PRESENT: Mayor David Helms; Eugene Hendrick, Mel Leaman, Ken Heath, Herbert Clay, Mark Warren, Dr. James Gates and Mrs. Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; and Town Clerk/Director of Finance Dixie O. Sheets.
VISITORS: Police Officer L. A. “Alex” Cox, Jeff Spickard, Laura Campbell, Dave Fields, Margaret F. Minton, Dan Kegley
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Officer Cox led the Pledge to the Flag.
MINTUES: Upon motion of Mr. Clay, seconded by Mr. Hendrick, and vote of 5 AYES and 2 ABSTENTIONS (Heath, Jennings), the minutes of the meeting held 9/18/06 were approved as written and distributed. Messrs Hendrick, Leaman, Clay, Warren, and Dr. Gates voted affirmatively.
SPECIAL USE PERMIT FOR 504 ½ PARK BOULEVARD: It was noted that the property owner is Mrs. Reba Lefler. Mr. Jonathan B. Freeman is her tenant and she has given her permission that he be allowed to operate an office in his home for a catalog business. Staff recommendation is for approval because this is a perfect example for a home occupation which has no detrimental effect to the neighborhood. If approved the staff recommends the following conditions be proffered:
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 continues to meet the definition of Home Occupation (Section 19.30) in the Town’s Zoning Ordinance.
6) That Mr. Freeman be required to obtain a Town of Marion Business License
During the Public Hearing there was no public comment. Mrs. Margaret Minton spoke on behalf of her son, Jonathan B. Freeman, concerning the request. Mr. Minton has agreed to the conditions. Upon motion of Mr. Leaman, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the request for Special Use Permit was granted. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
NOTICE OF BIDS ON ROOF AT SENIOR CITIZEN’S CENTER: Per directions of Marion Town Council, the following Options were bid for replacement/repair of the roof at the Senior Citizen’s Center:
Option 1- Remove and replace entire shingled roof per specifications;
Option 2- Remove existing shingle roof and replace with metal roof per specifications;
Option 3-Remove and replace shingles and sheeting just on the north side of the roof per specifications. Approximate size is 40’x80’.
The Town will receive bids until October 6, 2006 at 10 a.m.
APPROVAL OF PPE #6 AND UPDATE ON WATER TREATMENT PLANT CONSTRUCTION: The request for payment of Requisition #6 was submitted for approval in the amount of $41,233.34. Lane Engineer representative, Jeff Spickard presented a progress report on the project and stated that the project is 49.5% complete. He noted that a fuel tank has been removed on the site and DEQ will investigate possible leakage from the tank that showed up on previous soil samples. Upon motion of Mr. Clay, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the request was approved for payment. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
FALL PAVING UPDATE: Mr. Hicks reported that the contract for Fall Paving has been signed with W-L Construction and Paving in the amount of $99,760. The Contractor shall complete the project on or before October 20, 2006 and will include Lee Street.
BID RESULTS ON BACKHOE: It was reported that three (3) bids were received on the backhoe. Lawrence Equipment/Cloverdale, VA- $56,781; Contractor’s Machinery Tri-Cities, Inc./Johnson City, TN; $ 58,600; and Nortrax, Inc/Kingsport, TN - $63,767. The apparent low-bidder was Lawrence Equipment Co. from Cloverdale, VA; however, Lawrence Equipment Company withdrew their bid. The next lowest bidder was Contractor’s Machinery Tri-Cities, Inc. Upon motion of Dr. Gates, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the remaining bids were referred to the Equipment Committee for review and report. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
REZONING REQUEST ON PROPERTY NORTH OF WENDY’S – DON JONES: This item had been referred to the Marion Planning Commission Meeting to be held on 10/9/06 for study and recommendation.
REQUEST TO PURCHASE PROPERTY- MR. AND MRS. DONALD SMITH- LAND ON ANDERSON AVENUE: Donald and Hope Smith, 707 Anderson Avenue notified the Town of an interest in purchasing lot # 168-53-17 located at the rear of their property on Anderson Avenue. Upon motion of Mr. Leaman, seconded by Mrs. Jennings, this request was referred to the Real Estate Committee for study and report.
