PRESENT: Mayor David Helms; Eugene Hendrick, Herbert Clay, Mel Leaman, Ken Heath, and Mark Warren, Council Members; Town Engineer’s Assistant Todd Long; Town Manager John E. B. Clark, Jr.; Purchasing Agent B. J. Hamm; Town Attorney Mark Fenyk; Police Chief Michael Roberts; 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: Juanita Shields, Jeff Spickard, Jean Powers, Carolyn Lee, Nancy Purefoy, Sally Moorer, Anna Carolyn Moore, Bill Fields, Shirley Lockhart, Jaylyn Gillespie, Karen Gillespie, Regina Roberts, Evelyn Lawrence.

MINUTES: Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 5 AYES and 0 NOES, the minutes of the meeting conducted on July 3, 2006 were approved as written and distributed.

RESOLUTION OF COMMENDATION TO THE GRADUATES OF THE CARNEGIE HIGH SCHOOL OF MARION, VIRGINIA: Evelyn Lawrence, Carolyn Lee, Nancy Purefoy, Regina Roberts and Bill Fields were present to represent the Carnegie Alumni Committee. Mayor Helms read the following Resolution:

RESOLUTION OF COMMENDATION TO
THE GRADUATES OF THE CARNEGIE HIGH SCHOOL
OF MARION, VIRGINIA
WHEREAS, Carnegie High School was built through the concerted efforts and leadership of Reverend Amos H. Carnegie, resulting in the continuous operation of Carnegie High School from 1931 to 1965; and
WHEREAS, the graduates of Carnegie High School have become successful in education, law, dentistry, electronics, nursing, mental health, banking construction, cosmetology, mechanics, sewing, business insurance and other important areas; and
WHEREAS, Carnegie High School had an enviable reputation developing the individual potential of each of the students by emphasizing the life principles of Reverend Carnegie; and
WHEREAS, Carnegie High School and its graduates are an integral part of the Town of Marion.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of Marion, Virginia that the graduates of Carnegie High School are commended for the many contributions that they have made in various endeavors.
BE IT FURTHER RESOLVED that the Council extends best wishes for a successful and memorable reunion to all of the former students and teachers of Carnegie High School.
RESOLVED, this 17th day of July, 2006.

Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 5 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION TO DESIGNATE JULY 22, 2006 AS “EVELYN LAWRENCE DAY””
A RESOLUTION OF RECOGNITION OF
MRS. EVELYN LAWRENCE
ON THE OCCASION OF
“EVELYN LAWRENCE DAY”
IN MARION, VIRGINIA

WHEREAS, Mrs. Evelyn Lawrence began her career as an educator in 1940 as a teacher at Carnegie School located on Iron Street in Marion, Virginia and was later a teacher at Marion Primary School in Marion, Virginia and worked continuously as an educator for forty-four (44) years ; and

WHEREAS, Mrs. Lawrence was always attentive to her duties, cheerful, and had the Town’s children’s best interest at heart; and

WHEREAS, Mrs. Lawrence faithfully and diligently performed her duties and served the citizens and the children of the Town of Marion ; and

WHEREAS, Mrs. Lawrence elected to retire in 1983.

WHEREAS, Mrs. Lawrence was more than willing to help others and assist whether at school, church, or community events; such as children’s plays and the Sesquicentennial Celebration or providing music for Greenwood United Methodist Church; and

WHEREAS, Mrs. Lawrence has shared knowledge of historical events with the Community, including, but not limited to, the story of “The Crying Tree” which has brought attention to the Town from far and wide; and

NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Marion, Virginia, extend their appreciation to Mrs. Evelyn Lawrence for the years of dedicated service as a teacher, historian, and community-minded citizen of the Town of Marion; and

BE IT FURTHER RESOLVED, that this body designate July 22, 2006 as “Evelyn Lawrence Day” in celebration of her many contributions to our community and extend best wishes to Mrs. Lawrence for good fortune, long life, and much happiness for many years.

RESOLVED, this 17th day of July, 2006.

Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the Resolution was adopted. Mayor Helms presented Mrs. Lawrence with the Resolution.

MEMORANDUM OF AGREEMENT ON FIRING RANGE: It was noted that the Town Attorney has reviewed and approved the following document.

AGREEMENT OF USE
TOWN OF MARION FIRING RANGE

THIS AGREEMENT, made by and between the Town of Marion, Virginia and the Virginia Department of Corrections, Marion Correctional Treatment Center, authorized the use of Town of Marion Firing Range by Marion Correctional Treatment Center staff for the purposes of certification and re-certification with various weapons in use throughout the Department of Corrections.

IT IS AGREED that the Marion Correctional Center Training Officer will provide tentative dates, quarterly, for utilization of the firing range. The training office will call at least three (3) days before the actual date for the use of the firing range to confirm availability of the range.

IT IS AGREED that Marion Correctional Treatment Center will be responsible during the months of May through August to provide supervised inmates to cut the grass and trim around the firing range on a bi-monthly basis.

IT IS AGREED that Marion Correctional Treatment Center vehicles will be parked in designated parking areas.

