PRESENT: Mayor David P. Helms; Eugene Hendrick, Ken Heath, Mark Warren, Mel Leaman, Buford Cregger, Herbert Clay and Dr. James Gates, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; Police Sgt. W. Rex Anders; Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the minutes of the regular meeting held on June 21, 2004 were approved as written and distributed. Messrs Hendrick, Heath, Warren, Leaman, Clay, Cregger and Dr. Gates voted affirmatively.
Mr. Hendricks noted that approval of the 2004-2005 budget was omitted from the minutes of the Special Meeting held on June 30, 2004. The minutes were amended to state that upon motion, duly seconded and vote of 6 AYES and 0 NOES, Town Council adopted the 2004-2005 annual budget. Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the minutes of the meeting held on June 30, 2004 were approved as written and amended. Messrs Hendrick, Heath, Warren, Leaman, Cregger, Clay and Dr. Gates voted affirmatively.
VISITORS: Bill Thompson
WELCOME NEW TOWN COUNCIL MEMBER-HERBERT CLAY: Mayor Helms welcomed Herbert Clay, newly elected Town Council Member. Mr. Clay, a native of Marion, is Assistant Commonwealth’s Attorney for Smyth County.
APPOINTMENT OF TOWN MANAGER: Upon motion of Mr. Leaman, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, John E. B. Clark, Jr. was reappointed as Town Manager for a two year term.
APPOINTMENT OF ASSISTANT TOWN MANAGER/TOWN ENGINEER: Upon motion of Mr. Hendrick, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, Cecil Hicks was reappointed as Assistant Town Manager/Town Engineer for a two year term.
APPOINTMENT OF POLICE CHIEF: Upon motion of Mr. Heath, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, Michael Roberts was reappointed as Police Chief for a two year term.
APPOINTMENT OF TOWN CLERK/DIRECTOR OF FINANCE: Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Dixie O. Sheets was reappointed as Town Clerk/Director of Finance for a two year term.
APPOINTMENT OF TOWN ATTORNEY: Upon motion of Mr. Cregger, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Mark Fenyk was reappointed as Town Attorney for a two year term.
APPOINTMENT OF TOWN COUNCIL COMMITTEES: Mayor Helms presented a slate of Town Council Committees for 2004-2006. Upon motion of Mr. Heath, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the Town Council Committees were accepted.
APPOINTMENT OF VICE-MAYOR: Upon motion of Mr. Leaman, seconded by Mr. Cregger, and vote of 6 AYES and 1 ABSTENTION (Hendrick), Mr. Hendrick was appointed Vice-Mayor.
ORDINANCE COMMITTEE ON TECHNOLOGY ORDINANCE AND PROCEDURES TO CLOSE STREETS-MEETING TO BE SET: Mr. Clark will schedule a meeting to discuss these matters.
REPORT ON GILMAN STREET DRAINAGE -TOWN ENGINEER: Mr. Hicks reported that drainage from Holston View Apartments runs onto Gilman Street properties. Grant funds have become available to remove the old sewer manhole and two new sewer manholes have been installed to remedy the situation. He suggested blocking the curb entrance with grates and is working with MRHA on the situation.
REPORT ON RIVER VIEW/COUNTRY CLUB SEWER LINE: Mr. Hicks reported that design on the project is near completion. He added that the GIS has been most helpful in preparing for the project. Mr. Fenyk continues to secure the seven (7) easements required prior to beginning the project. Mr. Leaman asked that Town staff notify each person affected by the sewer line concerning the project.
APPOINTMENT TO MOUNT ROGERS PLANNING DISTRICT COMMISSION BOARD: Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION (Gates), Dr. Gates was appointed as the Town’s representative on the Mount Rogers Planning District Commission Board.
APPOINTMENT TO DISTRICT III BOARD: Upon motion of Mr. Cregger, seconded by Mr. Leaman, and vote of 5 AYES and 2 ABSTENTION (Heath, Hendrick), Mr. Hendrick was appointed as the Town’s representative on the District III Board. Mr. Heath was voted as alternative.
