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 December 17, 2007 at 7:00 am.

 

PRESENT:  Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Ken Heath, Mark Warren, Herbert Clay, Dr. James Gates and Mrs. Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Assistant Town Manager/Town Engineer Cecil Hicks; Purchasing Agent B. J. Hamm; Town Clerk/Director of Finance Dixie O. Sheets.

 

INVOCATION:  Pastor Donna Hester rendered the invocation.  Mayor Helms led the Pledge to the Flag.

 

VISITORS:  Joyce Blevins Johnson, Martha Hoots, Joanne Styron, John Styron, Erwin Rowland, Jeff Spickard, Jake Hash, Gena Hall, Wilma Hall, Rhonda Snider, Susie Ellis, David Tuggle, Teresa Tuggle, Senah Snider, Ron Snider, Larry Carter, Debra Carter, Todd Necessary, Barbara Brown, Linda Dean, Genie Sneed Miller, Becky Lester, Michael Hester, Brenda Waddell, Beck K. Sullins, Rachel Kinder-Liberto, Emma Mendez, David Graft, Susan Graft

 

MINUTES:  :  Upon motion of Mrs. Jennings, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes of the meeting held on December 3, 2007 were approved as written and distributed.  Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

 

CONSIDER AMENDMENTS/CHANGES TO THE CODE OF ORDINANCES, SECTION 14-56, TO SET A LIMIT OF THE NUMBER OF DOGS AND CATS THAT MAY BE KEPT OR ALLOWED TO REMAIN ON OR ABOUT PREMISES ON ANY PARCEL OF REAL PROPERTY ZONED FOR RESIDENTIAL USE OR USED FOR RESIDENTIAL PURPOSES:  Mr. Clay thanked the citizens for their attendance.  He stated that over the past year, numerous complaints, both individually and as a body, regarding the issues that are associated with multiple canines within the residential sections of Marion has been received.  He added that the Committee, in reviewing the issue, looked at several alternatives.  After a lengthy discussion, which included the animal control officer, the committee felt that limiting the number of dogs and cats in one household would help in controlling, although not solving, the problem.  The proposed ordinance was modeled upon a similar ordinance enacted by the City of Roanoke.  In conclusion, Mr. Clay stated that Council understands the emotional nature of this ordinance.  Most, if not all, of the Council are dog or cat owners.  They know the close bond that is created between a dog or cat owner and their pets.  However, once a complaint has been made by a citizen, the governing body has the responsibility to its citizenry to determine the best course of action in finding a resolution to the issue.  Sometimes those solutions are easy and without controversy and sometimes they are not.   It must not be forgotten that one citizen’s rights ends at the very spot the other citizen’s rights begin.

 

Mayor Helms opened the Public Hearing.  Joyce Johnson. John Styron, Erwin Rowland, Jake Hash, Rhonda Snider, Wilma Hall, Senah Snider, Ron Snider, Todd Necessary, Linda Dean, Genie Sneed Miller, Becky Lester, Michael Hester, Becky Sullins, Rachael Kinder-Liberto, Emma Mendez, Susan Graft, and David Graft spoke against the proposed ordinance.  They argued that the problem is mainly the lack of citizens having their pets spayed and neutered.  Many in attendance were members of the Humane Society or Rescue Organizations.  Many noted that the problem is not with the pets but the irresponsibility of the owners.  Those in opposition felt that responsible pet owners should not be penalized for those who are not responsible.  They suggested stricter enforcement of the current ordinances, including serious fines, and encouraging education about spaying and neutering pets. 

 

The only citizens who spoke in favor of the Ordinance were Larry and Debra  Carter.   Mr. and Mrs. Carter were the citizens who came to Council and asked for help with their problem.  They were in favor of reasonable limitation of pets that would not violate the peace and tranquility of the neighborhood.   The Carters noted that they are not against dogs or cats and even have a cat of their own.  They only wish to be able to sit on their porch and enjoy the neighborhood without the noise and smell of the dogs and cats that surround their property.

 

Following a lengthy discussion, Dr. Gates moved that the Ordinance not be passed and that the matter be referred to the Ordinance Committee to revisit the existing ordinance and continue to investigate the situations.   Mrs. Jennings seconded the motion.  Council adopted the motion unanimously.  Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates, and Mrs. Jennings voted affirmatively.

 

PROPOSED AGREEMENT WITH SMYTH COUNTY ON PARKING GARAGE AND RELATED ISSUES:    Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), the agreement with Smyth County was adopted.

