COUNCIL MEETING MINUTES
October 6, 2003
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 6, 2003 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 6, 2003 at 7:00 p.m.

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

INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the minutes of the meeting held on 9/15/03 were approved as written and distributed.

Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of the Special Called Meeting held 9/29/03 were approved as written and distributed.

VISITORS: Kim Hummel, Jeff Spickard, Clayborne Gwyn, Dr. and Mrs. Charles Wassum, John Lambert, Jr.

FLUOR CORPORATION: Two companies have prepared proposals to upgrade the entire I-81 Corridor. The project will be constructed under the Virginia Public-Private Transportation Act.

Mr. John Lambert, Jr. presented an overview on the Fluor Proposal for Interstate 81Corridor Improvements. The Fluor Plan requires no Federal or State Funding. Toll Revenue would pay for the entire project. The plan includes the following:
1) Adds one new lane in each direction, using the median
2) Left lane will be for cars only
3) Up to 10 truck-climbing lanes in strategic places
4) Entrance and exit maneuvers will work as they do now
5) 87 total interchanges reconstructed
6) Full open-lane tolling of cars and trucks on all lanes
7) Toll Fee for Trucks $0.17 per mile
8) Toll Fee for Cars $0.05 per miles
9) Free local travel (less than 10 miles)
10) Discounted frequent user rates
11) Tolls commence in 2012 at half price
12) Project completion in 2014
13) Tolls end in 2048
Tolls will be collected electronically. There will be no toll plazas. There are three methods of toll collections: 1) A photograph will be taken of the vehicles traveling and appropriate bills mailed to the vehicle owners. 2) The traveler may call ahead and give their tag number and visa card number. 3) Just get on I-81 and the photo would be taken and a statement sent. It was noted that currently tolls couldn’t be charged on cars. However, a bill will be considered by the General Assembly to allow the toll of cars.

The project would be constructed in segments. The area around the Town of Marion/Smyth County will be completed by 2009. A lengthy discussion ensued.

STAR Solutions will present their proposal at the meeting of 10/23/03 at 7:00 p.m.

MOUNT ROGERS PLANNING DISTRICT COMMISSION: Kim Hummel represented MRPDC at the meeting. She stated that localities have been asked to relay their ideas for the project and comments of the two (2) proposals to VDOT. MRPDC is preparing a formal resolution reflecting the needs of the region and their feelings about the proposals. She advised that VDOT has emphasized that, in the end, the Environmental Impact Statement will guide the plan. She added that the EIS would be performed in two (2) tiers. One analysis will identify potential problems and the next would be a more in-depth study of those areas affected. VDOT will prepare an estimate of the cost of the project.

Ms. Hummel noted that many locals have expressed interest in involving rail traffic in the project to alleviate traffic problems. The impact with rail is more complicated. Those participating would be required to haul at least 500 miles (involving other states as I-81 is 325 miles long) and involve more rail companies.

CIVIC/FRATERNAL SIGN: Mr. Clark advised that 44 letters were mailed to civic/fraternal clubs in the Marion area to identify interest in having their organization’s logo displayed on the sign. Town asked that response be returned by November 1, 2003.

FLU SHOT REQUEST: Upon motion of Dr. Gates, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Council agreed to pay for flu shots for those employees willing to take them.

CEDARS WATER PROJECT: Mr. Hicks advised the Cedars Water Project would be a complete replacement of the lines. The design is complete and is ready to bid. Bids will be scheduled to close on 10/24/03. The project will take 90 days to complete. Upon motion of Dr. Gates, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, Council authorized the Town Engineer to advertise the project for bid.

GILMAN STREET WATER PROJECT: Dewberry and Davis representative, Jeff Spickard, informed Council that the Gilman Street Water Project pre-design has been reviewed and accepted by the Virginia Department of Health. He added that the final design has been submitted for review and acceptance by the Virginia Department of Health. Upon motion of Mr. Burkett, seconded by Mr. Leaman and vote of 4 AYES and 3 NOES (Hendrick, Cregger, Gates) Council authorized the Town Engineer to advertise the project for bid. Mr. Spickard stated that only drainage problems are yet to be addressed and will be by the time the Town considers construction bids. Mr. Clark advised that the residents were consulted concerning the fall/winter construction period. He noted that they are anxious for the additional water pressure and fire protection.

SPOT BLIGHT PROGRAM-ATTORNEY: Mr. Fenyk advised that two (2) properties have been identified that may be considered blighted. A copy of the guidelines for the “Spot Blight Program” will be presented to the Marion Redevelopment and Housing Authority for consideration and adoption.

LAND ACQUISITION TITLE OPTION-GILMAN STREET: Mr. Fenyk stated that he would prepare the Title Option to purchase property on Gilman Street. He will request that judgments be waived. If not, the Town may move forward with condemnation procedures. Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was continued.

CAMPBELL AVENUE SEWER: Mr. Clark reported that at the Town & County meeting to discuss the Campbell Avenue Sewer Project, it was explained that the interceptor line serves the economic development corridor of the County. The Town was invited to the Smyth County Budget Committee meeting on October 8, 2003 at 8 a.m. to discuss possible County participation in the project.

ORDINANCE COMMITTEE-TAX ABATEMENT PROPOSAL: Mr. Heath stated that the tax abatement proposal would relate only to improvements to commercial structures in the Downtown Service District The Marion Downtown Revitalization Board Planning Committee is developing a review board to determine guidelines for the tax abatement proposal. Dr. Gates moved that Mr. Heath and MDRA continue to develop the criteria and report back to Council. Mr. Hendrick seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).

