COUNCIL MEETING MINUTES
Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on September 6, 2005 at 7:00 p.m.

PRESENT:  Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Mark Warren, Ken Heath (arriving late) and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; and Town Clerk/Director of Finance Dixie Sheets.  Marion Planning Commission Members:  Chairman Bob Ramsey, Alice Freeman, Brenda Bennett, 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 Dr. Gates, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, the minutes of the meeting conducted on 8/15/05 were approved as written and distributed.  Messrs Hendrick, Cregger, Clay, Leaman, Warren and Dr. Gates voted affirmatively.

VISITORS:  Mary Elizabeth Davidson, Barbie DeBord, Jimmy Warren, Charlotte Warren, Jeff Spickard, Scott Wilson, and Charles Harrington

CONSIDERATION OF AMENDMENT TO ENACT ADULT USES: The purpose of the Ordinance is to set specific boundaries upon which commercial business may establish a store which deals in adult use only materials.  Town Council received several petitions in opposition to these types of businesses.  Mr. Fenyk presented an overview of the Ordinance.  Mary Elizabeth Davidson expressed opposition to the establishment of a pornography store in Marion.  Mr. Fenyk stated that these are lawful businesses and the Town must provide areas where they may be located.  Mayor Helms noted that several petitions in opposition to allowing the businesses into Town have been received.  No other public comment was made.  There were no comments from Town Council members.  Upon motion of Mr. Hendrick, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the Ordinance was adopted.

JOINT PUBLIC HEARING TO CONSIDER REQUEST TO REZONE 211 BROAD STREET FROM CG TO R3: Mr. Hicks reported that the property owners, Warren Land Trust, intends to renovate the structure and garage to provide much needed housing.  The property is currently zoned Commercial General.  The owners request that the property be rezoned to R3 (Multi-family residence).  Chairman Ramsey opened the Public Hearing for discussion.  There was no public comment other than Jimmy Warren, one of the property owners.  Mr. Warren stated that the plan is to make significant upgrades to the property.    Upon motion of Mr. Wolfe, seconded by Mrs. Bennett and vote of 4 AYES and 0 NOES, the Planning Commission recommended approval of the rezoning request.   Mr. Wolfe, Mr. Barker, Mrs. Freeman and Mrs. Bennett voted affirmatively.  Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 5 AYES and 1 ABSTENTION (Warren) the property was rezoned to R3.  Messrs Hendrick, Cregger, Clay, Leaman, and Dr. Gates voted affirmatively.

JOINT PUBLIC HEARING TO CONSIDER REQUEST TO REZONE 121 PENDLETON STREET FROM IG TO CG:  Mr. Hicks advised that Rex Anders had met with the Planning Commission to discuss this request.  The property is currently zoned IG and the owner, Charles Anders, had requested that the property be rezoned to Commercial General.  The owner plans to divide the building into 3 (three) sections and provide 6500 square feet of Commercial business space.  Mr. Hicks stated that there is enough room on the property to provide ample parking and is located in a predominately Commercial area.  He suggested that, if approved, the following conditions be proffered:  1) That the applicant abide by all Federal and State laws along with all local ordinances in general and with the local ordinances concerning land use, noise, parking, storm water management and the commercial signage in particular.  2) That off-street parking is provided in accordance with Section 16.3 of the Zoning Ordinance.  Planning Commission Chairman Ramsey opened the Joint Public Hearing.  There was no public comment.  Mrs. Freeman asked if the property behind this parcel would continue to have ingress and egress to their property.  It was advised that there is an easement that must be maintained to provide those residents with ingress and egress.  She asked if the easement might present a problem with the parking layout.  Mr. Hicks advised that it may, however, there is ample space available for parking on the lot and that Mr. Anders plans to mark the spaces, including handicapped spaces.  He further added that all adjoining property owners have been notified.   Upon motion of Mrs. Freeman, seconded by Mr. Wolfe, and vote of 4 AYES and 0 NOES, Marion Planning Commission recommended that the request to rezone be granted.  Mrs. Freeman, Mrs. Bennett, Mr. Wolfe and Mr. Barker voted affirmatively.  Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, Council accepted the recommendation of the Planning Commission and rezoned the property to Commercial General.   Messrs Hendrick, Cregger, Clay, Leaman, Warren and Dr. Gates voted affirmatively.

