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 21, 2003 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Buford Cregger, Eugene Hendrick, Mark Warren, Mel Leaman, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm.
MINUTES: Mr. Hendrick corrected the portion of the minutes with regard to Tucker Proposal on GIS layers to read “Engineer’s Assistant C.T.Eagle, Sr. informed Council that aerial photographs have been received.” He directed that “…mapping has been updated and contours completed” be deleted. With the changes noted and upon motion of Mr. Cregger, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the minutes of the meeting held 4//7/03 were approved. Messrs Burkett, Hendrick, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: William Gable, Allen Slidel, Jeff Spickard, Joe Blevins, Shannon Williams, Bart Fiegley, David Fields, Mike Jones, C. B. Gwyn, Tommy Russell, Dickie Keesling, Dennis Farley and Rev. Cindy Ross.
INVOCATION/PLEDGE TO THE FLAG: Rev. Ross rendered the invocation. Mayor Helms led the Pledge to the Flag.
PUBLIC HEARING ON REZONING REQUEST-HUNGRY MOTHER ESTATES – MAY 5, 2003: This item continued to public hearing date of May 5, 2003.
REPORT ON SIGNAL SYSTEM-CALLAN DRIVE/PARK BOULEVARD-TOWN ENGINEER: Mr. Hicks reported that the signal manufacturer adjusted the computer to the signal and no further problems have been reported.
REPORT ON COUNTY SEWER METERS-ENGINEER: Mr. Hicks reported on a meeting also attended by Wastewater Treatment Plant Superintendent Donnie Coley and County Engineer Duncan McGregor. They discussed how the Town generates a monthly bill for County Sewer Meters and the factors involved. They discussed the three (3) major measuring device locations: 1) Atkins Interceptor-measuring at Johnson Road; 2) Holston Hills Country Club-measures flow from Hungry Mother Park; 3) Staley Creek, Route 16 South. The group plans to research flow measuring apparatus that will render accurate flow data. This item was for informational purposes only.
REPORT FROM SHANNON WILLIAMS AND CHARLES HARRINGTON ON PROSPECT STREET SIGN: E-911 Coordinator, Shannon Williams, requested that Town Council re-consider the decision to install a sign for Prospect Place. The sign has been placed off of Wolfe Avenue. There are two (2) residences on the Street. They use the address of Prescott Avenue. However, the street that they live on does not connect to Prescott Avenue. 911 had requested that the street addresses be changed to Prospect Place to allow emergency services to determine the location in a more timely manner. One resident wanted to change the address and one did not. Mr. Heath noted that the sign was erected to aid emergency services. Mr. Heath moved that the sign, Prospect Place, be removed. Mr. Leaman seconded the motion. Mr. Heath and Mr. Leaman withdrew the motion and second, respectively.
Mr. Leaman stated that the Town had approved the streets and numbers presented by E-911 to the Town. Emergency services worked with the Town who relied on them to identify changes to the 911 system. It has now been brought to our attention that, per E-911 standards, more than 65 addresses are incorrect and should be changed. Mr. Williams explained that the database comes thru Sprint and that all incorrect addresses should be changed. Dr. Gates suggested that Mr. Williams inform Sprint that the two (2) addresses should be changed in the system to indicate that the area is Prospect Place off of Wolfe Avenue.
Dr. Gates asked Mr. Williams if there was any way to comply without an address change for these two (2) residences. Mr. Williams answered affirmatively.
Mr. Heath moved that the matter be referred to the Ordinance Committee. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.
ACCOUNTS: Mr. Burkett moved that the accounts be paid in the amount of $571,291.83. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Burkett, Hendrick, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the investment report was approved as written and distributed. Messrs Burkett, Hendrick, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
CONSIDERATION OF ANDERSON AND ASSOCIATES AND MT. ROGERS PDC CONTRACTS FOR BIKEWAY PROJECT/COMMONWEALTH’S APRIL LETTER-TOWN MANAGER: Town Council discussed ‘A Memorandum of Understanding between the Mount Rogers Planning District Commission and the Town of Marion’ with regard to administrative/management services to assist in the construction phase of the VDOT TEA-21 grant funds to develop a shared-use bicycle facility along Park Boulevard/VA Route 16 in the Town and Smyth County was discussed. Compensation for the services shall be $7,500. Anderson’s contract is for construction, administration and inspection of services in the amount of $18,540. Both of the contracts can be used against the Town’s match requirements. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Town Council referred the proposal for additional professional engineering services for the Park Boulevard Biking Trail to the Street Committee to recommend adjustments, such as periodic inspections as needed. Mr. Fenyk was asked to add language to specify 30 days to begin. Messrs Burkett, Hendrick, Leaman, Cregger, Warren, Heath and Dr. Gates voted affirmatively.
VML SECTIONAL MEETING ON MAY 2 IN CHILHOWIE-TOWN MANAGER: Mr. Clark advised that a regional Town Section meeting will be conducted on May 2, 2003 at the Town Hall Community Room, Chilhowie, VA. The meeting will begin at 11:00 a.m. Representatives and selected staff members of the Town of Marion will attend.
RESOLUTION-SMYTH COUNTY CLEAN-UP WEEK: Mayor Helms read the Resolution establishing Smyth County Clean Up Day to be held on Saturday, April 26, 2003. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Resolution was adopted. Mr. Clark advised that for the past several years, the Town has offered $25 to each employee who works from 8 am to Noon picking up litter on Clean-up Day. This will again be the case this year.