TOWN TO INVOICE SEWER FOR CEDARS SUB-DIVISION FOR SMYTH COUNTY CUSTOMERS: The Town has been notified by Smyth County Engineering Department to begin billing those customers in the Cedars Community, who are Town of Marion Water Customers, for their sewer usage. There are 56 new customers. The Town will begin these billings with the October 2006 readings.
MT.ROGERS GRANT SUBMITTAL FOR BULK STORAGE UNIT AND WASHINGTON AVENUE WATER: Mr. Clark reported that two projects have been submitted for grant funding. One is a bulk storage facility at the Water Treatment Plant. The other is the upgrade of the Washington Avenue Water Line. Mr. Clark noted that the Town has established a five-year plan for needed improvements. These needs are assessed in detail and ready for budget and grant funding. The Town is committed to achieving completion of the projects identified in the 5-Year Plan. The Plan is being updated as needs arise.
RESOLUTION-SET A RATE FOR PPTRA: The Commonwealth of Virginia has issued new criteria concerning the PPTRA (Governor Gilmore’s Personal Property Tax Reduction Program). Localities must now set the reduction rate of the adjustment. This is based upon the amount assessed, amount received previously by the locality from the Commonwealth and amount billed by the locality. Upon motion of Dr. Gates, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the following Resolution was adopted.
TO AMEND THE PERSONAL PROPERTY TAX RELIEF ACT AMOUNT FROM SEVENTY PER CENTUM (70%) TO SIXTY-FIVE PER CENTUM (65%)
WHEREAS, the Personal Property Tax Relief Act as authorized by the Code of Virginia Section 58.1-3523 et. seq. provides relief on personal property taxes;
WHEREAS, all requirements must be met to qualify for tax relief;
WHEREAS, the tax on the first $20,000 of the assessed value of a qualified vehicle will be reduced this year from 70% and for vehicles valued at $1,000 or less, the obligation to pay this tax has been eliminated.
NOT THEREFORE BE IT RESOLVED, that the Tax on the first $20,000 of value on a personal car, motorcycle and pickup or panel truck under 7501 pounds, which is a qualifying vehicle, be reduced to 65%.
BE IT FURTHER RESOLVED, that if a taxpayer fails to make the payment described by the due date or fails to comply with the filing requirements for qualifying vehicles, the Director of Finance may take into consideration the full amount of the tangible personal property tax levied.
RESOLVED, this 2nd Day of October, 2006.
OFFICER ALEX COX: Police Officer Alex Cox advised Town Council of his tendered resignation. Officer Cox expressed his appreciation for the opportunity to be employed by the Town of Marion and to be a member of the Marion Police Department. Officer Cox has accepted a position with an Insurance Company in Michigan. Town Council Members thanked Officer Cox for his service and extended best wishes on his new endeavor.
STREET COMMITTEE ON WEST TOWN STREET DRAINAGE: Mr. Hendrick reported that the Town Crew has been working on this problem. They have opened the ditch line and determined that an undersized pipe is carrying the storm water. Mr. Hicks stated that the Town plans to extend the larger pipe on the property to the catch basin. This should alleviate the problem.
ORDINANCE COMMITTEE ON DEPARTMENT OF CORRECTIONS WATER TANK: Mr. Clay reported that Committee discussed the issuance of an Ordinance to transfer ownership from the Town to the State as requested by the Attorney General’s Office. Mr. Clay noted that the agreement between the State and Town was that if the Town no longer used the tank, ownership of the property, upon which the Tank sits, would revert to the State. Even with the passage of the Ordinance, there is no guarantee that the state will accept it. The Committee recommended that the Town Engineer find someone who would remove the storage tank for the metal and secure the site rather than prepare an Ordinance that would be used only for this one matter.
