PRESENT: Mayor David P. Helms; Eugene Hendrick, Ken Heath, Mark Warren, Mel Leaman, Buford Cregger, Herbert Clay and Dr. James Gates, Council Members; Assistant Town Manager/Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Lt. Darrell Hayden; Public Works Director Jack Perry and Town Clerk/Director of Finance Dixie O. Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINTUES: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Cregger, Clay and Dr. Gates voted affirmatively.
VISITORS: Jody Arnold, Jeff Spickard, Bob Ramsey
PUBLIC HEARING-JUNIOR FIRE FIGHTER-TOWN ATTORNEY: There was no comment from the public on this matter. Mr. Leaman expressed concern that the Junior Fire Fighters be covered under the MVFD Insurance. He was assured that they were. Mr. Warren reported that the Fire Committee is satisfied that the MVFD has a successful program in place. The program requires the JFF to maintain an acceptable grade point average and successfully complete appropriate training. The issue of a “cap” on the number of JFF was discussed. It was determined that no limit would be required.
ADVERTISEMENT FOR BIDS ON EAST CHILHOWIE STREET BRIDGE: Mr. Hicks reported that a pre-bid conference will be conducted on October 14, 2004 at 10:00 a.m. Bid closing is set for October 26, 2004 at 2 p.m. Mr. Hicks further reported that since the project is beginning late in the season, the Town may grant a waiver for January 2005 regarding inclement weather.
ADVERTISEMENT FOR REQUESTS FOR PROSALS ON WATER TREATMENT PLANT UPGRADE AND NOTICE OF LOWER 3.0% RATE: Mr. Hicks reported that “Requests for Proposals for the Town of Marion Water Treatment Plant Upgrade and Influent Pump Station Design, Inspection and Construction Administration Project” were advertised regionally and locally. Proposals will be accepted until 4:00 p.m. on October 25, 2004. He added that the funding package for the project is $1,576,700. This consists of a Department of Health, Office of Drinking Water loan at 3.0% interest for 20 years.
REQUEST TO TREAT HEMLOCK TREES ON PUBIC PROPERTY FROM VIRGINIA TECH: Mr. Hicks informed Town Council that the Town has been advised by the Virginia Tech Department of Entomology that they are interested in treating for the hemlock woolly adelgid within the corporate limits of the Town of Marion. Tech has been extensively involved in treatment of the pest at Hungry Mother State Park and noticed that many hemlocks were infested within the corporate limits of the Town. If approved, the treatment would occur in late October 2004. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Mr. Clark was directed to contact Jeffrey Fidgen on treatment and cost of treatment of the hemlock trees. He was further asked to advise the Tree Board of the Town’s actions regarding this matter.
REQUEST TO CLOSE PORTION OF IRON STREET FROM MAIN TO COURT STREET-MAYOR: The Lincoln Theatre Board of Directors requested that the portion of Iron Street that borders the side of the theatre be closed to traffic. The theatre group plans to landscape the area if the street is permanently closed. Mr. Heath expressed support for this request. He stated that Marion Downtown! is interested in adding pedestrian spaces as well as parking spaces. Mr. Warren moved that Iron Street remain temporarily closed from Main Street to Court Street until the Street Committee has time to evaluate the request. The motion was seconded by Mr. Cregger and carried by a vote of 6 AYES and 1 ABSTENTION (Heath). This request was referred to the Street Committee.
REQUEST FROM SMYTH COUNTY COMMUNITY HOSPITAL FOR FRANCHISE FOR FIBER OPTIC CABLE: Smyth County Community Hospital requested a franchise to construct, operate, and maintain underground fiber optic cabling, along the streets and public right of ways at the following four (4) locations: 1) From SCCH to the end of Snider Street; 2) From SCCH across and on Culbert Drive and on to the end of Terrace Drive; 3) From SCCH across and on Radio Hill Road; 4) From SCCH across Route 16 to zoned medical lots. The franchise would include services related to but not limited to patient demographics, patient information, medical testing results, radiological images and would be used for services only between physician offices that choose these services and SCCH.
