COUNCIL MEETING MINUTES
October 7, 2002
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 October 7, 2002 at 7:00 P.M.


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 October 7, 2002 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Samuel Burkett, Buford Cregger, Ken Heath, Eugene Hendrick, Mark Warren and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk.

INVOCATION/PLEDGE TO THE FLAG: Rev. Samuel Dzobo of the United Methodist Church in Mutare Zimbabwe rendered the invocation. Rev. Dzobo is the pastor at Hilltop United Methodist Church where a mission team from Marion FUMC visited this summer. Mayor Helms led the Pledge to the Flag. Mayor Helms presented Rev. Dzobo with a Key to the City.

MINUTES: Upon motion of Mr. Burkett, seconded by Mr. Cregger, and vote of 6 AYES and 0 NOES, the minutes of the meeting of 9/l6/02 were approved as written and distributed. Messrs Burkett, Cregger, Heath, Hendrick, Warren and Dr. Gates voted affirmatively.

VISITORS: Rev. Samuel Dzobo, Clayborne Gwyn, Brenda Gwyn, Evelyn Noonkester, Paula Perkins, James Perkins, Sam Mutter, Mary Frances Campbell, Shirley Blackwell, John & Judy Taminger, Rev. Charles DeHart, Jimmy Warren, Charlotte Warren, Henry Ford, Justin Franklin, Jacob Craig, Holly Sword, Janet Blevins.

PUBLIC INPUT ON REVISED PARK BOULEVARD BIKING TRAIL: Justin Franklin of Anderson and Associates presented an overview of the revised plans for the Park Boulevard Biking Trail. The hiking trail has been eliminated and plans for the bike path only with minimal disruption to business and residential property was presented. The plans reflect a four-foot wide bikeway on either side of Route 16 from Park Boulevard/North Main Street to Mitchell Valley Road. This is basically a paved shoulder. The project requires some guardrail relocation and installation of new guardrail. The plan shows no on-road markings for the bikeway. However, signs may be placed along the route. Paula Perkins presented Town Council a petition, containing 32 names, in opposition to the original Hiking/Biking Trail Plan. Mayor Helms stated that a letter of support for the proposed Bikeway had been received from Dr. P. D. Mowbray. C. B. and Brenda Gwyn supported the original Hiking/Biking Trail for safety reasons. Several of those in attendance expressed concern about the safety issue. Some suggested a barrier between the traffic and Bikeway Path. Mr. Franklin advised that VDOT standards would not allow a multi-use facility to be located that close to the roadway and that a minimum shoulder must be maintained. VDOT would require a minimum 42” high barrier. John Taminger stated that he felt the Hiking/Biking Plan was the best plan. He was among those who felt the Bikeway Plan would be hazardous. He suggested that the funds for the Bikeway be diverted to Hungry Mother State Park for Park improvements. Mr. Franklin advised that this option would have had to be made at the onset of the project. Shirley Blackwell asked for data on the anticipated use by bikers or hiker/bikers. Mr. Franklin advised that there is no available data. A lengthy discussion ensued. Mayor Helms closed the Public Information Meeting.

Mr. Hendrick asked if a “rumble strip” could be installed along the Bikeway. Mr. Franklin advised that this would add 18 inches to the shoulder of the road. It may also pose a noise problem.

Dr. Gates moved that the Town proceed with the Bikeway proposal with construction funds not to exceed $350,000. Mr. Hendrick seconded the motion. Council approved the same by a vote of 5 AYES and 1 ABSTENTION (Heath).

PUBLIC INPUT ON TOWN REQUIREMENTS THAT NUMBERS BE DISPLAYED ON STRUCTURES WITHIN THE TOWN OF MARION: The proposed Ordinance amendment to the Town Code would require each house or building, other than an out-building, that fronts a right-of-way shall be numbered and such number be displayed on the primary or accompanying building, or in a manner that is easily readable from the right-of-way. Mayor Helms read the proposed Amendments to the Town Code:

Section 62-32. House numbers.
The Town of Marion shall have the E-911 Coordinator to select a number for each house or building, other than an outbuilding, in the Town’s corporate limits. Upon approval of the numbering by the Town Engineer, the number shall be assigned to the house or building and a record of such number kept on file by the E-911 Coordinator. State law reference-Authority for above section, Code of Virginia, s/s 15.2-2000 et seq., 1950 as amended.

Section 62-33. House numbers to be displayed.

Each house or building, other than an out-building, that fronts on a right-of-way shall be numbered and such number be displayed on the primary or accompanying building, or in a manner that is easily readable from the right-of-way. The displayed numbering must be at least three inches in height or greater so that it is easily readable from the right-of- way. The numbering must be clearly seen from the right-of-way. Failure to properly display the numbering shall be a Class 4 Misdemeanor, punishable by a fine of $25.00.
State law reference-Authority for above section, Code of Virginia, s/s 15.2-2024 et seq., 1950 as amended. Upon motion of Mr. Hendrick, seconded by Mr. Cregger, and vote of 6 AYES and 0 NOES, the Ordinance was adopted. Messrs Burkett, Cregger, Hendrick, Heath, Warren and Dr. Gates voted affirmatively. It was noted that the Marion Police Department would enforce this ordinance.

