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 May 2, 2005 at 7:00 p.m.

PRESENT: Mayor David P. Helms; 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 (arriving late); Town Clerk/Director of Finance Dixie O. 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 6 AYES and 0 NOES, the minutes of the last meeting were approved as written and distributed. Messrs Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.

VISITORS: Bill Thompson

PUBLIC HEARING-PROPOSED ISSUANCE OF BONDS – REFINANCE FIRE STATION AND PURCHASE NEW GARBAGE TRUCK: During the Public Hearing, Ms. Sheets informed Town Council that the Town intends to refinance outstanding bonds in the amount of $955,000 for the construction of the Fire Station at a significantly lower interest rate which will produce a savings of approximately $100,000 over the period of the loan. The loan will be paid off in October 2019. Ms. Sheets noted that the gross savings is variable until the bond is issued. In addition to refinancing of the Fire Station, new funds in an amount not to exceed $150,000 will be added to the bond for the purchase of a new garbage truck. Repayment of these funds will be spread over 7 years. Dr. Gates moved that the Resolution Authorizing the Sale of a Bond in an Amount Not to Exceed $1,105,000 be approved. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Heath, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.

TRANSDOMINION EXPRESS: Mr. Bill Thompson, the Town of Marion’s representative on the TransDominion Express Committee, reported that he has attended meetings for the group in Lynchburg and Roanoke. He stated that Norfolk-Southern Railroad representatives have now joined their meetings. TransDominion Express has purchased six (6) passenger rail cars and N&S is storing them. N&S has also agreed to power engineer these railcars. Mr. Thompson added that Governor Mark Warner has come out in favor of improvements in transportation, including rail. Representative Bill Wampler was instrumental in securing $9 million dollars for transportation. It is expected that within two (2) years that a “Pilot Project” will be underway for a period of 6 months to one year for rail service. Mr. Thompson expressed appreciation to Rep. Wampler for his assistance and encouragement that the project should begin in Bristol and travel to Abingdon, Marion, Wytheville, Pulaski, etc. Mr. Thompson will keep the Town informed of the exciting developments in the proposed revival of rail transportation.

APPROVAL OF WATER TREATMENT BOUNDARY BID: Mr. Clark reported that the Town received three (3) bids to lease of the grazing rights along the Water Treatment Plant Boundary. The approximate value, per acre, is $25. The Town will be named as added insured on the leaser’s insurance policy. Mr. Clark further reported that the fence is near completion. The Buildings & Grounds Committee and Town Manager recommended that the lease be awarded to the high bidder, William Cregger, at $1,030 per year for a period of three (3) years, commencing 7/1/2005. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, Town Council awarded the bid to William Cregger. Messrs Clay, Warren, Leaman, Heath, Cregger, and Dr. Gates voted affirmatively.

REVIEW OF LANDSCAPE BID FROM EVANS ENTERPRISES (BILLY EVANS): The Committee presented a proposed contract agreement. During the discussion, members of Town Council expressed concern that last year’s landscaping was not up to the standard expected. Mr. Clark reported that during a meeting with Mr. Evans concerning the contract he was requested to keep a log of work performed. Town staff will track the work. It was noted that the Marion Garden Club would plant the 18 wooden planters and Mr. Evans will perform all maintenance on them. Mr. Warren moved that the Town award the contract to Evans Enterprise, contingent upon a clause in the contract that failure to perform duties as stated in the contract will result in termination of the same. Mr. Clay seconded the motion. Council approved the motion by a vote of 5 AYES and 1 ABSTENTION (Heath). Messrs Clay, Warren, Leaman, Cregger and Dr. Gates voted affirmatively.

UPDATE OF LEE STREET PROJECT: Mr. Hicks advised that a pre-bid conference on the project would be held on May 10th at 10 a.m. Bids will be received until 2 p.m. on May 19th. Mr. Hicks advised that all except two (2) easements have been secured. No problems are expected with the remaining easements.

UPDATE ON BUDGET PROCESS AND SET TENATIVE DATE FOR COUNCIL REVIEW: Dr. Gates reported that the Budget Committee has met extensively on the 2005-2006 Budget. He stated that after several weeks of working with the budget, there was still a shortfall of $500,000. Mr. Leaman had suggested a 5% decrease “across the board. Upon consideration this was determined to be unrealistic. Several options have been discussed. One option is to suspend funding the Water Escrow and Sewer Escrow Sinking Funds in the amount of $110,000 per year. There is approximately $1.l million dollars in the Water Escrow Sinking Fund Certificate of Deposit. The Committee recommends using the monthly payment for debt service for the Water Treatment Plant project. Another option is to pay the Town’s share of the Campbell Avenue Sewer Project, which is approximately $100,000, from the Sewer Escrow Sinking Funds. Dr. Gates noted other items that have been removed from the agenda, including no paving or concrete work for FY 05-06.

