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 June 7, 2004 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Samuel S. Burkett, Mark Warren, Eugene Hendrick, Buford Cregger, Mel Leaman, and Dr. James Gates, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; Police Chief Michael Roberts; Public Works Director Jack Perry and Town Clerk/Director of Finance Dixie Sheets.

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

MINUTES: Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the minutes of the meeting held on May 17, 2004 was approved as written and distributed. Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the minutes of a Special Council Meeting to consider the 2004-05 Budget held on May 26, 2004 were approved as written and distributed.

VISITORS: Marion Planning Commission Members- Chairman Robert Ramsey, M. J. Hubble, Alice Freeman, Brenda Bennett and Cameron Wolfe, Councilman-Elect Herbert Clay, John Tilson, Samuel K. Boothe, John Campbell

JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON PROPOSAL TO REZONE PROPERTY AT 709 NORTH MAIN STREET FROM R2 TO CG: Property owners Samuel K. and Robert A Boothe II requested that the property located at 709 N. Main Street be rezoned from R2 to Commercial General (CG). The property’s intended use is as an insurance agency. There was no opposition to the request. Upon motion of Mr. Wolfe, seconded by Mr. Hubble and vote of 5 AYES and 1 ABSTENTION (Leaman), Marion Planning Commission recommended approval of the request. Upon motion of Mr. Cregger, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, the request to rezone was approved.

ACCEPTANCE OF BIDS ON SPRING PAVING: Mr. Hicks presented the bid on Spring Paving as submitted by W-L Construction and Paving, Inc. The total bid to provide approximately 3000 tons of asphalt and approximately 9576 yards was $159,775.68. Mr. Hicks also provided a copy of the schedule of streets to be resurfaced. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the bid for spring paving was awarded to W-L Construction and Paving, Inc.

STREET LIGHT UPGRADE PROPOSAL ON PRATER LANE: Mr. Clark stated that he was advised by AEP (Angela Jackson) that four (4) of the lights on Prater Lane are mercury vapor. The cost, per light, to upgrade is $400. Mr. Clark further reported that he requested an assessment of the entire Town lighting system. Ms. Jackson informed him that approximately 150 of the Town’s streetlights are mercury vapor. Upon motion of Mr. Cregger, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, this item was continued for further study.

REVISIONS TO BUDGET AND PERMISSION TO ADVERTISE: Upon motion of Mr. Hendrick, seconded by Mr. Burkett and vote of 6 AYES and 0 NOES, permission was granted to publish the proposed 2004-2005 annual Budget and set a public hearing for input on the same for June 21, 2004 at 7:00 p.m.

POSSIBLE REVISIONS TO TECHNOLOGY ZONE ORDINANCE: As Mr. Heath was not in attendance, Mayor Helms continued this item.

ACCEPTANCE OF BIDS ON GILMAN STREET DRAINAGE: Bids were received by the Town of April 20, 2004 and only one (1) bid was received. Teaters Trucking, Inc. submitted the bid at $9,640. Dewberry & Davis Project Manager Jeff Spickard, PE recommended that the Town award the project to Teaters Trucking, Inc. Upon motion of Mr. Leaman, seconded by Mr. Burkett, and vote of 6 AYES and 0 NOES, the project for Gilman Street Paving and Drainage was awarded to Teaters Trucking, Inc. Mr. Cregger asked if the drainage project would affect paving of the street. Mr. Hicks responded that the drainage project would not affect paving.

GILMAN STREET PAVING: Mr. Leaman stated that Gilman Street is in dire need of paving or temporary treatment until paving can be scheduled. Mr. John Campbell and Mr. John Tilson, residents of Gilman Street, were in attendance. They agreed that the street is in need of repair. The street is slated to be paved in September. Mr. Tilson stated that the water line was installed in November 2003. The neighborhood was advised, at that time, that the paving would be scheduled for Spring 2004. He was opposed to delaying the street paving until September. Mr. Cregger felt that it is a double expense to temporarily repair the street as opposed to properly paving it. Mr. Hicks estimated that the cost would be $15,279. Mr. Cregger moved that the street be added to the Spring Paving schedule. Mr. Leaman seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

