PRESENT: Mayor David P. Helms; Samuel Burkett, Mel Leaman, Ralph Price, Sam Mutter, Eugene Hendrick, James Gates, and Buford Cregger, Council Members; Assistant Town Manager Cecil Hicks; Town Attorney Mark Fenyk and Police Chief Michael Roberts.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and the Pledge to the Flag was led by Mayor Helms.
MINUTES: Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the minutes of the meeting of August 7, 2000 were approved as written and distributed.
VISITORS: Lee Ann Prescott, James McNeil, Ken Heath, Eugene Burchett, Ruby Burchett.
PUBLIC HEARING -SPECIAL USE PERMIT-528 SPRUCE STREET- CRM CONSTRUCTION: This item was continued to Public Hearing date 9/7/00.
LINCOLN THEATRE FOUNDATION - LEE ANN PRESCOTT: James McNeil, The Lincoln Theatre Foundation President, informed Town Council that Industrial pledges in the amount of $800,000 have been secured. The next phase of requests for pledges will be made to businesses, individuals, community service groups and professionals. Phase I of the renovation has begun. The contractor is Evans Construction. Roger Eller is the superintendent on site.,
Lee Ann Prescott, Executive Director of The Lincoln Theatre Foundation, informed Council that the Foundation is searching for funding statewide and nationwide. The Lincoln Theatre, Inc. requested that the Town of Marion apply for a grant of state funding on behalf of the organization. The application is provided by the Derelict Structures Fund. The grant requires at least a dollar-for-dollar local match and may award up to $100,000. The Lincoln Theatre, Inc. has the local matching funds available through private sources. Therefore, the Town of Marion has no financial obligation in this application, however, the Town must officially make the application as a municipality, under the program guidelines. The Town has no obligation to prepare documentation for the grant application. Professionals with Brian Wishneff and Associates of Roanoke, Hill Studio, and P.C. Planning and Design have helped the Lincoln staff assemble the grant application. If the grant application is successful, the state funds will become part of the $2.5 million theatre renovation budget. Upon motion of Mr. Leaman, seconded by Mr. Burkett, and vote of 6 AYES and 1 ABSTENTION (Gates), the Town approved the Resolution to apply for the grant as requested.
REQUEST TO ASSIST SMYTH COUNTY IN COLLECTION OF CERTAIN SEWER BILLS: It was reported that the Smyth County Board of Supervisors approved the Town request for $2,400 to upgrade software to allow billing of County sewer customers. Staff was asked to contact Bright and Associates to begin the process of modification to the software. It has not been determined when the Town will be operational for this process. Upon motion of Dr. Gates, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, this item was continued to the meeting of 9/7/00.
BID PHASE I OF RIVERBEND PARK-BIDS DUE 9/1/00: Mr. Hicks advised that a picnic shelter, landscaping and paving is included in Phase I. He suggested that the Town delay landscaping until Spring, 2001. Mr. Leaman asked who is responsible for the cave-in at Riverbend Park. Mr. Hicks reported that the Town must repair the road. It was not the fault of the contractor.
REQUEST TO CLOSE CHATHAM HILL ROAD - MARION PARENT/TEACHER ORGANIZATION: The Marion P.T.O. will hold its annual "Duck Race" fund raiser, on Saturday, September 16, 2000 on the river between Happy's Restaurant and the Town pool parking lot. The attendance at this event is significant and includes many small children. As a safety precaution, they requested that this section of E. Chilhowie Street be closed off from approximately 11:45 a.m. until approximately 12:30 p.m. Mr. Mutter moved that the request be granted and that the Town Engineer and Police Chief coordinated traffic control and detour. The motion was seconded by Mr. Leaman and carried unanimously. Mayor Helms asked that notices of the street closure be placed on TV3, in the newspaper, and a note sent home with students.
APPOINTMENT-BOARD OF ZONING APPEALS: Mr. Hendrick moved that W. D. "Bill" Smith be recommended to Circuit Court to serve on the Board of Zoning Appeals. The term will begin 9/13/2000 and expire 9/13/2004, if appointed by the Judge of Circuit Court. Town Attorney Fenyk was asked to prepare the order.
APPOINTMENT-MARION REDEVELOPMENT AND HOUSING AUTHORITY: This item was continued.
ACCOUNTS: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the Accounts were approved in the amount of $526,791.71. Mr. Burkett, Mr. Cregger, Mr. Mutter, Mr. Price, Mr. Leaman, Dr. Gates, and Mr. Hendrick voted affirmatively.
INVESTMENT REPORT: Mr. Burkett moved that the Investment Report be accepted. The motion was seconded by Mr. Leaman and carried unanimously. Mr. Leaman, Mr. Burkett, Mr. Hendrick, Mr. Mutter, Dr. Gates, Mr. Price and Mr. Cregger voted affirmatively.
