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 Engineer Cecil Hicks; Purchasing Agent B. J. Hamm; Town Attorney Mark Fenyk; Police Chief Michael Roberts; and 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: Mr. Warren clarified that the Fire Department Rapid Intervention Team does not respond to all fires as back-up but is activated when a potential rescue is in progress. OSHA requires back up in the event of a “May Day” call by a rescue person. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of the meeting held on August 2, 2004 were approved as written, clarified and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.
VISITORS: Henry Brant, Shirley Snider, Marsha Collins, Fred Dimit, David Fields, Shiela Quattrocchi, Don Francis, Scott Wilson, Betty Hawks, Delores Boehm, Sue Morrell, Richard Mears, Richard C. Robinson, Pauline M. Thomas, Brenda Gwyn, Frank Detweiler, Jeff Spickard, Jim May, Michael Yingling, Allen McClure, Tracy Sledd.
RESOLUTION OF CONGRATULATIONS FOR EAGLE SCOUT CHRISTOPHER POWERS: Eagle Scout Powers was unable to attend this meeting.
HISTORICAL SOCIETY-HENRY BRANT: Henry Brant, President of the Smyth County Historical Society, requested that the Town of Marion appoint a member to serve on a Committee to enter into a joint venture to upgrade the Smyth County Museum. He noted that the Museum has property at 109 West Strother Street and in the former elementary school located on North Church Street. Mr. Brant advised that several rooms at the museum contain a great deal of memorabilia, photographs and newspapers. The Historical Society has also expanded resources for genealogy research. However, the museum depends upon volunteers to “man” the site and can only be open on Friday and Saturday. Mr. Brant stated that visitors from all 50 states and numerous foreign countries have visited the Museum. Dr. Gates moved that this item be referred to the Town Uplift Committee for study and recommendation. Mr. Warren seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Mr. Heath volunteered to serve on the Committee. Mr. Warren noted that Mr. Heath would already be involved as the Director of Marion Downtown!
CIVIL WAR PROGRAM: Henry Brant, President of the Smyth County Historical Society, announced that Dr. Bud Robertson would present a program on Soldiers of the Civil War at the Lincoln Theatre on November 9, 2004 at 7:00 p.m. Dr. Robertson has authored books on the Civil War and is considered an authority on the subject. Books will be for sale at the Lincoln Theatre. Tickets are available for $7 for adults and $3 for children.
DON FRANCIS RECOGNIZED: Mayor Helms recognized Mr. Don Francis for his continued work on the Civil War History of Smyth County.
DEED FOR FORMER LIFE SAVING CREW BUILDING-TOWN ATTORNEY: Having proper authority from the Board of the Marion Life Saving Crew, Inc., they conveyed any interest it might have in the former building or property which was conveyed to the Town of Marion by deed recorded in Deed Book 119, Page 92. The Deed was prepared by Mark B. Fenyk and will be recorded at the Smyth County Court House. Mr. Fenyk recommended that a street on the property be closed. Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the Town accepted the property and referred closure of the street to the Street Committee. Messrs Hendrick, Heath, Warren, Clay, Leaman, Cregger and Dr. Gates voted affirmatively.
AGREEMENT BETWEEN NORFOLK-SOUTHERN AND TOWN AT OLD PRATER CROSSING: Mr. Fenyk advised that he had made several suggested changes to the original agreement with N&S concerning the closure of the crossing at Prater Lane. N&S has returned the agreement to Mr. Fenyk, stating that they are content with the agreement without making any changes. Mr. Fenyk had expressed concern about the assumption of liability risk by the Town and that environmental or hazardous material may infiltrate the sewer or storm water system from the trains. Discussion ensued. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this matter was referred to the Street Committee.
