PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Mark Warren, Eugene Hendrick, Buford Cregger, Mel Leaman, and Dr. James Gates, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Superintendent of Public Works Jack Perry; 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. Cregger, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed.
VISITORS: None
PARKING RIGHTS AT FORMER LIFE SAVING CREW BUILDING-TOWN ATTORNEY: Upon motion of Dr. Gates, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, this item was continued at the request of Town Attorney Mark Fenyk.
NOTICE OF TOWN/COUNTY QUARTERLY MEETING-TOWN MANAGER: The Towns/County Quarterly Meeting will be held on May 18, 2004 at 6:00 p.m. at the Lincoln Theatre.
RESPONSE FROM AMERICAN ELECTRIC POWER ON SAFETY LIGHTING FOR PARK BOULEVARD BIKEWAY PROJECT AND MAY 5, 2004 PRE-CONSTRUCTION CONFERENCE-TOWN MANAGER (SEE ATTACHMENT): Mr. Clark reported that an estimate of $2,380 has been received from American Electric Power company for upgrades and lighting along the Bikeway. AEP recommended installation of five (5) lights and an upgrade for three (3). Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 6 AYES and 1 ABSTENTION (Heath), the recommendation was referred to the Street Light Committee for review.
Mr. Warren asked if AEP has scheduled the upgrade to the streetlights on Prater Lane. Mr. Clark responded that he had e-mailed AEP concerning the lights and a meeting will be scheduled to review the area. Mr. Leman suggested that the Street Light Committee consider an upgrade of the streetlights throughout the Town of Marion. He further suggested that the Town secure a quotation for the lighting upgrade project and that high-pressure sodium lights be requested. Members of Town Council were agreeable to this suggestion and requested that Mr. Clark contact AEP for a quotation.
The Pre-construction conference for the Bikeway Project will be held on May 5, 2004. Council members asked that Mr. Clark coordinate the resolution of the drainage problem on Park Blvd. with the engineer and contractor at this time. Mr. Clark stated that he would ask the engineer to prepare a change order and incorporate it into the project.
REZONING REQUEST FROM MR. STEVEN DIMIT-709 N. MAIN STREET-TOWN ENGINEER (SEE ATTACHMENT): Steven F. Dimit, acting as agent for Samuel K. Boothe & Robert A. Boothe, owners of property located at 709 N. Main Street, has requested that the property be rezoned to Commercial General (CG). The intended use for the property is establishment of an insurance agency. Mr. Hicks sated that the Comprehensive Plan encourages Commercial zoning along Route 11 (North Main Street). Mr. Cregger noted that Mr. Dimit is not the property owner. Mr. Fenyk advised that Mr. Dimit must have power of attorney for both Mr. Samuel Booth and Mr. Robert Boothe to make this request or that the Boothe gentlemen may make the request. Mr. Heath moved that Mr. Dimit secure documentation of the Power of Attorney or a request for rezoning from the property owners and that the request be referred to the Marion Planning Commission for study and recommendation. He further moved that a Public Hearing be scheduled, contingent upon securing proper documentation of request from the property owners. Mr. Cregger seconded the motion. Upon a vote of 6 AYES and 1 ABSTENTION (Leaman), the request was referred to the Planning Commission for study and recommendation.
LEE STREET BRIDGE: Mr. Hicks stated that Lee Street Bridge Project will be divided into two (2) phases and two (2) fiscal budget years. The second phase will include widening of Chestnut Street up to Lee Street. Mr. Hendrick moved that this matter be continued until the Street Committee has an opportunity to renegotiate the contract with Mattern & Craig. Mr. Cregger seconded the motion. Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Heath).
TECHNOLOGY COMMITTEE ON SMYTHNET REQUEST (SEE ATTACHMENT): The Technology Committee met concerning Mr. Michael Perdue's request to place a wireless transmitter on the Municipal Building. Based upon the recommendation of the Town Attorney, Mark Fenyk, if the Town allows him to place the transmitter on the building, the Town would be required to grant or sell a franchise to SmythNet. If approved, the Town must make the same service available to anyone that may be interested in using public property. Mr. Clark had relayed the discussion of the Technology Committee and Mr. Fenyk to Mr. Perdue by letter of April 27, 2004. To date there has been no response from Mr. Perdue.
