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.; Town Engineer’s Assistant Todd Long; Police Sgt. R. K. Clark; Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Bill Baldwin rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr.Warren, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Heath, Warren, Clay, Cregger, Leaman, Hendrick and Dr. Gates voted affirmatively.
VISITORS: Alice Freeman, Jeff Spickard, Brian Reynolds, Bill Callan, Scott Wilson, Bill Baldwin, Neil Castrodale, Mr. & Mrs. Tibbs.
PUBLIC HEARING-REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION-808 CHINQUAPIN ROAD-BRIAN REYNOLDS: Mr. Brian Reynolds, 808 Chinquapin Road had requested a Special Use Permit for Home Occupation to establish an office in his home for the purpose of conducting a laboratory consulting business. Todd Long discussed the request. There would be no additional traffic at the residence, as the business would require Mr. Reynolds to visit the physician’s offices. Mr. Long read the staff recommendation for approval and proffered conditions by the applicant: 1) That all Town Ordinances, State and Federal laws be observed in general and that the Town regulations concerning land use, signs, storm water management and on-site parking be observed in particular. 2) That any changes in ownership of the property, residency of the applicant, or material change in the nature of the business would invalidate the special use permit. 3) That all work performed at home be confined to the interior of the residential structure. 4) That no on-site advertising be visible from adjoining property or street. 5) That the business continue to meet the definition of Home Occupation (Section 19.30) in the Town’s Zoning Ordinance. It was noted that all adjacent property owners have been notified. No one was present to object. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote 7 AYES and 0 NOES, the request for Special Use Permit was approved.
NOTICE TO PROCEED ON EAST CHILHOWIE STREET BRIDGE: The Pre-Construction Conference for the East Chilhowie Street Bridge Improvements was conducted on January 20, 2005. The Notice to Proceed was issued on January 9, 2005. The contractor on the project is Inland Construction, Inc. and Engineers are Thompson & Litton. T&L representative, Scott Wilson, informed Town Council that the project has begun with most of the deck and railings removed. He added that he would report to Town Council on a monthly basis concerning the project.
CONSIDERATION OF CHANGES TO PROPOSED LANE ENGINEERNG CONTRACT FOR WATER TREATMENT PLANT UPGRADE: Mr. Fenyk informed Town Council that the revised Agreement meets his concerns and may be accepted as amended. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the Agreement was accepted, as amended, contingent upon the approval of funding agencies, the Health Department and Mt. Rogers.
PRESENTATION OF PROPOSED E-911 AGREEMENT: A revised Joint E-911 Service Agreement was presented to Town Council for review and approval. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the agreement was approved. Later in the meeting, Mr. Fenyk produced a most recent, revised Joint E-911 Service Agreement, provided by John H. Tate, Jr., Attorney for Smyth County. Mr. Fenyk stated that he had no problem with the revisions presented. Mr. Leaman and Mr. Heath withdrew their motion as did Town Council’s approval.
Mr. Leaman moved that Town Council approve the revised Joint E-911 Service Agreement as presented by Mr. Fenyk, this date. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Cregger, Clay, Warren, Leaman and Dr. Gates voted affirmatively.
POTENTIAL PROPERTY DEVELOPMENT NEAR CAMPBELL AVENUE AND NORTH MAIN STREET: Upon motion, duly seconded and vote of 7 AYES AND 0 NOES, this item was continued.
REQUEST FOR FINANCIAL SUPPORT OF SHERWOOD ANDERSON FESTIVAL-MRS. ALICE FREEMAN: “The Sherwood Anderson Festival’is scheduled for September through December 2005 and will focus on two themes. The first will represent Sherwood Anderson, the writer and his life in Southwest Virginia. The second will showcase the American modernist movement. Festival goals are to increase an awareness of Anderson’s life in Southwest Virginia, his role as an American writer and pivotal associate of other writers and artists of the day, and finally to provide an accurate representation of the modernist movement in American art.” Mrs. Freeman stated that the Sherwood Anderson Festival is a joint venture by the Counties of Washington and Smyth and the Towns located within each county. The Festival will benefit downtown, shops, restaurants, and the entire community by bringing tourists, shoppers, visitors, and scholars into the area. The Committee felt that the Festival would demonstrate the quality of life in Smyth County as well as provide a cultural benefit to the community.
Sherwood Anderson lived in Southwest Virginia from 1927 until his death in 1941. He was editor and publisher of Marion Publishing Company. Mr. Anderson and his wife, Eleanor, are buried in Round Hill Cemetery.
Mrs. Alice Freeman presented a Calendar of Events for the Sherwood Anderson Festival. She, representing the Festival Committee, requested financial assistance from Town Council. The budget for the Festival is $11,000. The Friends of the Library had pledged $4,300. $6,700 is yet to be secured. The Committee will approach local governments, merchants, and civic groups to participate in the cost. Hopefully the Sherwood Anderson Festival would become an annual event.
