PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Buford Cregger, Eugene Hendrick, Mark Warren, and Mel Leaman, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts, Planning Commission Chairman Alice Freeman; Planning Commission Members: M. J. Hubble, Brenda Bennett, Bob Ramsey, Cameron Wolfe and Duncan McGregor.
MINUTES: Upon motion of Mr. Warren, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the minutes of the meeting held on April 21, 2003 were approved as written and distributed.
VISITORS: Sue Helms, Maude Winesett, Clyde Hoots, Martha H. Hoots, John Styron, Joanne G. Styron, Judy Taminger, John Taminger, David Rowland, Erwin Rowland, Kevin Wassum, Roland Williams, Mavis S. Williams, Carolyn J. Jones, John Arthur, Coleen Walls, Paula Perkins, Cary Perkins, Mary F. Campbell, Donald D. Jones, Bobby Caudill, Peggy Caudill, Mardi Williams, N. L. Clay, Larry Ball, Andy L. Williams, Major Bowen, Ryan Hall, Chasity Hash, Brenda Anderson, Gracie Anderson, Shelly L. Covington, Peggy Alba, Richie Alba, Robert Blevins, Kathy Blevins, Frances Bales, Sam D. May, Brady Chambers, S. L. Townley, Jane Weaver, Moe Weaver, Frank Detweiler, Mark Tucker, D. B. Waddle, Janet Waddle, Claude Hollyfield, Charles R. Rush, Charles J. Burnop, Patricia Burnop, Kim Hummell, Will Mahone, Debbie Rogers, Joe Rogers, Bill Buchanan, Ron Burnop, Susan Austin, Roy Roberts, Henry Ford, Larry Davis, Herbert Freeman, Sylvia Freeman, Roger Bales, Henderson Graham, Glenn Martin, Stephen Foster, Johnny Barr, Rebecca Holmes, A E. Holmes, Merrill Reed, Harold Slemp, Mary Lou Waak, Ken Taylor, D. C. Walker, and Jerry Lewis.
DESTINATION IMAGINATION: Ken and Sheila Glenn and Marion Intermediate School Destination Imagination Team members Tanner Glenn, Henry Evans, Nick Groseclose, and Mary Briggs Graham were present to report on their success with solving creative problems. The team has been working on the project since October 2002. The Team placed first in Regional competition in Galax, second in State competition in Richmond and will compete at the Global Finals at the University of Tennessee in Knoxville on May 21, 2003. They are the only Smyth County team to advance to Global competition consisting of 700 teams from all over the world. Cost to attend the competition is $415 per attendee. A total of $3,300 is needed. The Team requested a donation from the Town of Marion. Mr. Burkett moved that the request be referred to the Finance Committee, with power-to-act. Mr. Warren seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES. Mayor Helms asked the Team to keep Council informed of their progress.
JOINT PUBLIC HEARING WITH PLANNING COMMISSION-W&L REQUESTS TO REZONE PORTIONS OF PROPOSED HUNGRY MOTHER ESTATES-TOWN ATTORNEY: Planning Commission Chairman Alice Freeman called the Joint Public Hearing to order. She stated that the public hearing was scheduled to receive citizen input on zoning requests made by W&L, property owners of Hungry Mother Estates proposed subdivision. She referred to a letter received by Town Manager John E. B. Clark, Jr. from Jerry Lewis, D. C. Walker, and Ken Taylor, developers, to drop their request to rezone lots 1, 12, 95, and 96 from R-2 to Commercial Limited. They requested that a lesser zone be considered. The current request is as follows:
Rezone Lots 105-110 and Lots 86 thru 52 from IG (Industrial General) to R-1;
Rezone Lots 104-97, lots 94-87, Lots 51-44, Lots 41-28, Lots 19-13, Lots 11-2
From R-2 to R-1;
Rezone Lots 25, 26, 27 and 42 from R-1 (Residential) to Medical Arts District;
Rezone Lot 43 from R-2 to Medical Arts District;
Rezone Lots 1, 12, 95 and 96 from R-2 to R-1.
