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

INVOCATION/PLEDGE TO THE FLAG:  Mr. Hicks rendered the invocation and the Pledge was led by Eagle Scout Noah Hall.

MINUTES:  Mr. Hendrick corrected the minutes to state that Faris Plant Farm, who proposed floral accents for Marion streets, has a Marion, not Abingdon address. Upon motion of Mr. Mutter, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, the minutes were approved as corrected.

VISITORS:  Shirley Blackwell, John Taminger, Mr. & Mrs. Cliff Hall, Zack and Adam Hall, James McNeil, Lee Ann Prescott, Paul Crouse, Sam Wagner, Charlie Trail, Paul Revella, Brian Schmidt,  Noah Hall..

RESOLUTION HONORING EAGLE SCOUT NOAH THOMAS HALL:  Mayor Helms read the Resolution honoring Noah Thomas Hall on achieving the rank of Eagle Scout and presented the same to Noah Hall.  Upon motion of Mr. Mutter, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION HONORING POLICE OFFICER RAYMOND WESLEY THOMAS: Mayor Helms continued this item to March 5, 2001.

CIVIL WAR TRAILS - JOHN CLARK/KEN HEATH:  Mr. Clark informed Council that a Battle of Marion narrative has been included in the packet.  The narrative will be forwarded to the Civil War Trails program for verification.  Upon verification, a marker bearing the narrative will be erected and the Town of Marion will become a member of the Civil War Trails.

FOWLER STREET EXTENTION SUBDIVISION PLANS: Town Engineer Cecil Hicks informed Council that a copy of the Fowler Street Extension Subdivision plans are on file and will be presented at the next Marion Planning Commission Meeting on March 12, 2001.

BIDS ON FLORAL ACCENTS TO TOWN STREETS:  Mr. Clark stated that a meeting to discuss this matter has been scheduled on March 13, 2001.

WEB SITE - EUGENE HENDRICK:  Mr. Hendrick reported that Area Net has submitted a formal proposal to update the web site for $2,000.  The following services will be included:  1 year handling of domain name; 1 year HTTP hosting on webserver; 1 year MX (mail) record handling and POP3, addition of local weather information linked to front page; Town Crier pages will “turn” like those of a book; All Town departments will be linked to lindap@ for all the contact needed from public (such as complaint form); Add pictures of new fire department with Chief and also a photograph of the Police Department with Chief; Add an anonymous form for the police department similar to the complaint form; Add links for all Smyth County known domain holders; and changes of background on water/sewer departments as requested.  Mr. Hendrick moved that the Town accept the proposal and release budgeted funds to update the Town’s website, www.marionva.org.  Dr. Gates seconded the motion.  Council approved the same by a vote of 6 AYES and 0 NOES.    It was the consensus of Town Council that the agenda be dropped from the website.  Dr. Gates moved that the Town Crier be retained on the web page.   Mr. Cregger seconded the motion, which carried by a vote of 6 AYES and 0 NOES.

DEPARTMENT OF CRIMINAL JUSTICE REGIONAL SOFTWARE GRANT - CHIEF ROBERTS:  Chief Roberts informed Council that the Criminal Justice Records Improvement Grant would enable the Town to share information with other county law enforcement agencies.  The grant, if approved, would be administered by Smyth County. Marion, Chilhowie, Saltville, and Smyth County would commit a 25% match each.  The maximum amount for the Town of Marion would be $12,500.  A discussion ensued.  Chief Roberts explained that the current “Visions” software is in need of updating or replacement.   Mr. Mutter asked if the joint venture is the best for the Marion Police Department.  Chief Roberts responded that a Regional application would have a better chance of approval and that the proposed system would allow faster communication of information between departments.  Mr. Hendrick moved that a joint application for the Department of Criminal Justice Regional Software Grant be submitted and matching funds, not to exceed $12,500, be approved.  Dr. Gates seconded the motion, which was approved by a vote of 5 AYES and 1 NOE (Mutter).   Chief Roberts noted that these funds would be allocated in the FY 2001-2002 budget.

