Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on August 5, 2002 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Samuel S. Burkett, Mel Leaman, Buford Cregger, Ken Heath and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; and Police Chief Michael Roberts.

INVOCATION/PLEDGE TO THE FLAG: Rev. John Graham rendered the invocation. Mayor Helms led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Burkett, seconded by Mr. Cregger, and vote of 5 AYES and 0 NOES, minutes of the meeting held July 15, 2002 were approved as written and distributed. Messrs Burkett, Heath, Cregger, Leaman, and Dr. Gates voted affirmatively.

VISITORS: Elbert Griffith, Don Jones, Willis & Vicky Bridgeman, John Graham, Richard Saufley, Gilda Dingler, Sid Collier, Ann Saufley, Joe Naff.

PUBLIC HEARING-CONSIDERATION OF A TAXI CAB PERMIT AT 115 S. CHESTNUT STREET-WILLIS BRIDGEMAN: Willis and Vicky Bridgeman had filed an application for license and public convenience to operate a taxi service in Town. The Bridgeman’s have operated a taxi service since 1992. The business was located on Commerce Street. The Commerce Street location had to be vacated at the request of the owner. The Bridgeman’s have signed a rent-to-own agreement to purchase the former Bush’s Market at 115 S. Chestnut Street.

The owner of the property is Elbert Griffith. Police Chief Michael Roberts reported that he has inspected the equipment as required and based upon meeting Town requirements, recommended approval of the permit.

Several business owners in the area spoke against approval of the permit. Ann Saufley, Richard Saufley and Don Jones spoke against the request. They felt that the Town and property owners, such as themselves, have invested a great deal of time and funds into improving the downtown area and that the taxi cab business does not fit the business retail environment. Some felt that the business would create clutter and congestion. They expressed concern about the unsightly appearance of the property and loitering. Mrs. Saufley added that there are no gutters or downspouts and that water floods her property when it rains. Mrs. Saufley presented photographs of the renovated Main Street and businesses (front and back) and of the Cafeteria and proposed taxicab site. It was suggested that the Town should acquire the properties known as the former Ervin’s Market and Corner Cafeteria, tear down the buildings, and create a parking area. They felt that the Town should deny the permit and allow time for the taxi company to relocate.

Mr. Leaman advised that removal of the property was previously considered. However, funds were not available to do so. He added that funds to improve downtown were provided from all citizens of Marion. During the revitalization effort, there was no support of an Architectural Review Board by the Downtown Association.

Joe Naff, Mr. Bridgeman’s former landlord, had no objection to the permit. He felt that businesses should be encouraged to locate downtown. He added that the property was for sale and all had an opportunity to purchase the property.

Gilda Dingler, owner of Post Office Antiques, 142 E. Main Street, stated that she is the most affected by the taxi business locating on Chestnut Street. She lives alone in the upstairs of her building. She stated that loitering and noise was a problem. However, since the notices were mailed to notify adjoining property owners of the taxicab permit application, the Bridgeman’s have become good neighbors. They have painted and cleaned up around the building. She had received a visit from Mr. Bridgeman and Mr. Collier who stated they plan to be good neighbors. She advised that she was not taking a stand for or against but had stated her observations and concerns. Mr. Bridgeman advised that he would continue to remove items such as the old ice bin as time permits.

Terry Hayden, owner of Hayden’s World, sent a letter of support for the permit. Vicky Bridgeman read the letter to Town Council.

Elbert Griffith, owner of the property, stated that Mr. Bridgeman has signed a rent-to-own agreement. He noted that there have been no complaints. The inside of the building is improved as well as the outside. He felt this was a good location for a taxi service as it is near the downtown area where many of the downtown patrons could easily access the area businesses. He added that the Bridgeman’s are trying to maintain a good business and that Town Council has the power to revoke the license if necessary.

Dr. Gates asked Mr. Bridgeman what would happen if the permit were not approved. Mr. Bridgeman advised that he and his workers would be unemployed. Even if the permit is not issued, he is obligated to pay Mr. Griffith under the rent-to-own.

Diamond Cab employee, Sid Collier, stated that the taxi company creates traffic downtown. He hopes that they can work together as a business community for downtown, noting the current economics in Marion. The taxi company serves many of the elderly and infirm in Marion. This is a valuable service.

Ms. Dingler stated that she had discussed the rumor of establishing a game room on the taxicab property. She said that Mr. Bridgeman advised that a game room for the public would not be operated. He stated that games are located on the property for private use only. The door to the room is kept locked when his family or friends are not using it. Chief Roberts had advised Mr. Bridgeman that a separate business license would be required to operate a game room.

