PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, 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, Public Works Director Jack Perry; Town Clerk/Director of Finance Dixie O. Sheets; and Town Attorney Mark Fenyk.
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 5 AYES and 0 NOES, the minutes of the meeting held February 17, 2004 were approved as written and distributed. Messrs Burkett, Heath, Leaman, Warren and Dr. Gates voted affirmatively.
VISITORS: Doug Covington, Shelley Covington, Scott Wilson, Richard Saufley, and David Fields
PUBLIC HEARING-CONSIDERATION OF ADOPTION OF AN AMENDMENT TO THE TOWN OF MARION CODE OF ORDINANCES-REAL ESTATE TAX ABATEMENT: Mr. Ken Heath presented a brief overview of the proposed ordinance. The proposed abatement would be related to any commercial business in the Historic area. The amendment would provide a benefit up to 15 years. Those qualified for Federal and State tax abatement would also qualify for the Town’s abatement, if approved. However, property owners may elect to apply only for the Town’s tax credit which would be reviewed by the Marion Downtown Board of Directors, who would make a recommendation to Town Council.
Doug Covington and David Fields appeared and spoke in favor of the proposed ordinance. Richard Saufley also spoke in favor of the proposed ordinance and requested that the Town expand the abatement to be retroactive to include those businesses that have upgraded their property with renovations and new facades. Mr. Heath reported that the owner of Macado’s sent a note in favor of the proposed ordinance. He also included in the note that the Downtown area needs parking. Dr. Gates moved that the Ordinance For Real Estate Tax Abatement for Approved Property Improvements on Eligible Buildings Within the Marion Historic District be adopted, as stated. Mr. Leaman seconded the motion. Council adopted the same by a vote of 3 AYES and 2 ABSTENTIONS (Heath, Warren). Dr. Gates added that the Ordinance Committee would consider his request that the abatement be retroactive to include those commercial properties that have already incurred expenses on renovations. It was also noted that the County would entertain the possibility of adopting a similar ordinance.
PARK BOULEVARD BIKEWAY PROJECT-TOWN MANAGER: Four (4) bids for construction of the Bikeway Project were received on January 26, 2004. Based upon review of the bids, it was recommended by Town staff and Anderson and Associates that the contract is awarded to the low-bidder, W-L Construction and Paving, Inc. in the amount of $382,489.40. Mr. Clark advised that VDOT has decided to invoice the grant directly, reducing the amount bid by W-L Construction by $10,000. Upon approval of the Town Council and VDOT, Anderson and Associates will issue a Notice of Award and proceed with contract document completion. Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the construction contract for the Bikeway Project was awarded to W-L Construction and Paving, Inc. Messrs Burkett, Leaman, Hendrick, Heath, Warren and Dr. Gates voted affirmatively. Mr. Clark advised that the Town is the grantee and responsible for 20% match. He added that the County has funds budgeted for the project. He informed Council members that he would verify that all funding is in place prior to issuance of the “Notice to Proceed”.
Mr. Heath asked if the use of excess grant funds might be used for additional landscaping and lighting, as discussed. Mr. Clark advised that the landscaping has been approved. However, the lighting is currently under review and the Town has yet to receive the final determination.
LETTER CONCERNING NON-CONFORMING ACCESSORY USE AT 819 HENRY STREET-ZONING ADMINISTRATOR: Zoning Administrator Cecil Hicks informed Council that Mr. Steven Taylor, 819 Henry Street has been notified by certified mail that the structure in front of his property is in violation of the Town of Marion Zoning Ordinance. (Article 7.6-02, “No structure of a permitted accessory use shall be permitted to locate except in rear yards only.”) Mr. Taylor was instructed to remove the structure immediately. Mr. Hicks further advised Mr. Taylor in the letter that if he intends to relocate the structure in the rear yard, a permit must be obtained from the Zoning Administrator. Mr. Taylor has made no contact with the Zoning Administrator nor has the structure been disassembled. Mr. Clark stated that neighbors continue to complain of disturbing noise, late into the night, from the residence at 819 Henry Street. Mr. Hicks will contact Mr. Fenyk on the next step in the process to have the structure removed.
