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/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm and Town Clerk/Director of Finance Dixie Sheets. Marion Planning Commission members Chairman Bob Ramsey, M. J. Hubble, Cameron Wolfe and James Barker.
INVOCATION/PLEDGE TO THE FLAG: Mr. Warren rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on July 5, 2005 were approved as written and distributed. Messrs Hendrick, Cregger, Clay, Heath, Leaman, Warren and Dr. Gates voted affirmatively.
VISITORS: Laura Sturgill, Jeff Spickard, Lt. Rex Anders, Sgt. Charles Bishop
INTRODUCTION OF PROMOTED EMPLOYEES: Police Chief Michael Roberts introduced Rex Anders who had been promoted to Lieutenant and Charles Bishop who had been promoted to Sergeant of the Marion Police Department.
CHILI COOK-OFF CHAMPIONS AGAIN!: Mayor Helms displayed the 2004 & 2005 Chili Cook-Off Championship trophies won by the Town Council Chili Team on July 15. The Department Head Chili Team was runner-up in the competition.
JOINT PUBLIC HEARING – REQUEST TO REZONE 215 BROAD STREET FROM COMMERCIAL GENERAL TO R-3-JOY JONES: The property owner, Joy Jones, had requested that the property at 215 Broad Street be rezoned from Commercial General to R-3. Most recently the property was used as 2 upstairs apartments and a professional office downstairs. Due to lack of parking, this property is not conducive to commercial businesses. A potential buyer would convert the downstairs area into two (2) apartments. No one was present to object to the rezoning request. There are eight (8) parking spaces, which would be ample for the apartment building.
Chairman Bob Ramsey of the Marion Planning Commission opened the Public Hearing. He introduced the newly appointed Commission member James Barker. Mr. Barker is a resident of 605 Look Avenue and is an employee of the U. S. Forestry Service. There was no public comment for or against the request. Upon motion of Mr. Hubble, seconded by Mr. Wolfe and vote of 4 AYES and 0 NOES, Marion Planning Commission recommended approval of the rezoning request.
Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 5 AYES and 2 ABSTENTIONS (Heath, Warren), the request to rezone property at 215 Broad Street was approved.
VIRGINIA TOBACCO COMMISSION GRANT AWARD OF $144,612 FOR WATER TREATMENT PLANT: The Town of Marion has been notified of the Committee recommendation of a $144,612 grant award to be used for the Water Treatment Plant System Improvement Project. The recommendation will be reviewed before the full Commission later this month and approval is expected.
VIRGINIA DEPARTMENT OF HEALTH GRANT AWARD OF $49,500 FOR LEE STREET WATER LINE: The Department of Health Office of Drinking Water has awarded a grant to the Town of Marion in the amount of $49,500 for the Lee Street Project. Mr. Clark advised that two firms responded to the advertisement for the engineering contract for the project. Mr. Clark, Mr. Hicks and the Water Committee will interview both firms.
WATER PURCHASE AGREEMENT WITH SMYTH COUNTY: The current agreement with the Town of Marion expires 6/30/2006 with a one (1) 3-year renewal term. Smyth County has requested an amendment to the Town of Marion Water Purchase Agreement to bring the term to exceed 40 years (14 three year renewal terms). Following discussion and upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this matter was referred to the Water Committee for further discussion and recommendation.
APPROVAL OF PAY REQUEST NUMBER 5 FOR EAST CHILHOWIE STREET BRIDGE: Pay request # 5 for the East Chilhowie Street Bridge Project was presented in the amount of $74,867.60. Upon motion of Dr. Gates, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, payment was deferred pending discussion with Scott Wilson, Project Engineer with Thompson and Litton.
APPOINTMENTS TO VARIOUS TOWN COMMISSIONS/BOARDS: The following appointments will expire in September 2005: 1) Board of Zoning Appeals – W. D. Smith. Mr. Smith is eligible for reappointment. 2) Marion Redevelopment and Housing Authority- Betty Barker and Harry Howe. Mrs. Barker has served two (2) complete terms and is not eligible for reappointment and Mr. Howe is eligible for reappointment. Town Council was asked to consider these matters.
SITUATION ON TOWN SIGN AT EXIT 45: Mr. Hicks reminded Town Council that the owner of the property has offered to allow the Town to erect a sign on the South side of I-81. He and Mr. Heath have visited the site and recommend a 20-foot high and 40-foot wide sign. Cost estimates are being secured. Additional information will follow at a later date.
ACCOUNTS: Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, $317,223.07 was approved for payment as presented. Messrs Hendrick, Cregger, Leaman, Clay, Heath, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Hendrick, Cregger, Leaman, Heath, Warren, Clay and Dr. Gates voted affirmatively.
SET DATE OF JULY 28 FOR RIBBON CUTTING ON EAST CHILHOWIE STREET BRIDGE: July 28, 2005 was set for the ribbon cutting and re-opening of the East Chilhowie Street Bridge.
BASEBALL GAME IN PULASKI ON AUGUST 8: Members of Town Council have been invited to be guests of the Town of Pulaski at the Blue Jays game on August 8.
REQUEST TO REZONE 121 PENDLETON STREET FROM INDUSTRIAL TO COMMERCIAL GENERAL-CHARLES ANDERS: Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), this request was referred to the Marion Planning Commission for study and recommendation.
