PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Ken Heath, Mark Warren, Mel Leaman and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; and Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Don Stamper rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Clay, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, the minutes of the meeting of May 16, 2005 were approved as written and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.
Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the minutes of the Special Called Meeting of May 18, 2005, to review the proposed 2005-06 Budget, were approved as written and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.
Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the minute of the Special Called Meeting of May 26, 2005, to review Lee Street Project bids, were approved as written and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.
VISITORS: Don Stamper, Sadie Greer, David Fields, Jeff Spickard
RESOLUTION ON THE OCCASION OF THE RETIREMENT OF DON STAMPER: Mayor Helms read the Resolution for Don Stamper, who retired on June 1, 2005. The Town had employed Mr. Stamper for 32 years. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Town Council unanimously adopted the Resolution. Mayor Helms also presented Mr. Stamper with a gift from the Town.
PUBLIC HEARING-PROPOSED BUDGET FOR 2005-2006: The proposed budget for FY 2005-2006 was presented in the amount of $7,636,567. Chairman of the Finance Committee, Dr. Gates, presented an overview of the proposed budget. The proposal includes a 15% rate increase in the Water and Sewer rates for users of more than 2000 gallons. The proposed increased is prompted by several elements, the Water Treatment Plant Upgrade, Campbell Avenue Sewer, Health Insurance increase, and continued repair and replacement of water and sewer lines. Mr. Leaman expressed the Committee’s commitment to continue to provide service at the level which Town citizens have become accustomed. A 2% COLA increase for town employees was included in the budget proposal. No one was present to speak for or against the proposed budget. Mayor Helms closed the Public Hearing.
APPROVAL OF PAY REQUEST #4 ON THE PARK BOULEVARD BIKEWAY PROJECT: Mr. Clark presented the final W-L Construction & Paving, Inc. statement in the amount of $195,017.17. Upon motion of Dr. Gates, seconded by Mr. Clay, and vote of 6 AYES and 1 ABSTENTION (Heath), payment was approved. Messrs Hendrick, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.
APPROVAL OF VRA LOAN FOR WATER TREATMENT PLANT UPGRADE: The Virginia Resources Authority had announced that the Virginia Department of Health has authorized a loan from the Virginia Water Supply Revolving Fund to the Town of Marion in the amount of $1,576,700 for a period of twenty (20) years at 3% per annum. (Interest 2.5% and an administrative fee of .50%). The Loan will be secured by a pledge of revenues from the Town’s water and wastewater systems. Mr. Heath moved that the Town accept the loan, contingent upon approval of loan documents by the Town Attorney Mark Fenyk. Mr. Hendrick seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Cregger, Clay, Leaman, Warren and Dr. Gates voted affirmatively.
APPROVAL OF PAVING BIDS FOR SOUTH MAIN STREET AND COUNTRY CLUB ROAD: Only one bid was received to perform the paving for S. Main Street and Country Club Road. The proposal from W-L Construction & Paving, Inc. was in the amount of $66,336.87. Mr. Hicks requested that Town Council consider extending the pavement on Country Club Road to the bridge at the entrance of Holston Hills Country Club. This extension would increase the cost to $72,633.87. Upon motion of Dr. Gates, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the bid for paving S. Main Street and Country Club Road was accepted with the addition as requested by Mr. Hicks. Messrs Hendrick, Warren, Cregger, Leaman, Heath, Clay and Dr. Gates voted affirmatively.
APPROVAL OF A VARIETY OF POLICIES, PROCEDURES, PLANS, NOTICES AND RESOLUTION REGARDING THE MARION DOWNTOWN MASTER REDEVELOPMENT PLAN-CDBG: Mr. Heath advised that the Community Development Block Grant funding requires adoption of various policies, procedures, plans and notices. The Town of Marion has adopted these in the past. The Town would like to adopt these in order to have the most updated version. Mr. Hendrick moved that the following documents be adopted to bring the Town of Marion up to date with Federal Regulation. Mr. Clay seconded the motion. Town Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).
