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 July 16, 2007 at 7:00 p

COUNCIL 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 July 16, 2007 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Mark Warren, Herbert Clay, Ken Heath, Dr. James Gates (arriving late), and Suzanne Jennings, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm and Town Clerk/Director of Finance Dixie O. Sheets.

INVOCATION/PLEDGE TO THE FLAG: Pastor James Bangle rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Antonio De La Rosa, Rex and Wendy Anders, Pastor James Bangle, Jeff Spickard

MINUTES: Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, the minutes of the meeting held July 2, 2007 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Warren, Clay, and Mrs. Jennings voted affirmatively.

RESOLUTION-RECOGNITION OF PASTOR JAMES BANGLE: Mrs. Jennings was honored to read the following Resolution to honor Pastor James Bangle upon his retirement:

RESOLUTION

A RESOLUTION OF APPRECIATION AND CONGRATULATIONS ON THE OCCASION OF THE RETIREMENT OF JAMES HENRY BANGLE

WHEREAS, Jim Bangle has faithfully served as Pastor of the Ebenezer Lutheran Church for 31 years; and

WHEREAS, Jim has served as President of the Marion Area Ministerial Association for numerous terms; and

WHEREAS, Jim is a Charter Member and President of the Marion Morning Rotary Club, and Assistant Governor of Rotary District 7570; and

WHEREAS, Jim has served and continues to serve his community in many ways, including as a member and Vice-President of the Appalachian Regional Juvenile Commission, as a member of the Board of Directors for Smyth County Community Hospital, as a member of the Board of Directors of Mountain CAP, as an organizing member of Smyth Emergency Assistance, Hospice of Smyth County, and Smyth County Adult Literacy Enrichment; and

WHEREAS, Jim has served as Dean of the Highlands Conference of the Virginia Synod ELCA, as a member and Vice Chair of the Board of Trustees of the Lutheran Theological Southern Seminary, as a member and Chair of the Board of Trustees of the Lutheran Family Services of Virginia; and

WHEREAS, Jim continues to serve as Chaplain of Marion Police Department and the FBI Richmond Division; and

WHEREAS, Jim is well-known as a Sailor of Small Boats, Teller of Tall Tales, part-time Hammock Holder-downer, and one “doggone good harmonica player”;

WHEREAS, Jim continues to bring pride to our entire community through his leadership, his service, and his generous friendship.

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Marion in Regular Session assembled 16 July 2007, that the Town hereby officially congratulates James Henry Bangle upon his retirement from Ebenezer Lutheran Church.

RESOLVED, this 16thday of July, 2007.

SIGNED: ATTEST:

__________________________ ______________________________

David P. Helms, Mayor Dixie O. Sheets, Town Clerk

Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, the Resolution was adopted. Mrs. Jennings presented Pastor Bangle with the Resolution and a key to the Town of Marion.

EXECUTION OF SEWER METER AGREEMENT BETWEEN TOWN AND COUNTY: Mr. Clark reported that an Agreement with Smyth County on sewer meters was executed by Smyth County and the Town of Marion on July 10, 2007 and July 12, 2007, respectively. The main provision is that the two entities will divide the cost between the Atkins and Hungry Mother meters at a cost of $46,792.10. The cost on installation of the Staley Creek meter, which is in stock, but not installed will be paid 50/50 by the entities. All new sewer line additions to the plant will require the county to provide the meter. Mr. Clark expressed disappointment in the recent Smyth County News article with regard to the Sewer Meter Agreement. He stated that the Agreement showed a continued desire for cooperation between the Town and County.

ACCOUNTS: Upon motion of Mrs. Jennings, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, the accounts were approved for payment in the amount of $323,524.66. Messrs Hendrick, Heath, Warren, Leaman, Clay, and Mrs. Jennings voted affirmatively.

INVESTMENTS: No investments were renewed. Upon motion of Mrs. Jennings, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Hendrick, Heath, Leaman, Clay, Warren, and Mrs. Jennings voted affirmatively.

NOTICE OF FUNDING THROUGH TEA-21 PROGRAM: Mr. Heath reported that the Town’s application to the Department of Transportation for Enhancement Program funds was approved by the Transportation Board in the amount of $100,000. The funds will be used to continue Downtown Marion Historic Streetscaping. He is currently working with AEP concerning underground service lines.

