PRESENT: Mayor David P. Helms; Eugene Hendrick, Ken Heath, Mark Warren (arriving late), Mel Leaman, Buford Cregger, Herbert Clay and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Public Works Director Jack Perry; Purchasing Agent B. J. Hamm 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: Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Cregger, Clay and Dr. Gates voted affirmatively.
VISITORS: Bob Whisman, Bill Thompson, Jeff Spickard, Dr. Van Clampit
MARION PLANNING COMMISSION MEMBERS: Chairman Bob Ramsey, M. J. Hubble, Cameron Wolfe, Brenda Bennett, Duncan McGregor, Alice Freeman
JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON ADOPTION OF PROPOSED ZONING ORDINANCE: Marion Planning Commission Chairman Bob Ramsey reported that Marion Planning Commission has worked for several years to update the Town of Marion Zoning Ordinance. Marion Planning Commission had recommended the approval of the Town of Marion Zoning Ordinance at a previous Town Council meeting. Chairman Ramsey noted that the major proposed changes in the Ordinance were made in the sign regulations. The proposed Ordinance would allow signs within ¼ mile of Interstate 81 to a maximum of 150 feet in height. Mayor Helms opened the public hearing to receive comments from the audience. Mr. Bill Thompson, owner of Thompson Tire, spoke in favor of the proposed Ordinance. He stated that he is certainly in favor of increasing the height of signs within ¼ mile from I-81. He felt that this would encourage new businesses to locate in Marion and be able to draw customers from the Interstate. Planning Commission member, Mrs. Alice Freeman stated that a definition is not included for a Methadone Clinic in the Ordinance. She added that the section on Manufactured Homes has not been completed and incorporated into the Ordinance. Another problem with the Sign Ordinance is that reference to political signs located on private property cannot be restricted. This must be deleted from the Ordinance. Several members expressed concern about the drastic change in the height allowance for signs. Mrs. Bennett stated that she did not feel that all signs installed would be set at 150 feet. She did not believe that a business would erect a sign any higher than necessary due to the expense of a high-rise sign. Mr. Hubble agreed. He stated that the proposed Ordinance encourages growth and development. He further stated that the Comprehensive Plan shows a decline in population and that making changes may help increase an interest in locating in Marion and the surrounding area. Mayor Helms closed the public hearing.
Mr. Heath advised that many businesses search for sites on the Internet. He noted that, at times, businesses are deterred from locating in areas where the zoning is so restrictive. Mr. Hendrick commended the Planning Commission for the extensive work on the Ordinance. He added that he has no problem with a 150-foot sign. He would like to see the ¼ mile allowance throughout the Town, at all I-81 entrances. Mr. Hendrick also asked that the section concerning town houses be reviewed. Mr. Leaman moved that the Zoning Ordinance be referred to the Ordinance Committee and that they work with the Chairman, Vice-Chairman and any other member of the Planning Commission to finalize the document in the areas as stated at this meeting. Mr. Warren seconded the motion. Council approved the motion unanimously.
PUBLIC HEARING-ANNIVERSARY DATE OF FAMILY MEDICAL LEAVE ACT (FMLA): Mr. Fenyk requested that the Town of Marion Personnel Manual be amended to specify the one-year period as addressed by the FMLA. The Personnel Committee recommended and Dr. Gates moved that the one-year period be based upon a calendar year. This would allow a full-time employee up to 12 weeks of Family Medical Leave within the 12-month period beginning in January and ending in December of the same year. Mr. Clay seconded the motion. Town Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Leaman, Cregger, Clay, Heath Warren, and Dr. Gates voted affirmatively.
PUBLIC HEARING ON NOTICE TO FILE APPLICATION WITH RURAL DEVELOPMENT FOR CAMPBELL AVENUE SEWER LINE: Mr. Clark stated that the Town of Marion intends to file an application with Rural Development for funding for the Campbell Avenue Sewer Line. No one spoke in favor of or against the Town's intention to file the application. Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, permission was granted to apply for funding for the Campbell Avenue Sewer Line Project with Rural Development. Messrs Hendrick, Leaman, Cregger, Clay, Heath, Warren and Dr. Gates voted affirmatively.
