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

VISITORS: C. B. Gwyn, Rita Copenhaver, Jeff Spickard, Dave Fields and Dan Kegley

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 7 AYES and 0 NOES, the minutes of the meeting held on 8/21/06 were approved as written and distributed. Messrs Hendrick, Leaman, Warren, Heath, Clay, Dr. Gates, and Mrs. Jennings voted affirmatively.

SHERWOOD ANDERSON FESTIVAL: Rita Copenhaver gave a brief overview of the activities planned for the Second Annual Sherwood Anderson Festival to be held beginning September 8 thru November. The event includes exhibits, tours, lectures, and performances in music and drama. Mrs. Copenhaver urged the community to attend events as often as possible.

Mrs. Copenhaver also requested a donation of $1,500 from the Town of Marion to the Sherwood Anderson Festival. She presented a detailed budget and potential funding sources. Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the request was referred to the Finance Committee.

PROCLAMATION-IN HONOR OF SHERWOOD ANDERSON:

WHEREAS, SHERWOOD ANDERSON was one of the most influential writers of the early modernist period in American literature and he produced novels, short stories, essays and an autobiography;

AND WHEREAS, SHERWOOD ANDERSON was a friend and mentor to Ernest Hemingway, William Faulkner, Carl Sandburg, Georgia O’Keeffe, Alfred Steiglitz, Wharton Esherick, John Marin, Edward Hopper and many other writers and artists;

AND WHEREAS, SHERWOOD ANDERSON moved to Southwest Virginia in 1925, bought two newspapers in 1927 and through his editorials commented on the lives and personalities of residents of Marion and Smyth County;

AND WHEREAS, SHERWOOD ANDERSON married Marion native Eleanor Copenhaver in 1933 and under her influence became involved in southern labor conditions and the labor movement throughout the world in the 1920’s and 1930’s;

AND WHEREAS, SHERWOOD ANDERSON lived in Southwest Virginia until his death in 1941 and is buried at Round Hill Cemetery in Marion, Virginia;

AND WHEREAS, SEPTEMBER 13 is the anniversary of his birthday; THEREFORE BE IT PROCLAIMED that the Town of Marion honors Sherwood Anderson on September 13, 2006.

Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Proclamation was adopted with thanks to the volunteers responsible for this project.

REPORT ON LEE STREET PROJECT: Mr. Hicks reported that the project is nearing completion. He added that he will coordinate the paving with W-L Construction and Paving. W-L is a sub-contractor of the General Contractor.

REQUEST FROM JOHN H. TATE ON CLOSING YEW STREET: Continued to Public Hearing on 9/18/06 at 7:00 p.m.

APPROVAL OF PAY REQUEST AND UPDATE ON WATER TREATMENT PLANT CONSTRUCTION: Pay Request Requisition # 5 in the amount of $223,762.86 was presented for approval. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the request for payment was approved. Messrs Hendrick, Leaman, Clay, Heath, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

UPDATE ON TOWN STREET ENGINEERING PROPOSALS: Mr. Clark reported that only one proposal was received. Lane Engineering submitted the proposal. The project will include the area between Commerce and S. Church Street. The proposal is within budget and is ready to be presented and upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Water Committee and Attorney.

REPORT ON BID RESULTS FOR PAINTING: Two (2) bids were received for painting of various buildings on August 29, 2006. The apparent low bidder was Smyth Paint and Decorating at $31,369.00. Dr. Gates stated that funds for the painting project are unbudgeted. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the painting bids were referred to the Real Estate Committee to prioritize the work needed and make recommendations to Town Council.

PERMISSION TO BID BACKHOE PER BUDGET: Specifications for a budgeted Rubber Tired Backhoe/Loader were presented to Council for review and permission to place for bid. Mr. Leaman noted that the Equipment Committee has not met on this matter. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Purchasing Agent, B.J. Hamm, was given permission to proceed with the bid process for a backhoe.

PATRIOT’S DAY OBSERVATION-SEPTEMBER 11, 2006 AT 7 PM: Due to the restrictions placed upon the use of Smyth County Court House property and lawn, the Patriot’s Day Observance has been relocated to the Town Hall.

Dr. Gates asked that someone contact VML to inquire if other localities with Court Houses located in town are being restricted for public use. Mr. Warren stated that by statute and state law the Judge has control of the Court House and grounds.

