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
Helms; Dr. James L. Gates, Jane Hale, Mel Leaman, Mark Warren, Bill Weaver, and
Eugene Hendrick, Council Members; Town Manager John E. B. Clark, Jr.; Town
Engineer/Assistant Town Manager Cecil Hicks; Town Attorney Mark Fenyk;
Community & Economic Development Manager Ken Heath; Police Chief Michael
Roberts; Police Lt.
INVOCATION/PLEDGE TO THE FLAG: Mr. Warren rendered the invocation. Mayor Helms led the Pledge to the Flag.
VISITORS: Andrea Dennison, Joe Rogers, Debbie Rogers, Tanya Billings, James R. Billings, Tim Oakes, Emily Raber, B. J. Oakes, Tracy Lewis, Adam Lewis, Shelia Glenn, Tanner Glenn, Katie Dishner, Nick Groseclose, Kim Langston, Ella Kegley, Willie McFarlane, Doug McFarlane, Alan Morgan, Corey Morgan, April Morgan, William E. Thompson, Olivia Sawyers, David Sawyers, Demetry Sawyers, Henry Evans, and Andy Blevins.
MINUTES: Mr. Weaver corrected the minutes to read that Arbor Day will be observed on April 24, 2009. Upon motion of Mr. Weaver, seconded by Mrs. Hale and vote of 6 AYES and 0 NOES, the minutes for the meeting conducted on April 6, 2009 were approved as corrected. Dr. Gates, Mrs. Hale, Messrs Leaman, Hendrick, Weaver, and Warren voted affirmatively.
MINUTES-SPECIAL CALLED MEETING: Mr. Warren moved that the minutes of a Special Called Meeting, conducted April 13, 2009 at 5:30 p.m., to discuss matters of redistributing funds allocated for the South Main Street Widening and Drainage Project be approved. Mr. Weaver seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Dr. Gates, Mrs. Hale, Messrs Leaman, Hendrick, Weaver and Warren voted affirmatively.
REQUEST FOR A SPECIAL USE PERMIT FOR HOME OPCCUPATION BY
Several citizens spoke for and against the request. Mr. Billings responded to the matter of children playing in the street. He stated “those are my children” not the ones that attend the daycare. He and his wife have four (4) children. He noted that there are several businesses within a block of his home. The Billings’ have applied for a state license to host a daycare facility but were informed, on this date, that anyone who has a Special Use Permit could not hire additional help. Any helper must be a resident of the home. Therefore, based upon state regulations, only five (5) children may be kept. Mrs. Billings stated that she is currently caring for 10 children with one hired assistant.
Joe & Debbie Rogers, adjacent property owners, had not
had the unfortunate situations of the other neighbors. He added that they are in support of a
neighbor who wishes to operate a business as long as it is legally
permitted. He stated that he had no
problem with children in his yard; however, according to the
RESOLUTION OF RECOGNITION-MSHS STUDENTS: Upon motion of Mr. Weaver, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, the following resolution was presented to each of the MSHS students who responded to the bus incident. Mayor Helms read each resolution and presented them to Andrea Dennison, B. J. Oakes, Corey Morgan and Demetry Sawyers.
A RESOLUTION IN RECOGNITION FOR LOCAL STUDENTS FOR ASSISTING BUS DRIVER EDDIE FOSTER
WHEREAS, on the morning of Wednesday, April 1, 2009, Eddie Foster was driving his regular route between Marion Senior High School and the Smyth Career and Technology Center; and
WHEREAS, enroute, Mr. Foster suffered a medical emergency; and
WHEREAS, four students – B.J. Oakes, Andrea Dennison, Corey Morgan, and Demetry Sawyers, utilized skills, training, and education to safely steer the bus to the shoulder, stop the bus, evacuate the students, summons emergency assistance, and provide first aid to Foster; and
WHEREAS, the students took command of the emergency and brought the situation to safe a resolution for all involved.
NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Marion in Regular Session assembled 20 April 2009, that the Town hereby officially commends Demetry Sawyers, B.J. Oakes, Andrea Dennison, and Corey Morgan for exemplary courage and leadership.
RESOLVED, this 20th day of April, 2009.
David P. Helms,
Following the presentation, B. J. Oakes stated that Mr. Eddie Foster, the bus driver, was responsible for getting the bus off the road and responsible for the safety of all on board the bus. He said “Thank you” to Mr. Foster.
