PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Suzanne Jennings, Herbert Clay, Ken Heath, Mark Warren and Dr. James Gates, Council Members; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Purchasing Agent Billy Hamm; Town Attorney Mark Fenyk; Deputy Town Clerk/Deputy Director of Finance Susan Clark.

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

VISITORS: Marion Police Dept. Officers Steve Widner, Rex Anders & Keith Clark; Jeff Spickard, Carolyn Mullins, Marcie Smith, Stacy Smith, Daniel Smith, Deborah Gibas, Mike Gibas, Tinker Smith, Delphia Little, Anna Little, R D Pickleseimer, Judy Darnell, Joshua Edwards, J B Smith, Victor Thomas, Gary Heniger, Jessica Hill, Travis Hill, Wayne Armstrong, James Little, Steven Schwartz, Brooke Widner, Lisa Widner, John Leedy, Jerry Buck, Charlie Clark, Ella Keesee, Mechelle Lefever, Tori Lefever, Scott Cleveland, Fred Perdue, Lee Thomas, Carla Thomas, Bill Spanker, Jackie Edwards, Luck Edwards, Johntavus Brown, Kalia Brown, Lee Catron, Mike Lampkins, James Pennington, Jr., Lynn Garrett, Edna Pennington, Michael Campbell, Christopher Campbell, Arlen Taylor, William Jones, Ashley Jones, Freda Jones, Tressy Hoofnagle, James Dancy, Bill Garrick, Donald Jones, Dreama Edwards, Timothy Edwards, Donald Blevins, Scott Perdue, Sarah Perdue, Howard Bruce

MINUTES: Mr. Clay cited that with regard to the Tourism Association. The minutes should have stated that their were 6 Ayes and 1 No (Clay). Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES the minutes of the meeting held 2/05/2007 were approved as corrected. Messrs Hendrick, Clay, Warren, Leaman, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

RESOLUTION HONORING OFFICER STEVE WIDNER: Mayor Helms read and presented the Resolution to Officer Widner. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Council approved the Resolution.

CONSIDERATION OF TERM LIMITS ON AIRPORT COMMISSION: Mr. Warren stated that all committees for the Town of Marion have term limitations except the Airport Commission. Upon motion of Mr. Warren, seconded by Mr. Heath, terms should be limited to two consecutive terms.

Mayor Helms stated that the appointment to the Airport Commission is a joint appointment with Smyth County and Smyth County does not have term limitations. Mr. Hendrick added that the Airport Commission has their own By-laws, there are no set limitations and any changes should be made through the Commission. Mr. Warren and Mr. Heath respectfully rescinded their motions.

Mayor Helms advised Council that the Town and Smyth County must agree to limitations because of the joint appointment to the Airport Commission. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Ordinance Committee and Smyth County is to be consulted.

CONSIDERATION OF JOINT APPOINTMENT OF MR. BOB DIX TO THE AIRPORT COMMISSION: Mr. Billy Dungan, Pilot asked Council to consider appointing one of three applicants; Gary Heniger, Travis Hill and Cecil Hicks to the Airport Commission. Mr. Dungan stated that a change should be made in order to improve the Airport. Improvements would generate more revenue for the Airport.

Mr. Jeff Jones added that the Commission has no Capital Outlay plan and no Budget and Commission members should be held accountable for procedures followed by the airport. The Pilots have worked to make improvements at the airport. New leadership would bring new ideas and improvements to the airport. Several new businesses are coming to Smyth and Wythe Counties and improvements would invite them to use the airport.

Mr. Travis Hill informed Council that the Pilots Association was told that Mr. Dix’s term would not expire until the fall of 2007; therefore the Association did not have a representative in attendance at the Board of Supervisors meeting when the Board voted to re-appoint Mr. Dix. Mr. Dix is on the State Aviation Board and on the Airport Commission and this can be considered a conflict of interest when voting on behalf of the Commission at the State meetings. Most airports in Southwest Virginia are being upgraded, but Mt. Empire Airport is lacking in improvements.

Mr. Leaman stated that since some members of the Pilots Association have brought these issues to Council, now Council has a better understanding of the situations at hand. Mayor Helms informed Council that the Airport Commission submits their Budget and a request for an appropriation, yearly. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued to the next Council meeting so that information can be gathered and a meeting can be set with Smyth County, the Pilots Association and Mr. Dix to reach a possible compromise.

Mr. Scott Cleveland informed Council that the Airport Commission meetings are well attended by the Pilots Association. The Pilots are very interested in what is going on at the airport. A lot of improvements need to be made at the Airport. If there are available monies, then the improvements should be made.

Mr. Hendrick had spoken to some of the Commission members and was told that some of the problems could be due to lack of communication between the members and the Pilots Association. The Commission members stated that Bob Dix is a valuable link because he is on the State Aviation Board and fights for the overall well being of the Airport.

