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 January 6, 2003 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Buford Cregger, Eugene Hendrick, Mel Leaman, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Police Chief Michael Roberts; Town Engineer Cecil Hicks; and Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and Mayor Helms led the Pledge to the Flag.
MINUTES: Mr. Heath corrected the minutes with regard to discussion of possible joint property acquisition for economic development. Mr. Heath and Dr. Gates abstained from voting. The vote should have been 5 AYES and 2 ABSTENTIONS. Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the minutes of the meeting of December 16, 2002 were approved as corrected. Messrs Burkett, Heath, Cregger, Hendrick, Leaman and Dr. Gates voted affirmatively.
VISITORS: Neil Castrodale, Dan Surface, Bob Ramsey, Alice Freeman, Cameron Wolfe, Duncan McGregor, Sgt. Andrew Moss and Police Officer Rusty Hamm.
BANK OF MARION: Mayor Helms read a letter from Bank of Marion Branch Manager Judy Cregger. The Royal Oak Branch of the Bank of Marion was robbed on December 26, 2002. Mrs. Cregger expressed appreciation for the prompt response of the Marion Police Department and their cooperation with other local law enforcement agencies with regard to the robbery. The alleged robbers have been apprehended.
PUBLIC HEARING TO CONSIDER GARBAGE COLLECTION IN THE DOWNTOWN DISTRICT FOR BUSINESSES, NON-PROFIT ORGANIZATIONS, CHURCHES AND GOVERNMENTAL AGENCIES: Town Council considered an amendment to the Town Code of Ordinances with regard to garbage collection. The proposed amendment is as follows: The Town of Marion shall offer collection of garbage for: 1) Those businesses located in the Downtown District at a rate to be determined by the Town Manager; 2) Non-profit organization and churches at a rate to be determined by the Town Manager; and 3) Existing governmental agencies at a rate to be negotiated by the Town Manager based upon the amount of trash generated and the number of pickups requested per week. Participation in the garbage collection for Downtown Businesses, non-profit organizations, churches and governmental agencies is not mandatory. The current proposal is to charge $40 per month for businesses, non-profit organizations and churches. Mayor Helms opened the Public Hearing. There was no public comment on the proposed amendment. Upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 3 AYES, 1 NOE (Leaman), and 2 ABSTENTIONS (Heath, Cregger) the amendment was adopted. Mr. Leaman stated that he was not in opposition to garbage pickup for businesses, however, he felt that the amendment was not equitable for all businesses in Town, only those in the Downtown Special Tax District.
Dr. Gates moved that the implementation of the amendment to the Town Code of Ordinances be at the discretion of the Town Manager, no later than March 1, 2003. Mr. Hendrick seconded the motion. Council approved the same by a vote of 5 AYES and 1 NOE (Leaman).
JOINT PUBLIC HEARING WITH MARION PLANNING COMMISSION TO CONSIDER REQUEST TO REZONE PARCEL OF PROPERTY AT CORNER OF RIVER AND NORTH CHURCH STREETS FROM INDUSTRIAL GENERAL TO RESIDENTIAL: Mrs. Alice Freeman, Marion Planning Commission Chairman, informed Council of the request to rezone property located at the intersection of River Street and North Church Street from Industrial General to Residential (R2). Charles Lincoln, Robert Lincoln, and Ralph Lincoln own the property. The Lincoln family hopes to secure development in this area. Staff recommendation was to approve the rezoning request subject to the following conditions:
1) That the applicant abide by all Federal and State laws along with all local ordinances in general and with the local ordinances concerning land use, noise, parking, and storm water management.
2) The Town Engineer shall approve the location and design of any new curb cut or modification of existing curb cuts.
3) That off-street parking is provided in accordance with Section 16.3 of the Zoning Ordinance.
4) That the owner shall provide for engineered management of storm water on the property if more than 1,000 sq. ft. of existing vegetative area is concerted into impervious surface.
Mrs. Freeman advised that adjoining property owners have been notified concerning the rezoning request. No one was present to speak for or against the request.
Mayor Helms called a brief recess to allow Marion Planning Commission members, Mrs. Freeman, Cameron Wolfe, Bob Ramsey, Duncan McGregor and Secretary Cecil Hicks to deliberate on their recommendation.
Mayor Helms reconvened the Joint Public Hearing. Mrs. Freeman stated that the recommendation of the Marion Planning Commission is to rezone the property from IG to R2. She announced that the vote was unanimous (4 AYES, 0 NOES).
