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 May 20, 2002 at 7:00 p.m.

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

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

MINUTES: Upon motion of Mr. Leaman, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed.

VISITORS: Dixie Parks, Bob May, Hal Campbell, Mary Francis Campbell, Tom Russell, Jim May, Cary Perkins, Natina Taylor, Monica Rodriguez, Keli Green, Tahina Lavalliere, Jerry Foster, Katie Strouse, Emily Tennant, Mark Warren, Sue Morrell, Evelyn Lawrence, Mike Speer, Tracy Sledd, Steve Wymer, Bo Surber, Jeannie Perkins, James Perkins, Robert Blevins, Kathy Blevins, Charles DeHart, Barbara Hall, Ryan Hall, Dennis Farley, David "Sport" Richardson, Glenna Elledge, Ellen Tuell, Ken Heath and Justin Franklin.

RESOLUTION OF CELEBRATION ON THE OCCASION OF THE 100^TH BIRTHDAY OF ELLEN ANNABELL JACKSON TUELL: Mayor Helms read the Resolution honoring Ellen Annabell Jackson Tuell on the occasion of her 100^th Birthday. Mrs. Tuell resides with her daughter, Glenna, on Goolsby Street. Upon motion of Mr. Cregger, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Resolution was adopted.

PRESENTATION OF PLAQUE TO BLUE RIDGE JOB CORP: Mayor Helms presented a plaque to the Blue Ridge Job Corps BRAD(Blue Ridge Against Drugs) Club in memory of Nathalie Agront-Andino.

REVIEW OF PROPOSED 2002-2003 BUDGET: Upon motion of Mr. Burkett, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was moved to the end of the agenda.

REQUEST FROM MRS. EVELYN LAWRENCE ON COMMUNITY CENTER: Mrs. Lawrence requested Town Council support for the plan to retain the Mt. Pleasant Church building as a Community Center for the Town and for tourism. She has approached the Smyth County Board of Supervisors concerning the plan. She intends to establish an endowment plan for the permanent maintenance of the Mt. Pleasant building. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was referred to the Building and Grounds Committee.

RESOLUTION DESIGNATING TOWN MANAGER AS SIGNEE FOR FEMA DECLARATIONS: Upon motion of Mr. Price, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, Marion Town Council approved Town Manager John E. B. Clark, Jr., as the Town’s agent with regard to FEMA applications and funding.

DISCUSSION OF DISPATCHING/RADIO IMPROVEMENTS AND AFFECT ON TOWN OF MARION: It was reported that 911 Coordinator Shannon Williams has requested that a frequency be closed belonging to the Town of Marion. Upon investigation it was determined that the frequency was owned by the Marion Volunteer Fire Department. A meeting was held with Smyth County and other affected agencies to discuss the matter. Representatives were informed that the County is in the planning process of developing four or five transmitter sites and towers that will central dispatch to reach virtually 100% of the County. The total project will cost approximately $2,000,000. Smyth County will fund the project in its entirety. The cost to the Town will be to replace the mobile units in the police cars at $700 per unit ($7,000.) The plan would include 8 frequencies so that all Fire, Police and Rescue Departments can communicate. Another meeting will be scheduled with the Marion Volunteer Fire Department and the Fire/Police Committee to resolve this matter. Upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 7 AYES and 0 NOES, this item was referred to the Fire/Police Committee.

COOPERATIVE PURCHASING AGREEMENT WITH HOUSTON CONSORTIUM: Mr. Fenyk informed Council that the Commonwealth of VA is prohibited from purchasing outside of the State. The Commonwealth suggests that the Town hire a buyer. No locality has gone outside of the Commonwealth with the Houston Consortium and the State advises the Town not to participate. Mr. Fenyk suggests that the Town go on line and speck the vehicles out to determine if the Town would save money with the Houston Consortium. The Town is not prohibited by law to go outside of the Commonwealth to purchase vehicles. Mr. Clark stated that he received a letter from Consultant Larry Stevens, and that he would get prices as part of his present fee. Dr. Gates added, that the Town must have amounts before proceeding. Upon motion of Mr. Cregger, seconded by Mr. Price this item should be referred to the Fire Committee. Discussion ensued; Mr. Cregger and Mr. Price withdrew their motions. Mayor Helms stated that other bids received did not have the same specifications as the bid Mr. Stevens submitted. He asked if the Town would still save money by going through Mr. Stevens? Mr. Leaman added that if the State does not agree with using the Houston Consortium, then a list of businesses that have used this Consortium should be obtained to make sure that the Town could save money with Mr. Stevens’ proposal. Upon motion of Dr. Gates, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, this item was referred to the Town Manager to obtain costs through Mr. Stevens for fire apparatus needed.

ACCOUNTS: Mr. Price moved that the Accounts be approved for payment in the amount of $709,543.61. Mr. Mutter seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

INVESTMENTS: Mr. Mutter moved that the Investment Report be approved as presented. Mr. Price seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

REPORT FROM INDUSTRIAL COUNCIL ON LINCOLN THEATRE: David "Sport" Richardson updated Council on the progress of the Lincoln Theatre. He stated that the contract has been signed with Spectrum Design. The contract for demolition is with Burwil Construction scheduled to begin in the fall. In the next phase, 1.35 million is needed to open the doors.