Chief Roberts arrived.

Upon depletion of the retained earnings, there is no way to replenish these accounts. Dr. Gates continued that a proposed Water and Sewer rate increase may be necessary to continue to provide all services to the Town’s citizens. Mayor Helms noted that many upgrades, including the fire station, fire trucks, renovation of the Municipal Building and numerous water and sewer project upgrades have been accomplished in recent years. Upon motion of Mr. Heath, seconded by Mr. Cregger and vote of 6 AYES and 0 NOES, a meeting to review the 2005-2006 proposed budget was scheduled on Wednesday, May 18, 2005 at 5:30 p.m. Council commended the Budget Committee and staff for their efforts toward the proposed budget.

FIRE DEPARTMENT-CONTROLLED BURN: Mr. Clark advised that the Marion Volunteer Fire Department plans to burn a building at the Sewage Treatment Plant as a training project. All preliminary tests, including asbestos detection, have been completed.

FIRE DEPARTMENT-DISCUSSION OF FILING OF INSURANCE CLAIMS ON FIRE CALLS: Mr. Warren stated that the Fire Department has suggested that the Town begin to file claims with insurance companies for fire services. He stated that he discussed the matter with the Fire Chief Jim May and local independent insurance agencies. He further stated that according to the information he received, all policies include this provision and that it can only be billed by the locality. This particular type of claim would not cause the owner’s insurance to increase. The reimbursement would be eligible on all structures in the MVFD service area. It was noted that the only vehicle accidents that may be included are those of Commercial vehicles. Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, this matter was referred to the Ordinance Committee and Town Attorney for study and recommendation. Chief Roberts added that Mr. Fenyk might look at the Code of Virginia concerning DUI accidents. These may also be eligible for reimbursement due to accidents.

LINCOLN THEATRE: Dr. Gates informed Town Council that there will be three (3) rehearsals and 3 subsequent taped programs conducted at the Lincoln Theatre for broadcast on PBS. The first of such programs will be held at the Lincoln Theatre on Saturday, May 7.

ANNUAL DOWNTOWN AWARDS: Mr. Heath stated the Annual Downtown Awards Dinner would be held on May 19 at 120, Inc.

LUAU AT THE LAKE: The Luau at the Lake will be held on May 28 at the Beach at Hungry Mother State Park. This will be the 3rd Annual Luau and will include seafood and Hawaiian food, as well as beach music.

LUNCHTIME ON THE LAWN: Lunchtime on the Lawn is scheduled on each Friday during the month of June.

ADULT ORIENTED STORES: Mr. Heath moved that the Ordinance Committee consider an ordinance regulating adult entertainment retail stores in the Town of Marion. Mr. Clay seconded the motion. Council referred the matter to the Ordinance Committee by a vote of 6 AYES and 0 NOES.

AUCTION ON BROAD STREET: Mr. Heath noted that Tinder Box Antiques would conduct a “Going out of Business” Auction on June 4. Counts Auction will conduct the auction. They requested that Broad Street be closed from Main Street to Court Street from 7 am until 4 pm so that the auction may be held outside. Mr. Warren moved that the request be approved, contingent upon approval of all businesses along this section of Broad Street. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 1 ABSTENTION (Heath).

COUSIN ZEKE RETURNS TO THE LINCOLN THEATRE: Mr. Heath advised that Cousin Zeke, a local radio and community personality from the 60’s and 70’s, would return to the Lincoln Theatre on May 14. Cousin Zeke currently resides in the Roanoke area.

ARBOR DAY PROGRAM: Mr. Helms attended the Arbor Day Program presented by the Tree Board on April 29. He reported that it was a very nice affair.

OLDER AMERICAN’S DAY IN SMYTH COUNTY: Older American’s Day in Smyth County will be held on May 27 at the Smyth County Courthouse Lawn.

TOWN SECTION MEETINGS-VML: The Virginia Municipal League Town Section Meeting will be conducted in Abingdon on May 27. Several members of Town Council will attend.

NATIONAL DAY OF PRAYER: The National Day of Prayer will be held on May 6 at the Smyth County Courthouse.

TOWN ATTORNEY REPORT: Mr. Fenyk reported that he has begun work on the Special Warranty Deed on the Wassum property located near the Water Treatment Plant.

CAMPBELL AVENUE SEWER PROJECT: Mr. Fenyk reported that all necessary easements for this project have been prepared, secured and recorded.

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



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