PRESENT: Mayor Marshall Guy; S. S. Burkett, James Gates, Mel Leaman, Sam Mutter, David Helms, Ralph Price and Eugene Hendrick, Council Members; Town Manager Henry Booker; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm, Town Engineer Cecil Hicks and Police Chief Fred Catron.
MINUTES: Upon motion of Mr. Hendrick, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, the minutes of the meeting of 1/3/00 were approved as written and distributed. Mr. Hendrick, Mr. Mutter, Mr. Price, Mr. Helms, Mr. Burkett, Dr. Gates, and Mr. Leaman voted affirmatively.
VISITORS: Joe Foster, Richard Henderson, John Styron, Joanne Styron, Judy Taminger, Jim Kelly, Anna Johnston, Ernie Catron, Linda Catron, John McGee, Sally Morgan, Ken Heath, Richard Saufley, John Taminger, Tom Burkett, Shirley Blackwell, Dan Blevins, Pat Rankin.
RE-SCHEDULED MEETING: Mayor Guy stated the regular meeting of 1/20/00 was postponed due to inclement weather conditions
RESOLUTION 192-A RESOLUTION OF COMMENDATION FOR RICHARD HENDERSON ON THE OCCASION OF HIS RETIREMENT: Mr. Booker read the Resolution and Mayor Guy presented Mr. Henderson with a framed Resolution and expressed the gratitude of the Town of Marion for his service. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the Resolution was adopted.
RESOLUTION 193-A RESOLUTION OF COMMENDATION FOR JOSEPH FOSTER ON THE OCCASION OF HIS RETIREMENT: Mr. Booker read the Resolution and Mayor Guy presented Mr. Foster with a framed Resolution and expressed the gratitude of the Town of Marion for his service. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Resolution was adopted.
PUBLIC HEARING TO REVIEW REQUESTING T-21 FUNDING FOR THE REFURBISHMENT OF E. CHILHOWIE STREET BRIDGE: Mr. Hicks gave an overview of the proposed bridge repairs. No one was present to comment on the project during the Public Hearing. Mr. Booker read the Resolution of agreement with the Virginia Department of Transportation, citing request for the project and committing the Town of Marion to pay a minimum of 20% of the total cost for planning and design, right of way and construction of the project. Should the project be canceled, the Town would reimburse VDOT for the total amount of costs expended by VDOT. Upon motion of Mr. Helms, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the Resolution was adopted.
PUBLIC HEARING TO REVIEW REQUESTING T-21 FUNDING FOR THE DEVELOPMENT OF THE MARION BICYCLE TRAIL: A bicycle trail is proposed along Route 16 to Hungry Mother Park. John Taminger stated that the trail would follow the right side of the road and provide a safe place for bikers, joggers, and walkers. Jim Kelly, John Styron, Dan Blevins, Anna Johnston, Shirley Blackwell, Ernest Catron and John Taminger spoke in favor of the project. John McGhee, MRPDC informed Council that plans are underway to request funding for a study of a Bikeway for the Mt. Rogers area that may tie in with this trail. Mr. Booker read the Resolution of agreement with VDOT citing request for this project and committing the Town of Marion to 20% of the cost of planning and design, right of way and construction of the project. Should the Town decide to cancel the project, all monies spent by VDOT to that date would be incurred by the Town and refunded to VDOT. Upon motion of Mr. Burkett, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the Resolution was adopted.
APPOINTMENT TO MARION REDEVELOPMENT AND HOUSING AUTHORITY BOARD: Mr. Price stated that upon recommendation of Town Attorney Mark Fenyk and pursuant to Virginia Code Article 36-11, stating that Commissioners of a housing authority may not be employees or elected officials of a locality, he withdrew as a candidate. Upon motion of Mr.Price, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Bill Huber was reappointed to the MRHA Board of Commissioners.
RESOLUTION 195- GROUNDHOG SHADOW DAY: Mr. Booker read Resolution 195 stating that the Town of Marion will participate in Groundhog Shadow Day on February 2, 2000. On that day, officials and certain employees will be "shadowed" by students from the Blue Ridge Job Corps. Mr. Mutter moved that the Resolution be adopted. The motion was seconded by Mr. Hendrick and carried unanimously.
