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 February 19, 2008 at 7:00 p.m.
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; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Clerk/Director of Finance Dixie Sheets.
INVOCATION: Rev. Alan Gray rendered the invocation. Mayor Helms led the Pledge to the Flag.
VISITORS: Rev. Alan Gray, Jeff Spickard, Cameron Wolfe, Hank Carr, Al Abel, Attorney Matthew Crum, Gary Peacock, Sarah Berg and Attorney Jeff Mitchell.
MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on February 4, 2008 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
REPORT FROM THE PLANNING COMMISSION ON RECOMMENDATION OF REZONING PROPERTY FOR HOSPITAL: Planning Commission Member Cameron Wolfe reported that the Planning Commission recommends approval of the request to rezone the Greer property from R-1 (Residential) and CG (Commercial General) to MA (Medical Arts). Additional items will be considered upon review of the site plan. Mr. Heath moved that Council accept the recommendation and approve the re-zoning request as presented. Mr. Warren seconded the motion. Council approved the same by a vote of 5 AYES and 2 ABSTENTIONS (Ms. Jennings and Mr. Clay are Executive Director and Member of the Board of Directors for the Smyth County Foundation, respectively.)
REPORT ON PLANNING GRANT FOR OLD SCHOOL HOUSE-DOWNTOWN DIRECTOR KEN HEATH: Mr. Heath stated that a community group has formed to develop a plan for completing a Preliminary Architectural Study and Preliminary Engineering Study for the Old School House. The project must address all construction and rehab costs and be self-sustaining. This will include ongoing maintenance, operational costs, and overall impact on the Town of Marion and community.
Marion Downtown and MRPDC will prepare any grant applications for this project.
UPDATE ON POLICE DEPARTMENT STAFFING-POLICE CHIEF: Chief Roberts advised that sixteen (16) individuals sat for the written examination. The top five (5) applicants were interviewed. Only one (1) applicant was a certified officer. He was offered a position upon successful completion of physical and psychological exams. Chief Roberts requested permission to hire two (2) additional officers. He would like to have them on-board so that they may have training until the Police Academy begins in July. He noted that two (2) current officers will be eligible for retirement this summer. Mr. Heath moved that permission be granted to the Police Department to hire two (2) additional officers. Mr. Clay seconded the motion. Council approved the same unanimously. Messrs Hendrick, Leaman, Clay, Warren, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.
Mr. Hendrick suggested that the Town include a section in the Employment Agreement that an individual obligate himself/herself to the Town for a certain amount of time as payment for the cost of training, at the Town’s expense. Chief Roberts stated that this has not been a problem, but could be considered if needed.
BAUGHMAN AVENUE ENGINEERING CONTRACT-TOWN ATTORNEY: Mr. Fenyk advised that he reviewed the Engineering Contract and has returned it to the firm with suggested changes: 1) Limits of firms liability, should be at least the amount of the contract; 2) Non-binding mediation requirement; 3) Turn around for payment to be changed from 60 days to 90 days; and 4) The Town would be the owner of plans and data and that these would be provided to the Town by the Engineer.
Upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the agreement was adopted with the changes, by Mr. Fenyk, incorporated. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
ACCOUNTS: Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 6 AYES and 1 ABSTENTION (Heath), the accounts were approved for payment in the amount of $787,863.38. Messrs Hendrick, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively. Mr. Heath abstained due to # 15-travel reimbursement.
INVESTMENTS: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
TOWN ATTORNEY ON DEED OF TRUST ON BUCHANAN STREET: Mr. Fenyk advised that on 3/9/81 William Routh became a participant in the HUD Housing Rehabilitation Project. The project was to provide bathrooms and upgrades to privately- owned housing units. A Deed of Trust was filed at the Courthouse for each loan. Mr. Fenyk stated that he was informed of the death of Mr. Routh by the Rehabilitation Specialist and that the heirs were not making the scheduled payments. Mr. Fenyk requested that he be appointed the Trustee so that he could initiate foreclosure on the Deeds of Trust where rehabilitation payments were not being made. The current Trustee is Paul D. Greer, who was the Town Attorney at the time of the Rehabilitation Project. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Mr. Fenyk was appointed as the Trustee.
TOWN STREET BIDDING PROCESS-JEFF SPICKARD AND CECIL HICKS: Mr. Spickard suggested that the Town Street construction project be re-advertised. He stated that the Town could consider providing the water materials and/or asphalt patching materials. Mr. Hicks advised that if the Town purchases materials thru the grant, it would save approximately 20%. Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee.
NEW BUSINESS – ATTORNEY MATTHEW CRUM: Attorney Matthew Crum was present to introduce himself to the Council. Mr. Crum will be opening an office on Main Street across from the Courthouse. His speciality is Social Security and “Elder-law”, which includes estate planning and guardianship.
