PRESENT: Mayor David Helms; S. S. Burkett, Buford Cregger, James Gates, Sam Mutter, Eugene Hendrick, Ralph Price, and Mel Leaman, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; Police Chief Michael Roberts.
INVOCATION/PLEDGE TO THE FLAG: Rev. Neville Mozingo rendered the invocation and Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the minutes of the meeting, held 2/22/01, were approved as written and distributed. Upon motion of Mr. Hendrick, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, the minutes of a special called meeting on March 1, 2001 were approved as written and distributed.
VISITORS: Rev. Neville Mozingo, Heather Thomas, Wes Thomas, Ken Heath, Darin Handy, and Deane Beamer.
RESOLUTION HONORING RAYMOND W. "WES" THOMAS, JR.- COMMONWEALTH OF VALOR AWARD: Mayor Helms read the Resolution honoring Marion Police Officer Raymond W. Thomas, Jr. whose actions during the Marion Manor Apartment Fire resulted in lives being saved. Officer Thomas was one of 40 individuals recently honored by the Virginia Public Safety Foundation in their 2000 Commonwealth Valor Awards Program in Richmond on February 12, 2001. Dr. Gates moved that the motion be adopted. Mr. Leaman seconded the motion and Council approved unanimously.
RESOLUTION HONORING POLICE OFFICER RAYMOND WESLEY THOMAS: Mayor Helms continued this item to March 5, 2001.
SMYTH COUNTY COMMUNITY HOSPITAL FLU AND HEPATITIS B SHOTS: Mr. Clark advised that flu shots have been offered to Town employees this year. He stated that these were given at the Health Department at a cost of $10 each. The Sewage Treatment Plant and Police Department had received Hepatitis B previously. He suggested that the Town offer Hepatitis B shots to Marion Volunteer Fire Department and Public Works personnel, as well. A proposal has been received from Smyth County Hospital to inoculate Town employees for flu at $6 each and Hepatitis B at $75 each. Dr. Gates suggested that staff review OSHA standards regarding this matter. Mr. Mutter and Mr. Cregger felt that MVFD and Public Works Department are at considerable risk and should receive these shots. However, this should be optional for employees. Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Council elected to provide this benefit to the personnel at the MVFD and Public Works.
SITUATION ON PROPERTY IN CURRIN VALLEY: Several complaints have been received concerning the mobile homes parked on Town property in Currin Valley beside the Town Spring. Mr. Cregger informed Council that one of the mobile homes on Town property recently purchased from the Charles Overbay Estate belongs to someone else. The Town is prepared to remove the mobile homes from the property. A person claiming to own one of the mobile homes had come forward and requested to move their trailer next week. Town Attorney Mark Fenyk stated that the mobile homes are personal property and not a part of the purchase of the real estate. Mr. Overbay has signed a release on the other mobile home stating it did not belong to Better Homes of Marion. Mr. Fenyk advised that the Town may wish to file suite that the mobile homes are on Town property and the Town wants to move them. Several members of Council want to give the mobile home owner the opportunity to move his property. Mr. Cregger moved that Mr. Clark, Mr. Fenyk and he continue to work on this matter. Mr. Leaman seconded the motion, which was approved unanimously.
RESOLUTION FOR GILMAN STREET PLANNING GRANT: Ms. Sheets read the Resolution for the Town to apply for a $25,000 Planning grant under the CDBG program for the Gilman Street Comprehensive Community Development Planning project. Also included in the Resolution was to authorize Mt. Roger Planning District Commission to complete and submit all necessary documents for the grant proposal, that Town Manager John E. B. Clark, Jr. be authorized to sign the application and Town Council commit up to $4,000 in local funds toward the project. Upon motion of Mr. Leaman, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the Resolution was adopted.