NOTICE OF ADDITIONAL VDOT MAINTENANCE FUNDS: It was reported that additional funding will be available to the Town of Marion for highway maintenance. The increase is due to an increase in funding per lane mile for Principal/Minor Arterial Roads and Collector/Local Streets in the amount of $973,568. The total amount budgeted was $943,170 for fiscal year 2007-2008. The increased funding totals $30,298 or a 3.2% increase.

REQUEST FOR MEETING OF THE EQUIPMENT COMMITTEE TO DISCUSS USE OF RECENTLY PURCHASED USED BUSES: Two buses, a 2002 Ford Diesel and a 1999 Ford Diesel, were purchased from District III Governmental Cooperative. The Town Manager requested a meeting of the Equipment Committee to determine the uses for these buses. This meeting will be scheduled in the near future.

WATER TREATMENT PLANT PROJECT: Jeff Spickard presented Town Council with Progress Bill # 14, in the amount of $92,858.72 and stated that the project is 99% complete. He noted that the contractor continues to attempt to repair the seepage on the new sedimentation basin. Mr. Leaman and Dr. Gates expressed concern that the basin continues to leak. Mr. Spickard responded that several attempts have been made to remedy this problem. He also responded that upon completion of the project, Town WTP staff would inspect the basin. However, Lane Engineering would be available to inspect, if necessary. Upon motion of Mr. Clay, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, payment of Progress Bill # 14 was approved.

BULK STORAGE BUILDING: Mr. Spickard stated that the storage building is under construction.

WASHINGTON AVENUE WATER PROJECT: Mr. Spickard informed Council that the proposed start date is 8/4/07.

SANITATION COMMITTEE-REQUEST FROM MS. JO SHULER ON WEST LEE STREET: Ms. Shuler had requested a refund for expenses incurred at 208 West Lee Street for recurring problems with sewage backup from 1997 until early 2007. She contends that the Town had told her, over a period of 10 years that the sewer problem was on her property, not the Town line. She stated in her letter that a total $2,556.07 was paid to replace the line (includes 2 occasions). The Town replaced a portion of the main line early in 2007. She requested a full refund of $2,556.07. During the discussion which ensued, it was noted that Ms. Shuler’s connection is much lower than the main line. Mr. Hicks stated that this is the cause of Ms. Shuler’s continued sewer problem. He added that a portion of the main line required maintenance, approximately 80 feet downstream from Ms. Shuler’s property. The Staff decided to extend new, lower, pipe along her property, hoping that this would help alleviate her continued sewer problems. The staff has previously discussed the sewer connection with Ms. Jo Shuler and the late Mr. Shuler. Upon motion of Mr. Leaman and after review by the Sanitation Committee, it is recommended to deny Ms. Shuler’s request for refund. Mr. Warren seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

CEMETERY COMMITTEE-WILLIAM PETERS SHEFFEY TRUST: Mr. Heath stated that the Town has agreed to mow the property only and that the funds in the trust account could be used for that purpose. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Council voted to accept the William Peters Sheffey Cemetery Trust, provided that there is no objection by the heirs, who will be contacted by letter from Mr. Clark.

FINANCE COMMITTEE-REQUEST FOR ADDITIONAL FUNDS FOR THE SONG OF THE MOUNTAINS: Dr. Gates reported that there was no representative from the Song of the Mountains at the Committee meeting. However, reports, as requested, were sent to the Finance Committee. Dr. Gates moved that the $6,000 budget allocation remain as is and that the Finance Committee will review this request in January and determine, based upon related revenues, if the Town can fund the additional $6,000 requested. Mrs. Jennings seconded the motion. Council approved the same by vote of 7 AYES and 0 NOES.

