COUNCIL MEETING MINUTES
August 2, 1999
Minutes of the Town Council meeting of the Town of Marion, Virginia held at the Recreation Department Building, 100 Chilhowie Street on August 2, 1999 at 7:00 p.m.
MINUTES: Mr. Mutter asked that the minutes reflect that Main Street should be cleaned twice weekly, during off hours. With this change noted and upon motion of Mr. Mutter, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Mr. Helms, Mr. Mutter, Dr. Gates, Mr. Leaman, Mr. Hendrick, Mr. Burkett, and Mr. Price voted affirmatively.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and Mayor Guy led the Pledge to the Flag.
VISITORS: Debra Hayes, Ted Hayes, Corliss Bradfoy, Barbara Steele, Gary Peacock, Suzanne Jennings, Joanne Groseclose, Keith Hungate, Joe Ailer, Roger Cooper, Doug Covington, Ken Heath, Sharon Goode, Henderson Graham, Bob Ramsey, J. R. Nelson, Pamela Hayes, Debbie Overbay, Bill Buchanan, Ernest Aker, Shirley Spencer, Russell Hauver, Mike Miller, Richard Alford, Rosemarie Boyd, Ann Jackson, Robert Jackson, Brenda Jackson, Roselyn Graham, Melissa Lee, Pamela Boyd, Alice Freeman, Mike Jackson, Cindy Yette.
JOINT COUNCIL/PLANNING COMMISSION PUBLIC HEARING ON ZONING OF THE LIFETIME HEALTH AND FITNESS CENTER: Smyth County Community Hospital requested that a parcel of property located on Radio Hill Road be rezoned from R2 to Medical Arts for the purpose of developing a health and fitness center. The request was initially for a Special Use Permit. It was recommended by the Marion Planning Commission to rezone the property to Medical Arts. Mr. Booker read the recommendation with conditions proffered by the applicant, Smyth County Community Hospital . The conditions are: 1) That all Federal and State laws, along with all local ordinances be obeyed in general, and that Town ordinances pertaining to land use, noise, drainage, signs and parking be followed in particular. 2) That all water service to this facility be metered. 3) That the owner upgrade Radio Hill Road to acceptable Virginia Department of Transportation Standards from Francis Marion Lane to the site entrance of the facility, and will recap the existing Radio Hill Road full width, from Dogwood Lane to Francis Marion Lane, prior to occupancy. 4) That the owner will dedicate for public use sufficient right of way from Francis Marion Lane to the northern most boundary of the property at a cost to the Town of Marion of one dollar ($1). The owner will provide the legal description dedicating this right of way to the Town and the Town will be responsible for recording this dedication. 5) That the owner will keep public streets clean of dirt, dust, and debris related to construction of the project, and will repair damage to Town infrastructure caused by the project's contractors related to construction of the project excluding normal wear and tear. 6) That Zoning shall revert to its current zoning if there is no substantial construction on this project within 12 months of the rezoning. Several members of the Planning Commission were in attendance. Chairman Ernest Aker stated that the Planning Commission dealt with the rezoning issue only and that conditions would be determined by Mr. Booker, Mr. Hicks and the Street Committee. Also in attendance was the Task Force for the project. Task Force Chairman Suzanne Jennings, and members Gary Peacock, Joanne Groseclose, & Keith Hungate spoke in favor of the rezoning and request for assistance from the Town on upgrade of Radio Hill Road. It was noted that these are two separate issues. Dr. Graham stated that it was his understanding that the Planning Commission would meet with Dewberry & Davis and work out details on conditions. The Planning Commission did not consider the $33,000 request from SCCH to upgrade the Road. Members of the Marion Planning Commission, Alice Freeman, J. R. Nelson, Bob Ramsey and Ernest Aker agreed that only the matter of rezoning or issuance of a Special Use Permit was discussed by the Commission. They were not aware of the conditions placed on the request. Mrs. Freeman expressed concern that the retention pond has a great deal of water in it. She suggested that the area be fenced for safety reasons. Ron Ailer, Dewberry and Davis Manager, explained that this is a temporary situation to allow filt to settle during construction. At completion, only water of that day will be in the retention pond. Mrs. Freeman asked that the Town Engineer revisit the retention pond at the end of construction. Several motions were made and withdrawn. Mr. Hendrick moved that the parcel be rezoned to Medical Arts with conditions as typed. The motion was seconded by Dr. Gates and carried by a vote of 6 AYES and 1 NOE (Leaman). Mr. Leaman expressed concerns about conditions placed on the rezoning and that the matter of the road should be referred to the Street Committee. Mayor Guy referred the matter of Radio Hill Road upgrade to the Street Committee for consideration.