Dr. Gates expressed concern about liability during the removal of the tank. He added that there may be lead-based paint on the tank which poses another problem. Mr. Warren moved that the Town pass an Ordinance concerning the Water Tank located on the Department of Corrections grounds which must state that the Town has followed all federal, state, and local rules and regulations with regard to the Water Tank and offered it back to the Commonwealth per their agreement. The motion was duly seconded and passed by a vote of 4 AYES and 3 NOES (Clay, Leaman, Hendrick).
NOTICE OF RESIGNATION: Chief Roberts announced the resignation of Police Officer Alex Cox (effective October 11, 2006) and Administrative Assistant Michelle Eagle (effective October 13, 2006). Chief Roberts asked for permission to begin the hiring process. Council granted permission to begin the process to hire replacements.
MOVIE TO BE FILMED AT HUNGRY MOTHER STATE PARK: Mr. Heath advised that a regional movie company will be filming at Hungry Mother State Park in the near future. The movie is called Grisley Park.
CALENDAR OF EVENTS:
| Octoberfest | October 12-15 |
| Halloween Madness | October 28 |
| Christmas Parade | November 19 |
RAILROAD CROSSING TO BE CLOSED: Mr. Heath stated that the Railroad Crossing on North Main Street at the intersection of Holston Street will be closed the weekend of October 27th for repairs. This closure should be widely publicized.
T-21 GRANT FUNDING: Mr. Heath advised that the Town plans to apply for grant funding to complete the Streetscape on Main Street, extend streetscape to Broad Street and North Iron Street (alley).
STREET SWEEPER REQUEST: Mrs. Jennings stated that she has received several requests for the street sweeper in Atkins Woodland area. She also reported calls concerning the Lee Street Project. Mr. Clark will address these matters.
ROTARY CLUB ANNUAL WINE TASTING EVENT: Mr. Clay invited those present to the Annual Marion Morning Rotary Club Wine Tasting event to be held on October 27 from 7 pm until 9 pm at the General Francis Marion Hotel.
MSHS CLASS OF 1966: Mayor Helms reported that he attended this event and received many positive comments regarding Downtown, the Theatre, the Hotel, the History Walk and other improvements to the Town.
PARKING LOT LOCATED ON COURT STREET: Mayor Helms stated that there is a parking area on Court Street behind the Transitions facility that, if cleaned up and milling material distributed, would be an excellent location for parking for those individuals working in the downtown area. Mr. Hicks noted that it would not be a large project and the Town crews will be able to complete this project quickly.
HABITAT FOR HUMANITY: Town Attorney Mark Fenyk informed Town Council that a deed has been prepared and recorded on the property located on Chilhowie Street conveying it to the Buck Family. The Deed of Trust has also been recorded.
The Habitat for Humanity is also working on another home in the area. They are moving along with this project. Mayor Helms reminded Town staff that curb cuts are a part of the Town’s “in-kind” contribution to the project.
MSHS HOMECOMING PARADE: Chief Roberts stated that arrangements have been made for the annual MSHS Homecoming Parade on October 13. Upon motion of Mr. Warren, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, Town Council granted permission for the street to be closed during the annual Homecoming Parade.
HALLOWEEN MADNESS: The annual Halloween Madness on Main Street – Downtown will be held on October 28. Youngsters will visit the stores on Main Street and will receive treats from the merchants. It was requested that the street be closed from 10:30 until 1 pm for the safety of the children. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Heath), the request was granted.
CHANGE OF TOWN COUNCIL MEETING: Mayor Helms stated that the next regularly scheduled meeting will be a date that conflicts with the Annual VML Conference which will be attended by most of the Town Council. The Mayor ordered that the meeting be rescheduled to Thursday, October 19, 2006.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (a3) and upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session for the purpose of acquiring real estate for public purposes. Mr. Hendrick moved that Council return to Open Session and that it is 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 and Council approved the same unanimously. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
BOUNDARY ADJUSTMENT: Mr. Heath moved that the Town Uplift Committee discuss the possibility of a Boundary Adjustment to the Town of Marion. Mr. Clay seconded the motion. Council approved the motion by a vote of 6 AYES and 1 NOE (Mr. Warren). Messer Hendrick, Heath, Clay, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively. Mr. Warren felt that another Committee might be more appropriate.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned,