Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on February 21, 2002 at 7:00 p.m.

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 Attorney Mark Fenyk; Purchasing Agent B. J. Hamm; Recreation Director Sam Wagner and Police Lt. John Testerman.

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

MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the meeting held February 4, 2002 were approved as written and distributed. Messrs Burkett, Mutter, Hendrick, Cregger, Leaman, Price and Dr. Gates voted affirmatively.

VISITORS: Arnold Sexton, Sara Jennings, Ken Heath, David "Sport" Richardson, Joe Ellis, Steve Wymer, Jack Gardin, Brian Reed.

PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT: The purpose of this public hearing is to solicit public input on local community development and housing needs in relation to Community Development Block Grant funding for potential projects in the Town of Marion. Jack Gardin, MRPDC Representative, informed the Town that available grant monies might be used for Community Services, Recreation, Economic Development or Housing Rehabilitation Projects that target the low/moderate income population. Another Public Hearing will be held in March to identify specific projects for which applications will be submitted.

UPDATE ON PROGRESS OF LINCOLN THEATRE-JAMES MCNEIL: David "Sport" Richardson and Joe Ellis spoke on behalf of the Board of Directors of the Lincoln Theatre Foundation consisting of 20 members. They expressed appreciation for the Town's continued support of the Lincoln Theatre Restoration efforts. The Town serves as Fiscal Agent, provides local match funds, submits various reports and provides office space and related operations and support for the group. They noted major changes that have taken place this year. The Board of Directors chose not to renew the contract of the former Executive Director. Board Members continue to pursue grant monies and assist with the day-to-day operations until a new Director can be hired. Another major change is the reduction of the project cost to $1.5 million. Spectrum Design, a local architectural firm, has been hired to design the renovation to the structure. Burwill Company, Bristol, will prepare guaranteed cost estimates by early March 2002. Both firms are familiar with restoration of historical buildings. Previous grants obtained have been used for exterior and roof renovations and asbestos abatement. They noted that the electrical and plumbing in the building is obsolete and will be replaced. Construction concentration will be on the main auditorium. Seating will be similar to the original style. Back stage facilities, the balcony and other staging areas will be addressed later. The Board of Directors has divided into teams. Finance, Building and Program Teams have been working diligently in each area with the hopes of opening later this year. A major focus of the Lincoln Theatre Foundation is outreach to schoolchildren. Mr. Price requested that a report on the progress of the project be made to the Town Council at least quarterly. It was noted that the opening of the Lincoln Theatre will help make Marion and Smyth County a focus point of Southwest Virginia. Mr. Ellis stated that the Center in the Square of Roanoke has given advice and been a tremendous help in the process of restoring the Lincoln Theatre.

DISCUSSION OF 'WEE READ' PROGRAM-SARA JENNINGS: Mrs. Sara Jennings, a former teacher and Title I Coordinator (retired), has begun a program to encourage early reading to children. The "Wee Read" Program presents parents of newborn baby a book and information about the importance of reading to every child from birth. These materials are given to the parents prior to leaving the hospital and Smyth County Community Hospital is very supportive of the Program. Another book and information pamphlets are sent to the parents within 6 months of the birth of a child. The annual cost for the project is $5,500. Mrs. Jennings had obtained a $1,800 grant from the Smyth County Community Foundation and collected $3,700 in local contributions. She requested that Town Council consider support of the project in the 2002-2003 Budget in the amount of $1,000. She provided Council Members with statistics concerning the "high risk" children in Smyth County Schools with regard to reading. Mrs. Jennings stated that the Smyth County School System is considered the Fiscal Agent and all orders are placed thru the School System. Mr. Burkett moved that the "Wee Read" Program request be considered during budget preparation for FY 2002-2003. Mr. Leaman seconded the motion. The motion passed by a vote of 7 AYES and 0 NOES.

ACCOUNTS: Upon motion of Mr. Price, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $1,739,986.07. Messrs Burkett, Price, Mutter Hendrick, Cregger, Leaman, Price and Dr. Gates voted affirmatively. Mayor Helms asked that the Technology Committee prepare a report on computer leases for presentation at the March 18, 2002 meeting.

INVESTMENTS: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Burkett, Price, Mutter, Hendrick, Cregger, Leaman, Price and Dr. Gates voted affirmatively.

