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 4, 2007 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Mark Warren, Herbert Clay, Ken Heath, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Town Attorney Mark Fenyk; Police Lt. Rex Anders; and Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
VISITORS: Jason Atwell, Dr. Henderson Graham, Jeff Spickard, Robert Ramsey, James Kelly
MINUTES: Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 6 AYES and 0 NOES, the minutes of the meeting held 8/20/07 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Clay, Warren, and Dr. Gates voted affirmatively.
REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION AT 529 CHATHAM HILL ROAD-JASON ATWELL: Mr. Atwell requested a Special Use Permit for Home Occupation for a Small Business Consultant firm. The property is owned by Sherry and Joseph Atkins, who have given permission to Mr. Atwell to request the SUP. No one was present to speak for or against the request.
Staff recommendation is for approval as the business has no detrimental effect to the neighborhood. Mr. Atwell proffered the following conditions, if approved:
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, change in apartment 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 20.51) in the Town’s Zoning Ordinance.
6. All of the business will be confined to the interior of the home and there will be no “drive-up” business.
7. That Mr. Atwell is required to obtain a Town of Marion Business License.
Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the Request for Special Use Permit for Home Occupation was approved with proffered conditions. Messrs Hendrick, Heath, Leaman, Clay, Warren, and Dr. Gates voted affirmatively.
REPORT ON FINAL COMPLETION AND BILLING ON STALEY CREEK SEWER METER: Mr. Clark reported that the Staley Creek Sewer meter has been installed and the final cost $15,960.66. The Town staff performed all labor.
REPORT ON NON-COMPLIANT PROPERTIES: Mr. Clark reported that the Engineer’s Assistant has contacted those property owners identified in violation of the Town Code. Of those contacted, seven (7) have not complied. Mr. Clark stated that he has followed with a registered letter to those property owners and if not in compliance by 5:00 pm on September 7, 2007, these will be forwarded to the Town Attorney to file the appropriate motions to Smyth County General District Court.
POLICE DEPARTMENT ON TRANSITION OF RED BIRD TAXI CAB: Lt. Anders reported that the progress on the background check is continuing. The new owner has not found another location for his business. He has received a 30 day extension at his present location. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was continued.
RESOLUTION TO SUPPORT BRISTOL VIRGINIA UTILITIES’ EFFORTS IN BROADBAND COMMUNICATIONS: Mr. James Kelly was present, representing Bristol Virginia Utilities. Mr. Kelly advised that the company plans to install an all fiber sheath to provide businesses with telephone and internet service. They currently serve Marion schools and the Bank of Marion. He anticipates that the project would be complete by late spring 2008.
RESOLUTION OF THE TOWN OF MARION, VIRGINIA
SUPPORTING CITY OF BRISTOL,
VIRGINIA, d/b/a BRISTOL VIRGINIA UTILITIES (“BVU”) APPLICATION TO THE VIRGINIA
TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION FOR FUNDS TO
IMPROVE BROADBAND COMMUNICATIONS IN THE TOWN OF MARION, VIRGINIA
WHEREAS, the City of Bristol, doing business as Bristol Virginia Utilities (“BVU”), has leased and installed fiber optic infrastructure in the Town of Marion; and
WHEREAS, businesses, organizations, and individuals in the Town of Marion are interested in obtaining improved broadband telecommunications services, and the Town of Marion is interested in promoting open broadband networks; and
WHEREAS, in order for BVU to provide such services, additional fiber optic infrastructure, including electronics, will need to be constructed; and
WHEREAS, BVU has made application to the Virginia Tobacco Indemnification and Community Revitalization Commission (VTICRC or “Tobacco Commission”) for grant funds to develop such communications infrastructure; and
WHEREAS, the proposed fiber infrastructure project will include the provisioning of services to Marion businesses and residents; and
THEREFORE, BE IT RESOLVED, that the Council of the Town of Marion supports the application of BVU to the Tobacco Commission for funding for this project; and
BE IT FURTHER RESOLVED, that the Council of the Town of Marion requests that the Tobacco Commission funds, if received, be used in a cost efficient and fair manner by the creation of an open broadband network to promote economic development for businesses and enhance the quality of life of the citizens of the Town of Marion, Virginia.
TOWN OF MARION, VIRGINIA
SIGNED: SIGNED:
______________________________ ______________________________
David P. Helms, Mayor John E. B. Clark, Jr., Town Manager
Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 6 AYES and 0 NOES, the Resolution was adopted.
APPOINTMENT OF BOARD OF ZONING APPEALS MEMBERS: Member terms for the Board of Zoning Appeals, Bill Buchanan and Larry Carter, will expire on 9/7/07. These gentlemen have been contacted and have agreed to serve another term if nominated by Town Council to the Court. Upon motion of Mr. Clay, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, Town Council recommended Mr. Carter and Mr. Buchanan for reappointment to the Board of Zoning Appeals and directed Mr. Fenyk to prepare the order for Smyth County Circuit Court. Messrs Hendrick, Leaman, Heath, Clay, Warren, and Dr. Gates voted affirmatively.
