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 January 20, 2004 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Buford Cregger, Eugene Hendrick, Mark Warren and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Public Works Director Jack Perry; Purchasing Agent B. J. Hamm; Town Attorney Mark Fenyk and Police Chief Michael Roberts.
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 Dr. Gates and vote of 6 AYES and 0 NOES, the minutes of the meeting held on January 5, 2004 were approved as written and distributed. Messrs Burkett, Heath, Cregger, Hendrick, Warren, and Dr. Gates voted affirmatively.
VISITORS: Gerald Ross, Mr. and Mrs. Thomas Linville, Neil Castrodale
PUBLIC HEARING-SPECIAL USE PERMIT APPLICATION: A public hearing was opened to receive input on a request for Special Use Permit to operate a home occupation at 618 Lincoln Avenue. Property owner, Gerald A. Ross, proposes to operate a business to provide a service to assist low income patients obtain medication that they cannot afford to purchase. The business would work as an intermediary between patients and pharmaceutical companies to identify sources of free or discounted medications. They stated that e-mail, U. S. Mail or telephone would conduct most of the business. No on street parking will be needed, as the driveway is adequate for the expected callers. Mr. and Mrs. Thomas Linville stated that they were not opposed the business. Mrs. Sadie Sturgill had also informed the Clerk that she did not oppose the business. Mr. Hicks reported that the proposed home occupation would not have an adverse effect to the neighborhood. Staff recommendation was to approve the request with the following conditions: 1) That all Town ordinances, State and Federal laws be observed in general, and that the Town regulations concerning land use, signs, storm water management and on-site parking be observed in particular. 2) That any changes in ownership of the property, residency of the applicant, or material change in the nature of the business would invalidate the special use permit. 3) That all work performed at home be confined to the interior of the residential structure. 4) That no on-site advertising be visible from adjoining property or street. 5) That the business continue to meet the definition of Home Occupation (Section 19.30) in the Town’s Zoning Ordinance. Upon motion of Mr. Heath, seconded by Mr. Burkett and vote of 6 AYES and 0 NOES, the request was approved, with conditions as stated. Messrs Burkett, Cregger, Heath, Hendrick, Warren and Dr. Gates voted affirmatively.
EXECUTION OF CDBG DOCUMENT FOR EAST CHILHOWIE ST/GILMAN STREET PROJECT: An agreement between DHCD and the Town of Marion was executed on January 9, 2004. In the agreement, DHCD agreed to award the Town a Community Improvement Grant (#03-17) in an amount, not to exceed $400,000 for the Gilman/East Chilhowie Streets Comprehensive Neighborhood Improvement Project. The project will improve living conditions of 36 households, including 22 low and moderate income (LMI) households, through the provision of housing rehab, water line improvements and street enhancement activities. The project will benefit 65 persons, 57 of whom are LMI. The Town commits a total of $139,499 in leverage funds to the project. Sources of funds are as follows: Phase I- In-kind $5,500 and $65,149 in cash; Phase II $5,500 in-kind and $63,350 in cash. Mr. Clark reported that the water line is complete and the closing on the purchase of the Blevins/Overbay property is scheduled for February 9, 2004.
PARK BOULEVARD TEA-21 PROJECT: A pre-bid conference was held on the Bikeway project on January 15, 2004. Bids are due January 26, 2004. Bids are due January 26, 2004. It was discussed that Park Boulevard be paved at the same time the Bikeway is paved on each side (4 foot strip). This will be coordinated with the paving contractor. Mr. Heath asked that Council consider a ‘no passing’ area from Radio Hill Road to Oak Lane. Mr. Clark advised that he would appear before the Smyth County Board of Supervisors meeting to apprise them of the plans, as they will participate in providing matching funds for the project.
TOWN CIVIC SIGN DISPLAY: The following Civic/Fraternal Organizations that have expressed a desire to be included on the display signs are: Rotary Club, Red Cross, AARP, Lions Club, Masonic Lodge, Eastern Star, Art League, Smyth County Historical Society, Kiwanis, SCALE, and Smyth County Women’s Organization. Mr. Clark advised that he would obtain cost estimates from sign companies.
MARION DOWNTOWN REVITALIZATION ASSOCIATION-RECOMMENDATION ON TAX ABATEMENT FOR HISTORIC DISTRICT-COUNCILMAN HEATH: Mr. Heath stated that the MDRA Historic Review Board recommended that in order for the sites to be eligible for Tax Abatements, they must also qualify for state and federal designation. Dr. Gates moved that the matter be referred to the Ordinance Committee. Mr. Warren seconded the motion. Council approved the same by a vote of 5 AYES and 1 ABSTENTION (Heath).
SOUTHWESTERN STATE MENTAL HEALTH INSTITUTE-REPORT ON UTILITY OF WATER TANK: Mr. Hick’s informed Council members that Dewberry and Davis evaluated the SWSH Water Tank, which had been used to work in conjunction with the McIntyre Tank. They suggested that if the tank remained in service that another section must be added above the current tank line at a cost estimated at $40,000. In addition, the ‘footing’ would have to be reinforced. Mr. Hicks reported that the tank has been disabled and is not in use. He recommended that the ownership of the tank revert to SWSH, per the agreement. Mr. Burkett moved that this matter be continued and contact be made with the appropriate state officials to discuss the Town’s intentions. Mr. Cregger seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
WATER ACCOUNTIBILITY: Mr. Clark advised that the Water Accountability is down approximately 10% from two (2) months ago. It is down to 51%. Mr. Clark stated that the fire hydrants and industry might be potential for leaks.