WATER TREATMENT PLANT REQUESTS FOR PROPOSALS AND RELATED ISSUES-TOWN MANAGER: Mr. Clark advised that six (6) proposals were received. Those selected will be interviewed.

DISCUSSION OF PAVING SCHEDULE-ENGINEER: Mr. Hicks advised that paving began 10/7/02. Pearl Avenue was eliminated from the schedule, as it may be eligible for grant funds.

RE-SUBMITTAL OF PROPOSAL FROM ANDERSON AND ASSOCIATES ON GIS SYSTEM-ENGINEER: Mr. Hicks advised that the Town has a contract with Anderson and Associates concerning the Town’s parcel conversion process. Anderson and Associates, Inc. had a misunderstanding that the MRPDC was in the process of, or already had, digitized the parcels in the Town in the same manner that they had other areas of the County. Their estimate for completion was $3,500. They have contacted the Town concerning this problem and stated that the total amount to convert all parcels in the Town is $13,750. Mr. Burkett moved that this matter be continued and a meeting scheduled with appropriate representatives from the MRPDC, Anderson and Associates, Town, and County. Mr. Heath seconded the motion and Council continued the matter by a vote of 6 AYES and 0 NOES.

RESOLUTION OF SUPPORT FOR NOVEMBER 5 BOND REFERENDUM: Upon motion of Mr. Heath, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, Marion Town Council endorsed the Resolution of Support for the November 5 Bond Referendum.

FLU SHOTS FOR TOWN EMPLOYEES/FIRE DEPARTMENT-TOWN MANAGER: The Town Manager has been notified by Smyth County Community Hospital that the vaccine has arrived for the 2002-2003 flu season. Mr. Clark requested Council’s approval to make this vaccine available to Town employees and Marion Volunteer Fire Department personnel at a cost, to the Town, of $8.00 each. Council requested that the Town extend this benefit to the MLSC also. Upon motion of Mr. Warren, seconded by Mr. Burkett, and vote of 6 AYES and 0 NOES, Town Council approved this expenditure. Messrs Burkett, Cregger, Heath, Hendrick, Warren and Dr. Gates voted affirmatively.

NOTICE OF INCREASE IN VDOT MAINTENANCE AND NEW RULES ON TEA-21 PROJECTS: Mr. Clark advised that the Commonwealth Transportation Board has granted a 3.67% increase in Highway Maintenance Funds. The Town has budgeted $777,501. The increase to the Town of Marion is $28,509 and is based on gasoline tax and usage.

Mr. Clark added that he has been advised that VDOT will take no new applications for Transportation Enhancement Projects this year or next year. They plan to finish those projects which are already funded. The Town has two (2) projects approved. One is the Chilhowie Street Bridge Project and the other is the Park Boulevard Bikeway Project.

SET PUBLIC HEARING DATE FOR ORDINANCE CHANGE WITH REGARD TO RE-SCHEDULING OF COUNCIL MEETINGS ON HOLIDAYS: Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, this item was continued.

DRAINAGE SITUATION BETWEEN SPRINKLE AND ALLEN AVENUE: Janet Blevins and Holly Sword were present to discuss a drainage problem in the area of Sprinkle Avenue, Allen Avenue, Henry Street and Chatham Hill Road. Dr. Gates moved that this matter be referred to the Street Committee. Mr. Heath seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES.

FAÇADE GRANT-KEN HEATH: Mr. Heath, Executive Director of Marion Downtown!, reported grant awards for downtown businesses thru the Downtown Housing Grant Program (CDBG CIG 98-25) in the amount of $10,000. Grant recipients are Weddings Plus ($5,000), Merle Norman ($2,500) and Iron Street Mall ($2,500). Mr. Heath stated that D&D Construction, Chilhowie, VA would be issued a Notice To Proceed. D&D Construction was the lone bidder on this project. Mr. Heath noted that there is no cost to the Town of Marion. These awards will close out the grant.

ORDINANCE COMMITTEE-BUSINESS GARBAGE PICK-UP: Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 5 AYES and 1 ABSTENTION (Heath), this item was continued.

WATER COMMITTEE-REPORT ON LEAK ANALYSIS PROPOSALS: The Town received two (2) proposals to perform water distribution leak analysis on the entire water system. Proposals were received from Hughes Supply and Severn Trent. Both companies were interviewed and the Water Committee recommended Severn Trent be awarded the bid. In the amount of $18,000-$20,000. Upon motion of Mr. Burkett, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, Council accepted the recommendation of the Water Committee.

WATER COMMITTEE-REQUEST FROM SEAVER-BROWN FUNERAL SERVICE: Seaver-Brown Funeral Service had requested consolidating the charges of two (2) existing water meters located at their business. It was discussed within the committee that internal plumbing changes would eliminate the need for the additional meter. The Committee recommended not deviating from the present Town policy involving minimum charges for active water meters.