REPORT ON TV CABLE FRANCHISE RENEWAL: Mr. Fenyk stated that an issue is left open in the proposed renewal agreement. There is a capital building fund for public access channels. A charge, per customer, would be placed upon each cable bill for public access funding, collected by the cable company and remitted to the Town quarterly. Based upon information from Brian Grogan, a TV cable franchise attorney, a monthly fee of $0.50 is the normal charge. Mr. Leaman noted that this is a pass-thru fee and that these funds may be set aside for a large project. The intention is to expand the public access channel programs. Mr. Heath suggested that a request for public input be initiated on TV3 for suggestions to determine the type of programming customers would be interested in. Mr. Leaman moved that $0.50 be assessed to each customer, monthly, and that negotiations begin to renew the franchise. Mr. Clay seconded the motion. Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Heath). Messrs Hendrick, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

Mr. Hendrick asked that the Committee also discuss that TV5 pre-empties other NBC stations with local news programming. He would like to see the Roanoke and Bluefield news on occasion.

REPORT ON TELEPHONE FRANCHISE RENEWAL: This item was continued to allow Town Council to review the proposed franchise renewal agreement prepared by Mr. Fenyk.

STREET COMMITTEE-REQUEST FROM ANTONIO DE LE ROSA CONCERNING LOTS OFF OF COUNTRY CLUB ROAD: Mr. Hendrick reported that the drain pipe, in question, takes water and disperses it onto Mr. De Le Rosa’s lot. There is a natural drain to that area. Mr. De Le Rosa has cleared the property and plans to construct a home on the lot. It was noted that this is private property. He has requested that the Town help remedy the problem. Mr. De La Rosa noted that he has purchased several properties and is in the process of determining which lot upon which he plans to construct a home. Mr. Hendrick moved and the Street Committee recommended that the request be denied. The motion was seconded by Mr. Clay and the motion carried by a vote of 4 AYES and 3 NOES (Hendrick, Jennings, and Heath).

Mr. De La Rosa stated that according to the deed for the subdivision that a right of way was granted to the Town of Marion, AEP and Telephone Company to construct, operate and maintain utility lines on the property. He requested to work with the Town to resolve this problem. Town Engineer Cecil Hicks stated that removal of the pipe would allow for “sheet flow” and would continue to spread over the same area, due to the natural drain pattern. The problem could be corrected if the sheet flow is directed to run over a rip rap ditch or pipe it to the ditch. Another problem could arise if the water is piped to the drain. The area is laden with rocks and digging a ditch could become very expensive. Mr. Hendrick stated that to fix the problem a manhole should be installed on Riverview/Golfview Drive, water piped to Country Club Road to a manhole, bore under Country Club Road and pipe the water to the river. Mr. Hicks noted that the sub-division ordinance does not allow the Town to assist developers.

Mr. Leaman moved that the Town staff work up an estimate to assist Mr. De La Rosa with different scenarios to remedy his problem with the drain pipe. He added that the same offer would be made to Mr. De La Rosa as was extended to Mr. Sullins, owner of the adjoining lots. Mrs. Jennings seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

STREET LIGHT COMMITTEE: Mrs. Jennings reported that the Committee met with AEP representatives to obtain a cost to complete the upgrade of the street lights (140 lights). The AEP representatives stated that they would prepare a contract and will honor the $45 per light fee quoted last year ($6,030).

REPORT FROM REAL ESTATE COMMITTEE ON CONTRACT HELP: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, it was decided that department heads may not seek an outside contractor without the knowledge and approval of the Town Manager. Messrs Hendrick, Clay, Heath, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

CHILI TEAM: Mr. Heath reported that the Town will have one team in the Chili Competition on July 20^th.

DOWNTOWN DAYS: Mr. Heath reported that Downtown Days! will be celebrated from July 20 – July 22.

MOTOWN DOWNTOWN: Motown Downtown! will be held on Broad Street on August 3 from 6 pm – 10 pm.

LUAU AT THE LAKE: Luau at the Lake, sponsored by the Marion Volunteer Fire Department, will be held at Hungry Mother State Park on August 18 from 6 pm to 10 pm. The gate fee is $5. Food will be available at a separate charge.

TOWN OF MARION STAFF PICNIC: The Town Picnic will be held at the Riverbend Park shelter on Friday, August 24 at noon.

DILAPIDATED HOUSES: Mr. Heath stated that there has been little progress in this area. He noted that the Building Maintenance Code could be applied. Discussion ensued. Mr. Clark stated that the Town should be more active in funding for rehabilitation of property thru CDBG and any other source. He added that funds will be available for the Pearl Avenue and Spruce Street Rehabilitation within the next 2 years.

