PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Mark Warren, Ken Heath 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 O. Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on 9/19/05 were approved as written and distributed. Messers Hendrick, Cregger, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: Jeff Spickard
PUBLIC HEARING AND SPECIAL CALLED TOWN COUNCIL MEETING WILL BE CONDUCTED ON OCTOBER 12, 2005 AT 5:00 PM TO CONSIDER THE PROPOSED ASSIGNMENT OF CABLE FRANCHISE TO TIME WARNER CABLE, INC.: A Public Hearing has been scheduled on October 12, 2005 at 5:00 p.m. to receive public comment and consideration of the proposed assignment of Cable Franchise to Time Warner Cable, Inc. Mr. Fenyk noted that Time Warner has agreed to reimburse the Town up to $4,500 for the services of a franchise attorney during this process.
FUEL REDUCTION MEMO FROM TOWN MANAGER: Due to the increase in the cost of gasoline and diesel fuel, Mr. Clark requested that all departments set a goal of saving seven percent (7%) on their quarterly fuel consumption.
APPOINTMENT-BOARD OF ZONING APPEALS-W. D. SMITH: Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Town Council voted unanimously to recommend to Smyth County Circuit Court that W. D. Smith be re-appointed to serve on the Board of Zoning Appeals. Messrs Hendrick, Cregger, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively. Mr. Fenyk was asked to prepare the order.
ARCHITECTURAL REVIEW BOARD-KEN HEATH: Mr. Heath advised that a formal committee has been formed consisting of property owners, architects, and other related individuals to draft a set of guidelines to encourage that renovations or structures are relative to the integrity of the community. Proposed renovation plans would be reviewed by the Architectural Review Board and a Certificate of Appropriateness would be issued. Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION (Heath), the proposed guidelines were referred to the Marion Planning Commission for review.
TOWN/COUNTY QUARTERLY MEETING HOSTED BY TOWN OF SALTVILLE: The Town of Saltville will be hosting the third quarter Town and County Dinner Meeting. The event will be held at the W. A. Stuart House on Thursday, October 6, 2005 at 6:30 p.m.
RESOLUTION FOR DISABILITY AWARENESS MONTH: Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, the following Resolution was adopted unanimously:
RESOLUTION
DISABILITY EMPLOYMENT AWARENESS MONTH
WHEREAS, today’s businesses continue to face a growing shortage of qualified and reliable works;
WHEREAS, people with disabilities represent an employable workforce that offers diverse skills, talents, and viewpoints; and
WHEREAS, Disability Employment Awareness Month provides the citizens of the Town of Marion with the opportunity to recognize the value that people with disabilities bring to our workforce; and
WHEREAS, it is important to commend Town of Marion employers who have demonstrated a commitment to hiring and supporting people with disabilities; and
WHEREAS, the theme of this year’s National Disability Employment Awareness Month, “Workers with Disabilities: Ready for Tomorrow’s Jobs Today” serves as an important reminder that people with disabilities are a vital part of the Town of Marion’s workforce as well as its potential economic success in the future; and
WHEREAS, workforce leaders, employers, and vocational partners have planned events and programs across the Commonwealth to increase public awareness about the advantages of hiring persons with disabilities as well as the major contributions that people with disabilities make to our economy as capable employees and valued customers;
NOW, THEREFORE, I, David P. Helms, do hereby recognize October 2005, as DISABILITY EMPLOYMENT AWARENESS MONTH in the TOWN OF MARION, VIRGINIA, and I call this observance to the attention of all our citizens.
FORMER MARION LIFESAVING CREW BUILDING DEMOLITION – PERMISSION TO PROCEED: Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, permission was granted to proceed with the demolition of the former Marion Lifesaving Crew Building located on Park Street, including proper preparation for the parking area. Messrs Hendrick, Cregger, Warren, Leaman, Heath, Clay and Dr. Gates voted affirmatively.
PROPOSED COMPREHENSIVE PLAN-NOTICE OF PUBLIC VIEWING AND PUBLIC HEARING: Mr. Hicks advised that a Public Information Meeting has been scheduled on November 14, 2005 at 5:30 p.m. The Public Hearing is recommended to be conducted on November 21, 2005 at 7:00 p.m. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, these meetings were scheduled.
HVAC UNITS-REQUEST PERMISSION TO ADVERTISE FOR QUOTATIONS ON MAINTENANCE OF TOWN’S UNITS: The Town is requesting sealed bid proposals for the purpose of contracting a semi-annual maintenance contract on approximately sixteen (16) HVAC Units located in various town owned buildings. Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, permission to bid for quotations on maintenance of Town of Marion HVAC Units was granted. Mr. Leaman encouraged the staff to prepare a routine maintenance schedule on all buildings for general maintenance.
HOUSING STUDY-REQUEST PERMISSION TO ADVERTISE FOR PROPOSALS: The Town of Marion, in partnership with local businesses and industries, is seeking proposals to conduct a Housing Market Study for the Town of Marion and surrounding area. Town staff requested permission to advertise for these proposals. He added that the cost would be paid for by members of the consortium. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the request to advertise for proposals for an area Housing Study was approved. Messrs Hendrick, Heath, Cregger, Leaman, Clay, Warren and Dr. Gates voted affirmatively.
