PRESENT: Mayor David P. Helms; Samuel Burkett, Buford Cregger, Mark Warren, Mel Leaman, Ken Heath, Eugene Hendrick and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Police Chief Michael Roberts; Animal Control Officer Lee Farmer and Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Burkett rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of the meeting held July 21, 2003 were approved as written and distributed. Messrs Burkett, Hendrick, Heath, Cregger, Leaman, Warren and Dr. Gates voted affirmatively.
VISITORS: Sally Morgan
RESOLUTION OF RETIREMENT-ROY BURKE: Due to illness, Mr. Burke was unable to attend the meeting. Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Resolution was adopted. Presentation to Mr. Burke will take place at a future meeting.
PUBLIC HEARING-SEWER RATE INCREASE 10%: Mr. Clark stated that the 2003-04 Town of Marion Budget was prepared with a 10% increase in water and sewer. However, the sewer section was not included in the initial advertisement. Therefore a separate public hearing is being held and the sewer increase did not take effect on July 1, 2003 as planned. No one was present to speak for or against the proposed increase. Dr. Gates moved that the sewer rate be increased 10% on the same sliding scale as the water rates, effective with the September 2003 billing cycle. Mr. Cregger seconded the motion. Council unanimously approved the 10% increase in sewer rates. Messrs Burkett, Heath, Warren, Leaman, Cregger, Hendrick and Dr. Gates voted affirmatively.
It was noted that minimum rates would not be affected. This rate refers to users of 2,000 gallons or less.
ANIMAL CONTROL OFFICER CONCERNING CATS ON SPRUCE STREET: Chief Roberts stated that he met with cat owners on Spruce Street and that their cats have been vaccinated and had tags. The residents agreed that the other cats in the area are strays. Mr. Lee Farmer, Town of Marion Animal Control Officer, discussed the Town’s position on the control of cats in Town. He stated that there is no law that can be adopted regarding cats running at-large. He supplied data that explained how the feline population multiplied at a staggering rate. Mr. Farmer added that before he can set traps on private property, the property owner must request it and sign a waiver. Chief Roberts reported that 59 cats have been picked up and 17 charges for no vaccination and tags have been issued since March 2003. Mr. Leaman suggested that the Town monitor the situation and take no further action at this time.
SPOT BLIGHT-RESOLUTION ENABLING TOWN TO WORK WITH THE HOUSING AUTHORITY-TOWN ATTORNEY: Mr. Fenyk read a copy of the proposed Resolution to invite the Marion Redevelopment and Housing Authority to work with the Town of Marion to identify structures that are not decent, safe and sanitary, based upon the standards set forth by the Virginia Building Code. The MRHA would inform the Town of these sites and the Town would conduct a public hearing to consider the matter. MRHA would also be required to adopt a resolution to participate in the “Spot Blight” program. If both bodies agree, the MRHA would work with the Town Manager to develop a plan and operating procedures. This would include relocation of displaced residents, if necessary. Mr. Leaman noted that if the process doesn’t work, the Sanitation Committee will recommend that the Town pursue hiring or training existing personnel to certify these structures not decent, safe and sanitary. Mr. Heath moved that the Resolution be adopted. Mr. Hendrick seconded the motion. Council approved the same unanimously. Following the vote, Dr. Gates noted that any property to be ruled not decent, safe and sanitary would be carefully reviewed by the Town Attorney regarding Virginia statutes prior to any action being taken by Town Council.
HEALTH DEPARTMENT GRANT ON GILMAN STREET- TOWN MANAGER: Mr. Clark reported that notice has been received from the Health Department that $49,333 has been awarded to the Town of Marion for the water line replacement on Gilman Street. He added that $25,000 had been allocated for the project by DHCD. Town representatives met with DHCD personnel and were informed that the DHCD funds may be used for other needs of the Gilman Street project.
