Minutes of a regular meeting of the Town Council of the Town
of Marion, Virginia held in the Council Chambers of the
PRESENT: Mayor David
P. Helms; Jane Hale, Jim Owens, Dr. James Gates, Suzanne Jennings, Bill Weaver,
and Jim Barker, Council Members; Town Attorney Mark Fenyk; Town
Engineer/Assistant Town Manager
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mrs. Jennings, seconded by Mrs. Hale and vote of 6 AYES, 0 NOES, the minutes of the meeting held August 16, 2010 were approved as written. Messrs Weaver, Owens, Barker, Dr. Gates, Mrs. Hale and Mrs. Jennings voted affirmatively.
Mayor Helms closed the Public Hearing.
Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote
of 6 AYES and 0 NOES, Council approved closing
CONSIDERATION OF SPECIAL USE PERMIT AT 540 S MAIN STREET-KRIS GANDHI PROPERTY FOR BUSINESS AND RESIDENTIAL USE: Mr. Hicks explained that Planning Commission met and recommended that Council grant a Special Use Permit instead of rezoning the property because of the proposed mixed uses for the property. Mr. Hicks added that Council has the authority to proffer conditions to the proposed uses. Mr. Hicks stated that possible proffers should include 1) If the business or special use ceases to operate, the special use is null and void and the applicant will have to re-apply for another Special Use. 2) Property should be fenced as a buffer from any residential adjacent properties. 3) Should dilapidated building at the rear of property be removed? 4) Property outside area should be cleared. 5) Council may also set a completion date for the upgrades to the property. 6) Dr. Gandhi must abide by all State and Federal Laws.
Dr. Gandhi added that he would like to build offices for rent in the front of the building on the first floor and use the back of the building for rental apartments. He stated that his main intention is to improve the building and let it be a revenue producer. He also added that one building in the rear of the property has been removed and the other has been improved.
Mrs. Jennings asked that the lawn and grounds be kept in accordance with the aesthetics of the property and the appropriate landscaping placed on the property due to the location.
Mayor Helms closed the Public Hearing.
Mrs. Hale moved to issue the Special Use Permit, Mrs. Jennings seconded the motion.
Mrs. Hale and Mrs. Jennings rescinded their motions.
Due to the additions of proffers and conditions, Mayor Helms appointed a Special Committee consisting of Mr. Barker and Mrs. Jennings, to meet and report back to Council. Upon motion of Dr. Gates, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, this request was referred to the Special Committee.
PROPOSED LETTER TO UTILITIES REGARDING STUB POLE REMOVAL: Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, this item was continued.
APPROVAL OF THOMPSON & LITTON
RESOLUTION TO RURAL DEVELOPMENT FOR FARMER’S MARKET: Mr. Heath stated that the resolution must be approved in order to obtain financial assistance from Rural Development for improvements to the Farmer’s Market.
RESOLUTION OF GOVERNING BODY OF THE
The governing body of the Town of
BE IT HEREBY RESOLVED that, in order to facilitate obtaining financial assistance through a Rural Business Enterprise Grant from the USDA, Rural Development in order to improve the Farmer’s Market, the governing body does hereby adopt and abide by the covenants contained in the following agreements:
1. “Letter of Conditions”, Dated June 18, 2010
2. Scope of Work
3. Form RD 1942-46, “Letter of Intent to Meet Conditions”
4. Form RD 1940-1, “Request for Obligation of Funds”
5. Form RD 400-1, “Equal Opportunity Agreement”
6. Form RD 400-4, “Assurance Agreement”
7. Form AD 1047, “Certification Regarding Debarment, Suspension, and other Responsibility Matters-Primary Covered Transactions”
8. Form AD-1049, “Certification Regarding Drug-Free Workplace Requirements (Grants)”
9. RD Instruction 1940-Q, Exhibit A-1, “Certification for Contracts, Grants and Loans Regarding Lobbying”
10. SF-LLL, “Disclosure Form to Report Lobbying”
BE IT FURTHER RESOLVED, that the
Town Manager of the Town of
This Resolution, along with a copy of the above named documents, is hereby entered in to the permanent minutes of the meeting of this committee.
I hereby certify that the above
resolution was duly adopted by the Town of
Upon motion of Mrs. Jennings, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, the Resolution was adopted.
SUBMITTAL OF PROPOSAL ON OLD 1908 SCHOOLHOUSE: Mr. Heath explained that one proposal had been received from Joe Ellis. Upon motion of Mr. Weaver, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, Council accepted the proposal submitted by Joe Ellis for the Appalachian School of Music, pending payment of $100, completion of construction on the current CDBG project, and all parties agreeing to legal documents related to the transfer, including the deed which will include provisions for requirements for keeping the building adequately insured and reversion provisions for failure to meet the specific goals, objectives, and timelines as presented. Council will off Ellis’s 501 (c)3 non-profit organization an option for 6 months in exchange for $100, so that his team may begin soliciting grants. The legal work was referred to Mr. Fenyk.
