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; and Purchasing Agent B. J. Hamm.
MINUTES: Upon motion of Mr. Warren, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the minutes of the meeting held 5/5/03 were approved as written and distributed. Messrs Burkett, Hendrick, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: Bob Ramsey, Brenda Bennett, Alan Seidel, Charles Rush, Charlene Burnop, Pat Phillips, Barbara McClellan, David Rowland, Erwin Rowland, Mardi Williams, Clyde Hoots, Sue Helms, Joanne Styron, John Styron, Larry L. Davis, Brian Cregger, Cary Perkins, Paula Perkins, Glenn Martin, John Taminger, Judy Taminger, Mary Lou Waak, Mary Don, Lou Don, Nathan Don, Mavis Williams, Roland Williams, Ellen Hull, Jeff Spickard, Charles De Hart, Martha Copenhaver, Ann Snider, Henderson Graham, David Fields, Ralph Price, Cameron Wolfe, Jr., Boy Scout Troop #190.
INVOCATION/PLEDGE TO THE FLAG: Rev. De Hart rendered the invocation. Boy Scout Troop #190 led the Pledge to the Flag.
SPECIAL PRESENTATION-NATHAN ELLIS DON TO EAGLE SCOUT: Mayor Helms read a Resolution of Congratulations for Nathan Ellis Don, of Boy Scout Troop #190, on the occasion of earning the rank of Eagle Scout. Mayor Helms presented Eagle Scout Don with the Resolution as approved upon motion of Mr. Warren, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES.
COUNCIL ACTION ON PLANNING COMMISSION RECOMMENDATION-HUNGRY MOTHER ESTATES REZONING REQUESTS:
ALL RESIDENTIAL LOTS: Marion Planning Commission recommends approval of the request to rezone lots 105-110 & 86-52 from IG to R-1 and Lots 104-97, 96-87, 51-45, 44, 41-28, 19-13 from R-2 to R1. Upon motion of Mr. Hendrick, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Marion Town Council approved the zoning for residential lots as requested.
LOTS 42 & 43 TO MEDICAL ARTS: Marion Planning Commission, by a vote of 5 AYES and 1 NOE (Freeman), recommends that Lot 42 be rezoned from R-1 to Medical Arts and Lot 43 be rezoned from R-2 to Medical Arts. Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 6 AYES and 1 NOE (Heath), Marion Town Council approved the zoning for Lots 42 & 43 to Medical Arts. Mr. Leaman added that Medical Arts in a subdivision must abide by the Subdivision Ordinance, this will be considered when the lots are sold or building begins.
LOTS 25, 26 & 27 TO MEDICAL ARTS (PLANNING COMMISSION HAS NO RECOMMENDATION): Marion Planning Commission considered the request to rezone Lots 25, 26, & 27 from R-1 to Medical Arts, and made no recommendation to Council relevant to the rezoning due to a tie vote. (Mrs. Freeman, Mr. McGregor and Mr. Leaman voted NOE.) Mr. Hendrick moved that Lots 25, 26 & 27 be rezoned to Medical Arts. The motion died for lack of a second. Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Council denied the request to rezone Lots 25, 26 & 27 to Medical Arts. These lots will remain R-2 (Residential). Mr. Leaman stated that some Planning Commission members had concerns about the traffic problems that could be created and that the property may difficult to develop. Mr. Warren added that he appreciated the public’s input and that Council has a responsibility to all of the Town citizens. Cannot rezone on speculative purposes.
SITUATION WITH ASSISTED LIVING FACILITY LOCATED AT 124 PARK STREET: Upon motion of Mr. Cregger, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Police Department will monitor the situation and report to Council.
REPORT FROM DEWBERRY & DAVIS ON EAST CHILHOWIE STREET BRIDGE-TOWN ENGINEER: Mr. Hicks received a letter from Allan Long, Dewberry and Davis, recommending that the Town close the bridge until repairs are made and re-construction is complete. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the East Chilhowie Street Bridge will be closed until repairs are complete. Mr. Clark added that emergency funding might be available through VDOT. Mr. Hicks stated that the bridge was built in 1885 and that the repairs will be extensive. It will take at least 90-120 days to complete once construction begins. The cost is unknown at this time.
ACCOUNTS: Mr. Burkett moved that the accounts be paid in the amount of $448,662.75. Mr. Warren seconded the motion. Council approved the same by vote of 7 AYES and 0 NOES. Messrs Burkett, Hendrick, Leaman, Heath, Cregger, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Mr. Burkett moved that the Investment Report be approved as presented. Mr. Heath seconded the motion. Council approved the same by vote of 7 AYES and 0 NOES. Messrs Burkett, Hendrick, Leaman, Cregger, Warren, Heath and Dr. Gates voted affirmatively.