AGREEMENT FOR ASSISTANCE FROM MT. ROGERS PDC FOR ENGINEERING SERVICES AND AUGUST 4, 2004 LETTER TO THOMAS GRAY OF HEALTH DEPARTMENT: Mr. Clark requested permission to enter into an Agreement of Understanding between MRPDC and the Town for the purpose of providing funding for engineering design for the refurbishing and structure environmental analysis of the Marion Water Treatment Plant. The terms of the agreement are: 1) Mount Rogers PDC will provide funding in the amount of $100,000 for engineering and design for refurbishing and structural analysis of the water treatment plant. The town will be responsible for procurement of engineering services in accordance with Virginia procurement laws; 2) The Town will forward to the PDC a copy of any engineering design reports and will make quarterly reports to the PDC on the progress of the project. 3) The Town will over a period of ten years (120) months pay back to the PDC 50% of the total amount of funds provided for this project in monthly installments of $416.66. The payback would come from construction grants and loans that allow reimbursement of design costs. Payback would begin after the project is completed. Should the project not go to construction within ten years, the design funds would be all grant. 4) The Town will work with due diligence to procure a professional engineering firm and start work toward construction upon completion of the design. Upon motion of Mr. Leaman seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Town Council granted permission to enter into a Memorandum of Understanding with MRPDC and advertise a Request for Proposals for the project. Messrs Hendrick, Leaman, Cregger, Clay, Heath, Warren and Dr. Gates voted affirmatively.
COUNTY PARTICIPATION IN WATER TREATMENT PLANT UPGRADE: Mr. Heath asked if Smyth County has been invited to participate in the upgrade. Mr. Clark advised that Smyth County has not been formally approached to participate.
RAPID INTERVENTION TEAM: Chief May explained that the RIT has been formed in response to the OSHA “2 in / 2 out” rule per Virginia regulations. All fire chiefs have devised a plan to back each other up should the need arise on a structure fire. Minimal equipment will be used during a response of the RIT. The program is currently in the planning and negotiation stage. The team is most needed in the daytime hours. Chief May informed Council that training would be issued on a volunteer basis only. He expects 10 fire fighters to be trained. Chief May emphasized that the intention of the RIT program is only to render assistance to adequately cover a fire event area, not to infringe on another department’s territory. May stated that equipment needed to equip the RIT vehicle is already on hand.
FIRE CHIEF JIM MAY TO ANSWER QUESTIONS OF FIRE DEPARTMENT PARTICIPATION AT THE BRISTOL RACE: Chief May answered questions concerning the participation of MVFD members and equipment at the Bristol Raceway. Chief May stated that currently MVFD members are compensated by the Raceway to use Bristol Tennessee trucks. The members were required to receive training at the raceway. Depending on the event, the fire department may or may not receive monies from BIR. Chief May noted that members are covered for injury and liability by the raceway while inside the facility. The town’s insurance would cover the fire fighters from Marion to Bristol and Bristol to Marion. Members of Council were in favor of the arrangement, pending documentation of insurance coverage by the raceway. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, permission was granted to use a fire department vehicle to transport MVFD members to BIR, pending documentation of insurance coverage by the raceway.
RESCHEDULING OF SEVERAL PUBLIC HEARINGS: Due to the fact that the Public Hearings were not listed as requested in the Smyth County News and Messenger, three public hearings will be rescheduled to September 7, 2004 at 7:00 p.m. The affected hearings are: 1) A request to rezone a parcel of property located behind the Mexican Restaurant from Commercial General to R-3; 2) Amendments/changes to the Town of Marion Code of Ordinances, Article II, Section 76-20 – Trees and Landscaping; 3) Request to rezone a parcel of property located at the corner of Culbert Drive and Park Boulevard from R1 and R2 to Medical Arts. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the hearings were re-scheduled.
UPDATE ON CHILHOWIE STREET-SCOTT WILSON OF THOMPSON & LITTON: Scott Wilson stated that the Town is currently waiting on the VDOT Pedestrian Safety Division to grant approval of the project. Most other state agencies have already approved the project. T&L has applied for right-of-way certification. Hopefully, the project can begin in October 2004. Upon motion of Mr. Hendrick, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Town Council granted permission to bid the Chilhowie Street Bridge Project as soon as appropriate approval from VDOT.
RESPONSES FROM ENGINEERING FIRM FOR CAMPBELL AVENUE SEWER: Mr. Hicks stated that proposals have been received from two firms. Interviews will be set up to discuss the proposals and select the engineering firm for the Campbell Avenue Sewer Project.
