PRESENT: Mayor David P. Helms; Samuel Burkett, Buford Cregger, Mark Warren, Mel Leaman, Ken Heath, Eugene Hendrick and Dr. James Gates (arriving late), Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Police Chief Michael Roberts, Purchasing Agent B. J. Hamm and Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 6 AYES and 0 NOES, the minutes of the meeting held July 2, 2003 were approved as written and distributed. Messrs Burkett, Hendrick, Heath, Cregger, Leaman, and Warren voted affirmatively.
Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the minutes of the Special Called Town Council Meeting held on July 17, 2003 were approved as written and distributed. Messrs Burkett, Hendrick, Heath, Cregger, Leaman, and Warren voted affirmatively.
VISITORS: James Purefoy, Nancy Purefoy, W. L. Lemmon, Jeff Spickard, D. C. Walker, Jerry Lewis, William Mahone, Larry Davis, John H. Tate, Jr., Barbie DeBord, Judy Null, Lora Gilley, Mr. McGrady, Sgt. Andrew Moss.
RESOLUTION OF CELEBRATION –100TH BIRTHDAY OF CLEO COX LEE: Mayor Helms read the Resolution of Celebration on the Occasion of the 100th Birthday of Cleo Cox Lee. Family and friends of Mrs. Lee will celebrate on July 26, 2003 at Hemlock Haven Conference Center located at Hungry Mother State Park. Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the resolution was adopted. Mrs. Lee’s daughter, Nancy Purefoy and husband, James, received the Resolution from Mayor Helms.
REZONING REQUEST FROM R-2 to R-3 AT 305 N. CHURCH STREET – ELIZABETH LEMMON SAYERS: Mrs. Sayers intends to remodel the home into a Bed and Breakfast. Mrs. Alice Freeman, representing the Marion Planning Commission, reported that the recommendation of the Planning Commission is to approve the request with the following conditions: 1) That the applicant abide by all Federal and State laws, along with all local ordinances in general with the local ordinances concerning land use, noise, parking, storm water management and the commercial signage in particular; 2) If the new owners desire another arrangement for ingress and egress, the Town Engineer shall approve the location and the design prior to installation; 3) That off-street parking be provided in accordance with Section 16.3 of the Zoning Ordinance. One parking space will be provided for each bedroom and one space will be provided for each employee; 4) That the property shall be consistent with the neighborhood in looks and function. *Bed and Breakfast or R-1 and R-2 uses; 5) That there shall be no signage with this proposed use except small directional signs at driveway and a small historical type sign as permitted by the Zoning Administrator; 6) Property owner will notify the Zoning Administrator when construction is complete and Certificate of Occupancy is issued. If the property use (Bed and Breakfast) is not started within twelve months, the property will automatically revert back to R-2. An extension may be obtained by written request. Limit two (2) six month extensions. Upon motion of Mr. Warren, seconded by Mr. Hendrick and vote of 6 AYES and 1 ABSTENTION (Dr. Gates), the request to rezone the property was approved, with conditions as stated. Dr. Gates arrived as the vote was being taken.
REZONING REQUEST FROM R-2 TO COMMERCIAL GENERAL-815 NORTH MAIN STREET-CHARLES BERG: It was the recommendation of Planning Commission that this request be tabled until additional information is obtained by Mr. Berg concerning parking issues and the request is resubmitted. Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 6 AYES and 1 ABSTENTION (Mr. Warren), the request was tabled pending receipt of additional information.
AUCTION PROCEDURE ON SURPLUS PROPERTY-PURCHASING AGENT B. J. HAMM: Mr. Hamm stated that in past years the Town has offered surplus property for sale on sealed bids. It has been suggested that the Town consider a public auction as a means of disposing of surplus property. Mr. Hamm had compiled a short list of 37 items to be offered for sale. He noted that most of these items are in fair-poor condition. Among items to be disposed of are approximately 13 bicycles. Mr. Roberts advised that a new ordinance would allow the Town to give these bicycles away to children or other non-profit organizations. Discussion ensued. Mr. Cregger moved that the Town conduct an auction to dispose of surplus property. Mr. Heath seconded the motion. Council approved unanimously.
CHILI COOK-OFF: Mayor Helms announced that the Town Council Chili Team won second place at the annual Chili Cook-off held 7/18/03. This is an improvement over the “whimpy” chili award received several years ago.
CLASS REUNION: Mayor Helms stated that the Downtown Days Celebration has become an ideal time for MSHS graduates to hold class reunions. The MSHS Class of 1983 held their reunion this weekend and was very well attended. Councilman Mark Warren introduced a class member, Ms. Barbie Hamm DeBord, who returned to Marion for the reunion from San Mateo, California.