PERSONNEL COMMITTEE-PUBLIC WORKS SUPERINTENDENT CANDIDATES: Mr. Clark reported that twenty-five (25) applications were received. Six (6) individuals have been invited for interviews. These will be held later this week.

STREET COMMITTEE-FOURTH STREET REQUEST: Mr. Hicks reported that a resident near Lincoln Hill Baptist Church has requested that the Town determine if 4th Street runs thru the property. He noted that there is no road shown on the tax map. Council asked Mr. Fenyk to work with Mr. Hicks and the Engineering Department to research the deed and determine if there is a ‘paper’ street or right of way in this area. Council asked that Mr. Hicks contact the individual and inform him/her that the Town continues to investigate this matter.

PRATER WATER TANK ROAD: Mr. C. B. Gwyn requested that the Town assist him in dealing with East Tennessee Natural Gas Company (Murphy Brothers Construction Company). He stated that the contractors came thru his property, without permission and across the Town right-of-way to the Prater Water Tank. He advised that they had destroyed the road to the tank as well as property at his home. Dirt is washing down on adjacent property owners. Mr. Clark stated that the Company has not contacted the Town. Mr. Clark was asked to contact Murphy Brothers.

TECHNOLOGY ZONE/MARION PLANNING COMMISSION: Mr. Clark was asked to send letters to the Planning Commission members explaining that the Technology Zone designation is not a zoning issue.

MCMILLAN/BERG PROPERTY-815 NORTH MAIN STREET: Mr. Warren asked that it be determined if the alleyway between Mr. Berg’s property and Wendy’s has been vacated by the Town. Mr. Heath moved that determination be made concerning a possible town alleyway between Wendy’s and the property located at 815 N. Main Street. Mr. Leaman seconded the motion. Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Warren).

MACADO’S: Dr. Gates thanked Town officials in helping to secure the Macado’s restaurant for Main Street. He stated that he is encouraged by the comments of the management of the chain. He feels it is a good fit for the Lincoln Theatre and good for Downtown and the community.

STREET COMMITTEE-MACADO’S REQUEST: Mr. Hendrick informed Council of a request from the Macado’s restaurant management that the Town allow them to dismantle the steps to the former post office building, currently Post Office Antique Mall, and move forward 30 inches. This would allow the entrance to meet current ADA guidelines. Handrail extensions and plantings would be installed. The sidewalk would then be 10 feet wide. Upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 6 AYES and 1 ABSTENTION (Heath), Council approved the request to move the steps forward toward the street 30 inches. Mr. Fenyk advised that Council would remain responsible for what ever is built on its property.

MOUNTAIN DEW DAY & BAND FESTIVAL: Mt. Dew Days and Band Festival will be held on October 25, 2003. The parade will begin at 10 am. Trick or Treat Main Street will be held from 11 am until 2 pm. The Band competition will begin at Noon. Festivities will continue at the First Annual Shuck ‘N Cluck at the beach at Hungry Mother State Park at 6:30 p.m.

CHILI TEAM: Mayor Helms stated that the Marion Chili Team participated in the Rhythm and Roots Celebration in Bristol.

RESCHEDULE MEETING: Due to Town officials attending the VML Annual Conference in Roanoke, the next meeting has been rescheduled to October 23, 2003 at 7:00 pm.

PERSONAL PROPERTY TAX: Ms. Sheets informed Council that 2003 Personal Property Taxes would be mailed this week.

PEARL AVENUE “NO PARKING” SIGNS: Mr. Cregger advised that the “No Parking” signs on Pearl Avenue have been removed and residents are using the area to park vehicles along the street. Chief Roberts was asked to check on this and that the signs be reinstalled.

TRAFFIC CONGESTION ON NORTH MAIN STREET: Mr. Cregger stated that at lunchtime and in the afternoons traffic on North Main Street, especially at the railroad tracks, becomes congested. Mr. Hicks was asked to check the traffic indicator at Chatham Hill Road/N. Main Street/ and Lee Street to determine if this light might be used to alleviate part of this problem.

CHILHOWIE STREET BRIDGE: Mr. Cregger suggested that the Town investigate the possibility of opening the Chilhowie Street Bridge to car traffic only. He further suggested installing supports under the bridge. Several members of Council felt that inspectors had determined the bridge unsafe and were not in favor of opening the bridge. Mr. Cregger asked that VDOT be contacted concerning traffic counts on the Chilhowie Street Bridge. Mr. Leaman stated that the Town elected to refurbish the old bridge to the style as it currently stands. The cost of a new, modern bridge was not considered. Mr. Clark advised that the T-21 funding has not been announced and that this will be a long-term project. He noted that $10,000 was previously granted for a preliminary engineering report (PER) and that the report revealed that the bridge is unsafe underneath where the floor system is located.

CLOSED SESSION: Pursuant to Virginia Code Section 2.2-3711 (A3) and upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss acquisition of water rights. Mr. Hendrick moved that Council return to Open Session and that it be made known that only those matters legally exempted from Open Session and identified in the motion were discussed during Closed Session. Dr. Gates seconded the motion. Council approved the motion unanimously. The Clerk polled the Council. Messrs Burkett, Leaman, Cregger, Hendrick, Heath, Warren and Dr. Gates voted affirmatively.

CLOSED SESSION: Pursuant to Virginia Code Section 2.2-3711 (A3) and upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss acquisition of real property. Mr. Hendrick moved that Council return to Open Session and that it be made known that only those matters legally exempted from Open Session and identified in the motion were discussed during Closed Session. Mr. Heath seconded the motion. Council approved the motion unanimously. The Clerk polled the Council. Messrs Burkett, Leaman, Cregger, Hendrick, Heath, Warren and Dr. Gates voted affirmatively.

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



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