Minutes September 7 , 2000

COUNCIL MEETING MINUTES
November 20 , 2000

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 November 20, 2000 at 7:00 p.m.

PRESENT: Mayor David P. Helms; S. S. Burkett, Mel Leaman, Sam Mutter, Eugene
Hendrick, Buford Cregger and Ralph Price, Council Members; Town Manager John E. B.
Clark, Jr.; Town Engineer Cecil Hicks; Purchasing Agent B. J. Hamm; Police Chief
Michael Roberts; and Town Attorney Mark Fenyk.

INVOCATION/PLEDGE TO THE FLAG: Rev. DeHart of Grace Methodist Church
rendered the invocation and Mayor Helms led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 6
AYES and 0 NOES, the minutes of the meeting held November 6, 2000 were approved as
written and distributed. Mr. Hendrick, Mr. Price, Mr. Mutter, Mr. Burkett, Mr. Leaman
and Mr. Cregger voted affirmatively.

VISITORS: Frances Detweiler, Mrs. Ben Halsey

NOTICE OF ARBITRATION HEARING: This matter will be discussed in Closed
Session.

SET PUBLIC HEARING-ADOPTION OF UTILITY LICENSE TAX NECESSARY TO
ENSURE REVENUE IS RETURNED TO THE TOWN OF MARION: Upon motion of
Mr. Hendrick, seconded by Mr. Burkett and vote of 6 AYES and 0 NOES, the Public
Hearing was set on December 4, 2000 at 7:00 p.m.

VML SAFETY MEETING: Mr. Clark advised that a meeting has been scheduled with
Rick Post, of the VML, to consider enhancement of the Town’s Safety Program. The
meeting will be held November 28, 2000 at 10:00 a.m. Plans include safety meetings bi-
monthly, on days of inclement weather, incorporating materials and presentation from the
VML Safety Library, Marion Lifesaving Crew and Marion Volunteer Fire Department.

COMPLAINT PROCEDURE: Mr. Clark stated that the Town staff is in the process of
developing a formal “Follow up Procedure for Complaints”.

BIRDING TRAIL PROGRAM AND RESOLUTION: Upon motion of Mr. Cregger,
seconded by Mr. Hendrick and vote of 6 AYES AND 0 NOES, Town Council endorsed
the efforts of the Department of Game and Inland Fisheries in including birding trails as a
component of TEA-21 funding. The program would tie in well with the Riverwalk and
the Middle Fork of the Holston River that runs through Town.

VIRGINIA PUBLIC AUTOHRITIES AGREEMENT FOR THE PURCHASE OF
ELECTRICITY FROM APPALACHIAN POWER COMPANY: Upon motion, duly
seconded, and vote of 6 AYES and 0 NOES, this matter was referred to the Town
Attorney and Finance Committee for study. Mr. Leaman suggested that aVML be
contacted concerning this item, as the Town is a participant in an agreement with VML on
such matters.

ACCOUNTS: Mr. Burkett moved that the Accounts be approved for payment in the
amount of $514,668.74 from the General Fund. Mr. Price seconded the motion, which
carried by a vote of 6 AYES and 0 NOES, Mr. Burkett, Mr. Mutter, Mr. Price, Mr.
Cregger, Mr. Leaman, and Mr. Hendrick voted affirmatively.

INVSTMENTS: Upon motion of Mr. Mutter, seconded by Mr. Burkett and vote of 6
AYES and 0 NOES, the Investments were approved as presented. Mr. Burkett, Mr.
Mutter, Mr. Price, Mr. Cregger, Mr. Hendrick and Mr. Leaman voted affirmatively.

SEWER PROBLEM-640 DOVER STREET-MRS. BEN HALSEY: Mrs. Halsey
addressed council concerning several bills she has incurred due to sewer problems at her
residence. Mrs. Halsey stated that Roto Rooter cameraed her line and determined the
stoppage in her line was due to a defect in the main line. Town staff has corrected this
problem. Mrs. Halsey requested the Town reimburse her for monies expended as a result
of this problem. The Finance Committee will consider the request for reimbursement.

HEALTH INSURANCE RATES-FINANCE COMMITTEE: Mr. Burkett reported that
the Town of Marion’s insurance program with Trigon experienced an increase in rates of
5.7%. The Committee recommends that the Town absorb the increase for the period
12/l/00 to 11/30/01. They further recommended that a letter be prepared for each covered
employee indicating that the Town will pay the increase in premium due to the reduction
in claims for the year 12/1/99011/30/00 and that employees be commended for helping
keep claims costs down. Any further increases will be reviewed on an annual basis. Mr.
Burkett moved that the recommendation of the Finance Committee be approved. The
motion was seconded by Mr. Price and carried by a vote of 6 AYES and 0 NOES. Mr.
Burkett, Mr. Price, Mr. Cregger, Mr. Hendrick, Mr. Mutter, and Mr. Leaman voted
affirmatively.

WATER COMMITTEE-ROUTE 16 WATER LEAK: Mr. Hicks advised that a leak on
Route 16 behind John Deere tractor dealership and H. S. Williams is loosing a great deal
of water. He stated that an area of approximately 3000 feet should be discontinued and
the old line valved off at two locations. The service area could be connected to the new
16 inch line coming from the Town Spring. Mr. Hicks recommended a contractor
complete the project due to the fact that the area has been filled in and the line is
approximately 15 feet underground and performed on an emergency basis.