TRANSDOMINION EXPRESS PRESENTATION-BILL THOMPSON: Mr. Bill Thompson, the Town’s representative on the TransDominion Express Board, updated Town Council on the progress of the Board. The purpose of the group is to eventually provide passenger rail service that would run on existing tracks between Bristol and Richmond and between Lynchburg and Washington, DC. The proposed route would run thru Marion. A portion of the TDX route is factored into the I-81 Corridor project. The VTA has set aside funding of $9.3 million for the TDX. Norfolk & Southern has stated that they are ready to have passenger rail service on their lines. The passenger cars would be pulled by N&S engines. Mr. Thompson informed Town Council that the TDX will purchase five (5) Virginia High Speed Rail cars that will be stored and refurbished for use by the TDX. He added that further progress of TDX does not require I-81 corridor improvements. It was noted that the Town Council has supported the TDX in the annual budget for several years.
ADOPTION OF CHANGES IN THE CODE OF VIRGINIA, AS AMENDED, BY REFERENCE: Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, Town Council adopted the changes in the Code of Virginia, As Amended, by reference. Messrs Hendrick, Heath, Leaman, Warren, Cregger, Clay and Dr. Gates voted affirmatively.
WATER COMMITTEE ON NEW METER AT SMYTH COUNTY COMMUNITY HOSPITAL: Mr. Hicks advised that Smyth County Community Hospital constructed Francis Marion Manor Nursing Home in 1985 and ran a six (6) inch line to the Manor. The line crosses various utilities. The Town did not install the 800 feet of line from SCCH to Francis Marion Manor Nursing Home. A meter was set at the Manor. Mr. Hicks stated that the meter is to be replaced and suggested that the new meter be installed at the Town’s right-of- way on Gill Street. He added that the new meter must be a fire-plug meter. Staff is unaware if there is unmetered water at this location. The Water Committee recommended that the new meter be installed, at the Town’s expense, in the right of way on Gill Street. Mr. Clark advised that he has spoken to Will Mahone of SCCH and he is amenable to the change in location of the meter. Mayor Helms stated that there should be some agreement, in writing, that SCCH accepts the line past the new meter. Mr. Fenyk stated that the meter should be set at the closest street right of way to the property line. Mr. Hendrick moved that the Town install a new meter and inform SCCH and/or Nursing Home that they would be accepting responsibility for maintenance of the line past the new meter. The meter location is to be determined and justified by the Town Attorney. The motion was duly seconded, and carried by a vote of 6 AYES and 1 NOE (Clay). Mr. Clay is a member of the Board of Directors at SCCH.
MASTER REDEVELOPMENT PLAN FOR HISTORIC DOWNTOWN DISTRICT: Mr. Heath advised that up to $35,000 maximum has been allocated by CDBG to secure: 1) A Comprehensive Parking Study; 2) A Comprehensive Directional Signage Program; and 3) A Comprehensive Physical Space Improvement Program for the Historic Downtown District.
CARE OF PREMISES: Mr. Heath advised that another house on Pearl Avenue has been reported that should be considered for demolition under the Town Code.
JAMESTOWN 2007 CELEBRATION: Mayor Helms and Mr. Heath will attend a meeting at Wytheville Community College concerning plans for the Celebration.
ENTERPRISE ZONE: Mr. Heath announced that the Town of Marion did not receive Enterprise Zone designation. He requested that staff contact them to review the weak points of our application. This would enable the Town to submit a stronger application in the future.
CHILI COOK-OFF: The annual Chili Cook-off will be held on July 16, 2004.
DOWNTOWN DAYS: Downtown Days! Celebration will be held on July 16, 17, 18, 2004. The festivities will include a street dance, chili cook-off, arts and crafts, car show, and food vendors.
MARION DOWNTOWN! HOT DOG LUNCH: Marion Downtown! will host a hot dog lunch on Friday, July 9, 2004 at the back lot of the Municipal Building. All Town employees and Council Members are invited to attend.
SAFETY PROGRAM: Mr. Hendrick announced that Town employees have completed another quarter (March-June) without a time lost accident. Congratulations. Each full time employee receives four (4) hours off for each quarter ended successfully with no lost time accidents.