STREET COMMITTEE-REPORT ON REVIEW OF SIDEWALKS, CURBS & GUTTER LIST TO BE PLACED FOR BID: Mr. Hicks presented a list of concrete projects for 2002-2003. Quantities will be presented at next meeting.

TREE BOARD: Shirley Blackwell presented the following names to serve three (3) years on the Tree Board: Mel Leaman, Rita Copenhaver, and Eugene Hendrick. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 5 AYES and 1 ABSTENTION (Hendrick), Council approved these appointments.

STREET COMMITTEE-NAMING OF STREET ADJACENT TO CHILHOWIE STREET: Mr. Clark reported that recommendations had been made to name the street White Drive, Russell Street and Garnett Street. Following discussion, Mr. Cregger moved that the street be named White Drive in honor of former elementary school Principal Margaret White. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

MOUNTAIN DEW DAYS: Mr. Heath informed Council that Mountain Dew Days will be held the weekend of October 11. There will be hillbilly games, a possum queen, barbeque cook-off contest, music and much more. The festivities will begin at 6:00 pm on Friday.

HALLOWEEN MADNESS DOWNTOWN: Mr. Heath reported that Trick-or-Treat with the Downtown Merchants will be held on October 26. Normal Trick-or-Treat will be held throughout Marion on October 31, 2002.

CHRISTMAS PARADE: The Annual Kaleidoscope Christmas Parade will be held on November 24 at 3:00 p.m.

CHRISTMAS TREE LIGHTING: Mr. Heath reported that Christmas Downtown would kick off December 5-8, 2002. The event will include the lighting of the Town Christmas Tree.

COLUMBIA AVENUE: Mr. Hendrick stated that the Street Committee recommends that Columbia Avenue be graded and “milling” material be placed on the street and rolled. Upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 6 AYES and 0 NOES, Council approved an expenditure of $4,000 for this project. Messrs Burkett, Hendrick, Cregger, Warren, Heath and Dr. Gates voted affirmatively.

CALLAN DRIVE: Mr. Helms reported that there is an excellent article in the Virginia Cities Magazine with regard to recently completed Callan Drive. The project utilized the Public/Private Transportation Program to bring this project to fruition. The Town won an achievement award from VML for this project.

APPALACHIAN DAYS: Mr. Helms advised that students at Marion Primary School will hold their annual Appalachian Days on October 11. He invited all to attend this delightful event.

EMERGENCY PERSONNEL PLAY SOFTBALL: Mr. Helms reported that members of the Marion Volunteer Fire Department, Marion Police Department, Marion Life Saving Crew, and Smyth County Sheriff’s Department have been getting together to play softball on Sunday afternoons. He applauded these individuals who work so closely together on the citizen’s behalf to join together in fun and fellowship.

TRANSPORTATION SAFETY MEETING: The Secretary of Transportation will conduct a meeting on October 29 at the Holiday Inn in Bristol. Council is invited to attend this meeting.

CULBERT DRIVE COMPLAINT: Mr. Helms reported that citizens have expressed concern that large trucks have begun to travel thru Culbert Drive since Callan Drive opened. This matter was referred to the Street Committee for study and report.

WASSONA CIRCLE-CURB AND GUTTER: Mayor Helms stated that the Wassona Circle Curb and Gutter Project is nearly complete.

HOLLOW ROAD WATER LINE: Mayor Helms reported that the Hollow Road Water Line Project is nearing completion.

TRANSIT REPORT: Mr. Helms expressed the Town’s delight that the citizens continue to utilize the Transit System.

VIRGINIA MAIN STREET: Mr. Helms stated that a group from Virginia Main Street conducted a two (2) day training program in Marion last week. One of the topics was Economic Restructuring. A special guest was a representative from the National Main Street Organization located in Washington, DC.

ARCHITECTURAL REVIEW BOARD-DOWNTOWN: Mr. Warren asked if any steps have been taken concerning the request of Joe Ellis to establish an Architectural Review Board for the Downtown area. Mr. Heath advised that he has invited Mr. Ellis to attend the Marion Downtown! M eetings to present his program. He further suggested to Mr. Ellis that his company, CBM Technologies, pay for development of a Master Plan for Marion Downtown! Mr. Heath stated that there are no grants available for this type of project.

COMPENSATION PAY PLAN: Mr. Clark advised that the Compensation Pay Plan Study performed by Virginia Tech has been received and will be reviewed by the Personnel Committee.

FIRE TRUCK: C. W. Williams Company of Rocky Mount, North Carolina is constructing the three (3) new fire trucks being purchased by the Town of Marion for the Marion Volunteer Fire Department. Representatives were in Marion recently to meet with the Mayor, Town Manager and members of the Fire Department. The trucks are actually being built in Florida.

BIKE PATROL: Mayor Helms stated that he has received several positive comments regarding the Bike Patrol of the Marion Police Department.

POLICE DEPARTMENT: Chief Roberts stated that sixteen (16) individuals took the police officer examination. Results have not been determined.

Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.



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