PERSONNEL COMMITTEE ON REVISED PERSONNEL POLICY: Mr. Leaman advised that the Revised Personnel Policy is nearly complete. Copies will be provided to Council members in the next Town Council packet.
STREET COMMITTEE AND FINANCE COMMITTEE ON MONTE VISTA DRIVE: Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.
FINANCE COMMITTEE-ENGINEERING AT OLD TOWN DUMP: Mr. Hicks presented statements from SCS Engineering on dump monitoring. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, funds were approved to be used from retained earnings sources. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.
CHURCH STREET IMPROVEMENTS: Mr. Hicks stated that he, Mr. Clark, Mr. Heath, Mr. Long and VDOT Engineer Donnie Necessary met to discuss the South Church Street Project. The project has been on the VDOT 6-Year Plan for many years. With the increases in costs, the $3.6 million dollars allocated by VDOT will no longer service this project. Mr. Necessary suggested that the Town consider “scaling down” the project and performing the upgrades in phases. One of the biggest issues is flooding potential. This could be addressed by realigning Severt Street, widening the road to 24 feet from Cherry Street to the south corporate limits and upgrading the storm drain. VDOT will begin cost estimates to determine if the $3.6 million will pay for these renovations. Mr. Heath moved that the Town Engineer work with VDOT to proceed with available funding to address the flooding problem on South Church Street. They will also review the possibility of “detention ponds” to release storm water slowly. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
LEE STREET PROJECT-RECLAMATION OF PROPERTY: Mr. Clay stated that the property in front of Turkey Pen, Inc., owned by Charles Trail, has not been reclaimed to the original state as agreed upon. Mr. Heath added that the property owned by Mark Warren also has reclamation issues. Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION (Mr. Warren), this matter was referred to the Street Committee.
WE CARE FUNDRAISER FOR TROOPER KRIS CHAPMAN: Mr. Clay reported that the fundraiser held at the Marion Life Saving Crew Building for injured Virginia State Trooper Kris Chapman was a complete success. Approximately $13,000 was raised. Trooper Chapman was injured, as he was sitting in his patrol car on I-81, when his cruiser was hit by a drunk driver.
SECURITY AT MUNICIPAL BUILDING: Mr. Clay re-stated his earlier concerns about the security at the Municipal Building. He noted the tragedy in Missouri where several members of Council and visitors were shot to death. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this matter was referred to the Building & Grounds Committee. Mayor Helms asked Mr. Clay to participate on this committee.
Mr. Leaman stated that the Committee considered security at the Municipal Building previously and could not come up with any viable solutions. Mr. Clay advised that he has suggestions of possibilities the Town can do and will contact other Councils to determine what they have done to provide security for their Council Meetings.
STREET LIGHT OUT: Mrs. Jennings advised that there is an inoperable street light on Culbert Drive. Mayor Helms asked that she provide the information and pole number to Chief Roberts.
HIGHWAY MAINTENANCE FUNDS: Mr. Hendrick advised that the Town is behind in expending the allocated Highway Maintenance Funds. He noted that there are planned concrete and paving projects in the amount of $350,000. This would leave approximately $500,000 to spend prior to the end of June. He expressed concern that these funds may not be “held over” into the next fiscal year.
COUNCILMAN HENDRICK-NOT TO SEEK RE-ELECTION: Councilman Eugene Hendrick announced that he will not seek re-election to Marion Town Council. He stated that he has enjoyed the 16 years he has spent on Town Council and the accomplishments during his tenure. He plans to travel more in his retirement. Members of Town Council expressed their disappointment with his decision not to run for re-election but also wished him good luck in retirement.
GRAFFITI CONTROL: Mr. Heath has asked Mr. Fenyk to provide a sample ordinance for graffiti control. A copy of the sample ordinance was included for the members of Town Council to review.
FULLER CENTER FOR HOUSING: Mr. Heath informed Council that Millard Fuller, founder of Habitat for Humanity and now, founder of the Fuller Center for Housing, will be in Marion from February 22 – February 24. He will be here for the groundbreaking for a Fuller Center for Housing for Aulbin and Catherine Pennington, the parents of S/Sgt. Gregory Pennington who was killed in Iraq on June 21, 2004. There will also be a fund raising dinner catered at MSHS at 6 pm Saturday night with Mr. Fuller speaking at MSHS at 7:30 p.m. Mr. Fuller will deliver the sermon at Marion Baptist Church on Sunday morning.
RESOLUTION: Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the following Resolution was approved by Town Council:
RESOLUTION
A RESOLUTION OF WELCOME AND APPRECIATION OF
MILLARD FULLER
WHEREAS, Millard Fuller, the founder and President of The Fuller Center for Housing is Welcomed to Marion, Virginia; and
WHEREAS, Mr. Fuller is also the founder and former President of Habitat for Humanity International, and
WHEREAS, Mr. Fuller and his wife, Linda, are dedicated Christians who continue to strive towards the goal of eliminating poverty housing, not only in the United States but around the world.