Attendees were asked to register and indicate if they preferred to speak on the re-zoning issue.
Ken Taylor spoke on behalf of the developers. Mr. Hicks explained the current zoning of the property and the requests for rezoning from the developers. Color-coded charts were used to indicate the zoning requests. Judy Taminger, John Taminger, Erwin Rowland, Paula Perkins, Cary Perkins, Mavis Williams, Mary Frances Campbell, Ron Burnop, Susan G. Austin, Herbert Freeman, Major Bowen, Shelly Covington, Robert Blevins, and Frank Detweiler spoke in opposition to the rezoning requests for Medical Arts. Among the reasons cited were, preservation of the natural beauty of the residential area, concern that Medical Arts facilities would detract from the neighborhood, parking lot trash problems, and reduce the value of the area homes. Another concern was that of increase traffic to the area and that to re-zone the lots to Medical Arts would allow any number of types of facilities to open in their neighborhood. Mrs. Paula Perkins presented a petition in opposition of Commercial and Medical Arts signed by Town and County citizens. Citizens opposed the possible operation of the asphalt plant and rock quarry and suggested that the Town require restrictions to prevent this from occurring. No one expressed a problem with the lots to be rezoned R-1 (Residential). Many other citizens were in attendance but did not speak.
Larry Davis, Dr. Henderson Graham, and Brady Chambers spoke in favor of the rezoning requests. Among the reasons for their support was that Medical Arts would be a day operation and not be detrimental to the neighborhood, the need for office space for physicians and specialists, that the community cannot grow without a plan to address future needs and objectives, and development of much needed housing. Will Mahone, CEO and President of Smyth County Community Hospital, noted that he has taken no pro or con position on the re-zoning. However, when recruiting physicians to Smyth County there is a need for professional housing and office space near the hospital. These factors would increase the hospital’s ability to meet the needs of the community. As no one further wished to speak, Mrs. Freeman declared the public hearing closed.
RECOMMENDATION FROM PLANNING COMMISSION AND ACCEPTANCE OR REJECTION BY TOWN COUNCIL: Upon motion of Mr. Wolfe, seconded by Mr. Leaman, and vote of 6 AYES and 1 NOE (Leaman), Marion Planning Commission voted to discuss the comments made at the public hearing and prepare a recommendation to Town Council with regard to the rezoning requests.
Following the lengthy public hearing, Mayor Helms called a 10 minutes recess. Mr. Helms reconvened the Town Council meeting of 5/5/03.
SITUATION WITH ASSISTED LIVING FACILITY LOCATED AT 124 PARK STREET: Manager Clark stated that a letter was mailed to Mr. Wally Cline, Executive Director of the Mt. Rogers Mental Health and Mental Retardation Community Services Board, expressing the Town’s concern with the agency’s assisted living facility located at 124 S. Park Street. Mr. Joe Blevins, 118 S. Park Street, informed Council at the April 21, 2003 meeting of an incident when a client of the assisted living facility entered his home, without permission (April 16, 2003), and proceeded to gather and remove items from the Blevins’ home. A caretaker staff member attempted to control and remove the client from the Blevins’ home. Upon arrival of the Marion Police Department the client assaulted the officer and was jailed. According to Police Chief Michael Roberts approximately 40 calls have been answered concerning the facility since July 2002, mostly to locate the clients. As of Friday, May 2, 2003, no response had been received from the letter to Mr. Wally Cline requesting that he contact the Town to discuss the problems of the assisted living facility and how they plan to better control the facility and the residents. Mr. Clark advised that a response was received by fax today. Mr. Leaman stated that the facility is a group home permitted by the Commonwealth of Virginia. Mr. Cline expressed his concern that the incident at Mr. Blevins’ home occurred and offered to meet with Town of Marion representatives to discuss the facility. Mr. Cline added that the individual has been removed from the home. Mr. Cregger asked that a copy of the response from Mr. Cline be forwarded to Mr. Blevins. Upon motion of Mr. Cregger, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, this item was continued.