TOWN/COUNTY QUARTERLY MEETING MARCH 8, 2004 AT CHILHOWIE TOWN HALL: The Town of Chilhowie and Smyth County Board of Supervisors will jointly host the Quarterly Meeting of the Towns and County on March 8, 2004 at 6:00 p.m. The meeting will be held at the Chilhowie Municipal Building located at 325 East Lee Highway. MRPDC will present a program on Broadband Internet access.
NEIGHBOR’S COMMENT ON SATISFACTION OF SURVEY FOR RENTAL HOUSE NEAR MARION LIFE SAVING CREW: Mrs. Gentry, owner of the property adjacent to the former MLSC building, produced a deed to her property. The deed did not contain a plat. She informed Mr. Hicks that if a title search is performed on the deed, that there is a space dedicated for the property owner/renter to park on the former MLSC lot. Mr. Fenyk will perform a title search.
CONTRACT PROPOSAL ON EAST CHILHOWIE STREET BRIDGE PROJECT-TOWN MANAGER AND THOMPSON & LITTON (CONTRACT DOCUMENT MEETING): Mr. Clark advised that the agreement between the Town of Marion and Thompson & Litton, Inc. for the East Chilhowie Street Bridge Project has been received. Negotiations between Thompson & Litton, John E. B. Clark, Jr., and Cecil Hicks eliminated a Resident Project Representative at a cost of $35,220. The revised all basic services fee is $44,528, with weekly inspection by a structural engineer. Scott Wilson, representative of Thompson & Litton, advised that obtaining the various review agencies response is in progress. Although he does not anticipate any problem with the reviewing agencies, it does take time. He stated that it would take approximately 6 weeks to prepare the design and a set of plans. The construction could be awarded in five (5) months and the bridge could be open in nine (9) months, around January 2005. Mr. Wilson advised that that the Thompson & Litton cost estimate for the project is $511,000. Mr. Heath asked if 100% of the funding is in place. Mr. Clark advised that based upon Dewberry & Davis cost estimate, the Town might be $30,000 short. Mr. Heath moved that the Streets and Finance Committees and Town Attorney study this document. If approved by the Committees and Town Attorney that the Mayor and/or Manager be given the authority to sign the document on behalf of the Town. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Burkett, Heath, Leaman, Warren, and Dr. Gates voted affirmatively.
REQUEST FROM MARION INTERMEDIATE SCHOOL ON SCHOOL TRIP: A request for donation has been received from Marion Intermediate School Special Education Classes. The classes have planned a 3-day/2-night trip to Washington, DC. The adventure will be held April 28, 29 and 30. Approximately 40 students and teachers plan to participate. Cost of the trip is $300 per person. They have conducted fund-raisers. However, the financial support of the community is still needed. Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 5 AYES and 0 NOES, this item was referred to the Finance Committee for consideration and recommendation.
REQUEST TO DONATE LAND FROM LINCOLN FAMILY: Ralph, Charles, and Robert Lincoln have offered to donate property located at the corner of River Street and N. Church Street to the Town. The parcel consists of 1.04 acres. Donnie Surber has appraised the property and Mr. Clark was advised that the value is $8,800. A1A Donnelly Real Estate agent Colin Lincoln is the contact person on this matter. Members of Town Council felt that the property would be an addition to the Civitan Park and/or Riverwalk. Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, the motion was approved. Messrs Burkett, Heath, Leaman, Warren, and Dr. Gates voted affirmatively.
