COUNCIL MEETING MINUTES

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 2, 2003 at 7:00 p.m.

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

INVOCATION/PLEDGE TO THE FLAG: Mr. Burkett rendered the invocation. Boy Scout First Class Chris Osborne led the Pledge to the Flag.

MINUTES: Mr. Hendrick clarified that the problem mentioned in the 8/18/03 minutes with regard to the pump at the McIntyre Water Tank was a manufacturer defect. Upon motion of Mr. Heath, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the minutes of the meeting held August 18, 2003 were approved as revised. Messrs Burkett, Hendrick, Heath, Cregger, Leaman, Warren and Dr. Gates voted affirmatively.

VISITORS: Chris Osborne, Steve Routh, Mrs. Guy Parks

PUBLIC HEARING-TECHNOLOGY ZONE ORDINANCE: An Ordinance to Establish a Technology Zone in the Town of Marion was prepared by the Town Attorney. Mr. Fenyk attended the Smyth County Board of Supervisors meeting and presented the Town's proposal. He stated that the County was receptive to the document and supported the Technology Zone. There were a few reservations concerning the inclusion of residential areas in the zone (entire Town). However, as the Town is the regulating body for zoning, this was not an issue. No public comment was received.

PUBLIC HEARING-DISPOSITION OF UNCLAIMED BICYCLES ORDINANCE: Chief Roberts explained that the proposed ordinance would allow the Town to dispose of impounded and otherwise abandoned items. There was no public comment on the proposed ordinance.

APPROVAL OF TECHNOLOGY ZONE ORDINANCE: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Technology Zone Ordinance was adopted as presented. Messrs Burkett, Warren, Leaman, Heath, Hendrick, Cregger and Dr. Gates voted affirmatively.

APPROVAL OF DISPOSITION OF UNCLAIMED BICYCLES ORDINANCE: Upon motion of Mr. Hendrick, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the Bicycle Ordinance was approved as presented. Messrs Burkett, Warren, Leaman, Heath, Hendrick, Cregger and Dr. Gates voted affirmatively.

REPORT ON REQUEST TO SMYTH COUNTY ON CAMPBELL AVENUE SEWER & SEWER METER: Mr. Clark advised that he and several Town representatives appeared before the Smyth County Sewer Committee to request matching funds for the Campbell Avenue Sewer Project. The Committee requested that the Town present the request to the full Board. It was noted that the Preliminary Engineering Report prepared by Dewberry & Davis estimates the cost to be $300,000. The Town plans to ask for one-half of the Town's cost from Smyth County on September 9, 2003. Mr. Clark advised that letters of support from General Dynamics would accompany the grant funding requests.

REQUEST FROM DAN SURFACE ON CIVIC ORGANIZATION SIGN: Mr. Surface requested that the Town purchase and install screen boards to display civic organization signs. Upon motion of Mr. Burkett, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this item was referred to a Special Committee of Mr. Heath and Dr. Gates.

REQUEST FROM MARGARET TILSON ON BUYING TOWN PROPERTY OFF OF NORTH OAKLEY STREET: Margaret Tilson had requested to purchase land from the Town of Marion adjacent to her property. Upon motion of Mr. Burkett, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Mr. Fenyk was asked to research the ownership of the property. This item was continued.

WATER COMMITTEE ON WATER TANK AT SOUTHWESTERN STATE HOSPITAL (SOUTHWESTERN MENTAL HEALTH INSTITUTE): Mr. Hicks reported that the Water Tank at SWMHI was overflowing at night. The tank was taken over by the Town in 1986. It serves only the correctional facility. The tank is now isolated and being monitored. Mr. Burkett reminded Council that if the Town discontinues the use of the tank, the ownership reverts back to the Commonwealth of Virginia. Upon motion of Mr. Burkett, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was dropped from the agenda.

STREET COMMITTEE ON PEARL AVENUE PARKING: Mr. Hendrick moved that the "No Parking Sign" located on Pearl Avenue should remain due to the narrow street. Mr. Cregger seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.

ORDINANCE COMMITTEE-TAX ABATEMENT: Mr. Heath requested that the Ordinance Committee consider the Tax Abatement proposed by the MDRA Board for approved improvements to commercial structures in the Marion Downtown Special Services District. This item was continued.