SPECIAL PRESENTATION-TRANSDOMINION EXPRESS: The Town’s representative on the
TransDominion Express Committee, Mr. W. E. Thompson, reported to the Town that
Segment 1 of the plan has been implemented to study the Amtrak to
COUNCIL ACTION ON SPECIAL USE PERMIT REQUEST: Dr. Gates stated that it has generally been
the practice to deny requests for Special Use Permit when there is opposition
from the neighborhood. Mr. Hendrick
noted that the business has operated for a year and a half with no complaints. Mr. Clark advised that this meeting is a
result of the actions of the
1) That all Town ordinances, State and Federal laws be observed in general, and that the Town regulations concerning land use, signs, storm water management and on-site parking be observed in particular.
2) That any changes in ownership of the property, residency of the applicant, change in apartment or material change in the nature of the business would invalidate the special use permit.
3) That all childcare performed at the home be confined to the interior of the residential structure except when children are to play outside which the play area will be determined by a fenced in area for protection and safety of the children.
4) That no on-site advertising be visible from adjoining property or street or located anywhere on site of the residents.
5) That the business continues to meet the definition of Home Occupation (Section 210.51 An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display and not more than one person is employed, other than members of the family residing on the premises; professional offices such as medical, dental, legal, engineering and architectural offices conducted within a dwelling by the occupant.) in the Town’s Zoning Ordinance.
Mr. & Mrs. Billings are required to obtain a Town of
UPDATE ON AGREEMENT AT
For the water projects, the Town has applied for
approximately $60,000 for tank repainting and $163,500 for a water line
replacement project along
REPORT ON BIDS FOR TEMPORARY, SEASONAL AND COMMERCIAL LEASE
OF THE TOWN’S PROPERTY LOCATED BETWEEN NORTH MAIN STREET AND MIDDLE FORK OF THE
HOLSTON RIVER: One bid was received to
lease the property located between
Her bid for the lease from April 27, 2009 to September 12, 2009 was $160. Upon motion of Mr. Warren, seconded by Mr. Weaver, and vote of 6 AYES and 0 NOES, Council accepted the bid. Dr. Gates, Mrs. Hale, Messrs Leaman, Hendrick, Weaver and Warren voted affirmatively.
ACCOUNTS: Upon motion of Mr. Weaver, seconded by Mrs. Hale, and vote of 6 AYES and 0 NOES, the accounts in the amount of $746,808.14 were approved. Dr. Gates, Mrs. Hale, Messrs Leaman, Weaver, Warren and Hendrick voted affirmatively.
INVESTMENTS: Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the Investment Report was approved as presented.
NEW IRS MILEAGE REIMBURSEMENT: According to the Internal Revenue Service, a standard mileage rate for the cost of operating a personal car for business use is 55 cents per mile. Council had previously decided that the Town would adhere to the rate as set by the IRS. Further, when attending a function on behalf of the Town, prior permission must be attained before using a private vehicle and only if no Town owned or rental vehicle is available for use.
REQUEST FROM FIRST FRUITS-TOWN MANAGER: Mr. Clark reported that he has been advised
that First Fruits Beverage Company, LLC will be creating up to 75 new jobs over
the next three year period. They have
requested assistance in upgrading the water line from a 4 inch to a 6 inch line
to insure property sprinkler flow in case of a fire. The change would also allow a more rapid flow
to the facility. The facility will be
located in the former
APPLICATION OF ATMOS ENERGY-ATTORNEY: Council was advised that Atmos Energy Corporation has filed for an increase in its annual revenues of approximately 3% for gas service effective May 1, 2009.
AWARD FROM HEALTH DEPARTMENT FOR WATER TREATMENT PLANT-TOWN
MANAGER: The Virginia Department of
Health Office of Drinking Water has awarded the Town of
STIMULUS MEETING ON EMERGENCY SERVICES-COMMUNITY DEVELOPMENT
DIRECTOR: Mr. Ken Heath, Mr. John
Clark, Police Chief Roberts and Mr. B. J. Hamm attended the Stimulus Meeting on
April 20, 2009. Mr. Heath reported that
there may be some Homeland Security Grants to assist in purchase of air packs
for the Fire Department. He noted that
EARLY DELIVERY OF STREET SWEEPER: Mr. Hamm reported that notice has been received that the sweeper could be delivered to the Town sometime in the week of April 27, 2009. If the Town accepts early delivery of the sweeper, Carolina Industrial Equipment would honor the payment agreement of July 2009. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Council agreed to accept delivery of the street sweeper with the stipulation that payment be made the first week of July 2009 and training commence upon arrival of the sweeper.
Dr. Gates, Mrs. Hale, Messrs Leaman, Weaver, Hendrick and Warren voted affirmatively.
REQUEST FROM DESTINATION IMAGINATION: MSHS Destination Imagination members, Nick Groseclose, Henry Evans, Katie Dishner, Tanner Glenn and (not present) Mary Briggs Graham, have again qualified, for the 7th time, to compete in globals for Destination Imagination. The cost to attend is $5,000. Dr. Gates moved that the request be referred to the Finance Committee. Mr. Warren seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
Section 3.09. Salary of Transferred Employee. Transfer is defined as the assignment of an employee from a position in one class to another position in the same class or to a position in another class with the same salary range. The salary of an employee shall be changed because of the transfer.