HABITAT FOR HUMANITY 5K RACE-NEAL CASTRODALE: Neil Castrodale requested approval for the Annual Habitat for Humanity 5K run to be held on May 15, 2004 at 9 am. He stated that the race would be over by 11 am. He added that the group would coordinate with the Police Chief on traffic issues. Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 6 AYES AND 0 NOES, permission was granted to conduct the Habitat for Humanity 5K Race.
CIVIL WAR TRAIL SIGN-PLACEMENT OF SECOND ISSUE OF SIGNS: Mr. Clark advised that a new Civil War Trails sign will be placed at East Main Street at or near the Sheffey Cemetery. The cemetery is located north of East Main Street between the Middle School grounds and the old Barnett’s Funeral Home property. The sign will narrate the career of Colonel William E. Peters. Mr. Clark expressed the Town’s thanks to Mr. Don Francis for his assistance in gathering information concerning Colonel Peters. A formal ceremony will be planned when the sign is erected. Upon motion of Mr. Burkett, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, the second Civil War Trail sign was approved.
ACCOUNTS: Mr. Hendrick moved that the accounts be paid in the amount of $620,324.92 from the General Fund. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Burkett, Hendrick, Cregger, Warren, Heath and Dr. Gates voted affirmatively.
Mr. Hicks was directed to schedule a meeting with Ken Morrison of Ken’s Construction to discuss issues concerning curbing, guttering and streetscape issues.
INVESTMENTS: Upon motion of Dr. Gates, seconded by Mr. Burkett, and vote of 6 AYES and 0 NOES, the investment report was approved as presented. Messrs Burkett, Hendrick, Cregger, Heath, Warren and Dr. Gates voted affirmatively.
BUILDING AND GROUNDS COMMITTEE-FORMER LIFE SAVING CREW BUILDING RENOVATION: Mr. Cregger stated that the Committee discussed removal of the rear of the building and renovation of the front. He further stated that the Committee suggested installation of a modene heater. The Committee suggested that prior to any decisions or renovations, the property be surveyed. One neighbor has stated that she understood that the building extends onto her property. Mr. Cregger moved that the item be continued until a survey is completed. Mr. Warren seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
Dr. Gates suggested that the Town review all options prior to any renovations. It may be more cost effective to consider other options to provide a ceramic shop for the senior citizens.
BUILDING AND GROUNDS COMMITTEE-INFORMATION ON LETTER FROM THE SMYTH COUNTY BUILDING INSPECTION OFFICE: Mr. Clark reported that he met with Bud Owens, Building Inspector, and that the recent communication by letter was not predicated by new regulations. He had received requests from other Smyth County localities and was restating the County’s stance on condemnation and other care of premises related issues. Smyth County Building Inspection Department will not assist localities in these matters.
FINANCE COMMITTEE-REQUEST FROM MARION INTERMEDIATE SCHOOL: Upon recommendation of the Finance Committee and motion of Mr. Burkett, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, a donation of $500 was approved for use by the Marion Intermediate School to off-set costs for the annual Williamsburg/Jamestown/Virginia Beach trip. Messrs Burkett, Cregger, Hendrick, Heath, Warren and Dr. Gates voted affirmatively.
FIRE COMMITTEE-FIRE AND LIFESAVING CREW PROTOCOL: Dr. Gates stated that a joint meeting with the MVFD and MLSC was conducted to discuss concerns about service areas, response to emergencies, staging, personnel and protocol in general. These matters were discussed and the item continued.
HUNGRY MOTHER ESTATES DEVELOPMENT: Mr. Warren informed Council that development of the property to the north of Callan Drive is anticipated in the near future. Mr. Hicks added that he has spoken with W-L, the developers, and they are considering relocating the “gated community” on the north side of Callan Drive. They plan to begin development in April 2004. Mr. Hicks further noted that W-L and the Town did not record the plan on January 2, 2004 as agreed upon.
PUBLIC WORKS DIRECTOR: Mr. Cregger was joined by other members of Town Council commending Public Works Director Jack Perry on a job-well-done.
ZONING MAP: The Planning Commission recommended adoption of the changes in the Zoning Map as reviewed by Daniel Koenig. Upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 6 AYES and 0 NOES, the changes were adopted. Mr. Fenyk advised that the official Zoning Map must be adopted every five (5) years as required by the Code of Virginia, as amended, He further advised that a public hearing must be held prior to adoption. Council action was rescinded. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, a public hearing was scheduled on February 17, 2004 at 7:00 p.m. To consider adoption of the changes to the official Town of Marion Zoning Map.
FIRE DEPARTMENT AND POLICE COMMENDED: Mayor Helms informed Town Council that Mrs. Woods, a South Church Street resident, commended the MVFD and MPD in reference to their response and efforts during a neighborhood trailer fire recently.
TOWN ELECTIONS IN MAY: Mayor Helms reminded those present that Town elections would be held in May 2004. Three Council seats and the Mayor’s position are up for election this year. Mayor Helms announced his intention to seek re-election.
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.