 

PROPOSED PLANNING GRANT ON USE OF OLD SCHOOL BUILDING:  The Town of Marion and Smyth County are interested in partnering to apply for a Planning Grant from the Department of Housing and Community Development Program.   This application would be in the amount of $40,000 and would provide basic studies, analyses and community work products with the adaptive reuse of the 1908 schoolhouse.  The Town of Marion and Smyth County agree to each provide $2,500 as local match to this Joint Planning Grant.  Mr. Clay moved that the Town accept the letter of interest in partnering to apply for a Joint DHCD Planning Grant in the amount of $40,000 and obligate $2,500 as a match from the Town of Marion.  Mrs. Jennings seconded the motion.  Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).

Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

 

APPROVAL OF CHANGE ORDER #19 ON FLOCCULATORS AND REVENUE OVERAGE USAGE:   Mr. Clark advised that at the conclusion of the current contract on the Water Treatment Plant, there will be approximately $137,817 in un-obligated funds that may be used towards replacement of the existing flocculator drives at the water treatment plant and repainting existing water storage tanks in the distribution system.  Mr. Leaman moved that the contractor be allowed to proceed with replacement of the existing flocculator drives at the WTP.  Dr. Gates seconded the motion.  Council approved the same unanimously.   Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted unanimously. 

 

APPROVAL OF CHANGE ORDER #20 ON WATER TANK REFURBISHMENT:  Mr. Clark requested that the Town staff be allowed to negotiate on the refurbishing of the water tanks.  Mr. Leaman moved that the Town bid out the refurbishing of the four (4) remaining tanks in need of upgrade.  Dr. Gates seconded the motion.  Council approved the motion unanimously.  Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively. 

 

LEE STREET AND TOWN PARKING LOT:  Mr. Hicks was asked to contact Ken Construction concerning the replacement of the hand rail on Chestnut Street,

removal of the tractor parked across the stairway from the parking lot to Chestnut Street, and damage to the property on Lee Street.

 

WASHINGTON AVENUE/PAXTON WATER LINE:  Mr. Spickard advised that the contractor has bored thru to the other side of the interstate.  However, the pipe inserted into the casing is stuck and another piece of equipment must be brought from out of town to finish the project.

 

ACCOUNTS:  Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Council approved the Accounts for payment in the amount of $658,230.  Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

 

INVESTMENTS:  Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Investment Report was accepted as written and distributed.

 

PROPOSED MUTUAL AID AGREEMENT:  The proposed agreement would allow the Police Department of the Towns of Chilhowie, Marion, and Saltville, Smyth County Sheriff’s Department and Hungry Mother State Park Rangers (Department of Conservation and Recreation) to render law enforcement assistance, as requested, for a period of four (4) years.  Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Mutual Aid Agreement was adopted.   Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

 

NOTICE OF LEGISLATIVE DAY:  Notice has been given that the Annual Legislative Day will be held on February 7, 2008, beginning at noon at the Greater Richmond Convention Center.  Members of Town Council that plan to attend Legislative Day should inform the Town Clerk so that arrangements can be made.   Messrs Hendrick, Heath, Clay, Clark and Helms committed to attend. 

 

REQUEST FOR REZONING NEAR ALTHEA STREET:  Smyth County Community Hospital has contracted with Ms. Judith Greer Schulz and her brother, Kenneth E. Greer, to purchase approximately 40 acres of land to construct a new hospital.  They have petitioned the Town to rezone a parcel of property 47-A-17 and a portion of 154-24-2 which lies on the southeast side of Althea Street to Medical Arts.   Hank Carr of Corridor Properties, LLC will be handing the rezoning process on behalf of Smyth County Hospital.   Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this matter was referred to the Planning Commission for review and recommendation and that a public hearing is scheduled on January 22, 2008 to receive public comments on the request to rezone.

 

UPDATE ON GOVDEALS FOR SURPLUS PROPERTY:  The online auctions with www.govdeals.com has begun.  The first auction was over on December 14, 2007.  Mr. Hamm reported that $24,083 will be collected from the sale.  A 7% fee will be paid to govdeals for their services.    

 

TECHNOLOGY COMMITTEE ON WEBMASTER:  The committee recommended that some of the items be posted in-house for several months.   A Request for Proposal will be considered during the budget preparation.

 

STREET COMMITTEE ON THREE YEAR PAVING PLAN AND PHASING SOUTH CHURCH STREET:  A list of streets slated for paving was presented to Town Council for approval.  The list was compiled by Mr. Clark, Engineer’s Assistant Todd Long, and Mr. Hendrick.    The Committee will continue to discuss plans to downscale the S. Church Street Project and get it underway.

 

PERSONNEL COMMITTEE ON PERSONNEL POLICY:   This item was continued.

 

ORDINANCE COMMITTEE ON SKATE BOARDS/BICYCLES:  Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 6 AYES and 1 ABSTENTION (Heath), this item was continued.    Mayor Helms noted that the Council should consider the problem town-wide and not limit it to the downtown area.