PROPOSED HIKING/BIKING TRAIL: Several citizens were in attendance to express their concerns about the proposed trail. Jeanie Perkins spoke on behalf of the citizens and requested Council hold a Public Hearing before voting on the proposed trail. Justin Franklin, of Anderson and Associates, asked the citizens to present a list of concerns in writing and submit them to the Town Manager’s office so that they may summarize them and include their concerns with their proposal. Anderson and Associates will not proceed until citizens have a chance to respond and updated plans are available to the public. Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, no action will be taken by Council on Hiking/Biking Trail until Public Hearing is scheduled.

WATER COMMITTEE ON TANK PAINTING AND VALVE/HYDRANT REPLACEMENT: Mr. Hicks informed Council that one bid was received for valve/hydrant replacement in the amount of $21,450 from Teaters Trucking, Inc. Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the bid was accepted in the amount of $20,950 (Hollow Road valve omitted from original bid). Mr. Hicks stated that one bid was also received for tank painting the HOT, COLD and Atkins tanks in the amount of $66,302. from Taylor Services. Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the bid was accepted.

POLICE COMMITTEE ON CLOSING NORTH CHURCH STREET: Chief Roberts informed Council that May is Older Americans Month and a lunch is scheduled for May 24, 2002 from 11:00am to 2:00pm on the Court House lawn and a request has been received from the Smyth County Multi-Disciplinary Team to close N. Church Street next to the Court House. Upon motion of Mr. Mutter, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, N. Church Street next to the Court House will be closed Friday, May 24, 2002 from 11:00am to 2:00pm.

SPECIAL COMMITTEE ON PROJECT CROSSROADS REQUEST: A motion was made by Dr. Gates, seconded by Mr. Hendrick to continue this item. Mr. Burkett stated that the house must be built by December 31, 2002 or grant money will not be available. Mr. Fenyk stated that this is Town property and does not need to be surveyed but cannot be donated, must be bid. The bid can have restrictions placed on it. Dr. Gates and Mr. Hendrick withdrew their motion and second. Upon motion of Mr. Cregger, seconded by Mr. Mutter and vote of 5 AYES and 2 ABSTENTIONS (Leaman, Burkett), Town Attorney Fenyk will research this item and report at the next meeting.

FINANCE COMMITTEE ON VEHICLE LICENSES FOR VOLUNTEER, IN-TOWN, FIRE AND RESCUE PERSONNEL AND POLICE CHAPLIN: It was noted that currently 11 Marion Volunteer Fire Department personnel reside inside the Corporate Limits of the Town of Marion and 13 Marion Lifesaving Crew Volunteers reside inside Marion. Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Fire and Rescue volunteers will be given one free Town of Marion auto decal, contingent to Smyth County policy.

STREET COMMITTEE ON WASSONA CIRCLE: Mr. Hicks advised that the Town plans to pave Wassona Circle and would like to widen the upper section to accommodate traffic flow. Letters have been sent to 8 property owners requesting their participation in the project. It has been the policy of the Town to participate 50% in the cost of installation of curb and gutter. The resident hires the contractor and presents the Town with the total bill after the Town Engineer has inspected the project. Due to the number of residents involved with the widening project on Wassona Circle, the Town is proposing to contract and administer the work and bill the residents for half of the cost.

This project will only go forward with 100% participation from the residents. Mr. Fenyk suggested a Special Tax District if there is not 100% participation. Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Mr. Fenyk will research a possible Special Tax District.

STREET LIGHT COMMITTEE ON WASSONA CIRCLE: Upon motion of Mr. Cregger, seconded by Mr. Price and vote of 7 AYES and 0 NOES this item was continued for further study.

Mr. Hicks informed Council that Riverbend Park should be paved the week of May 27, 2002. The road should be paved before the park opens. Callan Drive should be opened within 30 days.

Mayor Helms stated that Alex Cox and Steve Hagy graduated from the Police Academy recently. Also, Council is to cook for Lunch Time on the Lawn on June 14, 2002.

Mr. Fenyk stated that Adephia Cable franchise agreement with the Town of Marion states that if Adelphia is sold, approval must come from Town Council.

REVIEW OF PROPOSED 2002-2003 BUDGET: Upon motion of Mr. Mutter, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, a part-time position has been extended to a full time position and will be added to the Senior Citizens budget. Upon motion of Mr. Burkett, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Budget Committee will make budget adjustments in order to have a balanced budget, eliminating garbage increase.

PURSUANT TO VIRGINIA CODE SECTION 2.1-344 (A7), AS AMENDED, AND UPON MOTION OF Mr. Hendrick, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss personnel matters. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during closed session. Mr. Price seconded the motion. Council approved the same unanimously. Messers Burkett, Price, Gates, Leaman, Cregger, Hendrick and Mutter voted affirmatively.

Upon motion of Mr. Mutter, seconded by Mr. Price and vote of 4 AYES and 3 NOES(Gates, Leaman, Cregger), Town Manager John Clark’s salary will increase to $51,500.

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