PRESENT: Mayor David Helms; Eugene Hendrick, Herbert Clay, Mel Leaman, Ken Heath, Mark Warren, Suzanne Jennings and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Purchasing Agent B. J. Hamm; Town Attorney Mark Fenyk; Police Lt. Rex Anders; Town Clerk/Director of Finance Dixie O. Sheets.

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

VISITORS: Dave Fields, Buford Cregger, Judy Cregger, Brian Cregger, Clayton Cregger, Jeff Spickard

MINUTES OF MEETING OF 6/19/06: Mr. Clay cited that with regard to the Lee Street Project, the minutes should not have stated that the project could be completed in two weeks from 6/19/06. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on June 19, 2006 were approved as corrected. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

MINUTES OF MEETING OF 6/30/06: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on June 30, 2006 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

WELCOME TO NEW TOWN COUNCIL MEMBER SUZANNE JENNINGS: Mayor Helms welcomed Suzanne B. Jennings to the Town Council. Mrs. Jennings replaced Buford C. Cregger who decided not to seek re-election.

RESOLUTION OF COMMENDATION TO FORMER TOWN COUNCIL MEMBER BUFORD C. CREGGER: Mayor Helms read the Resolution. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Resolution of Commendation was adopted. Mayor Helms expressed the Town’s appreciation to Mr. Cregger for his service to the Town of Marion.

APPOINTMENT OF TOWN MANAGER: Upon motion of Mr. Leaman, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, John E. B. Clark, Jr. was appointed Town Manager.

APPOINTMENT OF TOWN ENGINEER/ASSISTANT TOWN MANAGER: Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Cecil Hicks was appointed Town Engineer/Assistant Town Manager.

APPOINTMENT OF POLICE CHIEF: Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, Michael Roberts was appointed as Police Chief.

APPOINTMENT OF TOWN CLERK/DIRECTOR OF FINANCE: Upon motion of Mr. Leaman, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Dixie O. Sheets was appointed Town Clerk/Director of Finance.

APPOINTMENT OF TOWN ATTORNEY: Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, Mark Fenyk was appointed Town Attorney.

APPOINTMENT OF TOWN COUNCIL COMMITTEES: Upon motion of Mr. Leaman, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Town Council Committees were accepted as recommended by Mayor Helms and Vice-Mayor Hendrick.

APPOINTMENT OF VICE-MAYOR: Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 6 AYES and 1 ABSTENTION (Hendrick), Eugene Hendrick was appointed Vice-Mayor.

APPOINTMENT TO MOUNT ROGERS PLANNING DISTRICT COMMISSION BOARD: Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 6 AYES and 1 ABSTENTION (Gates), Dr. James Gates was appointed to Mt. Rogers Planning District Commission Board.

APPOINTMENT TO DISTRICT III BOARD: Upon motion of Mr. Leaman, seconded by Mr. Heath, and vote of 6 AYES and 1 ABSTENTION (Hendrick), Eugene Hendrick was appointed to the District III Board.

APOINTMENT OF DOWNTOWN HOUSING BOARD: Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 6 AYES and 2 ABSTENTION (Hendrick, Heath), the following individuals were appointed to the Housing Board: Tami Blevins, Harry Howe, Sam Burkett, Larry Gibbs and Council Member Mr. Hendrick.

APPOINTMENT TO LINCOLN THEATRE BOARD: Upon motion of Mr. Leaman, seconded by Mr. Heath , and vote of 6 AYES and 1 ABSTENTION (Dr. Gates), Dr. Gates was appointed to the Lincoln Theatre Board. ADOPTION OF CHANGES IN THE CODE OF VIRGINIA, AS AMENDED, BY REFERENCE: Town Attorney Mark Fenyk informed Council Members that each year the Town Council is required to adopt any changes in the Code of Virginia. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the changes in the Code of Virginia of 1950, as amended were adopted by reference.

FREEDOM OF INFORMATION BREAKFAST SCHEDULED FOR JULY 6 AT THE NEW PIONEER: Town Attorney Mark Fenyk will present an overview of the Freedom of Information Act on July 6, 2006 at 7 am at the New Pioneer Restaurant. This is a mandatory meeting for the Mayor, Town Council Members and certain staff members.

APPROVAL OF CHANGE ORDER #2 OF ENGINEERING: Mr. Spickard informed Council members that Water Treatment Plant Superintendent Bob Mason has requested a revision to the loading dock configuration. He stated that the change in construction cost is yet to be determined, however, they will attempt to keep the increase as small as possible by reducing the original loading dock replacement at the existing stairs. The additional fee increase in revised structural drawings for alignment change to include loading dock-extending past the building corner at 45-degree angle to improve delivery truck access is estimated at $1,750. Upon motion of Dr. Gates, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Change Order # 2 request was referred to the Building Committee.

