Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on August 2, 2004 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Eugene Hendrick, Ken Heath, Mark Warren, Mel Leaman, Buford Cregger, Herbert Clay and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Rev. Jeff Lambert of First United Methodist Church rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of the meeting, held 7/19/04, were approved as written and distributed. Messrs Hendrick, Heath, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.
VISITORS: Rev. Jeff Lambert, Jeff Spickard
UPDATE ON SEWER METERS-TOWN ENGINEER: Mr. Hicks advised that the County Sewer Meter on the Atkins line experienced difficulties from the time of installation. Currently, the meter is operating and the first data will be downloaded on August 3, 2004. The new Smyth County engineer is working closely with the Town staff.
The Hungry Mother Creek line has also experienced problems. The original meter will be replaced with a new meter following two (2) failures in the installed meter.
A site has been selected for installation of the Staley Creek meter. The size of the line is a determining factor. Sewer Plant Superintendent Donnie Coley will submit the electrical drop applications with AEP and VDOT. Mr. Leaman suggested that the Town proceed with installation of the conduit so that installation of the meter may be expedited.
REQUEST FOR PROPOSALS-CAMPBELL AVENUE SEWER PROJECT: Mr. Clark advised that the Town of Marion is soliciting engineering proposals for final design, inspection and construction administration services for the Campbell Avenue Sewer Replacement Project. Deadline for bids is August 13, 2004 at 4:00 p.m. The project will replace 2,130 feel of old undersized 12 and 15-inch sewer line with 20 to 24 inch sewer line. The line is a main interceptor serving most of the Town of Marion and Smyth County industries from General Dynamics to the east. The Sanitation Committee will meet to select an engineer based upon pre-determined criteria. Hopefully, the project will begin in late winter or early spring. It was noted that the Town Engineering Department would visit the worksite each day.
FIRE COMMITTEE ON VARIOUS ISSUES: Mr. Warren reported that OSHA has generated the development of a Rapid Intervention Team by local fire departments. The process will require that another fire department back up the attending department in the event of structure fires. This would be necessary to provide additional coverage to the locality and fresh personnel to fight the fire, if needed. Mayor Helms advised that the large trucks would not operate as back up vehicles. The MVFD would use the brush truck. Mr. Leaman stated that he is unsure about how OSHA could require this of a fully, volunteer fire department.
MARION VOLUNTEER FIRE DEPARTMENT-BRISTOL RACEWAY: MVFD has requested permission to take the Brush Truck to the next Bristol Race. The truck would be parked in the infield in the event of an emergency. MVFD would be compensated for standing by with the truck. With regard to insurance and liability, the Bristol International Raceway has blanket insurance to cover the fire department while at the race. The FD has requested a certificate of insurance and/or other documentation to this effect. According to Ben, the Town’s carrier would be responsible for the trip to and from Bristol. There was a question concerning Worker’s Compensation. Mr. Fenyk advised that the Town is, in fact, leasing Town property to BIR. He suggests that the insurance matters be settled prior to any agreement with BIR. Other questions which arose were: 1) who is responsible for expenses to and from BIR? 2) Will the truck and operators be traveling daily to Bristol or staying overnight? 3) Who is responsible for Worker’s Compensation for fire fighters? Mr. Heath moved that this matter be continued to the next meeting and that the Fire Chief or MVFD representative be present at the meeting to answer questions concerning this event. Mr. Leaman seconded the motion. The motion carried unanimously.
ORDINANCE COMMITTEE ON UPDATES TO TECHNOLOGY ZONE ORDINANCE: Mr. Hendrick reported that the Town and Smyth County Technology Zone Ordinances are quite similar. The Committee suggests and Dr. Gates moved that Section 70-196 be restructured (delete (2) and (3)) and that a public hearing be set for 9/7/04 at 7:00 p.m. to consider the matter. Mr. Cregger seconded the motion. Council approved the same unanimously.
WATER/FINANCE COMMITTEES ON WATER TREATMENT PLANT UPGRADE: Mr. Clark advised that a meeting that included town staff, engineers, MRPDC, auditors, Water and Sewer Committee members and management met to discuss the Water Treatment Plant Upgrade Project. Matters discussed were the need for the project. The plant is currently operating and 1/6 of capacity. However, this includes use of the town spring. If the spring were no longer available for use by the Town, the plant usage would drastically increase. Mr. Tom Taylor, MRPDC, informed the Town that the Town is eligible for up to $110,000 in funding. This would be used for engineering and design. 50% of the monies allotted must be repaid, at no interest. Other funding sources were discussed. Among those were Virginia Department of Health (Loan of $1,576,700 at 3.4% interest for 20 years-fixed rate), Virginia Revolving Loan Funds ($1,576,700 at 4.5% for 40 years) and use of retained earnings. Mr. Leaman requested that a structural analysis be conducted prior to initiating this project. Discussion ensued. Dr. Gates moved that this matter be continued to obtain more information and that the Town Manager be authorized to contact the Virginia Department of Health and express the Town’s interest in their loan proposal. Mr. Leaman seconded the motion. Council approved the same unanimously.
Mr. Jeff Spickard, Lane Engineering, was in attendance to answer questions. Dr. Gates suggested that the Town be in touch with Smyth County to discuss a joint project for WTP. In the event that this may become a regional project, it may become eligible for Tobacco Funds. Also, a regional plant would be more “sellable” to funding agencies.
HISTORIC TAX CREDIT: Mr. Heath advised that the he, Mark Fenyk and John H. Tate, Jr. continue to work on the Historic Tax Credit Ordinance so that the Town’s Ordinance and County’s Ordinance offer the same incentives.