TECHNOLOGY ZONE PROPOSAL RELATING TO GENERAL DYNAMICS EXPANSION-SALLY MORGAN: Ms. Sally H. Morgan, Smyth County Community/Economic Development Planner, informed Town Council that the Smyth County Board of Supervisors intends to establish a Technology Zone for the General Dynamics and surrounding properties. The Code of Virginia allows the process under Section 58.1-3850, by adoption of a local ordinance. Ms. Morgan requested that the Town of Marion also establish a Technology Zone in order to be able to provide town tax benefits in addition to the county benefits. She presented the Town with a draft ordinance to use for a model for the town ordinance and a copy of the proposed Technology Zone map. Ms. Morgan stated that she is investigating the possibility of designating separate areas as Technology Zones and if boundaries may be amended as needed. Dr. Gates moved that the matter be continued to the next meeting and that the Technology Committee and Town Attorney prepare a final draft of the ordinance for public advertisement. Ms. Morgan was invited to participate in the process. Mr. Heath seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.
FORMER HEILIG-MEYERS BULDING PROPOSAL: Mr. Heath advised that a proposal related to the development of downtown Marion on the following projects have been received from Dewberry and Davis: 1) Heilig-Meyers Building Layout and Rendering: This task includes proposed floor plans for the 70,000 sf building, as well as digital renderings of the improved interior and exterior and presentation boards for the Town’s use. 2) Broad Street Streetscape: Dewberry will provide up to 3 images of a fully rendered Streetscape with the Heilig-Meyers building renovated. A “fly-by” animation as an alternative can be provided showing a bird’s-eye view of these proposed improvements. 3) Construction Cost Estimate: Dewberry will provide a preliminary estimate of construction cost for the Broad Street Streetscape improvements and the Heilig-Meyers building renovation. This proposal was for information purposes.
REQUEST TO INSTALL CURB AND GUTTER AT TOWN COST ON KIRBY STREET AT RESIDENCE LOCATED AT 742 CHATHAM HILL ROAD: Mr. Clark advised that a request has been received from H. E. Edmondson, 742 Chatham Hill Road, that the Town install curb and gutter along the Kirby Street side of the property. The letter stated that water from Kirby Street is running onto his property, causing damage. Mr. Cregger asked if the resident had been informed of the Town’s policy regarding installation of curb and guttering. The current policy requires the resident to contract the installation and upon inspection by the Town Engineer, 50% of the cost would be reimbursed to the resident. Mr. Clark was asked to convey the policy, in writing, to Mr. Edmondson. This item was dropped from the agenda.
ORDINANCE ON THE SALE OF BICYCLES: Dr. Gates read the proposed ordinance that would allow the Police Chief to sell or donate bicycles collected by the Marion Police Department. Upon motion of Dr. Gates, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, a public hearing to consider this ordinance was set for September 2003 at 7:00 p.m.
CAMPBELL AVENUE SANITARY SEWER LINE PRELIMINARY ENGINEERING REPORT-PROPOSAL FROM DEWBERRY AND DAVIS, INC.: Mr. Clark advised that a contract has been signed to employ Dewberry and Davis, AT A COST OF $5,000 to prepare a Preliminary Engineering Report to address capacity improvements of the sewer line to meet the needs of the service area for the expansion plans of local industry and development.
PULASKI BASEBALL: The Town of Pulaski and Pulaski Baseball, Inc. have invited the Town of Marion officials to be their guests for a Pulaski Blue Jays baseball game. The Town Council selected the date of August 25, 2003 and asked Mr. Clark to respond affirmatively on behalf of Town Council.
CHILI TEAM: Mr. Heath asked that the Town Council Chili Cook-off Team participate in a Cook-off to be held in Bristol on September 20, 2003.
PATRIOT’S DAY CELEBRATION: Mr. Heath asked if the Town plans a 2nd Annual Patriot’s Day Celebration. He noted that a big celebration is planned at the Tri-Cities Airport. This item was continued.
PAVING SCHEDULE: Mr. Hendrick advised that the Spring Paving Schedule has been completed except for W. Coyner Avenue and Lynn Street. Mayor Helms asked that centerlines be painted on the new pavement at the earliest date. This is to include crosswalks and schools.