NOTICE OF HOUSING BOARD’S AWARD FOR DEMOLITION OF HOUSES ON CHILHOWIE STREET: It was announced that two (2) bids were received on the demolition of two (2) substandard houses located at 153 E. Chilhowie Street and 207 E. Chilhowie Street. Bids were received from Teaters Trucking, Inc. ($9,600) and Raymond Hardin ($12,000). Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the project was awarded to Teaters Trucking, Inc. Related to the project the dwelling located at 203 E. Chilhowie Street was to be burned by the Marion Volunteer Fire Department. However, it had been determined that unknown issues regarding materials in the structure this building will also be demolished. Mr. Teaters will be asked to include this demolition at the same time. 211 E.Chilhowie Street will not be demolished until a new unit is constructed for the family to move into. The new house will be built on one of the three (3) available lots.

NEW REGULATIONS ON TRAIN “QUIET ZONE” THAT MAY AFFECT TOWN OF MARION: Mr. Clark advised that new regulations have been set in place to allow communities to become “quite zones” with regard to the sounding of train whistles. He had contacted Norfork Southern to obtain additional information. Discussion ensued. Mr. Leaman moved that this item be dropped from the agenda until further action is necessary. Mr. Cregger seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

POSSIBLE FUNDING SOURCE FOR WATER TREATMENT PLANT DESIGN: The Town of Marion has applied for Health Department funding in the amount of $1,576,700 for the upgrade of the Marion Water Treatment Plant. The project will involve a complete modernization of the plant. Additional work may be necessary to connect a spring source, yet unsecured, to the plant. Dewberry & Davis, Inc performed a Preliminary Engineering Report (PER). The PER was approved by the Health Department on April 26, 2004. $110,100 has been set aside for design work on the facility. Mr. Clark has requested funds from the Health Department to be used for the design work on the Water Treatment Plant. He had hoped for interest free funding, however, the Town is not eligible. Funding is available at perhaps an interest rate of 3%. Mr. Clark advised that the Town does not qualify for Rural Development loans, as our rate per 1,000 gallons is too low. The Town is also not eligible for EDA loans as the Water Treatment Plant is only operating at 20% capacity. Mr. Fenyk asked if the town water rates would be increased to qualify for available funding. Mr. Clark responded that each customer’s bill would be increased approximately $2 per month to service the debt of $1,576,700.

REQUEST FOR TEMPORARY STREET CLOSURE-EBENEZER LUTHERAN CHURCH AND ROYAL OAK PRESBYTERIAN CHURCH: Royal Oak Presbyterian Church and Ebenezer Lutheran Church plan to have a joint cookout as the beginning of their respective Bible School Programs. The cookout is planned on June 25, 2004 at 5:00 p.m. The churches are requesting that the Town of Marion block off South Jones Street between the Lutheran Church and parking for that evening. Mr. Burkett moved that the request be approved and coordinated with Public Works and the Police Department. Mr. Hendrick seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

REQUEST TO CLOSE ALLEYWAYS ON GILMAN STREET: Mr. John Tilson requested that two (2) alleys on Gilman Street be closed as a part of the Gilman Street Improvement Project. One alley runs between two (2) of Mr. Tilson’s properties and ends at the railroad. The second alley is on the property owned by James Woods. Mr. Woods advised Mr. Tilson that he would be agreeable that in exchange for closing the alley he would allow the Town to demolish the dilapidated dwelling on the site. Mr. Tilson stated that he understands that under the provisions of the grant that the Town may close these alleyways. Mr. Clark will meet with Mr. Fenyk and Brian Reed to discuss this matter and study the conditions of the grant.

STREET COMMITTEE ON TOWN STREET: The Street Committee recommended that the sidewalk from along the proposed Macados Restaurant be upgraded. They further recommend that a three (3) foot sidewalk be installed on Town Street from Chestnut Street to Commerce Street with the addition of planters and/or landscaping. This plan has been developed at the request from most of the merchants along this section of Town Street and Marion Downtown! In order for the plan to be successful, “No Parking” signs must be installed and enforced. This would still allow enough room for delivery vehicles. Eight (8) meters must be moved on Town Street. Cost of the proposed project is $18,705. Mr. Leaman asked if ADA requirement would be met with a three (3) foot sidewalk. Mr. Hicks advised that turndowns would be installed. However, he was unsure of the width regulations. Mr. Hendrick moved that this item be continued. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