IT IS AGREED supervisory staff will strictly monitor and control the conduct of all staff and inmates while at the firing range to assure professional conduct and eliminate the use of profanity, abusive language and/or other acts not conforming to professional conduct.

IT IS AGREED that Marion Correctional Treatment Center will install and maintain a portable toilet and small storage shed for the storage of range supplies such as targets.

IT IS AGREED by the Town of Marion and the Department of Corrections, Marion Correctional Treatment System that in consideration for services to be provided at the firing range by Marion Correctional Treatment Center this agreement will remain in effect until December 2007 and the term shall be automatically extended on an annual basis for subsequent years, if written notice to terminate is not received by August 31st of each calendar year beginning in the year 2007.

IT IS AGREED that Marion Correctional Treatment Center can terminate this agreement at any time during the term of this agreement or during any extension of this agreement by giving written notification of termination to the Town of Marion.

Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 5 AYES and 0 NOES, the Agreement was approved. Messrs Hendrick, Heath, Clay, Leaman, and Warren voted affirmatively.

ACCOUNTS: Mr. Warren moved that the accounts be paid in the amount of $308,129.99 from the General Fund. Mr. Leaman seconded the motion. Council approved the motion by a vote of 5 AYES and 0 NOES. Messrs Hendrick, Heath, Clay, Leaman, and Warren voted affirmatively.

INVESTMENTS: Upon motion of Mr. Clay, seconded by Mr. Hendrick, and vote of 5 AYES and 0 NOES, the Investment Report was approved as distributed. Messrs Hendrick, Heath, Clay, Leaman, and Warren voted affirmatively.

INVITATION TO PULASKI BLUE JAYS GAME: The Town of Pulaski and Pulaski Baseball, Inc. invited the Town Council and Town Manager as guests for a Pulaski Blue Jays baseball game. Mr. Clark asked that those interested contact him to determine an appropriate date.

TOWN OF BROADWAY – INTEREST IN TRIP TO VIEW THE TOWN’S URBAN FORESTRY: Shirley Blackwell, President of the Grassroots Conservancy has arranged to have an overnight trip to the Town of Broadway to observe their urban forestry program. If there is sufficient interest, arrangements can be made for staff and elected officials.

WATER COMMITTEE – RAYMOND THOMAS WATER CONNECTION IN PRUITT HOLLOW AREA OF KELLER LANE: Council considered a request from Raymond Thomas to install a water connection to his property in Pruitt Hollow. Todd Long reported that the existing line is a private line and that there is no easement or right-of-way along the line. A pump station is also connected to the 2” existing line. There are two) houses on the existing line. One was built by H. S. Williams and one by Robinson.

Town Attorney Mark Fenyk advised that as this matter is in regard to real estate that it should be discussed in Closed Session. This matter was discussed in Closed Session at the end of the Open Meeting.

BUILDING AND REAL ESTATE COMMITTEE ON LANE ENGINEERING CHANGE ORDER #2 AND PAINTING: According to Lane Engineer representative, Jeff Spickard, Change Order #2 requested permission to amend design for a loading dock, at the request of WTP Superintendent Bob Mason. Mr. Spickard had informed Town Council that the cost for design would be $1,750.

Mr. Clay and Mr. Heath questioned why the loading dock was not addressed in the initial design. They were informed that it was an over site and problems with delivery trucks has been an issue for some time. Mr. Heath expressed concern that the design price was very high and felt that the loading dock was being added for convenience rather than necessity. A lengthy discussion ensued.

Mr. Warren moved that an amount, not to exceed $1,750, be allocated for design. The addition could then be bid and cost determined. Town Council would then consider the amendment. Mr. Leaman seconded the motion. The motion was approved by a vote of 5 AYES and 0 NOES.

PAINTING: Mr. Warren stated that each department has been requested to submit a list of painting needs in their department. These will be returned to the Town Manager for preparation of a work schedule.

WATER TREATEMENT PLANT PROJECT REPORT: Mr. Spickard advised that the project is progressing well. The Engineers are awaiting the report on the concrete problem. The project is on schedule.

FINANCE COMMITTEE-RECOMMENDATION ON EAGLE SCOUT HUNTER SHIELDS REQUEST: Juanita Shields, mother of the Eagle Scout Candidate Hunter Shields, and Scout Leader Jean Powers were in attendance. Mrs. Shields presented an overview of her son’s project. She provided photographs of the project. Her son has requested financial assistance in the amount of $150 to provide skate boards and trash receptacles for the skate park. The skate park will be located at Freedom Tabernacle Church in Atkins. When asked if the skate park would be open to the public, Mrs. Shields responded that anyone may use the park, but would be required to sign a waiver. This item was continued.

FINANCE COMMITTEE-REQUEST FROM MRHA-PAYMENT IN LIEU OF TAXES: This item was continued.

PERSONNEL COMMITTEE-ADJUSTMENT IN PAY PLAN: Mr. Clark advised that the language of Town of Marion Personnel Manual Section 4.05 (Probationary Period) is unclear. He suggested that the Personnel Committee review the section and make necessary adjustments to the instructions contained in this Section. They will then be presented to Council for approval. The change will level the “playing field” for all Town employees.

