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 April 1, 2002 at 7:00 p.m.

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

INVOCATION/PLEDGE TO THE FLAG: Rev. Charles DeHart rendered the invocation. Mayor Helms led the Pledge to the Flag.

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

VISITORS: Helen Snavely, David "Sport" Richardson, Melissa Beavers, Dennis Beavers, Rev. Charles DeHart.

PUBLIC HEARING FOR THE PURPOSE OF CONSIDERATION OF AMERICAN ELECTRIC POWER AS A SOLE-SOURCE PROVIDER OF ELECTRIC SERVICE TO THE TOWN OF MARION: The purpose of this hearing is to consider American Electric Power as a sole-source provider of electric service to the Town of Marion. There was no comment from the public on this matter. Upon motion of Mr. Hendrick, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Council voted American Electric Power (APCo) as a sole-source provider for electric power to Marion.

Mr. Hendrick moved that Council adopt the Resolution as recommended by VML to extend the current contract to June 30, 2007. Also included, is the extension of the Street Light Contract at no increase except for adjustments due to the "fuel factor". Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

UPDATE ON LINCOLN THEATRE-DAVID RICHARDSON: David Richardson reported that Mary Margaret Justis has been selected as the Lincoln Theatre Executive Director. Ms. Justis has experience in management and fundraising. He stated that she will be an asset to fundraising efforts and helpful in gaining regional exposure and credibility to the restoration project.

On behalf of Lincoln Theatre, Inc., Mr. Richardson requested consideration of matching funds, in the amount of $2,500, for a Virginia Commission for the Arts Local Government Challenge Grant, during the preparation of the Town’s 2002-2003 Budget. The same request will be made to the Smyth County Board of Supervisors. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the request was referred to the Budget Committee.

Mr. Richardson presented a draft budget for the Lincoln Theatre Project. He explained that the project budget includes Historic Tax Credits. Lincoln Theatre, Inc. is a non-profit organization. An investor, such as a large bank, may use historic Tax Credits. The Theatre would be turned over to the "for profit" organization as a partner. After 5 years, there is a requirement that the partnership is dissolved and the Theatre be turned back to Lincoln Theatre, Inc. During the five years, the Theatre must remain open and maintained as a theatre.

VDOT PRE-ALLOCATION PUBLIC HEARING-COUNCILMAN HENDRICK: Mr. Hendrick advised that the Commonwealth Transportation Board’s Regional Financial Planning and Programming Meeting for the Bristol District would be held on Thursday, April 4, 2002 at 9:30 am at the Southwest Virginia Higher Education center in Abingdon, VA. He noted the current highway projects underway in Marion. These include the upgrade of Prater Lane and closure of the Prater Lane railroad crossing, renovation of the Chilhowie Street Bridge, Park Boulevard Hiking/Biking Trail, construction of Route 16 intersection and Fowler Street Extension.

The Town will ask VDOT to consider the upgrade of S. Church Street. The project has been requested previously and has been included in the 6-year plan. VDOT is currently working on another section of Scratch Gravel Road (County section of S. Church Street). Another project to be considered is the alternate route to bypass the North Main Street railroad crossing.

Mayor Helms noted that the County Administrator has suggested that the Towns of Chilhowie, Marion and Saltville and Smyth County present a joint request at the meeting. This may be more practical due to funding issues. Upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 7 AYES and 0 NOES, the Manager was granted authority to meet with the County and other Town of Saltville, and Town of Chilhowie representatives to discuss the joint presentation.

HEALTH DEPARTMENT APPROVAL OF W&L UTILITY PLAN: Notice has been received that the water line installation plan presented for Hungry Mother Estates has been approved by the Virginia Department of Health. Approval of the sewer line plan is pending.

PEARL AVENUE COMPLAINT: Helen Snavely, Melissa Beavers, and Dennis Beavers presented Council with a petition of 32 names to complain that the property located at 405 Pearl Avenue should be cleaned up outside and junk removed. The neighbors stated that the property poses a hazard both health wise and to that of children in the area. They stated that refrigerators and freezers are outside with doors attached where children could get locked inside. Neighbors also fear that the trash and debris may attract vermin to the area. Chief Roberts noted that the Marion Police Department has received numerous complaint calls and has issued a number of warrants to this address. Chief Roberts was asked to meet with the attorney to determine the course of action to be taken.

STREET COMMITTEE-REQUEST FROM SCHOOL BOARD OF TRAFFIC SITUATION-STAGE STREET/PRIMARY SCHOOL: Mr. Steve Buston, VDOT Resident Engineer, met with Cecil Hicks and recommended the following: 1) Restrict 1 way traffic from Stage Street to Highland Drive; 2) Erect appropriate signs; 3) Develop a cul-de-sac at the east end of the street. Mayor Helms and Mr. Hicks do not feel that this is a good plan. The Town has several other proposals under study. VDOT was asked to study this situation.

Dr. Gates and Mr. Mutter were unclear on what the County School Board wanted to accomplish. They noted that the Police direct traffic in the congested areas and that the problem is remedied within approximately 10-15 minutes. Upon motion of Mr. Cregger, seconded by Mr. Price and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee for additional study.