PROPOSED REZONING OF PROPERTY AT 1319 NORTH MAIN STREET TO R-3: This item was continued from the September 7, 2004 meeting. Dr. James Patterson requested property located at 1319 North Main Street to be rezoned from Commercial General to R-3. Due to setback regulation issues, this item was continued to determine if Dr. Patterson, owning adjacent property, might re-align his properties to meet the zoning requirements. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the matter was continued.
PROPOSED REZONING OF PROPERTY AT CORNER OF CULBERT DRIVE AND PARK BOULEVARD TO MEDICAL ARTS: This item was continued from the September 7, 2004 meeting, to assemble additional information on the request. Members of Town Council were reluctant to approve the zoning upon the speculative information provided with the request. Bob Whisman, of Royal Oak Realty, and Dr. Van Clampit were present as realtor and prospective buyer to answer questions concerning the future use of the property. Dr. Clampit expressed his plan to establish a medical practice complex at this site. He is currently obligated by lease at his present location. However, he is committed to developing this property. He added that any water issues would be addressed in the plans for development. Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 6 AYES and 1 NOE (Cregger), the request to rezone the property located at the corner of Culbert Drive and Park Boulevard to Medical Arts was granted. Messrs Hendrick, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
GARBAGE TRUCK BIDS: Purchasing Agent B. J. Hamm provided a comparison report on bids submitted for the budgeted garbage truck purchase. Upon motion of Mr. Leaman, seconded by Mr. Cregger, and vote of 6 AYES and 1 NOES (Heath), this matter was referred to the Equipment Committee. The Equipment Committee requested documentation concerning problems with the current garbage truck.
EAST CHILHOWIE STREET BRIDGE UPDATE: Mr. Clark reported that upon notification by Scott Wilson that the project must be resubmitted and re-approved, thus delaying the project, it was determined that the plans were in the Environmental Department at VDOT in Bristol. Delegate Bill Carrico was contacted and has worked on the Town's behalf to expedite the review. The plans have been forwarded to the Federal Highway Administration and Mr. Carrico advised that the final review should be completed by the end of September 2004. It was noted that Senator Bill Wampler also became involved and assisted the Town in expediting the review. The Town plans to have the project ready to bid and begin in early November 2004.
APPOINTMENT OF MARION REDEVELOPMENT & HOUSING AUTHORITY BOARD MEMBERS: This item was continued from September 7, 2004. It has been determined that Mr. Tate's appointment expired on 9/14/2004. Upon motion of Mr. Clay, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, Alan Baldwin and Trish Spencer were appointed to the Housing Authority Board of Commissioners. There terms will expire 9/14/2008.
NOTICE OF HEALTH DEPARTMENT REDUCING RATE FROM 3.4% TO 3.0% ON 20 YEAR WATER TREATMENT LOAN: Mr. Clark announced that the Virginia Department of Health has informed the Town that the interest rate of the loan for the Water Treatment Plant Upgrade reduced from 3.4% to 3.0%. The original loan for a 20 year term would have cost the Town $9,063.41 per month. The 13.3% reduction of the rate would reduce the monthly payment to $7,857.98 for a period of 20 years. Mr. Clark stated that he would advertise for an engineering proposal on the project. Mr. Clark noted that the funding on the project is $100,000 from MRPDC, $50,000 grant and $50,000 loan. Mr. Clark added that that Mr. Tom Slack would review the advertisement for compliance with EEO.
ACCOUNTS: Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, $584,490.71 was approved for payment of Accounts from the General Fund. Messrs Hendrick, Cregger, Clay, Warren, Heath, Leaman and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Heath seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the Investment Report was accepted as presented. Messrs Hendrick, Cregger, Clay, Warren, Heath, Leaman and Dr. Gates voted affirmatively.