LETTER FROM FIRE DEPARTMENT ON REPLACEMENT TO E-911: A letter from Fire Chief James T. May requested that Michael Yingling be appointed to the 911 Committee. Chief May stated that the current representative attends the 911 meetings but does not attend fire department meetings and has made only one report to the MVFD this year. Mr. Leaman asked if the current committee member has been contacted. Chief responded that he had not been contacted. Mr. Leaman suggested that action be tabled until the contract renewal in December. He stated that there has been no movement to continue the E-911 Committee by Smyth County. Upon motion, duly seconded and vote of 6 AYES and 1 NOE (Leaman), Michael Yingling was appointed as the Town’s representative on the E911 Committee.
NOTICE OF PUBLIC HEARING ON CAMPBELL AVENUE SEWER LINE, “INTENT TO FILE APPLICATION TO RURAL DEVELOPMENT”: A Public Hearing has been scheduled on September 7, 2004 at 7:00 p.m. to receive public input on the Town of Marion’s intent to file an application for USDA, Rural Development funding for the Campbell Avenue Sewer Line Project.
RESERVATIONS-TOWN/COUNTY BARBEQUE: Town & County BBQ will be held on August 26, 2004.
INSURANCE COMMITTEE ON 55 YEARS OR YOUNGER RETIREMENT: This item was referred to the Insurance Committee for study and report.
WATER COMMITTEE ON WATER ACCOUNTABILITY: This item was referred to the Water Committee for study and report.
ACCOUNTS: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $904,150.01. Messrs Hendrick, Leaman, Cregger, Warren, Clay, Heath and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messers Hendrick, Leaman, Cregger, Warren, Clay, Heath and Dr. Gates voted affirmatively.
STREET COMMITTEE-TERRACE DRIVE/CULBERT DRIVE: Mr. Hicks reported that a contractor for Smyth County Community Hospital was boring the area with fiber optic line to connect the hospital with the physicians offices on Terrace Drive. The contractor did not communicate the project with the Town. Mr. Fenyk added that the Town is not responsible for fiber optic lines in the ground. Town regulations require utilities to be installed overhead. He added that the Town has received no provision of insurance by SCCH to be responsible for damage to their fiber optic line and Town utility line. SCCH has asked that the Town reconsider their position on installation of the fiber optic line. Mr. Hicks noted that all utility line installations must be approved by the Town Engineer’s Office. Mr. Leaman further noted that other utility operators are required to purchase a franchise license from the Town. Dr. Gates moved that Mr. Fenyk proceed with proper action with regard to right-of-way infringes and damage to the Town sewer line. They further directed that SCCH be billed for damages and advised that all appropriate permits and licenses be secured. Mr. Warren seconded the motion. Council approved the motion by a vote 6 AYES and 1 ABSENTATION (Mr. Clay).
Town staff was instructed to use good judgment that business is not interrupted while this issue is being settled.
RED BUD LANE: Mr. Hicks requested that the Street Committee meet with residents with regard to the ‘paper’ street on Red Bud Lane.
CULBERT DRIVE RESIDENT: Mr. Hicks informed Council that a resident has complained that andapron’ installed on Culbert Drive has caused his vehicle to drag. Mr. Cregger stated that this matter is “on-hold” temporarily.
TAX ABATEMENT INFORMATION: Mr. Heath advised that Tax Abatement information has been forwarded to Smyth County Attorney John H. Tate, Jr.
HOUSING BOARD COMMISSIONERS: Mr. Heath stated that members of the Board are up for reappointment in September 2004.
BACK TO SCHOOL PARTY: A request was received from Mt. Zion Church to hold a “Back to School Party” on Board Street. They request that Board Street be closed form Main Street to Lee Street. Upon motion of Mr. Cregger, seconded by Mr. Clay and vote of 6 Ayes and 1 ABSENTATION (Mr. Heath), the request was granted.
REMOVAL OF DEBRIS: It was requested that debris at 1231 Matson Drive be removed.
TOWN STREET PROJECT: This project is proceeding.
MACADOS: The Macados Restaurant renovations are underway.
JAPANESE STEAKHOUSE: The Japanese Steakhouse, Kimono, will open in late August 2004 and will be located at the corner of East Main and Commerce Streets.
CONDITION OF PARKS COMMENDED: Mr. Hendrick stated that the town’s parks look very good. He requested that the bank at Ogburn Field on Chatham Hill Road be mowed.
TREE INVENTORY: Mr. Hendrick advised that the experts would be working on the Tree Inventory on Park Boulevard.