DERELICT STRUCTURES GRANT: Derelict Structures Grant has been secured to aid in the Lincoln Theatre Restoration Project. Mr. Hendrick moved that Town Manager John E. B. Clark, Jr. be authorized to sign the Derelict Structures Fund Agreement. The motion was seconded by Mr. Mutter and carried unanimously.
AUDIT CONTRACT WITH ALBANO AND ASSOCIATES, P.C.: Mr. Clark presented the Contract to Audit Accounts of the Town of Marion from Albano and Associates, P.C. Ms. Sheets added that the staff is very satisfied with the service provided to the Town by Albano and Associates, P.C. and their representative Ms. Patricia Belcher. Upon motion of Mr. Burkett, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, Council approved the contract to Albano and Associates, P.C. to audit the Town's accounts.
MARION DOWNTOWN RACE DAY: Darin Handy, owner of Handy Graphics, informed Council of the intention to sponsor the Second Annual Marion Downtown Race Day on April 14 from 2:00 p.m. to 6:00 p.m. The First Race Day was a success and Mr. Handy expects the event to grow each year. Last year 28 Dirt Track Racecars entered the event and 400-500 people came to Broad Street to see the cars. Handy Graphics, Riverside Racing and Wythe Raceway will sponsor race Day. This year there will be a category for go karts and sponsors plan to invite one of the NASCAR garages to provide a car for display. Mr. Handy stated that local businesses appear to be interested in the project. Ken Heath, Executive Director of Marion Downtown also supports the event. He plans to discuss it with his Board of Directors later this week. Mr. Leaman moved that the event sponsors work with Marion Downtown!, Manager Clark and Police Chief Roberts on details. The motion was duly seconded and carried by a vote of 7 AYES and 0 NOES.
REQUEST TO REZONE A PARCEL OF PROPERTY-225 PARK BOULEVARD FROM R1 TO CG: Deane Beamer was present to request consideration of rezoning a parcel of property at 225 Park Boulevard from Residential 1 to Commercial General. The property is being sold to Allen and Deborah Parks to be used as an accounting office. Upon motion of Mr. Cregger, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, the request was referred to the Planning Commission meeting, to be held 3/13/01 at 5:15 p.m.
FINANCE COMMITTEE- REPORT ON FINANCING EQUIPMENT: Several budgeted items have been reviewed due to prices being over budget. It was the recommendation of the Committee that both bids on the small four wheel drive backhoe ($49,090) and on the dump truck ($53,87l) be accepted and that the $19,361 overage be taken from the $35,000 allocated for the right-of-way tractor and that a spreader also be purchased from these funds. Discussion ensued. Mayor Helms suggested that Council might wish to contract grave excavation services instead of purchasing a four-wheel drive backhoe. Dr. Gates moved that the Town purchase the dump truck, spreader and plow at state bid. The motion was seconded by Mr. Burkett and carried by a vote of 6 AYES and 1 ABSTENTION (Cregger). Dr. Gates further moved that the request for a four-wheel backhoe be referred to the Cemetery Committee to consider contracting grave excavations. The motion was seconded by Mr. Price and carried unanimously.
STREET COMMITTEE-REPORT ON VDOT 2020 TRANSPORTATION PLAN: Mr. Hicks presented a draft of recommendations for the VDOT 2020 Transportation Plan, provided by VDOT contractor. Mr. Hicks said that the Street Committee would review the recommendations and meet with VDOT to discuss the same. There will be a Public Hearing set to adopt the 2020 Transportation Plan after revisions are made.
STREET COMMITTEE-REPORT ON MEETING WITH W-L, INC. ON FOWLER STREET EXTENSION: Mr. Hicks had met with the developers of the proposed sub-division at Route 16 and Prater Lane to discuss the draft of the plat. The developers will make a formal presentation to Marion Planning Commission on Tuesday, March 13, 2001 at 5:15 p.m.
