PRESENT: Vice-Mayor Samuel Burkett; Buford Cregger, Ken Heath (arriving late), Eugene Hendrick, Mel Leaman, Mark Warren and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk and Police Chief Michael Roberts.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and Vice-Mayor Burkett led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the minutes of the Town Council Meeting held on November 3, 2003 were approved as written and distributed. Messrs Leaman, Hendrick, Cregger, Warren and Dr. Gates voted affirmatively.
VISITORS: Bobby Rouse, Judy Cox
PUBLIC HEARING –REQUEST FOR SPECIAL USE PERMIT-1305 PRATER LANE-BILL WHITE: Mr. Bill White, 1305 Prater Lane, has requested a Special Use Permit for Home Occupation for the purpose of operating an office in his home for a building construction service. There was no public comment – pro or con. Mr. Hicks read the staff recommendation for approval of request with the following conditions:
1. That all Town ordinances, State and Federal laws be observed in general and that the Town regulations concerning land use; signs, storm-water management and on-site parking be observed in particular.
2. That any changes in ownership of the property, residency of the applicant,
or material change in the nature of the business would invalidate the
Special Use Permit.
3. That all work performed at home be confined to the interior of the
residential structure.
4. That no on-site advertising be visible from the adjoining property or street.
5. That the business continue to meet the definition of Home Occupation
(Section 19.30) in the Town’s Zoning Ordinance.
Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, the request was granted with restrictions as recommended by the Staff. Messrs Cregger, Hendrick, Leaman, Warren and Dr. Gates voted affirmatively.
FOURTH STREET-REPORT FROM ATTORNEY: Mr. Fenyk reported that upon review at the Smyth County Circuit Court Clerk’s Office, it is his opinion that the area in question, known as “Fourth Street” is indeed a private right-of-way and not a public street. The deed whereby Lincoln Hill Baptist Church obtained title to the property on which the church is located states that the church was conveyed a right-of-way for access to their property. He further suggested that the Town refrain from providing services, such as snow removal, garbage collection and road repairs as this is a private right-of-way. Mr. Cregger moved that this item be dropped from the agenda and that Mr. Clark advise property owners that this is a private street. Mr. Hendrick seconded the motion. Council approved the motion by a vote of 5 AYES and 0 NOES.
BRIDGE INSPECTIONS- REPORT FROM TOWN ENGINEER: Mr. Hicks advised that he has contacted Wayne Schwartz of Schwartz and Associates, Inc., of Lynchburg, VA concerning the Town’s bridge inspections. The firm inspects all VDOT bridges in the southwest district including the interstate bridges and are certified. Inspection of the Town’s bridges is overdue and Mr. Hicks requested approval of $5,730 to contract Schwartz and Associates, Inc. to inspect the 10 bridges that are now due. VDOT recently notified the Town that due to new critera and certification standards, Mr. Hicks is no longer certified to inspect the bridges. Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 5 AYES and 1 ABSTENTION (Heath), Council approved Mr. Hick’s request to contact Schwartz and Associates to inspect the bridges. Mr. Heath arrived after the discussion. It was noted that Council and Town staff are discussing various possible solutions to future bridge inspections. Mr. Hicks was asked to obtain a cost analysis on Bridge Inspection Training.
COMPREHENSIVE PLAN-REPORT ON UPDATE: Mr. Hicks stated that he had provided Daniel Koenig with a copy of the Comprehensive Plan and spoken with him concerning review and update of the Comprehensive Plan. However, no cost or time limit has been established. Mr. Clark expressed concern that Mr. Koenig is a recent college graduate and in pursuit of permanent employment and may not be able to complete the project. Another area of concern is that he may find it difficult to obtain information needed for the project. Mr. Clark suggested that a quote for the project be obtained from Mt. Rogers Planning District Commission for revision of the Comprehensive. Mr. Heath moved that a quotation to revise the Comprehensive Plan be secured from Mt. Rogers Planning District Commission, to include a time-frame. Mr. Warren seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES.
Mr. Leaman stated that there are two (2) projects to be considered. One project is review of the recently completed Zoning Ordinance and the other is revision of the Comprehensive Plan.
PARK BOULEVARD BIKING TRAIL STATUS REPORT: Anderson & Associates, Inc. have advised the Town that VDOT requested further verification for the approved environmental document and requested certain minor revisions. The project is still on schedule to be advertised in January 2004 with construction beginning in April 2004.
GILMAN STREET PROJECT: Mr. Clark reported that the Gilman Street Water Line Replacement Project began last week. Three houses have already had the specifications completed and they will be bid out in the next few weeks. The option on the Blevins and Overbay property ends on January 2, 2004. They have requested closure on that date.
EAST CHILHOWIE STREET BRIDGE: Mr. Clark advised that he met with Wade Chenault, T-21 funding, to discuss the need for completion of this project to alleviate traffic problems. Mr. Clark inquired that if the Town borrowed the funds to “fast-track” the project would the money be reimbursed by T-21. Mr. Chenault advised that the regular progress might be for the best and wait for T-21 funds.