Mr. Burkett asked if a temporary permit could be granted until the Town Council may consider the views and comments presented. Mr. Fenyk advised that the Town has no provisions for a temporary license.

Upon motion of Dr. Gates, seconded by Mr. Burkett, and vote of 4 AYES and 1 ABSTENTION (Heath), this item was continued.

REPORT ON SEALED BIDS FOR SURPLUS PROPERTY ON IRON STREET: Mr. Clark informed Council that only one (1) sealed bid was received on the surplus property on Iron Street. One stipulation was that a house be constructed on this property by 12/31/02. Project Crossroads offered a bid of $250. Dr. Gates moved that the bid be accepted, with the conditions as advertised. Mr. Cregger seconded the motion. Council approved the same by a vote of 3 AYES and 2 ABSTENTIONS (Burkett, Leaman).

REQUEST FROM SMYTH COUNTY REGISTRAR BOARD CHAIRMAN, JOE BLEVINS, ON POSSIBILITY OF MOVING TOWN VOTING PRECINCT TO MARION RECREATION DEPARATMENT-TOWN MANAGER: Mr. Clark stated that the request from the registrar has been presented in writing as directed by Town Council. The following requests were made: 1) That East Park (401) be relocated from the VFW Hut to Marion Recreation Center; 2) West Park (402) be relocated from Smyth County Courthouse to the Marion Fire Department; 3) Relocation of the voting precinct for Town elections from W. W. Scott Senior Citizen Center to Marion Recreation Center; and Wassona (502) from the Bank of Marion -Royal Oak to Marion Senior High School. It was noted that change of voting precinct must be advertised in advance of the election and approved by appropriate agencies. Following discussion, Dr. Gates moved that Town Council is unable to commit in time for the next election as enough information is not available and that the Town work with the Election Board and Mr. Blevins for future consideration. Mr. Heath seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.

APPOINTMENT TO RECREATION COMMITTEE-REPLACEMENT FOR CINDY WILES- RECREATION DIRECTOR: Mr. Clark advised that Cindy Wiles has submitted her resignation from the Recreation Advisory Committee, due to health reasons. Sonja Ellis is recommended to fill this vacancy and has agreed to serve if appointed. Dr. Gates moved that Mrs. Wiles resignation be accepted and Sonja Ellis be appointed to serve the remainder of her term. Mr. Leaman seconded the motion, which carried by a vote of 5 AYES and 0 NOES.

RECOMMENDATION OF APOINTMENT TO THE BOARD OF ZONING APPEALS-EXPIRED TERM OF W. W. HUBER: Ms. Sheets advised that Mr. Huber’s term will expire on 9/12/02 and he has completed a partial term and two (2) full terms. Pursuant to Town of Marion Code Section 2-151, he may not be reappointed. Mayor Helms asked Council members to consider nominees for recommendation to the Circuit Court to be presented at next meeting.

APPOINTMENT OF HOUSING BOARD MEMBERS-EXPIRES 9/7/02: Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, this item was continued.

REPORT ON GILMAN/EAST CHILHOWIE STREET CDBG MEETING: Mr. Clark reported that a meeting was conducted with residents of the area on July 30^th and sufficient interest in reapplying for grant funds was found. The residents asked that the staff consider installation of a 2-inch water line. However, they do not want a thru street. Mr. Leaman moved that the Water Committee determine the cost to upgrade the water line and acquisition of property. Also, that a plan be prepared in the event that the project is not funded by CDBG. Mr. Burkett seconded the motion. Council approved the same by vote of 5 AYES and 0 NOES. Mr. Clark advised that $880,000 portion of the Town’s match for CDBG is allocated for installation of the water line.

DRAINAGE SITUATION ON 609 CHATHAM HILL ROAD AND 826 HENRY STREET: Mr. Hicks reported that drainage from Sprinkle Avenue runs thru a ditch line which serves Chatham Hill Road and Henry Street. He stated that the fence located on Chatham Hill does not hamper the drainage. Mr. Hicks advised that the old cul-de-sac drained thru a ditch line. One of the residents filled in the ditch line. Town staff continues to work with property owners.

DOWNTOWN DAYS: Mr. Heath reported that a large crowd estimated at 5,000 enjoyed "Downtown Days". There were 15 Chili Teams in the Chili Cook off and 40 cars in the car show. Council members commended the clean up efforts of town crews for a "job well done". Mayor Helms stated that it was very successful.

PAVING AT CITIZENS CENTER AND POLICE DEPARTMENT: Upon motion of Dr. Gates, seconded by Mr. Cregger and vote of 5 AYES and 0 NOES, this item was continued. According to Mr. Hicks consideration is being given to sealing the parking lot instead of paving. Cost of paving is estimated at $8,911 and cost to seal and stripe is estimated at $1,100.