The request stems from a fiber optic line that was installed without the Town being notified or the approval of the Town. Installation damaged a line that required the Town to incur significant costs to repair the line. Mr. Fenyk advised that the Hospital contends that the contractor was given a map with incorrect information. Mr. Hicks stated that a digitized ortho map was provided by the Town Engineer only after the problem with the line. Mr. Fenyk advised that SCCH is responsible for reimbursement to the Town.
Mr. Fenyk stated that SCCH Administrator Will Mahone has been advised that any ground lines must be installed at least five (5) feet below the Town’s lowest utilities. Mr. Hicks advised that, as an underground utility, they should fall under the auspices of the Miss Utility Act. There was some concern that portions of the line may not lie in the right-of-way but on private property. If it is determined that a portion of the line is located on private property, the Town cannot grant a franchise. Mr. Hicks requested to locate and measure the lines and include them on the Town’s GIS system. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 1 ABSTENTION (Clay) this matter was referred to the Ordinance Committee for study and recommendation. Mr. Clay abstained as he is a member of the SCCH Board of Directors. Mayor Helms appointed Mr. Heath to serve on the Ordinance Committee with Mr. Hendrick on this matter, due to a conflict with Mr. Clay.
ADVERTISEMENT FOR BIDS ON COUNTRY CLUB AND RIVERVIEW SEWER: Mr. Hicks reported that the pre-bid meeting will be conducted on October 8, 2004 at 1 p.m. Bids will close on October 15, 2004 at 1 p.m. The project consists of 1388 linear feet of line with seven (7) manholes.
APPROVAL OF ENGINEERING AGREEMENT BETWEEN TOWN OF MARION AND LANE ENGINEERING: Mr. Hicks informed Council that Lane Engineering submitted the low-bid for the Campbell Avenue project at a cost of $41,360. The project consists of installation of 2,600 linear feet of 20-inch and small sewer lines, 8 sewer manholes and appurtenances. It was noted that the bid is 22% under standard cost estimates provided by ARC. Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the agreement with Lane Engineering was accepted.
CAMPBELL AVENUE SEWER PROJECT: Several required documents were accepted and approved with regard to the Campbell Avenue Sewer Project.
CODE OF CONDUCT: Provision of Rural Development require that a Code of Conduct be approved. Mr. Fenyk stated that the document has been reviewed and is acceptable for approval. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was approved.
RESOLUTION OF GOVERNING BODY: Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the document was approved.
NOTICE OF SUSPENSION OF ENTERPRISE ZONE APPLICATIONS: Mr. Heath advised that the 2004 applications for Enterprise Zone designation has been suspended. It appears that significant changes will be made to the program.
REPORT ON VDOT TRAFFIC COUNT ON SOUTH JONES STREET: Mr. Hicks reported that he has contacted VDOT and Ronnie Hubble has advised that he does not currently have the staff personnel to conduct a traffic count on S. Jones Street. He will, however, have the devices installed and the Town may collect the data. He suggests that the count be performed Tuesday thru Thursday to obtain a normal traffic pattern.
REPORT ON PRE-55 RETIREMENT: Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this item was continued.
SUBSTANTIAL COMPLETION ON PARK BOULEVARD BIKE TRAIL AND SELECTION OF DATE FOR RIBBON CUTTING: Mayor Helms advised that the ribbon cutting and opening of the Bike Trail will be conducted on October 21, 2004 at 10 a.m. Mr. Heath stated that a group of avid cyclists would like to take part in the festivities.
SEWER SERVICE REQUEST-1015 STAGE STREET-PAUL CHAMBERS: Paul Chambers who resides at 1015 Stage Street requested that the Town investigate the possibility of connecting his home to the sewer system. Upon motion of Mr. Heath, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, this item was referred to the Sewer Committee and Town Engineer.
CHAMBER OF COMMERCE DIRECTOR ON NATIONAL CHRISTMAS TREE AND BEAUTIFICATION AWARD-JODY ARNOLD: Smyth County Chamber of Commerce Director Jody Arnold advised Town Council of several activities planned in the coming months for Smyth County. On November 16, there will be a Legislative Reception and Forum at the Lincoln Theatre. The Chamber will be promoting Smyth County at the Holiday Inn in Bristol during the Blue Ridge Travel Meeting on November 4-5, 2004.