Mayor Helms stated that this problem is wide spread and is an agenda item for the Annual VML Conference Town Session meeting to be held in October in Williamsburg, VA. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Hendrick), Council again voted to review this problem in the Ordinance Committee with Mr. Todd Long and Mark Fenyk to prepare proposals to remedy this situation.

CONDOLENCE AND LETTER OF APPRECIATION TO THE FAMILY OF JOHN CAMPBELL: Mr. Leaman stated that John Campbell, a resident of Gilman Street, and valuable member of the Citizen’s Committee during the Gilman/Chilhowie Street Rehab Project, passed away recently. He requested that a letter be mailed to his family expressing the Town’s appreciation for his help on this very difficult project.

TREE CUTTING ON RIGHT OF WAY: Mr. Warren stated that a large oak tree located in the Town’s right-of-way was cut down at a citizen’s request and cost of cutting the tree was paid 100% by the citizen. Mr. Clark obtained a signed confirmation from the contractors that the tree was diseased. Mr. Warren expressed concern that a citizen may cut down a tree on the Town right-of-way. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 6 AYES and 1 NOE (Leaman), Council voted that prior to cutting down trees on the Town’s right-of-way; permission must be obtained from the Town Manager. At his discretion, the Town Manager will contact the Tree Board for a final determination.

COMPLAINT CONCERNING THE MANHOLE ON S. CHURCH STREET NEAR CHERRY STREET: A citizen complaint has been received concerning a manhole located along side of S. Church Street. This item was referred to the Insurance Committee for study and recommendation.

TOWNS AND COUNTY QUARTERLY DINNER: Mayor Helms reminded Town Council of the Town and County Quarterly meeting to be held at the Garden Party Café located on East Main Street on Monday, July 23, 2007 at 6 p.m.

NEW LOCATION OF THE MARION POLICE DEPARTMENT: Mayor Helms appointed Dr. Gates and Mr. Warren as a Special Committee to meet with the Police Chief and Mayor to determine any issues or needs that should be addressed prior to the Police Department relocation to the building on South Main Street.

OLD MILL PROPERTY RENT: Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was referred to the Real Estate Committee for study and recommendation. Mr. Hicks and Mr. Bob Mason were also to be invited to this meeting.

RESIGNATION OF POLICE OFFICER: Chief Roberts stated that with the resignation of Officer Tom Chapman and having not filled the position of Alex Cox, he requested permission to advertise for police officers. He added that now that counties must provide special retirement to deputies, there may be some effect on localities concerning loss of officers to county positions. Chief Roberts was granted permission to advertise for police positions, however, it is to be determined if one or two officers would be hired.

POLICE-REPORT ON RECENT BREAK-INS: Chief Roberts informed Town Council that the Town and Smyth County have experienced a number of break-ins in recent weeks, including the Town Pool. He added that three (3) juveniles have been arrested for these crimes.

CITY CAB COMPANY: Chief Roberts stated that Stacy Smith, owner of City Cab, has informed him that he will be closing this business.

RED BIRD CAB: Chief Roberts advised that Willis Widener, co-owner of the Red Bird Taxi Service, passed away this week.

DESTINATION IMAGINATION TEAM: A note of appreciation to the Town Council for their financial support was acknowledged.

WEE READ PROGRAM: Mrs. Sara Jennings sent a note of appreciation to the Town Council for funds budgeted for the Wee Read Program. The funds have already been dispersed.

CLOSED SESSION – Upon motion of Mr. Hendrick and pursuant to Code of Virginia, as Amended, Section 2.2-3711 to discuss Letter from Health Insurance Company and Impacts Town Council entered into closed session. Mr. Heath seconded the motion, which carried unanimously. Mr. Hendrick moved to return to Open Session and that only those matters exempted from Open Session were discussed during the Closed Session. The motion was seconded by Mr. Heath and approved by a vote of 7 AYES and 0 NOES. Ms. Sheets polled the Council members on the vote. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

Following the Closed Session, Mr. Clark was directed to schedule a meeting with VML Insurance Representative Walt Norman at his earliest convenience.

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

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Mayor Clerk