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 February 18, 2003 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Buford Cregger, Eugene Hendrick, Mel Leaman, Mark Warren 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: Cecil Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Mr. Warren corrected the minutes stating that Rev. Charles DeHart rendered the invocation on 2/3/03. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, the minutes of the meeting held 1/21/03 were approved as corrected. Messrs Cregger, Hendrick, Leaman, Warren, and Dr. Gates voted affirmatively.
VISITORS: Beverly Widener, Willis Widener, Josh Widener, John Tilson, David “Sport” Richardson, James McNeil
FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT: A public hearing was held to solicit public input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding. No one from the public offered suggestions for potential projects. Mayor Helms closed the public hearing.
APPOINTMENT TO MARION PLANNING COMMISSION: Two (2) positions on the Town of Marion Planning Commission will become available on 3/31/03.
Mr. Leaman moved that M.J. Hubble be appointed to serve on the Marion Planning Commission. Dr. Gates seconded the motion. Council approved the appointment by a vote of 5 AYES and 0 NOES. It was noted that Mr. Hubble has agreed to serve.
The other appointment to the Marion Planning Commission was continued.
NOTICE ON EAST CHILHOWIE STREET BRIDGE FROM VDOT-TOWN MANAGER: Mr. Clark advised that Congress is expected to re-allocate T-21 funding. The Chilhowie Street Bridge Project will be reconsidered.
REQUEST FROM W&L CONSTRUCTION COMPANY, INC. ON REZONING LOTS AT HUNGRY MOTHER ESTATES-ZONING ADMINISTRATOR: The following requests for rezoning were received from W-L Construction Company, Inc. for Hungry Mother Estates:
Medical – Lots 25, 26, 27, 42, 43 Commercial – Lots 1, 12, 95 & 96 Remaining Lots to be Rezoned from R-2 & R1 9.711 Acres to be Rezoned for Use as a Gated Community
SUBMISSION OF VIRGINIA TOBACCO COMMISSION GRANT-TOWN MANGER: Mr. Clark noted that the Town of Marion has submitted an application for a Virginia Tobacco Commission Grant. He expressed his appreciation for all who worked on the application.
ACCOUNTS: Mr. Warren moved that $975,225.53 be approved for payment from the General Fund. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Cregger, Leaman, Hendrick, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 5 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Cregger, Leaman, Hendrick, Warren and Dr. Gates voted affirmatively.
REPORT FROM LINCOLN THEATRE FOUNDATION-JAMES MCNEIL AND DAVID “SPORT” RICHARDSON: Mr. Richardson and Mr. McNeil spoke on behalf of the Lincoln Theatre Foundation. They informed Council that the construction phase has begun. The architect for the project is Spectrum Design of Marion and Burwil Construction of Bristol is the contractor. They are currently in the demolition phase removing debris. Seats have been sent to American Seating for refurbishing. The murals have been removed and are being stored by Conrad Smith Company. The Conrad Smith Company specializes in mural restoration. This phase is expected to be completed in 6-7 months. At that time, volunteers will assume temporary possession to perform painting duties. This should take approximately two (2) months. Then Burwil Construction will install seats and complete the first construction phase. The Foundation will secure a construction loan with a local bank and apply for tax credits. They also intend to seek additional funding for additional state-of-the-art equipment, such as, lighting, sound, films and movies. Some items, such as, the balcony, some bathrooms and some dressing rooms have been delayed until a later phase of the project.
Mr. Richardson gave an overview of the $1.5 million cost of this phase of construction: $850,000 in private grants and contributions; $450,000 Historical Tax Credit; $200,000 from the Commonwealth of Virginia; and $75,000 from the Town of Marion, plus the Town’s in-kind contributions and operational monies.
Mr. McNeil presented a rendering of the completed restoration project. Seating capacity, with balcony seats, will be 516.
NOTICE OF VDOT PRE-ALLOCATION-MAYOR: Council was informed that the Commonwealth Transportation Board Pre-Allocation Hearing for the Bristol Transportation District will be held on March 4, 2003 from 9:30 a.m. until 12:00 Noon at Virginia Highlands Community College in the Learning Resource Center Auditorium, Abingdon, VA. Mayor Helms suggested that the Town send a letter to express the Town’s concerns about the Church Street Project. Mr. Hendrick suggested that the remainder of the Biking Trail Project and area rail service be included in the letter. Dr. Gates moved that the Town Manager draft a letter expressing the Town’s concerns and proposed project list. Mr. Leaman seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.
NOTICE OF ADVERTISEMENTS FOR WATER LINE PROJECTS AND PURCHASING DEPARTMENT-ENGINEER: Mr. Hicks advised that sealed bids will be accepted until 1:00 p.m., March 7, 2003 for Water Line Improvements in three (3) areas of Town - Matson Drive, Route 16 South, and Transquility Lane. A pre-bid meeting will be held on February 27, 2003 at 1:00 p.m. at the Town Hall. These projects involve installing water line and setting water meters.
Mr. Hicks advised that there is an urgent need to remodel and enlarge the Purchasing Department. The plans and specifications are completed and ready to bid.
REQUEST TO HOLD FIRST TIME SUPERVISORS TRAINING THROUGH UNIVERSITY OF VIRGINIA INSTITUTE OF GOVERNMENT-TOWN MANAGER: Mr. Clark advised that Supervisor Training will be conducted on Wednesday, March 26, 2003. The Institute of Government would like to have 20-25 first-time supervisors in attendance. Mr. Clark stated that the Town has 6-8 potential candidates and he plans to invite surrounding local governments to participate in the training. Cost per person is $75.
Dr. Gates moved that Council allow Mr. Clark to pursue first-time supervisor training and invite those interested from other localities. Mr. Warren seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.