COMPLAINT-HORNE AVENUE: Mr. Eugene Burchett and Ms. Ruby Burchett again appeared before Town Council concerning the use of a structure as a garage in a residential area. The structure in question was a residence and was purchased by Roger Bennett. Mr. Bennett uses the structure for storage of personal items. Mr. Burchett objects to the use of the property and does not believe that this falls within the Zoning Ordinance. Zoning Administrator Cecil Hicks stated that the use of the property conforms to the Ordinance as it is not being used as Commercial property.
FOWLER STREET EXTENSION: Mr. Hicks informed Council that he is working with W-L Construction on this project. Mr. Hendrick moved that the Town proceed with the survey and data needed to begin bid preparation. The motion was seconded by Dr. Gates and carried unanimously. Mr. Hicks was asked to contact T. W. Burkett for a price to cite the 40 cross sections.
BUILDING COMMITTEE-DRAIN IN BASEMENT OF MUNICIPAL BUILDING: The drain system is not carrying the water and the basement becomes flooded with each rain. It was decided that the Architect should be partially responsible and that the Town indicate the same by letter to Spectrum Design that they should pay one half of the expense of installing a better drain system.
BUILDING COMMITTEE-RETAINING WALL AT SENIOR CITIZEN'S CENTER: It was the recommendation of the Committee to have our present contractor to give an estimate for the work. The Town has budgeted $8,000 for this job. It is also the Committee's recommendation to have the contractor to install a flight of stairs through the new retaining wall from the lower parking lot to the upper parking lot. Ken Construction estimate was $7,000 for the concrete work plus $4,500-$5,000 for railing. Mr. Hicks was asked to obtain estimates from other contractors. Mr. Price asked if the project could be done in-house. Mr. Hicks advised that this would not be possible. Several members of Town Council expressed concern that the grounds at the Center are being neglected.
BUILDING COMMITTEE-BLINDS: Mr. Hicks advised that the price to install new 1" blinds in all except 2 windows in the Municipal Building is $2,885.75. He was instructed to proceed.
BUILDING COMMITTEE-FORMER RESCUE SQUAD BUILDING: The Senior Citizen Center uses the front portion of the building for crafts. The Town uses the back for storage. Several members of Town Council had viewed the building and stated that the building needs to be cleaned and storage put into order. Mr. Hicks advised that the building is structurally sound.
TECHNOLOGY COMMITTEE-INTERNET SERVICE PROVIDERS: Mr. Leaman informed Town Council that C.T. Eagle is developing specifications for wireless service and bid out to local providers. Mr. Eagle will be asked to set up a demo.
SUMMER ENRICHMENT PROGRAM: Mayor Helms stated that a letter has been received from Diane Tibbs, Director of the Smyth County Summer Enrichment Program, expressing their appreciation for the young people that the Town provides to assist with their program for mentally and physically handicapped children thru the Recreation Department.
SMYTH-WYTHE AIRPORT GROUND BREAKING: Mayor Helms and Mr. Burkett attended the ground breaking at Smyth-Wythe Airport.
SMYTH COUNTY JAIL INMATES: Mayor Helms informed Council that the Town is utilizing County inmates under the supervisor of former Police Sgt. Richard Henderson.
DOWNTOWN! LUNCHTIME ON THE LAWN: Mayor Helms and members of Town Council assisted in cooking and serving lunch on the Courthouse Lawn. They enjoyed this and it was appreciated by the Downtown Association.
MRPDC-GILMAN STREET WIDENING: Mayor Helms asked that a letter be sent to Tom Taylor, of MRPDC, concerning application for funding for the Gilman Street Project.
BOUCHER-RECREATION OPPORTUNITIES: Mayor Helms informed Council that a meeting will be held in Wytheville on August 29, 2000 at 6:00 p.m., sponsored by Rep. Rick Boucher, to discuss Recreation opportunities. Mayor Helms and several members of the GrassRoots Conservancy plan to attend.
DOWNTOWN HISTORIC DISTRICT: Notification has been received that the Marion Historic District has been entered in the National Register of Historic Places on August 2, 2000.
FREEDOM OF INFORMATION ACT: Mr. Fenyk reported that the Freedom of Information Workshop has been completed and all Elected Officials have been supplied a copy of the Act.
PEPSI BUILDING/GANDHI: Mr. Fenyk advised that these documents are in process.
CONSUMER UTILITY TAX: Mr. Hendrick reminded Council that a revised Ordinance must be adopted with regard to electric and gas companies on or before 10/31/00.
