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 April 19, 2004 at 7:00 p.m.

PRESENT: Vice-Mayor Samuel Burkett; Ken Heath, Mark Warren, Eugene Hendrick, Buford Cregger, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Engineer's Assistant Todd Long; Secretary to the Town Manager Linda Pennington; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm; Town Clerk/Director of Finance Dixie O. Sheets.

INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the Invocation. Vice-Mayor Burkett led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Heath, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, the minutes of the meeting, held 4/5/04, were approved as written and distributed. Messrs Hendrick, Heath, Cregger, Warren and Dr. Gates voted affirmatively.

VISITORS: Shirley Blackwell, Ann Snider, Erwin Rowland, David Rowland, Jeannie Perkins

SPECIAL PRESENTATION-DIXIE SHEETS ON ACHIEVING SECOND LEVEL MEMBERSHIP IN THE IIMC MASTER MUNICIPAL CLERK ACADEMY: Vice-Mayor Burkett announced that Town Clerk/Director of Finance Dixie O. Sheets has qualified for Second Level Membership in the IIMC Master Municipal Clerk Academy. He read a letter of announcement from IIMC. Ms. Sheets expressed her appreciation to Town Council for the opportunities extended to her by the Town of Marion.

TOWN ATTORNEY ON PARKING RIGHTS AT FORMER LIFE SAVING CREW BUILDING: Mr. Fenyk asked that this item be continued. Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, the matter was continued.

NOTICE TO PROCEED ON PARK BOULEVARD BIKEWAY PROJECT -TOWN MANAGER: The Contract was signed on March 25, 2004 with W-L Construction and Paving, Inc. for the Park Boulevard Bikeway Project. If approved by Town Council, the contract time will commence on May 10, 2004 and Substantial Completion is September 6, 2004 (120 days). Upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 4 AYES and 1 ABSTENTION (Heath), Town Council approved the "Notice to Proceed".

LIGHTING ON PARK BOULEVARD BIKEWAY PROJECT: Mr. Clark advised that the Town has a safety concern on the project with regard to lighting. The trail will be developed along both sides of Park Boulevard and will extend into Smyth County ending at Mitchell Valley Road. The Town has safety issue concerns, particularly at intersections along the Bikeway. The Town's consultant presented proposals of decorative lights. However, the Committee did not believe that decorative lighting would convey enough light to impact the problem. Mr. Clark stated that he has contacted American Electric Power and anticipates their assessment and recommendation concerning the placement/improvement of lighting at the following intersections: Terrace Drive, Culbert and Callan Drive, Radio Hill Road, Oak Lane and Prater Lane. Certain intersections already have lighting and those lights may have to be upgraded. Oak Lane & Prater Lane may require right-of-way issues. This is to be determined. Mr. Clark has notified VDOT of the problem and noted that the Town will have approximately $28,011 in local and state funds that may apply to lighting safety improvements. Mr. Heath asked what effect the lights may have on the residences. This will depend upon the recommendation of AEP.

Mrs. Erwin Rowland, Park Boulevard resident, noted that a streetlight was recently installed at the southwest corner of Oak Lane. She was not in favor of additional lighting in the area.

Mr. Clark informed Council that AEP would assess and recommend installation of lighting and upgrades to existing lighting. When these recommendations are received the Town Manager will present the same to the appropriate committee for discussion.

Mr. Warren advised that Town Council had asked that AEP upgrade the lighting on Prater Lane at an earlier meeting. Other members of Town Council concurred. Mr. Clark stated that he would contact AEP on the matter.

DEVELOPMENT OF PLATS ON FORMER BLEVINS AND OVERBEY PR0PERTY IN PREPARATION OF DECLARING THE LAND SURPLUS: TOWN MANAGER: Mr. Clark stated that the Town purchased 1.21 acres of property from Jay Overbey and Joe Blevins. The property is a part of the Gilman/Chilhowie Street Project. Surveyor T. W. Burkett surveyed the parcel and sub-divided it into three lots. The Town is considering donating these lots to Habitat for Humanity. However, first the lots must be declared 'surplus property'. The parcel must be presented to the Planning Commission for recommendation prior to any action being taken by the Town.

