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 March 18, 2002 at 7:00 p.m.

PRESENT: Mayor David P. Helms; 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; Town Engineer Cecil Hicks; and Police Chief Michael Rerts.

INVOCATION/PLEDGE TO THE FLAG: Rev. Charles DeHart rendered the invocation. Eagle Scout Nelson Freeman led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Price, seconded by Mr. Mutter, and vote of 6 AYES and 0 NOES, the minutes of the last meeting were approved as written and distributed. Messrs Price, Leaman, Hendrick, Cregger, Mutter and Dr. Gates voted affirmatively.

VISITORS: Shirley Blackwell, Ann Snider, Alice Freeman, Isaac Freeman, Dr. Paul Brown, Nelson Freeman, John Tilson, Dorothy White, Billy Whitt, Carolyn McCorkindale, Alan Seidel, Tracy Sledd, Bo Surber, Dickie Keesling, Cameron Wolfe, Jr., John Taminger, Anna Johnson, Karen Chamberlain, Rev. Charles DeHart, Jack Gardiner.

INTRODUCTION OF PETE COMBS/NEW EMPLOYEE: Mr. Clark introduced Mr. Pete Combs as a new Town of Marion employee. Mr. Combs is a Laborer I in the Public Works Department and a native of Marion. Mr. Combs was unable to be in attendance.

RESOLUTION OF COMMENDATION TO EAGLE SCOUT ISAAC NELSON DIBRELL FREEMAN: his parents, Isaac and Alice Freeman and Scout Master Dr. Paul Brown, accompanied Eagle Scout Isaac Nelson Dibrell Freeman. Mayor Helms read the Resolution and congratulated Eagle Scout Freeman. Mr. Price moved that the Resolution be adopted. Mr. Mutter seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Following the presentation, Mr. Freeman read a list of names of Eagle Scouts from Troop 93. He added that these Eagle Scouts are products of the Town of Marion Recreation Program. He thanked the Town for the programs made available to the youth of our Town and County.

TREE ORDINANCE: Mayor Helms opened the Hearing for Public input on the proposed Tree Ordinance adopting Chapter 76 to the Code of the Town of Marion, which establishes a Marion Tree Commission and Regulates the Planting, Maintenance Preservation and Removal of Trees, Shrubs and Vegetation on Public Property. Shirley Blackwell thanked members of the Tree Board and GrassRoots Conservancy for their work on this project. No other public comments were made. It was noted that the Ordinance only affects trees on public property. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the Tree Ordinance was adopted. Messrs Hendrick, Mutter, Cregger, Leaman, Price and Dr. Gates voted affirmatively.

CDBG PROJECT-EAST CHILHOWIE STREET/GILMAN STREET NEIGHBORHOOD DEVELOPMENT: Jack Gardiner, MRPDC, stated that the first public hearing was held to gather input on general needs of the Town. Meetings have been held with residents of the East Chilhowie Street/Gilman Street neighborhood and citizen’s advisory board. The Town proposes to apply for $872,370 of Virginia Community Development Block Grant Funds for the Gilman/East Chilhowie Streets Comprehensive Project. Local match for the project would be $120,000. One citizen asked if the project would include replacement of the sewer line along Chilhowie Street. Mr. Gardiner stated that replacement of the sewer line is a separate project being considered by the Town. No other public comments were made. Mr. Hendrick

moved that the application process proceed. Mr. Price seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Cregger, Mutter, Leaman, Price, Hendrick and Dr. Gates voted affirmatively.

FIRE VEHICLE BIDS AND ACTION ON FUNDING APPLICATIONS-PURCHASING AGENT AND TOWN MANAGER: Mr. Clark reported that a pre-application for funding for fire vehicles has been prepared for Rural Development. Mr. Clark advised that the Town does not qualify for Rural Development Grant funds for purchase of fire trucks. He further requested permission to apply for FEMA grant funds. The application deadline is April 1, 2002. The application will request $2,861,728 in grant funding, requiring a $317,969 local match. Mr. Mutter moved that Mr. Clark proceed with the FEMA grant application. Dr. Gates seconded the motion. The motion was adopted by a vote of 6 AYES and 0 NOES.