APPROVAL OF EAST CHILHOWIE STREET BRIDGE PAY REQUEST NUMBER 6 -SCOTT WILSON: Pay request #6 was presented in the amount of $43,241.50.  The request included a reduction in the retainage of $10,000.  Following discussion, the Town Council decided not to reduce the retainage.  Upon motion of Mr. Cregger, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Pay Request # 6 was approved for payment in the amount of $33,241.50.  Messrs Hendrick, Cregger, Leaman, Clay, Warren, and Dr. Gates voted affirmatively.

SHERWOOD ANDERSON FESTIVAL:  Mrs. Alice Freeman presented each person with a schedule for the first Sherwood Anderson Festival.  The Festival banners are displayed on the Streets of Marion and 60 mums have been planted for the festival.

CHILHOWIE STREET BRIDGE PONDING ISSUE:  Scott Wilson addressed the "ponding" issue on the newly renovated Chilhowie Street Bridge.  The original plan was to make slits in the deck to allow the water to drain.  After further consideration, the contractor and engineers decided to install galvanized pipes with slotted caps in at least three and possibly six places in the bridge-deck.  Mr. Wilson advised that any hole less than 10" in diameter will not affect the integrity of the bridge and that the contractor will bear the cost of this portion of the project.  Mr. Fenyk requested a letter from the structural engineer that the design change (i.e. holes, pipes, & apoxy) to alleviate the drainage problem will not compromise the bridge structure or life expectancy of the bridge.  Dr. Gates moved that the Town accept the design, change as presented, contingent upon receipt of the letter as requested by the Town Attorney.  Mr. Warren seconded the motion.  Council approved the same by a vote of 5 AYES and 1 NOE (Hendrick).

NOTICE OF $144,612 AWARD FROM VIRGINIA TOBACCO COMMISSION FOR SEDIMENTATION BASIN AT THE WATER TREATMENT PLANT:  The Town has received official notification of the approval of a grant award in the amount of $144,612 from the Tobacco Commission/Southwest Economic Development Fund.


SMYTH COUNTY CHAMBER OF COMMERCE EXECUTIVE DIRECTOR INTRODUCED:  Mayor Helms introduced and welcomed Ms. Barbie DeBord as the new Chamber Director.   Ms. DeBord expressed her appreciation for  the opportunity to work with Smyth County and the Towns as the Director.  Ms. DeBord is a native of  Marion.

UPDATE ON WATER TREATMENT PLANT PROJECT-JEFF SPICKARD: Jeff Spickard reported that the Water Treatment Plant project is on schedule.  He stated that the revised plan by the Town of Marion and Health Department is under review.  No problems with approval are anticipated.  The plan is to bid the project this fall.  Approval of bid ability has been received.  However, this does not include the environmental review, which will be conducted this month.  A meeting will be scheduled to review the environmental impact report.   The renovation of the Prater Lane Pump Station was added to the project and the design is not complete.  This portion of the project may have to be bid as an addendum when the WTP is bid.  If necessary, the Prater Lane Pump Station portion may be bid separately.  The Water Treatment Plant Upgrade will not be delayed due to Prater Lane Pump Station.  Rising gasoline costs may adversely affect the cost of the project.

UPDATE ON LEE STREET PROJECT-TOWN ENGINEER:  Mr. Hicks reported that all but two (2) easements have been received on the AEP format.  AEP has set some poles.  Sprint tried, unsuccessfully, to set up a directional bore.  Mr. Hicks contacted Marine Resources and the Army Corps of Engineers to modify the permit.  One common trench line will be established.  The contractor has ordered the bridge.  As the "Bread Store" has closed the Town plans to revert to the original design of entrances.  Mr. Hicks will contact the property owner concerning this change.  He will also contact Mr. Charles Trail on his request for underground telephone line.