FALL CLEAN-UP: The Annual Fall Clean Up for Smyth County will be conducted on October 23, 2004. Ms. Arnold read the Resolution. Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the Resolution was adopted.
The Smyth County Chamber of Commerce Annual Dinner will coincide with the Town & County Meeting. The theme will be Surviving (Prospering) Smyth County. It will be held on December 7, 2004.
NATIONAL CAPITOL HOLIDAY CHRISTMAS TREE: On November 23, 2004, in conjunction with the Holiday Parade, the National Capitol Holiday Tree will be traveling thru Marion and on display at the Court House. Among the dignitaries in attendance will include Miss Virginia, showcase of local talent, crafts, food, choirs, local poets, a Civil War Camp, parade and much more. Festivities will begin at 12:30 p.m. followed by the Parade at 3 p.m. Jody Arnold, Smyth County Chamber Director, requested a $1,000 donation from the Town to assist with expenses of Miss Virginia, individuals traveling with the Christmas Tree, sound, music and advertisement. She added that a special hand-made ornament will be selected to be hung on the National Christmas Tree to represent Smyth County. Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION (Heath), Town Council allocated $1,000 to the Chamber toward expenses for the National Holiday Tree visit. Messrs Hendrick, Cregger, Leaman, Clay, Warren and Dr. Gates voted affirmatively.
REQUEST TO CLOSE ALLEY NEAR 117 PRESCOTT AVENUE FROM MRS. MARY KATE GREER: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this matter was referred to the Street Committee for study and recommendation.
ORDINANCE COMMITTEE ON PROPOSED ZONING ORDINANCE-COUNCILMAN HENDRICK: The following proposed changes to the Zoning Ordinance were presented to Town Council for consideration:
Page 60 Add Letter L - Off-Premise Signs-Any Non-profit, Church or Public Organization may place off-premise banner or off-premise sign advertising an event no more than 30 days before that event, following written permission from the Town Manager. The organization must formally petition the Town Manager for that permission. These signs or banners must be removed five days after the event. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this change was adopted into the revised proposed Zoning Ordinance.
Page 65 Change Letter A-Free Standing Signs-Freestanding signs up to and including one hundred fifty feet (150’) in height in a corridor one quarter (1/4) mile north and south of the center line of Interstate 81 throughout the corporation limits from the east side to the west side. These signs will be permitted to be erected only on the property of the business that they are advertising. If one quarter (1/4) mile distance splits the property, then all property is considered within the one quarter (1/4) mile distance.
Mr. Warren expressed concern that a 600% increase in the height of a sign was too much at one time. He stated that he was in favor of 100 feet . Those who wish a higher sign could request a variance. This would be considered on a case to case basis. Mr. Hendrick informed Town Council that according to recent information, variances will be more difficult to obtain. Dr. Gates felt that Marion has residential areas near the location of the proposed high-rise signs. He also felt that 150 feet was too high. Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 4 AYES and 3 NOES (Warren, Gates, Clay), the change was adopted into the revised proposed Zoning Ordinance. Messrs Hendrick, Cregger, Leaman, and Heath voted affirmatively.
Page 77 # 20.66 – Manufactured Home, add to the end of definition: All manufactured homes in any district other than R-4 and R-2MH, these structures must adhere to the Virginia Industrial Building Code and the International Building Code, they shall have axles and towing tongues removed and must have a complete masonry foundation and masonry skirting and the roof of the manufactured home shall be constructed of conventional type roofing for site built homes, such as fiberglass shingles, asphalt shingles or wood shakes and have a minimum “A” pitched roof of 2.5 inches in 12 inches. Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the change was adopted into the revised proposed Zoning Ordinance. Messrs Hendrick, Heath, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.
Page 77 #20.67-Methodone and Other Controlled Substance Clinics-a provider of treatment for persons with opiate addiction through the use of controlled substance, methodone, or other opiod replacements. Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the change was adopted into the revised proposed Zoning Ordinance. Messrs Hendrick, Heath, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.