HUNGRY MOTHER ESTATES PROPOSED SUB-DIVISION: Mr. Clark reported that a meeting is scheduled for May 4, 2004 with the owners of the property, Mr. Jerry Lewis and Mr. D.C. Walker, to discuss the development.
DOWNTOWN TREES: Mr. Hendrick stated that Mr. Evans has begun the tree maintenance on Main Street and commended him for a job well done.
RIVERBEND PARK: Mr. Cregger commented that the Riverbend Park Picnic Area looks good. Sam Wagner, Recreation Director, and his staff with the assistance of some of the Public Works staff have work diligently to prepare the park for visitors.
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT: Mr. Heath reported that Todd Christiansen, VHCD, visited Marion recently and viewed some of the projects that the Town is involved in. He advised that he felt secure that funding will be available for the Parking Study. However, he was not so optimistic about funding for the Streetscape project. He stated that these types of projects are funded as a last resort.
TOURISM: Mr. Heath advised that he attended the Governor's Conference on Tourism. He found the Conference to be most informative.
LINCOLN THEATRE: The newly renovated Historic Lincoln Theatre hosted a Donor's Gala on Friday, April 30, 2004 from 6:00-8:00. The event hosted approximately 350 guests. Dr. Gates advised that estimates of 1,000 citizens visited the Lincoln Theatre's Open House on Saturday, May 1, 2004.
STREET COMMITTEE-PAVING SCHEDULE: Mr. Hendrick advised that the Street Committee has reviewed the Spring 2004 Paving/Milling Schedule. The total cost will be $176,000. Discussion ensued. Dr. Gates moved that due to the sewer line project on Country Club Road, this street be deleted from the schedule and substitute other eligible streets to utilize carryover of Highway Maintenance Funds. The motion was seconded by Mr. Burkett and carried unanimously. Messrs Burkett, Warren, Heath, Leaman, Cregger, Hendrick and Dr. Gates voted affirmatively.
COMMUNITY FUNCTIONS: Mayor Helms announced the following community functions:
Arbor Day Celebration - Civitan Park - May 4, 2004 - 1 pm
Salute to Industry - Holston Hills Country Club - May 13, 2004
Keystone Marion Youth Center - SWSMHI- May 13, 2004 11 am
Discovery Day - Marion Primary School - May 7, 2004
MARCH OF DIMES WALK: Mayor Helms informed Council that $18,000 was raised from the March of Dimes Walk on May 1, 2004. The Town of Marion participants were Susan Clark, Linda Pennington, Kayla Clark and Mayor Helms.
PAUL HARRIS SCHOLAR: Mayor announced that the Rotary Club has selected Council Member Dr. James L. Gates as the Paul Harris Scholar of the Year. Congratulations to Dr. Gates!
OLDER AMERICANS CELEBRATION: The Third Annual Older Americans Celebration will be held on the Court House Lawn on May 28, 2004 from 11 am until 2 pm.
GILMAN STREET: There was a question as to matching funds for this project. Mr. Clark advised that the match this year went to purchase of the property. Mr. Clark will inquire, as to the further required matching funds.
CLOSED SESSION-FIRE DEPARTMENT ISSUE-JUSTIFICATION 2.2-3711, (A7) Code of Virginia, as amended: Mr. Hendrick moved that Town Council enter into Closed Session to discuss Fire Department issues. Mr. Heath seconded the motion. Council entered into Closed Session by a vote of 7 AYES and 0 NOES. Mr. Hendrick moved that Council reconvene to open session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed in the Closed Session. Mr. Heath seconded the motion. Town Council approved the same unanimously. Messrs Burkett, Hendrick, Heath, Cregger, Leaman, Warren and Dr. Gates voted affirmatively.
PARKING SITUATION: Mr. Clark advised that an unnamed industry has informed the Town that one lot to accommodate parking has been secured on Maple Street. The property on Lee and Broad Street has not been made available. An offer has been made on a building, contingent upon parking, by the unnamed industry.
LINCOLN THEATRE: An inspirational speaker, Mr. Bill Irwin, will be presented at the Lincoln Theatre on Monday, May 10, 2004 at 10 am. Mr. Irwin is the only blind individual to hike the entire Appalachian Trail.
ELECTION DAY: Mayor Helms reminded those present that Tuesday, May 4, 2004 is Election Day for the Town officials.
ADJOURNMENT: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.