Mr. Cregger moved that Council accept the recommendation of Marion Planning Commission and that the property be rezoned to R2. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Heath, Cregger, Hendrick, Burkett, Leaman and Dr. Gates voted affirmatively.
SMYTH COUNTY HABITAT FOR HUMANITY ON GILMAN STREET/EAST CHILHOWIE STREET HOUSING PROJECT- DAN SURFACE AND NEIL CASTRODALE: Mr. Surface stated that Habitat for Humanity, a not-for-profit Corporation of Virginia, has a mission of eliminating poverty housing and homelessness in Smyth County. To date, they have constructed four (4) homes. He further stated that Habitat for Humanity is willing to assist the Town of Marion on CDBG projects, present and future, and to work with the Town on securing properties for these homes. He noted that construction schedules depend upon availability of funds. Construction funds are derived entirely through the generosity of Businesses, Corporations, Fraternal and Civic Organizations, Churches, and Individuals who contribute properties, funds, equipment and labor. Funds for home construction cannot be accepted from governmental bodies. Habitat for Humanity depends upon governmental bodies to donate properties and/or infrastructure. Smyth County Habitat for Humanity has a goal to construct at least one home per year. A letter of support for current and future CDBG projects with the Town will be submitted with the Town's grant application. It was the consensus of Council that a review of Town property be made to determine if any parcels are available for use as Habitat for Humanity building lots and are owned by the Town or residents.
HABITAT FOR HUMANITY 5K FUN RUN: Neil Castrodale requested permission to conduct the annual Habitat for Humanity 5K Fun Run. The race will be held on Saturday, May 17 from 9 am to 10:30 am. The race would follow the previous route and would be coordinated with Marion Police Department Chief Roberts. Mr. Heath moved that Council approve the HH 5K Fun Run. Mr. Leaman seconded the motion. Council approved the same by vote of 6 AYES and 0 NOES.
RESOLUTION HONORING MARLEY MOULDINGS: This item was continued.
APPOINTMENT OF COUNCIL MEMBERS FOR CHAMBER OF COMMERCE ADVISORY COMMITTEE-TOWN MANAGER: Mr. Clark announced that Mr. Heath and Dr. Gates have been selected to serve on the Chamber of Commerce Advisory Committee.
SITUATION WITH PRESCOTT AVENUE EXTENTION ADDRESSES-TOWN MANAGER: Mr. Clark reported that he had discussed this matter with E-911 Coordinator Shannon Williams. Mr. Williams advised that there are two (2) residents affected by this matter. One is in favor of the change and the other is in opposition. The residents currently have a Prescott Avenue address, however, the property is accessed from Wolfe Avenue and is not connected to Prescott Avenue. Concern has been expressed for response to the residences from emergency services. Notices were hand delivered to the residences by MPD. Discussion ensued. Several Council members asked if the residents are also the property owners or if these are rental properties. Dr. Gates moved that this item be continued awaiting the determination of ownership of the properties. Mr. Leaman seconded the motion. Council approved the motion by vote of 6 AYES and 0 NOES.
REAPPOINTMENT TO PLANNING COMMISSION-BOB RAMSEY: Upon motion of Mr. Burkett seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Mr. Ramsey was reappointed to a four (4) year term with the Marion Planning Commission. His commission will expire on 11/9/06.
RESCHEDULE TOWN COUNCIL MEETING OF JANUARY 20, 2003: Upon motion of Mr. Heath, seconded by Mr. Cregger and vote of 6 AYES and 0 NOES, the next meeting has been rescheduled to 1/21/03 at 7:00 p.m.
INTRODUCTION OF NEW EMPLOYEE-POLICE OFFICER RUSTY HAMM: Police Chief Michael Roberts introduced new Police Officer Rusty Hamm. Mr. Hamm is a graduate of Marion Senior High School and holds an Associates Degree in Criminal Justice from VHCC. He is married to Ashley and resides on Coyner Avenue. Officer Hamm will attend the Police Academy beginning in February 2003.
PERSONNEL AND FINANCE COMMITTEE ON CLASSIFICATION AND PERSONNEL PLAN: This item was continued.
BUILDING COMMITTEE ON REQUEST FOR RENOVATIONS OF HAPPY'S BUILDING: This item was continued.
REPORT FROM WATER & SANITATION COMMITTEE ON FIVE YEAR PLAN: This item was continued.
VML LEGISLATIVE DAY: Mr. Leaman advised that he, Mr. Clark and Mayor Helms will attend the VML Legislative Day in Richmond on January 22 and January 23. State cuts in funds will affect all Towns and Counties. Highway 58 will be discussed and legislation may be introduced to all manufactured homes in R-2 districts. He asked that members of Council contact him with concerns that they would like to see addressed at this meeting.