Non-Discrimination Policy: The Town of Marion or any employee thereof will not discriminate against an employee or applicant for employment because of race, age, handicap, creed, religion, color, sex or national origin. Administrative and Personnel officials will take affirmative action to insure that this policy shall include, but not be limited to the following: employment, upgrading, demotion or transfer; rates of pay or other forms of compensation; and selection for training.
GRIEVENCE PROCEDURE
The Town of Marion has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Department of Housing and Urban Development’s (HUD) (24 CFR Part 8.53b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29USC 794). Section 504 States, in part, that “no otherwise qualified handicapped individual….shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance…”
Complaints should be addressed to: John Clark, Town Manager, Marion Town Hall, 138 W. Main Street, Marion, VA 24354 (276) 783-4113, who has been designated to coordinate Section 504 compliance efforts.
1. A complaint should be filed in writing or verbally contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within five (5) days after the complainant becomes
aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.)
3. An investigation, as may be appropriate, shall follow a filing of a complaint.
The investigation will be conducted by John Clark. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 24 CFR Part 8.53b, the Town of Marion need not process complaints from applicants for employment or from admission to housing.
4. A written determination as to the validity of the complaint and description of
resolution, if any, shall be issued by John Clark and a copy forwarded to the
complainant no later than five (5) days after its filing.
5. The Section 504 coordinator shall maintain the files and records of the Town of Marion relating to the complaints filed.
6. The complainant can request a reconsideration of the case in instances where
he or she is dissatisfied with the resolution. The request for reconsideration
should be made within five (5) days to John Clark.
7. The right of person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as filing of a Section 504 complaint with the Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
8. These rules will be constructed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Town of Marion complies with Section 504 and the HUD regulations.
TOWN OF MARION
LOCAL BUSINESS AND EMPLOYMENT PLAN
1. The Marion Town Council designates as its Local Business and Employment Project area boundaries of the Town of Marion.
2. The Marion Town Council, its contractors, and designated third parties shall in utilizing Community Improvement Grant funds businesses and lower income residents of the project area in carrying out all activities, to the greatest extent feasible.
3. In awarding contracts for work and for procurement of materials, equipment or services of the Town of Marion, its contractors, and designated third parties shall take the following steps to utilize businesses, which are located in or owned in substantial part by persons residing in the Project Area:
a. The Marion Town Council shall ascertain what work and procurements are likely to take place through the Community Improvement Grant funds.
b. The Town of Marion shall ascertain through various and appropriate sources
Including:
Smyth County News
WMEV
WOLD
TV3
The business concerns within the project area, which are likely to provide materials, equipment and services that will be utilized in the activities funded through the Community Improvement Grant.
c. The identified business concerns shall be apprised of opportunities to submit bids, quotes, or proposals for work or procurement contracts which utilize CIG funds.
d. To the greatest extent feasible to the identified business and any other project area business concerns shall be utilized in activities, which are funded with CIGs.
4. In the utilization of trainees or employees for activities funded through CIGs the Marion Town Council, its contractors, and designated third parties shall take the following steps to utilize lower income persons residing in the Project Area.
a. The Town Council in consultation with its contractors (including design professionals) shall ascertain the types and number of positions for both trainees and employees, which are likely to be utilized during the project funded by CIG funds.
b. The Town Council shall advertise through the following sources
Smyth County News
Bristol Herald-Courier
The availability of such positions with the information on how to apply.
c. The Marion Town Council, its contractors, and designated third parties shall be required to maintain a record of inquiries and applications by project area residents who respond to advertisements, and shall maintain a record of the status of such inquiries and applications.
d. To the greatest extent feasible, the Town Council, its contractors, and designated third parties shall utilize lower income project area residents in filling training and employment positions necessary for implementing activities funded by CIGs.
5. In order to ascertain substantial compliance with the above affirmative actions and Section 3 of the Housing and Community Act of 1968, the Marion Town Council shall keep, and require to be kept by contractors and designated third parties, listings of all persons employed and all procurements made through the implementation of activities funded by CIGs. Such listings shall be completed and shall be verified by site visits and interviews, cross-checking of payroll reports and invoices, and through audits if necessary.
