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

VISITORS: Angelina & Greg Chatham, Rev. Bill Wing, Robert and Robin Niehoff, Dave Fields, Joe Ellis, Dan Kegley

INVOCATION/PLEDGE TO THE FLAG: Rev. Bill Wing rendered the invocation. Mayor Helms led the Pledge to the Flag.

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

REPORT FROM PLANNING COMMISSION-REQUEST TO REZONE PROPERTY ON NORTH MAIN STREET- DONALD JONES: Mr. Hicks advised that the Planning Commission reviewed the request by Mr. Jones to rezone a parcel of property located behind Rite Aid from R-2 to Commercial General. Mr. Jones plans to sell the property and the potential buyer has proposed to develop the property and construct a Holiday Inn Express on the site, which is approximately 7 acres. Mr. Heath moved that a Joint Public Hearing be conducted on December 18, 2006 to consider this request and receive public input on the same. Mrs. Jennings seconded the motion. Council approved the motion unanimously.

REPORT ON TANK INSPECTION: Mr. Hicks presented a report on the condition of the Town Water Tanks. He noted that the tanks are inspected every other year. His report consisted of a review of each tank, with photos of the tank and assessed the maintenance needs of each tank. The Atkins tank is in the best shape with the McIntye and Review tanks in the most need of repair. Mr. Eric Herold of the Department of Health has agreed to assist the Town in devising a maintenance plan for the water tanks. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this matter was referred to the Water Committee for study.

ACCOUNTS: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $527,640.82. Messrs Hendrick, Warren, Leaman, Clay, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

INVESTMENTS: Mr. Heath moved that the Investment Report be approved as presented. Mrs. Jennings seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Clay, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

REQUEST FROM SONG OF THE MOUNTAINS-TIM WHITE: Mr. White was unable to attend the meeting. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

REPORT ON STREET LIGHT AUDIT: Mr. Clark reported that he has written to AEP representative Dan Adams concerning a list of street lights that have not been upgraded per the Town/AEP agreement. The Town is awaiting a response from AEP.

With regard to VDOT Revenue Sharing Funds, in the amount of $5,873, allocated for the Street Light Upgrade Project, Mr. Clark advised that it has been most difficult to locate a person to talk with concerning these funds. He has further been advised that prior to receiving funds, the Town must conduct an illumination study to ensure that the upgraded lights would comply with Federal Highway Administration Standards. Mr. Clark stated that it would not be worth the Town’s time to conduct the study and then replace the lights. The study would consume all or most of the VDOT allocation of $5,873. Mr. Clark noted that it may be in the Town’s best interest to drop the Revenue Sharing Funds and proceed on its own.

REQUEST TO LOCATE SENATOR-ELECT JIM WEBB’S OFFICE IN MARION-COUNCILMAN WARREN: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the following Resolution was adopted:

RESOLUTION
INVITING SENATOR-ELECT JAMES H. WEBB, JR.
TO LOCATE HIS SOUTHWEST VIRGINIA FIELD OFFICE IN MARION

WHEREAS, the Town of Marion wishes to congratulate Senator-Elect James H. Webb, Jr. on his victory in the recent election for the United States Senate, and

WHEREAS, the Town of Marion in centrally located in Southwest Virginia and on the Interstate 81 corridor, and

WHEREAS, the Town of Marion is eager to have the Senator’s Field Office located within Marion to serve the citizens of Southwest Virginia, and

WHEREAS, the Town of Marion looks forward to working with the Senator-Elect on endeavors enhancing the lives of all in Southwest Virginia;

NOW, THEREFORE BE IT RESOLVED that the Town extends an invitation to the Senator-Elect to locate his Southwest Virginia field office in the Town of Marion.

BE IT FURTHER RESOLVED that the Town Council extends best wishes for success in the Senator-Elect’s upcoming term in Congress.

RESOLVED this 20TH day of November 2006.

PRESENTATION OF THE TRASH PICKUP SCHEDULE FOR THANKSGIVING, CHRISTMAS AND NEW YEAR: Mr. Clark noted that the Thanksgiving, Christmas, and New Year Garbage Collection Schedule has been advertised in the Smyth County News, TV3 and posted in the Municipal Building.

REQUEST FOR PERSONNEL COMMITTEE MEETING ON RESOURCES: Mr. Clark advised that there is a position open at the Marion Police Department. He requested a Personnel Committee meeting to discuss this position. Also, there is a personnel issue to be discussed at the request of Robert Niehoff, employee at the Sewage Treatment Plant. Upon motion of Mrs. Jennings, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, these matters were referred to the Personnel Committee. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Personnel Committee was empowered to set a date for a formal hearing to consider Mr. Niehoff’s request.