SANITATION COMMITTEE-REPORT ON SEWER METERS: Mr. Hicks reported that meters to monitor Smyth County sewer flow have been returned to the manufacturer. The meters ordered by the Town and Smyth County have been unacceptable. He proposed that the Town needs a manhole structure and proven electronic device to measure flow. Material cost is $14,000 for a manhole & meter to be installed at the pre-determined Atkins location. Installation must be performed by a contractor at a cost of $2,500-$4,000. Mr. Hicks stated that the Town and County have agreed to participate in the cost 50%-50%. The time line for completed installation is 60 days. Mr. Leaman moved that the Town purchase the instrumentation, not to exceed $14,000. Mr. Warren seconded the motion. Council approved the same unanimously. Messrs Hendrick, Warren, Leaman, Cregger, Heath, Clay and Dr. Gates voted affirmatively. Mr. Leaman suggested that a letter binding the Town and Smyth County to equal participation in the project be prepared and signed by both agencies. He added that both agencies have agreed that next year another joint project will be budgeted to install the two (2) other sewer flow monitoring meters. A signed agreement should also be prepared for this process.
SANITATION COMMITTEE-RECOMMENDATION ON ENGINEERING FOR CAMPBELL AVENUE SEWER: Mr. Clark reported that a team consisting of Messrs Leaman, Warren, Helms, Clark, Hicks, Coley and Armbrister interviewed prospective Engineering Firms for the Campbell Avenue Sewer Replacement. CECIL Engineering and Lane Engineering firms were interviewed and graded upon pre-determined critera. Lane Engineering scored an average of 93.4, CECIL Engineering scored an average of 88. The Committee recommended that the contract for engineering services for the Campbell Avenue Sewer Interceptor Project be awarded to Lane Engineering. Upon motion of Mr. Leaman, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Town Council accepted the recommendation of the Interview Committee. Messrs Hendrick, Cregger, Clay, Warren, Heath, Leaman, and Dr. Gates voted affirmatively. Mr. Jeff Spickard presented the Town with a preliminary design for review.
WATER COMMITTEE-TOWN SPRING & WATER ACCOUNTABILITY: Mr. Clark reported that upon notification of Eric R. Herold, Virginia Department of Health, the Town may estimate the quantity of water overflowed at the McIntyre Tank when determining the accountability of the waterworks. This would not be treated by VDH as lost water. The estimated volume of the overflow should be based upon actual information available on the tank chart recorder and the historic average overflow rate observed at the tank.
STREET COMMITTEE-REPORT ON REQUESTED CLOSING OF SOUTH JONES STREET: Mr. Hendrick moved that this request be set for Public Hearing. Mr. Clay seconded the motion. Dr. Gates suggested that the Town contact VDOT concerning the traffic volume on the street and ask them for a recommendation and any other options. The motion was defeated by a vote of 1 AYE (Hendrick), 5 NOES, and 1 ABSTENTION (Warren). Mr. Hendrick moved that the Town request a traffic study of S. Jones Street by VDOT. Dr. Gates seconded the motion. The motion carried by a vote of 6 AYES and 1 ABSTENTION (Warren).
INSURANCE COMMITTEE- CONTINUATION OF HEALTH COVERAGE OF RETIREES SELECTING PRE AGE 55 RETIREMENT: The Insurance Committee, Mr. Clark, Linda Pennington and Dixie Sheets met with Henry Brant and Sandra Anderson of Anthem Heath Insurance to discuss the fact that while Town of Marion employees may retire at age 50 with 30 years service or as a police officer at age 50 with 25 years service (under the VRS), the Town's current health insurance carrier, Anthem will only allow retirees to remain on the group plan for the COBRA allotment of 18 months unless these individuals wait until they attain the age of 55. Ms. Anderson advised that she has contacted the company and that they will not waive the age 55 limits. Mr. Fenyk and Mr. Clark were instructed to draft a letter to The Local Choice, which is the insurance vehicle that the Commonwealth uses. The program may be administered by Anthem. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was continued.
HISTORIC DOWNTOWN DISTRICT MASTER REDEVELOPMENT PLAN: Mr. Heath advised that Thompson & Litton has been selected to provide contracted services for the Historic Downtown District Master Redevelopment Plan. He added that the Virginia Department of Housing and Community Development has approved and funded a Planning Grant in the amount of $30,000 for the project.