PATRIOTS DAY PROGRAM: Mr. Heath stated that the Patriots Day Program will be at the Farmer’s Market on Saturday, September 11, 2010 beginning at 11:00 am and that the Patriots Day Resolution would need to be approved by Council. Upon motion of Mrs. Jennings, seconded by Mr. Owens and a vote of 6 AYES and 0 NOES, the Resolution was approved.
GARBAGE PICKUP OUTSIDE OF CORPORATION LIMITS: A request was made by residence of
NOTICE OF VIOLATION AT SEWER TREATMENT PLANT: Mr. Hicks stated that he had received a letter from the Department of Environmental Quality warning of violation at the Sewer Treatment Plant that include repair/replacement of the malfunctioned raw sewage pump number 2, making the Bio-Towers pumps number 1 and 2 operational, upgrading of both UV disinfection units and making extensive repairs to the infrastructure on the Bio Tower Unit Number 2. The Town has responded by letters from the Chief Operator and Town Manager. The items still remain outstanding but the Town is working to remedy the problems and realizes that the equipment needs upgrading.
REQUEST TO ADVERTISE FOR CONSULTING FIRM ON PHASE I IMPROVEMENTS AT THE SEWER TREATMENT PLANT: Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, Council approved advertising for soliciting proposals from qualified engineering firms on the design services for the upgrade the Sewer Treatment Plant.
BIDS ON REPLACEMENT OF RAW SEWER INFLUENT PUMPS-SEWER TREATMENT PLANT: Mr. Hicks explained that the low bid is $52,600 from Teater’s Trucking. This amount was approximately $30,000 more than expected. Because of the additional cost, this item was referred to the Finance and Sanitation Committees for review and recommendation. Mrs. Jennings made the motion, seconded by Mr. Weaver. Motion carried by vote of 6 AYES and 0 NOES.
REVIEW OF TRAFFIC IMPACT STUDY FOR THE NEW
Provide a 100-foot east bound left turn lane on
Provide a 100-foot west bound right turn lane
(deceleration lane) on
Provide for separate left turn and right turn
lanes from the hospital access for traffic flow efficiency. Also providing an acceleration lane on to
Signalize the proposed hospital site access with
The intersection of
Minimize signing and vegetation at the proposed
hospital site access as not to restrict sight-distances for traffic egressing the development to
The design of the traffic signalized
intersection at the proposed hospital access and
The proposed entrance from
The “Welcome to
Dr. Gates suggested
the addition of recommendation #11- surface treat entrance to the property at
REQUEST FROM CUSTOM SOLUTIONS ON PROPERTY OFF OF MARKET STREET ON ROUTE 16 SOUTH: Mr. Hicks explained that this request includes re-routing the main sewer line. Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, this item was referred to the Sanitation Committee.
Ms. Fallon Hale, representing Impact International explained that they
would like to hold a Youth Rally/Free Concert at the
SIGNALIZATION PROJECT AND ORDER OF PRIORITIES: Mr. Weaver stated that the Street Committee had met and presented a list with order of priority for the Signalization Project to Council. The Committee recommends that three (3) signals receive a complete replacement and nine (9) signals receive upgrades. The estimated cost is $944,831 and each signal will take no more than forty-five (45) days to complete. Mr. Weaver added that the project should begin as soon as possible since the funds are available. Upon motion of Dr. Gates, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, Council approved beginning the signalization project according to the priority list, but beginning with priority 2 instead of 1.
ANTHEM ADVANTAGE 65 INSURANCE REQUEST: Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, and upon recommendation of the insurance committee, the request was denied.
REQUEST FOR STREET LIGHT AT THE CORNER OF GRAYBEAL AND CATRON STREETS: Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, this item was continued.
THE LINCOLN THEATRE: Mr. Heath stated that in the current budget the Town contributes $58,000 to the Lincoln Theatre, which is approximately 7 times the Gold Level Sponsorship. There is no mention of the Town in the program, no ad, no listing as a programming sponsor, no mention in press releases and no link on the website. Mr. Heath proposes that the Lincoln Theatre consider the $58,000 donation as sponsorship and that the Town should receive, at a minimum: 1) One full page ad in each program, 2) 28 tickets (4x7) to every show, 3) Prominent logo inclusion in press releases, posters, etc. and tagline in all radio spots, and 4) Website link on the webpage.
MT ZION CHURCH REQUEST TO CLOSE IRON STREET: Chief Roberts stated that he had received a
CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711(a.1) and upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, Council entered into Closed Session to discuss personnel matters pertaining to a situation with an employee relating to Virginia Retirement System. Mrs. Jennings moved that Town Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during the Closed Session. Mr. Weaver seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES, Mrs. Jennings, Mrs. Hale, Messrs Weaver, Barker, Owens and Dr. Gates voted affirmatively.
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.