ADVERTISEMENT FOR ENGINEER ASSISTANT/TECHNOLOGY ASSISTANT AND CONSULTANT FOR COMPUTER MAINTENANCE-TOWN MANAGER: Mr. Clark advised that the positions have been advertised and applications are due on or before June 4, 2003. The position of Engineer Assistant/Technology Assistant will be vacant after June 3, 2003. Mr. Clark added that he hopes the Town will hire someone by July 2003 and that he would like permission of Council to hire a firm or someone in the interim to provide computer services for the Town. Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Staff and Technical Committee have the power to act and hire someone until the vacancy is filled to provide computer services.
REZONING REQUEST FOR 305 NORTH CHURCH STREET FROM ELIZABETH SAYERS-ENGINEER: Mrs. Betsy Lemmon Sayers requests that her property located at 305 North Church Street be rezoned from R2 to R3 for the purpose of utilizing the historic home as a Bed and Breakfast. Mr. Hicks had advised Mrs. Sayers that a Special Use Permit would not apply in this case as it is not her current residence. She owns a home elsewhere in Marion. She has applied for Federal Tax Credits for Historic Preservation to make this project feasible and reported that this project has been approved for Credits. Mr. Hicks further advised that the current Zoning Ordinance is unclear where a Bed and Breakfast would be considered for zoning purposes, but agreed that R3 would be the most appropriate zone. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, this item was referred to the Planning Commission.
REZONING REQUEST FOR 815 NORTH MAIN STREET FROM ESTATE OF ALBERTEEN MCMILLAN-ENGINEER: The Estate requests that this property located at 815 North Main Street be rezoned from R-1 to Commercial General. Mr. Hicks added that the property lies between Wendy’s and Seymore Photo. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 6 AYES and 1 ABSTENTION (Warren), this item was referred to the Planning Commission.
REVIEW OF PROPOSED 2003-2004 BUDGET AND SETTING OF BUDGET WORKSHOP, IF NEEDED: Mr. Clark presented an overview of major increases in Expenditure Obligations and Lost Revenues expected in fiscal year 2003-2004. Proposed revenue increases are 10% increase for users of 2,001 gallons or more of water. Another proposal is to increase the tobacco tax from 2 cents per pack to 12 cents per pack. These increases would generate $271,744 and $185,868, respectively. Council will have a Budget Workshop on May 28, 2003 at 4:30pm. The Mayor thanked Dr. Gates, Mr. Burkett and staff for diligently working on presenting a balanced budget for Council review.
Mrs. Shelly Covington commended the Marion Police Department for responding quickly to a break-in attempt at her residence. Mrs. Covington also commended Town Council on the rezoning vote and added that she is disappointed with the Hungry Mother Estates property owners for not working well with the community.
Mayor Helms thanked Boy Scout Troop #190 for attending the Council meeting and for being attentive.
STREET COMMITTEE-REVIEW OF STREETS RECOMMENDED FOR PAVING: Mr. Hendrick stated that the Street Committee has not met. Council members are asked to present a list of streets to be considered to the Street Committee or Mr. Hicks as soon as possible. A committee meeting will be scheduled.
FIRE COMMITTEE-APPROVAL TO SELL 1977 HAHN/JACO: Dr. Gates stated the Fire Committee met with Marion VFD representatives and determined that the 1977 Hahn/Jaco is not usable for fighting fires. Other Fire Departments could not use the Jaco and the Committee feels that the truck should be sold. The purchase price from the sale would be remitted to the Town. Discussion ensued. Mr. Cregger stated that the Town’s surplus property should be sold at auction. Billy Hamm will take inventory of all items to be sold and present a list to Council. Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 7 AYES and 0 NOES an Auction will be held by the end of August to dispose of Town surplus property.
Mr. Cregger stated that the old Rescue Squad building on Park Street is in severe disrepair. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Building Committee for study and recommendation.
Mr. Hendrick stated that Althea Street has become a rough road to drive on and is in need of repairs. Possibly add milling material to the road when paving of Town streets begins.
Mr. Heath informed Council that the kickoff to Lunchtime on the Lawn will be Friday May 23, 2003 with Older American’s Day activities. Mr. Heath asked Council members to help with cooking on Friday, June 6, 2003. Mr. Heath added that Mayor Helms was named Marion Downtown Volunteer of the Year. The Goodwill Store will vacate downtown in 60 days if business does not increase. Mt. CAP contacted Mr. Heath and stated that they have lost the Youth Service Program. The youth must be supervised and Mt. CAP will pay the participants.
The Mayor announced that Police Officer Rusty Hamm graduated from the Police Academy on Friday, May 16, 2003. Mayor Helms, Sheriff Bradley, Chief Roberts and Billy Hamm attended the ceremony.
Mayor Helms presented a thank you from the March of Dimes to the Town for the employees that participated in the walk and for the donations.
Chief Roberts informed Council that a one-time special grant from the Dept. of Criminal Justice has been presented to the Town. The total amount is not to exceed $6,667.00. The local match from the Town would be $1,667.00. Upon motion of Mr. Heath, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, the Town will allocate $1,667.00 as matching funds for the Grant.
Mr. Clark informed Council that the gate at the town brush pile has a new lock on it. Illegal dumping has been occurring at the brush pile. Also the Water Committee needs to meet to discuss a water adjustment and additional hookup on Williams Road.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.