NEW SOLID WASTE REGULATION AND POSSIBLE AFFECTS ON TOWN-TOWN MANAGER: Mr. Clark advised that Smyth County is the licensee thru DEQ for Waste Management. Based upon new regulations, Smyth County requested assistance from Mount Rogers Planning District Commission (MRPDC) to develop a Waste Management Plan to include newly adopted regulations. MRPDC advertised for proposals to procure from a qualified provider the preparation of Solid Waste Management Plans for the region. The Regional group is comprised of Counties of Washington, Smyth, Wythe, and Bland, including the Towns of Abingdon, Damascus, Glade Spring, Chilhowie, Saltville, Marion, Rural Retreat and Wytheville. Bids were accepted thru January 23. The firm selected for the contract was Draper Aden Associates at a cost not-to-exceed $35,000. Each county will be responsible for a portion of the cost based upon a per capita basis. Smyth County’s share will be $9,800. Smyth County will perform permitting fees for all three (3) Towns and Smyth County. The Town of Marion may or may not be assessed a portion of the cost on a per capita basis. Mr. Heath reminded Town Council that the Town of Marion was excluded from the GIS photos. This item was for informational purposes only.
PARKING: Richard Saufley, member of Lincoln Theatre Board of Directors and Downtown business owner, apprised Council that within 60 days, on April 30, the Lincoln Theatre will open with a gala event for supporters. Additional parking in the Downtown area is needed. On May 1, 2004, the General Public will be invited to view the renovations at the Lincoln. Mr. Saufley stated that the Lincoln Theatre would hold 225 people. New businesses slated to open could require 100 parking spaces. He added that the Town Parking Lot is nearly full every day and the Town should address parking issues in the near future. He stated that there is a parking garage on Broad Street that the Town may consider as an option. He fears that an official, expanded parking study could delay the needed parking. In closing, Mr. Saufley requested Police traffic control on April 30 and May 1, during the Lincoln Theatre opening.
STREET LIGHT REQUEST-WHITE DRIVE-DAVID PEAKE: This item was continued.
VIRGINIA MAIN STREET AWARDS: Mr. Heath reported that he, Mayor Helms, and Doug Covington attended the Virginia Main Street Awards February 26 and 27. They found the meeting very informative and made good contacts with the Main Street representatives and Tobacco Fund agents. The Town received two (2) awards at the meeting. One was for $10,000 in Volunteer hours, since 1994. The second was in honor of a $10,000,000 reinvestment made in the Downtown area.
WILLIAM KING ARTS CENTER: Mr. Heath informed Town Council that the William King Arts Center has scheduled a Retro Sherwood Anderson Exhibition in September 2005. The Town of Marion will participate in the exhibit.
STREET-CHERRY STREET REPAIRS: Mr. Warren asked if the potholes on Cherry Street have been repaired. Mr. Clark advised that the pothole was caused by a water leak. The water leak has been repaired and Public Works is waiting for hot patch to repair the asphalt. Mr. Hicks stated that the asphalt plant is expected to open within the next two (2) weeks.
CALLAN DRIVE DEVELOPMENT: Mr. Clark stated that there is no news on development or recordation of the plat for Hungry Mother Estates. Apparently, one of the owners is out of Town for the winter months.
INVITATION TO CELEBRATE DR. SEUSS’S 100TH BIRTHDAY FROM MARION INTERMEDIATE SCHOOL: Mayor Helms extended an invitation to members of Marion Town Council to attend lunch at the Marion Intermediate School, on March 2, 2004, to join in the Celebration of Dr. Seuss’s 100th Birthday.
JAMESTOWN CELEBRATION: Mayor Helms asked that Mr. Heath head up a plan for a Celebration of Jamestown’s 400th Birthday in 2007. He suggested that the celebration be coordinated with the Marion schools. Mr. Heath accepted the challenge.
GIS PROVIDER: Mr. Fenyk advised that Smyth County has discontinued their contract with Anderson & Associates to host the GIS on the web. He wanted to make the Town aware of this development. Mr. Clark will investigate the implications to the Town.
CEDARS WATER LINE: Mr. Hicks reported that 75% of the water line installation is complete.
ADJOURNMENT: Upon motion, duly seconded and vote of 5AYES and 0 NOES, the meeting was adjourned.