TECHNOLOGY COMMITTEE: Mr. Warren asked if the Technology Committee has discussed the fiber optics trunk line through Smyth County as announced by Senator William Wampler and Delegate Bill Carrico. Mayor Helms noted that he and Mr. Clark attended a second meeting and this issue will be discussed at the next Quarterly Meeting of the Towns and County. The plan is to get together with the other localities and enter into a feasibility study to extend service.

FORMER MARION LIFE SAVING CREW BUILDING: Mr. Warren asked if renovations have begun at the former MLSC building. Mr. Clark responded that the Town has a plan to remove the two (2) large doors, replace windows, and repair the roof. Debris around the building has been removed. He added that it has been difficult to secure a contractor to work on this job.

ORDINANCE COMMITTEE-TAX ABATEMENT-MARION DOWNTOWN!: Mr. Heath requested that the Ordinance Committee study and make a recommendation on the proposed ordinance. Mayor Helms so ordered.

PATRIOT'S DAY: Mr. Heath advised that the Second Annual Patriot's Day will be held at 5:30 p.m. on September 11, 2003. Ceremonies will be held at the Smyth County Court House steps. All local fire, rescue, and law enforcement agencies have been invited to attend.

CHILI COOKOFF: Town Council plans to participate in the Rhythm & Roots Chili Cook-off in Bristol on September 20, 2003.

MSHS HOMECOMING PARADE: Chief Roberts stated that a request from MSHS has been received to conduct the Homecoming Parade on October 3 at 6:00 p.m. Chief Roberts will coordinate with MSHS on this event. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the request to conduct the MSHS Homecoming Parade was approved.

BEAUTY PAGEANT: Miss Mountain Dew Days Beauty Pageant will be held on October 11 at 4 p.m. at the MSHS auditorium.

MOUNTAIN DEW DAYS: Mountain Dew Days will be held on October 18, 2003 in Downtown Marion. Among the festivities are Hillbilly Games, food, entertainment, a Poker Run and of course plenty of Mt. Dew!

FALL FEAR BICYCLE RACE-HUNGRY MOTHER STATE PARK: The Fall Fear Bicycle Race will be held at HMSP on October 18, 2003 beginning at 9 am for the Youth Race and 10 am for the main race.

RESTAURANT EXCURSION: Mr. Heath advised that Town representatives should plan a trip to visit a potential new restaurant that is considering bringing their business to Marion. He will coordinate this trip.

BAND FESTIVAL: The First Annual Band Festival will be held in Downtown Marion on October 25, 2003.

SHUCK 'N' CLUCK: The 2003 Hungry Mother Shuck 'n' Cluck will be held October 25th on the Beach at Hungry Mother State Park from 6:00 p.m. until 11:00 p.m. Cost will be $25. Food will include roasted oysters, shrimp and chicken with the trimmings.

PULASKI OUTING: Mayor Helms reported that those attending the Pulaski baseball game, as a guest of the Town of Pulaski, had a great evening.

CIVITAN PARK: Mr. Cregger asked that the Civitan Park be mowed, as it is the site of their annual meeting.

DIRECTOR OF PUBLIC WORKS: Mr. Clark advised that 25 applications have been received for the position of Public Works Director. The Personnel Committee set a meeting for Thursday, September 4, 2003 to review these applications.

TAZEWELL-OUR SISTER CITY: VML has paired the Town of Marion and Town of Tazewell as "Sister Cities". Mayor Helms, Mr. Clark, Mr. Heath and Chief Roberts visited with Tazewell town officials last week.

PLYWOOD BOAT DERBY: Mr. Helms stated that the Town Council entry performed well at the Hungry Mother State Park Plywood Boat Derby on August 30, 2003. Town Manager John E. B. Clark, Jr. piloted the craft "The Mountain Dew" on behalf of the Town of Marion. However, the MD did not prove to be sea worthy enough to finish the race. Mayor Helms stated that the race was a good activity and all had a great time.

MOUNT ROGERS PLANNING DISTRICT MEETING: Mayor Helms reminded Council members of the MRPDC meeting to be held on Thursday, September 4, 2003 at the Washington County Fairgrounds in Abingdon, VA.

FOURTH STREET-REQUEST FOR IMPROVEMENTS: Mayor Helms requested that the Street Committee consider a request for improvements to Fourth Street.

EAGLE SCOUT PROJECT-CHRIS POWERS: Mayor Helms advised that Eagle Scout candidate Chris Powers is constructing a fence along Baughman Avenue as his Eagle project.

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



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