REPORT FROM SMYTH COUNTY FREE CLINIC-ADMINISTRATOR MEL LEAMAN: Mr. Leaman, Administrator, informed Council that the purpose of the agency is to provide health care to those Smyth County residents who, due to unemployment and other reasons, have no health care or health insurance. Open since 2001, the Clinic has seen 210 new patients since 1/1/03. With the cost of medication the Clinic is currently working with pharmaceuticals to get sample medication increased for distribution to patients. Mr. Leaman reported that several local professionals for eye, dental and health care have donated time and medication to the clinic. They are also supported by churches, local and state governments, the United Way, Smyth County Foundation, and the Virginia State Tax Credits program. The Free – Clinic has requested an appropriation of $10,000 to be included in the FY 2003-04 Budget. However, he stated that the Town might increase the allocated amount to serve health needs. An increase in the Town’s contribution may be entertained during the final budget process.
NOTICE OF TOWN OF MARION BEING PROCLAIMED TREE CITY-MAYOR HELMS: Mayor Helms announced that the Town of Marion has been named a Tree City USA Community. The National Arbor Day Foundation in cooperation with the National Association of State Foresters and the USDA Forest Service sponsors the program. In order to achieve the designation the Town met several standards: 1) They created a Tree Board; 2) adopted a Tree Care Ordinance; 3) adopted a community forestry program and 4) Observance of Arbor Day. Arbor Day will be observed on May 16, 2003 with a special ceremony.
REQUEST FOR SEWER LINE-DENTON STALEY-JOHN STREET: Denton Staley is constructing a home on John Street and has requested a sewer line be installed to accommodate the property. This item was referred to the Sanitation Committee for study and recommendation.
REPORT FROM TV CABLE COMMITTEE: A letter advising Adelphia Cable System of reception problems with channels 5 and 11 was mailed to General Manager Hilda Sexton who responded that the problems were not with the cable system, but with interference from other sources. In a letter to Ms. Sexton, dated 4/30/03, Town Attorney Mark Fenyk advised that the problems with TV cable reception have not improved. He asked if representatives of the “head-end” had been advised of the possible interference and had assistance of the FCC been considered or requested. Mr. Fenyk’s letter requested that the Town be given access to the Adelphia logbook that contains the service complaints and associated response times. The Attorney is awaiting a response to his letter. Upon motion of Mr. Leaman, seconded by Mr. Cregger and vote of 6 AYES and 0 NOES, this item was continued.
REPORT FROM STREET COMMITTEE ON PRELIMINARY ENGINEERING REPORT ON EAST CHILHOWIE STREET BRIDGE & REPORT FROM STREET COMMITTEE ON DEWBERRY AND DAVIS CONTRACT ON STRUCTURAL EVALUATION ON EAST CHILHOWIE STREET BRIDGE:
Mr. Hendrick reported that according to the preliminary engineering report by Dewberry & Davis, there should be a structural evaluation of the bridge. A proposal from Dewberry & Davis to perform the structural evaluation was received in the amount of $1,500. Mr. Fenyk expressed concerns about the Dewberry & Davis determination of how much weight the bridge could bear. The bridge is currently rated to handle 7 tons. Following discussion, Mr. Hendrick moved that the Town accept the recommendation to perform a structural evaluation on the East Chilhowie Street Bridge by Dewberry & Davis, not to exceed $1,500. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
Mr. Clark noted that the Bridge Study was performed at a cost of $10,000. The Town paid $2,000 and the VODT T-21 program paid the $8,000 balance.
PAVING: Mr. Hendrick asked that Council members prepare a listing of streets that may be considered to be paved prior to 6/30/03. Mr. Leaman asked that a “pot hole” list be included. Mr. Cregger noted that the Town crews are doing a good job with street maintenance.