SNOW REMOVAL PLAN: Mr. Cregger asked if the Town has a Snow Removal Plan, including equipment to be used and route. Mr. Hicks stated that all main roads are plowed first and then the individual streets. Mr. Hicks agreed to meet with the Street Committee to discuss the Snow Removal Plan. Mr. Hicks added that the Town works with VDOT in the storage of salt.
ADELPHIA BUSINESS SOLUTIONS: This company is a telecommunications company authorized by the state public service commission and the Federal Communications Commission to provide public utility telecommunications services within Virginia. They have requested the Town's permission to place the communications wires in the streets and public right-of ways of the Town. This request was referred to the Street Committee.
ADAMS STREET-REQUEST FOR PAVING: Mr. Price asked if any excess paving material may be used on non-town maintained roads. Mr. Fenyk advised that if the Town starts doing work on non-maintained streets, the Town must take over the street.
TAX SERVICE DISTRICT: Mr. Fenyk was requested to reinvestigate the process required to implement a Special Service Tax District for the purpose of improving unmaintained streets. Mr. Cregger stated that the process requires, among other things, that a judgement be placed against the property of the owners of the property on that street. Council requested that letters be mailed to homeowners on Columbia Avenue to determine the interest in such a project. The Town is willing to pay 50% with the landowner committing to 50%.
COUNTY CLUB ROAD SEWER PROBLEMS: Mr. Hicks advised that an 8" main line was connected to the interceptor recently when a new home was built. This matter was referred to the Sewer Committee for study and report.
VML ANNUAL CONFERENCE: Members of Town Council and the Town Attorney were requested to notify the Town Clerk if they plan to attend the Annual VML Conference in October so that arrangements may be finalized.
DOWNTOWN HOUSING PROJECT TOUR: Ken Heath advised that those interested may join him for a tour of the Downtown Housing Project on Friday, August 25, 2000 at 3:15 p.m.
MAIN STREET REPORT: STREETSCAPE: Mr. Heath requested release of final payment to Ken Construction as soon as the number of days to be considered for liquidated damages is determined.
STREETSCAPE MAINTENANCE: Mr. Heath stated that he has proposals for continuing maintenance for the initial year. He asked if Council wants to continue to contract maintenance or develop and implement a plan for weeding, fertilizing, watering and general maintenance on the project so that our warranty will not be void. It was the consensus of Town Council that the Town not contract this work, but prepare a plan for maintenance.
SIDEWALKS: Mr. Heath advised that the sidewalk adjacent to Merle Norman is a trip hazard. He requested that Town staff put this on the project list.
DOWNTOWN BANNERS: Mr. Heath requested that staff have banner arms ready to install. Holiday Banners also need to be cleaned and stored.
CDBG PHASE III/HAYDEN'S WORLD: It was reported that plumbing is complete at Hayden's World. Per Mr. Heath, it is the Town's agreement with Prescott Plumbing to complete extra work in exchange for the Town to patch the asphalt. This is ready to be completed.
CDBG PHASE III/PIGGLY WIGGLY: The plumbing is nearly complete at the Piggly Building. Mr. Prescott has asked that the Town notify him in advance so he will have a crew on site when the Town installs the meters. They want to stub out the lines from the basement.
TV3: Mr. Heath advised that a request has been received to expand TV3 countywide. This item was referred to the Technology Committee.
PURSUANT TO VA CODE 2.1-344 (A1, A3, 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 personnel matters, real estate acquisition, and potential litigation. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters allowed in the Virginia Code Section, as stated, were discussed during Closed Session. The motion was seconded by Dr. Gates and carried unanimously. Mr. Burkett, Mr. Cregger, Mr. Mutter, Mr. Price, Dr. Gates, Mr. Hendrick, and Mr. Leaman voted affirmatively.
TOWN MANAGER INTERVIEWS: Mr. Burkett moved that the following gentlemen be interviewed for the position of Town Manager on August 30 and August 3l: John E.B. Clark, Jr., Ken Heath, Edward Musick and Ronald Waller. The motion was seconded by Mr. Hendrick and carried unanimously.
LAND ACQUISITION - NEAR SPRING: By a vote of 7 AYES and 0 NOES, Town Council approved the purchase of a parcel of land in the Currin Valley Section near the Town Spring for the possible future expansion of the Water System. Cost of the property, sold at auction, was $8,000. Mr. Burkett, Mr. Price, Mr. Leaman, Dr. Gates, Mr. Cregger, Mr. Hendrick and Mr. Mutter approved the purchase.
RETIREMENT RECEPTION FOR BETTY ROUSE AND DENNIS BARKER: Council was invited to a reception on Friday, August 25, 2000 at Noon. Ms. Rouse will retire October 1, 2000 and Mr. Barker on November 1, 2000. Council approved monies allowing Chief Roberts to purchase refreshments for the event.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.