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

INVOCATION/PLEDGE TO THE FLAG: Rev. Charles DeHart 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 5 AYES and 0 NOES, the minutes were approved as written and distributed.

VISITORS: Bob Lawrence, Dixie and Allen Parks, Robert Francis, Ronnie Buchanan, Don Hutton, Linda Hutton, Joe Hutton, John Graham, Ken Heath, and Deane Beamer.

Dr. Gates arrived.

RESOLUTION OF APPRECIATION-VOLUNTEER FIREMAN RONNIE BUCHANAN: Mayor Helms read a Resolution of Appreciation for Volunteer Fireman Ronnie Buchanan. Fireman Buchanan retired after 43 years of service to the citizens of Marion and Smyth County. Mayor Helms presented the Resolution to Mr. Buchanan and expressed the Town's gratitude and best wishes. The Resolution had been adopted on April 2, 2001.

RESOLUTION-NATIONAL MEDICAL LABORATORY WEEK: Upon motion of Mr. Mutter, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, the Resolution Proclaiming National Medical Laboratory Week, April 15th-21st, 2001 was adopted.

RESOLUTION OF APPRECIATION UPON THE RETIREMENT OF J. DONALD HUTTON: Mayor Helms read a Resolution of Appreciation for J. Donald Hutton who retired from the Town of Marion on March 1 after 30 years and 2 months of service. Mayor Helms presented the Resolution to Mr. Hutton with the Town's appreciation. Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the Resolution was adopted.

JOINT PUBLIC HEARING-REQUEST TO REZONE PARCEL OF PROPERTY AT 225 PARK BOULEVARD FROM R-1 TO COMMERICIAL GENERAL: Mr. Deane Beamer has requested that property at 225 Park Boulevard be rezoned from R1 to Commercial General for the purpose of selling the property to Allen and Deborah Parks to be used as a public accounting office. Allen Parks spoke in favor of the request. No one spoke in opposition. Upon motion of Mr. Leaman, seconded by Mr. Mutter, and vote of 6 AYES and 0 NOES, the property was rezoned.

PUBLIC HEARING-CONSIDERATION OF SURPLUS PROPERTY ON NORTH MAIN STREET-NEAR FRANCIS BROTHERS: Mr. Clark reported that the purpose of the Public Hearing is to receive public input on determining this property, a parking lot on North Main Street adjacent to Kay Edwards Beauty Salon and Francis Brothers. The lot is also bordered by Annie Francis property. If determined to be surplus property, the Town may sell this property by bid. Robert Francis was the only person present to comment on this process. He stated that he initiated discussion with Council. He noted that the property is 50 feet wide and 150 feet long. He is interested in purchasing the property for additional storage and parking for his business. Mr. Francis stated that he has discussed his proposal with Katherine Sochacki (Kaye Edwards Beauty Salon) and Seaver Brown Funeral Service and stated that they are not opposed to his purchasing this property. If the property becomes available for purchase, Mr. Francis intends to install a gate for added security. Mr. Price moved that the Town of Marion declare this property "surplus property". The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES.

CONSIDERATION OF SPECIAL URBAN ARCHERY SEASON: The Virginia Department of Game and Inland Fisheries has recommended that an early special urban archery season be observed for the 2001-2002 hunting season. If the Board proposal is adopted at the May 3, 2001 meeting, towns, cities, and counties would be automatically included unless governing bodies take special action to opt out. Town Council discussed this matter at length and was uncomfortable with allowing the discharge of weapons within the corporate limits. Mr. Mutter moved that the Town not participate in the Special Urban Archery Season for the 2001-2002 hunting season and that Mr. Clark advise the Department of Game and Inland Fisheries of the same. Mr. Price seconded the motion. Council adopted the motion by a vote of 6 AYES and 0 NOES.

ADELPHIA CABLE-NOTICE OF RATE INCREASE: Effective with the May billing statement a 13% rate increase will be assessed to Marion customers. There is little that the Town can do even though the Town has a Franchise Agreement with Adelphia. The agreement does not allow the Town to regulate rates. Mr. Mutter stated that he is disturbed about this increase. He had contacted Adelphia to express his opinion on this matter and suggested that Council Members and citizens of Marion write to John Regis, CEO, Adelphia Cable Company, P. O. Box 472, Coudersport, PA 16915. Mr. Leaman stated that Adelphia has upgraded the system and provided additional channels as agreed to in the non-exclusive Franchise Agreement.

RIVERBEND PARK BIDS ON 4/26/01: Mr. Hicks advised that six (6) contractors attended the pre-bid conference with three (3) others expressing interest in the project. The bid opening will be held on April 26, 2001.