Bids for new fire engines have been received. They were considerably higher than anticipated. Fire Chief Steve Wymer and Assistant Fire Chief B. J. Hamm requested additional time to review the bids. Mr. Hamm informed Council that bid requests were sent to 10 vendors. Only 2 responded. Upon motion of Mr. Mutter, seconded by Mr. Price and vote of 6 AYES and 0 NOES, Council granted the request from the Fire Department to allow for additional time to review the bids.

SITUATION ON REGENCY DEVELOPMENT-TOWN MANAGER: Mr. Clark reported that notice has been received from Developer Ray Anderson that upon the recommendation of their architects, the application for federal tax credits for construction of the Marion Trace Apartment Complex has been withdrawn. Mr. Anderson cited existing drainage problems in the area and extensive rock on site. He expressed an interest in securing other sites to develop in the Town of Marion, possibly next year.

Mr. Fenyk advised that notice of opposition to the Marion Trace project was received from Mack Trammell. Mr. Trammell is owner of Marion Manor Apartments. These apartments are in the process of being renovated. Mr. Fenyk added that Mr. Trammell opposes tax credits for housing at any time and requests that he be notified should the request for tax credit resurface.

RIVERBEND PARK-COUNCILMAN PRICE: Mr. Price stated that Council had made a conscious decision to replace the proposed metal roof and dormers on the shelter at Riverbend Park to 30 year architectural shingle and that the Town would absorb the difference in cost. He advised that architectural shingles last longer and look better. He stated that a 25-year standard shingle was used. Mr. Hicks stated that there was a miscommunication between the Town and contractor and the specification of 30 year architectural shingles was not conveyed. He noted that the contractor had exceeded several areas of the contract. He installed concrete rather than asphalt curbs, extended the fencing and upgraded 20 year to 25-year shingles. Mr. Price agreed that there was probably a miscommunication. However, the Town did not get what they had voted for. Mr. Mutter moved that the Town require the contractor to remove the standard shingles from the shelter roof and replace with architectural shingles. Mr. Price seconded the motion. The motion was defeated by a vote of 3 AYES and 4 NOES (Hendrick, Leaman, Gates, and tie-breaker Mayor Helms).

Mr. Leaman moved that the Town Attorney review this matter and advise of the proper procedure to settle it. The motion died for lack of a second.

ACCOUNTS: Mr. Mutter moved that the accounts be paid in the amount of $324,306.86 from the General Fund. Dr. Gates seconded the motion. Council approved payment of the accounts by a vote of 6 AYES and 0 NOES. Messrs Cregger, Leaman, Price, Mutter, Hendrick and Dr. Gates voted affirmatively.

DUMP CLOSURE MONITORING: Mr. Hicks reported that the Town must perform monitoring for 2 more years before the requirement is lifted as long as the Town is not pressed into assessment monitoring. EPA regulations require testing be performed twice per year.

INVESTMENTS: Mr. Price moved that the Investment Report stating that no investments were made during the past month be accepted. Mr. Mutter seconded the motion. Council approved the report unanimously. Messrs Cregger, Leaman, Price, Mutter, Hendrick and Dr. Gates voted affirmatively.

UPDATE ON SMYTH ENTERPRISE CENTER-CAROLYN MCCORKINDALE: Ms. McCorkindale informed Council that for the Smyth Enterprise Center to become a success it is in need of active support and commitment of funds. She related that eight jobs and five businesses have resulted from the Center. She stated that a newsletter and new brochure have been developed to promote the Center.

REQUEST FROM SCHOOL BOARD ON TRAFFIC SITUATION: Mr. Phillip C. Hopkins, Chairman of the Smyth County School Board, requested the Town of Marion to study the situation at Marion Primary School and help the School Board develop plans for future traffic circulation. The School Board has hired Spectrum Design to develop plans to renovate Marion Intermediate School and to study and plan for the improvement of parking and bus and automobile traffic at the Intermediate and High Schools. Upon motion of Mr. Mutter, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, this matter was referred to the Street Committee. Mr. Leaman suggested that the Town involve VDOT in this matter.

NOTICE OF QUARTERLY MEETING-MAYOR HELMS: The Town of Chilhowie will host the Quarterly Meeting of the Towns and County on March 26, 2002 at 6:00 at Chilhowie’s newly constructed Municipal Building.