Upon motion of Mr. Leaman, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, the request for funding was referred to the Finance Committee.
FIVE-YEAR PLAN RECOMMENDATIONS: Staff recommendation for Additions/ Changes on Five Year Water & Sewer Plan is as follows:
Year 2004/2005 -South Main Street Water Line from Hulldale to Washington Avenue-Estimated cost is $116,420. The project will be bid in Spring 2005. -Add Water line from Lee Street to North Main Street to Chestnut Street in conjunction with Lee Street Highway Project involving sidewalks and bridge. Replacement of 1200’ of 4” cast iron pipe with 6” pipe. Estimated cost is $52,000. -Country Club Sewer is currently under construction. Estimated cost is $83,600. Year 2005/2006 -Bump Elkton Street/East Chilhowie Street and Prater Lane Sewer to 2008/2009. Cost estimate for the project if $107,455. -Add an $85,000 loader for public works. Transfer the old loader to the STP and sell the old Sewer Treatment Plant loader -Panorama Sewer Project. Cost estimate is $105,500 Year 2006/2007 -Replace East Cherry Street Water Line from Commerce to S. Park Street with 8-inch line at an estimated cost of $66,000 (1500’ @ $40 and 2 hydrants @ $3,000) -Replace Town Street water line with 6-inch line from Commerce to Church Street at an estimated cost of $58,500 (1500’ of line @ $35/ft and 2 hydrants @ $3,000) -Cedars subdivision water line at estimated cost of $63,850 was moved up by Town Council and has been completed. -Install four industrial fire flow meters and vaults. Estimated cost with installation is $64,000 (meters - $7,500 each; vaults - $3,500 each; installation - $5,000 each) -Coach Street Sewer at $71,090 -Move South Church Street Water line from Cherry Street to Severt Street to 2009/2010. Year 2007/2008 (Last Year of original plan adopted on February 3, 2003) -Chatham Hill Water Project from Chilhowie Street to Allen Avenue. Cost estimate is $87,700 -North Street Sewer Evaluation. Cost estimate is $33,000 -Washington Avenue line Replacement under Interstate at $57,910 Year 2008/2009 -Elkton/East Chilhowie Street/Prater Lane Sewer moved to this year. Estimate cost is $107,455 -Replacement of North Street Sewer Line along cliff south of river and railroad tract at an estimated cost of $84,000 (8 manholes @ $3,000 each; line at $40 per foot) Year 2009/2010 -South Church Street water from Cherry Street to Severt Street at $l07,300 moved to this year to coincide with VDOT construction on S. Church Street
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this matter was referred to the Water and Sanitation Committees for review and recommendation.
LEE STREET CONTRACT AMENDMENT FOR MATTERN & CRAIG-TO PREPARE PROPERTY PLATS FOR NINE PARCELS: Based upon discussions between the Town and Mattern & Craig the following changes were placed for approval of the Town Council: 1) Add: Preparation of nine property plats including meets and bounds descriptions for a fee of $4,500; 2) Delete: Citizen Information Meeting with the exception of preparing a scroll, which was used at a Town Council meeting. Lump Sum Fee to prepare scroll is $825.00. The changes/deletions increases the Mattern & Craig fee to $54,525, a difference of $2,525. Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 6 AYES and 1 ABSTENTION (Heath), The Engineering Contract was amended to obtain nine (9) plats and 1 scroll. Messrs Hendrick, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.
MARION INTERMEDIATE SCHOOL-REQUEST FOR AID FOR ANNUAL SPRING TRIP: A request has been received from MIS Special Education classes for financial assistance for their annual trip to Jamestown, Williamsburg and Richmond. 35 students with mental and physical disabilities will make the trip with their teachers and chaperones. It was noted that $3,000 was budgeted for Marion Schools. The amount allocated for each school is $750. Upon motion of Dr. Gates, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, $750 was approved for Marion Intermediate School. Mr. Clark was asked to convey the message that this is the annual allotment for the MIS. Messrs Hendrick, Clay, Heath, Leaman, Cregger, Warren and Dr. Gates voted affirmatively.
THOMPSON & LITTON CONTRACT ADDITION-EAST CHILHOWIE STREET BRIDGE FOR LOAD RATING ANALYSIS: Scott Wilson informed Town Council that additional work is being required by VDOT with regard to a new Load Rating Analysis that must be prepared after completion of the project but prior to opening the bridge to traffic. Cost to complete this work is $11,122.00. Mr. Wilson added that 80% of the amount would be eligible for reimbursement from VDOT. Town Council requested that Mr. Wilson obtain confirmation from VDOT that 80% of this amount is eligible for reimbursement. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the amendment was approved. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman and Dr. Gates voted affirmatively.
HABITAT FOR HUMANITY-5K FUN RUN/WALK: Bill Baldwin and Neil Castrodale were present representing Smyth County Habitat for Humanity. They requested permission to conduct the Annual 5K Fun Run/Walk on Saturday, May 14 from 9:00-11:00. Mr. Cregger moved that the request be approved and coordinated with Police Chief Roberts and local EMS. Mr. Heath seconded the motion. Council approved the same unanimously.