REQUEST TO ADVERTISE FOR ENGINEERING FIRM FOR EAST CHILHOWIE STREET BRIDGE-TOWN MANAGER: Following discussion and upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, Town Manager John Clark was authorized to advertise for an Engineering Firm to prepare the Preliminary Engineering Report on the East Chilhowie Street Bridge Project.

CONSIDERATION OF TREE ORDINANCE FOR ADVERTISING PUBLIC HEARING-COUNCILMAN HENDRICK: Mr. Hendrick presented a proposed Tree Ordinance as recommended by the Marion Tree Board. Adoption of a Tree Ordinance is one of the requirements for the Town of Marion to become a Tree City, USA community. Mr. Hendrick moved that a Public Hearing be set on March 18, 2002 at 7:00 p.m. to receive public input and adoption of the Tree Ordinance. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

PROPOSED LEASE BETWEEN TOWN AND ATKINS RURITAN-RECREATION DIRECTOR/ATTORNEY: Recreation Director Sam Wagner informed Council that the Town owns a parcel of property adjacent to the Ruritan Club in Atkins. Ruritan members propose to clear the property and establish a ball field. The property is currently overgrown and the Town has no immediate use for it. The proposed lease would allow the Town to terminate the agreement if the Town has a use for the property. At present the Town is liable for incidents that may occur on the property. If the proposed lease, prepared by the Town Attorney, is granted, the Ruritan will provide $500,000 in liability coverage. Some members of Town Council were concerned that the lease would include the spring. Mr. Fenyk advised that only the parcel to be used as a ball field would be included in the lease. The spring would not be included. Mr. Leaman moved that the Town authorize the lease of the vacant property adjacent to the Ruritan Club for use as a ball field, with the understanding that the spring is not included. Mr. Mutter seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

SALE ON CHRISTMAS LIGHTS-MAYOR HELMS AND COUNCILMAN PRICE: Mr. Price informed Council that there is an option to purchase Christmas lights at a 35% discount. These must be purchased on or before February 28, 2002. The Town of Marion, Downtown Merchants and Rotary Club have worked together on previous Christmas light acquisition. Council members were agreeable to purchase 40 decorations for Downtown. Mr. Clark stated that the Merchants and Rotary have assisted the Town in the cost of upgrading the lights in recent years. Ken Heath, Marion Downtown! Executive Director, advised that the Rotary Club has begun Christmas Decoration Fundraising and that letters have mailed to Downtown Merchants. Upon motion of Mr. Cregger, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Council members authorized Mr. Clark to place the order for 40 additional Christmas lights. Messrs Cregger, Leaman, Hendrick, Price, Burkett, Mutter and Dr. Gates voted affirmatively.

CHAMBER OF COMMERCE-RELOCATION: Smyth County Chamber of Commerce Director Allen Siedel and President Mindy Dyer were present concerning the proposed relocation of the Smyth County Chamber of Commerce from Main Street in Marion to the Old Bonham House in Chilhowie. Marion Town Council was given no official notice that the announcement would be made in the Smyth County News recently. Members of Marion Town Council expressed disappointment that the Chamber had not contacted the Mayor, Town Manager, or Council Members. According to the newspaper article the Bonham family would donate the house and property to the Smyth County Chamber of Commerce for $1. Chamber representatives had attended a recent Town of Chilhowie Council Meeting to discuss the offer. Evidently, there is a pre-existing T-21 grant in the Town of Chilhowie to use the property for tourism. Administration of the grant requires that the Chamber of Commerce man the site.

Mrs. Dyer apologized to the Town Council, from the Chamber, for not informing the Upper Level Members and localities of the proposal from the Bonham Family prior to the article in the Smyth County News. She stated that no decisions have been made and that even if the move takes place, there may be satellite offices in Marion and Saltville. Mrs. Dyer emphasized that the Chamber is only in the exploratory and information stage of the proposal. The Chamber did not seek a new location. It was offered to them for consideration.

Mayor Helms stated that it is his understanding that the reason for the proposed move was to save money. Mrs. Dyer stated that that was not the reason. The main reason would be to locate the Chamber in a more central location and nearer to Interstate 81 and heritage of the proposed Chilhowie site. Mr. Mutter stated that the Town Council has never received comments from the Chamber of Commerce that there is a need to relocate. Mr. Siegel stated that interested persons couldn't find the Chamber and often have no parking space. Mayor Helms asked why the Chamber had not come to the Town if there was a problem. He further noted that the Town has invested a great deal of funds in the downtown area in the Streetscape Project, renovation of upstairs apartments, façade grants and Lincoln Theatre restoration as well as supporting the Chamber. Ken Heath, Executive Director of Marion Downtown! agreed with Council opposing the possible move of the Chamber to Chilhowie. He added that Downtown maps indicate the location of the Chamber on Main Street. Council members took issue with the suggestion that tourists could not find the Chamber. They suggested that the Smyth County Chamber of Commerce consider doing a better job regionally to promote Smyth County and that it could be advertised to be across from the Smyth County Court House.