WATER COMMITTEE-ADJUSTMENT OF BILL: Mr. Martin Bocock of Wytheville,
VA, owner of a cabin at Hungry Mother Park, requested adjustment of his water bill due
to extenuating circumstances. Mr. Burkett stated that this is rental property and was
vacant during this time. He added that Mr. Bocock repaired the leak immediately upon
being made aware of it. The bill was adjusted according to policy. The Water Committee,
upon request of the property owner, may consider an exception to policy. Mr. Burkett
moved that Mr. Bocock’s bill be adjusted to $500, to be paid over a 12 month period, and
that he pay current bills by the due date. The motion was seconded by Mr. Hendrick and
carried by a vote of 4 AYES and 3 NOES, (Mutter, Cregger, Leaman). The tie was
broken by Mayor Helms’ affirmative vote.

WATER COMMITTEE-SNIDER BRANCH WATER LINE REPLACEMENT
PROJECT: Mr. Hicks informed Council that the line at Snider Branch is corroding from
the inside of the pipe. The plan is to replace the 1-½ inch line with a 2-inch line. This will
service the Town’s 9 customers. The estimated cost of the project is $51,000. Mr.
Leaman moved that the Town accept the Engineer’s presentation. The motion was duly
seconded and approved by a vote of 5 AYES and 1 NOE (Mutter). Mr. Mutter
expressed concern with bidding due to statement of estimate. He felt that contractor’s
bids might be affected by publicly announcing estimates. Mr. Fenyk advised that the
project must be bid.

WATER COMMITTEE-REQUEST FOR SPECIAL RATE-SMYTH COUNTY
SCHOOL BOARD: Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of
6 AYES and 0 NOES, this item was continued for further study.

SMYTH COUNTY COMMUNITY HOSPITAL-DONATION TO MARION
VOLUNTEER FIRE DEPARTMENT: Mayor Helms informed Council that $5,000 has
been donated to the MVFD and deposited into the Fire Truck Fund.

FLU SHOTS: Mayor Helms stated that the flu vaccine continues to be in short supply and
is only available to the elderly and chronically ill. The Town had intended to provide flu
shots to employees. However, it is unknown when the vaccine will be available.

CHRISTMAS PARADE: Mayor Helms expressed the Town’s appreciation to those
responsible for the Annual Christmas Parade. Marion Downtown! Executive Director,
Ken Heath, served as Grand Marshall. Marion Rotary Club was also commended for their
commitment to this project.

ZONING-LETTERS TO OWNERS OF INOPERABLE VEHICLES: Mr. Price stated
that he had received complaints concerning “Notice of Violation” of the Zoning Ordinance
for inoperable vehicles. Mr. Hicks stated that the vehicles must be currently tagged and
inspected or covered. The Engineering Department periodically checks throughout Town
for inoperable vehicles and signs that are not in compliance with the Zoning Ordinance.

CHRISTMAS DECORATIONS: Mr. Price reported that the Rotary Club cleaned the
Christmas decorations. He suggested that the Town consider the purchase of new
decorations for next season. This item will be included in Budget preparation for FY
2001-2002.

TV3: Mr. Price suggested that another picture of Town council be taken for use on TV3.
The current picture is not of good quality. Mayor Helms stated that individual pictures
might be taken of each Town Council member for TV3.

CHILDHOWIE RESCUE SQUAD: Mr. Mutter asked that Town staff contact the
Chilhowie Rescue Squad and Chilhowie town Council to determine if the Town of Marion
can assist in any way to re-establish the Chilhowie Rescue Squad.

PURSUANT TO VIRGINIA CODE SECTION 2.1-344. (A1 and A7) and upon motion
of Mr. Hendrick, seconded by Mr. Price and vote of 6 AYES and 0 NOES, Council
entered into Closed Session for the purpose of discussing matters of personnel and
pending litigation. Mr. Hendrick moved that Council return to Open Session and that it be
known that only those matters legally exempted from Open Session were discussed during
Closed Session. The motion was seconded by Mr. Price and carried by a vote of 6 AYES
and 0 NOES. Mr. Mutter, Mr. Cregger, Mr. Price, Mr. Hendrick, Mr. Leaman and Mr.
Burkett voted affirmatively.

NOTICE OF ARBITRATION-ASSOCIATED CONSTRUCTION/FIRE STATION
PROJECT: Upon motion of Mr. Leaman, seconded by Mr. Hendrick and vote of 6 AYES
and 0 NOES, this matter was referred to the Town Attorney, Town Manager, Town
Engineer, and Fire Department to meet with Associated Construction to resolve this
matter.

FIRE LANE VIOLATIONS: Mr. Price moved that the Town Engineer contact the Fire
Marshall and Building Inspector to notify businesses that fire lanes be brought into
compliance by 1/1/01. The motion was seconded by Mr. Leaman and carried by a vote of
6 AYES and 0 NOES.

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

__________________________________ __________________________________
Mayor Clerk