CLOSING ALLEY ON TOWN PROPERTY PURCHASED FROM BLEVINS AND OVERBEY FOR THE GILMAN/CHILHOWIE STREET PROJECT: Mr. Heath moved that a Public Hearing be scheduled to consider vacating an alley in the proposed sub-divided plat purchased from Blevins & Overbey for the Gilman/Chilhowie Street Project. Mr. Warren seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.

STALEY STREET DRAINAGE-TOWN ENGINEER: Mr. Hicks reminded Town Council that only one (1) bid was received on this project. Teaters Trucking submitted a bid of $100,000. Mr. Hicks had negotiated with Mr. Ernest Teaters to reduce the bid price. In discussion with Mr. Teaters, Mr. Hicks advised that he felt the Town could purchase the concrete and manholes and reduce the cost $5,000. Mr. Hendrick moved that the Town proceed with the Staley Street Drainage Project. He added that it appears that this would be funded with Highway Maintenance Funds. This particular project was not a budgeted line item for FY 2003-2004. Mr. Heath seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Heath, Cregger, Hendrick, Warren and Dr. Gates voted affirmatively.

ACCOUNTS: Upon motion of Dr. Gates, seconded by Mr. Heath, and vote of 5 AYES and 0 NOES, the Accounts were approved for payment in the amount of $594,292.78. Messrs Heath, Hendrick, Cregger, Warren and Dr. Gates voted affirmatively.

INVESTMENTS: Upon motion of Mr. Warren, seconded by Dr. Gates, and vote of 5 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Heath, Hendrick, Cregger, Warren and Dr. Gates voted affirmatively.

PROCLAMATION DECLARING MAY 4, 2004 ARBOR DAY: Ms. Sheets read the Proclamation. Upon motion of Mr. Heath, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, the following Proclamation was adopted:

A PROCLAMATION DECLARING MAY 4, 2004 ARBOR DAY

WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and

WHEREAS, are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and

WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community, and

WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.

NOW, THEREFORE, I, David P. Helms, Mayor of the Town of Marion do hereby proclaim Tuesday, May 4, 2004, ARBOR DAY in the Town of Marion and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and

FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well being of this and future generations.

Dates, the 4th day of May 2004.

_______________________________ David P. Helms, Mayor of the Town of Marion

Attest:

________________________ John E. B. Clark, Jr. -Town Manager

Vice-Mayor Burkett presented the Proclamation to Shirley Blackwell and Ann Snider.

Mr. Hendrick noted that he and employees of Bartlett Tree Service, of Roanoke, VA, have been working on the Tree Inventory. He added that Mrs. Shirley Blackwell would apply for another grant to fund the completion of the project.

TOWN SHOP ROOF REPAIRS: Mr. Warren asked if the roof repairs have been completed. Mr. Hamm responded that the project is complete and four (4) leaks were repaired.

WATER PROBLEM-LISSA HUNGATE: Mrs. Hungate was unable to attend the meeting. However, Dr. Gates informed Council that she planned to request that the storm drain on Holly Street be connected to an existing drain in the area. It is currently going into a field. Mr. Cregger, Mr. Hendrick and Mr. Hicks have visited the site and are aware of the problem. Town staff is currently working on a solution.

REQUEST FROM SMYTHNET FOR WIRELESS ANTENNA ON MUNICIPAL BUILDING: Michael V. Perdue, owner of SmythNet, requested permission to install a wireless Internet antenna on the Municipal Building. A letter of support from Southwest Virginia Legal Aid Society, Inc. was received on SmythNet's request. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 5 AYES and 0 N0ES, the request was referred to the Technology Committee for study and recommendation.

REPORT FROM SAFETY COMMITTEE ON INCENTIVE PROGRAM PROPOSAL-TODD LONG AND LINDA PENNINGTON: The Town of Marion Safety Committee presented a Safety Incentive Program proposal that would promote safe work habits and awareness to all Town Employees. The Incentive program would reward employees for safe working time periods each quarter. If lost time accidents were reduced, that would reduce the Town's experience modification percentage and also the insurance premiums. The Town also has an employee medical expense budget item that could be reduced. Incentives would be granted to full-time employees only and only for those who participate in all Safety functions, such as, meetings, videos, and training sessions. The proposal originally contained two (2) options. Option 1-Time off. A full-time employee would earn 4 hours off for every quarter worked without a lost time accident. A maximum of 16 hours may be carried. The time off must be scheduled in advance with the employee's supervisor. Mr. Long withdrew the second Option from the request. He advised that the proposal has been discussed with the Finance Committee and Insurance Committee. The Finance Committee was supportive of the proposal. Mrs. Pennington informed Council that if the accident percentage is lowered, a portion of the Town's insurance might be returned. Mr. Cregger moved that Town Council approve the Incentive Program on a trial basis for a period on one (1) year and if any problems arise with the program that they be referred to Town Council immediately for resolution. Mr. Cregger further moved that the program be retroactive to January 1, 2004. Mr. Heath seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Heath, Cregger, Hendrick, Warren and Dr. Gates voted affirmatively.