ACCOUNTS: Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the accounts were approved for payment from the General Fund in the amount of $524,707.96. Messrs Cregger, Hendrick, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Cregger, Hendrick, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
CHRISTMAS PARADE-REQUEST FOR DONATION: Ken Heath, Executive Director of the MDRA and Parade Coordinator, requested a donation to the parade in the amount of $2,500. Town Council had appropriated $1,500 for the parade. Dr. Gates moved that $1,500 be donated to the parade. Mr. Leaman seconded the motion. Council approved the same by a vote of 5 AYES and 1 ABSTENTION (Heath).
REQUEST TO CLOSE CHESTNUT STREET AT INTERSECTION WITH EAST MAIN STREET: Ryan Hall, president of First Residential Mortgage Company, requested permission to close Chestnut Street from Main Street to Town Street for less than two (2) weeks to perform renovations to the outside of the structure. Mr. Hall had spoken with the owners of the cab stand and Post Office Antiques who have businesses located on this portion of Chestnut Street. Mr. Clark stated that they had no problem with the temporary closure of the street. Discussion ensued. Members of Town Council felt that the Street should be open when no work is being performed. Mr. Cregger moved that the request to close a portion of Chestnut Street from Main Street to Town Street be approved, only when work is being performed on the building. Mr. Leaman seconded the motion. Council approved the motion by a vote of 5 AYES and 1 ABSTENTION (Heath).
FINANCE COMMITTEE-REPORT ON MEANS TO CONSTRUCT TOWN SHOP ROOFS: Mr. Fenyk advised the Town that upon review of the scope the bids from H. S. Williams for work to be performed on each roof at the Town Shop, the bids may be accepted separately. Only $10,000 was included in the Public Works budget for this purpose. $19,600 was budgeted for repairs to the former Lifesaving Crew Building. The Committee felt the repairs would be much less than the budgeted amount.
The Finance Committee met to discuss funding for the repair/removal of the roofs at the Town Shop. It was determined that a cut-off saw, a new backhoe and spreader are not critical needs at this time. Savings from these items are $27,649.
The recommendation of the Finance Committee is to accept the bids on the roofs utilizing the funding described. Upon motion of Mr. Warren, seconded by Mr. Hendrick, and vote of 5 AYES and 1 ABSTENTION (Cregger), Council accepted the bid of $11,212 for the new roof/guttering on the Town shop-Building # 1. Messrs Leaman, Hendrick, Warren, Heath and Dr. Gates voted affirmatively.
Upon motion of Mr. Warren, seconded by Dr. Gates, and vote of 5 AYES and 1 ABSTENTION (Cregger), Council accepted the bid of $18,542 for roof repairs to Shop Building # 2. Additionally, any guttering that requires replacement, shall be replaced at the same rate per linear foot as bid on Building # 1. Messrs Leaman, Hendrick, Warren, Heath and Dr. Gates voted affirmatively.
Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 5 AYES and 1 ABSTENTION (Cregger), Council accepted the bid of $2,526 for roof repairs to the former Marion Life Saving Crew Building.
Mr. Cregger noted that he abstained from voting due to a conflict of interest.
COMPLIANCE ON SIGNS: Cargo employees, Bob Rouse and Judy Cox, asked for a definition of how signs are to be displayed at a commercial business. Mr. Hicks office had notified approximately 30 businesses that some of their signs were not in compliance with the Town Zoning Ordinance. Mr. Hicks explained that temporary signs may not be strapped to utility poles or propped up beside established signs. Ms. Cox explained that if they do not display some of the signs, they are in conflict with their lease and contractual agreements. Mr. Hicks offered to work with the business to bring them into compliance. Mr. Leaman stated that the Zoning Ordinance has been reviewed and revised and will be presented for public comment prior to acceptance by Town Council. He urged businesses to attend this public hearing to voice their views and recommendations. Mr. Burkett emphasized the fact that the Town had no wish to adversely affect businesses. They were only adhering to the Town’s current Zoning Ordinance.
STREET LIGHT COMPLAINT-CIVITAN PARK: Mr. Warren asked if the light situation at the Civitan Park has been resolved. Mrs. Rae Grissom had complained that the light was too bright and disturbed them in the evenings. Mr. Clark advised that the light has been replaced. Mr. Warren will contact Mrs. Grissom to determine if the situation has improved.
CHRISTMAS PARADE: Mr. Heath reminded Council of the Christmas Parade on Sunday, November 23, 2003 at 3 p.m.
PUBLIC WORKS CREW COMMENDED: Mr. Cregger commended the Public Works force on cleaning up the S. Main Street sidewalks and rock bank for a job well done.
SMYTH COUNTY BOARD OF SUPERVISORS-REQUEST FOR EASEMENT: Town Attorney Mark Fenyk had presented a right-of-way easement for property off of Rocky Hollow Road, near the Ruritan Club Building, in Atkins. The request was to allow a 20 foot permanent easement (for the water line) and a 40 foot temporary construction easement. Mr. Fenyk stated that Mr. Hicks has advised that the easement would have no adverse affect on the spring located on the property. Mr. Clark informed Council that the line will be a future revenue source for the Town. The Council will purchase wholesale water from the Town. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the easement was approved.
