PRESENT: Mayor David P. Helms; Ken Heath, Buford Cregger, Eugene Hendrick, Mark Warren, Mel Leaman, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm
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. Warren and vote of 6 AYES and 0 NOES, the minutes of the meeting, held on February 2, 2004, were approved as written and distributed. Messrs Cregger, Hendrick, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: Jeff Spickard, Jim May, Richard Keesling, Mike Yingling, and Miss Faith Ann Fenyk.
PUBLIC HEARING-CONSIDERATION OF ADOPTION OF THE TOWN OF MARION ZONING MAP: Mr. Fenyk advised that the map must be adopted every five (5) years. It was noted that the Planning Commission, Town Engineer and Mr. Daniel Koenig have conducted a review of the map. Planning Commission recommends that Town Council adopt the Zoning Map. Mayor Helms opened the Public Hearing. There was no public comment. It has been determined that the map is current regarding zoning issues. Upon motion of Mr. Warren, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, the Town of Marion Zoning Map was adopted, as presented. Messrs Cregger, Leaman, Hendrick, Warren, Heath and Dr. Gates voted affirmatively.
FORMER MARION LIFE SAVING CREW BUILDING DISPOSITION-REPORT ON CONTACT WITH TOMMY & SUSIE GENTRY: Town Engineer, Cecil Hicks, contacted the Gentry’s, by letter, after investigating the location of the property lines on Park Street with regard to the former MLSC building. His measurements indicate that the entire building and most of the side yard are on Town property. Senior Citizen Center Director, Mindy Dyer, has continually had problems with renters of the Gentry property parking in front of the door to the ceramic workshop used by the seniors. Some of the participants in the ceramic program are confined to wheelchairs and must enter thru the area where automobiles are often parked. In his correspondence with the Gentry’s, Mr. Hicks asked that they convey to the tenants of 219 Park Street that they refrain from parking in front of the former MLSC building. Town Council recommended that a “No Parking” sign be erected at the front of the building.
REPORT FROM PLANNING COMMISSION-RECOMMENDATION OF PARKING STUDY PROPOSAL: Mr. Leaman reported that the Planning Commission considered the need for a Parking Study in the Downtown Area at the request of Town Council. Ken Heath, Executive Director of Marion Downtown! presented a proposal for a Parking Study in the Downtown area to Planning Commission members. Mr. Leaman reported that the Planning Commission does not feel that a parking study is warranted at this time.
Mr. Heath noted that the last parking study was performed in 1977. The results of the study showed a demand for 198 additional parking spaces. Mr. Heath stated that the Planning Commission did not feel that the study should be considered until the funds are ‘in hand’ to complete the project. He added that grant funds might be available for funding parking projects. However, TEA-21, CDBG and other funding agencies would require a study as part of the application process. Mr. Heath cited parking is needed for continued growth downtown. He requested authorization to begin seeking grant funding to pay for a study. Upon motion of Mr. Hendrick, seconded by Mr. Warren and vote of 4 AYES, 1 NOE (Leaman) and 1 ABSTENTION (Heath), the motion carried.
CITIZEN’S COMPLAINT-MECHANIC’S SHOP ON HENRY STREET: Chief Roberts reported that the Marion Police Department has investigated the complaint that Steven Taylor, 819 Henry Street, is operating a mechanic’s shop at his residence. Upon investigation, it was determined that individuals who reside there own the vehicles currently at the residence. Mr. Taylor advised Officers that the covered shed was erected, as inoperable vehicles must be obscured from site of the general public. He insisted that he does not perform automobile repairs for others. Mr. Hicks advised that he would send a letter to Mr. Taylor stating that he is in violation of the Zoning Ordinance with an accessory structure located in front of his residence. All accessory structures are required to be placed in the rear of the property per Zoning Ordinance Section 7.6-02.
Chief Roberts reported that while in the area, Officers ticketed a neighbor for an inoperable vehicle and advised them to remove the vehicle per Town regulations.
CITIZEN’S COMPLAINT-DOGWOOD DRIVE-DOG PROBLEM: Chief Roberts stated that Animal Control Officer Lee Farmer conveyed the Town Ordinance with regard to dogs to the Bellamy’s and Bridgman’s, including the vaccination and tagging of dogs. The complaint from Mr. Bellamy resulted from the fact that the Bridgman’s were housing a number of dogs in their yard that they rescue from the Animal Shelter where Mrs. Bridgeman works. According to the complaint, the dogs are creating a nuisance by barking. Chief Roberts stated that since both parties have been notified, the complainant was advised to contact the Marion Police Department if additional problems arise.
