PRESENT: Mayor David P. Helms; S. S. Burkett, Buford Cregger, James Gates, Sam Mutter, Eugene Hendrick and Ralph Price (arriving late), Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; and Police Chief Michael Roberts.

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

MINUTES: Upon motion of Burkett, seconded by Mr. Cregger, and vote of 5 AYES and 0 NOES, the minutes were approved as written and distributed.

VISITORS: Mr. and Mrs. Charles Anders, Sgt. Andrew Moss, Sgt. Keith Clark, Sgt. Rex Anders, and Patrolman Kevin Testerman.

INTRODUCTION OF NEW/PROMOTED EMPLOYEES: Police Chief Michael Roberts introduced Patrolman Kevin Testerman as a new employee.  Chief Roberts also introduced new Police Sgts. Moss, Clark, and Anders.  Sgt. Stephen Farris was unable to attend.

SUBMISSION OF T-21 APPLICATION FOR CHILHOWIE STREET BRIDGE AND HUNGRY MOTHER PEDESTRIAN AND BIKE PATH: Town Manager John Clark informed Council that T-21 Funding Applications have been submitted.

EXECUTED SUBMISSION OF CONTRACT FOR HIKING/BIKING TRAIL PRELIMINARY ENGINEERING REPORT:   Manager Clark reported that contracts have been signed with regard to this portion of the project.

BACKFLOW PREVENTION TESTING LETTER: Council members reviewed the Inspection Report for the Town of Marion Cross Connection and Backflow Prevention Program.   These forms have been mailed to all industrial and commercial customers as required by the Health Department, to determine hazards.  Commercial and Industrial users will be inspected by Town Staff.  The Town currently installs backflow prevention valves on new residential hookups.

STATUS OF UPDATING TOWN WEB SITE:  Mr. Clark informed Council that the Town will be updating and upgrading the web site in the near future.  Staff plans to integrate more tourism information and links with the Towns of Chilhowie and Saltville and Smyth County.  The Town Council minutes and complaint forms will also be updated.  The agenda will be omitted as it has been difficult, in the past, to make it timely.   Mrs. Linda Pennington will be trained to update web site information.   The current provider has been asked to submit a quote for upgrades to the site.

PUBLIC HEARING ON REDISRICTING HOUSE AND SENATE SEATS - FEBRUARY 10, 2001 AT 1:00  P.M.-SMYTH/BLAND REGIONAL LIBRARY:  Council was informed that a Public Hearing has been scheduled on February 10, 2001 at 1:00 p.m., Smyth/Bland Library, Copenhaver Meeting Room to receive input on the proposed redrawing House of Delegates, State Senate, and  Congressional districts.   Dr. Gates moved that the Town send a representative to this meeting as it has been noted that our seats may be in jeopardy, based upon population.  The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 0 NOES.    Mayor Helms stated that an exemption may be granted due to geographic concerns.    Council expressed concern over the redistricting proposal.

REPORT ON FIRE LANES:  Dr. Gates stated that it is difficult to enforce fire lane violations with the Town’s Ordinance.  Mr. Fenyk has been requested to review the Virginia Code and Town of Marion Code concerning this matter.  Upon motion of Mr. Mutter, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES,  this item was dropped from the agenda.

ORDINANCE COMIMTTEE- UNITED CITIES  GAS COMPANY FRANCHISE AGREEMENT:   Mr. Clark reported that in checking other local governments, some have franchises and some do not.  Mr. Fenyk had been asked to review the agreement.  He suggested that the Town request a map of lines from the Gas Company and that this information be included in the contract.   The question of responsibility for repairs to streets where the Gas Company has cut the pavement came up.  Mr. Hicks stated that he thought it was the responsibility of the Gas Company to patch the streets excavated for their lines and maintenance.  Upon motion of Dr. Gates, seconded by Mr. Mutter, and vote of 6 AYES and 0 NOES, this item was continued.

POLICE-COMMONWEALTH VALOR AWARD FOR PATROLMAN WES THOMAS:  Council was informed that Marion Police Department Patrolman, Raymond Wesley Thomas, Jr., has been selected to receive the Commonwealth Valor Award for his efforts during the fire at Marion Manor Apartments.    The Awards Ceremony will be held in Richmond on February 12th, 2001.