LOCAL BUSINESS AND EMPLOYMENT NOTICE
The Town of Marion is preparing to implement the Marion Downtown Master Redevelopment Plan Community Development Project, through the use of Virginia Community Improvement Grant Funds. In the implementation of this project the following job types may be available:
Carpenters, laborers, plumbers, electricians, painters, etc.
In carrying out this project, the Town of Marion, its contractors and subcontractors will, to the greatest extent feasible, utilize qualified persons who permanently reside within Smyth County for employment and training positions.
All job openings (if any) will be listed with the local office of the Virginia Employment Commission.
Persons qualified for the jobs listed should register in writing, with Brian Reed, Mount Rogers Planning District Commission, 1021 Terrace Drive, Marion, VA 24354.
Additionally the following contracts and procurement will/may be made:
Construction services needed: major and minor historic building façade renovations, wayfaring signage construction and implementation, sidewalk and brick installation, etc.
The Town of Marion will, to the greatest extend feasible, utilize business concerns located in or owned by persons residing in Smyth County. Any firm residing or located in the above named county may request to participate in procurement opportunities associated with this project by sending a written request, including name, address, product or service, and phone number, within ten days of this ad, to the address above. All procurement shall be made on a competitive basis.
PUBLIC NOTICE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HANDICAPPED REGULATIONS
This notice is published pursuant to the requirements of 24 CFR part 8, Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development, as published in the Federal register on June 2, 1998. 24 CFR part 8 prohibits discrimination against qualified individuals because of their handicapped status.
Town of Marion advises the public, employees, and job applicants that it does not discriminate on the basis of handicapped status in admission or treatment or employment in, its programs and activities.
Town of Marion has designated the following as the contact to coordinate efforts to comply with this requirement.
Inquiries should be directed to:
John Clark, Town Manager
P.O. Box 1005
Marion, VA 24354
(276)-783-4113
1-800-828-1140 voice
1-800-828-1120 – TDD
24 hours a day – 7 days a week.
PUBLIC NOTICE
Be it known by all persons, that the following resolution of the Town of Marion, endorsing the concept of Fair Housing, was duly adopted and approved on October 18, 2001.
WHEREAS, the Congress has enacted the Federal Fair Housing Act of 1968 as amended; and
WHEREAS, federal and state law provide equal housing opportunity for all citizens regardless of race, color, religion, national origin, sex, age, familial status, or handicap, and
WHEREAS, The Town of Marion has provided programs to assist the development of decent, affordable housing for all citizens of all incomes.
NOW THEREFORE, We, The Town Council, do endorse the concept of Fair Housing and call upon the citizens of Marion and government officials along with those in the banking industries to join and work together in this observance for free and equal housing treatment for all.
FAIR HOUSING RESOLUTION
WHEREAS, The Congress has enacted the Federal Housing Act of 1968 as amended; and
WHEREAS, federal and state law provide equal housing opportunity for all citizens regardless of race, color, religion, national origin, sex, age, familial status, or handicap; and
WHEREAS, the Town of Marion has provided programs to assist the development of decent, affordable housing for citizens of all incomes.
NOW THEREFORE, We, the Town Council, do endorse the concept of Fair Housing and call upon the citizens of Marion and government officials along with those in the banking and housing industries to join and work together in this observance for free and equal housing treatment for all.
FAIR HOUSING CERTIFICATION
Compliance with Title VIII of the Civil Rights Act of 1968
WHEREAS, the Town of Marion has been offered and intends to accept federal funds authorized under the Housing and Community Development Act of 1974, as amended, and
WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing;
THEREFORE, the Town of Marion agrees to take at least one action to affirmatively further fair housing each grant year, during the life of its project funded with Community Development Block Grant funds. This action taken will be selected from a list provided by the Virginia Department of Housing and Community Development.
LETTERS RELATING TO CDBG GRANT SENT OUT BY MARION DOWNTOWN!:
Proposed funding for the Marion Downtown Master Redevelopment Plan is:
CDBG REQUIRED REVIEWS: Mr. Heath stated that the Town has applied for a Community Development Block Grant for the implementation of the 2005 Marion Downtown Master Redevelopment Plan (Project # 2005 VCDBG CIG). The project area includes a ten +/- acre parcel known as the Downtown District. In accordance with VA DHCD requirements, he requested that each agency perform the necessary Environmental, Historic, and/or other reviews.
