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; and Police Chief Michael Roberts.
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 Dr. Gates, and vote of 7 AYES and 0 NOES, the minutes of the meeting held on 10/6/03 were approved as written and distributed. Messrs Burkett, Cregger, Hendrick, Leaman, Heath, Warren, and Dr. Gates voted affirmatively.
VISITORS: Steven Chapin, Al Moyers, Daniel Koenig, Brian Reed, J. S. Staley, Jr.
I-81 IMPROVEMENTS - PRESENTATION BY STAR SOLUTIONS: Mr. Steve Chapin presented an overview of the STAR Solutions proposal for the upgrade and expansion of I-81. Mr. Al Moyers accompanied him. Mr. Chapin cited the vehicle congestion and safety as the need for improvements to I-81. He referred to data provided by the Transportation Resource Board. The Board projected 20,000 trucks per day on I-81 by the year 2020. Funding for the project includes tolls on commercial truck traffic only (2/3 of total construction costs), federal earmarks, and VDOT's I-81 allocation. Cost of the project is estimated at $6.3 billion.
The plan includes a minimum of eight new lanes, a 20-year warranty on pavement. Truck rest areas in the median, where possible, interchanges and bridges. Trucks would be required to use inside lanes and would exit I-81 on "fly-over" ramps. They would not merge into outside lanes of car/pickup traffic to exit the interstate. The Star Plan further includes the use of intermodal facilities. The plan expects to remove 560,000 trucks from the interstate by utilizing the rail system.
Mr. Hendrick expressed concern that there is a strong truck lobby. He fears that the tolls would divert truck traffic to local roads, such as U.S. 11. Mr. Chapin did not feel that this would be a problem as trucks use I-81 as a way to travel north in the quickest way possible. Another concern was how the truck tolls are expected to affect recruitment of industry. Mr. Chapin responded that many states and cities impose tolls on truck traffic. "Tolls are a part of their life." Another concern was that the plan calls for sound barriers and concrete walls. Mr. Chapin explained that these would be used in metropolitan/more populated areas.
Mr. Heath stated that he is pleased that the STAR plan will keep the aesthetics of the road by not planning to construct sound barriers. He further stated that he is not in favor of placing tolls on passenger vehicles or passenger buses. Mr. Chapin stated that the proposal is based solely on tolls on commercial trucks with additional funding as identified.
Mr. Warren asked if the interchanges would remain the same. Mr. Chapin stated that there would be only minor adjustments, those proposed by the VDOT 1998 plan. Mr. Warren inquired as to when the Smyth County section of I-81 would be under construction. Mr. Chapin informed Council members that the project would begin construction in the Lexington/Staunton area and travel north and south at 30-mile intervals.
Dr. Gates asked if larger trucks would be allowed to travel I-81. Mr. Chapin advised that only those trucks legally allowed would travel I-81. This could change if multi trucks become legalized in Virginia.
Mr. Hendrick reminded Council that VDOT has requested comments on the proposals by November 4, 2003. Mr. Heath moved that a committee be formed to prepare a response from Town Council on the I-81 Improvement Plan proposals. Mr. Leaman seconded the motion. Mayor Helms appointed Mr. Heath, Mr. Hendrick and Mr. Cregger to the special committee. Council approved the same unanimously.
ZONING MAP-REPORT ON TOWN ZONING MAP, MAP CHANGES, SPECIAL USE EVALUATION- MR. DANIEL KOENIG-GRADUATE URBAN AFFAIRS AND REGIONAL PLANNING: Mr. Daniel Koenig was hired as an intern to research the Planning Commission and Town Council minutes to ascertain that all zoning changes have been correctly recorded on the zoning map. He was also asked to records all special use permits issued within the last 10 years. He presented an overview of his work accompanied with a detailed report. He noted 77 rezoning requests, with 57 approved, 10 were withdrawn and 10 were denied or died for the lack of a second. He stated that only 44 of the 56 approved changes could be crosschecked due to the lack of an address.
Mr. Koenig recommended that the planning commission record all zoning changes with an address and a tax code for each property. He added that the Town would have the capacity to cross check all future zoning once the tax codes are digitized. ArcGIS has the capacity to overlay maps and can help ensure that zoning changes are accurate on the zoning map.