TROUT HERITAGE DAY:  Council was informed that representatives from the Game & Inland Fisheries will meet with Town staff to discuss Trout Heritage Day to be held on April 7, 2001 beginning at 9:00 a.m.    The Holston River will be stocked with trout from the Chilhowie Street Bridge to Riverbend Park.  This will be the only site stocked in Smyth County.  Mr. Mutter moved that the Town participate in Trout Heritage Day and that Town staff prepare arrangements for additional trashcans, porta-johns and patrols.  Camping facilities may also be made available to those interested.   The motion was seconded by Mr. Cregger and carried by a vote of 6 AYES and 0 NOES.   More information will be available after meeting with Virginia Game and Inland Fisheries.

LEGISLATIVE DAY:  Mayor Helms, Michael Roberts, and John Clark attended the annual Legislative Day in Richmond, Virginia.  Among the bills considered were finances for law enforcement, reinstatement of some education funding, local control of firearms, and the car tax.   Mr. Clark reported that there is a proposal to make an amendment to the Virginia Constitution to require  the state to always reimburse localities for revenues in lieu of personal property tax on vehicles.
 

SMITHFIELD, VIRGINIA:  Mayor Helms, Mr. Clark and Mr. Roberts visited Marion’s Sister City, Smithfield, VA on February 2, 2001.  Their visit included a tour of the Town and introduction to a group of Smithfield officials.  Smithfield plans a visit to Marion in late summer.

FLOWERS FOR MARION: Mr. Hendrick suggested that the Town consider flowers for the Town of Marion.  He reminded Council that a proposal had been received from Farris Flowers in Abingdon, VA for hanging baskets or barrels of flowers.  Mr. Hendrick moved that Ken Heath contact local florists and landscapers, as well as Farris, to prepare a cost estimate and presentation.  The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES.

It was noted that tree supports are down on many of the Main Street trees and that it may be time to remove them permanently.    Cecil Hicks suggested that the Town request a Horticulture Intern from Virginia Tech.  Mr. Hicks was asked to contact VT concerning this request.

RIVERBEND PARK:  Mr. Hicks informed Council that the Town plans to receive bids on this project in March 2001.  He noted that bids were extremely high previously and the Town decided to wait until spring and bid again.  It was suggested that some local elements, such as Army Reserves, be used for grading, etc., rather than contracting the entire project.

FIRE STATION:  Mr. Cregger stated that the fire station looks much better since work has been completed recently.

FOWLER STREET EXTENSION:  Mr. Hicks reported that he has been in contact with W-L Construction.  They have informed Mr. Hicks that the plans for sub-division and roads are nearly complete and will be presented to Planning Commission and the Street Committee for approval.

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, Town Council entered into Closed Session to discuss personnel matters and 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 in Closed Session.  The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 0 NOES.

APPOINTMENT OF BUFORD C. CREGGER TO TOWN COUNCIL:  Mr. Cregger was appointed to Town Council effective July 1, 2000.  Mr. Hendrick moved to clarify the minutes that Mr. Cregger was appointed to fill the unexpired term of David P. Helms, upon his election as Mayor, and that Mr. Cregger’s appointed term will expire 6/30/2002.  The motion was seconded by Mr. Price and carried by a vote of 5 AYES and 1 ABSTENTION (Leaman).

LITIGATION-ASSOCIATED CONSTRUCTION-FIRE STATION:  Mr. Price moved that the Town continue with litigation and the check returned by Associated Construction, in the amount of $10,301, be placed in an interest bearing account until the matter is settled.  The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES  and 0 NOES.

WORKER’S COMPENSATION HEARING-CHARLES OVERBAY:  Upon recommendation of the Town Attorney, Mark Fenyk, Council directed that a Town representative attend this hearing.  The Town will be represented by an attorney provided by Hartford Insurance Company.

EXIT INTERVIEW:  Staff was reminded that exit interviews be given to those individuals leaving the Town’s employ.   Council expressed regret that the Town will no longer employ Mr. Jerry Breen.  Mr. Breen has accepted a position with Sprint.

MUNICIPAL BUILDING:  Council requested that a “walk thru” be performed on the Municipal Building prior to the warranty period expiring.   Councilman Price offered to assist in the inspection.   Problems have been noted including regulation of the heat in the building.