TOTAL PROJECT COST: $2,196,695
CDBG Funds $1,000,000
Property Owners 250,000
Town of Marion 946,695
Town of Marion’s Commitment
$123,725 from CDBG Downtown Housing Program Income for Parking
$600,239 for Lee Street Improvements
$222,732 for Additional Streetscape Improvements
$946,695 Project total over a two (2) year period
DOWNTOWN REVITALIZATION PROJECT-MATCHING FUNDS: Mr. Heath stated that, as a part of the Town’s matching funds, he included Lee Street Improvements. It is anticipated that implementation of this portion of the grant match will begin by July 1. Mr. Heath requested confirmation from the Department of Housing and Community Development that portions of the Lee Street Project be allowed as required matching funds.
LETTERS REGARDING ALLEGED ZONING VIOLATION ON 215 GILMAN STREET: Stacy & Marcie Smith, 215 Gilman Street, were mailed a letter advising them that they were in violation of the Town of Marion Zoning Ordinance for operating a business in a residential area (without a Special Use Permit) and for having inoperable cars on their property. Mr. and Mrs. Smith responded, by mail, and disputed the letter stating that the cars are tagged and/or hidden from view. They further stated that they had the property owner’s permission to operate their business. The Code and Zoning Enforcement Department had informed them, by mail, that a Special Use Permit must be issued by Town Council to operate a business in a residential area. They were further informed that the Marion Police Department would verify if they are in compliance with ordinance regarding their vehicles.
UPDATE ON LEE STREET BIDS: A Special Called Meeting was held on May 26, 2005 at 5:15 to review the bids on Lee Street. Dr. Gates moved that all bids be rejected and the project be re-bid to include a storm drain. Mr. Clay seconded the motion. The motion passed by a vote of 4 AYES (Gates, Leaman, Warren, Helms) and 3 NOES (Hendrick, Cregger, Clay). Mayor Helms cast the deciding vote.
PROPOSAL ON OLD POLICE DEPARTMENT BUILDING – 144 W. MAIN STREET: The Town of Marion is interested in securing suitable tenant(s) for the structure at 144 W. Main Street. The Town is interested in proposals in regards to the type of finish and amount of space required by possible tenants. The Town’s Building Committee will then incorporate those requirements into an overall renovation and revitalization plan for the structure, and price out rent and terms based upon the individual needs of the tenant(s).
UPDATE ON ADULT ENTERTAINMENT STORES ORDINANCE: Mr. Fenyk advised that he is in the process of drafting a proposed Ordinance based upon the Bristol, Virginia City Ordinance.
UPDATE ON FIRE DEPARTMENT CHARGING FOR SERVICES ORDINANCE AND POSSIBLE ESTABLISHMENT OF KNOX BOX PROGRAM: Ms. Sheets advised that upon contacting the Town of Appalachia, the Town does not bill nor does it collect insurance claims for emergency services. However, information has been received that this procedure is practiced in the Roanoke Valley area. Further contacts will be made. This item was continued.
KNOX BOX: Ms. Sheets reported that the Fire Department would provide information on the Knox Program. This item was also continued.
LETTER TO SMYTH COUNTY REGARDING TOWN SERVICES: Town Manager Clark advised that he responded to a letter from Charles Atkins, Chief Financial Officer for Smyth County, concerning the Town’s use of funds allocated to the Fire Department, Recreation Department, Senior Citizen’s Center, Bikeway Project, and Campbell Avenue Sewer. Mr. Clark requested that Smyth County consider a substantial increase in the allocations for the Recreation Department and Senior Citizen’s Center. The Recreation Department has a budget of $234,640 and approximately 66% of the participants come from outside of the corporate limits. 40% of the participants of the Senior Citizen’s Center come from outside the corporate limits of Marion.
DRUG TESTING POLICY: Dr. Gates reported that the Town has considered an arrangement with the Smyth County Community Hospital to perform random drug and alcohol testing for the Town of Marion. Federal regulations require that annually 50% of all CDL employees be tested randomly for drugs and 10% of all CDL employees be tested randomly for alcohol. The Committee further recommends that 10% of all Town employees be randomly tested on an annual basis for drug and alcohol. He requested that this item be continued until such time that SCCH has explained the manner in which the random testing will be performed. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was continued.