REQUEST FOR MODIFICATION OF DOWNTOWN STREETSCAPE: Ken Heath, Executive Director of Marion Downtown!, relayed a request from Don Jones, property owner in the downtown district, for the addition of one tree to the streetscape project. Estimated cost of the addition would be $5,750. It was noted that several public information meetings and public hearings were conducted prior to the start of the project. Placement of trees and street lights were determined by architects for artistic value as well as serviceability. Mr. Mutter and Mr. Hendrick stated that ample opportunity to request the change prior to the project was given. Mr. Burkett and Mr. Helms felt that Mr. Jones' request was valid. Mr. Mutter moved that the project remain as planned and that Mr. Jones' request be denied. The motion was seconded by Dr. Gates, and carried by a vote of 5 AYES and 2 NOES (Burkett, Helms).
MAIN STREET MEETING: Mr. Heath informed Council that the Virginia Main Street meeting will be held in Marion on February 4, 2000. He encouraged Council to attend the luncheon at the former Herb House.
LINCOLN THEATRE BOARD APPOINTMENT: Mayor Guy asked Dr. Gates to accept reappointment to serve in this capacity. Dr. Gates declined due to the fact that Mrs. Gates is a representative on the Board. Town Attorney Mark Fenyk agreed that this could be a conflict of interest. Mr. Price moved that this item be continued. The motion was seconded by Mr. Helms and carried by a vote of 6 AYES and 1 ABSTENTION (Gates).
RESOLUTION 99-196 FOR FOWLER STREET CONNECTOR: Mr. Booker read the Resolution. Town Engineer Cecil Hicks stated that VDOT appears to be in favor of this project . In the event that VDOT participates, it would be a much better and less costly project for the Town of Marion. Mr. Hicks was asked to request that VDOT expedite the project. Mr. Mutter inquired as to how long the developer would wait on a decision. Mr. Hicks stated that the developer understands that some time would be required to determine when the project could begin. Members of Council were concerned that the Church Street Project would be dropped from the VDOT 6 year plan. They were assured that the Church Street Project would remain on the list. Another concern was that the connector would enhance the property. Mayor Guy stated that the intent of the project is not to enhance property value but to produce a better flow of traffic on the north side of the Town of Marion. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, the Resolution was adopted.
TAXES-COLLECTION OF COUNTY TAXES: Tom Burkett, Smyth County Treasurer, requested that Council consider refusing the issuance of Town of Marion motor vehicle decals to those residents of the County with unpaid personal property taxes. He stated that the County would reciprocate with residents of the County who may owe Town of Marion personal property taxes. An Agreement of Mutual Understanding has been prepared by Mr. Burkett and will be presented to the Towns of Marion, Chilhowie and Saltville. He added that a list of delinquent personal property taxes would be issued to each Town. Mr. Fenyk asked if Mr. Burkett had approached the Smyth County Board of Supervisors. He stated that he had not and was acting on behalf of the Treasurer's Office. Mr. Fenyk asked if the County would agree to require notification to the Town of all Building Permits. He noted that several problems have arisen due to the fact that construction began prior to the Town of Marion being aware of them. Mr. Burkett again stated that he was only acting on behalf of the Treasurer's Office. Mr. Price stated that he felt this matter would require some study and discussion. Mr. Helms moved that the Town honor the Smyth County Treasurer's request for An Agreement of Mutual Understanding. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 1 NOE (Price).
The Smyth County Treasurer, Tom Burkett, added that County taxes may be paid in installments.
ACCOUNTS: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, the Accounts were approved for payment in the amount of $552,891.57. Mr. Helms, Mr. Hendrick, Dr.Gates, Mr. Price, Mr. Mutter, Mr. Burkett and Mr. Leaman voted affirmatively.
INVESTMENTS: Mr. Burkett moved that the Investments be approved as presented. The motion was seconded by Mr. Helms and carried unanimously. Mr.Price, Mr. Mutter, Mr. Burkett, Mr. Helms, Mr. Price, Dr. Gates, and Mr. Leaman voted affirmatively.
ECONOMIC DEVELOPMENT: Richard Saufley suggested that the Town investigate the possibility of Special Tax Assessments thoughout the Town of Marion, similar to those assessed in the Downtown District and that an Economic Development Coordinator be hired for the entire Town of Marion.