NOTICE OF PENDING MEETING ON SMYTH COUNTY WATER & SEWER METERS-TOWN ENGINEER/TOWN MANAGER: Mr. Hicks stated that some of the wholesale meters must be replaced as they are inoperable or incorrectly calibrated. The Committees and Attorney will review the Contracts and Agreements with Smyth County on these issues.
REQUEST TO RELOCATE RED BIRD TAX SERV ICE: Police Chief Roberts stated that a request to move the location of the office of the Red Bird Taxi Service to 330 N. Main Street. The request also includes a request for six (6) taxi cabs.
Town Attorney Mark Fenyk stated that there are several items in the current Town Ordinance with regard to Taxi Cabs that should be reviewed. Mr. Leaman moved that the Taxi Cab Ordinance be referred to the Ordinance Committee for review and recommendation. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.
911 COMMITTEE-CONSIDERATION OF CHANGES IN AGREEMENT WITH REGARD TO COMMITTEE MEMBERS: Mr. Leaman moved that this item be tabled. Dr. Gates seconded the motion. Council approved the motion by a vote of 5 AYES and 0 NOES. Mr. Fenyk noted that the current agreement does not have a mechanism to make changes. He further stated that according to the signed agreement, the motion to adopt the document was made by a staff member rather than a voting member. He advised that the Town can not consider this request until Board members make appropriate adjustments to the current agreement.
Mr. Leaman added that the Town should be considering weather or not to renew the 911 Committee. The agreement will expire in the coming months.
REPORT FROM FINANCE COMMITTEE ON HEALTH INSURANCE: Mr. Heath had suggested that the Committee consider using the surplus $40,000 budget allocation for adjustments to salaries to off-set some of the health insurance increase. Dr. Gates moved that the Town participate in the cost of insurance at 75% for all types of health insurance coverage. Mr. Warren seconded the motion. The motion carried by a vote of 3 AYES, 1 ABSTENTION (Mr. Leaman) and 1 NOE (Mr. Cregger). Council also asked that the carrier give a rate quote to get the insurance year in line with the Town’s fiscal year.
REQUEST TO CLOSE THIRD STREET: Mr. Hendrick stated Council acknowledges that the approval of the closure of a portion of Third Street is null and void due to the fact that 17 months have passed and the surveys have not been performed nor the deeds recorded.
HOWER: Dr. Gates informed Town Council that MSHS graduate, Fleet Hower, competed in the National Junior Cross-Country Track Meet in Houston, Texas. There he qualified to represent the United States in the International Junior Cross Country Track Championship to be held in Switzerland.
OLD PEPSI BUILDING/GANDHI: Mr. Warren asked for clarification of the condition of sale for the former Pepsi Building located on North Main Street and purchased by Dr. Krishan Gandhi. He was concerned about the condition of the building.
This brought up the matter of Care of Premises as addressed by the Town Code. It was noted that the Town has requested that the Smyth County Building Inspector’s Office condemn unsafe and unsanitary property. The Town has been informed that no one in that office is qualified to perform these duties and the Town would have to employ someone for that purpose. Mayor Helms referred to the Sanitation Committee for consideration.
SPOT BLIGHT: Mr. Clark stated that Marion Redevelopment and Housing Authority Executive Director Charles Harrington has advised that the MRHA has the authority, by Code, to perform “spot blight” determination. This would allow the Town to better regulate dilapidated property in otherwise well-kept neighborhoods. He suggested that the Town may wish to consider this possibility.
FIRE TRUCK PURCHASE: Mr. Fenyk advised that several attempts have been made to contact C.W. Williams Company concerning the new Fire Trucks. His calls have not been returned.
FREEDOM OF INFORMATION PAMPHLETS: Mr. Fenyk advised that updated pamphlets are available.
CONFERENCE : Mr. Fenyk stated that the Town Manager and Zoning Administrator may wish to attend a Zoning and Land Use Conference in March, 2003. If interested, they may contact him directly.
DEER PROBLEM: Chief Roberts reported that 13 deer have been killed by automobiles since July, 2002. All but one have been killed on Callan Drive, Park Boulevard, and Prater Lane.
GILMAN STREET: It was noted that a Community Meeting on the Gilman Street Project will be held at 5:15 p.m. on February 26, 2003 at the Marion Recreation Building.
RENEWAL OF THE DOWNTOWN SPECIAL TAX DISTRICT: Mr. Clark advised that a public hearing must be held to consider renewal of the Downtown Special Tax District. The hearing will be held on March 17, 2003 at 7:00 p.m. in the Municipal Building.
CIGARETTE TAX: Mr. Clark informed Council that Ms. Sheets will present a program on the Cigarette Tax Ordinance to the Region I Clerk/Treasurers Meeting in Big Stone Gap, VA on February 19, 2003. These localities propose to institute the Cigarette Tax for the next fiscal year.
CLOSED SESSION-DISCUSSION OF POSSIBLE REAL ESTATE ACQUISITION-JUSTIFICATION CODE OF VIRGINIA, AS AMENDED 2.2-3711 (3): Mr. Hendrick moved that Council enter into Closed Session for the purpose of discussing possible real estate acquisition. Mr. Leaman 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 identified in the motion and legally exempted from Open Session were discussed in the Closed Session just concluded. Mr. Leaman seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Hendrick, Cregger, Warren, Leaman, and Dr. Gates voted affirmatively.
Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the potential land acquisition was dropped from the agenda.
Dr. Gates moved that Mr. Heath’s input is necessary for the other potential real estate acquisition and that it be continued. Mr. Hendrick seconded the motion. Council approved the continuance by a vote of 5 AYES and 0 NOES.
Upon motion, duly seconded and vote of 5 AYES AND 0 NOES, the meeting was adjourned.