WATER COMMITTEE-PAUL CROUSE REQUEST FOR WATER SERVICE: Mr. Crouse had made a request at a previous meeting that the Town provide water service for two (2) mobile homes he wishes to install on Williams Road. The request is for service outside of Town limits. Mr. Hicks advised that the Williams Road Project was a community-assisted program. The residents donated the easements and participated in over $22,000 of the cost. The Town's share was $23,000. The project included a 3,000-gallon storage tank. Mr. Hicks further stated that the Virginia Department of Health has a minimum hookup pressure of 20 pounds per square inch. Mr. Burkett moved Mr. Crouse be contacted and offered 10 hookups provided he furnish a minimum 3,000 gallon tank with the understanding that he bear all cost and plumb both tanks to work together and that the project be done to Town and Health Department specifications and that he be made aware that a minimum hookup pressure of 20 psi must be supplied at each meter set location. The County is to be advised of the offer. The motion was seconded by Mr. Mutter and carried unanimously.
BUDGET PREPARATION 2001-2002: Mr. Clark informed Council that Budget preparation has begun with departmental requests due March 9. He asked that members of Council notify him of projects or budget requests at the earliest possible date.
PEAKS OF VIRGINIA: Mr. Helms advised that Peaks of Virginia would conduct a meeting at the Virginia Highlands Higher Education Center in Abingdon, VA. Members of Council should notify the Town Manager's Office if they plan to attend.
UNITED CITIES GAS COMPANY-FRANCHISE ORDINANCE: Town Attorney Mark Fenyk advised that he has been unable to contact VML concerning possible negotiations with United Cities Gas Company. He requested a meeting with the Ordinance Committee.
SALE OF SURPLUS PROPERTY: Mr. Fenyk advised that pursuant to Virginia Code Section 15.2-1800, the Town might sell property if it has been determined to be surplus at a Public Hearing. If determined to be surplus, there are several ways to dispose of the property. This will be determined at a later date.
NORTH STREET STORM DRAIN: Mr. Hicks advised that North Street residents have been notified by mail that the Town plans to construct a new storm drain system in their area. The Town has acquired the necessary easements and has the drainage structures on order. The project is scheduled to begin by mid-March, 2001.
TRASH COMPLAINT-KELLER LANE/VETERANS STREET: Mr. Hendrick stated that several complaints have been received from residents in the vicinity of Walmart. Neighbors suggest that a fence or tree line be established to stop trash from blowing onto their property. Mr. Leaman stated that at the time Wal-Mart expanded, an agreement was made that Wal-Mart would "police" the trash problem. Town Manager Clark was asked to contact the Wal-Mart Manager personally to discuss the problem.
INSURANCE COMMITTEE: Mr. Hendrick requested a meeting of the Insurance Committee to discuss the possibility of changing employee life insurance coverage to Minnesota Life under the Virginia Retirement System.
TRASH CONTAINERS: Mr. Cregger noted that trash is still being placed curbside several days prior to pickup. Two areas are Matson Drive and Monte Vista Drive. Mr. Price advised that there is no trash enclosure at LaPaloma Restaurant on East Main Street. Mr. Price asked where the Downtown apartment residents are placing their trash. The apartments are above businesses.
VEHICLES-UNLICENSED AND/OR ABANDONED: Mr. Cregger advised that unlicensed or abandoned vehicles continue to be a problem in Marion. He, Mr. Price and Mr. Leaman will be addressing this issue.
SMYTH COUNTY NEWS/KIM HUMMELL: Smyth County News and Kim Hummel were commended for recent awards for excellence.
PAVING: Mr. Price suggested that the Town consider paving in the spring, rather than Fall. He felt that snowplows might damage new pavement.
PURSUANT TO VIRGINIA CODE SECTION 2.1-344 (7) 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 acquisition of real estate. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters lawfully exempted from Open Session and stated in the motion were discussed. Mr. Price seconded the motion, which carried unanimously.
Mr. Hendrick stated that no decision was made during Closed Session. The Town Manager, Town Attorney and Town Engineer will meet with developers.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.