Mr. Leaman moved that Town Council adopt recommendations made by Mr. Koenig and upon approval, that Mr. Clark and Mr. Hicks work with Daniel to verify the 13 properties. They also asked that Mr. Koenig be engaged to review the Special Use Permits issued by the Town. Mr. Heath seconded the motion. Mr. Leaman noted that the Commonwealth of Virginia requires adoption of the Zoning Map every five (5) years.
MANAGEMENT PLAN FOR GILMAN/EAST CHILHOWIE STREET COMMUNITY IMPROVEMENT PROJECT AND HOUSING REHABILITATION BOARD BY-LAWS: Dr. Gates moved that the Management Plan be adopted, as presented, contingent upon approval by Mr. Fenyk. Mr. Leaman seconded the motion. Council approved the same unanimously.
The Housing Rehabilitation Board consists of Mr. Clark, Mr. Helms, Mr. Leaman and John Tilson. Upon review of the By-Laws it was noted that in Section 3-3; 3-4 and 4-1, that the appointment and removal of members of the Board shall be made with the consent of Town Council. With these changes noted and upon motion of Mr. Heath, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the By-laws were approved.
CAMPBELL AVENUE SEWER-MEETING WITH COUNTY: Mr. Clark advised that the Town of Marion has requested that Smyth County pay one-half of the cost of the Campbell Avenue sewer project. The Town has applied for a grant from Appalachian Regional Commission (ARC), which required a 50% match. In the event that the funds are approved, the County and Town would share the 50% match equally. Total cost of the project has been estimated by Dewberry & Davis at $269,028. 50% of the cost, without ARC funding would be $134,514. With ARC funding in place, the match would be $67,257 for Smyth County and $67,257 for the Town. The Smyth County Sewer Committee will present a recommendation to the Smyth County Board of Supervisors at their November meeting. A Town of Marion representative will be in attendance at the meeting to answer any questions concerning the project.
Smyth County Board of Supervisors Member J. S. Staley, Jr. arrived at the Town Council meeting. Mr. Staley stated that the Committee plans to recommend that the County enter into a Memo of Understanding concerning the Campbell Avenue Sewer Project and budget $67,257 toward the project, contingent upon the Town's receipt of ARC funding. Mr. Clark advised that the amount is an estimate of the projected costs. Mr. Staley advised that if additional funding is needed, the amount must be re-negotiated with the Board.
Members of Town Council expressed concern about the news that Dewberry & Davis will be closing their office in Marion. Mr. Clark stated that the Town is involved in two major projects, the Chilhowie Street Bridge and Water Treatment Plant improvements, with D&D. He advised that they should have a local presence while these projects are underway.
RECREATION-SMYTH COUNTY APPROPRIATION: Mr. J. S. Staley, Jr., Smyth County Board of Supervisors, presented Town Council with a check in the amount of $10,000 for the Recreation Programs.
GILMAN STREET AND CEDARS WATER LINE BIDS: Mr. Hicks informed Council that the Cedars Water Line Replacement Project pre-bid conference has been conducted and four (4) contractors have expressed interest in bidding on the same. Bids will be opened on 10/24/03. The Gilman Street Project pre-bid conference has been conducted and bids will be opened on November 7, 2003.
CHILHOWIE STREET BRIDGE-MEETING WITH VDOT: Mr. Clark reported that Ken Brittle and Mark White, of VDOT, met with Town representatives and presented several innovative ideas on funding the Chilhowie Street Bridge project. However, Mr. Clark informed Council that the Town has been notified that the entire requested allotment has been approved by T-21 funds. He has received no official announcement, however. Mr. Heath reminded Council that T-21 monies are reimbursed. The Town must pay up front and apply for the reimbursement. The restoration is estimated to cost $452,000.
JOHN STREET SEWER COMPLETION: Mr. Hicks informed Council that the project is complete and within the budget. He added that one (1) resident, Denton Staley, participated in the cost of the manhole. Completion of this project opens four (4) additional lots for development.
WATER ACCOUNTABILITY: Mr. Clark reported that according to Water Treatment Plant Superintendent Bob Mason, the Town's water accountability is now 58%. The Town has worked diligently to identify leaks and replace/repair line to increase the accountability. This is an on going process for Town staff.