MUNICIPAL BUILDING RENOVATION PROJECT: Mr. Pat Rankin, Rankin Electric and sub-contractor on the Municipal Building Project, was present to inform Town Council that sub-contractors are not being paid by U. S. Construction. He asked if the Town of Marion is required to obtain documentation that sub contractors and materials are paid for prior to making payments to the contractors. Mr. Booker advised that the Town of Marion will get releases of lien prior to final payment and that performance bonds and payment bonds are required of the general contractor.
WATER CONTRACT: Mayor Guy advised that the Water Contract with Smyth County has been signed by all parties. The agreement was signed by Mayor Guy on December 6, 1999.
ROUTE 16 WATER PROJECT: Mr. Hicks advised that the Route 16 Water Project will resume as weather permits.
BUILDING COMMITTEE - CHANGE ORDERS ON MUNICIPAL BUILDING: Dr. Gates moved that this item be continued. The motion was seconded by Mr. Price and carried unanimously.
POLICE COMMITTEE - PROPOSAL FOR REORGANIZATION, PROPOSAL FOR TRAINING PLAN AND PROPOSAL FOR TRACKING AND DRUG DOG: Mr. Mutter asked about the procedure for recent promotions. Mr. Booker advised that Chief Catron has placed a moratorium on promotions for the present time. Two individuals, Sgt. Testerman and Officer Barker, will be in the positions of Investigators, with one step pro-pay for additional duties.
SKATE PARK: Mayor Guy advised that the Recreation Director is assembling data on this request. It was suggested that the Mt. Dew Museum, on Cherry Street, may be considered for this project.
SCENIC BYWAY: Route 16 has been designated a Virginia Scenic Byway.
PRATER LANE DEVELOPMENT/FOWLER STREET CONNECTOR: Mr.Leaman stated that the Marion Planning Commission has met with developers and discussed the proposed development at length and endorses the project. Mr. Mutter asked if lot size was discussed. Mr. Leaman advised that only the value of the homes to be built was mentioned ($150,000 to $200,000).
VML WEBSITE: Mr.Leaman noted that the Legislative Bulletin is now available via the VML website at www.vml.org.
FREEDOM OF INFORMATION ACT: It was noted that several changes have been made to the Act and that Council should be aware of these changes.
BOUCHER: Mr. Booker was asked to send correspondence to Rep. Rick Boucher with regard to Tourism.
FOOT BRIDGE/CHESTNUT STREET: Mr. Helms asked for a status report on this project. Mr. Hicks stated that preparations are being made and that weather is a factor in when the project may begin.
RIVERBEND PARK: Mr. Helms asked when the bid documents for the Riverbend Park project would be available. Mr. Hicks stated that Hill Studio is preparing them and the project is expected to be bid at the end of January, 2000.
WELCOME TO MARION SIGN/PARK BOULEVARD: Mr. Hicks stated that this project is underway.
USER FEES FOR TELECOMMUNICATION PROVIDERS: Mr. Leaman noted that the General Assembly has allowed Towns to impose a fee on telecommunication providers. The Town of Marion, at that time, elected not to impose this tax.
TN-VA ALL AMERICAN CITY: Mayor Guy informed Council that a five (5) star regional showcase is planned in Abingdon, Virginia on February 18, 2000. He plans to attend and invited other interested parties to join him.
MARION MANOR APARTMENTS: Marion Manor Apartments is being purchased by the Marion Redevelopment and Housing Authority. J. S. Staley, Smyth County Board of Supervisors, expressed concern that public entities are becoming involved with the private sector. It was noted that the Town of Marion is not participating in this purchase. Mr. Booker advised that MRHA expects to take over the complex by the end of August, 2000. Mr. Price stated that HUD is interested in the Marion Manor Project and that the Town will not be called upon financially.
LETTERHEAD: Mr. Price asked that the letterhead be changed to reflect the new Chief of Police, Fred Catron. Mrs. Sheets advised that the letter head is on order and that in addition to the change of the Chief of Police, it will display the Town of Marion Website address, www.marionva.org and designation as TN-VA All-American City status.
FIRE STATION LOAN CLOSING: The Fire Station Loan was closed on 1/11/00.
ENDORSEMENT OF CHARLES LINCOLN AS JUVENILE JUDGE FOR SMYTH AND WASHINGTON COUNTIES AND THE CITY OF BRISTOL.: Mr. Booker was instructed to send correspondence to Rep. William Wampler endorsing Charles Lincoln to the position of Juvenile Judge for Smyth and Washington Counties and the City of Bristol.