COMMERCE STREET/CHESTNUT STREET/TOWN STREET PROJECT: The Town has proposed to repair the sidewalks, install some new sidewalk and a planter in the project area. The project has been previously discussed and the Town engineer was asked to obtain information regarding ADA requirements for the sidewalks. The project includes sidewalks, a three (3) foot planter and 16 feet of pavement. Mr. Hicks advised that information of the regulations was obtained from the Building Inspector. He also discussed the matter with Doug Covington, T&L Architects who verified that the minimum width is 36”. The project proposes to install 48” sidewalks. A quote from Ken Construction for the project is $32,645. Dr. Gates asked if the funds were budgeted. It was explained that $20,000 is budgeted for concrete. Dr. Gates stated that he felt it is a good project, if funds can be found to pay for it. Mr. Hendrick moved that the Town proceed with the project. Mr. Clay seconded the motion. Discussion ensued. The motion carried by a vote of 4 AYES, 2 NOES (Leaman, Clay) and 1 ABSTENTION (Heath).
PUBLIC WORKS: Mr. Cregger commended the Public Works Department and Public Works Director for a job well done.
911 COMMITTEE: Mr. Leaman requested that the Town approve a proposal from the 911 Committee to drop one representative from each entity. Currently there are three (3). The new contract, at the end of 2004, will reduce the number to two (2) representatives each. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the proposal was approved.
BIKEWAY PROJECT: Dr. Gates asked that the Bikeway Project be halted during the Arts & Crafts Festival at Hungry Mother State Park. Mr. Clark advised that this has already been discussed with the contractors.
LINCOLN THEATER: Dr. Gates reported that the 75th Anniversary Celebration of the Lincoln Theatre was a huge success. The program consisted of four area Bluegrass Bands with approximately 400 people in attendance.
JULY 4TH CELEBRATION: Mayor Helms stated that he had received numerous positive comments about the fireworks presentation and bands.
TRANSIT: Mayor Helms stated that the Transit System usage continues to grow. This has been a very good program for the citizens of the Town.
VML: The annual VML Conference will be held on October 3-5, 2004 in Alexandria. Mayor Helms instructed those who plan to attend to submit their information to Ms. Sheets.
SEWER METERS TO RECORD COUNTY SEWER USAGES: Mayor Helms asked that Town staff finalize the installation of master meters that record County sewer usages. The Town had requested that Smyth County install these meters. The County signed an agreement but no meters were installed. The Town purchased and installed a meter to measure the flow from the Hungry Mother Creek Sewer Line and is being monitored monthly by the Town and County. Smyth County has not installed the meters at the other two (2) locations. Mr. Clark stated that he has discussed this matter with the County Administrator and County Engineer.
HISTORIC TAX ABATEMENT: Mr. Heath informed Town Council that Smyth County has not considered the Historic Tax Abatement as adopted by the Town of Marion. County Attorney John H. Tate, Jr. has stated that he must have a copy of the Ordinance to present it to the Board of Supervisors. Mr. Heath and Mr. Fenyk stated that both have supplied copies of the Ordinance to Mr. Tate.
FINANCE COMMITTEE: Mayor Helms referred a request for funding from the Extreme Dance group for a trip to perform at Walt Disney World in Orlando, Florida.
STREET LIGHTS: Mr. Clark reported that he met with AEP representatives concerning a town-wide upgrade of street lights. The estimated cost is $11,745. This only included lights within the Town corporate limits. Mayor Helms noted that a request has been received to improve the lighting in Wassona Circle from Ann T. Snider. This request will be considered with the assessment of the entire Town of Marion.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (A3) and upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss possible real estate acquisition. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during the Closed Session. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Leaman, Cregger, Warren, Heath, Clay and Dr. Gates voted affirmatively.
LAND ACQUISITION: Dr. Gates moved that a letter be drafted by the Town Attorney be mailed to the identified party. Mr. Heath seconded the motion. Council approved the motion unanimously.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.