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 March 17, 2008 at 7:00 p.m.

 

PRESENT:  Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Ken Heath, Mark Warren, Herbert Clay, Dr. James Gates and Mrs. Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer’s Assistant Todd Long; Police Chief Michael Roberts; Town Clerk/Director of Finance Dixie Sheets; Police Sgt. Shawn Conklin, Senior Citizen Director Mindy Dyer and Purchasing Agent B. J. Hamm.

 

INVOCATION:  Councilman Warren rendered the invocation.  Mayor Helms led the Pledge to the Flag.

 

VISITORS:  Town Council Candidates Jane Hale and Bill Weaver, Scott Booth, Gilda Powers, Tim White, Charlie Clark, Susan Williams, Elizabeth Iskra, and Bill Huber.

 

MINUTES:  Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on March 3, 2008 were approved as written and distributed.  Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

 

PUBLIC HEARING-CDBG FUNDING-HOUSING PRODUCTION ON MILLER AVENUE:   Elizabeth Iskra, MRPDC, gave a brief explanation of the proposed Miller Avenue Grant for Housing Production.  The project consists of eleven (11) housing units.  Overseeing the construction is Rev. Harry Howell.  There was no public comment.  Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, permission to apply for funding for this project was granted.  Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

 

PUBLIC HEARING-CDBG FUNDING-PEARL AVENUE AND BUCHANAN STREET COMMUNITY REHABILITATION:  Mr. Clark advised that this is the second public hearing for the Community Development Block Grant (CDBG) funding.  An information meeting was conducted at 5:00 p.m. today (March 17, 2008) for the residents of Pearl Avenue and Buchanan Streets.  Grant funding is based upon benefits to low and moderate income persons and/or job creation as the cornerstones and justifications of the project. Thirty-eight (38) units have been targeted.  According to MRPDC Project Manager Scott Booth, the cost estimates for rehabilitation on the 38 units is $918,325.  Additional costs include $91,000 for Rehabilitation Specialists to inspect and $80, 00 for administration.  This will be a multi-year project.  Total project cost is estimated at $1,089,325.  Mr. Booth advised that the application is due next week and awards will be granted in June or July.  There was no public comment.   Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, permission to apply for funding for this project was granted.

 

 

 

UPDATE ON PROPOSED FARMER’S MARKET:  The Town received a $45,000 grant from the Virginia Tobacco Commission for the development and marketing of a pilot project for the Marion Regional Farmers Market.  The Market is set to open on Saturday, May 10.  Local individuals have been contacted and are excited to participate.   Marion Regional Farmers Market Task Force Chairwoman Gilda Powers stated that 18 producers have expressed interest in participating.  She added that a number of consumers have also expressed interest.  Three (3) plan proposals will be presented for consideration.  Upon motion of Mrs. Jennings, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Mr. Heath), this matter was referred to the Building and Grounds Committee to meet with the Regional Farmer’s Market Task Force to discuss proposals. 

 

UPDATE ON WATER TREATMENT PLANT LICENSING AND HEALTH DEPARTMENT LETTER:    Mr. Clark reported that the Virginia Department of Health acknowledged the outstanding efforts of the current water plant staff.  However, VDH also encouraged the Town to actively secure Class I and Class II Operators in order to operate the Plant.  Mr. Clark noted that the current Class III Operator will test for Class II in approximately three (3) weeks. 

 

ACCOUNTS:  Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council approved the accounts in the amount of $610,616.40.  Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

 

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

 

NOTICE OF QUARTERLY MEETING:  The Quarterly Meeting will be hosted by the Town of Chilhowie on March 25, 2008 at 6:00 pm at the Town House Grill. 

 

REQUEST FROM MS. SANDRA PRATER ON CANTON LANE:  Ms. Sandra Prater had requested, by letter, installation of a main water line on one side of Canton Lane due to a large water leak that she has been unable to locate.  A 10’ dedicated easement would be granted to the Town of Marion for six (6) mobile homes.  Six (6) meters and taps will be purchased by Ms. Prater to serve these mobile homes.    Upon motion of Mrs. Jennings, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, this matter was referred to the Water Committee. 