MUTUAL AID AGREEMENT WITH WASHINGTON COUNTY: This item was continued.
LUNCHTIME ON THE LAWN: Lunchtime on the Lawn will continue on Friday, June 10 and Friday June 17. Marion Town Council members will be serving on June 10.
D-DAY: Mr. Heath reminded Town Council that today (June 6) is D-Day. Remember our past and present day military heroes for our freedom.
STREET LIGHT-PANORAMA DRIVE: Mr. Hendrick reported that according to Dr. Blattner, the street light near his residence was repaired but is no longer in working order. Chief Roberts will follow up on this complaint.
VML TOWN SECTION MEETING: Mr. Hendrick reported that he and other Town Council Members attended the VML Town Section Meeting in Abingdon. He noted that among the matters discussed were: The VML Website has a Model Personnel Manual on display, information on the car tax, VML information on a new loan program to assist towns in securing bonds, and information on the VML Annual Conference.
BUDGET REVIEW BY MR. HENDRICK: Mr. Hendrick stated that upon review of the budget he wished to note the following: 1) He noted that revenue from Highway Maintenance Funds should be increased 5%. Mr. Clark advised that the Town has received no notification of an increase in Highway Funds. 2) That the Wireless Connection allotment should be reviewed; 3) That MRPDC assessment should be reduced from $4,387 to $4,247, a difference of $197. 4) Hungry Mother Sewer Meter expense is stated at $20,000. He understood that Smyth County would be responsible for payment of this meter. It was explained that payment would be based upon data that is obtained. This is yet to be determined. 5) Mr. Hendrick stated that there is no cost-of-living pay increase in the budget for Marion Town Council Members and the Mayor. He noted that there was no increase in the budget for this item last fiscal year. Mr. Leaman stated that the Finance Committee recommended that the COLA not be included in the Town Council Budget due to fiscal constraints in all departments.
REVIEW OF THE FIVE YEAR WATER AND SEWER IMPROVEMENT PLAN BY COMMITTEE: Mr. Warren suggested that as the 5-Year Water & Sewer Improvement Plan has been tabled for one year, that the Water and Sewer Committees meet to update the Plan. Mr. Clark advised that the dates on the plan would be changed according to the one-year delay.
CEMETERY UPKEEP: Mr. Clay inquired as to how the upkeep of the Cemetery was proceeding. He was advised that the mowing and weed eating is being performed by part-time and full time Town employees.
MAYOR’S REPORT: Mayor Helms reported that the Town has conducted several New Business Openings. The Luau at the Lake was well attended and a good event. The three (3) towns were well represented at the Town/County Quarterly Meeting held on June 1, 2005. He advised that he has again been asked to serve on the Legislative Committee for the VML and urged those with issues to be brought up at these meetings to contact him.
POLICE COMMITTEE: Mr. Leaman moved that the Police Committee schedule a meeting, to include the Town Attorney, to discuss a Mutual Aid Agreement with Washington County in regards to service of papers at the Southwest Regional Jail facility. Mr. Heath seconded the motion. Council approved the same unanimously. Chief Roberts stated that he would have other agenda items for the meeting.
INTERN AT POLICE DEPARTMENT: Chief Roberts informed Town Council that Adam Bolling, due to class scheduling, requested that his internship be delayed until next year.
CHURCH & CHERRY STREETS-ACCIDENTS: Chief Roberts reported that two (2) accidents have occurred at the intersection since the new signs were erected. Both incidents involved persons who were not local.
REQUEST TO REZONE PROPERTY – 213 BROAD STREET: Joy Jones requests that her property at 215 Broad Street be rezoned from Commercial General to R-3 to permit the first floor of the building to be converted into apartments. Upon motion, duly seconded and vote of 6 AYES and 1 ABSTENTION (Warren), this item was referred to the Planning Commission.
PULASKI BLUE JAYS BALLGAME: Mr. Clark was asked to determine a date for members of Council to accept the invitation to attend a game in Pulaski.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.