VIRGINIA MAIN STREET: Marion Downtown! Executive Director, Ken Heath, informed Council that the Virginia Main Street has developed a more uniform Interstate sign. It has been the practice of the Town to erect these signs at all four (4) entrances into Town. Virginia Main Street will pay for one sign. Dr. Gates moved that signs be purchased for all entrances into Town at a cost not to exceed $500. Mr. Mutter seconded the motion. Council approved the same unanimously. Messrs Burkett, Mutter, Price, Hendrick, Leaman, Cregger and Dr. Gates voted affirmatively.

REPORT FROM FINANCE COMMITTEE ON MATH-A-THON PROGRAM: the Finance Committee considered a request from Marion Primary School for donation or prizes for the Math-A-Thon Program. Dr. Gates moved that the Town donate three (3) individual pool passes for the 2002 season. The passes are valued at $75 each. The passes will display the name of the winner and will not be transferable. The Pool Manager may upgrade the passes to family passes, by paying the difference. Mr. Burkett seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

REPORT FROM STREET COMMITTEE ON WOLFE AVENUE PARKING: The Street Committee recommended that no action be taken at this time and that the Marion Police Department monitor the situation.

REPORT FROM STREET COMMITTEE ON WEST COYNER AVENUE CURB AND GUTTER: The Committee recommended that Council consider replacing the deteriorated curb and gutter during the FY 2002-2003 Budget preparation. Mr. Mutter asked that Mr. Clark send letters to residents in the area that the Town will consider replacement during the budget process.

REPORT FROM ARNOLD SEXTON WATER REQUEST: Arnold Sexton, owner of 41 mobile home sites on Keller Lane, requested permission to hire a contractor to replace the main line thru the mobile home park and install meters, 11 at a time. Mr. Sexton stated that he would install the lines at his expense and Town specifications. He then requested that the Town assume maintenance of the lines. Mr. Burkett expressed concern that approval of this request would set precedence. Mr. Sexton suggested that the Town set a master meter and allow Smyth County to assume maintenance of the lines. Council was not in favor of this suggestion. Mr. Burkett moved that the Town install the lines and charge hook up fees for this project. The motion was seconded by Mr. Mutter and carried by a vote of 7 AYES and 0 NOES.

BUILDING COMMITTEE ON POLICE/SENIOR CITIZEN HVAC: For some time there has been a problem with heating/cooling at the Marion Police Department. Most recently heat appears to be unregulated at the Police Department. The heater coil in the old furnace is no longer operational and overhead pipes need to be insulated to prevent heat from the upper floor (Senior Citizen Center) from escaping to the lower level of the building. Mr. Price moved that a 5-ton heating/cooling unit be installed at a cost of $6,900. The installation will include inspection of insulation to determine where excess heat is coming from. Mr. Cregger seconded the motion. Council approved the same unanimously. It was noted that $10,000 was allocated in the budget under the Police Department Capital Expenditures for this purpose. Messrs Burkett, Cregger, Mutter, Price, Hendrick, Leaman, and Dr. Gates voted affirmatively.

POLICE LT. JOHN TESTERMAN: Mayor Helms conveyed the Town's appreciation to Lt. Testerman for his actions during a rent hostage situation in Cumberland Heights. Lt. Testerman was the primary negotiator and the situation ended without incident.

SMYTH COUNTY MUSEUM: Mr. Burkett noted that the Smyth County Museum has requested additional funding. $2,500 had been allocated in the FY 2001-2002 Budget. Ms. Sheets was asked to review Town Council Minutes concerning this request.

PURSUANT TO CODE OF VIRGINIA, AS AMENDED, Section 2.2-3711-A-1 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 Fire Department personnel and other employee performance matters. Mr. Price seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Mr. Hendrick moved that Council reconvene to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during Closed Session. Mr. Price seconded the motion. Council approved the same unanimously. Messrs Burkett, Price, Hendrick, Leaman, Cregger, Mutter and Dr. Gates voted affirmatively.

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