ACCOUNTS: Mr. Warren moved that the accounts be paid in the amount of $1,133,877.27. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Cregger, Leaman, Warren, Heath, Hendrick and Dr. Gates voted affirmatively.
INVESTMENTS: Mr. Warren moved that the Investment Report be approved as presented. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Cregger, Leaman, Warren, Heath, Hendrick and Dr. Gates voted affirmatively.
MRPDC-MANAGEMENT AGREEMENT FOR GILMAN/EAST CHILHOWIE STREET PROJECT: Mr. Clark informed Council that the Management Agreement with Mt. Rogers Planning District Commission (PDC) allows the PDC to provide project management services related to the Gilman/East Chilhowie Street Improvement Project. The Virginia Department of Housing and Community Development (DHCD) has allocated grant funds in the amount of $738,470 to be spent performing improvements for the Gilman/East Chilhowie Street area. MRPDC will provide the following services to the Town for an amount not to exceed $54,000 (all State funds): 1) General Coordination and Administration; 2) General Record Keeping; 3) Reporting; 4) Procurement; 5) Advertising; 6) Participation in Training Events relevant to DHCD procedures. Mr. Fenyk stated that the Agreement does not provide for relocation. Mr. Clark advised that Brian Reed, of the MRPDC, would coordinate relocation with the Marion Redevelopment and Housing Authority. Mr. Fenyk suggested that this be included in the Agreement. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the Agreement was approved, with the addition of the relocation process added to the Agreement as requested by the Town Attorney.
GILMAN/EAST CHILHOWIE STREETS: Mr. Clark reported that on February 9, 2004, the Town closed on the purchase of the Blevins/Overbay property. Cost of the property was $80,000. Under grant provisions, the Department of Housing and Community Development will reimburse the Town $57,700 for the purchase. Upon relocation of one more family, the housing rehabilitation will begin. Nine (9) homes will be rehabilitated and five (5) substandard houses will be demolished. A new water line project to the homes has recently been completed.
SWSH WATER STORAGE TANK ABANDONMENT: Upon evaluation of the condition of the tank, renovation costs, and the fact that the one-half million gallon tank is not a vital source of water for Marion citizens, Mr. Hicks has, at the request of Town Council, contacted, Mr. Anthony Spears, Department of Corrections, to begin a dialogue with the State for the Town to vacate the SWSH water storage tank per the 3/19/1986 agreement. The agreement states “The parties hereto agree that in the event that the property ceases to be used for the purpose of a water reservoir or storage and/or transmission of the same, title to the above-described property and all easements thereunto belonging will revert back to the Commonwealth of Virginia.” Mr. Hicks advised that the tank only supplied water to Corrections. He added that the tank does not augment the Town’s water system in any way. Council members discussed several issues. Mr. Hendrick asked if the Town would retain the easements. Town Attorney Mark Fenyk stated that the deed states that the entire transaction, including easements, would revert to the Commonwealth. Another concern was that the Town might need the tank in the future. Mr. Hicks advised that in order for the Tank to benefit the Town a extension ring must be added to allow it to work with the McIntyre Tank. The cost is unknown and it is also unknown if the foundation would support the extension. This would require major renovations. An estimate of $40,000 has been determined just to remove the old lead-based paint, repaint and sanitize the tank. At this time, no response has been received from the Department of Corrections. Mr. Fenyk advised that the state might, at any time, request the Town to prepare a deed to revert the ownership of the tank to the Commonwealth. A lengthy discussion ensued. Mr. Hendrick advised that, as is, the tank is a liability to the Town. Council members inquired as to the possibility of grant funding to renovate the tank. Mr. Clark stated that in order to have a viable grant fund application, it must be proven that the tank would serve additional jobs. Mr. Hicks was instructed to keep Council apprised of the situation.
REQUEST FOR STREET LIGHT-WHITE DRIVE/W. CHILHOWIE STREET-DAVID PEAKE: This item was referred to the Street Light Committee for study and recommendation.
WATER TREATMENT PLANT-HEALTH DEPARTMENT LOAN: Mr. Clark advised that if the Town was to add capacity to the Water Treatment Plant using spring water, rather than river water, cost of upgrading the plant would be less expensive. Negotiations have been underway concerning a possible spring water source. Dewberry and Davis representative, Jeff Spickard, reported to Town Council that applications to secure funds from the Health Department are due April 2. He noted that the Preliminary Engineering Report prepared by Dewberry and Davis has been revised to include a spring water source. With the spring water source, the cost has been lowered to $400,000 to $500,000. Currently, Dewberry and Davis are preparing the draft application. Elements that would increase the Town’s chances of a successful application include the time schedule and readiness to proceed.
