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 18, 2005 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Ken Heath, Mark Warren, Mel Leaman and Dr. James Gates, Town Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Public Works Director Jack Perry; Purchasing Agent B. J. Hamm, and Town Clerk/Director of Finance Dixie Sheets.

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

MINUTES: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of the last meeting were approved as written and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.

VISITORS: Addison Ratliff, Tanner Glenn, Brandon Udomratanavasi, Henry Evans, Sharon Dishner, Katie Dishner, Sheila Glenn, Ken Glenn, Scott Wilson, Jeff Spickard, Charles Conner, Shirley Blackwell, Mary Beth Graham, Mary Briggs Graham.

PUBLIC HEARING-PROPOSED ISSUANCE OF BONDS-REFINANCE FIRE STATION AND PURCHASE GARBAGE TRUCK: This item continued to hearing date of 5/2/05.

APPROVAL OF PAY REQUEST NUMBER 2-EAST CHILHOWIE STREET BRIDGE-SCOTT WILSON/TOWN MANGER: Mr. Clark presented Pay Request # 2 for the East Chilhowie Street Bridge Project in the amount of $18,800. This is approximately 20% of the $120,000 to remove lead paint from bridge. Mr. Wilson reported that all lead paint has been removed and a zinc primer has been applied. The intermediate white coat of paint will be applied this week. Due to weather conditions, the project is five (5) weeks behind schedule. Upon motion of Mr. Clay, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Payment # 2 was approved. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively. It was noted that a progress meeting is scheduled on April 20, 2005.

UPDATE WATER TREATMENT SCHEDULE-JEFF SPICKARD: A loan of $1,576,100 from the Virginia Department of Health has been secured for upgrade of the Water Treatment Plant facility. It is a 20 year loan at 3.4%, $9,063 monthly. The Town also received a grant from MRPDC in the amount of $50,000 and a no interest, 10-year loan of $50,000. The project will be bid in September 2005 with construction to begin in December 2005. Substantial completion is expected in October 2006.

SITUATION ON TOBACCO GRANT APPLICATION: The Town of Marion has applied for a Tobacco Grant for the construction of a second sedimentation basin as part of the Upgrade of the Water Treatment Plant. The Town had initially anticipated the purchase of a local spring instead of the second sedimentation basin. The owners of the spring decided not to sell the spring but to lease it to the Town. This was not acceptable to the Town and now a second sedimentation basin must be constructed. Currently, the Tobacco Commission has voted to “suspend indefinitely all current and scheduled grant cycles”. A delay of 60-90 days is expected prior to announcements of grant awards.

LEE STREET EASEMENT UPDATE: Lee Street easements were prepared on April 8, 2005. These have been distributed to the eight property owners. The major property owner has already signed the easements. Property owners have cooperated very well. There are no anticipated problems. Plans to advertise the project for bid are proceeding. Pre-bid is scheduled on May 10 with bids due on or before May 19 at 2 p.m.

DESTINATION IMAGINATION TEAM: Members of the Destination Imagination Team from Marion Middle School were in attendance. Sheila Glenn, one of the Team coaches, advised that the Team had placed first in the Regional and State competitions. They also were awarded for Outstanding Creativity. The Global Competition will be held in Knoxville, TN on May 25-29. The Team requests financial assistance from the Council. Dr. Gates moved that the Town contact the Marion Middle School Principal, Kyle Rhodes, to determine if any of the Town’s $750 budgeted to the school may be used for the DI Team. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Hendrick, Leaman, Cregger, Warren, Clay, Heath and Dr. Gates voted affirmatively.

ACCOUNTS: Mr. Clay moved that the accounts be paid in the amount of $533,867.78. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.

INVESTMENTS: Upon motion of Mr. Clay, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Hendrick, Cregger, Heath, Warren, Clay, Leaman and Dr. Gates voted affirmatively.

FUNDING FROM MT. ROGERS PDC ON WATER TREATMENT PLANT UPGRADE: It was reported that a check in the amount of $100,000 has been received from MRPDC for the Water Treatment Plant Project. $50,000 of the funds is a grant and $50,000 is an interest free loan. The loan must be repaid in 10 years. Mr. Clark advised that David Barrett and Tom Taylor were instrumental in obtaining these funds and asked that formal recognition be directed to them. Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Town Council agreed to formally express their gratitude to Mr. Barrett and Mr. Taylor.

NOTICE OF VML REGIONAL MEETINGS-MAYOR HELMS: The VML Town Section Meeting is scheduled on May 27, 2005 at Martha Washington Inn in Abingdon, VA. The meeting will begin at 11:00 a.m. Mayor Helms advised that this is the same date as the Older American Appreciation Day held in Marion. Town Council representatives will divide and attend both events.

PROPOSAL ON LANDSCAPING SERVICE FROM EVANS ENTERPRISES: Three (3) firms were requested to bid on landscaping services for the Town. Only one proposal was submitted. Evans Enterprises of Rural Retreat, VA submitted a bid proposal for upkeep of trees and shrubs along Main Street and at the Town parking lot and Welcome signs. Cost of this portion of the bid was $3,700. Upkeep of flower beds, mulch and flowers for town locations and Riverbend Park was bid at $6,295. Total for Evans Enterprises services was $9,995. Mr. Cregger requested that a variety of plantings be selected for a more appealing presentation. Mr. Leaman expressed concern that the Town parking lot has not been well kept for the past year. He noted gravel on the lot, weeds and unkept planters. Mr. Heath stated that these items would be addressed in the contract. Mr. Warren moved that the concerns and contract proposal be reviewed with the Buildings and Grounds Committee. Mr. Clay seconded the motion. Council approved the same unanimously.

