COUNCIL MEETING MINUTES

Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on March 5, 2007 at 7:00 p.m.

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

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

VISITORS: Dave Fields, Jeff Spickard, Sara Kegley, Lacy Buck, Arlen Taylor, Scott Cleveland, Jeff Jones, Freda Jones, Ashley Jones, James Tolliver, Jim Dancy, Tressy Hoofnagle, Jerry Buck, Sarah Pardue, Scott Pardue, Sam Blevins, Travis Hill, Don Blevins, Billy Dungan, Edna Pennington, Collin Pennington, Eric Pennington

MINUTES: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the minutes of the meeting held February 20, 2007 were approved as written. Messrs Hendrick, Clay, Warren, Leaman, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

CONSIDERATION OF JOINT APPOINTMENT OF MR. BOB DIX TO THE AIRPORT COMMISSION: Mr. Heath stated that a meeting will be set involving the Town of Wytheville, Wythe County, Smyth County, Dr. Wayne Reynolds, Mr. Bob Dix, Concerned Citizens that are Pilots, Town Staff and Town Council Representatives to meet and discuss the Airport Commission joint appointment. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 6 AYES and 1 NOE (Leaman), and after a lengthy discussion, the meeting was approved and the appointment was continued.

WATER TREATMENT PLANT PROJECT APPROVAL OF PAY REQUEST NUMBER 11: Pay request #11 was presented for payment in the amount of $150,858.44. This payment includes $143,530.94 for construction and $7,327.50 for inspection fees. Mr. Spickard stated that the rehabilitation of the water filters was complete and clear wall baffle has been installed. 91% of the project time is complete, with 80% of the costs paid. Mr. Spickard added that the contractor is behind schedule and may be asking for an extension. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Payment request #11 was approved for payment. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs, Jennings voted affirmatively.

WATER TREATMENT PLANT PROJECT APPROVAL OF CHANGE ORDER NUMBER 4: Mr. Spickard explained that there was a difference in the clear well than first determined and when the baffle was installed to the existing masonry wall changes had to be made. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Change Order #4 was approved for payment in the amount of $1,229.00.

RED BIRD TAXI CAB RELOCATION: This item was continued to Public Hearing on March 19, 2007.

HOUSING PRODUCTION AND HOUSING ASSESMENT PLANNING GRANTS-DAVE BARRETT, MRPDC: Mr. Barrett explained that $25, 000 is available from the Department of Housing and Community Development for a Production Grant. Marion Redevelopment & Housing Authority has approximately 11 acres of vacant land to sub-divide in to lots to provide affordable housing in single family units. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Council accepted the $25,000 Production Grant funds.

Mr. Barrett added that $10,000 is available for a Planning Grant to improve housing quality in the areas of Matson Drive, Pearl Avenue, Spruce Street and Buchanan Street. Mr. Barrett encouraged the Town to match the funds because the State would double the Planning Grant funds available. Mt. Rogers PDC will submit the grant application, hold the public hearings, meet with the citizens and do all assessments. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Council approved matching the $10,000 grant funds, accepting the $10,000 grant from the State and adding an additional $10,000 to the grant application for the Planning Project.

MUSEUM – OLD HARWOOD BUILDING: Dave Fields informed Council that a Grant Application has been submitted to the Tobacco Commission for renovating the old Harwood building for use as a museum. Total project is estimated at 2.6 million dollars.

TOWN STREET WATER LINE REPLACEMENT: Dr. Gates stated that the bids received were $20,000 to $30,000 more than expected due to higher costs for materials. Upon motion of Mr. Hendrick, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council rejected current bids for the Town Street water line replacement. The project may be re-bid at a later date. The Town may provide materials on the project to avoid high costs.

OLD ATMOS BUILDING PROPOSED PURCHASE: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

APPALACHIAN SPIRIT ART GALLERY LEASE: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued until the Town Attorney can review the lease agreement and report back to Council.

RAILROAD CROSSING-NORTH MAIN STREET: Mr. Heath asked Mr. Hicks about the progress of the North Main Street railroad crossing repairs and Mr. Hicks stated that repairs will begin when the weather allows.

MARION IDOL: Mr. Heath stated that the Marion Idol Competition began Tuesday, February 27 and appears to be a great success.

A+ RENTALS: Mr. Heath announced that A+ Rentals Grand Opening will be Saturday, March 17, 2007.

SEARCH ENGINE: Mr. Hendrick informed Council that the Search Engine is now available on the Web.

TAXI CAB PERMITS & REGULATIONS: Mr. Clay stated that there should be a re-assessment of regulations and standards set for owners and drivers of taxi cabs. Legal requirements should be set pertaining to prior convictions before owning or operating a taxi cab. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 6 AYES and 1 NOE (Leaman), the Ordinance Committee will meet to access standards and legal regulations for owners and operators of taxi cabs.

CONVEYANCE OF PROPERTY FROM COMMONWEALTH OF VIRGINIA: Mr. Fenyk was contacted in regards to the property near Exit 45. The Commonwealth of Virginia is in the final processes to deed the property to the Town of Marion. The Town should accept this by Resolution or by Ordinance. Mr. Fenyk will report to Council when all papers have been processed.

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