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 April 7, 2003 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Buford Cregger, Eugene Hendrick, Dr. James Gates and Mark Warren, Council Members; Town Manager John E. B. Clark, Jr.; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks and Engineer’s Assistant C. T. Eagle, Sr.
MINUTES: Mr. Warren corrected the minutes stating that Mr. Heath, not Mr. Hicks informed Town Council of the proposed Theme Park to be located somewhere in Virginia. Upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, the minutes of the meeting of 3/17/03 were approved with the correction noted. Messrs Burkett, Warren, Hendrick, Cregger, Heath and Dr. Gates voted affirmatively.
VISITORS: Nancy Purefoy, Barbara Stanback, Willis Widener, Beverly Widener, Sid Collier, Jeff Spickard, Willis Bridgeman, Lee Lowe, Bobby Tuck, Reverend Charles DeHart.
INVOCATION/PLEDGE TO THE FLAG: Rev. Charles DeHart of Grace United Methodist Church rendered the invocation. Mayor Helms led the Pledge to the Flag.
PROPOSED REVISIONS TO THE TOWN ORDINANCE CODE WITH REGARD TO TAXI CAB SERVICES: Mayor Helms opened the Public Hearing to consider changes to the Town of Marion Code of Ordinances Section 82-2 and Section 82-4. Representatives of Diamond Cab and Red Bird Cab Companies were in attendance. Police Chief Michael Roberts gave an overview of the proposed amendments to the Code of Ordinances. Among those were: 1) Stickers to be placed on vehicles after police inspection at a charge of $5 per vehicle; 2) Taxi cab vehicles out of service for 72 hours must remove the inspection sticker issued by MPD; 3) If a vehicle is out of service for two (2) weeks, due to mechanical problems, it will be considered permanently out of service for taxi cab service; 4) Penalties assessed for violation of the Vehicle for Hire regulations will be set at no less than $25 nor more than $100 for the first offense and not less that $100 nor more than $500 for the second offense.
Sid Collier spoke on behalf of Diamond Cab. He stated that the regulation concerning color schemes for taxi vehicle would be too expensive for local companies. Mr. Fenyk explained that the “diamond” and “red bird” would suffice to determine the differences between the current taxi companies. Color of the vehicle is not regulated. Another concern of Mr. Collier was that drivers, at Diamond Cab Company, are independent drivers and that the company may not be aware of accidents that are to be reported immediately to the Chief of Police. It was clarified that reporting an accident to the Marion Police Department would be sufficient as the officers act on the Chief’s behalf when he is not on duty. Mr. Collier cited the fact that out-of-town companies come into Marion and answer calls. Council members explained that the use of MPD inspection stickers would assist officers in determining that these other vehicles are in violation of the Town’s Ordinance. Mr. Collier summed up his comments with the statement that cab companies cannot afford additional government regulations. He suggested less government regulations, less interference and for the Town Council to all-them to do their jobs.
Beverly Widener spoke on behalf of Red Bird Cab Company. She was totally in favor of the color scheme portion of the ordinance.
Dr. Gates asked what situations prompted the Chief of Police to seek these amendments. Chief Roberts stated that magnet signs were being moved from one vehicle to another that had not been necessarily inspected by the Police Department as required by the Code of Virginia regulations. Marking all taxi vehicles with a “diamond” or “red bird” will help authorities to determine “for hire” vehicles and stickers on the same vehicles will identify these as properly inspected taxi cabs. Dr. Gates informed those present that the regulations were put into place to correct these problems and for the Town to adhere to Virginia law, which specifies that Town Council administer them.
Mr. Collier stated that downtown has many empty storefronts. Council took exception to this statement noting some of the businesses that have relocated from downtown and the reasons for their relocation.
The subject of a game room at Diamond Cab Company was brought up even though it did not relate to Ordinance amendments. Mr. Heath explained that the game machines throughout the Town of Marion are regulated by license and that as long as Diamond Cab operates primarily as a taxi service the game located at the site may be permitted as any other in the Town of Marion by a Town of Marion license issued by the Town Clerk.
Upon motion of Dr. Gates, seconded by Mr. Burkett and vote of 6 AYES and 0 NOES, the Ordinance was amended as presented. Messrs Burkett, Hendrick, Cregger, Warren, Heath and Dr. Gates voted affirmatively.
REPORT ON PUBLIC INFORMATION MEETING ON HUNGRY MOTHER ESTATES-ZONING ADMINISTRATOR: Mr. Hicks stated that a Public Information meeting was held on March 25 to discuss the proposed Hungry Mother Estates sub-division and rezoning requests on certain lots. Mr. Ken Taylor made a presentation and explained the plans. Approximately 45 citizens were present with 17 expressing their comments. Planning Commission continues to study this project.