MARION WELCOME CENTER: Mr. Heath advised that correspondence has been mailed to Mr. Dean Johnson of the Virginia Department of Corrections concerning the Town’s request that VDOC donate up to three (3) acres of land to the Town. The parcel adjoins Interstate 81 at Exit 45 Southbound off-ramp, with frontage on the approach to the correctional institution. The Town is awaiting a response from Mr. Johnson.
PLYWOOD BOAT DERBY: Mr. Heath informed Town Council that the 3rd Annual Labor Day Plywood Boat Derby would be held on September 4, 2004 at 2:00 p.m. The Town Council will again enter the Derby with John E. B. Clark, Jr. at the helm.
MARION DOWNTOWN MASTER REDEVELOPMENT PLAN: Mr. Heath informed Town Council that bids for the Marion Downtown Master Redevelopment Plan will be received 8/6/04. The plan is being developed so that necessary information for a CDBG grant application can be submitted in the fall of 2004.
BUSINESS PERSON OF THE YEAR: Town Council nominated Joe & Susie Ellis as Smyth County Chamber of Commerce Business Persons of the Year.
2ND ANNUAL SHUCK-N-CLUCK: The Second Annual Shuck-N-Cluck will be held on September 18, 2004 at Hungry Mother State Park.
WATER METER REPLACEMENT ON GILL STREET: As Smyth County Community Hospital has been notified that the replacement meter will be installed on Gill Street, this project may proceed.
CLOSURE OF ALLEY: Mr. Hendrick stated that there is nothing in the Town Code regarding closure of streets and alleyways. The Town currently addresses these requests via Code of Virginia regulations. Therefore, Mr. John Tilson, of Gilman Street, may request closure of an alleyway thru the procedure as stated in the Code of Virginia.
GILMAN STREET-BARBARA WHITE PROPERTY: Mr. Hendrick asked how the Town would pursue the process to acquire the Barbara White property as part of the Gilman Street Project. Mr. Clark advised that Charles Harrington is contacting the creditors to request that they release all liens against the property. He noted that as part of the spot blight process, eligible properties must be identified and the Town Council and MRHA Board vote on condemnation.
It was noted that the time line for the Gilman Street Project is 36 months.
COMMERCE STREET/TOWN STREET: Mr. Hicks advised that the project would begin immediately.
ZONING ORDINANCE-ROUGH DRAFT: The Zoning Ordinance was submitted to Town Council for review. Mr. Leaman moved that a joint public hearing be scheduled for September 20, 2004 at 7:00 p.m. to receive comments on the proposed Zoning Ordinance. Mr. Heath seconded the motion. Council approved the motion unanimously.
Mr. Hicks stated that several changes are incorporated into the rough draft. He added that a reference sheets including page numbers and section numbers of the changes is included.
Mr. Fenyk noted that a methadone definition was omitted. This definition will be incorporated into the Ordinance.
Many of the proposed changes were made to the Sign Ordinance. Dr. Gates suggested that the Fire Department be contacted and using the ladder truck evaluates the impact of high-rise signs. Mr. Clark will contact the MVFD and notify Town Council of the date of the demonstration. Dr. Gates also requested a copy of the sign ordinances from Abingdon and Wytheville.
GENERAL DYNAMICS: Mr. Clark and Mr. Warren conducted an industry visit to General Dynamics recently. They encourage members of Council to visit local industries whenever possible. Mr. Clay stated that he is very much interested in participating in industry visits.
COMMERCE STREET-CAR LOT OFFICE: Mr. Warren expressed concern that the office trailer on Commerce Street has not under-pinned. Mr. Hicks stated that he has talked with the owners about masonry skirting. However, the Zoning Ordinance does not address this matter other than in the MH zones. Another location is that of Family Ford. They have installed a modular building that was constructed according to Federal standards. The structure is in compliance with the Zoning Ordinance.
PULASKI BLUEJAYS BASEBALL: Mayor Helms reminded Town Council of the invitation to attend a Pulaski Blue jays Baseball game as a guest of the Town of Pulaski on September 12.
IRAQ-EMPLOYEE DEPLOYED: Mayor Helms informed Town Council that another Town employee, Robert Niehoff from the Sewage Treatment Plant, has been called to reserve duty. Mr. Niehoff left on Sunday, August 1, 2004 for California. From there he will be deployed to Iraq.
LINCOLN THEATRE: Mayor Helms stated that the children’s play at the Lincoln Theatre was a huge success. He added that the new shop, 120 Inc., was also very busy on that day.
PATRIOT’S DAY: Mayor Helms announced that Patriot’s Day would be held on September 11, 2004. He noted that the time is yet undetermined. Lt. Gov. Timothy Kaine has been invited to be guest speaker.
PRATER LANE RAILROAD CROSSING: Mr. Fenyk informed Town Council that a response from the railroad engineering office stated that they are satisfied with the original contract provided by N&S to close the crossing at Prater Lane. They, therefore, denied incorporating the changes proposed by Mr. Fenyk at the request of Town Council. Mr. Hicks stated that the Town pays a fee for each railroad crossing. He has requested permission to delay payment pending the closure of the crossing.
FORMER MARION LIFE SAVING CREW BUILDING: Mr. Fenyk advised that he has tried to contact Thad Moore on several occasions. He met with Mr. Moore and requested that the MLSC provide a resolution to Town Council that their Board of Directors relinquishes all rights to the property.
RAILROAD POLES/TRANSFORMERS: Mayor Helms stated that the railroad is removing old poles from along the tracks. He noted that originally the transformers on the poles were glass and later replaced by porcelain. Mr. Helms had several of the porcelain transformers and offered them to Council members to use as paperweights.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.