ZONING ORDINANCE WORKSHOP: Mr. Hendrick suggested that the Town Council conduct a workshop to review the revised Zoning Ordinance. Mr. Leaman suggested that any changes or questions be referred to Planning Commission Chairman Bob Ramsey. The Planning Commission will meet again on August 23, 2004.
FIRE DEPARTMENT – THANKS: Council members expressed their appreciation to MVFD for their assistance in conducting an experiment with regard to the height on business signs.
MILLING MATERIAL: Mr. Cregger suggested that milling material from Funk Street be distributed to Crockett Street.
CHERRY STREET DRIVEWAY: Mr. Warren asked that the Engineering Department review a complaint on Cherry Street with regard to entrance into the property.
PARKING OF COMMERICAL VEHICLES ALONG RESIDENTIAL STREETS: Several complaints have been received regarding trailers and large business vehicles parked along residential streets. Mr. Hicks stated that there does not seem to be an ordinance against this practice.
RECREATION COMMITTEE: Mr. Clay reported that the Recreation Department had a very successful season. He noted that the Committee continues to discuss the need for a gymnasium for the Town’s programs.
SMYTH COUNTY JAIL INMATES: Mr. Clay informed the Council that the jail is going to be closed as soon as the regional jail is completed. This is expected in March 2005. The trustees may not be available to work for the town as in the past. He suggested that the Town Council considered the cost of transporting inmates from the regional jail and decide if the Town may wish to continue the program.
ARMY RESERVE UNIT TO SERVE IN IRAQ OR AFGANASTAN: Mr. Clay informed Council that 60-80 members of the local Reserve Unit in Atkins are to be deployed to Iraq and/or Afghanistan. They are yet to receive definite orders. Mr. Clay urged the Town to render support to the Unit. Mayor Helms suggested including this tribute during the Patriot’s Day Observance on September 11.
PULASKI BALLGAME: Several members of Town Council enjoyed an evening of food, fellowship and baseball as guests of the Town of Pulaski.
PATRIOT’S DAY CELEBRATION: Mayor Helms advised Town Council that Lt. Governor Tim Kaine will be unable to give the keynote speech on September 11, due to a previous commitment. The tentative plan is to conduct the ceremony at 11 am on September 11.
VDOT 6-YEAR PLAN: The VDOT 6-Year Improvement Plan meetings have been scheduled.
VML LEGISLATIVE PROGRAM: Mayor Helms advised that anyone with matters to be presented to the VML Legislative Committee may inform him and he will present them at the September meeting.
FIRE DEPARTMENT YOUTH MEMBERS: Mr. Fenyk advised that the Town must prepare an Ordinance authorizing the Fire Department to accept junior members, age 16 and older, to be trained as fire fighters. The Code of Virginia, as amended, Section 40.1-79.1 authorizes the Town to adopt such an ordinance. This matter was referred to the Ordinance Committee.
PERSONNEL POLICY-FMLA: The Family Medical Leave Act allows an employee up to a 12-week leave of absence, without pay, for personal or family medical needs. The leave may be taken within a one-year period. Mr. Fenyk advised that the Town Personnel Policy does not specify when the period of one-year shall begin with regard to the Family Medical Leave Act. Town staff recommended that the period be established as a calendar year. Upon motion of Dr. Gates, seconded by Leaman and vote of 7 AYES and 0 NOES, a public hearing was set to be held on September 20, 2004 at 7:00 p.m. to consider this amendment to the Town of Marion Personnel Manual.
VML ANNUAL CONFERENCE: Ms. Sheets advised that any member of Town Council that may wish to make changes in their reservations for VML must do so as soon as possible. Please contact the Clerk for any changes.
POLICE CHIEF CONFERENCE: Police Chief Roberts thanked Town Council for the opportunity to attend the Police Chief’s Conference in Richmond, VA. He informed Council that occasionally the Police Department personnel participate in parades and other activities outside of Town limits. These representatives perform these duties on their own time.
MATTERN & CRAIG: Council was informed that Mattern and Craig have developed a draft for the Lee Street Widening Project. Plans are underway to meet with them to discuss the project.
SCHOOL SUPPLIES FOR STUDENTS: Mr. Clark noted that Town employees collected $180 to purchase school supplies for students that may not have the resources to get started for the new school year.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.