SALE OF SURPLUS ITEMS-APPROVAL FROM TOWN COUNCIL: The Town Manager was asked to review the list and use his discretion with regard to the side spreader and a Sewage Treatment Plant vehicle. Mr. Heath moved that the auction be scheduled at the auctioneer’s convenience. Mr. Clay seconded the motion. Council approved the same unanimously.
CEMETERY COMMITTEE ON SHEFFEY/PETERS CEMETERY: Mr. Fenyk reported that upon review of some of the records with regard to the Sheffey Cemetery, he has discovered that there is a twenty-five foot wide street serving the Cemetery. Additionally, a fifteen foot wide alley comes off the twenty-five foot street to serve a residence on Lot 5 . Mr. Heath moved that the Town maintain the Cemetery by mowing and clearing brush and that the property owners retain the responsibility for fences and maintenance of grave stones. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Leaman, Cregger).
TV CABLE COMMITTEE ON FRANCHISE TRANSACTION: A public hearing and Special Called Council Meeting will be conducted at 5:00 p.m. on October 12, 2005 to receive public input and consideration of this transaction.
CAMPBELL AVENUE SEWER LINE: Jeff Spickard reported that Teaters Construction has requested substantial completion be issued.
WATER TREATMENT PLANT: Jeff Spickard reported that approval of the proposed Water Treatment Plant Upgrade plan has been received from the Health Department. He noted that design for Prater Lane Pump Station is in process.
BUILDINGS AND GROUNDS ON FORMER POLICE DEPARTMENT BUILDING LOCATED AT 144 W. MAIN STREET: Currently, the Appalachian Spirit Gallery, in conjunction with the Sherwood Anderson Festival, is using the building. They have painted and cleaned the building, which has been unoccupied. The group is paying no rent. Other community groups, such as the Royal Oak Players, have expressed an interest in use of the facility. Mr. Cregger stated that a set of rules and regulations, including payment of utilities and liability insurance issues, should be determined. $10,000 has been budgeted to replace the roof of the structure. Mr. Hendrick noted that there are several leaks in the building. A meeting of the Building and Grounds Committee will be scheduled to review this item. Mr. Fenyk and Mr. Heath will be included in this meeting.
SANITATION COMMITTEE ON CHANGING GARBAGE ROUTE IN LINCOLN HILL AREA: Mr. Clark stated the staff has proposed a change in the garbage route. The proposal is to divide the Friday garbage pickup between the Wednesday and Monday routes. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the change was approved.
FIRE DEPARTMENT: Mr. Heath informed Town Council that there is a leak in the washroom at the Fire Department.
TAX ABATEMENT PROPOSAL: Mr. Heath requested that a letter be sent to Smyth County with regard to the Tax Abatement Proposal.
ABINGDON TOWN MANAGER HOSPITALIZED: Mr. Heath advised that Abingdon Town Manager Mickey Newman has been hospitalized and a temporary Town Manager has been appointed.
WATER PROBLEMS IN BIG STONE GAP: Mr. Heath asked that the Town determine if there is anything the Town of Marion can do to assist Town Manager George Polly with their water problems
SMYTH COUNTY WATER PURCHASE AGREEMENT: Mr. Hendrick noted that Smyth County has opposed the minimum change for water, included in the Water Purchase Agreement, in the amount of 7 million gallons per month. It has been determined that the average County usage is 4 million gallons per month. This adjustment will be made to the proposed agreement. Mr. Heath noted that the Town has not received a revised proposed contract from the County, as requested.
REQUEST TO REZONE-110 BRUNSWICK LANE-ED POE: A request to rezone the property at 110 Brunswick Lane from Industrial to Commercial General. The request would allow for a retail business be conducted at this address. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Planning Commission for study and recommendation.
RESOLUTION – CLEAN UP DAY: Mayor Helms read the Resolution. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the Resolution to declare October 15, 2005 as Clean-up Day was adopted.
ROYAL OAK PLAYERS: Mayor Helms asked Mr. Heath to work with the Royal Oak Players to find a location to conduct their meetings, store their equipment/costumes and conduct practices.
PARITY ISSUE: Mr. Fenyk advised that he has discussed the parity report with the Town’s Bond Counsel, Webster Day. Mr. Day has advised that the report will be forthcoming.
WATER TREATMENT PLANT PROJECT BOND COUNSEL: F. B. Webster Day of Melchionna, Terry, Day, Ammar & Black have submitted a proposal of $8,000 for services of bond counsel to the Town with regard to the issuance of a bond in the amount of approximately $1.7 million for the Water Treatment Plant Upgrade Project. This item was continued.
POLICE-SGT. CHARLES BISHOP’S UNIT ACTIVATED: Chief Michael Roberts reported that Sgt. Charles Bishop’s reserve unit has been activated for 30 days to assist with recovery following the Hurricane damage in the Gulf Coast. His orders are thru November 2 but may be extended.
HALLOWEEN: Chief Roberts stated that Halloween will be observed in the Town of Marion on Monday, October 31, 2005.
TRICK OR TREAT DOWNTOWN AND THE MT. DEW DAYS FESTIVAL: The Downtown Halloween visitation and Mt. Dew Days Festival and Parade and Band Festival will be conducted on October 29. Main Street will be closed from 9:30 am to Noon for the festivities.
ADULT ENTERTAINMENT/BOOKSTORE ORDINANCE: Council requested that the staff schedule a meeting with Rev. Mike Sage to discuss the purpose and clear up any misconceptions of the Ordinance recently passed by Marion Town Council and Smyth County.
ADJOURNMENT: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.