COMPLAINT CONCERNING “CARE OF PREMISES” AT 405 PEARL AVENUE-CONNIE SNAVELY (OWNER OF PROPERTY AT 410 PEARL AVENUE) / PROCEDURE TO ALLOW HOUSING AUTHORITY TO CONDEMN PROPERTY-TOWN ATTORNEY MARK FENYK: Mr. Fenyk advised that in reviewing the Code of Virginia, Marion Redevelopment and Housing Authority (MRHA) may be given the authority to address “spot blight” problems in Town. Once the Town has granted permission, by resolution, for the MRHA to perform these duties, the MRHA Board must pass a similar resolution. Once authority is acquired, a list of properties must be identified and the owner be given ample time to improve the premises. If the property is occupied, MRHA must find alternative housing for the occupants. Housing Authority Director Mr. Charles Harrington has expressed interest in assisting the Town in this endeavor. Mr. Harrington felt that his current staff would be qualified to make the determination of property that is unfit to inhabit. Mr. Fenyk distributed a sample resolution to allow MRHA to make these determinations for the Town. Discussion ensued. Mr. Fenyk stated that the Town might wish to consider hiring a certified inspector to determine if a property is inhabitable. Mr. Leaman moved that the Town continue discussion with the Housing Authority to determine whether MRHA has the proper certification to issue notices to property owners and proceed with necessary steps to correct violations or condemn the property. Mr. Heath seconded the motion. Council approved the motion unanimously.
SITUATION WITH CAMPBELL AVENUE SEWER IN LIGHT OF GENERAL DYNAMICS EXPANSION AND FIVE-YEAR PLAN-TOWN MANAGER: Mr. Clark advised that the plans for the Campbell Avenue Sewer Project have changed with the announcement of General Dynamics Expansion. The Town may now be eligible for funding thru the ARC or Tobacco Funds. Therefore, Mr. Clark requested permission to delay the Campbell Avenue project to fiscal year 2004-2005 and move Country Club Road and Riverview sewer projects to this fiscal year. Another alternative would be to move the South Main Street Water Upgrade. This would enable the Town to apply for funding for the Campbell Avenue Project. Mr. Hendrick moved that Mr. Clark be authorized to switch the projects as requested. Mr. Burkett seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Leaman).
Mr. Heath moved that the Town Manager be authorized to advertise for a Preliminary Engineering Report (PER) on the project and negotiate with engineering firms, with the cost not to exceed $30,000. A PER is required to be submitted with funding requests. The motion was seconded by Mr. Hendrick and carried unanimously. Messrs Burkett, Warren, Heath, Cregger, Hendrick, Leaman, and Dr. Gates voted affirmatively.
EAST CHILHOWIE STREET APPLICATION: Mr. Clark advised that the grant application has been submitted and a decision will be made by the end of September 2003.
SOLICITATION FOR ENGINEERING SERVICES ON GILMAN STREET: Mr. Clark advised that the project has been advertised and bids are due on or before 7/29/03. He further advised that he had discussed the project with Todd Christensen (DHCD) and he had authorized the Town to advertise the RFP. Mr. Christensen will meet with the Steering Committee, in Marion, on Friday, July 25, 2003 at 9:30 a.m.
ACCOUNTS: Mr. Warren moved that the accounts be paid in the amount of $405,378.40 from the General Fund. Mr. Leaman seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Burkett, Hendrick, Leaman, Heath, Warren, Cregger and Dr. Gates voted affirmatively.
INVESTMENT REPORT: Upon motion of Mr. Heath, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the Investment Report was accepted as presented. Messrs Burkett, Hendrick, Leaman, Heath, Warren, Cregger and Dr. Gates voted affirmatively.
SET PUBLIC HEARING-SEWER RATES: Upon motion of Mr. Cregger, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, a pubic hearing was scheduled to consider the adoption of a 10% increase in sewer rates for August 4, 2003 at 7:00 p.m. in the Town Council Chambers. Sewer rate increases were inadvertently omitted in the previous advertisement.
REQUEST FROM POLICE DEPARTMENT ON OLD AMBULANCE DONATION: Marion Police Sgt. Andrew Moss advised that Mr. Allan Jones, owner of Smyth County Ambulance Service, had approached him about donating one of his ambulances to the Marion Police Department. The vehicle is being taken out of service. The ambulance is a 1991 Ford E-350 diesel van type with 230,000 miles. However, the current transmission has only 60,000 miles on it. It was noted that the Police Department could use the vehicle as a mobile command center; crime scene investigation unit and transportation for a high risk warrant service team. If accepted, the vehicle maintenance and service records would come with the vehicle. As there would be no cost for the vehicle, initial costs would include lettering, tags, title and insurance. The vehicle would only be used on a situational basis; therefore the operational cost would be minimal. Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Council accepted the vehicle from Smyth County Ambulance Service.