WATER TREATMENT OPERATOR NEEDED: Mr. Clark advised that it is critical that the Town secure a qualified WTP Operator. Several issues are considered in this request. One employee has accepted a position with another agency Also to be considered is the retirement of Bob Mason, WTP Superintendent. The applicant pool is very limited for the position. The position will be re-advertised with an increased starting level.

SEWAGE TREATMENT ODORS: Mr. Heath advised that a gentleman which he met with at the Annual VML Conference will visit his office on Tuesday, July 18, 2006, to discuss matter with regard to sewer odor. Anyone is invited to attend.

ARTS AND CRAFTS FESTIVAL AND DOWNTOWN DAYS: These will be held this weekend from July 21 thru July 23. This event also hosts the Annual Chili Cook-Off and a Car Show.

CARNEGIE SCHOOL REUNION: The Carnegie School Reunion will be held this weekend also.

HIGHWAY MAINTENANCE FUNDS: Mr. Hendrick reported that the Town should receive $37,000 more than anticipated from Highway Maintenance Funds.

DANGEROUS CROSS-WALKS: Mr. Clay expressed concern that vehicles do not stop for pedestrians in cross-walks. He noted several near-disasters have occurred when pedestrians try to cross Main Street. Council discussed education of the public and enforcement of the law regarding this matter.

FIRE STATION LIGHT: Mr. Clay advised that drivers of vehicles do not stop at the red light located at the Fire Station to allow fire vehicles to respond on emergency calls. Mayor Helms noted that the light is activated by the dispatchers and can also be activated by firemen as they exit the Fire Station. Mayor Helms stated that often the light does not stay on long enough for the fire vehicles to exit the Station. These issues will be worked out with the dispatchers and other necessary personnel.

TOWN SECTION MEETING: Mayor Helms requested any suggestions for discussion at the up-coming VML Town Section Meeting.

REQUEST FOR A STOP SIGN AT THE INTERSECTION OF EAST COYNER AVENUE AND HENRY STREET: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 5 AYES and 0 NOES, this item was referred to the Street Committee for study and recommendation.

COMPLIMENTS ON DOWNTOWN AREA: Mayor Helms informed Town Council that several visitors and citizens returning home have made favorable comments concerning the changes in the Downtown area.

FREEDOM OF INFORMATION/CONFLICT OF INTEREST: Mr. Fenyk advised that all Town officials and employees involved in the preparation or signing of contracts and important documents must submit Conflict of Interest Forms to the Town Clerk. It is further a requirement that these individuals sign a form stating that they have read all required documents concerning Freedom of Information and Conflict of Interest.

FRANCHISE FEES: Mr. Fenyk distributed documentation that there is a move to have the FCC handle all Cable TV Franchise matters and a set percentage would be remitted to the locality. Mr. Fenyk advised that he is concerned that if this bill does pass, it may not be as beneficial to the Town.

LEE STREET PROJECT: Mr. Long reported that the project is proceeding slowly.

CRIMINAL JUSTICE GRANT: Chief Roberts advised that his department has successfully qualified for a DCJS Grant in the amount of $2625 with an $875 local match required. The funds would be used for the purchase of a power point projector, DVD, and pamphlets for methamphetamine awareness and education. The remainder of funds will be used to purchase children’s identification kits. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 5 AYES and 0 NOES, the request was approved. Messrs Hendrick, Leaman, Clay, Warren and Heath voted affirmatively.

CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (a-1,4,3) and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 5 AYES and 0 NOES, Town Council entered into Closed Session for the purpose of discussing protection of individuals, personnel issues, and real estate issues. Mr. Hendrick moved that Town 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 the Closed Session. Mr. Leaman seconded the motion. Council approved the motion by a vote of 5 AYES and 0 NOES, Ms. Sheets polled the Council. Messrs Hendrick, Leaman, Heath, Clay and Warren voted affirmatively.

WATER CONNECTION REQUEST FROM THOMAS: Following a lengthy discussion in Closed Session, Mr. Hendrick moved that due to the precedent that has been set previously, we approve a meter for Mr. Thomas be installed on the existing water line (with Mr. Thomas bearing all expenses regarding the project including a meter to be installed for Yeary near other meters, separate meters for Parks and Robinson to eliminate the subtraction problem for utility billing), contingent upon sufficient water pressure to be determined by the Town Engineer. Mr. Heath seconded the motion. Town Council approved the motion by a vote of 3 AYES and 2 NOES (Leaman, Clay).

POSITION AT WATER TREATMENT PLANT: Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the Town Manager was authorized to re-advertise the position and increase the top end salary two steps. For a successful applicant with a Class II license the top hourly wage would be $14.82; for a successful applicant with a Class I license the top hourly wage would be $14.95 or $15.32 per hour. Additionally, the Town Manager was authorized to consider transferring someone from the Sewer Treatment Plant to the Water Treatment Plant. These individuals do not posses Water Certification, however, they would be given credit for their Sewer Certification and be able to achieve their Class I or Class II Certification in one and a half or two years.

Upon motion, duly seconded, and vote of 5 AYES and 0 NOES, the meeting was adjourned.