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 April 5, 2004 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Mark Warren, Mel Leaman, Eugene Hendrick, Buford Cregger and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Public Works Director Jack Perry; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Town Clerk/Director of Finance Dixie O. Sheets.

INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the Invocation. Eagle Scout Alex Rhodes led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Heath, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Burkett, Heath, Warren, Leaman, Cregger, Hendrick and Dr. Gates voted affirmatively.

VISITORS: Mr. and Mrs. Kyle Rhodes, Eagle Scout Alex Rhodes, Zeb Rhodes, Kim Hummel, Jody Arnold and Dr. Henderson Graham.

RESOLUTION FOR ALEX KYLER RHODES ON ACHIEVING THE RANK OF EAGLE SCOUT: Mayor Helms read the Resolution. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Resolution was adopted. Mayor Helms asked that Eagle Scout Rhodes present a brief overview of his Eagle Scout Project.

Eagle Scout Rhodes explained that an Eagle Scout Project must benefit the community. His project was to make improvements at the Mount Carmel United Methodist Church Cemetery. The project included fence repair, installation of concrete and sealer, mulching and planting. He also initiated the creation of a sign for identification. The project was reported to have taken 82 hours.

REPORT ON POSSIBLE RESTRICTION ON FORMER LIFE SAVING CREW BUILDING BY ADJOINING STRUCTURE- TOWN ATTORNEY: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.

APPROVAL OF BIDS ON STALEY STREET DRAINAGE PROJECT: Mr. Hicks reported that three (3) contractors expressed interest in the project. However, Teaters Trucking was the only contractor to submit a bid. The bid estimate was $94,000. Mr. Teaters’ bid was $100,030. The bid includes patching. It does not include paving on Wendy’s lot as the Town will pay for this. If approved, the anticipated completion date is 6/30/04. A lengthy discussion ensued. It was noted that funding for the project is not included in the Town’s current budget as a separate line item. Mr. Hicks advised that the project qualifies for Highway Maintenance Funds. Dr. Gates moved that approval be delayed until it is determined which Town projects are being funded by Highway Maintenance monies. Have all statements been paid? Which statements are outstanding? He included in his motion, that Mr. Hicks negotiate with Mr. Teaters on the cost of the project. Mr. Leaman seconded the motion. Mr. Burkett stated that the residents of Staley Street have had problems with the drainage for many, many years. He urged the Town to proceed with the project at the earliest possible date. Mr. Cregger stated that the residents did not want the Town to run the drainage line thru their rear yards. Mr. Fenyk advised that most of the construction will be performed in a 10 foot Town alley. A small area required an easement and D&D Construction granted the Town an additional 20 feet.

GILMAN STREET/EAST CHILHOWIE SREET CDBG ACTIVITIES: Mr. Clark reported that the project is moving along on schedule. The Housing Board has approved the bids. Staff met with the Fire Department to discuss demolition of four (4) properties. However, the Fire Chief only recommended one (1) for safety reasons.

PROPOSALS ON TREE AND PLANT MAINTENANCE IN SELECTED AREAS: It was noted that two (2) bids were received for maintenance of tree and plants in designated areas of the Town. Williams Lawn Service bid $6,800 and Evans Enterprises bid $5,995. The areas to be included are Main Street trees and plantings, all Welcome to Marion signs, and the Town parking lot area. Maintenance is to include pruning of trees and shrubs, mulching, weeding, spring and fall planting.

Mr. Leaman expressed concern that the Town crews should be trained and perform these duties. Mr. Cregger was in agreement. Mr. Hendrick advised that Mrs. Faire Patterson of the Wilderness Road Garden Club has stated that if the Town purchases the flowers, the Club would be willing to work with the Town on this project. Mr. Hendrick added that Shirley Blackwell of the Tree Board may be able to obtain an arborist from Virginia Tech to teach the Town employees. Mr. Warren suggested that the Garden Club may be able to assist with which plants should be cut or transplanted.