VRS LIFE INSURANCE PROPOSAL: Ms. Sheets informed Council that of the 69 full-time employees of the Town of Marion, 61 have requested that Council further consider life insurance thru the Virginia Retirement System Plan. The plan would allow retirees to retain life insurance at retirement. The initial benefit would reduce at a rate of 2% per month, after retirement, until the base amount reaches 25%. Dr. Gates moved that this item be considered during the budget process. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 0 NOES.

REISSUANCE OF VPDES PERMIT AT SEWER TREATMENT PLANT: Mr. Clark reported that advertisement for comment for the issuance of the Pollutant Discharge Elimination System Permit would be published in mid-April. If no significant opposition is conveyed to the reissuance of the permit, the Department of Environmental Quality will issue the permit to operate the plant in the near future. The Town had requested reducing the operating hours from 16 to 12 per day and to reduce testing for suspended solids and biological oxygen demand.

TAX RELIEF FOR THE ELDERLY: Ms. Sheets reported that Council has been given a copy of revised Affidavit for Real Estate Tax Rebate for Elderly Homeowners for review. The limits have been adjusted and Permanently and Totally Disabled households have been added to the eligibility list. Mayor Helms referred this matter to the Finance Committee for study and recommendation.

DEVELOPMENTS FOR MARION DOWNTOWN-EXECUTIVE DIRECTOR KEN HEATH: It was reported that the Downtown Housing Board has agreed to release the renovated apartments for occupancy. Applicants will be screened by Marion Redevelopment & Housing Authority Executive Director Charles Harrington to determine if they meet the qualifications. Open House is scheduled on April 29, 2001 from 1-4 p.m. Applications for renters will be forwarded to property owners in early May and tenants will occupy apartments by June 1. Repayment for property owners will begin July 1, 2001.

A Small Business Workshop will be held April 25 from 7-9 p.m. at the Smyth-Bland Regional Library.

Mr. Heath invited anyone interested in attending the Virginia Main Street 15th Anniversary Celebration in Lynchburg. The group will depart Marion at Noon on June 7, 2001. The group will return later that evening.

REAPPOINTMENT TO MARION PLANNING COMMISSION FOR TERM ENDING 3/31/01: Upon motion of Mr. Price, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, Cameron Wolfe was reappointed to Marion Planning Commission. Mr. Wolfe had been appointed to fill the unexpired term of Ernest Aker. Mr. Wolfe's current term will end 3/31/2005.

NEW BERN/PEPSI REQUEST OF DECAL FEE EXEMPTION: Town Attorney Mark Fenyk will contact New Bern concerning this request concerning decals for Pepsi trucks.

REQUEST FOR WATER SERVICE-LAUREL SPRINGS ROAD: Mr. Michael Pruitt of 210 Laurel Springs Road requested water service at a location on Laurel Springs Road. His property is currently served by a spring and water supply is very limited. Council was informed that this is a private line and that the service goes under the interstate bridge. The service was installed pre-I-81 and VDOT maintains that line. It was further noted that the owner of the line is not in favor of adding a customer to his line. Mr. Hicks advised that a ½" to 5/8" line goes under the interstate bridge. He added that if the Town extends service to the additional customer, we must assume maintenance of the 30-year-old line. Mr. Mutter moved that the Town leave the line as it is based upon the responsibility and burden to the Town to maintain the line. Dr. Gates seconded the motion, which was defeated by a vote of 1 AYE (Mutter) and 5 NOES. Mr. Price moved that the request be referred to the Water Committee, Cecil Hicks, and John Clark. The motion was seconded by Mr. Cregger and carried by a vote of 6 AYES and 0 NOES.

ACCOUNTS/INVESTMENTS: Dr. Gates moved that $345,776.20 be paid from the General Fund. Mr. Leaman seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Mr. Price, Mr. Leaman, Dr. Gates, Mr. Hendrick, Mr. Cregger and Mr. Mutter voted affirmatively.

INVESTMENTS: Mr. Leaman moved that the Investment report be accepted as presented. The motion was seconded by Mr. Price, and carried by a vote of 6 AYES and 0 NOES. Mr. Mutter, Mr. Cregger, Mr. Hendrick, Mr. Leaman, Dr. Gates, and Mr. Price voted affirmatively.

STREET COMMITTEE-FOWLER STREET EXTENSION: The Town of Marion has received a proposal to construct a roadway (Fowler Street Extension) from Prater Lane to Route 16/Culbert Drive under the Public-Private Transportation Act of 1995. The Town intends to evaluate the proposal and may negotiate a comprehensive agreement with the owner based on the proposal. The Town will accept simultaneous consideration of any competing proposal if received by April 24, 2001 at 4:00 p.m. at the Marion Town Hall. The roadway is to be constructed under Virginia Department of Transportation specifications and Town of Marion requirements including a 60-foot right of way, design and other engineering specifications.