HABITAT FOR HUMANITY-HOUSING: Messrs Baldwin and Castrodale asked for an update of the potential construction sites for Habitat houses on Gilman Street. Mr. Clark advised that Brian Reed has scheduled a meeting with the Housing Board. A plat has been prepared on the property and the Town is anxious to transfer the property to Habitat for Humanity. Mr. Baldwin stated that Habitat for Humanity is ready to begin. Mr. Clark advised that there might be enough property to construct two (2) homes.
CAMPBELL AVENUE SEWER: Jeff Spickard informed Town Council that all necessary documents have been submitted to Rural Development and they are awaiting approval to bid. He requested that Town Council approved the project to bid upon the same from Rural Development. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Town Council granted Mr. Spickard’s request to bid upon approval from Rural Development.
FLU SHOTS: Mr. Heath asked that the Town investigate the possibility of obtaining flu shots for those employees wishing to take them. He stated that medical personnel do not feel that the flu has affected our area yet. However, they anticipate the flu to intensify before spring.
2005 CALENDAR OF EVENTS: Mr. Heath noted that a Tentative Calendar of Events for 2005 has been published.
SMYTH CAREER AND TECHNOLOGY CENTER-REQUEST FOR FUNDING: Mr. Heath stated that the Smyth Career and Technology Center was recently awarded a NASA grant for high tech equipment. This will allow students to compete in international robotic competitions. Assistance for this program may come in the form of monetary, time or material contributions. Contact person is Cheryl Dancy. Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the request was referred to the Finance Committee.
MARION DOWNTOWN ASSESSMENT: Mr. Heath asked that Town Council members carefully review the Marketing Analysis and Parking Study performed by Thompson & Litton on Marion Downtown! A public hearing is scheduled on February 22, 2005 to consider a Community Development Block Grant for this purpose.
VML LEGISLATIVE DAY: Members of Town Council who attended the VML Legislative Day found it to be very informative.
RECREATION COMMITTEE: Dr. Gates reported that only he and Mr. Clay were in attendance. He reported that the programs are going well. However, there continues to be an ongoing problem with use of the gymnasiums.
LINCOLN THEATRE-DOC WATSON CONCERT: Dr. Gates reported that programs at the Lincoln Theatre continue to be well attended. The Doc Watson concert held on February 4 was nearly a sell-out.
REGIONAL JAIL CONCERNS: Mr. Clay reported that the Smyth County Bar Association met with Regional Jail Officials to discuss procedures when the jail opens in mid-March or April. With regard to the Town using inmates, it will be handled the same if the Town decides to continue. The Jail requests that the Town contact them prior to when they are needed. The biggest concern when the Regional Jail opens and the Smyth County Jail closes and staff is transferred, is that there will be no guards or officers at the old jail to hold those individuals in custody. Our police officers will be responsible for staying with their prisoner until picked up by Regional Jail Transport Officers or mental health. Magistrates will eventually move to the Regional Jail facility as well. Mr. Clay expressed concern about the safety of the citizens of the Town of Marion and Marion Police Officers. He added that four holding cells are needed for court cases. Currently there is nothing available in the Courthouse for holding cells. Courthouse renovations would be several years away to remedy the need for cells. Mr. Clay stated that plans are to demolish the former jail facility to use for parking. He noted that the Regional Jail would benefit Smyth County administration but not the Towns. Dr. Gates reported that the Police Committee is addressing these concerns and working with Chief Roberts.
MARCH OF DIMES WALK: Mayor Helms announced the annual March of Dimes Walk-a-Thon. He noted that this year it will be held on May 7 and will begin at Riverbend Park to the Baptist Church and back.
CHANGE OF TOWN COUNCIL MEETING: Mayor Helms announced that the next Town Council meeting would be held on February 22, 2005 at 7 p.m.
DISTRICT THREE GOVERNMENTAL COOPERATIVE AND TRANSIT: Mayor Helms reported that programs with District III and the Transit continue to grow and are a huge benefit to the citizens of the Town.
911 INFORMATION: Laptops will be installed in police vehicles. Smyth County plans to install the laptops with GIS software. It has been requested that when the Town no longer uses a laptop that it be returned to the County to be wiped clean of the software. An agreement is being drafted concerning this matter.
CDBG FUNDING IN JEOPARDY: Mr. Clark stated that President Bush is requesting a 50% decrease in CDBG funds. He requested permission to draft a letter in opposition. Council granted permission as the Town benefits from CDBG funding on many of the improvement projects.
PURSUANT TO VA. CODE SECTION 2.2-3711 (3) and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session for the purpose of discussing possible real estate acquisition. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during the Closed Session. Mr. Leaman seconded the motion. Council approved the motion unanimously. Messrs Hendrick, Clay, Cregger, Heath, Leaman, Warren and Dr. Gates voted affirmatively.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.