APPROVAL OF CONTRACTOR PAY REQUEST #3: Pay Request # 3 for the Water Treatment Plant Improvements to contractor Frizzell Construction was presented in the amount of $149,927.90. Mr. Spickard advised Town Council of a portion of unacceptable concrete work at the site. It is being determined what course of action to take with this problem. Town Council will be kept apprised of the situation. Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the request was approved. Messrs Hendrick, Leaman, Clay, Warren, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

ADDITIONAL PAY REQUEST FOR WATER TREATMENT PLANT PROJECT: Mr. Clark advised that Administrative Fees in the amount of $2,283.45 and Project Inspection Fees in the amount of $4,635.00 are also due and payable. Mr. Clark further recommended that all Water Treatment Plant Project payments be approved together in the future. This will assist in enabling staff to better track the budget items and funding agency payments. Town Council Members concurred. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the pay requests were approved as presented by Mr. Clark. Messrs Hendrick, Leaman, Clay, Warren, Heath, Dr. Gates, and Mrs. Jennings voted affirmatively.

REQUEST FROM MR. HUNTER SHIELDS: Eagle Scout Candidate Hunter Shields requested $150 donation to be used toward the cost of his Eagle Scout project for a skate park. The skate park will be at Freedom Tabernacle Baptist Church and used for youth camps or for events on weekends. The skate park will be portable and stored until used. In addition to the portable skate park, skateboards and a trash container will be needed. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, this request was referred to the Finance Committee for study and recommendation.

UPDATE ON TOWN SPRINGS: Mr. Clark informed Council Members that the Town Spring was taken off-line from Tuesday, June 27 until Friday, June 30, after 5 inches of rain. The turbidity rose beyond the acceptable level. He added that to further the problem, the WTP is operating with only two Class I Operators at the WTP, with the resignation of Jerry Richardson. Mr. Clark advised that the Town advertised for a Class II WTP Operator and received only two (2) applications for the position and only one of those was qualified.

Mr. Clark requested a meeting of the Water Committee to discuss the recent turbidity of the spring, shortage of qualified WTP Operator and the Keller Lane issue. Mr. Clay so moved and Mrs. Jennings seconded the motion. Council approved the motion unanimously.

PUBLIC COMMENTS: Mr. Dave Fields, 204 West Main Street, stated that he does not plan to discuss the County Sewer Meters or pending Arbitration to resolve the matter. He did, however, state that as a taxpayer, he objects that his tax dollars may be used to “fight” amongst ourselves (Town and County).

FINANCE COMMITTEE-REQUEST FROM MRHA-PAYMENT IN LIEU OF TAXES: Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this item was continued.

BUILDING & GROUNDS COMMITTEE-PAINTING VARIOUS BUILDINGS: Mr. Warren moved that a list of areas in need of paint and various minor maintenance issues be compiled and areas be repainted or repaired. Mr. Clay seconded the motion. Council approved the same unanimously. Messrs Hendrick, Warren, Clay, Leaman, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

BUILDING & GROUNDS COMMITTEE-DR.GANDHI REQUEST TO PURCHASE PROPERTY: Mr. Warren reported that it is the Building and Grounds recommendation that the Town thank Dr. Gandhi for his offer to purchase certain land on Euclid Avenue but that the Town should retain the land surrounding the Water Tank located on Euclid Avenue. Mr. Warren so moved. Mr. Heath seconded the motion. Council approved the motion unanimously.

PERSONNEL COMMITTEE-ADJUSTMENT IN PAY PLAN: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.

NEWLY ELECTED COUNCIL MEMBER TRAINING: Mrs. Jennings noted that she would be unable to attend the next Council Meeting to be held on July 17, 2006 due to her attendance at the Newly Elected Council Member Training during that week.

WORKING THE THIRD OF JULY: Mr. Clay acknowledged Town employees for working on the 3rd of July. He noted that State, County and certain localities did not work on the 3rd of July. The Town of Marion was open for business.

TOWNS/COUNTY QUARTERLY MEETING: The Town of Marion at the General Francis Marion Hotel hosted the Towns/County Quarterly Meeting on June 29. A delicious meal was served and Hungry Mother State Park Manager Christopher Doss and Chief Ranger Glenn Moorer presented an informative program on the 70th Anniversary of the Virginia State Park System.

CHILI TEAM: Mayor Helms activated the Town Council Chili Team for competition in the Marion Downtown Chili Cook off on July 21. Chief Chef Leaman and Grill Foreman Gates stated that they were up to the challenge. The other members of the Chili Team are ready to perform their respective duties.

EVELYN LAWRENCE DAY: Mayor Helms noted that several letters and newspaper articles from near and far have resulted from Mrs. Evelyn Lawrence sharing the “Crying Tree” story with our community during the Sesquicentennial Celebration. It has been suggested that the Town Council designate an “Evelyn Lawrence Day” in honor of a lady that has been an intricate part of our Town for so long. Mrs. Lawrence was a teacher at Marion Schools. She has served her community as a church worker; children’s play organizer, and historian. As the Carnegie School Reunion is scheduled during the weekend of July 21-23, it was suggested that the designation take place then when many of Mrs. Lawrence’s family, out of town friends, and former students may be available to share her special day. Mrs. Jennings moved that the Mayor contact the appropriate person to select the date and set that date at the next Town Council Meeting. Mr. Heath seconded the motion. Council approved the motion unanimously.

ARBITRATION PROCESS REPORT-ATTORNEY FENYK: Mr. Fenyk reported that the process is in motion and selection of an arbitrator on behalf of the Town of Marion has begun.

LEE STREET PROJECT UPDATE: The process continues. Mr. Hicks reported that the “footers” for the bridge will be install this week, weather permitting.

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