RECONSIDER APPROVAL OF CLOSURE OF A PORTION OF COURT STREET FROM PARK STREET TO NORTH CHURCH STREET: This item was placed on the agenda at the request of Councilman Warren. Mr. Warren advised that he had a discussion with Judge Kirksey. He stated that Judge Kirksey spoke favorably of the Marion and Smyth County Communities and stated that ours is a unique situation and a meeting will be scheduled to work issues out. Mr. Warren moved that this item be continued. Mr. Clay seconded the motion. The motion was approved by a vote of 5 AYES and 2 NOES (Dr. Gates, Mr. Leaman).

REQUEST FOR SPECIAL USE PERMIT-JONATHAN B. FREEMAN-HOME BASE BUSINESS-INTERNET CATALOG COMPANY-504 ½ PARK BLVD.: Jonathan B. Freeman requested a Special Use Permit to locate a home-operated business at 504 ½ Park Boulevard. The property is owned by Reba F. Lefler. Mr. Freeman has written permission from Ms. Lefler to operated a catalog business from the residence. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, this item was set for public hearing on October 2, 2006 at 7 PM.

BUILDING & REAL ESTATE COMMITTEE AND WATER COMMITTEE-WATER TREATMENT PLANT LOADING DOCK REVISION AND BULK STORAGE AT WATER TREATMENT PLANT: Dr. Gates advised that chemicals for the WTP are purchased in bulk. He suggested construction of an above ground storage tank. The tank would require a heating source. Cost of the storage facility would be between $30,000-$50,000 but could be recouperated in 3-5 years with the reduced costs of purchasing the chemicals in bulk. Cost of the facility could be covered by excess loan funds already available to the Town. The storage facility would require a change order. The Water Committee recommended and Dr. Gates moved that this matter be referred to Project Engineer Jeff Spickard of Lane Engineering to contact the General Contractor to discuss this possible addition to the project. Mr. Spickard noted that this addition will not affect the progress of the WTP project. The motion was seconded by Mr. Heath and carried unanimously.

OKTOBER FEST: Mrs. Jennings advised that she has had several telephone calls in opposition to the sale of beer and wine on public property at the Oktober Fest. Mr. Heath advised that Joe Ellis has offered to allow the beer and wine sales to be held on his property at the courtyard behind the Grand Ballroom. Thus the beer and wine sales will not be conducted on public property.

MUNICIPAL BUILDING – FRONT DOORS: Mr. Hendrick stated that the front doors of the Municipal Building need to be repaired or replaced. Mr. Clark will handle the matter.

SHUCK N CLUCK: Mr. Heath reported that the Shuck ‘N Cluck held on September 2 at Hungry Mother State Park was a success. It was well attended and a great time was had by all.

BONHAM HOUSE OPENING: An Open House will be conducted on September 21 from 6-8 PM at the Bonham House in Chilhowie.

STORM WATER – TOWN STREET: It was reported that Mrs. Boehm has requested that the Town investigate the storm water run off on Town Street. This matter was referred to the Street Committee for study and report.

LEE STREET BRIDGE: Mr. Heath moved that the bridge on Lee Street be renamed in honor of Samuel S. Burkett. Mr. Burkett faithfully served the citizens of Marion for 30 years as a member of Town Council. Many of those years, he served as Vice-Mayor. Mr. Clay seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

REPORT FROM ATTORNEY-WATER TANK AT DEPARTMENT OF CORRECTIONS: Mr. Fenyk asked that this item be continued.

CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (A7) and upon motion of Mr. Hendrick , seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss possible litigation. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters identified and legally exempted from Open Session were discussed during the Closed Session. Mr. Heath seconded the motion. Council approved the motion unanimously. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

COUNTY SEWER METER: Mrs. Jennings moved that Dr. Gates represent the Town Council at the Smyth County Board of Supervisors meeting, with a fact sheet, and present the Town’s case publicly, to the Board of Supervisors, as a whole, to request the cost of two (2) sewer meters already replaced for the County and a third meter to be located on the Staley Creek line. The motion was seconded by Mr. Clay and carried by a vote of 4 AYES and 3 NOES (Heath, Clay , Leaman).

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