INSURANCE COMMITTEE ON HEALTH INSURANCE – PROPOSED 4.9% RATE INCREASE AND CHANGE TO JULY 1-JUNE 30 FISCAL YEAR: Mr. Burkett reported that the Town of Marion currently has a health insurance renewal date of December 1. Town staff had requested a bid from Anthem (formerly Trigon/Blue Cross) to change the renewal date to July 1 to coincide with the Town’s fiscal year. The deductible year will continue to be based upon a calendar year. Mr. Henry Brant submitted the Town’s request to Anthem. He has provided the Town with a renewal, including an increase of 4.9%, to the Town for consideration. The new rate would become effective 7/1/04. There are several changes to the Town’s plan for renewal. Dr. Gates moved that the Town plan renewal be converted to July 1 and that the Town will incur an increase of 4.9%. Mr. Burkett seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

JUNK CARS: Mr. Cregger stated that inoperable vehicles are again becoming a problem in the Town limits. He asked that the Zoning Department send appropriate letters to have these vehicles removed.

JULY 4TH CELEBRATION: Mr. Warren stated that Mr. Heath requested funds be allocated by the Town for a band for the July 4th Celebration. Mr. Burkett moved that $1,200 be allocated for the band. Mr. Leaman seconded the motion. Council approved the same by 6 AYES and 0 NOES.

HUNGRY MOTHER STATE PARK-LUAU AT THE LAKE: Mayor Helms stated that the Luau at the Lake was a huge success. Those in attendance were very complimentary about the food, fellowship and entertainment.

NATIONAL HUNGER AWARENESS DAY: National Hunger Awareness Day was held on June 3, 2004. Vice-Mayor Burkett signed the Proclamation on behalf of the Town.

UNVEILING OF CIVIL WAR TRAILS KIOSK OF COLONEL WILLIAM PETERS OF THE 101ST VIRGINIA CALVARY: On June 3, 2004, a Civil War Trails Kiosk of Colonel William Peters was unveiled on East Main Street near the grave of Col. Peters located in the Sheffey Family Cemetery. Descendents of Col. Peters wives were in attendance. They are Marsha Collins, Tom Hutton, Jim Hutton, Mrs. Hutton, Betty Blair Stewart and Martha Hull Copenhaver. Speakers for the program included Vice-Mayor Samuel Burkett, Town Manager John E. B. Clark, Jr., Executive Director of Virginia Civil War Trails Mitch Bowman, Don Francis and Betty Blair Stewart. Marion Middle School Band and Chorus provided a medley of Civil War era tunes. Two local Civil War re-enactors in uniforms with flags led the procession to the site of the kiosk.

SENIOR DAY: Mayor Helms stated that Senior Citizen’s Day was held at the W. W. Scott, Jr. Senior Citizen Center this year. Rain forced the festivities from the Court House Lawn to the Center. However, all who attended had a great time.

MARION DOWNTOWN! -MAIN STREET ASSESSMENT: Mayor Helms reported that National Main Street and Virginia Main Street representatives were in Marion on June 7, 2004 to perform the annual assessment of the Town’s Main Street program. They were most complimentary of the progress in the Downtown area and made a few recommendations to make it even more successful.

LEGISLATIVE COMMITTEE- VML: Mayor Helms recently attended the VML Legislative Committee Meeting in Richmond. He asked that anyone with suggestions for the programs for VML, especially concerning transportation, relay them to him to present to the Committee for consideration.

ADELPHIA CABLE SYSTEM: Mr. Fenyk stated that he spoke with Adelphia Cable System representatives concerning complaints about the reception of Channel 7. He advised that new equipment is interfered with by the Sheriff’s Department system. The new equipment is not “locking” onto the digital feed for Channel 7. Technicians continue to address this problem. Arrangements have been made to exchange equipment in an effort to correct the problem. There may be intermittent problems if the borrowed equipment must be returned.

TOWN SECTION MEETINGS: Mr. Helms reminded Council Members of the Town Section Meetings to be held on Thursday and Friday of this week, in Abingdon and Christiansburg, respectively.

Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.



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