PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Ken Heath, Mark Warren and Dr. James Gates (arrived late), Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Town Clerk/Director of Finance Dixie Sheets.

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

MINUTES: Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 6 AYES and 0 NOES, the minutes of the Marion Town Council Meeting held on April 17, 2006 were approved as written and distributed. Messrs Hendrick, Cregger, Leaman, Heath, Warren, and Clay voted affirmatively.

VISITORS: Addison Ratliff, Tanner Glenn, Henry Evans, Nick Groseclose, Brindon Udomratanavasi, Mary Briggs Graham, Katie Dishner, Mary Beth Graham, Sharon Dishner, Abbi Dishner, Todd Dishner, Ken Glenn, Kris Ratliff, Roy Evans, Scott Wilson, Jeff Spickard, Dan Kegley

UPDATE ON LEE STREET HIGHWAY PROJECT: The Town of Marion has received notification of the modification of the Town’s Department of the Army nationwide permit verification (Number 05-V0490) dated May 31, 2005, so as to authorize the Town to begin work in Staley Creek on Monday, May 1, 2006. The exemption to the Virginia Department of Game and Inland Fisheries normal time-of-year work restriction for trout waters, will allow for the installation of the Lee Street Bridge. Mr. Hicks reported that the bridge is ready. Removal of the existing bridge is scheduled to begin on May 8. All permits have been secured. The lower portion of Lee Street will be closed 3-4 weeks. Mr. Warren asked who is responsible to replace the gravel in the construction area. Mr. Hicks advised that Teaters Trucking is responsible for keeping the holes filled with gravel. He had discussed this matter with Mr. Teaters.

Mr. Clark stated that the Army Corps of Engineers has agreed to allow the Town to move the start date from June 1 to May 1. He expressed the Town’s appreciation to Congressman Rick Boucher’s office for their assistance in having the start date moved up.

NOTICE OF PUBLIC HEARING ON CLOSING A PORTION OF COURT STREET: A public hearing has been scheduled on May 15, 2006 at 7:00 p.m. to consider the closure of a portion of Court Street, at the request of the Smyth County Board of Supervisors for the renovation and expansion of the Smyth County Court House.

DISCUSSION OF PROCESS OF POSSIBLY SELLING OLD HAPPY’S BUILDING: Sealed bids for the former “Happy’s Restaurant” building will be received until 5:00 p.m. on May 5, 2006.

Mr. Heath noted that Bill Huber has expressed concern about the Happy’s Building architectural and cultural value to Marion’s Main Street. Mr. Huber had suggested that the building’s sale be contingent upon the buyer’s agreeing to maintain its existing appearance or to restore it to its original appearance. He also expressed concern about the current location of the Police Department and suggested that the Town consider moving the Police Department to the Happy’s Building. Members of Town Council did not feel that they should dictate what the purchaser does with the building, as long as it is in accordance with the Code.

Dr. Gates arrived.

APPROVAL OF PAY REQUEST # 1, IN THE AMOUNT OF $180,739.22 AND CHANGE ORDER #1 AND #2 IN THE AMOUNT OF $3,672 AND $3,317, RESPECTIVELY: The excavation for the sediment basin has been completed and the unsuitable soils removed. Demolition of the existing sidewalk and planter was also completed and new sidewalk installed. Partial payment request from the contractor, in the amount of $180,739.22, was considered for payment. Also considered for approval were Change Order # 1 and Change Order # 2, in the amounts of $3,672 and $3,317, respectively. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the requests for payment, in the amount of $180,739.22, was approved. Messrs Hendrick, Cregger, Leaman, Heath, Warren, Clay and Dr. Gates voted affirmatively.

Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Change Order # 1 was approved. Messrs Hendrick, Cregger, Leaman, Heath, Warren, Clay and Dr. Gates voted affirmatively.

Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Change Order # 2 was approved. Messrs Hendrick, Cregger, Leaman, Heath, Warren, Clay and Dr. Gates voted affirmatively.

