COUNCIL MEETING MINUTES
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 January 5, 2004 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Samuel S. Burkett, Ken Heath, Buford Cregger, Mel Leaman, Mark Warren, Eugene Hendrick and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk and Police Chief Michael Roberts.

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

MINUTES: Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the minutes of the meeting held on December 15, 2003 were approved as written and distributed.

VISITORS: Kitty Barker, Amy Henderson, James McNeil, Scott Wilson

BLUE RIDGE TRAVEL ASSOCIATION OF VIRGINIA-KITTY BARKER: Ms. Kitty Barker, Director of the Blue Ridge Travel Association, presented an overview of the Association’s programs to promote tourism in the area. President Amy Henderson was also in attendance. Mr. Heath asked that new brochures contain additional information about Marion and the entire Smyth County area. Ms. Barker responded that most areas have a “key person” dedicated to tourism. Mr. Heath offered the services of his office for this function. Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 6 AYES and 1 ABSTENSION (Heath), Marion Downtown! was designated to assume the duties of tourism contact and marketing officer for the Town of Marion.

FIRE TRUCK FINANCING-DIRECTOR OF FINANCE: Ms. Sheets informed Council that the last truck for the Fire Department will be received in January 2004. The cost of the new truck is $382,755. Per instructions from the Finance Committee, Ms. Sheets reported that the Bank of Marion was contacted to re-negotiate a loan in the amount of $1,500,000. She advised that the original loan was for a term of 180 months at a rate of 4.74%. The Town has paid on the loan for 16 months ($11,662 per month) and made a lump sum payment of $314,860.72. The Bank of Marion will issue a new loan in the amount of $1,400,000 for a term of 164 months at a rate of 4.32%. If the Town decides to accept the proposal, the monthly payment would be $11,318.

Mr. Fenyk advised that bids must be acquired from all local sources. Dr. Gates moved to increase the loan amount, not to exceed $1.4 million and to request competitive bids from local banks. Mr. Leaman seconded the motion. The motion was approved by a vote of 6 AYES and 1 ABSTENTION (Cregger). Mr. Cregger abstained as his business partner is on the Board of the Bank of Marion and his wife is a Branch Manager of the Bank of Marion.

BID SCHEDULE ON PARK BOULEVARD BIKEWAY PROJECT-TOWN MANAGER: Mr. Clark advised that authorization to advertise the bikeway project has been received from Jacob C. Craig, PE, Project Manager, Anderson & Associates, Inc. A pre-bid meeting is scheduled for January 15 and the bid opening for January 26, 2004. The project manager will then submit a package to the Commonwealth Transportation Board for their consideration and approval on February 19. The project manager is hopeful that the “notice to proceed” may be issued by the end of March 2004. Mr. Clark stated that the total project cost estimate is $350,000. The local match is 20%. The Town share is 60% of the matching funds and Smyth County’s share will be 40% of the matching funds amount.

Mr. Warren asked if the drainage problem on Park Boulevard would be addressed during construction of the Bikeway. Mr. Clark stated that the plan designers considered drainage issues. Mr. Hicks added that the Town staff would correct the drainage problems, with regard to the Currin property, while Bikeway construction is underway. However, it will not be a part of the Bikeway Project.

FORMER MARION LIFE SAVING CREW BUILDING-REPORT ON BIDS FOR RENOVATION-TOWN ENGINEER: Mr. Hicks advised that only one (1) contractor, Mr. Ernest “Pop” Teaters, attended the pre-bid, on-site, meeting for this project. Mr. Hicks asked that a meeting be scheduled with the appropriate staff, Building and Grounds Committee and Mr. Teaters to discuss the proposed project in detail. There were no bids received on the project. Upon motion of Mr. Burkett, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, this item was continued.

SEWER METER BIDS-TOWN ENGINEER: Mr. Hicks advised that bids for flow measurement equipment to monitor wastewater via open channel would be accepted until 4:00 pm on January 30, 2004. The device will be used to monitor Smyth County sewer flow to the Wastewater Plant and will be installed at the Hungry Mother Creek Interceptor. Town and County staff will monitor and evaluate the equipment prior to others being ordered and installed.