NOTICE OF FIRE TRUCK PAYMENT-TOWN CLERK: Ms. Sheets reported that one (1) 2002 HP75 Ladder truck has been received, equipped and ready for service, by the Marion Volunteer Fire Department. A cashier’s check in the amount of $659,872.50 has been forwarded to C.W. Williams Fire Equipment Specialists in Rocky Mount, NC 27804 on April 1, 2003. Title to the vehicle was received April 4, 2003. Training sessions on the new vehicle have been completed.
TEA-21 MEETING IN MARION ON APRIL 3, 2003-TOWN MANAGER: Mr. Clark reported that he discussed the Bikeway Project information submitted by the Town on October 24, 2002 and that the Town has had no response. He was assured that the representatives would review this matter. Mr. Clark advised that other Tea 21 project applications are currently being accepted.
RESPONSE FROM ADELPHIA CABLE TV: Mr. Clark reported that Hilda Sexton, General Manager for Adelphia Cable Company has responded to the Town’s complaints concerning reception of certain channels on the system. She cited interference problems with WCYB-5 due to harsh winter weather and possibly a faulty transmitter, which as been repaired. Technicians to obtain a correct signal are addressing interference problems with WDBJ-7. Mr. Cregger advised that the problems persist. Mr. Heath also noted that the cable is supposed to be extended to all Town of Marion residents. This has not been the case. This matter was referred to the TV Cable Committee for study. Mr. Fenyk advised that federal law regulates cable companies.
RESOLUTION ON HEALTH DEPARTMENT GRANT-GILMAN STREET: Mr. Clark explained that the resolution presented authorizes the Town of Marion to seek funding from the Virginia Department of Health-Division of Drinking Water in the amount of $49,933 to replace the Water Line on Gilman Street. Upon motion of Mr. Burkett, seconded by Mr. Warren, and vote of 6 AYES and 0 NOES, the Resolution was adopted.
Jeff Spickard stated that funding is very limited but that the Town should continue to apply. Dr. Gates stated funds are limited for projects and are often based on the fact that local money may be available (savings) or that current rates, such as water and sewer, are not sufficient to warrant additional funding in the form of grants.
RESOLUTION ON REQUEST TO VDOT TO ACCEPT CALLAN DRIVE INTO THE MAINTENANCE SYSTEM OF THE TOWN OF MARION: Mr. Helms read the Resolution to request that Callan Drive be accepted into the Maintenance System of the Town of Marion and eligible for maintenance funds by VDOT. Upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 6 AYES and 0 NOES, the Resolution was adopted and approved to be forwarded to VDOT for consideration. Messrs Burkett, Cregger, Hendrick, Warren, Heath and Dr. Gates voted affirmatively.
CARNEGIE ALUMNI ASSOCIATION-BARBARA STANBACK: Barbara Stanback and Nancy Purefoy were present on behalf of the Carnegie Alumni Association to request that Iron Street be closed in the area of Mt. CAP and Steele Park at the Corner of Iron and Orange Streets and the corner of Walnut and Iron Streets for a Block Party. The Block Party will be held during the Carnegie High School Reunion on July 11, 2002. Mr. Cregger moved that the request be approved unless Chief Roberts finds a deterent and that the Carnegie Alumni Association work with Chief Roberts on the event. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. The Town of Marion will provide barricades and trashcans for the event.
REQUEST FROM DR. KRISHEN GANDHI ON GARBAGE PICKUP-TOWN MANAGER: Dr. Gandhi had be notified that his business is located outside the Downtown District and is not eligible for garbage pick up according to Town Ordinance and that the Town will discontinue garbage pickup at the Rejuvenation Center on 4/1/03. Following discussion, the Town Manager was directed to contact Dr. Gandhi and inform him that the Town considered his request but shall abide by the Ordinance. His garbage must collect by himself, a commercial carrier or other means.
RESOLUTION ON APPALACHIAN REGIONAL COMMISSION FUNDING: Mr. Helms read a resolution in support of restoring funds to FY 2004 Appalachian Regional Commission Budget. Upon motion of Mr. Burkett, seconded by Mr. Warren, and vote of 6 AYES and 0 NOES, the Resolution was adopted and directed to be delivered to MRPDC. Messrs Burkett, Heath, Cregger, Hendrick, Warren and Dr. Gates voted affirmatively.
TECHNOLOGY COMMITTEE-TUCKER PROPOSAL ON GIS LAYERS & MAPPING: Engineer’s Assistant C.T. Eagle, Sr. informed Council that mapping has been updates and contours completed. Requests for Proposals were advertised. Tuck Engineering submitted the only bid in the amount of $42,700. $45,000 was budgeted for this project. Council was reminded that the project was delayed to allow for more accurate and clear information. Mr. Eagle explained that he has requested necessary information from the Commonwealth of Virginia and that the project will begin upon receipt of these documents. Mr. Tuck advised that the project could be completed within 60 days from receipts of the information. Mr. Hendrick moved that the GIS Layers & Mapping be awarded to Tuck Engineering to create new mapping at a 1-100 scale with layers as listed at a cost of $42,700. Mr. Warren seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Burkett, Heath, Cregger, Hendrick, Warren and Dr. Gates voted affirmatively.