PROCLAMATION-ARBOR DAY: Tree Board members Shirley Blackwell and Charles Conner were in attendance Mr. Helms read the following Proclamation.

A PROCLAMATION DECLARING APRIL 29, 2005 AS 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, trees 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 Friday, April 29, 2005, 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.
Dated, this 29th day of April 2005.
____________________________ David P. Helms, Mayor

Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Proclamation was adopted.

BUILDING & GROUNDS COMMITTEE-FORMER MLSC BUILDING AND LOT: It is the recommendation of the Building Committee that the Former MLSC Building be demolished and the lot prepared to become an extended parking lot for the Marion Police Department and Senior Citizen’s Center. Mr. Hicks presented a proposal from Teaters Trucking to remove the building, haul off the debris, prepare the ground for asphalt, asphalt the parking lot and stripe the parking lot. The proposal was in the amount of $18,400. During discussion, it was decided that concrete parking blocks be installed in addition to the proposal. Mr. Leaman asked if drainage would be a problem and if guardrail would be installed. Mr. Hicks advised that the “run-off” from the parking lot would be directed toward the street. Mr. Hicks noted that with the concrete parking blocks, he did not anticipate that guardrail would be necessary. However, installation of approximately 100 feet of guardrail would be considered. Upon motion of Mr. Cregger, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Council directed that the recommendation of the Building Committee be accepted and the building be removed. The motion further recommended that $20,000 be included in the 2005-2006 Budget to complete this project.

MAIN STREET MISSION-END OF SCHOOL PARTY: Mr. Heath advised that the “End of School Party” is scheduled on June 4. It is requested that Town Street from Chestnut Street to Commerce Street be closed from 3:30 p.m. to 8:00 p.m. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 6 AYES and 1 ABSENTION (Heath), permission to close the street, as requested, was granted.

LUNCHTIME ON THE LAWN: Lunchtime on the Lawn will be held on June 3, 10, 17, and 24. Town Council will serve on June 10.

DOWNTOWN DAYS SCHEDULED FOR JULY 15, 16 AND 17: Mr. Heath advised that events will be held on Friday and Saturday nights, along with craft and food vendors on Friday, Saturday and Sunday.

TOWN SHOP: Mr. Cregger commended Mr. Clark and Mr. Perry on painting the Town Shop.

MSHS SOCCER: Dr. Gates invited those present to attend MSHS Soccer on Tuesday and Thursday. The Teams record is currently 5-0-1.

MAYOR’S REPORT: Mayor Helms reminded members that Arbor Day would be held April 29. Also on April 29, Pastor Mike Sage, Freedom Tabernacle Church and other Churches will present a program at the Lincoln Theatre to benefit families of the local Reserve Unit. Older Americans Appreciation Day will be held on May 27. The Transit System participation continues to grow. Wee Read program, directed by Sara Jennings continues and have notified the Town that they appreciate funds budgeted by the Town.

DELINQUENT TAXES MAILED: Dixie Sheets reported that delinquent tax statements have been mailed.

CHURCH BENEFIT: Mr. Hicks advised that a service would be held at Chilhowie High School on May 1 as a benefit for the family of eight (8) year old Logan Chatham. Logan is a patient at University of Virginia Hospital with a brain tumor.

CAMPBELL AVENUE SEWER LINE: Mr. Clark advised that the Campbell Avenue Sewer Line project is progressing. Funding for the project has been secured with ARC committed at $186,000, Smyth County Board of Supervisors at $70,000 and the Town of Marion $110,000. Town Attorney Mark Fenyk will provide preliminary title opinions. Mr. Fenyk will provide final opinions prior to closure of the loan.

GARBAGE TRUCK: Mr. Hamm advised that as of January 2005, the truck would be delivered in May or June. A factory representative upon receipt of the truck will provide training. Mr. Perry advised that one of the Town’s garbage trucks is broken and will be out of service for at least a week.

TRUSTEE PROGRAM: Mr. Clark noted that the Trustee Program has been suspended indefinitely. Several options were presented to the Town Council for review. The major problem with continuing the Trustee Program is the transportation issue. The Committee recommended that Option A be selected. Option A allows the Town to hire two (2) part-time employees for the summer, mainly to work in the Cemetery. Upon motion of Mr., Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Option A was selected. Mr. Clark asked that appreciation be expressed to the Inmate Supervisor, Richard Henderson and that letters of appreciation be mailed to the Smyth County Sheriff. Mr. Clark was instructed to contact the Regional Jail Authority and inform them that the Town may wish to continue the program in the future if the transportation issue can be resolved.

CLOSED SESSION-JUSTIFICATION 2.2-3711 (A3), Code of Virginia, as amended-Negotiations of Spring Acquisition and Counter Offer: Mr. Hendrick moved that Council enter into Closed Session to discuss negotiations of spring acquisition. Mr. Clay seconded the motion. Council entered into Closed Session by a vote of 7 AYES and 0 NOES. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during Closed Session. Mr. Heath seconded the motion. Council approved the motion unanimously. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren and Dr. Gates voted affirmatively.

SCOTT SPRING: Mr. Hendrick stated that the Town was only interested in purchase of the spring. The property owners were interested in leasing the spring. Mr. Hendrick moved that the Town reject the current offer and this matter be dropped from the agenda, ending current negotiations. Mr. Heath seconded the motion. Town Council approved the motion unanimously. Messrs Hendrick, Heath, Cregger, Leaman, Clay, Warren and Dr. Gates voted affirmatively.

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



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