NOTICE OF COUNTY'S APPROVAL OF PROPORTIONAL SHARE OF CAMPBELL AVENUE PAYMENTS-TOWN MANAGER:  The Town Manager reported that he met with Smyth County Administrator E.B.J. Whitmore, III concerning the $70,000 commitment the County had made to the Campbell Avenue Sewer Project.  The Manager and Administrator decided that the Town invoice the County on a percentage basis based upon the amount of work completed.  Originally, a statement for the full $70,000 amount was submitted to the County for payment.  With 13.3% of the project complete, the Town Manager billed Smyth County $9,310 and it was approved by the Board of Supervisors. 

APPROVAL OF CHANGE ORDER NUMBER 1 ON CAMPBELL AVENUE SEWER AND UPDATE-JEFF SPICKARD, LANE ENGINEERING: Jeff Spickard of Lane Engineering reported that they recently became aware of an operations problem with the existing sewer siphon on Campbell Avenue.  The current contract did not include improvement to the siphon river crossing.  The contractor recommends changing the downstream siphon alignment at a cost of $3,150.  The increase would add one manhole, extend 12" sewer line and demolish the existing line and manhole.  He added that the project is 65% complete and well ahead of schedule.   Upon motion of Mr. Leaman, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, Change Order # 1 was approved.

REQUEST FROM MARION DOWNTOWN! ON NEXT YEAR'S CHILI CHAMPIONSHIP-COUNCILMAN HEATH:  The MDRA Board of Directors voted unanimously to request permission from the Town and VA ABC Board to allow beer and wine sales during next year's Chili Championship.  Upon motion of Mr. Clay, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, this matter was continued.

LETTER TO AMERICAN ELECTRIC POWER REQUESTING PROPERTY-COUNCILMAN HEATH:  Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, this matter was continued.

RECOMMENDATION FROM CHIEF ROBERTS ON SURPLUS LIFESAVING CREW VEHICLE: Police Chief Roberts informed Town Council that a surplus Marion Life Saving Crew vehicle has become available at a cost of $1,800.  The proposed vehicle would replace # 19 which would be removed from the Police Department fleet and would be available to another department or for sale.  Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 5 AYES and 1 NOE (Mr. Cregger) permission was granted to purchase the vehicle.

APPOINTMENT TO MARION REDEVELOPMENT AND HOUSING AUTHORITY-CHARLES HARRINGTON: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, Town Council appointed Rev. Harry Howe to the MRHA Board.  Messrs Hendrick, Clay, Warren, Cregger, Leaman, and Dr. Gates voted affirmatively.

Mr. Harrington advised that Ms. Betty Barker has served the MRHA for two consecutive terms and is not eligible for reappointment.  Her service is very much appreciated.  Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, Council appointed Don Wampler to the MRHA Board of Commissioners.  Messrs Hendrick, Clay, Warren, Cregger, Leaman, and Dr. Gates voted affirmatively.

WATER COMMITTEE-COUNTY WHOLESALE WATER CONTRACT:  Mr. Hendrick reviewed the proposed changes in the County Wholesale Water Contract:  1) Minimum and Maximum usages increased to 7,000,000 and 14,000,000 gallons, respectively; 2) Rate adjustment to $4.59; 3) termination clause; and set up fee changed to $2 for customer set up and $0.50 for each monthly bill.  Upon motion Mr. Hendrick, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, the proposed contract was approved and directed to be sent to Smyth County.   Messrs Hendrick, Clay, Cregger, Leaman, Warren and Dr. Gates voted affirmatively.

Mr. Heath arrived late.