TROUT HERITAGE DAY ON APRIL 7 - MAYOR HELMS/JOHN CLARK:  Mr. Clark reported that he, Mayor Helms, and Chief Roberts attended the Legislative Day in Richmond, VA during the first week of February, 2001.  While there, they found out there was a movement to add Marion as a Trout Heritage Day site.  Trout day will have an “Opening Day” atmosphere and certain streams will be stocked.  One area in Marion has been approved and another may be approved, pending permission from property owners.   Mayor Helms noted that an area in Smyth County is also expected to be included.

UNITED CITIES GAS - TOWN STREET REPAIR - JOHN CLARK:  It was reported that United Cities Gas Manager, Joe Blaylock, has advised the Town that an agreement had been reached with the former Town Manager that the Town would patch streets where the gas company has laid lines and bill United Cities Gas.  However, they have not received a bill from the Town.  Mr. Hicks had advised that he was unaware of this agreement and Ms. Sheets, Director of Finance, stated that she had not been directed to send any statements to United Cities Gas.  Mr. Mutter was concerned that Town of Marion citizens have paid to repair streets damaged by the gas company.  Mr. Price advised that Melvin Thweatt had previously contracted with the gas company to repair streets.  A copy of a listing of paving performed in April, 2000 will be billed.  Mr. Clark will be responsible for routing future bills to reimburse the Town for paving.

TREE CITY USA - PAUL REVELLA AND SHIRLEY BLACKWELL:  Paul Revella and Brian Schmidt were in attendance to discuss the Tree City USA Program.  They invited representatives from the Town of Marion to attend a Tree Workshop at Hungry Mother State Park on April 24, 2001.  Tree City USA is a National designation and Community Enhancement Program administered by the Virginia Department of Forestry. The purpose is to promote tree planting and maintenance.  For a community to attain Tree City USA status they must:  1) Appoint a Tree Commission or Board; 2) Adopt a Tree Care Ordinance; 3) Expend $2 per capital for tree care, planting and maintenance; and conduct a public Arbor Day Proclamation and Program.  Support for those communities wishing to become members of Tree City USA will receive advisory support from the Virginia Department of Forestry.   Town representatives will attend this workshop.

ACCOUNTS:   Upon motion of Mr. Burkett, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, the accounts were approved, as presented, in the amount of $868,693.75.

INVESTMENTS:  Upon motion of Dr. Gates, seconded by Mr. Mutter, and vote of 6 AYES and 0 NOES, the Investment Report was approved as presented.

APPOINTMENTS TO RECREATION ADVISORY COMMITTEE:  Recreation Director Sam Wagner recommended appointment of Paul Snavely of Rural Retreat, VA and Cindy Wiles of Marion, to the Recreation Advisory Committee.  Mr. Wagner stated that these individuals are active in the Recreation Program.  Upon motion of Mr. Price, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, these appointments were approved.   Mr. Wagner noted that the Recreation Advisory Committee and Town Council Recreation Committee would meet on a quarterly basis.

LINCOLN THEATRE FOUNDATION - LEE ANN PRESCOTT:  Lee Ann Prescott, Executive Director of Lincoln Theatre, Inc. and James McNeil, President were present to request $50,000 Partnership, plus Real Estate Tax Abatement and T-3 Internet Access, if available.  Ms. Prescott informed Council that the Lincoln Theatre has received National Designation as An American Treasure.  A similar request of $47,500 was proposed to Smyth County Board of Supervisors.  Ms. Prescott advised that large and small donations are accepted.   The Lincoln Theatre has raised nearly $2 million toward the goal of $2.5 million in funding for the construction project.  Mr. Price noted that a recent newspaper article reflected that the Town is not doing its share to re-open the Lincoln Theatre.   Dr. Gates spoke in behalf of the request.   He stated that this is a valid use of tax money.  Mr. Mutter stated that the Town has done a lot to support the Lincoln Theatre, Inc.  Other projects must also be considered.  Upon motion of Mr. Mutter, seconded by Mr Burkett and vote of 5 AYES and 1 ABSTENTION (Gates), this matter was referred to the Budget Committee.

2020 TRANSPORTATION PLAN - CECIL HICKS:  Mr. Hicks advised that a VDOT 2020 Transportation Plan will be developed for all communities.  Streets will be reviewed and inventoried.  He requested a meeting with the Street Committee to draft a recommendation for the Town of Marion 2020 plan.