NEW BUSINESSES: Mr. Heath stated that he had talked with Mr. Clark concerning notification of the purchase of new business licenses to Marion Downtown! He felt that this would enable his office to visit new businesses.
TOUR OF HOMES: Mr. Heath advised that 200 people participated in this event. This was more than expected and soon plans will be underway for a Tour of Homes next Christmas season.
SILENT ALERT SYSTEMS: Mr. Heath stated that an article in the Virginia Town & City Magazine presented a Silent Alarm System in Herndon, Virginia. He plans to gather additional information and report back to Town Council.
CITIZEN PLEASED: Mayor Helms stated that recently a resident of Cumberland Heights expressed his pleasure with the Town of Marion during the recent drought. He was very complimentary. He also commended the Town for the effective snow removal this winter.
FIRE TRUCKS: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, Council approved the change order to provide aerial fire trucks more expeditiously. Two (2) demo trucks were available with larger engines and larger motors. These will be delivered. One has been received and is in service.
BUSINESS LICENSES: Ms. Sheets advised that Business and Professional Licenses are on sale and must be purchased on or before January 31, 2003.
CLOSED SESSION-A DISCUSSION OF PROPERTY ACQUISITION FOR HOUSING PROJECT-GILMAN STREET/EAST CHILHOWIE STREET CDBG PROGRAM-JUSTIFICATION CODE OF VIRGINIA, AS AMENDED 2.2-3711 A3): Pursuant to VA. Code Section 2.2-3711 A3 and upon motion of Mr. Hendrick, seconded by Mr. Burkett, and vote of 6 AYES and 0 NOES, Council entered into Closed Session to discuss land acquisition identified above. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified were discussed during Closed Session. Mr. Burkett seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Burkett, Leaman, Hendrick, Heath, Cregger and Dr. Gates voted affirmatively.
Dr. Gates moved that the Town of Marion propose to purchase the property from J. D. Blevins and C. O. Overbay, Inc. for $80,000 with an $8,000 option to be applied to the price if/when the property is purchased. Mr. Burkett seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Burkett, Cregger, Hendrick, Heath, Leaman and Dr. Gates voted affirmatively.
ECONOMIC DEVELOPMENT: Town Council directed Mr. Clark to gather information and consult with the Mayor on convening a Special Meeting.
Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.
Minutes of a Special Called Meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on January 16, 2003 at Noon.
PRESENT: Mayor David P. Helms; Samuel Burkett, Buford Cregger, Ken Heath, Eugene Hendrick, Mark Warren and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr. and Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Burkett rendered the invocation. Mayor Helms led the Pledge to the Flag.
CLOSED SESSION-PURSUANT TO CODE OF VIRGINIA 2.2-3711 (A3)-DISCUSSION OF CONSIDEREATION OF THE ACQUISITION OF REAL PROPERTY FOR A PUBLIC PURPOSE: Mr. Hendrick moved that Council enter into Closed Session to discuss acquisition of real property for a public purpose. Mr. Warren seconded the motion. Council approved the same by vote of 6 AYES and 0 NOES. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified were discussed during Closed Session. Mr. Warren seconded the motion. Council approved the same by vote of 6 AYES and 0 NOES. Messrs Burkett, Heath, Warren, Cregger, Hendrick and Dr. Gates voted affirmatively.
LAND ACQUISITION: Mr. Hendrick moved that the Town have a representative at the auction of the Ruby Allen Estate property and bid not to exceed $60,000. It was noted that Smyth County has authorized up to $20,000 in partnership with the Town to purchase this property with the Town providing $40,000. Mr. Hendrick included that Smyth County may wish to increase their interest in the property to 50%. Thus, the Town and County would share the cost at $30,000 each. Dr. Gates seconded the motion, which carried by a vote of 5 AYES and 1 ABSTENTION (Cregger). Messrs Burkett, Heath, Warren, Hendrick and Dr. Gates voted affirmatively.
Mayor Helms excused Dr. Gates from the meeting.
LAND ACQUISITION: Mr. Hendrick moved that Council enter into Closed Session to discuss acquisition of real property for a public purpose. Mr. Warren seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified were discussed during Closed Session. Mr. Heath seconded the motion. Council approved the same by vote of 5 AYES and 0 NOES. Messrs Burkett, Heath Warren, Hendrick and Cregger voted affirmatively.
Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the meeting was adjourned.