LAND ACQUISITION FROM DEPARTMENT OF CORRECTIONS NEAR EXIT 45: Dr. Henderson Graham spoke to Town Council in support of accepting a parcel of land owned by the Department of Corrections near Exit 45 on Route 16. He stated that the donation has been approved by the Senate, House and Governor.
REPORT FROM ORDINANCE COMMITTEE ON TV CABLE FRANCHISE RENEWAL: Upon motion, duly seconded and vote of 6 AYES and 0 NOES, this item was continued.
REPORT FROM STREET COMMITTEE-ANTONIO DELAROSA-HOLSTON HILLS SUBDIVISION-DRAINAGE PROBLEM: Mr. Hendrick advised that the Street Committee met with Mr. DeLaRosa and Cameron Wolfe, architect. Mr. DeLaRosa expressed concerns with the Town’s proposal to re-direct the storm water from his construction site. Mr. DeLaRosa plans to access his property from Riverview Drive and requested relocation of the drainage to the other side of the property. Mr. Hicks reviewed the request and agreed that this route would miss the home and eliminate possible water drainage problems for other neighbors. The angle change would add 55 feet to the project with less slope and be located in the Town’s right-of-way. The Town will provide the labor and materials, in the amount of $2,687.47, to install the proposed pipe in the Town’s right of way. Mr. DeLaRosa offered to grant an easement thru his property for future use, if needed. He will also survey and have the easement prepared and presented to the Town. Several members of Town Council and the Mayor expressed concern that as the work is being done at the property owner’s request and would be performed in the right-of-way, why an easement was needed. Mr. Heath moved that the project be approved upon receipt of an easement from Mr. DeLaRosa. Mr. Clay seconded the motion. The motion was defeated by a vote of 3 AYES and 3 NOES (Gates, Leaman, Warren). The Mayor voted NOE to break the tie.
Mr. Heath moved that the project be approved, contingent upon Mr. DeLaRosa providing a document legally absolving the Town of Marion of any liability with regard to the re-located storm drain. Mr. Hendrick seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
SANITATION COMMITTEE ON SCREEN AT SEWER TREATMENT PLANT: Mr. Hicks advised that the screen at the sewer plant is in dire need of replacement. A new unit costs $56,700. The old screen can be temporarily repaired at a cost of $28,700. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, purchase of a new screen was approved. Messrs Hendrick, Heath, Leaman, Clay, Warren and Dr. Gates voted affirmatively.
FINANCE COMMITTEE ON COUNTY’S PORTION OF SEWER LOAN: Upon motion, duly seconded and vote of 6 AYES and 0 NOES, this item was continued.
REAL ESTATE COMMITTEE-HOUSE AND OLD MILL PROPERTY LOCATED ON WATER MILL ROAD: Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, this item was continued.
PERSONNEL AND FINANCE – ATTORNEY ON COUNTRY MUSIC MUSEUM, COUNCIL AND ATTORNEY HEALTH INSURANCE: Chairman of the Finance Committee, Dr. Gates stated that the Committee felt the Country Music Museum was a wonderful idea. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 5 AYES and 1 ABSTENTION (Heath), $5,000 was approved to be used toward this project. Messrs Hendrick, Leaman, Clay, Warren and Dr. Gates voted affirmatively.
INTERUPTION OF THE MEETING: The meeting was interrupted by Mr. William O’Dell Clark. He was escorted out of the building by Police Lt. Rex Anders.
POLICE COMMITTEE ON PRIVATE HANDICAP PARKING ENFORCEMENT: Dr. Gates reported that the Committee considered enforcement of Handicap Parking Areas on private property. The Police Department will contact private property owners and advise them of the property signage for enforcement. As is the Town’s policy, the Police Department will enforce the Handicap Parking Areas on private property, at the owner’s request.
STREET LIGHT COMMITTEE ON LIGHT UPGRADES AND VDOT MONEY: Mr. Warren stated that the Town upgraded ˝ of the street lights to 9,500 lumens. The remainder of the lights are scheduled to be upgraded this year. The Town had planned to use VDOT funding for this project. Recently VDOT has advised the Town that to qualify for the funds, the lights must be increased to 16,000 lumens. The funds may be available to be transferred to a qualified project. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, the Town will request a transfer of VDOT funds to the Baughman Avenue Bridge Project. The Town will provide the funds for street light upgrades. Mr. Clark advised that there will be 8-10 of the 16,000 lumen lights installed on S. Main Street. Messrs Hendrick, Leaman, Heath, Clay, Warren, and Dr. Gates voted affirmatively.