UPDATE ON REPLACEMENT OF HIGH PRESSURE SODIUM LIGHTS: Mr. Clark reported that AEP has completed the project to change out 131 mercury vapor street lights to high pressure sodium lights on the east side of Town. AEP will now begin the upgrade of street lights on the west side of Town. Mr. Clark noted that he has contacted the VDOT Revenue Sharing Program concerning this project.

RECOMMENDATION FROM VDOT ON CHESTNUT STREET PARKING AND PROPOSED CLOSURE OF A PORTION OF COURT STREET: Mr. Hicks stated that he contacted VDOT Engineer, Ronnie Hubble, to request his advice on the proposed change in the Chestnut Street Parking scheme and the proposed closure of a portion of Town Street. Mr. Hubble will visit Marion on May 4 to view these locations.

VISIT BY TOWN OF ROCKY MOUNT: Members of the Town Council of the Town of Rocky Mount visited Marion on April 20. They were in Town to view the revitalization efforts in the Downtown area. They have extended an invitation for the Marion Town Council to visit their Town.

2006-2007 BUDGET PROCESS-SET MEETING FOR FULL COUNCIL REVIEW-TENATIVE DATE 5/25/06: The Finance Committee, Mayor, Town Manager, Town Clerk/Director of Finance, Deputy Town Clerk/Deputy Director of Finance, and Purchasing Agent have met each Friday recently to review departmental and overall budget requests and revenues. A Workshop has been scheduled, with the full Town Council, on May 25 at 5:15 p.m. to review the preliminary budget.

DESTINATION IMAGINATION: Members of the Destination Imagination Team from Marion Middle School were present to inform Town Council about their Team and that they have advanced to World Competition in Knoxville, TN and request funding for their traveling expenses. The Destination Imagination Team consists of 8 members and is a “creative problem solving” unit. They have been a team for 5 years and have advanced to World Competition for 4 of those years. Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, the request was referred to the Finance Committee for study and recommendation.

STEPPING OUT CHALLENGE: Mayor Helms stated that Marion Town Council had challenged other localities to participate in the Lifetime Wellness Center Stepping Out Competition. Members of the team wore pedometers and each was encouraged to walk at least 10,000 steps per day. Mayor Helms proudly announced that the Town of Marion won this competition.

BUDGET COMMITTEE: Dr. Gates reported that the Budget Committee will have a preliminary budget on May 25, including review of revenue sources. Another item to be discussed is the total town-owned vehicles and care, maintenance, and replacement of the same.

FEES FOR FIRE SERVICES: Mr. Clay advised that there is a new law that provides for the localities to charge for the services of emergency and fire vehicles. Upon motion of Mr. Warren, seconded by Dr. Gates, this item was referred to the Fire Committee for study and report. Mr. Clay will secure a copy of the legislation. Mr. Heath noted that the Towns of Wytheville and Pulaski charge for fire services. He has asked that they provide the Town information on their cost recovery process.

OLDER AMERICAN’S DAY: May 19 will be Older American’s Day on the Smyth County Court House Lawn. This event is well attended by Smyth County’s Older Americans. Police Chief Michael Roberts noted that, as in the past, Senior Citizen’s Director Mindy Dyer has requested that a portion of Park Street and a portion of Church Street be closed for the event (The area surrounding the Court House) from 10 am – 2 pm. Ms. Dyer also requested closure of Main Street during the same period. Town Council was not in favor of this request.

OLDER AMERICANS MONTH-CERTIFICATE OF RECOGNITION: Mr. Helms read the Certificate of Recognition. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Council approved the same.