FIRE COMMITTEE-FIRE CHARGING RESOLUTION:  Mr. Warren and Mr. Clay presented a Resolution to allow the Town to begin charging for fire station calls.  The charge would basically be a reimbursement for calls.  He noted that if the structure owner does not hold insurance coverage for this type of billing that no individuals would be billed.  The Resolution further stated that automobile calls/fires would also be charged to the insurance companies at a flat rate of $250 per incident.  The Resolution would be effective 10/1/05.   Dr. Gates moved that the Resolution be adopted and a public information meeting be scheduled.  Mr. Clay seconded the motion. A lengthy discussion ensued.  Mr. Leaman and Mr. Cregger brought up several issues.  They were concerned that not enough information has been collected concerning the authorization for the fire department to charge to fight fires or attend vehicle accidents outside the Corporate Limits.  They were also unsure of what policies carry this type of insurance on structures and/or vehicles, affect on any Mutual Aid Agreement between fire departments, and whether traffic control issues are covered.   Following the discussion Town Council defeated the motion by a vote of 3 AYES and 4 NOES (Hendrick, Leaman, Gates, Cregger). 

Mr. Cregger moved that more research be conducted on the insurance particulars with regard to structure policies, auto policies, mutual aid agreements and traffic control issues.  Mr. Leaman seconded the motion.  The motion passed by a vote of 4 AYES and 3 NOES (Clay, Warren, Heath).

WATER TREATMENT UPGRADE PROJECT:  Dr. Gates stated that it is his understanding that the County had requested a proposal from the Town as to their participation in the upgrade of the WTP.  Mr. Hendrick noted that he is Chairman of the Water Committee and has received no such request and that Town Council has voted to fund the project without the County's aid.  Mr. Clark stated that it was a verbal request.  Dr. Gates moved that the Town send a proposal to Smyth County to pay for the upgrade of the WTP in return for a reduction in water rates with no County ownership, no input in design, and no control of the plant.  Mr. Leaman seconded the motion.  Council approved the same by a vote of 5 AYES and 2 NOES  (Hendrick, Heath)

SHUCK'N CLUCK:  Mr. Heath reported that the Shuck `N Cluck at Hungry Mother State Park Beach on September 3 was a huge success.

PATRIOT'S DAY will be held on the Court House lawn on Sunday, 9/11 at 2 pm.

ADWOLFE will conduct a ceremony at 7:00 pm on 9/11 at the Adwolfe Fire Department.

FAMILY DAY for those deployed oversees will be held in Chilhowie on Sunday, September 11.

MT. DEW DAYS are quickly approaching.  Trick or Treating on Main Street will be held on October 29 from10 am to 11 am.

ARTISAN CENTER:  Mr. Heath stated that he has been working with Scott Wilson concerning a possible Artisan Center to be located at Exit 45.  The proposed project would be patterned after Tamarack located in West Virginia.  The Center would display local craftsmen and women.  Food vendors and information on the attractions of the area.  Mr. Heath requested permission to write the proposal.  There would be no cost or commitment to the Town.  Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 6 AYES and 1 ABSTENTION (Heath), permission was granted for Mr. Heath to write and submit the proposal.

DUCK RACE:  Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, arrangements for this event was referred to the Marion Police Department.  This may involve closing of Chilhowie Street from Main Street to Chatham Hill Road for the children's safety.

HURRICANE KATRINA:  Mayor Helms stated that Rev. Harry Howe, the Employment Agency, Local Red Cross and other related agencies would be meeting next Tuesday to consider relocation of some refugees from Hurricane Katrina.

LINCOLN THEATRE:  Mayor Helms informed Council that a recent article appeared in the Roanoke Times featuring the Lincoln Theatre. 

CABLE FRANCHISE:  Mr. Fenyk advised that at Town Council's request he contacted an attorney that specializes in TV Cable matters.  Cost of his/her services would be $1,800-$2,500. 

BOARD OF ZONING APPEALS APPOINTMENT:  Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Town Council recommends that W. D. Smith be reappointed to the Board of Zoning Appeals for a second term.  Messrs Hendrick, Heath, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.  Mr. Fenyk will prepare the court papers.

HOMECOMING PARADE:  Upon motion of Mr. Cregger, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, permission was granted for the Homecoming Parade to be held on September 30 at 6:00 pm.   Marion Police Department will coordinate with MSHS and Public Works Department.




Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.




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