The salary of an employee, who is moved to a lower classification because of reorganization or because of a lack of work or funds, shall be adjusted according to the procedure as described in Section 3.08.
Section 3.12 (E) Reduction in Pay. Second paragraph. The salary of an employee, who is moved to a lower classification because of reorganization or because of a lack of work or funds, shall be adjusted according to the procedure in Section 3.08.
Section 5.04 (B) Payments for Overtime Work. Under the FLSA regulations, overtime will be paid to eligible employees for all hours over 40 worked during any given workweek. Holidays, vacation and sick leave shall not be counted as time worked for the purposes of computing overtime.
Mr. Weaver moved that the changes in wording within the Personnel Policy be approved as presented. Mrs. Hale seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
REPORT FROM STREET COMMITTEE ON 2008-09 SPRING PAVING SCHEDULE: This item was continued.
BUILDING & GROUNDS – COMMUNITY GARDEN REQUEST BY PROJECT CROSSROADS: Upon motion of Mr. Warren, seconded by Mrs. Hale and vote of 6 AYES and 0 NOES, this item was continued.
FIRE COMMITTEE REPORT:
Dr. Gates reported that he met with a member of the Chilhowie Fire
Department to discuss their system of billing insurance companies for fire
calls to structures, lots, or accidents.
This matter will require further discussion. Dr. Gates moved that the Town send a letter
BUDGET PREPARATION FY 2009-2010: Mr. Clark reported that there is a net loss of $70,000 for the Comcast Business License. The Town’s franchise attorney, Brian Grogan has advised that Comcast owes the tax, while Comcast contends that they do not. This has not been paid for two (2) fiscal years. Mr. Fenyk was asked to contact Mr. Grogan concerning this matter.
DEER PROBLEM: Mr. Weaver stated that complaints are being received concerning the increased deer population in town and the problem with them eating shrubs, flowers and gardens. Dr. Gates stated that one option is a controlled hunt. Mr. Fenyk advised that the Town Police may obtain a permit from the State. Mr. Leaman asked that the Town work with game officials on this matter. Mr. Hendrick stated that the Game Commission will not trap and relocate deer but will grant controlled hunt permits.
Dr. Gates stated that the ratio of participation in the recreation program is 65% County and 35% Town. The County contributes $15,000 to the Recreation Department. Dr. Gates advised that he will again go to the County to request an increase in their allocation to the Recreation Department based upon the ratio of county participants.
STUDENT GOVERNMENT DAY: Student Government Day will be conducted on April 23.
ARBOR DAY: Arbor Day
will be celebrated in
TOWN SECTION MEETING IN VINTON: Mayor Helms advised that the Town Section
Meeting will be conducted in
TOURISM VOLUNTEER TRAINING: Mayor Helms reported that the Tourism Volunteer Training appears to be going well.
HAZARDOUS MATERIALS: Mayor Helms stated that he had been approached about the Town hosting an event for citizens to dispose of hazardous materials, such as, oil, paint cans, etc. Mr. Clark was asked to have staff investigate what would be required to conduct such an event.
FREEDOM OF INFORMATION ACT:
Mr. Fenyk stated that, as required by the
RECYCLING AT THE FARMER’S MARKET: Mr. Heath reported that the Farmer’s Market will have someone there to accept farm plastics for recycling one Saturday and another Saturday they will accept “E-waste” to recycle cell phones, VCRs, etc.
NEW BUSINESSES: Mr.
Heath advised that Pizza Plus will be relocating to the former
DEPARTMENT OF CRIMINAL JUSTICE: Lt.
Lt. Moss also applied for a CDBG grant to purchase equipment. The grant is in the amount of $4,820 with a $536 Town match. Upon motion of Dr. Gates, seconded by Mr. Weaver and vote of 6 AYES and 0 NOES, Council approved the Town’s $536 match for this grant.
Lt. Moss thanked Ken Heath for his assistance in the Chief’s Law Enforcement Challenge Grant and on other grant preparation.
BUDGET MEETING: A budget meeting will be conducted at 9:00 a.m.,
April 29, 2009. The Recreation Department, Police Department and MLSC will be present to discuss their respective budgets.
RECREATION COMMITTEE APPOINTMENTS: Upon motion of Dr. Gates, seconded by Mrs. Hale and vote of 6 AYES and 0 NOES, Ms. Jill Robinson and Mr. Bobby Gilbert were reappointed to the Recreation Advisory Committee.
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.