Mr. Heath stated that there are several issues that need to be resolved at the Airport between the Commission and the Pilots Association. Mr. Clay added that evidence and documents need to be submitted before the next meeting for Council to give a just and fair verdict on the situation. Mrs. Jennings requested Town Manager Clark to obtain the minutes of the Commission in a timely manner since the Commission meets monthly.

Ms. Sarah Perdue stated that the Pilots Association just wants a democracy, not a dictatorship and they want their voices to be heard in respect to the improvements and changes being made at the Airport.

SMYTH COUNTY CELEBRATION ASSOCIATION: Mr. Charlie Clark, Chairman-Smyth County Board of Supervisors, asked Council and the Town of Marion to join in being a part of the Smyth County Celebration. The SCCA is a charitable organization that was formed to bring an annual celebration to all citizens of Smyth County. The purpose is to provide a sense of community pride by promoting the heritage of Smyth County. Mr. Charlie Clark asked that a member of Council represent the Town with the organization concerning the upcoming events. The next organizational meeting will be held in the Copenhaver Room of the Smyth-Bland Regional Library on Wednesday, March 7, 2007 at 6:30 p.m.

ACCOUNTS: Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $1,215,892.50. Messrs Hendrick, Heath, Clay, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

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

PUBLIC HEARING-REQUEST FOR TAXI CAB PERMIT-327 BROAD STREET, CALEB DANIEL SMITH: Chief Roberts explained that Mr. Smith has applied for a license and certificate to operate a taxi cab stand at 327 Broad Street. All background investigations were approved and Chief Roberts recommends a favorable review for the new cab stand. The present Zoning Ordinance does not specify the use allowed by Taxi Cab Stands. The zoning was compared to that of bus terminals. The Planning Commission will review the possibility of amending the Zoning Ordinance to include Taxi Cab Stands for the Commercial General, Commercial Limited and Commercial Downtown Districts. Along with this review the Planning Commission shall also consider including a Special Use Permit requirement to operate a Taxi Cab Stand in the Industrial District. This issue will be reviewed by the Planning Commission at the next meeting for the possibility of an amendment of the Zoning Ordinance. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Council approved request with the condition that there will be no walk-in customers at the business until Planning Commissions review and a Public Hearing set to amend the Ordinance.

INTRODUCTION OF POLICE INTERN MR. STEVEN SCHWARTZ: Chief Roberts introduced Mr. Schwartz to Council and stated that he attends Wytheville Community College and will be interning at the Police Department and working with the Officers to earn 180 hours as required for his degree.

WASHINGTON AVENUE WATER LINE & CHEMICAL STORAGE BUILDING: Mr. Hicks informed Council that the pre-bid meeting is scheduled for March 1, 2007 and bids are due by March 13, 2007.

CONSIDERATION OF TOWN STREET BIDS: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Water and Finance Committees.

EMERGENCY SITUATION ON FLAT ROOF OVER COUNCIL CHAMBERS: Marion Roofing responded to the emergency and a temporary fix was made. After assessing the damages, Marion Roofing stated that a section of the roof may need to be replaced and they will return to give an estimate. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Building and Grounds Committee.

RE-APPOINTMENT OF EXPIRING TERMS-RECREATION COMMITTEE: Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was referred to the Council Recreation Committee.

VFW FLOAT-MEMORIAL DAY PARADE: Dr. Gates stated that on behalf of the Finance Committee, the VFW is doing a nice job with the event and the recommendation is to support the parade by sponsoring a float. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council will sponsor a float in the VFW Memorial Day Parade. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

APPALACHAIN ART GALLERY AND OLD ATMOS BUILDING PROPOSED LEASE AND PURCHASE: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, these items were continued.

PEOPLE INCORPORATED: Mr. Heath informed Council that People Incorporated would like to have use of the Council Chambers for their Business Start Program.

CHILI COOK-OFF: Mr. Heath stated that the Phantom Band will return once again to perform at the Chili Cook-off.

FIREWORKS: Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the Mayor and Town Staff will meet with Mr. Dennis Blevins to determine if it is feasible for the Town to sponsor fireworks again this year.

MARCH OF DIMES WALK-A-THON: Mayor Helms informed Council that the Annual March of Dimes Walk-a-Thon will be Saturday, May 5, 2007. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council approved the event.

RED BIRD TAXI: Chief Roberts informed Council that Mr. Willis Widener, Red Bird Taxi, has applied to move his business to 121 Pendleton Street. A Public Hearing will be set for Monday, March 19, 2007.

VEHICLE SEIZURE: Chief Roberts reported that 2 vehicles had recently been seized, a 2004 Nissan Xterra 4x4 and a 1999 Dodge Intrepid. Chief Roberts asked for permission to purchase radios for these vehicles. Payment would be made from the Town of Marion, Virginia Forfeited Asset Account. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the request was approved.

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