COMPLAINT OF CATS ON SPRUCE STREET-JUDY NULL: Ms. Null informed Council that cats have become a problem on her street. She stated that the cats have become a health problem. She noted that eight of her neighbors have complained about the cats “messing” on their property, porches, flowerbeds and gardens. They have talked with one of the cat owners concerning the problems. She has responded that they (the cats) are not bothering anything. The Town Animal Control Officer has tried to trap the cats but has only captured one. Ms. Null wondered why dogs must be on a lease and cats are allowed to run at large. Chief Roberts advised that cats must be vaccinated and tagged. Ms. Null asked that the Town consider an ordinance to control the cat problem. Others who spoke against the cats were Mr. McGrath and Lora Gilley. Mayor Helms referred this matter to the Sanitation Committee to work with Animal Control.
STREET COMMITTEE-HOLLOW ROAD DRAINAGE: Mr. Hicks advised that a complaint was received that water was crossing onto property on Hollow Road. He stated that the drainpipe was stopped up and has been unblocked. The Town has advised to do a better job maintaining the drainpipe.
HOUSING NEEDS: Mr. William Mahone, Director of Smyth County Community Hospital and Mr. Larry Davis, President of Royal Mouldings, stated that the Town of Marion continues to have a need for housing and urged the Town work diligently to secure housing for the Town. They noted that housing is missing in the recruitment package to attract new business, industry and new professionals to Marion. They cited that the tax base should continue to grown with the encouragement of new development.
HUNGRY MOTHER ESTATES SUB-DIVISION: W-L Attorney, John H. Tate, Jr., had met with Town Attorney Mark Fenyk concerning the proposals from Town Council on vacation of the lots for this subdivision. He noted that the proposal from Council was to divide the property south of Callan Drive into 5 parts and leave the streets in the plan. He advised that W-L are not interested in this proposal.
Mr. Tate presented a plat of the 44 lots north of Callan Drive and advised that the developer is prepared to sign and record the plat on record after January 1, 2004. Mr. Heath asked if this included donation of the land at the bottom of the previous plat (south of Callan) that the Town must have to widen Prater Lane and install a cul-de-sac when the railroad crossing is closed. Mr. Lewis and Mr. Walker advised that the property is available to the Town when needed. Mr. Tate advised that an agreement would be prepared that would state that the plat of the property north of Callan Drive would be recorded on January 2, 2004 and that the property needed to close the railroad crossing and widen the lower portion of Prater Lane would be deeded to the Town and included in the agreement. This document will be notarized. Mr. Heath moved that the Hungry Mother Estates proposed sub-division plat be vacated pending notification with written notice that the new plat, presented to Town Council on 7/21/03, shall be recorded on 1/2/04, that the housing development would begin in Spring, 2004, and W-L will donate the right of way for the railroad closing project on Prater Lane. Mr. Burkett seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Leaman, Cregger). Prior to the motion, Town Attorney Mark Fenyk advised that a plat might be vacated by Council vote or by Ordinance.
DOWNTOWN DAYS: Mr. Heath advised that the Downtown Days and Chili Cook-off were very successful.
CARNEGIE SCHOOL REUNION: Mayor Helms reported that he had attended the Carnegie School reunion recently. The group gathers every three years. He reported that about 75 people attended, many from California, New Jersey, New York, and Washington. He added that several compliments about the Gilman Street Project and Streetscape were received.
WATER COMMITTEE: Mayor Helms requested the Water Committee investigate the problem of lack of water pressure in the Cedars area.
ATTORNEY REPORT: Mr. Fenyk advised that he is in the process of reviewing the agreement with the Railroad on the Closure of the Prater Lane Crossing. He added that fees have been paid to the railroad.
PAVING: Mr. Hicks reported that paving began today. He further advised that milling material has been placed on the road to the Water Treatment Plant. Liquid asphalt will be sprayed on the surface to secure the milling material.
MATSON DRIVE-COMPLAINT OF TREES-JAKE HASH: Mr. Clark advised that he has received one response from the utilities notified about Mr. Hash’s concerns with the trees falling onto his property and into the street. Sprint stated that their company sees no imminent threat of the trees falling. They plan to do nothing. Mr. Clark was asked to relay that information to Mr. Hash.
CLOSED SESSION: PURSUANT TO CODE OF VIRGINIA, SECTION 2.2-3711 (A3) and upon motion of Mr. Hendrick, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Council entered into Closed Session for the purpose of discussing possible land acquisition. 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 Closed Session. Mr. Warren seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Burkett, Leaman, Hendrick, Heath, Warren, Cregger, and Dr. Gates voted affirmatively.
GANDHI PROPERTY ON NORTH MAIN STREET: Mr. Leaman stated that Dr. Gandhi should be notified that a large window is broken in the front of the former Pepsi Plant on North Main Street. The glass is falling onto the sidewalk in front of the building and is very dangerous to citizens passing by.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.