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 November 1, 2004 at 7:00 p.m.

PRESENT: Vice-Mayor Eugene Hendrick; Mark Warren, Mel Leaman, Buford Cregger, Herbert Clay and Dr. James Gates, Council Members; Assistant Town Manager/Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts; and Town Clerk/Director of Finance Dixie Sheets.

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

MINUTES: Upon motion of Mr. Warren, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Warren, Leaman, Cregger, Clay and Dr. Gates voted affirmatively.

VISITORS: None

HEALTH INSURANCE FOR PRE-55 RETIREES-CONTINUE- WAITING FOR FORMAL COMPARISON TO CURRENT PLAN: Upon motion, duly seconded and vote of 5 AYES and 0 NOES, this item was continued.

REQUEST TO REZONE PROPERTY ON COMMERCE STREET FROM IG TO CG: This request was withdrawn by the property owner, Joe Naff and dropped from the agenda.

LETTER FROM OFFICE OF EMERGENCY SERVICES-POLICE CHIEF: Smyth County Emergency Management Coordinator Charles P. Harrington had notified the Town that the Department of Homeland Security has been making funding available to Smyth County for several months to enable communities to become better prepared to respond to acts of terrorism. The most current allotment requires that each incorporated town be given a share of the funds on a per capita basis. Mr. Harrington requested that each community consider allowing Smyth County to retain all of the allocation to purchase new consoles for the 911 communications center. The Town of Marion share is $19,999. Chief Roberts recommended the Town retain its portion of the funds for use in purchase or upgrade of communications equipment, security for the Police Department, video equipment, protective outfits for officers or a new generator. Chief Roberts noted that he had tried to contract County Administrator E.B.J. Whitmore, III to discuss the matter, however, Mr. Whitmore was out of Town. Mr. Leaman added that Mr. Harrington addressed the 911 Committee and advised that all three (3) towns would have to agree to relinquish their funds to the County in order to purchase the consoles for 911. Discussion ensued. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 5 AYES and 0 NOES, Council elected to retain funds provided by the Department of Homeland Security in the amount of $19,999. Messrs Cregger, Leaman, Clay, Warren and Dr. Gates voted affirmatively.

COUNTRY CLUB SEWER PROJECT: The Town of Marion has accepted the low bid of Teaters Trucking and Construction Company in the amount of $57,061 plus a cost per cubic yard for the removal of rock. Mr. Hicks was given permission to negotiate a set price with the contractor to encompass installation of the sewer line, including rock removal, not to exceed $75,000. Teaters Trucking and Construction Company has verbally agreed to install the Country Club Road/Riverview Drive Sewer Project, including all rock removal, for a total not to exceed $75,000. Mr. Hicks was instructed to include the negotiated price and conditions in a contract to be signed by the Town and Teaters Trucking and Construction Company.

UPDATE ON FIVE YEAR WATER & SEWER IMPROVEMENT PLAN: Upon motion of Mr. Clay, seconded by Mr. Leaman, this item was continued.

STREET LIGHT REQUEST-BURLINGTON STREET: A Street Light Petition was received from the residents of Burlington Street requesting installation of a streetlight. Upon motion of Mr. Leaman, seconded by Mr. Clay, and vote of 5 AYES and 0 NOES, the request was referred to the Street Light Committee for study and recommendation.

CHILHOWIE STREET BRIDGE BIDS-REVIEW BY SCOTT WILSON: Bids for the East Chilhowie Street Bridge Improvement Project were opened on October 26, 2004. Three contractors bid on the project. The apparent low bidder was Inland Construction, Inc. in the amount of $436,560. The bid is considerably lower than the Town Engineer’s estimate. Thompson & Litton representative Scott Wilson recommended awarding the contract to Inland Construction, Inc. T&L had investigated the company and is aware of their quality of workmanship. He informed the Town Council that the bid information must be mailed to VDOT and anticipate a 2-4 week timeline for VDOT approval. Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, Town Council awarded the project to Inland Construction, Inc. contingent upon VDOT approval. Messrs Cregger, Warren, Leaman, Clay and Dr. Gates voted affirmatively.

APPROVAL OF BIKEWAY PROJECT PAYMENT - $87,354.97: Upon motion of Dr. Gates, seconded by Mr. Cregger and vote of 5 AYES and 0 NOES, payment request # 3 in the amount of $87,354.97 was approved for payment pending receipt of T-21 funds. Messrs Clay, Cregger, Warren, Leaman, and Dr. Gates voted affirmatively.

LANDSCAPING/BIKE TRAIL: Mr. Warren asked how much funding was saved with the omission of the retaining wall. Approximately $5,000 was saved. Mr. Warren further inquired about the progress of the landscaping behind the shopping center along Rt. 16/Bike Trail. Mr. Hicks advised that a mixture of fence and larger trees would be established. The landscaping portion has not been completed.

BANK OF MARION-REQUEST FOR FRANCHISE: The Bank of Marion has run computer and telephone lines underground from their Main Office Building at 102 West Main Street to the Hometown Financial Services and Commercial Lending Office at 101 East Main Street. The Bank of Marion has applied for a franchise license. Mr. Fenyk stated that a public hearing date would be set at the November 15, 2004 meeting.