Dr. Gates stated that the Town needs a coordinated plan if the Town crew assumes responsibility of the maintenance. He further suggest that the Town may wish to hire someone and have certain Town employees to work with them to learn the maintenance process.

Dr. Gates moved that the contract be awarded to Evans Enterprises, in the amount of $5,995, and that the cost be split between two (2) budget years. Mr. Hendrick seconded the motion. Council approved the same by a vote of 5 AYES, 1 NOE (Leaman) and 1 ABSTENTION (Heath). Mr. Heath offered his services as the Town’s contact person for the tree and plant maintenance. Town Council accepted Mr. Heath’s offer.

PROCLAMATION OF CLEAN-UP DAY-CHAMBER OF COMMERCE DIRECTOR JODY ARNOLD: The Area Beautification Committee of the Chamber of Commerce of Smyth County, Inc. requested that the Town of Marion designate April 24, 2004 as “Smyth County Clean-up Day”. The date corresponds with Earth Day, and Arbor Day. Ms. Arnold read the Proclamation. Upon motion of Mr. Burkett, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Proclamation was adopted.

Mayor Helms advised that it has been the Town’s practice to pay any Town employee who participates in the project $25 for collection of litter from 8 am until noon. The Town will coordinate certain areas for employees to work.

NOTICE OF GRANT AWARD ON CAMPBELL AVENUE SEWER FROM APPALACHIAN REGIONAL COMMISSION: Mr. Clark advised that Gov. Warner announced that an ARC Grant Award for the Campbell Avenue Sewer Interceptor in the amount of $186,080 has been awarded to the Town of Marion. DHCD will work with the ARC and Town of Marion to finalize the grant process and proceed with the project. Mr. Clark stated that the total project cost is approximately $270,000. He added that an ARC grant requires a 50/50 match. Smyth County has agreed to share in the Town’s 50/50 match, up to $70,000. The Town anticipates $40,000-$50,000 as the Town’s share of the cost. Mr. Clark and Town Council expressed their appreciation to Mt. Rogers Planning District, in particular, Kim Hummel, for their assistance in a successful grant application.

Mr. Clark further advised that the Town has also applied for Tobacco Funding that may cover additional costs.

APPOINTMENTS TO PRE-DISASTER HAZARD MITIGATION TEAM: A new requirement of the Federal Emergency Management Agency (FEMA) is the creation of a Pre-Disaster Hazard Mitigation Team. Mt. Rogers Planning District Commission is assembling an advisory team to offer input on the Regional Pre-Disaster Hazard Mitigation Plan. The advisory team will consist of planners, emergency managers, engineers, E-911 Coordinators, Cooperative Extension Agents, state and local agency people, transportation officials and others. Mt. Rogers Planning District had recommended Town Manager John E. B. Clark, Jr. and Town Engineer Cecil Hicks as the Town’s representatives. Mr. Clark suggested that he and the Police Chief serve in this capacity. Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Mr. Clark and Chief Roberts will be the Town’s representatives on the Pre-Disaster Mitigation Team.

BIKEWAY PROJECT: Mr. Clark reported that the Town and Anderson and Associates, Inc. are waiting to receive official notice of the award of $372,489.40 from VDOT for the Park Boulevard Bikeway. The bid is $10,000 less than the actual bid by W-L Construction and Paving. At the direction of VDOT, they will be billing directly for inspection services.

MARION WELCOME CENTER: Dr. Henderson Graham informed Town Council that he has discussed, with MCTC Warden Kenneth Osborne, the possibility of utilizing 3 acres of land at Exit 45. A request for a donation of the property must be submitted to L. W. Huffman, Regional Director of Corrections of Roanoke, VA. The property could be developed into a Visitor’s Welcome Center for Marion. This matter was taken under advisement.

APPEALS BOARD CONFERENCE: Dr. Henderson Graham thanked Town Council for the opportunity to attend the Appeals Board Conference in Richmond, VA recently. He found the conference very informative and plans to share the information with the Town of Marion Board of Zoning Appeals.