GAME ROOM: Mr. Heath reiterated that Game Rooms are areas devoted to numerous machines and games only. Businesses, which have, coin operated machines, as well as a primary business, such as cab stand, grocery store, etc., must purchase a license of $20 per each machine-up to a maximum of $200, plus $0.19 per $100 of gross receipts.
FIRE COMMITTEE: Dr. Gates reported that the Quarterly Meeting of the Fire Committee, Mr. Clark, Mayor Helms and representatives of the Fire Department met recently. They discussed the new fire truck and equipment. MVFD personnel expressed their satisfaction with the same. Training on the new equipment went very well. The Fire Department proposed to keep the old pumpers to use on interstate calls and during inclement weather. They are requested to keep the Equipment Truck. They stated that they do not need the snorkel truck or the other pumper truck. They requested to retain the money received from the sale of the snorkel truck to use toward the purchase a surburban brush truck. The MVFD purchased this truck. The Town of Marion has purchased all other vehicles. Mr. Fenyk was asked to determine if the vehicles available for sale must be placed on bid. MVFD requested that the Town meet matching funds for any grants they may obtain. A storage area is being considered for the 1950’s fire truck to use in parades and on special occasions. It was noted that MVFD is conducting interviews for new applicants.
VIRGINIA TECH FOUNDATION: Mr. Warren reported that he, Mayor Helms and Mr. Heath traveled to Roanoke as volunteers to answer telephones to raise funds for the public radio station WVTF-91.9.
PROJECT CROSSROADS: Mr. Cregger moved that the Town of Marion waive water and sewer tap fees for the Project Crossroads house on Iron Street. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
MARION MIDDLE SCHOOL: Mayor Helms reported that he recently attended a motivational speech by Miss Virginia to Middle School students.
MARCH OF DIMES WALK AMERICA: Mr. Helms challenged Town Council Members to participate in the MOD Walk America campaign to be held on May 3, 2003. The Town plans to enter a team led by Mayor Helms.
TROOPS RALLY: Mr. Heath expressed his appreciation to those who participated in the Troop Rally on March 29, 2003. It was a good event.
ROY BURKE: Council was informed that Public Works Director Roy Burke is recuperating at home after a heart attack on May 2, 2003.
PROJECT CROSSROADS: Town Attorney Mark Fenyk informed Council that a hearing was held before the Circuit Court Judge who is awaiting a copy of the minutes of Mt. Zion Temple with regard to conveyance of a parcel of property on Iron Street to the Town of Marion. Upon receipt of the information and Court action, the property will be conveyed to Project Crossroad and then to the homeowner.
TRANQUILITY LANE: Mr. Fenyk reported that the paper work is complete concerning the Tranquility Lane Water Project.
STALEY STREET DRAINAGE: Mr. Fenyk continues to work on the Staley Street Drainage project.
SIGNAL SYSTEM-CALLAN DRIVE/PARK BOULEVARD: Mr. Hicks advised Council that he met with the contractor concerning problems with the traffic indicator at the intersection of Callan Drive and Park Boulevard. The contractor plans to contact the manufacturer concerning the problem.
POLICE GRANT: Chief Roberts reported that the Department has been awarded a grant in the amount of $3,294 to use for new equipment as needed. Upon motion of Mr. Burkett, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, Council approved a match of $366 for this grant.
FIRST TIME SUPERVISOR TRAINING: Mr. Clark reported that approximately 20 people attended the First Time Supervisor Training sponsored by the University of Virginia and held at the Municipal Building on March 26, 2003. Attendees were from the Town of Marion, Town of Rural Retreat, Town of Bluefield, and Town of Abingdon.
HUNGRY MOTHER ESTATES-JOINT PUBLIC HEARING: Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, a Joint Public Hearing was scheduled to consider rezoning requests for Hungry Mother Estates. The request is as follows: 1) IG (Industrial General) to R-1 (Residential) Lots 102-110 & 86-52; 2) R-2 to R-1 (Residential) Lots 104-97, 94—87, 51-45, 44, 41-28, 19-13, 11-2; 3) R-1 to Medical Arts -Lots 25, 26, 27 & 42; 4) R-2 to Medical Arts -Lot 43; 5) R-2 to Commercial -Lots 1,12,96 & 95; 6) R-2 to Gated Community-9.711 acres. The hearing will be held on May 5, 2003 at 7:00 in the Town Council Chambers, 138 W. Main Street, Marion, VA.
Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.