REPORT ON PUBLIC HEARING-REDISTRICTING OF HOUSE AND SENATE SEATS: A Resolution was presented at the Public Hearing, held at the Smyth-Bland Regional Library, expressing concern about the proposed redistricting of House and Senate seats and the effect it may have on our number of representatives.

MATSON DRIVE-PAUL CROUSE:  Mr. Paul Crouse reported that he had purchased the Peake property on Williams Road near the Town’s pump station near the old Town Dump.  He cited problems with someone dumping trash and others parking at the dead end road.  Mr. Crouse intends to install two dwellings (doublewide mobile homes).  The property is located in Smyth County.   He is requesting permission to set two water meters for the two proposed sites.  Mr. Hicks advised that the Williams Road Water Project was a community project.  Homeowners paid one half (1/2) of the cost to install the system, including a 3,000 gallon water tank.  The project was built to capacity and no growth was built into the project.  Mayor Helms referred this request to the Water Committee and instructed that Mr. Crouse be invited.

COMMONWEALTH OF VALOR AWARD FOR POLICE OFFICER WES THOMAS:  Mayor Helms, Police Chief Roberts and Officer Thomas attended the Commonwealth of Valor Award Ceremony in Richmond, VA.  Officer Thomas received the award for his efforts during the Marion Manor Apartment fire.

UNITED CITIES GAS COMPANY-TOWN ATTORNEY MARK FENYK:  Mr. Fenyk reported that he has been unable to determine if VML has negotiated a contract with United Cities Gas Company.  He will contact them again and make changes as directed by Council.

GARBAGE COMPLAINT:  Several members of Council had received complaints regarding trash on the corner of S. Main Street and Monte Vista Drive.  Council directed that a letter concerning the problem be mailed to Jack Hudson and residents of Monte Vista Drive.

MUNICIPAL BUILDING: Mr. Price advised that he has conducted a  “walk thru” at the Municipal Building and estimates $300 to complete the list.  He cited kitchen tile and hallway baseboard caulking and painting; Some peeling and chipped paint; regulation of thermostats; weather stripping on exit door and door to stairs from the transit office.  He further suggested that gutters be changed to copper and that the Town seek professional advise on the roof.

ABANDONED CARS:  Mr. Cregger advised that abandoned and unlicensed vehicles are still a problem in Town.  Mayor Helms stated that Mr. Leaman plans to make this project a priority.

SPRINT SEMINAR:  Mr. Hendrick reported that he and C.T. Eagle attended a Sprint Seminar at CBM Technologies.  They found this meeting very informative.

POLICE CHIEF:  Mr. Mutter commended Chief Roberts on the job he is doing with the Police Department.  He had received good comments on the professional department that Chief Roberts is developing.

NORTH STREET DRAINAGE:  Mr. Hicks reported that easements have been secured and that the railroad has allowed the line to be installed in their right-of-way.   All concrete structures have been ordered and anticipate the job to start within two weeks.   A trust fund in the amount of $10,000 has been allocated by the Blue Ridge Job Corp to fund this project, however the Town has not received these funds.

PURSUANT TO VIRGINIA CODE 2.1-344 (1) AND VIRGINIA CODE 2.1-(7) and upon motion of Mr. Hendrick, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, Council entered into Closed Session to discuss reclassification of Engineering Assistant Petition and litigation between Whitley and Booker.  Upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 6 AYES and 0 NOES, Council returned to Open Session.

RECLASSIFICATION OF ENGINEERING ASSISTANT:  Dr. Gates moved that the Town create a position entitled Engineering Assistant/Technology Coordinator and offer the position to C. T. Eagle at Pay Grade 29C ($23,588).  The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES.

WHITLEY vs. BOOKER LITIGATION:  Mr. Mutter moved that Mr. Fenyk proceed to settle with David Whitley, not to exceed $4,000, with the understanding that the settlement ends all circumstances with David Whitley.  The motion was duly seconded, and carried by a vote of 6 AYES and 0 NOES.

SMYTH COUNTY SCHOOLS AND THE TOWN OF MARION:  Mayor Helms thanked Mr. Hicks for picking up the signs to be erected in Town which state:  “Town of Marion and Smyth County Schools-A light in the Mountain-Partners for Excellence in Education.”.

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