MAYOR POSITION: Mayor Guy announced that he will seek re-election in May, 2000.
TRAIN WHISTLES: Mr. Hendrick informed Council that regulations will allow trains to blow at safe crossings (gates & flashing lights) and quiet zones. After the rule is published, it will become effective one year from that date. Safe crossings and quiet zones are designated by the owner of the railroad. It was suggested that staff investigate the possibility of state monies to bring crossings into compliance.
POLICE APPLICATIONS: Mr. Helms asked if applications for the Police Department positions have been received. Mr. Booker advised that the applications closed 1/19/00 and have been initially graded.
BUDGET PROCESS 2000-2001: Mr. Helms asked if the budget process has begun. Mr. Booker advised that preliminary work has begun.
WATER COMMITTEE - Mr. Burkett requested a Water Committee Meeting at the earliest possible date.
WEBSITE: Mr. Leaman encouraged the completion of the Website. Sites for several departments need to be developed. He suggested that the Town enter into negotiations for update and promotion.
TV3: Mr. Leaman urged the staff to resume TV3 programing at the earliest possible date.
SNOW REMOVAL: Mr. Mutter stated that snow on the sidewalks is dangerous and that many of the businesses are not clearing the sidewalks in front of their businesses. He noted that the Ordinance requires this and it is not being enforced. Mayor Guy instructed Chief Catron to prepare an inventory of those areas of downtown that are not cleared of the snow. Dr. Gates stated that a snow blower was purchased and that the Town agreed to clear one width of the blower on Main Street. Mr. Booker stated the older, smaller snow blower was traded in on a larger one and the larrger blower is not as serviceable for that purpose. Mr. Hendrick advised that it is difficult to use a snow blower after the snow has been packed.
Mr. Leaman stated that Town sidewalks or bridges should be cleared to set an example for Town residents and business owners.
Dr. Gates suggested that the Town make provisions for weekend snows and have personnel available and scheduled.
RESTAURANTS: Mr. Mutter informed Council that a new restaurant, County Cookie' of Roanoke, is interested in coming to Marion. He requested that staff contact this franchise and enter into discussion concerning their coming to Marion.
Mr. Price stated that "Capital Investments", a Chinese eatery, will open in the Food City Shopping Center.
The Herb House on Pendleton Street is closing, however, Lil' Bits of Atkins, will be moving into the building and will provide various types of food and a Sports Café. The business plans to open on February 1, 2000.
REQUEST TO REZONE PROPERTY - 216 CHESTNUT STREET: Mayor Guy referred this request to Marion Planning Commission for recommendation. Pursuant to VA Code Section 2.1-344 (a7) and upon motion of Mr.Hendrick seconded by Mr. Price and vote of 7 AYES and 0 NOES, Council entered into Closed Session for the purpose of discussing litigation issues. Mr. Hendrick moved that Council return to open session and that only those matters lawfully exempted were discussed during the Closed Session, just completed. The motion was seconded by Mr. Price and carried unanimously. Mr. Hendrick, Mr. Price, Mr. Leaman, Dr. Gates, Mr. Mutter, Mr. Helms and Mr. Burkett voted affirmatively.
FIRE STATION/LIQUIDATED DAMAGES: Mr. Price moved that the Town write the Bonding Fidelity Company of Maryland to complete this project. Mr. Helms seconded the motion, which carried by a vote of 7 AYES and 0 NOES.
TOWN SPRING: Council directed that the Town engage the services of a surveyor to determine if Mr. Jones is connected outside of the agreed area.
TRAIN WHISTLES: Mr. Price moved that the Town work with the railroad to dismiss the suit, without attorney fees, and proceed with proposed "Quiet Zone" per regulations. The motion was seconded by Mr. Leaman and carried unanimously.
INSURANCE/GRIEVANCES: Staff was instructed to notify the Town's Insurance carriers, VML Insurance Programs, about the liquidated damages on the Fire Station and Municipal Building and grievances recently filed by two Police employees.
BID BOND-STREETSCAPE/ED BLIZZARD: Council requested that staff prepare a list of costs to the Town for rebid of the project due to Mr. Blizzard's company and refund any remainder of his bond to his company.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.