Mr. Price asked that the contractor be instructed to clean up the construction site as agreed in the contract.
PUBLIC HEARING TO AMEND THE CODE OF MARION TO INCLUDE - 1) A PENALTY OF $100 PER OCCURRENCE FOR BLOWING OF TRAIN WHISTLES OR HORNS IN THE CORPORATE LIMITS OF MARION, VIRGINIA DURING CERTAIN SPECIFIED HOURS, AND 2) PROVISIONS TO PROHIBIT RAILROAD TRAINS FROM BLOCKING THE PUBLIC ROADS IN MARION, VIRGINIA FOR PERIODS IN EXCESS OF FIVE MINUTES, EXCEPT UNDER SPECIFIC, ENUMERATED CONDITIONS: Continued to Public hearing set for August 16, 1999.
REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION - 130 PARK BOULEVARD: Upon motion of Mr. Burkett, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, this item was continued.
IRON STREET PARKING: Town Council has been studying the parking problem along Iron Street. It had been suggested to erect "No Parking" signs on both sides of the street with exceptions for two residences that do not have parking space. Several members of the Mt. Zion Temple Church were present to voice opposition to this recommendation. Richard Alford, Mike Jackson, Cindy Yette, and Melissa Lee explained that most of the parking is during church services and during inclement weather. They explained that the lot located near the church belonged to Bill Thompson and not to the church. It was noted that the ban on parking in the area is being considered as a safety measure. Only one vehicle may pass when cars are parked on both sides of the street, fire and rescue vehicles would be unable to pass and it is dangerous to pedestrians. Complaints that mail service is hampered and driveways of residents have been blocked have also been received. Those in opposition to the ban on parking asked if all areas of town are being considered. Mayor Guy advised that the Town is looking at several areas of Marion for the same hazardous problem. Ms. Yette stated that the area is dangerous because of speeding by vehicles. It was noted that several attempts have been made to meet with Rev. Turner and he has been unable to do so. Mayor Guy requested that a delegation from the church meet with the Street Committee. Contact person for the church will be Melissa Lee. Chief Overbay stated that he investigated the site on Sunday, as well as other churches, and parking during church time is worse in other areas of Town than on Iron Street. This matter will be referred to the Street Committee and a meeting will be scheduled with a Mt. Zion Temple Church Committee and the Street Committee.
BUDGET AND FINANCE COMMITTEE - REVIEW OF STREETSCAPE BIDS: Mr. Burkett reported that bids for the Streetscape were $106,000 over the estimate. Mr. Burkitt moved that the low bid be awarded to Ken Construction in the amount of $ 373,000 and that the overage be obligated from Community Development Funds. The motion was seconded by Mr. Helms and carried unanimously. Mr. Burkett, Mr. Helms, Mr. Leaman, Mr. Price, Mr. Mutter, Mr. Hendrick, and Dr. Gates voted affirmatively. Ken Heath advised that ground breaking will be held August 13, 1999.
CONCRETE AND PAVING BIDS: Mr. Hendrick moved that the concrete bid be awarded to Ken Construction, Lebanon, Virginia in the amount of $121,673.50 and that the paving bid be awarded to W-L Construction in the amount of $198,288.16. The motion was seconded by Mr. Helms and carried by a vote of 7 AYES and 0 NOES. Mr. Hendrick, Mr. Helms, Dr. Gates, Mr. Price, Mr. Mutter, Mr. Hendrick and Mr. Burkitt voted affirmatively.
WATER COMMITTEE-REPORT ON SMYTH COUNTY'S REQUEST TO USE SPRING WATER TO SERVE THE HUTTON BRANCH SYSTEM: Committee will meet 8/4/99. This item was continued.
CEMETERY COMMITTEE: Mr. Mutter advised that the Cemetery Committee has met to consider complaints about the care of the cemetery. Mr. Booker informed Council that Roy Burke, Director of Public Works, has submitted a plan to upgrade service to the cemetery. He suggested to sell or trade the backhoe and purchase a 4-wheel drive backhoe. New steps have been formed and poured in the center of the Cemetery. The Town has a tamping machine and will use it on graves after filling to avoid sinking. Tarps have been ordered to place dirt and sod on when excavating a grave. Sod will be cut, saved and replaced on grave sites. He added that in order for the Town to re-set monuments, additional equipment must be purchased. Mr. Hendrick presented photographs of areas of concern in the cemetery. The area in most urgent need of attention is the "old" or "top" section of the cemetery. Staff was urged to fill and clean the area immediately following the burial or if inclement weather, at the earliest possible date. This includes any necessary hand work. Mr. Leaman asked that staff inquire as to the Town's liability if it begins to re-set monuments. Mr. Burke had informed the Committee that he currently has one full time employee and two part-time employees working in the cemetery. Mr. Helms suggested that a plan should be developed that when temporary employees are assigned to the cemetery and mowing does not need to be done, they should attend to other areas of the cemetery, such as, painting and patching roads. Mr. Mutter stated that the Town may want to consider sub-contracting the maintenance of the cemetery and opening and closing graves. Staff was requested to obtain charges by others to open and close graves. The Committee stated that Mr. Burke had informed them that at times he did not have enough help in the cemetery. Dr. Gates asked that staff determine how long it takes to mow and trim the entire cemetery.
