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

INVOCATION/PLEDGE TO THE FLAG: Dr. Gates rendered the invocation and Mayor Helms led the Pledge to the Flag.

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

VISITORS: Donna Anderson, Stuart Buchanan, Jim Kirby, Alvin R. McBroom, Sr., Patricia and Ray Lefler, Hilda Sexton, Tracey Sledd, Bo Surber, Billy J. Hamm, Steve Wymer, Dickie Keesling, J. S. Staley, Jr.

RESOLUTION OF RETIREMENT-ALVIN R. MCBROOM, SR: Mayor Helms read the Resolution. Upon motion of Mr. Hendrick, seconded by Mr. Cregger, and vote of 5 AYES and 0 NOES, the Resolution was adopted. Mayor Helms presented Mr. McBroom with a copy of the Resolution and a gift of appreciation for his service to the Town.

RESOLUTION OF RETIREMENT: W. RAY LEFLER: Mayor Helms read the Resolution. Upon motion of Mr. Cregger, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, the Resolution was adopted. Mayor Helms presented Mr. Lefler, accompanied by Patricia Lefler, with a copy of the Resolution and a gift of appreciation for his service to the Town.

REPORT FROM POLICE CHIEF ON TAXI OPERATION: Chief Roberts informed Town Council that there has been some concern from local taxi services about how many taxi cabs a cab company may operate. Section 82-35 of the Marion Town Code states: “A certificate granted by the Council under this article shall be transmitted to the applicant giving the name of the owner, number, kind and description of the vehicles authorized and the effective date thereof.” Chief Roberts requested that the Town Attorney review the Code of Virginia and Code of Marion, Virginia to clarify this matter. In the absence of the Town Attorney, this item was continued.

REQUEST TO CLOSE UNOPENED PORTION OF THIRD STREET BETWEEN LOOK AND LINCOLN AVENUES: This matter was continued.

REPORT FROM ADELPHIA CABLE ON UPDATES: Ms. Hilda Sexton, General Manager for the Adelphia Cable Systems offices in Marion and Galax, informed Council that the system upgrade was completed in October 2000. She also announced the addition of eight new channels to the Marion/Smyth County programs, effective October 1, 2001. The new channels include WB, WAPK/UPN, PAX, BRAVO, OXYGEN, VALUEVISION and WGN. She added that digital services are now being offered and PowerLink, a high speed Internet service was introduced in February 2001. The addition of channels will require relocating of some stations. Dr. Gates noted that installation fees and other related fees have decreased slightly although the system has been upgraded and new services added.

APPOINTMENT OF EXPIRED TERM OF DAVID HELMS TO MARION DOWNTOWN BOARD OF DIRECTORS: Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, Mr. Helms was reappointed to represent the Town Council on the Marion Downtown Board of Directors.

REPORT ON FOWLER STREET EXTENSION: Mr. Clark reported that Town of Marion crews have completed line relocation and an eight (8) inch line installed and tied into a four (4) inch line across Radio Hill Road. He further reported that an entrance has been made on the Prater Lane boarder of the Project. The Fowler Street Connector Project is well underway.

STREET LIGHT REQUEST-JOHN STREET: Mr. Cregger advised that there is a streetlight located at the intersection of John Street and Leslie Street. Upon motion of Mr. Price, seconded by Mr. Cregger, and vote of 5 AYES and 0 NOES, this request was referred to the Street Light Committee for review and recommendation.

PEARL AVENUE COMPLAINTS: Donna Anderson, 507 Pearl Avenue and Jim Kirby, 434 Pearl Avenue, appeared before Town Council to complain of problems with noise, profanity, and public consumption of alcohol and discharge of firearms. They requested additional patrols and enforcement by Marion Police Department. They also requested speed limit signs. Mr. Kirby requested that “No Parking” on one side of the street be enforced. Chief Roberts will check into these complaints and discuss a solution with the Town Manager.

REPORT FROM FIRE COMMITTEE ON PROPOSED NEW TRUCK AND FIRE DEPARTMENT EVALUATION: Fire Chief Steve Wymer, Assistant Fire Chief B. J. Hamm and several volunteer firemen represented the Marion Volunteer Fire Department. Dr. Gates, Fire Committee Chairman, reported that the evaluation of the Department has been completed by Larry H. Stevens. The report suggests that Council consider leasing equipment as opposed to purchasing. The lease would include fire trucks (4 or 5) and all fire fighting equipment and maintenance, including turnout gear, foam, and air packs. At the end of 5 years, all equipment would be replaced. Currently the Town is setting aside $11,363.64 each month toward the purchase of one new fire truck. Estimated cost of the new truck would be $500,000. Improvement in the fire department equipment and training would decrease their ISO rating. The ISO rating affects the citizen’s insurance rate. This item was referred to the MVFD Committee, Council Fire Committee, Mr. Clark and Mr. Stevens to obtain additional information on the proposal to lease trucks & equipment.