WHEREAS, the former Smyth County Habitat for Humanity affiliate has joined with the Fuller Center for Housing, a non-profit organization, and plan to make a difference in our community by constructing homes for low income local individuals in need of affordable, safe housing. The homeowner families are expected to invest their own labor into the construction of their home and homes of other families.
WHEREAS, Mr. Fuller is the recipient of many awards around the globe and has motivated thousands to devote their time, talents and energy in helping others.
NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Marion, Virginia that Millard Fuller is declared an Honorary Citizen of Marion, Virginia, and;
BE IT FURTHER RESOLVED, by the Council of the Town of Marion in Regular Session assembled 19 February 2008, that the Town hereby officially welcomes and extends best wishes to Mr. Millard Fuller for continued success in his endeavors, health and prosperity for years to come.
RESOLVED, this 19th day of February 2008.
SIGNED: ATTEST:
__________________________ ______________________________
David P. Helms, Mayor Dixie O. Sheets, Town Clerk
NEW BUSINESSES: Mr. Heath advised that when new businesses open in the Town of Marion, a press release is issued. Also, a letter is sent to the new business and a certificate is issued. An offer for a formal Grand Opening Ceremony is offered.
KIM’S KLASSY KLOSET: This new business opened at 368 South Main Street in recent weeks. It will be open Monday through Friday from 10 am to 6 pm and on Saturday from 10 am – 4 pm. Congratulations to our newest business!
KNOWLEDGE ECONOMY ROADSHOW: Mr. Heath advised that the Knowledge Economy Roadshow will be conducted on 3/14/08 at the Smyth Career and Technology Center. The program is excellent for those wishing to start a business using the internet.
JAPANESE RESTAURANT: Mr. Heath advised that the Japanese Restaurant will reopen soon.
FARMER’S MARKET WORKSHOP: Mr. Heath reported that a workshop for the Farmer’s Market will be conducted at O’Dells on Route 16. The workshop will be held on February 25, 2008 at 6 pm.
EXIT 47 – VDOT PUBLIC MEETING: A public meeting will be conducted at MSHS on Wednesday, February 27, 2008 from 4 pm until 7 pm to discuss Exit 47 plans.
FUNDRAISER-SECOND CHANCE PROM: Mr. Heath informed Council that a “Second Chance Prom” fundraiser will be held on May 10 at the Grand Ballroom. Tickets will be $25 per couple with the proceeds to be divided equally between the Trooper Chapman Fund and Keith Clark’s family.
MARION JUNIOR COUNCIL: Mr. Heath informed Council that he has proposed a Town of Marion Junior Council. He feels that this would be a way to involve our young people in the decision-making process of the Town government. The Marion Junior Council would be a “shadow” to the Marion Town Council, serving under the direction of the school sponsor, Sally Moss and Council Liaisons Ken Heath and Herbert Clay. According to Mr. Heath, students must apply through the MSHS SCA and up to seven students will be chosen each year to participate. The youth would receive official Council packets and have an opportunity to voice their opinions on Town issues. They would attend Town Council meetings, official town functions, and committee meetings if their schedule should allow.
Several Council members expressed concerns for this project. Among those concerns was limiting the number of beneficiaries to seven, liability, transportation, approval thru appropriate channels.
Mayor Helms selected a Special Committee to consider this idea. He selected Mr. Heath, Mr. Leaman, and Mr. Hendrick to serve on this committee.
ELECTRICAL INSPECTION AT 144 W. MAIN STREET: Mr. Warren stated that at the previous Town Council Meeting, on 2/4/08, he made the motion that the County Building Inspector inspect this property. Mr. Warren moved that if the Smyth County Building Inspector can not or will not inspect the building, that the town hire someone who is qualified to evaluate the electrical system at 144 W. Main Street. The motion was seconded by Mrs. Jennings and carried unanimously. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
NEW POLICE DEPARTMENT: Chief Roberts reported that the renovations to the new Police Station are coming along and hope to be in the building by mid to late March.
CLIFTON FORGE: The Town of Clifton Forge sent a letter of thank you for the hospitality extended to them during their recent visit.
WATER TREATMENT PLANT: Mr. Clark advised that the Water Treatment Plant Project is nearly complete. Also the Bulk Storage Project came in at approximately $50,000. This is a $33,000 savings to the Town for in-kind work on the project.
CLOSED SESSION- PURSUANT TO CODE OF VIRGINIA, AS AMENDED, SECTION 2.2-3711 (a7) and upon motion of Mr. Hendrick, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council entered into Closed Session to obtain legal advice on Revenue Sharing Agreement with Smyth County. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters identified in the motion and exempted from Open Session were discussed during the Closed Session. Mrs. Jennings seconded the motion. Council approved the motion unanimously. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the meeting was continued.
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Mayor Clerk