RECREATION COMMITTEE RIVERBEND PARK: Dr. Gates presented the following guidelines and schedule for the operation of Riverbend Park. The hours of operation will be 6 am - 11 pm. There will be no reservation policy, at this time. Usage will be on a first come first served basis. Buildings and Grounds crews will maintain the shelter and the Recreation Department will help with mowing the facility. Arrangements will be made for weekend cleanup with the Buildings and Grounds crew. The Police Department will be in charge of locking and unlocking gates and bathrooms to the facility. Mr. Fenyk added that the Town has an Ordinance in place for Police to charge those who violate the regulations of Town parks.

RECREATION COMMITTEE-REQUEST FROM MARION LITTLE LEAGUE: Dr. Gates informed Council that Marion Little League has been practicing on the small field behind Marion Middle School. They have requested to use the field, control box, scoreboard, and all necessary facilities to play official games. The Committee did not feel comfortable to grant permission for games to be held, however, they did decide to allow them to use the facility as a practice field. Dr. Gates moved that the request to use the field for Marion Little League games be denied. Mr. Leaman seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

TECHNOLOGY COMMITTEE-UPDATE ON COMPUTER INVENTORY: Mr. Hendrick reported that C.T. Eagle compiled an inventory of the Town’s computers and related equipment. He stated that leases cover 13 of the Town’s computers. The Committee plans to review the inventory and determine if leases will be renewed. This item was continued.

SANITAITON COMMITTEE ON MCINTYRE PLACE SEWER EXTENSION REQUEST: A request has been received from Margaret Graves to connect to the Town sewer line at Prater Lane for service to residents of McIntyre Place. Mr. Hicks reported that sewer is not currently serving four (4) houses on McIntyre Place. The residents have requested permission to connect to the Town sewer. They propose to build the line to a point determined by Town staff and provide the Town with permanent easements to be approved by the Town Attorney. The Town would install one (1) manhole and upgrade the 4" line to an 8" line. Mr. Clark stated that letters would be mailed to the residents detailing the agreement. Upon motion of Mr. Cregger, seconded by Dr. Gates, Council voted unanimously for the Town to proceed with the project. Messrs Burkett, Price, Leaman, Hendrick, Cregger, Mutter and Dr. Gates voted affirmatively.

Mr. Leaman stated that the difference with the McIntyre Place request and Country Club Road request is that the residents of McIntyre Place propose to build a manhole and the line to the Town connection point. The Town will oversee the installation of the entire project.

WATER COMMITTEE ON VALVE REPLACEMENTS-HOLLOW ROAD AND WATER TANK PAINTING: Mr. Burkett reported the following recommendations of the Water Committee: 1) Water line be installed on Hollow Road before the is street is paved. 2) Repair of 8 fire hydrants and numerous valves in the system. Estimated cost is $20,000. 3) Paint the outside of Hot & Cold Water Tanks and Atkins Water Tank. Dr. Gates moved that these projects be presented for bid. Mr. Burkett seconded the motion. Council approved the same unanimously.

FOWLER STREET EXTENSION: A deed restriction in the sale of the property to W-L Construction from Bill Callan required the connector street from Prater Lane to Route 16 to be named Callan Drive. Mr. Cregger moved that the new section of street between Prater Lane and Route 16 be named Callan Drive. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Shannon Williams, 911 Coordinator, has agreed to name the street Callan Drive.

MOUNT ROGERS PLANNING DISTRICT COMMISSION-SPRING MEETING: Mayor Helms reminded members of Council that the MRPDC Spring Meeting would be held April 4, 2002 in Galax, Virginia at 6:00 p.m.

YOUTH GOVERNMENT DAY: Mayor Helms noted that Youth Government Day would be held on Tuesday, April 9, 2002.

APPRECIATION FOR STREET LIGHT: Mayor Helms advised that a thank you note has been received from Charles and Betty Sawyers for the street light request recently granted by Town Council.

GRANT MONIES-DEPARTMENT OF FORESTRY: Mr. Clark reported that funding is available on a 50% match basis for use by the Fire Department. Dr. Gates moved that the Town file an application for this funding. Mr. Price seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

STREET COMMITTEE: Mr. Clark reported that Anderson & Associates are prepared to review the plans for the Hiking/Biking Trail on Park Boulevard. This item was referred to the Street Committee.

BUDGET COMMITTEE: The Budget Committee will meet on April 3, 2002 at Noon.

BLUE RIDGE TRAVEL ASSOCIATION OF VIRGINIA: Blue Ridge Travel Association recently received a grant through Appalachian Regional Commission to create a plan to increase entrepreneurial, tourism-based businesses in our region. A planning meeting will be held on April 9, 2002 at 2:00 p.m. at the Mount Rogers Planning District Commission in Marion.

FEMA GRANT/FIRE EQUIPMENT: Mr. Clark reported that the Town staff has prepared the FEMA Grant Application. Funds requested are $750,000.

WELCOME TO MARION SIGN/PARK BOULEVARD: Mr. Hicks reported that the "Welcome to Marion" sign was damaged by an automobile late Sunday night. He presented a photograph of the damaged sign. Mr. Mutter asked that a complete report be presented at the next meeting.

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