SHUCK-N-CLUCK: The Second Annual Shuck-n-Cluck was held at Hungry Mother State Park's The Restaurant on Saturday, September 18, 2004. The festivities had to be moved in-doors due to Hurricane Ivan. However, fun, food, and merriment prevailed and the Shuck-n-Cluck was a huge success!
MT. DEW DAYS: Mt. Dew Days will be held on October 23, 2004.
TRICK OR TREAT ON MAIN STREET: Trick or Treat on Main Street will be held on October 30, 2004 from 11-1.
THE HOLIDAY KALEIDOSCOPE PARADE: The annual Holiday Kaleidoscope Parade will be held on Sunday, November 21, 2004 at 3:00 pm.
RIVERWALK CLEANUP: Mr. Heath suggested a clean-up day be scheduled for the Riverwalk. He also stated that he has received a complaint that the asphalt on Campbell Avenue is uneven.
MUNICIPAL BUILDING-PAINTING: Mr. Heath noted that the Municipal Building is in need of painting and suggested that this project be scheduled on bad weather days.
VDOT- 6 YEAR PLANS: Mr. Hendrick advised that he will attend the VDOT 6-YEAR PLAN meeting in Bristol on Tuesday, September 21, 2004.
CARE OF PREMISES COMPLAINT: A complaint has been received concerning yard debris being deposited on Court Street from Sheffey Street to the Fire Department. Mr. Clark was asked to clean up Court Street and send a letter to property owners concerning bagging their yard debris for curbside pickup.
STREET LIGHTS-WASSONA CIRCLE: Mr. Warren reported that Ann Snider asked for an update of her request for additional lighting on Wassona Circle. Mr. Clark reported that results from the AEP study has not been received on recommendation and cost estimate.
MARION MORNING ROTARY: Mr. Clay stated that the Marion Morning Rotary Club would host a Wine Tasting event on October 30, 2004. Contact Mr. Clay for location and time.
HUNGRY MOTHER ESTATES: Mayor Helms stated that other than mowing of hay, there has been no further development of the Hungry Mother Estates property.
PATRIOT'S DAY: Mayor Helms reported that Patriot's Day, September 11, was well-attended and a good event.
SMYTH COUNTY MUSEUM COMMITTEE: Mayor Helms reported that Mr. Heath serves the Town Council on the Smyth County Museum Committee. Henry Brant had contacted the Mayor that one other member needed to be selected. Mayor Helms asked Dr. Gates to serve and he agreed. They will join Smyth County representatives Harold Slemp and Darlene Neitch.
HALLOWEEN OBSERVANCE: Chief Roberts was asked to contact the County and other Towns to ask when they plan to allow Halloween visitation. Upon motion of Mr. Clay seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, Police Chief Roberts and the Town Manager were empowered to make the decision.
REQUEST TO REZONE - Mr. Hicks advised that he is in receipt of a rezoning request from Joe Naff for a parcel of property on Commerce Street. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this request was referred to the Planning Commission.
CLOSED SESSION - JUSTIFICATION CODE OF VIRGINIA, AS AMENDED SECTION 2.2-3711 (A1 & A4) PERSONNEL: Mr. Hendrick moved that Town Council enter into Closed Session to discuss personnel matters as allowed by the Code of Virginia, as amended, Section 2.2-3711 A1 & A4. Mr. Heath seconded the motion. Council entered into Closed Session by a vote of 7 AYES and 0 NOES. Mr. Hendrick moved that 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. Clay seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Leaman, Cregger, Heath, Warren, Clay and Dr. Gates voted affirmatively.
PERSONNEL-REQUEST FOR UNPAID LEAVE-OLIVIA SAWYERS: Mr. Clay moved that Council deny Mrs. Sawyer's appeal of her request for six months of unpaid leave of absence to the Town Manager. Dr. Gates seconded the motion. Town Council approved the motion by a vote of 6 AYES and 1 NOE (Leaman).
Mrs. Sawyers had recently completed unpaid leave under the Family Medical Leave Act. She had petitioned the Town Manager for additional unpaid leave under Section 5.09 of the Town of Marion Personnel Manual. Mr. Clark had granted an additional 10 working days. She was to return to duty on September 13, 2004. Mr. Clark was instructed to notify Mrs. Sawyers of the Town Council action.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.