SMYTH ENTERPRISE CENTER: Mayor Guy reported that Glenna Bullins has been hired as an Administrative Assistant and a portion of the second floor of The Center Building has been remodeled to accommodate up to five (5) businesses. Bids have been requested for computers and office furniture. It is expected that the Enterprise Center will be operational by October 1. Mayor Guy noted that this is a joint effort between the Town of Marion, Chilhowie, Saltville, Smyth County, and the Smyth County News & Messenger.
BUDGET 1999-2000: Mayor Guy expressed appreciation to Mr. Booker for the 1999-2000 Operating Budget. Members of Town Council each received a copy in the preparation packet.
FIRE STATION: Mr. Price asked when Associated Contractors may expect payment for their most recent billing. Mr. Booker advised that he and Cameron Wolfe had gone over the bill and it will be paid August 16, 1999, with the regular account payments with exception of liquidated damages.
FIRE STATION PARKING LOT: Mr. Price asked if the Town will be meeting the Code on parking when the BRJC begin using the parking lot. Mr. Hicks answered that if the BRJC and Fire Department had functions at the same time, we would be in violation.
INSURANCE PREMIUMS - RETIREES: An insurance meeting will be scheduled to discuss the premium amount for health and dental insurance for retirees. They currently pay 100% and the rate has increased to $241.31 for single and $623 for family coverage. Mr. Hendrick stated that the Town is pursuing costs for a fully funded plan or entrance into a consortium of other localities. Mr. Mutter asked why the Town was not aware of the increase until after the budget had been prepared. Mr. Booker advised that the plan year begins on 8/1 and that the actuarial study results are sent to the Town approximately 30 days prior to the renewal date. Mr. Mutter suggested that the Town consider changing the renewal date so that any increase may be discussed during budget preparation.
RIVERBEND PARK: Mr. Hendrick stated that another summer is nearly past and no progress has been made on RiverBend Park. Mr. Booker advised that plans are still with Hill Studios and he will contact them concerning this project.
NOISE ORDINANCE-TRAIN WHISTLES-SOUND METERS: Chief Overbay recommended the purchase of Model 269 Sound Meter at a cost of $1,075.50 from Vallen Safety Supply of Kingsport, TN. This meter will be used in regard to train whistles, radios/stereos in vehicles, and other areas as required. Mr. Helms asked that officers be trained in the use of the equipment and that citations be issued as violations occur.
ADELPHIA CABLE COMPLAINTS: Barbara Steele, Iron Street resident, complained that she is unhappy with the TV cable service. She cited that stations are not clear, many stations are the same and at times she is without cable entirely. Mr. Mutter advised that due to the upgrade being performed by Adelphia, the cable service will be interrupted from time to time. Mr. Helms asked that the Town be certain that Adelphia is fulfilling their contract. Mayor Guy and Henry Booker will contact Regional Manager, Joe Price, about this problem.
BRUSH: Mr. Helms suggested that the Town review their brush pick-up procedure and determine the best way to offer this service. Review should include use of vehicles and personnel.
IRON STREET PARKING: Mr. Helms noted that Chief Overbay's report of the parking situation on Iron Street differed from the report of some of his police officers. Chief Overbay responded that it is a dangerous situation but that others occur at the same time (church service) around Town He specifically mentioned West Main Street, Poston Street and Coyner Avenue. Chief Overbay was requested to attend the meeting on parking.
HENRY STREET WATER LINE HOOK-UP: Mr. Burkitt asked for an update of the Henry Street Project. Mr. Hicks advised that it is 75% complete. The main line has been laid and they are now tying into meters.
CURBS: Mr. Mutter requested that the yellow curbs on S. Park Street be discontinued.
INSURANCE-WORKER'S COMPENSATION: Mr. Booker reported that the Town has received an experience modification of .85. This is an excellent rating.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.