SALUTE TO INDUSTRY SPEAKER: While in Richmond, Dr. Graham visited with the Virginia Secretary of Transportation. He invited him to be the guest speaker at the annual Salute to Industry Dinner. The Secretary agreed to attend. Mr. Heath moved that a letter of appreciation be sent to the Secretary. Mr. Burkett seconded the motion. Council approved the motion unanimously.

FINANCE COMMITTEE ON MARION INTERMEDIATE SCHOOL TRIP REQUEST: Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Council appropriated $250 to be paid to Marion Intermediate School for the upcoming trip for the Special Education Classes. Messrs Burkett, Warren, Leaman, Cregger, Hendrick, Heath, and Dr. Gates voted affirmatively.

FINANCE COMMITTEE ON FIRE TRUCK FUNDING: Ms. Sheets advised that bids were requested from all five (5) local banks to finance a fire truck in the amount of $382,755. The low bid was submitted by the Bank of Tazewell County for 3.45% for a 10 year period. Dr. Gates moved that the bid be awarded to the Bank of Tazewell County. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Burkett, Warren, Leaman, Cregger, Hendrick, Heath and Dr. Gates voted affirmatively.

TECHNOLOGY COMMITTEE ON GIS ISSUES: Mr. Hendrick stated that as Smyth County is no longer affiliated with Anderson and Associates with regard to hosting the GIS Website, the Town and County may be interested in jointly hosting the site. Mr. Hendrick informed Council members that the Town was under contract with Anderson and Associates until 12/2003. Since then, the agreement was on a month-to-month basis. Mr. Clark was asked to give notice to Anderson and Associates that the Town will no longer require their services. Chris King and IT Coordinator Todd Long are currently working on the Town GIS site. Mr. Hendrick also advised that the Town staff is phasing out leases, replacement of computers on a rotating basis and extending wireless internet to all Town departments.

Mr. Fenyk advised that County Attorney John Tate conveyed to him that private information may not be included in websites for public display. He further stated that Mr. Tate anticipates fees to be required of those accessing the websites.

ARBOR DAY: Mr. Hendrick announced that Arbor Day will be observed on May 4 at the Civitan Park. More information will follow.

SALUTE TO INDUSTRY: It was announced that the Salute to Industry festivities will be held on May 13, 2004.

MARION DOWNTOWN! ANNUAL DINNER: The Marion Downtown Annual Dinner will be held on May 20, 2004 at 120, Inc. located at 120 E. Main Street at 6:00 p.m..

BUILDING AND GROUNDS COMMITTEE: Mr. Cregger requested that a Building and Grounds Committee meeting be scheduled to discuss the deteriorating steps at the Senior Citizen’s Building and general clean up around the facility.

AUSTRALIAN VISITORS: Dr. Gates reported that it was his pleasure to conduct a tour of Marion to Australian visitors on Monday, April 1, 2004. The visitors were impressed with the Town.

HUNGRY MOTHER ESTATES: Mr. Warren asked for an update of the development of Hungry Mother Estates. Mr. Fenyk advised that he had discussed the matter with their Attorney, John Tate. Mr. Tate had informed Mr. Fenyk that the developers are prepared to leave the plans that have been preliminary presented to the Town as is. He added that the proposed ‘gated community’ has already been properly zoned for this purpose. The project may begin at any time. Mr. Fenyk stated that Mr. D. C. Walker and Mr. Jerry Lewis, HME developers, would like to appear before Town Council in the near future.

LUNCHTIME ON THE LAWN: Mayor Helms informed Council members that they have been scheduled to cook and serve hot dogs at Lunchtime on the Lawn on June 4.

SENIOR DAY AT THE COURTHOUSE: Mayor Helms announced that Senior Day will be held on the Courthouse Lawn on May 28th. This event is well-attended by the Town and County Seniors.

BIKEWAY PROJECT: Mr. Clark stated that W-L Construction will be performing the work on the Bikeway. The upgraded lighting for the project will be added as a safety issue.

INDUSTRY SURVEY: Dr. Graham stated that a review of the Industry Survey will be conducted at the Pioneer Restaurant on April 19, 2004.

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



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