ATTORNEY: Town Attorney Mark Fenyk informed Town Council of the Notice of Hearing of Bankruptcy of Joseph Francis in 2001. He noted that Mr. Robert Francis is in the process of buying out the shares of Francis Brothers from Joseph Francis. It was further noted that there are no delinquent real estate taxes owed to the Town of Marion on the Francis Brothers building.
HUNGRY MOTHER ESTATES: Mr. Fenyk advised that he had received a letter from W-L Attorney John H. Tate, Jr. to confirm the agreement with the Town of Marion to vacate the recorded plat relating to Hungry Mother Estates and the Deed of Vacation. W-L agreed to the following: 1) That the plat delivered to Town Manager John Clark showing 44 lots north of Callan Drive will be recorded shortly after January 2, 2004, and that they will execute and acknowledge the required certificate on the plat to dedicate the two (2) streets and other rights shown on this plat to the public. 2) That W-L will donate to the Town an additional area on the east side of the lower part of Prater Lane for the widening of Prater Lane. This will include an area from their other property, which permits the Town to install a cul-de-sac at the south end of Prater Lane at the railroad track. This area is not shown on the plats of Hungry Mother Estates, and they believe this is a part of the property they acquired by the escheat sale from the County several years ago. 3) Jointly with the Town, we will execute the enclosed Deed of Vacation vacating the plat recorded November 15, 2002. 4) Beginning in early 2004, W-L will begin developing the 44 lots north of Callan Drive by constructing Overlook Drive and Valley View Drive, and installing the required water and sewer lines within the lots shown on the proposed plat and the construction plans. There was an error in the original letter where Louise Avenue was used instead of Prater Lane. Mr. Hendrick moved that Mr. Fenyk contact John H. Tate, Jr. to make the necessary corrections with regard to street names. Upon these changes being made, that the Town proceed with the signing of the Deed of Vacation. Mr. Heath seconded the motion. Council approved the motion by a vote of 5 AYES and 2 NOES (Leaman, Cregger) Messrs Burkett, Hendrick, Heath, Warren, and Dr. Gates voted affirmatively.
CATRON STREET/SPRINKLE AVENUE COMPLAINT: It was noted that there is a site distance problem in this area due to vehicles parking there. It was suggested that the curb be painted to prohibit cars from parking there.
GANDHI PROPERTIES: Mr. Warren reported that he had visited the former Pepsi Building and former Hull Building with Dr. Krishna Gandhi. A complaint had been received concerning the condition of the Pepsi Building with regard to broken glass falling onto the sidewalk and protruding from the windows. Dr. Gandhi assured Mr. Warren that he plans to improve the condition of both properties.
PEDESTRIAN SIGN AT POST OFFICE: Mr. Warren asked that the Town consider a much larger sign indicating “Pedestrian Crossing” at the Post Office. Mr. Clark stated that he would meet with Purchasing Agent B. J. Hamm to discuss this possibility.
GILMAN STREET PROJECT: Mayor Helms reported that Town representatives met with DHCD officials to discuss uses for the grant funds approved for this project. Due to assistance with the cost for installation of the water line, it was decided that the Town could use the DHCD funds for other purposes, such as drainage. He added that the Town staff has met with the citizen’s group concerning the project.
CLOSED SESSION-JUSTIFICATION CODE OF VIRGINIA, Section 2.2-3711 (A1)-DISCUSSION ON PROCEDURE ON HIRING PUBLIC WORKS SUPERINTENDENT: Pursuant to Code of Virginia, Section 2.2-3711 and upon motion of Mr. Hendrick, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss procedure to be utilized in hiring of the Town’s Public Works Superintendent. Upon motion of Mr. Hendrick, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, Town Council returned to Open Session stating that only those matters identified in the motion and legally exempted from Open Session were discussed during the Closed Session. Messrs Burkett, Heath, Leaman, Warren, Cregger, Hendrick and Dr. Gates voted affirmatively.
Dr. Gates moved that the Town grant Mr. Clark the authority to advertise for the position of Public Works Superintendent internally and externally, simultaneously.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.