PRESENT: Mayor David P. Helms; S. S. Burkett,  Buford Cregger, James Gates, and Ralph Price, Council Members; Town Manager John Clark; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; and Purchasing Agent B. J. Hamm.

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Mr. Brian Cregger and the Pledge to the Flag was led by Mayor Helms.

MINUTES: Upon motion, duly seconded, and vote of 4 AYES and 0 NOES, the minutes of the meeting of January 4, 2001 were approved as written and distributed.

VISITORS: Tracy Neville-Hertig, John and Judy Taminger, J. S. Staley, Jr., Brian Cregger, Neil Castrodale, Dr. Marvin Winters, Joe Blaylock, Patty Belcher, Sarah Kegley, Clayborne Gwyn,  J. J. Kelly, Anna Johnston, Bobby Cox, Bob Elam, Shirley Blackwell..

PUBLIC HEARING-HIKING/BIKING TRAIL: Mr. John Taminger, Friends of Hungry Mother State Park, briefly explained the Pedestrian Hiking and Bike Path Project.  This Public Hearing is to receive input on the construction phase of the project.  Mr. Taminger stated that Engineering on the project is incomplete at this date.  Clayborne Gwyn spoke in favor of the project.  He stated that Hungry Mother State Park is the largest tourist attraction in Smyth County and that the project would be an enhancement to the Town of Marion and Smyth County area.  Town Manager John Clark reported that he, Mr. Taminger, and County Administrator Ed Whitmore met concerning this project.  The Town of Marion is the applicant for funding.  As the project extends into the County, Smyth County has agreed to participate in  matching funds for the project.   The split would be 60% for the Town in the amount of $48,000 and 40% for the County in the amount of $32,000 for a total match of $80,000.

Mr. Taminger explained that part of Phase I is to determine the ownership and maintenance of the path.  Dr. Gates stated that the Friends of Hungry Mother Park has been instrumental in the development of the Hiking/Biking Trail.

Mr. J. J. Kelly, Park Manager, informed Council that some existing trails within the park have been extended to totally encompass the lake.  The Park project includes three (3) bridges.  Funds for the project were provided by an ISTEA grant of $120,000 and is expected to be complete by the end of February, 2001.

 
PUBLIC HEARING-SPECIAL RATES FOR SMYTH COUNTY PUBLIC SCHOOLS: Clayborne Gwyn spoke in favor of the proposed Special Rates for Smyth County Public Schools.  Smyth County School System Superintendent, Dr. Marvin Winters, represented the Smyth County School Board.  He noted the excellent relationship between the Town and School Board. He referred to the shared use of property owned by the School Board and maintained by the Town Recreation Department for recreational purposes.  These include playgrounds, tennis courts, parks, ball fields and gymnasiums.  The Town also removes snow from Marion Primary, Marion Intermediate, Marion Middle and Marion Senior High Schools.  He expressed the Board=s appreciation for considering the special rate for public schools.  The rate would help school budgets go further. The proposed rate is $2.00 per 1,000 gallons of water.  The sewer charge would remain the same.  Upon motion, duly seconded and vote of 4 AYES and 0 NOES, the Special Rate for Public Schools was adopted.

RESOLUTION-HIKING/BIKING TRAIL: Ms. Sheets read the Resolution requesting T-21 funding for the Development of the Marion Pedestrian and Bike Path .  Upon motion of Dr. Gates, seconded by Mr. Price, and vote of 4 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION-CHILHOWIE STREET BRIDGE: Ms. Sheets read the Resolution requesting funding from the  Commonwealth Transportation Board  for the Refurbishment of East Chilhowie Street Bridge.  Upon motion of Mr. Cregger, seconded by Mr. Burkett, and vote of 4 AYES and 0 NOES, the Resolution was adopted.

AEP AGREEMENT-TRACY NEVILLE-HERTIG: Tracy Neville-Hertig, AEP representative, was present to entertain questions concerning the AEP agreement as negotiated by VML/VACO for local governments for a period of 24 months.  Upon motion of Dr. Gates, seconded by Mr. Price and vote of 4 AYES and 0 NOES, Council adopted the agreement.

AUDIT PRESENTATION - ALBANO & ASSOCIATES - PATTY BELCHER: Mrs. Belcher presented a brief overview of the financial status of the Town of Marion for FY 1999/2000.  Upon motion of Mr. Burkett, seconded by Mr. Price and vote of 4 AYES and 0 NOES, the Audit Report was accepted.

UNITED CITIES GAS COMPANY FRANCHISE AGREEMENT - JOE BLAYLOCK:   Mr. Joe Blaylock presented a sample Ordinance granted to United Cities Gas Company, a franchise to operate and maintain a natural gas transmission and distribution system in the Town of Marion.  Accompanying Mr. Blaylock was Bobby Cox and Bob Elam.  The current franchise will expire in May, 2001.  Upon review of the proposed franchise agreement, Mr. Fenyk suggested that a time limit be set to review renewal of the agreement.  Mr. Burkett moved that this matter be referred to the Ordinance Committee and Town Attorney.  The motion was seconded by Dr. Gates and carried by a vote of 4 AYES and 0 NOES.

ACCOUNTS: Upon motion of Dr. Gates, seconded by Mr. Price, and vote of 4 AYES and 0 NOES, $578,616.73 was approved for payment from the General Fund.

