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

INVOCATION/PLEDGE TO THE FLAG: Cecil Hicks rendered the invocation and Eagle Scout Brett Kiser led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Burkett, Price, Leaman, Cregger, Hendrick, Mutter and Gates voted affirmatively.

VISITORS: Audrey Musick, Tom Hatcher, Linda Kiser, Amy Kiser, Brett Kiser, David Kiser, Sid Collier, Robin Bridgeman, Sean Collier, Pam Hastings, Pat Blevins, Tammy Peake, Wava Osborne, Tracy Sledd, Dennis Farley, Tom Russell, Bo Surber, Steve Wright, Tammy Wright, Neil Castrodale, Alan Seidel, Billy J. Hamm.

RESOLUTION HONORING 2001 MARION SENIOR HIGH SCHOOL FOOTBALL TEAM: Upon motion of Mr. Mutter, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Council approved the Resolution recognizing the MSHS 2001 Football Team for their many accomplishments during the season. Mayor Helms read the Resolution and presented it to Coach Steve Wright. Coach Wright thanked the Town for their support.

RESOLUTION HONORING BRETT KISER ON EAGLE SCOUT STATUS: Mayor Helms read the Resolution commending Brett C. Kiser on his attainment of Eagle Scout status. Upon motion of Mr. Burkett, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the Resolution was adopted. Mayor Helms presented the Resolution to Brett Kiser, who was accompanied by his parents and sister.

SMYTH COUNTY REQUEST ON WATER: Mr. Clark reported that he has been approached by County Administrator Ed Whitmore concerning the purchase of additional water due to County well drying up. Usage has increased considerably in the Park/Ebenezer/Walker's Creek System. Mr. Whitmore has requested a reduction in rates for approximately 1,200,000 gallons of water per month above and beyond the County's usage. Following discussion and review of the increased usage, the Water Committee recommended to Council that any water purchased by the County over 5 million gallons per month be reduced from $3.62 per 1000 gallons to $3.00 per thousand. The present contract with Smyth County allows them to purchase up to 9 million gallons per month, with an additional 2 million gallons per month allowed for the Hutton Branch/Nick's Creek system. The current contract will expire in 2003. Mr. Fenyk reported that if Council grants the County's request, an amendment to the current contract might be drawn up. Mr. Burkett moved that Council set a public hearing to consider a water rate reduction based on $3.00 per 1000 gallons on usage over 5 million gallons. Mr. Hendrick seconded the motion. The motion failed by a vote of 3 AYES and 4 NOES (Leaman, Cregger, Gates, Mutter). Those voting against the motion stated that they are not against the proposal but need additional information, study and more communication with Smyth County.

Mr. Mutter suggested that Mayor Helms appoint a representative to contact the County with regard to negotiations on more County participation in Town services as well as an agreement to reduce the water rate after 5 million gallons usage per month.

Mayor Helms appointed Mr. Hendrick, Mr. Leaman, and Dr. Gates as a Special Committee to work with the Town Manager to develop suggestions for negotiations with Smyth County.

REPORT ON RIVERBEND PARK ISSUES-ENGINEER AND COMMITTEE MEMBER: Mr. Hicks reported that the Contractor has brought several matters to the attention of the Architect. The project is progressing well and is near completion. He noted that the lights will be turned on by photo cell and a timer will be set in the locked mechanical room to turn the lights off. He added that existing drainage pipes under the railroad will be matched up with new culverts and will tie into the new system. Egress from Country Club Road will be widened from 11 feet to 22 feet. Signs for the entrance were put on hold.

REPORT ON FIRE TRUCK SPECIFICATIONS AND GENERAL BIDDING ISSUES-TOWN ATTORNEY AND TOWN MANAGER: Upon request of the Town Attorney Mark Fenyk and motion of Mr. Mutter, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, this item was continued. Mr. Clark noted that there are no major disputes and the project will be placed for bid.

PERSONNEL CLASSIFICATION STUDY: The Personnel Committee will meet on Wednesday, January 9, 2002 at 4:30 p.m.

ISTEA GRANTS-FINANCE COMMITTEE: Mr. Clark reported that firm figures would be available on the Chilhowie Street Bridge and Hiking Biking Trail by next Council Meeting.

REQUEST FROM X-TREME CLOGGERS: The X-treme Cloggers group has several Smyth County participants. Their request for funds was referred to the Finance Committee.

REQUEST FROM MSHS QUARTERBACK CLUB: Wava Osborne, spoke on behalf of the MSHS Quarterback Club. Coach Steve Wright had asked the Quarterback Club to raise funds to purchase jackets for coaches, players and support personnel. The cost of the jackets will be $2,100. Mr. Cregger moved that $1,000 be donated toward the cost of the jackets. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Burkett, Mutter, Price, Cregger, Leaman, Hendrick and Dr. Gates voted affirmatively.

HABITAT FOR HUMANITY 5K RUN-SCHEDULED FOR MAY 18, 2002-NEIL CASTRODALE: Neil Castrodale was present to request permission to conduct the 4th Annual Habitat for Humanity 5K Run. The event will be held on May 18, 2002 at 9:00 a.m. and should be concluded by 1:00 p.m. The race will start and end at Marion Baptist Church. Mr. Leaman moved that the Habitat for Humanity group work with Marion Police Department and Public Works on this event. Mr. Mutter seconded the motion. Council granted permission to hold the event by a vote of 7 AYES and 0 NOES.

PURSUANT TO CODE OF VIRGINIA, AS AMENDED, SECTION 2.2-3711 (A1) and (A3) and upon motion of Mr. Hendrick, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss Personnel issues: 1) Evaluation of Town Manager and 2) Evaluation of Police Chief and real estate matters. Mr. Hendrick moved that Council return to open session and that it be known that only those matters identified in the motion and legally exempt from Open Session were discussed during Closed Session. Mr. Price seconded the motion. Council approved the same unanimously. Messrs Burkett, Price, Leaman, Cregger, Mutter, Hendrick and Dr. Gates voted affirmatively.

PURCHASE OF REAL ESTATE: Mr. Leaman moved that the Town consider purchase of real estate. Mayor Helms appointed a Committee of Mr. Leaman and the Building Committee for study and recommendation. Dr. Gates seconded the motion, which carried unanimously.

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