SANITATION COMMITTEE-INOPERABLE VEHICLES AND MONTE VISTA DRIVE: Mr. Clark and Chief Roberts will determine the vehicle identification numbers on inoperable vehicles parked in the public right-of-way and begin the process to remove the same.

YOUTH GOVERNMENT DAY-APRIL 10, 2001: Mayor Helms advised that 10 students from MSHS and CHS participated in Youth Government Day. They were a very good group and showed interest in learning how municipal government works.

GARBAGE PROBLEM-MONTE VISTA DRIVE: Mr. Leaman moved that the Town allow the Town Manager to determine how many streets have no garbage pickup and consider using a smaller truck for these pickups. Mr. Price seconded the motion, which carried by a vote of 6 AYES and 0 NOES.

DILAPIDATED BUILDINGS: Mr. Mutter moved that the Town investigate sending letters out for demolition of dilapidated properties in the Town of Marion. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 0 NOES.

HANDICAPPED RAMPS: Bob Lawrence stated that he is unsure if the ramps at intersections of Main Street are constructed properly. Mr. Lawrence stated that he has had problems maneuvering his wheel chair at these intersections. Mr. Mutter asked if the ramps were built to state specifications. Mr. Hicks advised that they were a part of the Streetscape project and were constructed to Commonwealth of Virginia specifications. Council requested that Dewberry and Davis meet with Town representatives and Mr. Lawrence to discuss this matter.

CLEAN-UP DAY/WEEK: Mayor Helms noted that for several years certain Town employees might volunteer to pick up litter on Clean-up Day. Clean-up Day this year is on Saturday, April 21, 2001 from 8 a.m. to Noon.

RETIREMENT: Mayor Helms advised that a retirement luncheon will be held at Noon on Friday, April 27, 2001 in honor of John Thomas and Don Hutton.

COMMUNICATIONS: Mr. Clark was asked to work with Smyth County on upgrade of communications.

WHITLEY/TOWN ATTORNEY: Town Attorney Mark Fenyk informed Council that the settlement order has been submitted on David Whitley to be signed by he and his attorney. This document has not been signed and returned.

ARBITRATION: Mr. Fenyk advised that the pre-arbitration meeting has been scheduled on May 7, 2001.

BUDGET FY2001-2002: Mr. Mutter asked when Council would begin Budget Workshops. Mr. Clark advised that the staff and Finance Committee are finalizing the proposed budget and workshops with full Council will commence in a couple of weeks.

CURRIN VALLEY PROPERTY: Mr. Fenyk advised that there is one trailer that has not been disposed of. The owner has agreed to move the trailer. Council asked Mr. Fenyk to send a letter to the remaining trailer owner to remove it from our property.

BRUSH PICKUP: Mr. Price suggested that Public Works use more trucks to pick up brush.

HOCKETT STREET EXTENSION: Mr. Price stated that Smyth County Board of Supervisors Chairman, J. S. Staley, Jr., has requested that the Town spread milling material on the portion of Hockett Street that extends into the County, provided there is excess material available.

METER REPLACEMENT AREA: Mr. Hicks informed Council that a new area for water meter replacement in the process of being selected.

PURSUANT TO VIRGINIA CODE 2.1-344 (al) 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 personnel. Mr. Hendrick moved that Council return to Open Session and it be known that only those matters identified in the motion and 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.

TOWN MANAGER: Mr. Mutter moved that upon recommendation of the Personnel Committee and Town Council that John E. B. Clark, Jr., has successfully completed his probationary period and is hereby appointed Town Manager of the Town of Marion, as per the contract agreement. Mr. Cregger seconded the motion, which carried by a vote of 6 AYES and 0 NOES.

WATER REQUEST ON MATSON DRIVE: Paul Crouse had requested additional water service on Matson Drive. Mr. Hicks read an excerpt from Town Council minutes of March 5, 2001. "Mr. Burkett moved that Mr. Crouse be contacted and offered 10 hookups provided he furnish a minimum 3,000 gallon water tank with the understanding that he bear all costs and plumb both tanks to work together and that the project be done to Town and Health Department specifications and that he be made aware that a minimum hookup pressure of 20 psi must be supplied at each meter set location. The motion was seconded by Mr. Mutter and carried unanimously." Mr. Hicks stated that he had personally discussed this matter with Mr. Crouse. Mr. Crouse contacted Mr. Price and requested a written directive from the Town of Marion stating the process by which he could be provided water service. Mr. Hicks will prepare the letter and attach a copy of the minutes of the meeting, held 3/5/01.

Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.