DRUG TESTING POLICY: Mr. Clark advised that, by law, 50% of all CDL drivers (total of 20 employees) must be randomly tested for drugs and 10% of all CDL drivers must be randomly tested for alcohol. Mr. Clark recommended that, in the interest of fairness, 10% of the balance of Town of Marion full-time employees be randomly tested for drug and alcohol. A lengthy discussion ensued. Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 3 AYES (Hendrick, Clay and Warren), 3 NOES (Leaman, Cregger and Gates), 1 ABSTENTION (Heath), to accept Mr. Clark’s recommendation to randomly test 10% of the balance of full- time employees for drugs and alcohol. Mayor Helms broke the tie by a vote of AYE to accept Mr. Clark’s recommendation. Mr. Fenyk advised that an addendum to the Personnel Policy will be drafted and all full-time employees will sign an affidavit that they received a copy of the addendum. Mr. Fenyk was asked to draft the addendum.
FINANCE COMMITTEE-COMMITMENT OF $5,500 FOR POLICE DEPARTMENT GENERATOR-HOMELAND SECURITY GRANT: Dr. Gates reported that the Finance Committee suggested that Chief Roberts fund a portion of this cost from his approved budget. It was also discussed that additional funding may be secured from Smyth County. Dr. Gates moved that the Town allot $5,500 toward the purchase of a generator for the Marion Police Department. Homeland Security Grants of $20,000 and $5,000 will also be used toward this purchase. Mr. Leaman seconded the motion. Town Council approved the same unanimously. Messrs Hendrick, Leaman, Cregger, Warren, Clay, Heath and Dr. Gates voted affirmatively.
CABLE TV COMMITTEE-TIME WARNER/COMCAST TRANSACTION: This item was continued.
ORDINANCE COMMITTEE-ADULT ENTERTAINMENT: Mr. Fenyk presented an Ordinance Proposing to Enact Adult Uses. Discussion ensued. Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the proposed Ordinance was referred to the Ordinance Committee for additional review and recommendations.
STREET COMMITTEE ON WEIGHT LIMIT ON EAST CHILHOWIE STREET BRIDGE: Mr. Hendrick reported that the Street Committee recommends and he moved that the load limit on the East Chilhowie Street Bridge be set at 12 tons. The motion was duly seconded and carried unanimously. Messrs Hendrick, Clay, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively. (The weight limit rate determined by the engineers is 29 tons.)
FIRE COMMITTEE-RESOLUTION OF BILLING OF INSURANCE COMPANIES FOR FIRE CALLS: Mr. Warren, Mr. Fenyk and Mr. Clark presented a proposed Resolution to allow the Town to submit claims to insurance companies for fire calls. Mr. Fenyk recommended that the Town regulate this matter by Ordinance and therefore conduct a public hearing. A Resolution would not require a public hearing. Mr. Clay expressed concern that the public be properly advised of the Town’s intention to submit these claims. Mr. Warren moved that the procedure be approved by Resolution and that the appropriate State Code Section be added. The motion died for lack of a second.
Dr. Gates moved that Council conduct a public hearing to receive input on the Resolution to file claims under the Fire and Casualty section of property owners insurance. Mr. Clay seconded the motion. This motion was later withdrawn.
Mr. Heath moved that the matter be referred back to the Committee for review and recommendation. Mr. Clay seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.
DOWNTOWN DAYS were very successful. They included the Annual Chili Cook-Off, Street Dance, music, Gospel singing, crafts and food vendors
SHUCK & CLUCK will be held on Labor Day Weekend at Hungry Mother State Park.
PATRIOT’S DAY is scheduled on September 11.
CHILHOWIE STREET BRIDGE: Mr. Hendrick advised that water is standing on the new deck of the Chilhowie Street Bridge. Mr. Hicks stated that he has discussed this with the contractor. The water is supposed to drain into a collection box that has been installed. Mr. Hicks was instructed to contact Thompson & Litton concerning this problem and that it must be corrected prior to signing off on the project.
MASTER MUNICIPAL CLERK DESIGNATION FOR DIXIE O. SHEETS: Mayor Helms stated that notification has been received from the International Institute of Municipal Clerks that Dixie O. Sheets has earned designation as a Master Municipal Clerk. The designation is based upon completion of numerous academy and university-based programs, advanced seminars and workshops, demonstration of knowledge, abilities and professional accomplishments, and community service. In receiving the MMC, Ms. Sheets in one of only 380 active IIMC members throughout the world to have achieved this level. Only 16 such designations have been achieved in Virginia.
LINCOLN THEATRE: Blue Ridge Public Television will be taping a program at the Lincoln Theatre on July 22 and July 23. It was also noted that the last two (2) murals have been restored.
SOUTHWEST VIRGINIA 4-H EDUCATIONAL CENTER: 13 western counties in Virginia own the 4-H Center, located in Washington County. The Center is in need of renovations, repairs and expansion. The 4-H board of Directors is conducting a 1.5 million dollar fund raising campaign and has requested donations of up to $1,000 from localities, businesses, and individuals. Mayor Helms referred this request to the Finance Committee.
CAMPBELL AVENUE SEWER PROJECT CONTRIBUTION FROM SMYTH COUNTY: Mr. Fenyk advised that the Smyth County Board of Supervisors has stated that they were unaware that the $70,000 commitment on the project would be expected in one lump sum. The Board wishes to pay this amount in smaller payments. He added that there is no contractual agreement that the County would pay anything on this project. Mr. Leaman noted that the Board approved $70,000 in the FY 2004-2005 Budget for this purchase.
COUNTY SEWER METER INSTALLATION: Mr. Fenyk advised that the County has not provided reading from the new meter to the Town as agreed upon. This is due, in part, to a change in personnel. He added that initially the county has purchased a sewer meter and installed it. The meter did not function properly and had to be returned. The manufacturer has not reimbursed them. The Town had the same problem and has not been reimbursed for the returned meter. Mr. Fenyk and the County Attorney will write to the manufacturer concerning this matter.
UPGRADE OF PRATER LANE PUMP STATION: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, This matter was referred to the Water Committee.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.