ADELPHIA COMMUNICATIONS CORPORATION: Mr. Fenyk advised that Adelphia Communications Corporation has hired a financial company to review their progress coming out of bankruptcy. They had petitioned the bankruptcy court to allow them to proceed with the normal process to renew franchises.
WebGIS: The Town has been advised that the WebGIS site has been completed. Anderson & Associates, Inc. is hosting the site on a monthly basis at a cost of $105.08 per month. The current contract runs through December 2003.
PARCEL CONVERSION: Anderson & Associates, Inc. have advised the Town of the following:
“1. All parcels have been attributed with their map and parcel numbers. 2. Tax maps have been test plotted over the original tax maps locating any duplication of errors. This was a QC process. Any errors that were found have been fixed. 3. Their database has been matched against the Marion property database in order to accurately link the parcels from the map to the attribute table. 4. The last step is the final fitting, or rubber sheeting, is currently underway and should be complete by November 14, 2003.”
READ-A-THON-MARION PRIMARY SCHOOL-REQUEST FOR DONATION: A letter of request was received from Kimberly G. Williams, MPS Assistant Principal, requesting support in implementing a Read-A-Thom program. Funding will be used to purchases prizes and incentives for students participating in the program. Any extra funds generated will be used to purchase reading materials for the school. Upon motion of Dr. Gates., seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, $100 was appropriated for the Marion Primary Read-A-Thon Program. Messrs Leaman, Hendrick, Cregger, Heath, Warren and Dr. Gates voted affirmatively.
WATER RATES REPORT-DRAPER ADEN: Mr. Clark stated that according to the report, the Town of Marion is competitive with like-size localities with our Water Rates.
CAMPBELL AVENUE SEWER: Mr. Clark advised Council that he attended the last Smyth County Board of Supervisors meeting to answer any questions concerning the Campbell Avenue Sewer Line Project. He stated that after 2 ½ hours, the subject was not brought up. He added that it was on a continued agenda. Mr. Leaman noted the three (3) sewer meters should have already been installed. They are to be installed: 1) Staley Creek; 2) Holston Hills Golf Course for the Hungry Mother Sewer Line; and 3) Atkins. Discussion ensued. During the discussion, it was noted that the County had planed to purchase and install one meter at a time. Mr. Hicks advised that the information the Town has on these sewer flows is four (4) years old. Mr. Fenyk informed Council that contract allows the Town to step in and purchase and install the meters. The County is then liable for ½ of the cost. Grant funds were available and funding more favorable if all affected governmental agencies are in agreement. Dr. Gates moved that Mr. Fenyk write a letter, with input from Mr. Hicks and Mr. Coley, that the meter will be purchased, installed and the County billed for ½ of the total costs. The Town Engineer and County Engineer will review the flows. If the meter is acceptable to both engineers, the other two (2) meters will be ordered and installed. Mr. Leaman seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES.
TERRACE DRIVE AND ROUTE 16 NORTH (PARK BLVD.): Mr. Hicks reported that after meeting with VDOT Engineer Ronnie Hubble, he was in agreement that the Town should cut back on the right of way on both the north and south sides at the intersection. Mr. Hicks stated that Teaters Trucking has quoted a price of $8,000 to perform this work. Mr. Hendrick moved that the Town obtain a contract from Mr. Teaters for a ‘turn-key’ (including seeding) job, not to exceed $8,000. The motion was seconded by Mr. Heath and carried by a vote of 6 AYES and 0 NOES.
NORTH MAIN STREET AT THE RAILROAD CROSSING: Mr. Hicks stated that school bus drivers have complained that when they stop at the railroad crossing (by law), as the bus pulls across the tracks, cars will merge into their lane of traffic cutting the bus off. They cited this as a very dangerous situation. VDOT Engineer Ronnie Hubble also reviewed this problem with Mr. Hicks. Mr. Hubble informed Mr. Hicks that the Town could install a solid white line approximately 100 feet before and after the railroad crossing, between the right and left lane. However, it was noted that most motorists would be unaware of what the line would be for. He indicated that the real problem is not in the white lines, but with the way traffic is handled at the schools (i.e. students driving and parents driving students to school, rather than riding the buses). Chief Roberts will review the problem and report his findings to Council.
COMMERCE STREET AND CHERRY STREET INTERSECTION: Mr. Hicks reminded Council that a request had been submitted that the Town Council consider a turn lane from Commerce Street onto Cherry Street. Mr. Hubble, VDOT Engineer, suggested that the Town conduct a 12-hour traffic count showing all of the traffic volumes in each direction. VDOT would perform an analysis on the data and draw conclusions from the same.
NORTH MAIN STREET INTERSECTION AT CHATHAM HILL ROAD: Mr. Hicks advised that there is a “no right turn” sign at the intersection. VDOT concurred that there is nor safe way to allow for right turns on red lights at this intersection.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.