Mr. Spickard noted that applications for DHCD Planning Grants are due in August 2004. The maximum amount of award is $25,000.
TOWN SHOP VEHICLE MAINTENANCE PROGRAM: Mr. Clark informed Town Council that a Fleet Maintenance Record System has been installed at the Town Shop. The program is time based and all vehicles have been entered into the database and assigned duration for a maintenance check dependent upon the type/use of the vehicle. The staff feels that this will improve the regular maintenance and extend the productivity of the vehicles and equipment. The Engineer’s Assistant, Todd Long, was instrumental in researching, training and installing the proper hardware/software for this project. Cost of the software was $350. Mr. Clark encouraged the Equipment Committee to visit the Shop and review the new maintenance program.
RESOLUTION-TOBACCO APPLICATION: Mayor Helms read the Resolution for a Tobacco Commission Grant Application for the Campbell Avenue Sewer Interceptor Project.
RESOLUTION
AUTHORIZING THE SUBMISSION OF
A TOBACCO COMMISSION GRANT APPLICATION
FOR THE CAMPBELL AVENUE SEWER INTERCEPTOR PROJECT
WHEREAS, the replacement of the Campbell Avenue Sewer Interceptor is key to the future economic development of the Town of Marion; and
WHEREAS, there are two major employers in the Town of Marion with expansion plans that are dependent upon the replacement of the Campbell Avenue Sewer Interceptor; and
WHEREAS, the replacement of the Campbell Avenue Sewer Interceptor is listed as the top priority on the current five-year water and sewer improvements plan.
BE IT HEREBY RESOLVED that the Marion Town Council authorizes the submission of an application for grant funding for the Campbell Avenue Sewer Interceptor Project to the Virginia Tobacco Commission and certified that John E. B. Clark will serve as the authorizing agent and is responsible for the accuracy of the application and for the appropriate use of all funds granted.
BE IT FURTHER RESOLVED that the Marion Town Council approves $67,257 to be added to the $67,257 approved by the Smyth County Board of Supervisors that will serve as a 50 percent match to requested Virginia Tobacco Commission funds.
________________________________ ____________________________________
David P. Helms, Mayor Dixie O. Sheets, Town Clerk
Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, the Resolution was adopted. Messrs Leaman, Cregger, Heath, Hendrick, Warren and Dr. Gates voted affirmatively.
FIRE DEPARTMENT: Fire Chief Jim May, Assistant Fire Chief Richard Keesling, and Firemen Mike Yingling and B. J. Hamm represented the Fire Department. Chief May requested permission to trade in the 1969 Snorkle Truck in on a 1999 GMC E-One Jack Rabbit 4WD. The Fire Department purchased the Snorkle Truck with Department “In-House” Funds and would also purchase the GMC without requesting funds from the Town. The vehicle is a demonstrator model and can be purchased for $65,000 with a trade in of the Snorkle Truck at a value of $10,000. The vehicle could be used in deep-brush areas, snow and/or traffic management and would be registered to the Town. The Town provides insurance for Fire Department equipment, vehicles and worker’s compensation. Mr. Heath moved that the Fire Department be allowed to trade in the 1969 Snorkle Truck on a 1999 GMC E-One Jack Rabbit 4WD to be registered to the Town of Marion. Dr. Gates seconded the motion. The motion carried by a vote of 5 AYES and 1 NOE (Leaman).
Mr. Leaman asked if grant funds are available for fire department purchases. Chief May stated that the Department continues to apply for grants. Mr. Heath offered his services to assist with grant writing and make any contacts that might be appropriate to assist with funding.
BIKEWAY PROJECT: Mr. Clark informed Town Council that on February 9, 2004, he attended the Smyth County Board of Supervisors meeting to provide them with an update on the Park Boulevard Bikeway Project. Mr. Jacob Craig of Anderson and Associates accompanied Mr. Clark. Mr. Clark reviewed the bids for the construction phase of the project. W-L Construction and Paving was the apparent low-bidder with a bid of $382,489.40. TEA-21 (VDOT) funds require a 20% match, totaling $76,497.88. Mr. Clark advised the Board that an agreement between the Town and County split the amount of match to be contributed to 60% ($45,898.73) provided by the Town of Marion and 40% ($30,599.15) provided by Smyth County. There was limited discussion, at the Board meeting, concerning an oral or written agreement with regard to this matter. However, County Administrator E.B.J. Whitmore, III stated that the County budget for last year and this year included $20,000. The County Board of Supervisors referred this request to the Budget Committee. Upon request of the County, the Town provided the plans and documentation that the design has been approve by VDOT.