 

SONG OF THE MOUNTAINS:  The 2nd Annual Song of the Mountains Smyth County Celebration will be held June 23-June 29.  Mr. Charlie Clark and Mr. Tim White were present to give an overview of the plans, which include activities in Saltville, Chilhowie, Marion, Davis Valley Winery and Rural Retreat.  WMEV will host live broadcasts of the festivities in each locality, at no cost to the locality.  Mr. Clark and Mr. White plan to have better communication for the week-long event. 

 

RELAY FOR LIFE:  Senior Citizen Center Director Mindy Dyer informed Council that she had met with Messrs Gates and Leaman concerning the plans for the Town of Marion Relay for Life Teams.   The Town’s goal is to raise $5,000 for the event to be conducted at the Marion Track Field on June 13, 2008.   The Marion Team has dedicated its fund-raising effort in memory of Greg Arnold.  Mr. Arnold passed away in December after a brief bout with cancer.   The Town Departments have been divided into teams and each team will have the opportunity to participate in 5 games at a cost of $50 for each team.  Winners of the individual games may win a $25 gas card.    Another fundraiser for the Town of Marion Team is a $1 donation for a chance at free residential garbage pickup in Town for an entire year (a $120 value).  Town Council agreed to this idea. 

 

RIVERVIEW PUMP STATION:   Jeff Spickard reported that an application has been prepared in the amount of $50,000 for replacement of the Riverview Estates Pump Station.  Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the following Resolution was adopted. 

 

 

RESOLUTION

VIRGINIA DEPARTMENT OF HEALTH-DIVISION OF DRINKING WATER

RIVERVIEW ESTATES PUMP STATION REPLACEMENT

 

WHEREAS, the Town of Marion has applied for funding for various water projects in the          Town;

WHEREAS, the Virginia Department of Health-Division of Drinking Water has funded several water projects;

THEREFORE, BE IT RESOLVED, the Town of Marion Town Council hereby votes to           seek funding from the Division for the following project;

 

Riverview Estates Pump Station Replacement    $49,000

 

THEREFORE, BE IT FURTHER RESOLVED, that the Town Manager immediately begin to process funding applications for the project and be authorized to sign any and all documents to accept such funding contingent upon review and concurrence by the Town Attorney.

 

Motion by:_____________________  Seconded by:___________________________

 

Aye:___________________Nay:______________________Absent:_____________

 

This 17th day of March 2008.

 

                                                _____________________________

                                                David P. Helms, Mayor

 

Attest:____________________________

            Dixie O. Sheets, Clerk

RECOMMENDATIONS OF WATER LEAK ANALYSIS ENGINEERING FIRM:    Mr. Clark advised that a grant in the amount of $35,000 was awarded to the Town for the purpose of leak detection, mapping and evaluation of the existing water system.   He reported that three (3) agencies submitted Statements of Qualifications (SOQ’s) for the Town of Marion’s Water System Improvement Study/Leak Detection Analysis.  Mr. Clark and Mr. Hicks reviewed the proposals and recommended Anderson & Associates for the project.   Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Town staff was granted authority to begin contract negotiations with Anderson & Associates. 

 

ADOPTION OF PROPOSED PERSONNEL POLICY:   Town Council was presented a draft copy of the proposed revision of the Personnel Policy on March 3rd and asked to review the document.  Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 6 AYES and 1 ABSTENTION (Heath), the Personnel Policy was approved as presented.  Messrs Hendrick, Clay, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

 

ORDINANCE COMMITTEE ON GRAFFITI CONTROL:  Mr. Clay stated that the Code of Virginia addresses this issue, as does the Town Code, under destruction of property.  Mr. Clay moved that this item be dropped from the agenda.  Mr. Heath seconded the motion.  Council approved the same by a vote of 7 AYES and 0 NOES.   Mr. Heath stated that he would work with the Town Manager and Police Chief on the graffiti problem and removal of that already on property downtown.

 

POLICE COMMITTEE ON MUTUAL AID AGREEMENT:   Chief Roberts recommended approval of the Mutual Aid Agreement.  Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Council agreed to the Mutual Aid Agreement and authorized the appropriate personnel to sign the document.