INVESTMENTS: Upon motion of Mr. Burkett, seconded by Mr. Price, and vote of 4 AYES and 0 NOES, the Investment Report was approved.

HABITAT FOR HUMANITY- 5K FUN RUN:   Neil Castrodale requested permission to hold the Third Annual Habitat for Humanity 5K Fun Run on Saturday, May 19, 2001 at 8:00 a.m.    Upon motion, duly seconded and vote of 4 AYES and 0 NOES, permission to hold the Fun Run was granted and Mr. Castrodale was directed to coordinate the Run with Police Chief Roberts.

 
PERSONNEL/POLICE COMMITTEE REPORT-PROBATIONARY REPORT ON POLICE CHIEF MICHAEL ROBERTS: Dr. Gates reported that the Committee has reviewed Chief Roberts= progress and moved that he receive a favorable review and be removed from probation.  The motion was seconded by Mr. Burkett and carried by a vote of 4 AYES and 0 NOES.

SNOW AND ICE REMOVAL: Mayor Helms stated that the snow and ice removal has gone well this winter.

CHRISTMAS DECORATION:   Mayor Helms reported that Christmas decorations have been removed and the Town will be working with Marion Downtown!  On considering the purchase of new decorations.

BUDGET PROCESS: Mayor  Helms reported that the budget process will begin soon.

LEGISLATIVE DAY: Mayor Helms stated that he and Manager Clark will attend this meeting in Richmond on February 1, 2001.

SMITHFIELD: Mayor Helms advised that he and Mr. Clark will visit Smithfield, Virginia on February 2, 2001.  Smithfield is the Sister City to the Town of Marion.

TRANSIT: Mayor Helms informed Council that he rode the Transit Bus recently.  He was very impressed with the service that the bus provides and encouraged others to Ride the Bus.

FLAGS DISPLAYED: The Town of Marion and VFW have worked out an agreement with Boy Scout Troop 93 to display the U. S. Flags along the streets of Town.  Chief Roberts will coordinate this with the Scouts.

FIRE STATION/TOWN ATTORNEY: Mr. Fenyk reported that the Town will make an offer to settle with Associated Construction on January 19, 2001.

MISS UTILITY: Several members of Council expressed concern that a lot of time is being spent while contacting Miss Utility when repair work needs to be performed.  Mr. Fenyk advised that an emergency would be exempted from the provision to contact and wait for Miss Utility.  It was suggested that the gas, power, and telephone provide the Town with maps of their lines.

SEWER PROBLEM REGARDING SMYTH COUNTY JAIL: Mr. Clark noted that a series of letters have been sent to the Jail from Neal Burchett, of the Town of Marion Sewer Plant, concerning pre-treatment requirements for sewer.  Mr. Clark met with County Administrator Ed Whitmore, Sheriff David Bradley and other Town and County staff members to propose a solution to the problem.  The system would be designed jointly with Smyth County purchasing the material with bar screen and placing the debris at the southwest corner of the jail for pickup by the Town.

 
SAFETY MEETING HELD JANUARY 16, 2001/TOWN MANAGER: Mr. Clark reported that the Public Works crew attended a safety meeting concerning Work Zone Safety on 1/16/01.  These safety meetings will be held regularly and will not only use films and videos but presentations.  A list of programs has been recommended.

LINCOLN THEATRE: Lee Ann Prescott reported that $1.9 million has been raised to renovate the Lincoln Theatre.  An additional $500,000 is needed to attain the amount needed to complete the project.  Several fund raisers are underway.  These include: Private Foundations, Name a Seat, Wall of Fame, applications for ARC grant monies, application to Derelict structures grant, and request for funding from the General Assembly and CDBG.

STREET LIGHT REQUEST- CUMBERLAND STREET: Mr. Price reported that a request for a Street Light has been received from Jo Ann Clark on Cumberland Street.  Mr. Price stated that he will look into this matter, prior to having Ms. Clark fill out a formal application.

PURCHASING BUILDING: Mr. Hicks stated that this project is in design.

SNIDER BRANCH WATER LINE BIDS/TOWN ENGINEER: Mr. Hicks reported that the apparent low bidder was Teaters Construction in the amount of $50,820.  Dr. Gates moved  the project be awarded to Teaters Construction.  The motion was seconded by Mr. Cregger and carried by a vote of 4 AYES and 0 NOES.  Mr. Price and Mr. Cregger expressed concern that engineering estimates are used by bidders.  Mr. Hicks advised that in-house projections are based upon data from previous similar projects.  Upon completion, these estimates become public record.

FIRE LANES/TOWN ENGINEER: Mr. Hicks advised that a meeting is scheduled on 1/19/01, Noon, to discuss this matter with the Fire Marshall and emergency agencies.

NORTH STREET EASEMENTS/TOWN ENGINEER: Mr. Hicks reported that one easement is signed and the other is expected in the near future.

POLICE - ESTIMATE ON PURCHASE OF U.S.S. SOFTWARE: Chief Roberts has requested an estimate on this software and will report when the information is received.

POLICE/SERGEANTS: Chief Roberts reported that Oral Boards have been administered to the four (4) applicants and the written exam will be given on Monday, 1/22/01.

POLICE/NEW OFFICER: Chief Roberts announced that Kevin Testerman has been hired as a Patrolman.

Upon motion, duly seconded, and vote of 4 AYES and 0 NOES, the meeting was adjourned.