WASHINGTON AVENUE WATER PROJECT: Mr. Jeff Spickard, Lane Engineering, advised that the project encountered several unanticipated problems with this project. The Water and Finance Committee met with representatives of Lane Engineering, Smyth County, and Town Staff to discuss the Washington Avenue Water Project. He requested approval of two (2) change orders, totaling an increase of $32,140. Number 2 involved crossing Route 11. He proposes an additional 110 feet of line at a cost of $15,400, with the Town personnel performing the connection. Number 3 was the encounter of existing utilities under the interstate bridge. Re-routing the water line increased by 60 feet due to the shift alignment. This increased the cost $16,740. Scott Simpson and Mike Carter represented Smyth County at the Committee meeting. They agreed to participate in one-half ($8,370) of the increased cost incurred in extending the line under the bridge. MRPDC representative Chris Gilley was also present. The County plans to request allocation of unused funds from another project from MRPDC Water and Sewer Fund. The Town also will request unused, allocated funds from MRPDC Water and Sewer Fund to be redirected to this project. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, change orders # 2 and 3 were approved as presented. Messrs Hendrick, Leaman, Clay, Warren, Heath and Dr. Gates voted affirmatively.
UPCOMING EVENTS: Mr. Heath stated that Motown Downtown will be held on Board Street from 6 pm – 10 pm on September 8, 2007. Patriot’s Day Observance will be held on September 11 with a program at 6 pm. The Sherwood Anderson Festival will continue from September thru November.
PRESERVE AMERICA – COMMUNITIES PROGRAM: Mr. Heath informed Town Council that he would like to apply for Preserve American Community designation for the Town of Marion. He noted that there is no charge to join. Mr. Leaman added that any grant available thru this program requires a 50% match. Mr. Heath stated that he is aware of that fact but, at this time, he only plans to file an application for designation. Upon motion of Mr. Clay, seconded by Mr. Warren and vote of 5 AYES and 1 ABSTENTION (Heath), this item was continued pending more information and further research.
COMCAST CHARGES: Mr. Clay stated that he has been contacted by Darrell Eads that his statement from Comcast Cable contains charges that he has not authorized. Mr. Clay will attend to this matter.
TOWN AND COUNTY MEETING: Mayor Helms announced that the Town & County Quarterly Meeting will be held in Saltville on September 24, 2007 at 6 PM
MRPDC MEETING: Mayor Helms informed Council that the MRPDC meeting will be conducted in Abingdon on Thursday, September 6, 2007 at 6 PM. Those wishing to go as a group meet at the Municipal Building at 5:15 PM.
MT. ZION TEMPLE CHURCH SCHOOL PARTY: The Mt. Zion Temple Church School Party will be held on Sunday, September 9, 2007. A portion of Iron Street will be closed. This event has been coordinated with the Marion Police Department.
POSSIBLE DANGEROUS INTERSECTION AT PARK BOULEVARD AND NORTH MAIN STREET: Mr. Heath stated that Walgreens Pharmacy is now open and traffic from Park Boulevard merging right onto North Main Street has a Yield sign. He suggested that staff review this situation as traffic will also be turning left from Walgreens.
CONSIDERATION OF DEED FROM DEPARTMENT OF CORRECTIONS OFF EXIT 45: Mr. Clark asked the Town Attorney for an update on this property transfer. Mr. Fenyk stated that he had received a deed in March and the Town has not taken action on the same. He stated that the deed called for the Town to use the property for establishment of a Welcome Center. If the Town does not use the property for the approved Welcome Center, the property would be deeded back to the Commonwealth. A resolution must be adopted and submitted with the signed deed.
Mr. Heath stated that according to the Assistant Attorney General, their office has received information that the Town is no longer interested in this property. There seems to be miscommunication concerning this property. Mr. Heath stated that according to the Assistant Attorney General, he has received numerous e-mails from Mr. Fenyk concerning this property. He further stated that according to the Assistant Attorney General, a member of Town Council contacted their office and stated that the Town is no longer interested in securing this property. A lengthy discussion ensued. Mr. Fenyk stated that he delivered the draft deed to the Town. No one remembered receiving this deed. He stated that another original deed is being mailed from the Commonwealth. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 5 AYES and 1 NOE (Hendrick), this matter was continued.
Mr. Fenyk disputed that he has informed the Commonwealth that the Town is not interested in the property. Upon motion, duly seconded, and vote of 5 AYES and 1 NOE (Leaman), the Town Manager will advise the Commonwealth that the Town is interested in securing this property.
APPALACHIAN POWER COMPANY EASEMENT: The easement requested for the Seth Martin property on Water Mill Road was approved at a prior meeting. The Town will be granting an easement to Seth Martin contingent upon Mr. Martin agree that he, his heirs and assignees be responsible for the cost of moving the line, if necessary.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (A-6), and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, Town Council entered into Closed Session to discuss personnel. Mr. Hendrick moved that the Council return to Open Session and that it be known that only those matters identified in the motion were discussed during the Closed Session. The motion was seconded by Mr. Heath and carried by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Clay, Heath, Leaman, Warren, and Dr. Gates voted affirmatively.
STIPEND FOR MARK FENYK FROM SEPTEMBER 2007 THRU JUNE 2008: Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 5 AYES and 1 NOE (Hendrick) a stipend of $160 was granted to Mark Fenyk from September 2007 thru June 30, 2008.
ADJOURNMENT: Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.
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Mayor Clerk