 

FINANCE AND STREET COMMITTEE ON MONTE VISTA DRIVE:   Mr. Long presented two (2) options to resolve this problem.   Option I would bring the street up to VDOT standards at a cost of $42,825.   Option II would provide a paved surface plus milling material on side streets.  Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee for further discussion.

 

BUILDING & GROUNDS COMMITTEE – REVIEW THE DOWNTOWN BEAUTIFICATION SUGGESTIONS BY ANN NEWMAN:  Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, this item was referred to the Building and Grounds Committee.

 

 VDOT-TEA-21 GRANT:  Mr. Heath reported that the Town of Marion has received $100,000 in grant funds for the Broad Street Streetscape Project, and has applied for additional funding.  He is working with Erica Jeter at VDOT, and will keep Council informed of his progress.

 

NATIONAL MAIN STREET COMMUNITY:  Mr. Heath announced that Marion has again been designated a “National Main Street Community”. 

 

MARION BROCHURES:  It was noted that, at a recent community meeting, that a local businessperson stated that the Town of Marion had no brochures.  Mr. Heath reported that the Town has three (3) brochures.  One is a generic brochure (using old photographs), a Downtown History Walk (Padded brochure), and one that indicates the food and lodging opportunities.  He added that there is also an e-mail blast from Marion Downtown.  This information is forwarded to the Bristol Herald Courier, Wythe News, WTFM, & WJHL.  He added that there are no funds in the budget for design of a new brochure, at this time.  Mr. Clay moved that the current Town of Marion brochures be reordered.  Mrs. Jennings seconded the motion.  Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Heath).

 

PARKING GARAGE AGREEMENT WITH SMYTH COUNTY:  Mr. Fenyk reported that he had been contacted by County Attorney John Tate concerning this matter.  A lengthy discussion ensued.  Dr. Gates moved that the Town Attorney review the Agreement with emphasis on the following:  1) Maintenance responsibility and sharing of revenues; 2) Handicap Parking as required by federal guidelines and storm water drainage; and 3)  Assignment of any grant funds received by the Town to be used toward acquiring the old school building.   A revised copy of the document is given to the County Attorney for review and if changes are to be requested by the County, that Mr. Tate returns to Town Council meeting to present his request.   Mrs. Jennings seconded the motion.  Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Heath). 

 

STREET LIGHT-REQUEST FOR STREET LIGHT ON HOLSTON HILLS LANE-BRENDA BENNETT:  Mr. Clay reported that he had been on that street, in the evening, recently and that the street is very dark.  Mr. Clay moved that the request be referred to the Street Light Committee.  Mr. Heath seconded the motion.  Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Leaman).

 

STREETS-REQUEST BY MARY ANN HUBBLE-KING STREET:  Mayor Helms stated that Mary Ann Hubble requested that the staff evaluate King Street and consider upgrade of the street.  She had suggested the use of milling material during paving season. 

 

SANITATION/FINANCE COMMITTEES:  A joint meeting was requested to discuss settlement of the issue of delivery of sanitary waste to the Sewage Treatment Plant.

 

SPECIAL COUNCIL MEETING TO DISCUSS ESTABLISHMENT OF A COMMUNITY DEVELOPMENT AUTHORITY (CDA):  A special Council Meeting will be conducted on March 31, 2008 at 5:00 pm.

 

SONG OF THE MOUNTAINS-SECOND ANNUAL SMYTH COUNTY CELEBRATION:  Mayor Helms advised that the Air Force Band will perform in Marion at the Lincoln Theatre on June 25.  He suggested that the Town sponsor this event as its part of the week long celebration.  There will be no admission charged.  Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Council approved the same.

 

CLOSED SESSION:  Pursuant to Code of Virginia, as Amended, Section 2.2-3711 (A) (7) and upon motion of Mr. Hendrick, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discussion litigation concerning J. C. Franks case and the Comcast Franchise Agreement.  Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters exempt from Open Session and identified in the motion were discussed during the Closed Session. Mrs. Jennings seconded the request.   Messrs Hendrick, Leaman, Clay, Warren, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

 

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

 

 

______________________________      _________________________________

Mayor                                                              Clerk