ZONING ORDINANCE: Mr. Heath moved that the entire, revised Zoning Ordinance be adopted with changes as presented on this date. Mr. Clay seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Warren, Gates). Messrs Hendrick, Heath, Clay, Leaman and Cregger voted affirmatively.
EQUIPMENT COMMITTEE ON PROPOSED NEW GARBAGE TRUCK-COUNCILMAN CREGGER: Mr. Leaman moved that the purchase of a Mack garbage truck be purchased in the amount of $121,819.04, under a two-year budget plan. He noted that reasonable local service is available. Public Works Director also endorsed the Mack Truck. He cites that it had the least exemptions from the specifications. Mr. Heath seconded the motion. Council approved the purchase unanimously. Messrs Hendrick, Warren, Heath, Clay, Cregger, Leaman, and Dr. Gates voted affirmatively.
LOCAL RESERVE UNIT TO DEPART FOR IRAQ: Mr. Heath reported that the 463rd Engineer Reserve Unit will depart on Monday, October 11, 2004 at 9 am with their destination as Iraq. A send off along Route 11, complete with flags and yellow ribbons is scheduled for Monday. Town Council is invited to a private reception for the service members and their families on Saturday, 10/9/04, from 10 am – Noon.
MT. DEW DAYS: Mr. Heath reported that Pepsi has decided not to participate financially in Mt. Dew Days. They have agreed to donate some products to the school for the band festival.
HALLOWEEN: Mayor Helms advised that Halloween visitation has been scheduled for October 30, 2004 (Saturday night) within the corporate limits of the Town of Marion.
VDOT-SIX YEAR PLAN: Mr. Hendrick reported that he met with VDOT officials on September 21, 2004 to discuss the VDOT – Six Year Project Plans. He added that he again brought the widening of South Church Street to their attention. The project has been on the Six-Year Plan for much longer than six years.
COMPLAINT OF RECREATIONAL VEHICLE PARKED AT THE CORNER OF WEST MAIN STREET AND ANDERSON STREET: Mr. Fenyk advised that if the vehicle is tagged and has a Town decal they would be legal to park there. Mr. Tate, the complainant, has expressed difficulty seeing around the vehicle prior to merging into traffic.
AMERICAN ELECTRIC POWER: Mayor Helms reported that he has been in contact with Angela Jackson, of AEP, concerning the Town’s request to upgrade the light system and installation of period lighting on Wassona Circle. She advised that AEP is working on a proposal for the Town on a general upgrade. AEP contracts decorative lighting projects and she has forwarded the Town’s request for special lighting on Wassona Circle to them.
S. CHURCH STREET/CHERRY STREET INTERSECTION-REQUEST FOR SAFETY STRIPS: Mayor Helms informed Council that Dean Davis has requested that “rumble or safety strips” be installed at this intersection. He noted that there have been numerous accidents at this intersection. This matter was referred to the Street Committee and Police Chief for study and recommendation.
CULBERT DRIVE-COMPLAINT OF LARGE TRUCKS: Mayor Helms referred a complaint of large delivery trucks using Culbert Drive to the Street Committee for study and report.
DRAINING ON HOLLY STREET: Mayor Helms informed Council that Lissa Hungate of Holly Street sent a letter of appreciation for the work performed to correct a drainage problem on her street.
HOMECOMING PARADE: Mayor Helms informed Council of a letter from Sarah Chambers, from MSHS, thanking the Town for their co-operation during the recent homecoming festivities.
LARRY BOWMAN COMPLETES COURSE: Chief Mechanic Larry Bowman recently completed a course of training for Fundamental Electrical Trouble Shooting at the Washington County Skill Center in Abingdon, VA.
VML ANNUAL CONFERENCE IN ALEXANDRIA, VA: Mayor Helms stated that the Annual VML Conference was very successful.
LOCAL CHOICE: Mr. Fenyk advised that he met with representatives of the Local Choice Insurance Plan. They have invited the Town Council and any interested employees to the VHCC Learning Resource Center Auditorium on November 3 from 10-12 to review their product. The plan includes coverage for those individuals who retire prior to age 55. Currently employees must be 55 to remain on the Town’s plan with Anthem. However, employees are eligible for full retirement at age 50 thru VRS.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.