BUILDING INSPECTION DEPARTMENT PROCEDURE ON RENTAL PROPERTY: Mr. Clark informed Town Council of correspondence received from Mr. Bud Owens of the Smyth County Building Inspection Department concerning the possible adoption of the Virginia Uniform Statewide Property Maintenance Code. According to Mr. Owens, upon adoption of the Maintenance Code, the County will be empowered to enforce these regulations on rental property. Council members were perplexed concerning the letter. In past years, the Town has discussed inspection of derelict and sub-standard property with Smyth County. The County Inspection Office had declined to perform inspections, citing not being certified or having the time and personnel to become certified. Mr. Hendrick further stated that the Town is in agreement with MRHA for spot blight inspections. Mr. Clark added that two (2) properties, one on Gilman Street and one on Pearl Avenue are in the process of being inspected by MRHA. Results of the inspection will be presented to the Housing Board. Mr. Cregger moved that Mr. Clark contact the Building Inspection Office and determine the details of the contents of the letter received from them and report back to Council. Mr. Hendrick seconded the motion and Council approved the same by a vote of 7 AYES and 0 NOES.

EFFECTS ON LOCAL GOVERNMENT IF GOVERNOR’S TAX PACKAGE NOT ENACTED: Mr. Clark stated that he was advised by Mr. Tom Taylor, Executive Director of MRPDC, that a severe cut of at least 18% of general funds is expected to all programs supported by the State if the Governor’s Tax Package is not adopted. The cuts would adversely affect localities. Mr. Heath moved that Mr. Clark write letters to the appropriate elected officials and to the Governor, stating the Town’s opposition to the possible reduction of funds to localities. Mr. Leaman added that VML would prepare a response to this matter with regard to local governments. He also urged that the Town Manager ascertain that the facts have been correctly presented.

MARION INTERMEDIATE SCHOOL REQUEST-SCHOOL TRIP: The annual trip for the Marion Intermediate School Fifth Graders is planned on April 1-2, 2004. The trip will include tours of Jamestown, Shirley Plantation, Nauticus-The National Maritime Center and an SOL based cruise on the Spirit of Norfolk. A request for donations was received from the school to offset the cost of the trip for those students whose parents/guardians cannot afford the full cost of the trip. This item was referred to the Finance Committee for study and recommendation.

SELECTION OF FIRE COMMITTEE MEETING REGARDING FIRE/RESCUE PROCEDURES: Mr. Clark advised that a meeting date would be scheduled to discuss the same.

SELECTION OF FINANCE COMMITTEE MEETING REGARDING REVIEW OF 2002-2003 FINANCIAL STATEMENTS: A meeting has been tentatively scheduled at noon on January 21, 2004 with Patricia Belcher of Albano & Associates to discuss the recently audited financial statements.

TRAIN WHISTLES: Mr. Warren asked that the Town Manager inquire into the new federal regulations on train whistles blowing within the corporate limits.

COUNCIL MEETING RESCHEDULED: Mayor Helms advised that the next Council meeting would be held on Tuesday, January 20, 2004.

GARBAGE COLLECTION: Mayor Helms announced that the holiday garbage collection schedule went well.

LEE STREET BRIDGE PROJECT: Mr. Hicks advised that selection of an engineering firm for the Lee Street Bridge Project will be made in the near future.

EAST CHILHOWIE STREET BRIDGE: Mr. Hicks advised that selection of an engineering firm for the East Chilhowie Street Bridge project will be made in the near future.

TRAINING: Mayor Helms asked that training on Town Shop equipment begin at the earliest possible date.

STREET SWEEPER: Council was advised that the street sweeper was “rear ended” on January 2. There was no insurance on the vehicle/driver that caused the accident. Minor damage was reported to the sweeper.

GARBAGE TRUCK REPAIRS: Mr. Clark informed Council that the regular garbage truck has been taken to Bristol for repairs.

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



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