STREET COMMITTEE-POSSIBLE STREET ADDRESS CHANGES-911: Mr. Clark stated a meeting will be scheduled with the E-911 Committee and Street Committee to discuss this matter.

STREET COMMITTEE-CURB AND GUTTER REPAIR: Mr. Hicks advised that the Street Committee will identify areas in need of curb and gutter repair.

STREET COMMITTEE-WATER DAMAGE AT MRS. EVELYN GROSECLOSE ON CULBERT DRIVE: A claim has been filed with VML, the Town’s insurance carrier.

STREET COMMITTEE-DEDICATION OF CALLAN DRIVE AND POSSIBLE DEER CROSSING SIGNS: Mr. Hicks advised that he has discussed the speed limit on Callan Drive with VDOT. They will determine if the 25 mph is appropriate for this street. "Deer Crossing" signs have been ordered. The Street Committee will determine a dedication date for Callan Drive.

STREET COMMITTEE-PARKING IN FRONT OF MARION FLOWER SHOP: Mayor Helms stated that the parking space in front of Marion Flower Shop has been re-established. The parking space was removed temporarily during renovation to downtown.

STREET COMMITTEE-DRAINAGE PROBLEMS-BOB HURLEY AT 853 MIDDLE AVENUE AND FRANCES HOLBROOK AT 520 GORDON AVENUE: The Mayor, Town Manager and Street Committee will meet with Mr. Hurley, 853 Middle Avenue concerning his drainage problem.

PLANNING GRANT: Mr. Heath reported that he is working with the Recreation Director on possible grant funding for community space. The Town is in need of gymnasium space for its girls and boys basketball programs. The Town currently uses the Middle and Intermediate School gyms for their programs. VHSL will now schedule boys and girls seasons to coincide at the Middle and High School levels. Therefore, gym space will not be available as before. Contacts have been made with Rural Development, the NBA, and CDBG. CDBG has notified the Town that the project would not qualify, as there is no community development outcome. Also if the project is considered, it could be in competition with the Gilman Street grant request.

PURCHASE OF DOWNTOWN PROPERTY FOR THE PURPOSE OF CONSTRUCTING A PARKING AREA: Mr. Don Jones requested that the Town Council consider purchase of certain Main Street property, known as Corner Cafeteria and Ervin’s Market, leveling the existing structures and developing a parking area. Mayor Helms asked that the Town Manager schedule a meeting with the appropriate Committee to consider this suggestion.

MARION TRANSIT: Mayor Helms noted that Marion Transit shuttled approximately 500 people to the Hungry Mother Arts and Crafts Festival, July 19, 20, 21, 2002.

PERSONNEL COMMITTEE-REPORT ON JOB CLASSIFICATIONS: Mr. Clark reported that the Personnel Committee has met with the Virginia Tech representative and continue to develop a new "Classification/Pay Plan" including job descriptions, personnel policy, and grievance procedure.

WASSONA CIRCLE-SPECIAL TAX DISTRICT: Mr. Fenyk reported that certified letters have been mailed to those affected individuals and the Town awaits their response. Each letter contained the square footage and cost of installation for each property. Mr. Fenyk advised that a letter of correction must be mailed to one of the individuals.

BOAT RACE-ROTARY CLUB: Mayor Helms informed Council members that the Rotary Club is sponsoring a Boat Race at Hungry Mother State Park on August 31, 2002. Members were in agreement to participate. The boats must be constructed of plywood, two by fours and duct tape. Mr. Heath will coordinate the construction of the Town’s entry.

PATRIOT’S DAY CELEBRATION: Mr. Heath reported that plans are underway for the Patriot’s Day Celebration on September 11, 2002 at 6 pm. This will be a countywide affair. There will be music and a short program. All County high school bands have been asked to participate. It has been suggested that emergency personnel and vehicles line the street with their lights displayed. Mr. Heath requested that Main Street be closed from 5:45 p.m. to 7:00 p.m. from Sheffey Street to Commerce Street. Council approved the request upon motion of Mr. Heath, seconded by Dr. Gates and vote of 5 AYES and 0 NOES. Mr. Heath will coordinate the event with Chief Roberts.

TOWN AND COUNTRY BBQ: Mr. Helms informed Council that the Annual Town and Country BBQ was very successful and well attended this year.

AMERICAN ELECTRIC POWER INCREASE: Mr. Fenyk advised that AEP would be soliciting a fuel factor rate increase. This does not affect the Town’s contract with them.

Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the meeting was adjourned.