SPOT BLIGHT PROGRAM-ADOPTION OF GUIDELINES BY MRHA: Mr. Clark advised that the Housing Authority Board has adopted the Guidelines to be used in the Spot Blight Program. Two (2) properties have been identified and are currently being assessed to determine if they qualify under the Program. These properties are located on Pearl Avenue and Gilman Street.
PUBLIC WORKS SUPERINTENDENT POSITION: Mr. Burkett, Chairman of the Personnel Committee, asked that this item be continued.
ACCOUNTS: Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, payment of the accounts in the amount of $561,282.87, was approved. Messrs Burkett, Leaman, Heath, Warren, Cregger, Hendrick, and Dr. Gates voted affirmatively.
INVESTMENT REPORT: Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented.
ADELPHIA CABLE SYSTEM-BEGINNING OF RENEWAL PROCESS: Mr. Leaman moved that the Cable TV Committee review the current Adelphia Cable Franchise Agreement with the Town Attorney. He further suggested that the Town might wish to hire an outside attorney to assist with these negotiations. (A separate attorney assisted with the last franchise agreement involving Adelphia.) Mr. Heath seconded the motion. Council unanimously approved the motion to begin review and negotiations with Adelphia Cable
SPECIAL SERVICE DISTRICT-PROPOSED EXTENSION: Mr. Heath advised that the MDRA Board voted to request the Town consider extending the Special Service District from the Sheffey Street intersection to the intersection at College Street. The Special Service Tax would be assessed on two (2) properties located in the proposed area. Those non-residential structures would then be eligible for trash collection. They have also expressed an interest in the "period" streetlights and brick pavers on the sidewalk. Following discussion, Mr. Leaman moved that the request to extend the Special Service District be advertised for public hearing. The motion died for the lack of a second. Mr. Heath and Mr. Clark will prepare letters of notification of denial for those non-residential structures in the proposed areas.
SPECIAL USE PERMIT REQUEST-MR. WILLIAM WHITE- PRATER LANE: Mr. William R. White, AIA, has submitted an application for a Special Use Permit for his property located at 1305 Prater Lane for the purpose of having an office for a building construction consulting service. Mr. White is a licensed professional architect and works full time with a firm in Radford, Virginia. From time to time, he is approached to consult on local projects. His letter stated that no change would be made to the exterior appearance of his house. No equipment or materials will be stored in the yard. The permit would allow him to use a portion of the house as a home office. The $75 application fee has been submitted with the request. Tax reference number is 131-5-14. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, this item was set for Public Hearing on November 17, 2003 at 7:00 p.m. to consider this request.
LEAF PICK-UP SCHEDULE: The leaf pickup schedule is working well. The leaves will again be collected using a three "Zone" schedule. Zone 1 is described as those properties east of Chatham Hill Road and north of Highway 11. Zone 2 is identified as property west of Chatham Hill Road and North of Highway 11. South of Highway 11 is Zone 3.
BOARD OF ZONING APPEALS-RECOMMENDATION OF REAPPOINTMENT OF BILL BUCHANAN: Mr. Hicks advised that he has contacted Mr. Buchanan and he is willing to serve. Upon motion of Dr. Gates, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Town Council recommended reappointment of Bill Buchanan by the Smyth County Circuit Court. Mr. Fenyk will be asked to prepare the order for the Court.
BLUFF STREET- COMPLAINT OF TOO MUCH LIGHT: Mr. Warren reported that Mrs. Rae Grissom has complained about the dusk-to-dawn light at the Civitan Park located on North Church Street. Mrs. Grissom informed Mr. Warren that the light shines into her home and disturbs their sleep. Mayor Helms stated that the light has been relocated once already and referred this complaint to the Street Light Committee for review.
INSURANCE FOR RETIREES: Mr. Warren asked about the status of retirees who have elected to extend coverage after retirement. He stated that some retirees have been notified that they must pay their premium at home rather than to the Town office. Ms. Sheets advised that the recent letters mailed to retirees relate to those with AFLAC. The company policy does not allow the Town to collect and remit the premiums for those retired individuals. Mr. Warren advised that the retirees were concerned that the Town was dropping them from all coverages extended to retirees. Presently the only coverages affected by the change are those with AFLAC. This doesn't affect Colonial, Trigon, or other insurance coverages.