POTENTIAL DONATION OF PROPERTY TO THE TOWN: Mr. Dave Fields, president of the MDRA, stated that it is his understanding the a parcel of property located on River Street, at the bottom of North Church Street, has been offered to the Town as a donation. He suggested that the Town accept this donation and allow for it to be cleaned up and become an extension of the Civitan Park. Town Attorney Mark Fenyk advised that there is no clear deed to this property. He noted that it is the donor’s responsibility to provide a deed to the property prior to exchange of ownership. Upon receipt of a proper deed, a survey would be conducted to identify which property is included in the donation. Following discussion and upon motion of Mrs. Jennings, seconded by Mr. Heath, this item was referred to the Real Estate Committee for study and report.

ORDINANCE COMMITTEE-REVIEW OF WATER/SEWER BILL SERVICE CHARGES: The Ordinance Committee recommended and Mr. Clay moved that the Ordinance be changed to “a fee which is periodically set by Town Council” with regard to Service Charges and that a public hearing be scheduled on December 18 to consider the same. Mrs. Jennings seconded the motion. Council approved the motion unanimously.

ORDINANCE COMMITTEE-REVIEW OF ORDINANCE ON JUNK CARS: Mr. Clay reported and moved that the Ordinance remain unchanged with regard to junk (inoperable) vehicles. Dr. Gates seconded the motion. Council approved the same unanimously.

FIRE COMMITTEE-ON CHARGING INSURANCE COMPANIES FOR FIRE CALLS AND PROPOSED RESOLUTION FOR THE SAME: Mr. Warren reported that several issues are to be resolved concerning the billing matters. Mr. Warren moved that this item be removed from the agenda. The motion was seconded by Mrs. Jennings and carried unanimously.

REAL ESTATE COMMITTEE ON POTENTIAL BURN BUILDING AND BIDDING BOUNDARY ON WEST SIDE OF PROPERTY: Mr. Clark reported that a parcel of Town property, located adjoining the Wastewater Treatment Plant, is being considered for a training facility for fire fighters. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued and Mr. Clark was asked to contact the Commonwealth for requirements.

Mr. Clark reported that there are approximately 8-10 acres on a parcel of Town property being used free of charge for livestock. He requested permission to request formal bids for use of the property. The property is already fenced and would not require any upgrade. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Town Council voted to allow Mr. Clark to solicit bids for rent of this property.

CROSSWALK SIGNS: It was reported that the new pedestrian crosswalk signs have been received and plans to install the same are being developed. Locations are also to be determined. Mr. Hicks suggested that these be installed in the spring. Several members of Town Council expressed a desire to install the signs as soon as possible.

DOWNTOWN PATROL: Chief Roberts stated that patrols Downtown will be increased during the holiday season.

RAILROAD CROSSING ON NORTH MAIN STREET: Mrs. Jennings asked if the railroad plans to attempt to smooth out the North Main Street Crossing before winter sets in. Mr. Hicks advised that plans are not to pursue any repair until spring 2007. He added that a concrete apron has been proposed, however, this plan must be considered by the railroad and VDOT.

NEW BUSINESSES: Mr. Heath reported that Plum Creek Gifts has opened on Main Street. Council expressed their pleasure at the opening of this new business.

GENERAL FRANCIS MARION HOTEL: The General Francis Marion Hotel has received the Virginia Downtown Development Association Award for Excellence. The Hotel is owned by Joe and Susie Ellis.

DISTRICT III TRANSIT: Mr. Heath suggested that the Town begin discussions with District III Governmental Cooperative concerning the use of the Transit to transport citizens to the Annual Hungry Mother Arts & Crafts Festival held the third weekend in July.

PARKING LOT ON COURT STREET: Joe Ellis expressed his appreciation to the Town staff for clean up efforts on the parking lot located on Court Street.

CALENDAR OF EVENTS FROM MARION DOWNTOWN: Mr. Heath advised that he has forwarded a list of events planned for the Downtown area to County Administrator Ed Whitmore.

NIMS TRAINING: Mr. Heath reminded Council Members and appropriate Town Staff that they are required to complete a NIMS examination as required by the Commonwealth of Virginia. A one day class is held annually to meet this obligation.

KUDOS TO PUBLIC WORKS: Town Council expressed their appreciation to Mr. Clark, Jack Perry and members of the Public Works Department for repairs to the brick sidewalks.

HOLIDAY PARADE: The Annual Holiday Parade was held on Sunday, November 19. It was well attended. Thanks were extended to all those who volunteered to make the parade a success!

TOURISM ASSOCIATION: Mayor Helms reported that the By-Laws continue to be under review. Mr. Fenyk advised that the attorneys from all jurisdictions plan to meet on this matter and finalize the By-Laws.

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