SET PUBLIC HEARING ON CDBG FUNDING-MARION DOWNTOWN HISTORIC DISTRICT MASTER REDEVELOPMENT PLAN FOR NOVEMBER 15, 2004 AT 7:00 P.M.: Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 5 AYES and 0 NOES, a public hearing was set as requested.

STREET COMMITTEE-REQUEST TO CLOSE PORTION OF IRON STREET-LINCOLN THEATRE FOUNDATION: Vice-Mayor Hendrick stated that the Town had requested a submission of plans, maintenance plans, and funding from the Lincoln Theatre Foundation for the area requested to be closed. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, this item was continued pending receipt of requested documents.

STREET COMMITTEE-REQUEST TO CLOSE 10 FOOT ALLEYWAY AT 117 PRESCOTT AVENUE BY MARY KATE GREER: Mr. Hicks advised that he discussed the street closure procedure with Ms. Greer. He explained the Town’s policy that the property must be surveyed and a deed written. The Town must approve the deed. Ms. Greer decided not to pursue the matter at this time. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 5 AYES and 0 NOES, this item was dropped from the agenda.

STREET COMMITTEE-REQUEST TO CLOSE PORTION OF S. JONES STREET-EBENEZER LUTHERAN CHURCH & SMYTH-BLAND REGIONAL LIBRARY: Mr. Hicks advised that as of this date, VDOT has not placed the “counters” in the area requested for closure. Although the Town will record the data, the counters must be set by VDOT. The count will be established for 2-3 weeks. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 5 AYES and 0 NOES, the matter was continued.

STREET COMMITTEE-REPORT FROM POLICE CHIEF WITH REGARD TO ACCIDENTS AT THE CHURCH AND CHERRY STREET INTERSECTION: Chief Roberts informed Town Council that ten (10) accidents have occurred at this intersection since April 2004. He suggested that larger “Stop” signs be installed at the intersection on Church Street to try to make citizens more aware of the intersection. He and Mr. Hicks also suggested yellow paint on the street and additional signage to notify travelers of the dangerous intersection ahead. Mr. Clay suggested a caution light. Chief Roberts and Mr. Hicks advised that the citizens would complain about the noise of the “rumble strips” and a flashing light. Mr. Warren made another suggestion of the installation of a traffic light. Mr. Hicks felt that this would be very difficult for travelers going downhill on Cherry Street, especially during inclement weather.

ORDINANCE COMMITTEE-SCCH FRANCHISE: Upon motion, duly seconded, and vote of 5 AYES and 0 NOES, this item was continued.

WATER COMMITTEE-POSSIBLE LAND EXCHANGE AT WATER TREATEMENT PLANT: Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 5 AYES and 0 NOES, this item was continued to November 15, 2004.

BUILDING & GROUNDS-HEAT PUMP-SENIOR CITIZEN CENTER: Mr. Hicks, Mindy Dyer, B. J. Hamm and the Building & Grounds Committee members met to discuss the comparison of costs from one source. Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the Committee recommended the staff to secure recommendation to solicit design/build estimates from other sources.

WATER COMMITTEE-EIGHT RESPONSES ON WATER TREATMENT PLANT FROM ENGINEERING FIRMS-WILL INTERVIEW WEEK OF NOVEMER 8, 2004: Bids from engineering firms will be selected and interviewed during the week of November 8.

FINANCE COMMITTEE: Dr. Gates reported that the Finance Committee and appropriate Town staff met to discuss financial matters. He noted that, at times, the Town is experiencing cash flow crunches due to the lack of timely reimbursement from funding agencies. The Finance Committee will meet more often to monitor this situation.

HISTORICAL SOCIETY: It was reported that the Historical Society is seeking grants for the cost of refurbishing the former school building located on North Church Street.

LINCOLN THEATRE: Dr. Gates reported that the “Beatles” show presented at the Lincoln Theatre was fun and entertaining.

NEW YORK MARATHON: Councilman Gates will participate (and finish) the New York Marathon this weekend. Good luck Dr. Gates.

MACADO’S RESTAURANT: Mr. Clay asked when Macado’s plans to open for business. The restaurant will open after the first of the year.

“NO THRU TRUCK TRAFFIC” SIGNS: The Street Committee discussed installation of these signs on Wassona Circle, Culbert Drive and Keller Lane. They recommend that signs be the same size as the 25 mph speed limit signs and affixed to the same pole.

TAXES: Ms. Sheets informed Town Council that 2004 Personal Property Taxes were mailed October 29 and 2004 Real Estate Taxes will be mailed on or before November 5.

BIKEWAY-RIBBON CUTTING CEREMONY: Vice-Mayor Hendrick reported that the official opening of the Park Boulevard Bikeway Project was held on October 21, 2004. The event was well attended. The Southwest Virginia Cyclists Association met at 5 p.m. the same date and rode the trail.

TOURISM MEETING: The Smyth County Chamber of Commerce conducted meetings in each locality to identify the “hidden assets” located in each Town and the County. This information will be used to create a Smyth County Brochure.

TEMPLETS FOR BIKE TRAIL: Mr. Hicks noted that the Town staff is in the process of securing signs to direct cyclists along the bike trail.

CLOSURE OF MAIN STREET: Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 5 AYES and 0 NOES, Chief Roberts was granted permission to request VDOT approval for closure of Main Street with regard to the Capital Christmas Tree Celebration and Annual Holiday Parade.

Upon motion, duly seconded, and vote of 5 AYES and 0 NOES, the meeting was adjourned.



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