 

STREET LIGHT COMMITTEE ON RIVER STREET REQUEST:  The Town Manager will meet with AEP on December 20 to determine the cost.  Upon motion of Mr. Warren, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, this item was continued.

 

APPOINTMENT OF EMERGENCY COORDINATOR:  Mr. Fenyk stated that Charles Harrington is currently the County Emergency Coordinator.  The Governor’s Office has ordered that each jurisdiction appoint a “point of contact person”.  Mr. Fenyk added that as Mr. Harrington is a Town resident, this may not be a problem for the Town.  However, the discussion of an alternate ensued.  It was noted that the “point of contract person” has no authority.  This person’s appointment is to enhance the communication between the Emergency Coordinator and the Town of Marion.  Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Town Manager John E. B. Clark, Jr. was appointed the Town of Marion Emergency Coordinator.

 

SPECIAL SERVICES DISTRICT:  Mr. Heath requested a public hearing to renew the Special Services Tax District, Code of the Town of Marion, Section 70-181.  Upon motion of Mr. Clay, seconded by Mr. Leaman, and vote of 6 AYES and 1 ABSTENTION (Heath), a public hearing was scheduled on January 22, 2008. 

 

SENIOR CITIZEN CHRISTMAS LUNCHEON:  Members of Town Council and Town staff were invited to serve the senior’s at their annual Christmas luncheon on December 19, 2007 at 11:30 am.

 

BUS POLICY:  Mr. Heath requested a copy of the bus policy with regard to loaning the Town buses.

 

HOSPITAL RESOLUTION:   Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Mr. Clay is a member of the SCCH Board of Directors), Town Council voted to support the following resolution:

 

Resolution

 

A RESOLUTION IN SUPPORT OF AN APPLICATION BY MOUNTAIN STATES HEALTH ALLIANCE TO REPLACE AND RELOCATE SMYTH COUNTY COMMUNITY HOSPITAL

 

 

WHEREAS, Smyth County Community Hospital’s current physical plant infrastructure is over forty years old, no longer performs as intended, and cannot support necessary changes to upgrade the current building to modern facility; and

 

WHEREAS, SCCH currently has mostly semi-private rooms and common use showers/bathtubs which are not conducive to patient privacy, HIPPA regulations, and infection control; and

 

WHEREAS, the proposed new facility site, if approved by the Town and Smyth County, will be located closer to Interstate 81, more convenient for the community,  and will eliminate the need to travel through residential areas of Marion to access the hospital; and

 

WHEREAS, a new, updated facility will enable SCCH to provide adequate facilities to deliver healthcare services to meet the needs of the community over the next couple of decades; and

 

WHEREAS, the current physical plant and layout prohibits efficient patient flow and hinders staff productivity; and

 

WHEREAS, the existing facility is not conducive to creating the type of healing environment which MSHA seeks to provide for its patients, and “Patient-Centered Care” concepts will be incorporated into the design of the new facility.

 

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Marion in Regular Session assembled 17 December 2007, that the Town hereby officially supports the application for Mountain States Health Alliance to seek permission to replace and relocate Smyth County Community Hospital – pending approval by the Town of Marion and Smyth County (COPN Request NO:  VA-7527), and will refer the rezoning to the Marion Planning Commission for review and public hearing at its earliest opportunity.

 

RESOLVED, this 17th day of December, 2007.

 

 

SIGNED:                                                                     ATTEST:

 

 

 

___________________________                              ______________________________

David P. Helms, Mayor                                                Dixie O. Sheets, Town Clerk

 

SNOW REMOVAL:  Mr. Clay thanked the Town Crew for their duties in removing the snow and ice this past weekend.

 

A SPIRIT GALLERY:  Mayor Helms congratulated A Spirit Gallery on a very successful year.

 

CARNEGIE HERO FUND COMMISSION:  Marion Police Officer Steven Widner has been nominated for the Carnegie Hero Fund for his actions to rescue a man from a burning house at 410 East Main Street in Marion.  The Town of Marion is very proud of Officer Widner. 

 

CLOSED SESSION:  Pursuant to Code of Virginia, as Amended, Section 2.2-3711 (5) & (7) and upon motion of Mr. Hendrick, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss a prospective business or industry and consultation with legal council pertaining to actual or probable litigation.  Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters exempted from Open Session and identified in the motion were discussed during the Closed Session just concluded.  Mrs. Jennings seconded the motion.  The Clerk polled the Council Members.  Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively. 

 

PROSPECTIVE BUSINESS:  This matter was referred to the Finance Committee.

 

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

 

 

____________________________________        ________________________________

Mayor                                                                          Clerk