REPORT FROM STREET COMMITTEE ON MT. ROGERS PLANNING DISTRICT COMMISSION CONTRACT ON PARK BOULEVARD BIKEWAY PROJECT: Upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 5 AYES and 1 NOES (Burkett), Council approved the Memorandum of Understanding between the Mt. Rogers Planning District Commission and the Town of Marion for MRPDC to provide project administration/management services for the development of a shared-use bicycle facility along Park Boulevard/VA Route 16 in the amount of $7,500. Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 5 AYES and 1 ABSTENTION (Burkett) Council approved the Administration/Management Contract. Messrs Leaman, Hendrick, Cregger, Warren, and Mr. Heath voted affirmatively. As a member of MRPDC, Mr. Burkett abstained from voting.
CONTRACT WITH ANDERSON AND ASSOCIATES FOR PROJECT ENGINEERING AND CONTRACT ADMINISTRATION ON THE PARK BOULEVARD BIKEWAY PROJECT. Mr. Hendrick moved that the contract be signed as revised on April 29, 2003 at a cost of $18,540. Mr. Cregger seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
COLLEGE STREET-SHIRLEY SNIDER: Mr. Heath requested that the Street Committee review the request of Mrs. Shirley Snider on College Street.
MARION DOWNTOWN REVITALIZATION ASSOCIATION: Mr. Heath reported that the July 4th Fireworks program would be channeled thru the MDRA this year. He added that Mrs. Ann Dix has spearheaded the July 4th Celebration for many years and she and husband, Bob, have done a phenomenal job. Council expressed their appreciation to Ann and Bob Dix.
END OF SCHOOL PARTY: Mr. Heath requested permission to close Broad Street from Main Street to Lee Street for the purpose of hosting an end of the school year party on May 13, 2003 from 6 pm to 11 pm. Marion Downtown! And Main Street Mission will jointly sponsor the event. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 5 AYES AND 1 ABSTENTION (Heath), the request was granted.
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS – COMPLAINT ON ROAD: Mr. Hendrick informed Council of the complaint by the Church of Jesus Christ of Latter Day Saints on the condition of the road leading to their church and the Water Treatment Plant. They request that if it cannot be paved, that milling material, rolled by W&L and tar be spread onto the surface. Upon motion of Mr. Burkett, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the request was referred to the Street Committee.
YOUTH GOVERNMENT DAY: Mayor Helms advised that Youth Government Day would be observed on May 13, 2003. Seniors from Smyth County High Schools will visit with various local, regional and state governmental agencies to learn more about their respective duties.
VML UPDATE ON PROGRAMS: Mayor Helms stated that several members of Town Council and staff attended the VML Update on Programs held in Chilhowie on May 2, 2003. The meeting was most informative.
FIRE COMMITTEE-: Mayor Helms asked that the Fire Committee meet on selling of equipment/trucks.
MARCH OF DIMES WALK: Mayor Helms informed Council that the annual March of Dimes Walk was held at Hungry Mother State Park on May 3, 2003. The Town of Marion Team raised $400. Total donations were received in excess of $16,000.
GLENNA CRABTREE BULLINS-CITED BY MARCH OF DIMES: Mayor Helms presented Smyth County News and Messenger reporter, Glenna Crabtree Bullins, with an award for her work on advertising for the March of Dimes Walk.
OLDER AMERICANS DAY: Chief Roberts reported that Older Americans Day will be observed on May 23, 2003 in the area of the Courthouse. Social Services has requested that a portion of North Church Street be closed during the festivities and that parking spaces be blocked off for the event. Upon motion of Mr. Warren, seconded by Mr. Burkett and vote of 5 AYES and 1 ABSTENTION (Heath) the request was approved.
EQUIPMENT COMMITTEE: Mr. Clark requested a meeting of the Equipment Committee to consider request for maintenance vehicles.
TREE BOARD: Mr. Hendrick moved that the following members be re-appointed to the Tree Board: Karen Chamberlain, Brenda Bennett, Cameron Wolfe, Anna Johnston, Charles Conner. Their term of office will extend from 6/30/03 to 6/30/06. The motion was seconded and approved by Town Council by a vote of 6 AYES and 0 NOES.
Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.