BUILDING COMMITTEE-SUB-LEASE OF HAPPY’S RESTAURANT: Upon motion, duly seconded and vote of 5 AYES and 0 NOES, this item was continued. Mr. Clark noted that the prospective lessee has applied and advertised for an ABC permit.

REPORT FROM BUDGET COMMITTEE ON SILVER TREE LOAN REQUEST: Silver Tree, Ltd is a local industry that produces high-end custom furniture and is located on Franklin Street. Silver Tree has requested a $100,000 loan thru MRPDC Loan Fund Program. Applicants are James and Connie Brown and Rebecca Oakes. The purpose of the loan application is to make purchases and preparations to expand this business. Silver Tree is in pursuit of a contract that will double their current business. A requirement of obtaining an MRPDC Loan is a local match of 25%. MRPDC will provide 15% of the match and has requested that the Town of Marion commit to 10% ($10,000) match. Mr. Cregger and Mr. Price asked if anyone had seen the proposed contract. Mayor Helms stated that it is the responsibility of MRPDC to verify the contract prior to awarding the loan. Mr. Price stated that other small businesses might make similar requests. Mr. Clark advised that these types of MRPDC loans are restricted to manufacturing businesses. Dr. Gates suggested that Council consider allocating loan funds during the budgeting process for FY2002-2003. These would be accessible on a first-come, first-served basis. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, Town Council approved matching funds in the amount of $10,000, contingent upon approval of the loan by MRPDC.

REPORT FROM COMMITTEE ON RECOMMENDATION TO SELECT ENGINEERING FIRM FOR PARK BOULEVARD HIKING/BIKING TRAIL: Mr. Clark reported that three (3) firms were interviewed for this project. They were Anderson and Associates, Dewberry and Davis, and ECI. The Committee, comprised of Mr. Hendrick, Mayor Helms, John Taminger, John E. B. Clark, Jr., Mike Jones and J. S. Staley, Jr. recommended that Anderson and Associates be selected as Engineer’s for the Hiking/Biking Trail project. Upon motion of Dr. Gates, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, Mr. Clark was instructed to negotiate with Anderson & Associates on a contract for the project. If no contract can be settled upon, the next highest rated firm will be contacted.

DUCK RACE: Mayor Helms stated that the Annual Duck Race has been scheduled for September 22, 2001 and the sponsor, Marion PTO, has requested that a portion of Chilhowie Street, Chatham Hill Road and Chilhowie Street Bridge be closed to traffic during the race. Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the request was approved.

DONATION TO RECREATION PROGRAM: Smyth County Board of Supervisors Chairman, J. S. Staley, Jr., presented Town Council with a check in the amount of $10,000 for use of Town recreation programs by Smyth County residents. Dr. Gates stated that approximately 40% of participation in the Recreation Programs is Smyth County residents, according to the Recreation Advisory Committee.

SMYTH COUNTY NEWS REPORTER: Mayor Helms welcomed the new Smyth County News and Messenger Reporter, Ms. Glenda Bullins.

FUNDING AWARDS: Mayor Helms displayed the “checks” presented to the Town of Marion representing funds granted to the Town in the amount of $250,000 for the Hiking/Biking Trail and $37,000 for the Chilhowie Street Bridge Renovation. He stated that Transportation Board Member John H. Grubb, Jr. was instrumental in obtaining these VDOT funds.

CORPORATE LIMIT SIGNS: Mr. Cregger noted that Corporate Limit signs should be visible at boundaries along Town Streets. He cited Chilhowie Street and Chatham Hill Road, in particular.

WEED SPRAY: Mr. Cregger stated that the Town of Marion crews sprayed fence lines along S. Main Street, Prater Lane and Brunswick Lane. He noted that the crews also sprayed and killed the grass along the roadside. He suggested that individuals spraying for weeds be more careful and responsible.

CHURCH STREET COMPLAINT/WATER IN THE BASEMENT: Mr. Cregger informed Council that he had received a complaint from Carolyn Rhoten concerning water in her basement. Mr. Clark stated that he had personally visited Ms. Rhoten and was present when a test was performed to indicate if the water in her basement contained chlorine and was Town water. The test was negative. He further noted that the basement is lower than the creek that runs in front of her house.

CURRIN VALLEY TRAILERS: Mr. Cregger informed Council that all of the trailers have been removed from the Town’s property in Currin Valley.

RECREATION PROGRAMS: Dr. Gates advised that due to a change in AA regulations by the Virginia High School League, boys and girls basketball will be held simultaneously in the near future. This will present a problem for the Town with usage of the school’s gymnasiums.

CLOSED SESSION-JONES vs TOWN OF MARION, JUSTIFICATION 2.1-344 (A7) CODE OF VIRGINIA, AS AMENDED: As the Town Attorney was not in attendance, this item was continued.

Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the meeting was adjourned.