NOTICE OF RESIGNATION FROM TRANSDOMINION EXPRESS-MAYOR HELMS: Mayor Helms informed Council members that Marshall Guy has resigned from the Passenger Rail Steering Committee of the TransDominion Express, effective 3/31/02. Mr. Guy cited health reasons for his resignation. Former Mayor Guy has served on this committee since its inception and his efforts are greatly appreciated by the Town of Marion. Upon motion of Mr. Price, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, Mr. Guy’s resignation was accepted. Members of Town Council were asked to consider nominations for this position.

REQUEST TO SET MEETING OF RECREATION COMMITTEE ON MARION LITTLE LEAGUE AND RIVERBEND PARK: Mr. Clark requested a meeting of the Town Council Recreation Committee be scheduled to discuss Riverbend Park. Reservation and general maintenance issues will be discussed. Marion Little issues will also be discussed. Dr. Gates moved that this matter be referred to the Council’s Recreation Committee. Mr. Leaman seconded the motion, which carried by a vote of 6 AYES and 0 NOES.

REPORT ON BUDGET PROCESS: Mr. Clark reported that letters were mailed to those agencies generally represented on the Town’s Budget under Community Development, asking them to submit requests for funding. Department Heads have completed their budgets and the same has been entered into work-sheet form. The Finance Committee will begin review of the proposed budget on Wednesday, March 27, 2002 at Noon and most every Wednesday at Noon thereafter.

REPORT FROM ORDINANCE COMMITTEE ON AEP AGREEMENT-MEMBERS AND ATTORNEY: A Public Hearing will be held at the April 1, 2002 meeting to receive input on consideration that AEP is a sole-source provider of electric service in our area. Upon motion of Mr. Leaman, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, a Public Hearing was scheduled as advertised. Mr. Fenyk stated that the Town has requested and been granted an extension to allow for the Public Hearing. He recommends that the Town approve Option 3.

BUSINESS APPRECIATION WEEK: The week of May 12-18 has been designated statewide as Business Appreciation Week. Ken Heath, Executive Director of Marion Downtown!, is planning a Membership Dinner and Awards Ceremony on May 9, 2002. He requests that the Town adopt a Proclamation to designate Business Appreciation Week. This item was continued.

TRACTOR SUPPLY: Mayor Helms announced that the Grand Opening for Tractor Supply would be held on March 23, 2002.

VDOT TRANSPORTATION BOARD MEETING: Mayor Helms asked that Mr. Hendrick and Mr. Clark prepare a presentation for the meeting. Mr. Clark was asked to schedule a Street Committee meeting to determine the Town’s needs.

PUBLIC MEETING-SCRATCH GRAVEL ROAD: VDOT will conduct a public information meeting on April 16, 2002 from 4 pm - 7 pm to discuss the rebuilding of Scratch Gravel Road.

MRPDC: Mayor Helms encouraged Council members to attend the MRPDC Annual Meeting in Galax on April 4, 2002.

BOIL WATER NOTICE: Mr. Hicks informed Town Council that a Boil Water Notice for all Town of Marion water customers was issued at 10 am on March 18, 2002. The area had received 4" of rainfall over the weekend, causing the turbidity at the Town Spring to rise. This order was issued under recommendation of the Health Department as a precautionary measure. Mr. Hicks added that the Town has adequate water stored to supply the Town.

HUNGRY MOTHER ESTATES: Mr. Hicks advised that the Health Department has approved the utilities at Hungry Mother Estates development. The plans will now be referred to the Planning Commission.

SENIOR CITIZEN CENTER: Mr. Leaman asked that the Town consider the purchase of a new computer to be used at the Senior Citizen Center. He suggested that appropriations be considered to purchase an additional computer. It is his opinion that these items are badly needed for our seniors.

ROLE OF LOCAL GOVERNMENT AND THE INTERNET: Mr. Hendrick reported that he attended the seminar sponsored by Congressman Rick Boucher. He has attended these meetings since 1993 and has found each to be most informative.

WEB PAGE: Mr. Hendrick recommended consideration of employment of a data processing person for the Town of Marion during the budget process.

ADELPHIA CABLE COMPLAINT: Mr. Mutter stated that he had received several complaints that Adelphia Cable bills were mailed late and there was concern that service could be discontinued and late penalties assessed. He had contacted Hilda Sexton, General Manager, who advised that there was a data center problem and no late charges or cut offs would occur as a result of the internal problem.

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