LETTER OF CONSIDERATION FOR APPOINTMENT OF DR. WAYNE REYNOLDS FOR AIRPORT COMMISSION FROM ARLEN TAYLOR: Arlen M. Taylor notified the Town that Wayne C. Reynolds, MD would be an excellent choice as the Town's representative on the Smyth-Wythe Airport Commisson. Dr. Reynolds is an aircraft owner and an active pilot. Mr. Taylor requested that Dr. Reynolds be considered for the Commission when a vacancy occurs. The current Town representative on the Airport Commission is Larry Blevins. Mr. Blevins has served in this capacity since 1990. His term will not expire until 10/04. The Joint Town/County representative is Bob Dix. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 5 AYES and 0 NOES, this matter will be considered at a later date.

QUARTERLY MEETING AT LINCOLN THEATRE-MAY 6, 2004 AT 6:00 P.M.: Mr. Clark suggested that the Town showcase the Lincoln Theatre at the April/May/June Quarterly Meeting. The dinner/meeting is tentatively scheduled for May 6, 2004 at 6:00 p.m. Mary Margaret Justice will present a program and the meal will be catered by A' La Carte. Members of Council suggested that the Town invite Alicia Bailey of Virginia Tourism. She had shown an interest in the reopening. Mr. Heath suggested that the Town include John Stowers as part of the program. Mr. Clark was asked to investigate a change of date and/or time for the meeting. He will contact Mary Margaret Justice.

BIKEWAY PROJECT: Erwin Rowland inquired that during the Bikeway Project that the Town entertains a suggestion to plant evergreens or shrubs behind Smyth Valley Crossing Shopping Center to screen the rear of the shops from Park Boulevard. Mr. Hicks stated that the Town has approached the Shopping Center concerning this in the past. Dr. Gates stated that the trees might be purchased with excess funds as previously discussed. Mr. Clark will ask the Committee to address this matter. Mr. Rowland suggested that the town request funds or trees from Walmart and coordinate the planting with Arbor Day.

SPRING PAVING: Mr. Hendrick advised that the Street Committee is compiling a Spring Paving schedule. He anticipates the Spring Paving to be $200,000.

METHADONE CLINIC: Mr. Hendrick asked if the Town has prepared any documents with regard to the establishment of Methadone Clinics within the Town limits. Mr. Fenyk stated that the Planning Commission must change the Matrix and decide on a definite definition of what constitutes a Methadone Clinic. Mr. Hicks informed Council that he has a meeting with the newly elected Chairman Bob Ramsey on Thursday, April 22, 2004 at 2:00 p.m. This matter will be discussed at that time. Mr. Fenyk requested to be present.

TOURISM: Mr. Heath advised that he would attend the Governor's Conference on Tourism on April 25, 26 and 27.

LINCOLN THEATRE RECEPTION: Mr. Heath stated that the Lincoln Theatre Opening Reception would be held on April 30, 2004. The ribbon cutting ceremony will be conducted at Noon on May 1, 2004.

SALUTE TO INDUSTRY: Mr. Heath noted that the Salute to Industry would be held on May 13, 2004 at the Holston Hills Country Club.

DOWNTOWN ANNUAL MEETING: Mr. Heath informed Council members that the Marion Downtown! Annual Dinner will be held on May 20, 2004.

HUNGRY MOTHER ESTATES PROPOSED SUB-DIVISION: Mr. Warren requested an update on the Hungry Mother Estates Project and if the plats have been submitted. No plats have been submitted as of this date. However, it is understood by several members of Town Council that the developers plan to begin in May 2004.

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

________________________________ ___________________________________ Mayor Clerk



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