CHATHAM HILL ROAD-TRAFFIC LIGHT OUTAGE: Mr. Cregger commended the Police Chief and Officers for their work directing traffic while the traffic light was out of service due to an automobile accident.
TRAFFIC - NORTH MAIN STREET: Mr. Cregger noted that the traffic flow on North Main Street has improved. Mr. Hicks reported that adjustments were made to the timing of the light at Hardees (Chatham Hill Road/Lee Street/N. Main St.) and repairs to the traffic light at Wendy's on North Main Street.
WATER REPAIR-LESLIE STREET: Mr. Cregger advised that the Town crew attended to a recent water line break on Leslie Street. He commended the men for their prompt attention to the problem, a great clean up job and checking with the area residents to ensure that all were satisfied with the repairs and cleanup
VIRGINIA 2007 COMMUNITY PROGRAM: Mr. Heath advised that he has been in contact with Amy Ritchie concerning the Virginia 2007 Community Program. She advised that a community create a 2007 planning committee and a rough idea of a legacy project(s). Those projects could change as the planning process proceeds. Mr. Heath moved that the Town form a committee and participate in the Virginia 2007 Community Program. Mr. Leaman seconded the motion. Mr. Heath volunteered and Mayor Helms selected him to begin work on this project.
MT. DEW, VIRGINIA: Upon motion of Mr. Leaman, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, a Resolution was adopted to rename the Town of Marion, Virginia to Mt. Dew, Virginia for Saturday, October 25, 2003. Mr. Heath advised that festivities for Mt. Dew Day on October 25, 2003 are as follows: 10 am - Parade/Band Festival; Trick or Treat on Main Street from 11 am-1 pm; Noon - 6:00 p.m.-Band Festival Competition at the high school; and hillbilly games on Main Street at various times. At 6 p.m., the First Annual Shuck 'N Cluck will be held at Hungry Mother State Park Beach. Vittles will include, oysters, shrimp, chicken, potatoes, and corn on the cob. Mr. Heath urged everybody to bring a blanket and a chair to the Beach for a night of good eating and fun. Music will be provided by H. B. Beverly & Company. Mr. Heath was on WJHL-TV at 6:30 a.m. on October 23, 2003 to promote the events.
CEMETERY STREET COMPLAINT: Mr. Clark advised that he has been working on the complaint by neighbors concerning debris being dumped on property along Cemetery Street. Mr. Clark stated that he was advised that initially the property owner to prevent turning of vehicles dumped the debris there. Mr. Clark has contacted the enforcement officer but has not discussed the problem with the complainant. This item was continued.
PTO DUCK RACE: Mr. Helms advised that a letter of thanks was received from the PTO concerning the Town's participation in the Annual Duck Race.
POLICE OFFICERS COMMENDED: Mrs. George E. (Pam) Walker expressed her appreciation to Town Police Officers during the recent passing of her husband, Dr. Walker. Also, Mrs. Pat Garnand commended Officer Hagy for his assistance in response to a 911 call made by Mrs. Garnand on her way to the emergency room with her husband.
STREET COMMITTEE-REQUEST FOR LEFT TURN AT COMMERCE AND CHERRY STREETS: Ms. Shirley Spencer had asked Mayor Helms to investigate the possibility of a approval of a left turn from Commerce Street/Cherry Street. This item was referred to the Street Committee for consideration and report.
VML ANNUAL MEETING: Those attending the Annual VML Meeting reported a successful and informative conference.
GIS: Mr. Hicks reported that the Engineering Department used the GIS program to produce the Leaf pickup map. They are in the process of entering the tap map onto the system. A report on the progress will be made at the Nov. 17, 2003 meeting.
SCOTT SPRING: Mr. Clark reported that the Scott family has submitted a list of general guidelines with regard to the Town securing the spring on their property as a water source. Mayor Helms referred this matter to the Finance and Water Committee for study and recommendation.
FIRE COMMITTEE: Mayor Helms reminded the Fire Committee of the meeting to be held at 8:30 a.m. on Saturday, October 25, 2003.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.