ORDINANCE COMMITTEE-REFERENCE TO LOCATION OF METHADONE CLINICS WITHIN THE CORPORATE LIMITS: Mr. Fenyk advised that the Planning Commission must make the necessary changes to the Zoning Ordinance and Matrix with regard to the allowed locations for Methadone Clinics. This must be accomplished prior to further Council action. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was continued.
LIGHT AT CIVITAN PARK ON NORTH CHURCH STREET: Mrs. W. T. Grissom has complained several times about the light located at the Civitan Park. Mr. Warren discussed the matter will AEP representative Angela Jackson who agreed, upon receipt of the pole number, to assist the Town with the problem. The Town has tried several times to remedy the situation for Mrs. Grissom. However, they have been unsuccessful.
HUNGRY MOTHER ESTATES: Mr. Fenyk advised that in talking with Attorney John H. Tate, Jr., that the property owners are considering requesting that nine (9) acres be rezoned to R-2 and submit a revised plat for the proposed ‘gated community’.
PLANNING COMMISSION: Mr. Hendrick informed Council that Shirley G. Spencer has expressed an interest in serving on the Planning Commission and would appreciate being considered when a vacancy occurs.
SNOW REMOVAL: Council members commended the Town Shop Maintenance Crew for a job-well-done during the recent heavy snow event.
QUARTERLY MEETING: Mayor Helms announced that The Town of Chilhowie and the Smyth County Board of Supervisors would jointly host the Quarterly Meeting of the Towns and County. The dinner meeting will be held March 8, 2004 at 6:00 p.m. at the Chilhowie Municipal Building. The program will be presented by MRPDC on the Broadband Internet Access.
VML LEGISLATIVE DAY: Mayor Helms stated that the VML Legislative Day was very informative for those attending. He added that the contacts are very important for tourism and funding in general.
TOURISM: Mr. Heath is scheduling training with Blue Ridge Travel to learn how to input our information onto the state website. He also met with the Virginia Tourism Corporation during VML Legislative Day and along with Mayor Helms, John Clark, and Councilman Warren, invited the VTC staff to visit Marion for a tour. Mr. Heath has partnered with the Chamber of Commerce to place community brochures on the rack in the Town Hall. The Marion Downtown! office will serve as the Tourism Information Center for the Town of Marion.
I-81 IMPROVEMENTS: Mr. Heath presented a copy of the Atlanta Journal, which detailed a similar story regarding GA 316 and the tolls that are set to be imposed there. The traffic on the secondary roads is a major problem, according to the article, because of the proposed tolls. He attended a VDOT informational hearing and will provcide a copy of the Town’s resolution regarding the I-81 expansion to VDOT.
EASEMENT-BAYROCK COMPANY: Mr. Fenyk advised that he is yet to receive a response from Bayrock Enterprises (Wendy’s). Mr. Clark stated that the Town is waiting on the easement and are ready to proceed. The easement will cross the Wendy’s parking lot. The Town has agreed to repair the cut in the pavement and repave ½ of the parking lot (valued at $7,000) as a result of the easement. Several members of Town Council stated that they were unaware of the agreement with Wendy’s to pave a portion of the parking lot.
Mr. Hicks added that an easement from D&D Construction has been secured. Although the drainage in the area has been a problem for years, it accelerated after D&D Construction built Rite-Aid.
The drainage line will be installed on a Town ‘Paper Street’ and will channel all water from the Park Terrace Apartments, behind the residences and tie into the storm drain on North Main Street. Dr. Gates moved that the Town proceed with the easement with Bayrock Enterprises. Mr. Cregger seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
FIREARMS LOCK: Chief Roberts reported that the Marion Police Department is participating in the nationwide “Child Lock for Guns Program”. The locks can be obtained, free of charge, at the MPD.
NATIONWIDE INSURANCE GRAND OPENING: Mr. Heath informed Town Council that the Grand Opening for Nationwide Insurance Company, owned by Chris Scher, will be held on Broad Street on March 21, 2004. He added that the Police Department would be conducting safety checks for car seats for children and finger printing. The will also be a VIN (Vehicle Identification Number) etching demonstration for automobile windows.
Mayor Helms welcomed a visitor, Miss Faith Ann Fenyk, to the Council Meeting and thanked her for her attendance.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.