CERTIFICATE OF RECOGNITION

OLDER AMERICANS MONTH ADULT ABUSE PREVENTION MONTH

WHEREAS, May is Older Americans Month and is recognized in the Commonwealth As Adult Abuse Prevention Month: and
WHEREAS, this designation provides a special opportunity to recognize and honor the Many contributions to our community by older adults and incapacitated younger Adults; and
WHEREAS, the mistreatment of vulnerable adults continues to be a social problem; and
WHEREAS, violence against the most vulnerable segment of the population causes harm To the whole.
NOW, THEREFORE, BE IT RESOLVED that the Mayors of Marion, Chilhowie, and Saltville recognize the month of May 2006 as OLDER AMERICANS MONTH/ ADULT ABUSE PREVENTION MONTH and calls upon all citizens to honor Our Older/Incapacitated Adults and to help prevent Adult Abuse.

PASSING OF RUTH CLARK: Mr. Clark extended his appreciation for the expressions of sympathy shown to him and his family during the recent passing of his mother, Ruth Clark.

INSURANCE COMMITTEE: Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, a meeting of the Insurance Committee was scheduled to review General Liability and Auto Insurance proposals.

LUAU AT THE LAKE: The Luau at the Lake will be held at Hungry Mother State Park on Memorial Day Weekend.

BRICK SIDEWALK/MARION DOWNTOWN: Mr. Heath requested that Ken Morrison be asked to re-work the sidewalk pavers on Commerce Street.

PRATER LANE RAILROAD CROSSING CLOSURE: Mr. Clark advised that he and Mr. Hicks met with D.C. Walker and Jerry Lewis concerning the property needed to go forward with this project. Mr. Clark advised that Mr. Walker and Mr. Lewis have stated that they will donate the land to the Town and a deed is to be prepared.

EMPLOYEE INCENTIVES: Deputy Clerk Susan Clark had submitted a proposal for Employee Incentives. She proposed that employees would earn a jacket in five-year increments. The cost per jacket will be $25. They would be lined, hooded, water-repellant with zip fronts and the Town of Marion logo on the front. At this time, 62 employees qualify. The initial cost would be $1,550. An employee must have 5 years service to qualify. Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the Employee Incentive was approved. Further, if funding can be determined, the incentive awards may begin prior to June 30, 2006.

ELECTION DAY: Marion Town Council elections will be held Tuesday, May 2, 2006.

TOWN OWNED VEHICLES: Mr. Clay asked that Council consider the purchase of hybrid or smaller vehicles or search for alternative fuel sources.

MARCH OF DIMES WALK: The March of Dimes Walk will be held along the Riverwalk on Saturday, May 6. Last year the Walk raised $30,000. Also, Marion Primary School was the top fund raiser, among schools, in the Commonwealth.

YOUTH GOVERNMENT DAY: Youth Government Day will be conducted on May 10. Seniors for local schools will “shadow” local officials from 9:15 a.m. until 1:00 p.m.

DISTRICT III TRANSIT: Mayor Helms noted that the use of the transit continues to rise. This is a great benefit and a well-used program.

PREPARATION OF DEEDS ON VARIOUS PROPERTIES-TOWN ATTORNEY: Mr. Fenyk reported that the deeds have been prepared and are under review by MRPDC. Both deeds, one to Smyth County Habitat for Humanity and one for the Buck family, includes language that MRPDC authorizes that the grant criteria has been met. He also has requested a letter from the MRPDC Director, David Barrett, stating that the properties and recipients qualify under the provisions of the DHCD grant. Mr. Fenyk is awaiting a response from MRPDC.

AGREEMENT FOR WILLIAMS ROAD WATER TANK: Mr. Fenyk asked that this item be continued pending letters to be mailed to inform the participants of their share of the cost of the project.

HUNGRY MOTHER ESTATES: Mr. Warren stated that he has been informed that Sally Morgan, Smyth County Development Coordinator, is aware of a party who is interested in purchasing the property on Callan Drive. Mr. Heath asked that Town staff make a courtesy call that the town is not interested in purchasing and developing this property. Mr. Clark was asked to convey the Council’s sentiments. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.