ACCEPTANCE OF LOW BID ON MATSON DRIVE, TRANQUILITY LANE AND ROUTE 16 WATER LINE-ENGINEER: Mr. Hicks reported that one bid was received for these projects. Teaters Trucking bid $78,510 for all three (3) jobs. If approved, construction would begin immediately. Mr. Burkett moved that Teaters Trucking be awarded the bid. Mr. Hendrick seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. It was noted that this is a “turn-key” job and that there is a 90-day time limit on these jobs.
PRESENTATION ON FLUOR CORPORATION ON I-81 EXPANSION/CHAMBER-MR. WILLIAM GABLE: On April 22, 2003 at 8:30 am, the Fluor Corporation will conduct a presentation at the Chamber office concerning their insights to the expansion of I-81 through Smyth and surrounding counties. Mr. William Gable was present to request a resolution supporting rail service as an alternative solution to the traffic problem on I-81. Mr. Bart Feigley also spoke on behalf of the alternative to widen I-81. Following discussion, Dr. Gates moved that Town Council endorse the Resolution. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 1 NOE (Mr. Leaman). It was noted that the Fluor Group with Star Solutions would conduct their proposal at the Chamber on 4/22/03 at 8:30 a.m.
DEWBERRY & DAVIS-PRELIMINARY ENGINEERING REPORT ON EAST CHILHOWIE STREET BRIDGE-ENGINEER: Mr. Hicks met with Allen Long concerning the completed preliminary engineering report for E. Chilhowie Street Bridge. This item was referred to the Street Committee.
COMPLAINT ON GROUP HOME LOCATED ON CHERRY & PARK STREET-JOE BLEVINS: Mr. Joe Blevins, Park Street resident, expressed concern over the group home located next to his property. When it was established, Mr. Blevins opposed the establishment of a group home on the former Boatwright property. He has found the facility to be a nuisance with noise, arguing, etc. However, recently he and Mrs. Blevins were watching television when one of the clients of the group home entered his home and proceeded to gather Mr. Blevins’ personal items. The door to his home was unlocked. According to Mr. Blevins, a lady from the group home also came into his house to retrieve the client from Mr. Blevins’ residence. Mrs. Blevins had telephoned the Police who arrived. The client assaulted one of the police officers. Mr. Blevins stated that this could be a very dangerous situation. He cited that 4-5 clients live in the house with only one person supervising them. A lengthy discussion ensued. Chief Roberts reported that the Police Department has answered several calls to the Group Home, some for property damage but mostly when they walk away from the home. Mr. Blevins filed a formal complaint and stated that if they, Mental Health plan to operate the facility, it should be adequately supervised. Chief Roberts was asked to document his records about calls to the Group Home. Mr. Cregger moved that the Town contact Mr. Wiley Cline, Director of Mental Health, located in Wytheville, VA concerning this matter and expressing the opinion that the facility should be adequately staffed and that the residents be controlled. Mr. Hendrick seconded the motion. Council approved the same unanimously.
PROCLAMATION-CELEBRATE BUSINESS 2003-SMYTH COUNTY CHAMBER OF COMMERCE: Upon motion of Mr. Heath, seconded by Mr. Gates and vote of 7 AYES and 0 NOES, the Resolution was adopted.
TV CABLE COMMITTEE-COMPLAINTS ON CHANNEL RECEPTION: This item was continued.
SMYTH COUNTY CHAMBER OF COMMERCE AND REGIONAL CHAMBER COLITION: Mayor Helms read the Resolution for the Tri-City Airport. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, Council approved the same.
Mr. Slidel updated the Town of this year’s activities : Hospital Seminar at W. W. Scott Center, Smyth County Eye Check, H. L. Bonham Tourism Group in Chilhowie, Spring Cleanup, Collection of old telephone books, $10,000 raffle, Pig Out in the Park, the Job Fair and Industry Appreciation.
PROJECT CROSSROADS PROPERTY-IRON STREET: This item was not addressed.
DETERMINATION OF TYPE OF SALE OF FIRE TRUCKS AND WHERE THE FUNDS WILL BE DISTRIBUTED: Mr. Fenyk advised that surplus fire equipment may be sold, Town may accept bids, or as allowed by the Code of Virginia, the Town may donate the fire equipment to another fire department and/or finance the transaction.
REFINANCE REQUEST ON IRON STREET MALL: Mr. Patton Graham, Mr. Tom Graham and spouses have revitalized property on Iron Street Mall. They wish to refinance with a lower interest rate. If they pay off the loan, they must pay a substantial penalty. They request that the Town sign a deed of subordination and name Mr. Mark Fenyk as trustee in place of Charles Lincoln. Mr. Burkett so moved. Mr. Hendrick seconded the motion, Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).
STALEY STREET EASEMENT: Mr. Fenyk reported that the easement has been prepared for signatures. Mr. Hicks is in possession of the document.
SMYTH COUNTY REQUEST FOR SEWER LINE RIGHT-OF-WAY EASEMENT: Smyth County has requested a right-of-way easement from the railroad tracks to the sewer plant. The easement is needed in order to connect the Cedars/Hall Addition sewer line. They have requested a 20-foot permanent easement and a 10-foot temporary construction on each side. Mr. Hicks stated that he has no problem with approving the request. Dr. Gates moved that Town officials be authorized to sign the easement. Mr. Hendrick seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.
PURSUANT TO VIRGINIA CODE 2.2-3711 (A-1) (A-7) and upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss personnel and pending litigation, respectively. 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 in the motion were discussed during the Closed Session. Mr. Heath seconded the motion. Council approved the motion unanimously. Messrs Burkett, Heath, Warren, Leaman, Cregger, Hendrick, and Dr. Gates voted affirmatively.
PENDING LITIGATION: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, Mr. Fenyk was authorized to file an answer on pending litigation if Mr. Clark is unable to obtain additional information on the Larmer case.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.