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 June 4, 2007 at 7:00 p

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 June 4, 2007 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Herbert Clay, Mark Warren, Dr. James Gates and Mrs. Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; 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: Jeff Spickard

MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Warren, and vote of 6 AYES and 0 NOES, the minutes of the meeting held on May 21, 2007 were approved as written and distributed. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates, and Mrs. Jennings voted affirmatively.

PUBLIC HEARING- 2007-2008 PROPOSED BUDGET: The Finance Committee presented the 2007-2008 Proposed Budget at $7,755,903. Included in the proposed budget is an increase in the garbage collection fee from $8 per month to $10 per month. There were no other rate increases included in the Budget. There was no public comment.

Mr. Warren expressed concern that there are no contingency funds in the proposed budget. He noted that insurance and salaries increase each year. He suggested an increase in personal property of $0.03 per $100 of assessed value and an increase in garbage collection fees from $8 to $12 per month. Mr. Hendrick stated that the budget has been advertised for public hearing to the Town’s citizens and is balanced. He felt it was unfair to the citizens to change the budget now.

Mr. Warren moved that the above changes be made to the proposed 2007-2008 Budget. Mr. Clay seconded the motion. A lengthy discussion ensued. The motion was defeated by a vote of 1 AYE (Warren) and 5 NOES.

PUBLIC HEARING- ORDINANCE DECLARING THE PROPERTY CONVEYED TO THE TOWN OF MARION TO BE SURPLUS AND NO LONGER NEEDED BY THE TOWN AS PART OF ITS WATER DISTRIBUTION SYSTEM:

AN ORDINANCE DECLARING THE PROPERTY CONVEYED TO THE TOWN OF MARION BY DEED BOOK 360, PAGE 287 TO BE SURPLUS AND NO LONGER NEEDED BY THE TOWN AS A PART OF ITS WATER DISTRIBUTION SYSTEM SEC. 78-44. MISCELLANEOUS SURPLUS PROPERTY:

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MARION, VIRGINIA, that Section 78-44 Miscellaneous Surplus Property Ordinance of the Town Code for the Town of Marion should be and is hereby enacted as follows:

Sec. 78-44. Miscellaneous Surplus Property.

1. Approximately 0.97 acres, more or less, near Marion Correctional Treatment Center declared surplus and no longer needed as a part of the Town of Marion’s Water Distribution System.

(a) Deed. The Town of Marion was conveyed approximately 0.97 acres, more or

less, by deed dated March 19, 1986 from the Commonwealth of Virginia, which said property contained an existing water tank, water lines, rights of way and easements. Said deed being recorded in the Smyth County, Virginia, Circuit Court Clerk’s Office in Deed Book 360, Page 287. Included in the deed was “the parties hereto agree that in the event that the property ceases to be used for the purpose of a water reservoir or storage and/or transmission of same, title to the above-described property and all easements thereunto belonging will revert back to the Commonwealth of Virginia”.

(b) Public Hearing. The Town of Marion held a Public Hearing on January 5, 2006, wherein public input was sought to determine the appropriateness of declaring the property described in Deed Book 360, Page 287, as being surplus and no longer being needed for the purpose of a water reservoir or storage and/or transmission of the same.

(c) Compliance with all State and Federal Rules and Regulations. The Town of Marion has disconnected the water reservoir located near Marion Correctional Treatment Center and being described in the above referenced deed recorded in deed Book 360, Page 287. In disconnecting and discontinuing the use of the Water reservoir, the Town of Marion has followed all procedures acceptable to the Virginia Department of Health, including all those covered by the Commonwealth of Virginia and Federal rules and regulations.

(d) Authorization to Execute Deed. The Town Council hereby authorized the Mayor and Town Clerk or Deputy Town Clerk to execute a deed, acceptable by the Virginia Attorney General’s Office, conveying all the property described in the above-referenced deed recorded in Deed Book 360, Page 287, back to the Commonwealth of Virginia. Said deed is then to be recorded in the Smyth County, Virginia, Circuit Court Clerk’s Office at the expense of the Town of Marion, Virginia.

Passed in Council this 4^th day of June 2007.

______________________________

Mayor David P. Helms

Attest:

__________________________

Clerk

Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, the Ordinance was adopted. Messrs Hendrick, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

PUBLIC HEARING- REMOVAL OF MARION TOWN CODE, SECTION 2-151, BOARDS AND COMMISSIONS/ TERMS OF MEMBERS: There was no public comment. Council members discussed whether the need for term limits upon certain boards and commissions is needed. Some members did not feel the limits were necessary. Others expressed the opinion that if individuals were either not attending or non-productive, term limits allows the Town to dispose of these members. Mr. Clay stated that the Town Council should be more involved in overseeing these boards and commissions and not reappoint a member who is not doing their job. Mr. Warren and Mrs. Jennings supported the term limits. They felt that the limits allow for fresh views and ideas. Dr. Gates noted that most boards and commissions act in an advisory capacity, with the final determination at the hands of Town Council. Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 4 AYES and 2 NOES (Warren, Jennings), Town Council voted to remove Marion Town Code, Section 2-151. Messrs Hendrick, Leaman, Clay, and Dr. Gates voted affirmatively.

PUBLIC HEARING- ADOPTION OF SMYTH COUNTY TOURISM ASSOCIATION AND BY-LAWS: There was no public comment. Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, Smyth County Tourism Association, including by-laws was approved. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

SMYTH COUNTY TOURISM ASSOCIATION: Upon motion of Mr. Warren, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, Town Council released its share of funding for the Smyth County Tourism Association in the amount of $12,698 . Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

APPOINTMENT OF PLANNING COMMISSION MEMBER: Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, this item was continued.

INSURANCE COMMITTEE-DISCUSSION OF “NO FAULT COVERAGE”: Upon motion of Mrs. Jennings, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was continued.

FINANCE COMMITTEE-CONSIDERATION OF HAZARDOUS DUTY (LEOS) BENEFIT CHANGES: Dr. Gates reported that the Finance Committee has discussed this matter and will continue this item to the 2008-2009 Budget. The Committee will continue to study the item and determine the impact upon the Town. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was referred to the 2008-2009 Budget process.

WATER TREATMENT PLANT UPGRADE REPORT: Jeff Spickard reported the final punch list is in progress by the contractor. Council requested a report on the leaks. Mr. Spickard responded that they are being addressed and emphasized that there is a five (5) year warranty on the work. Mr. Spickard stated that he is satisfied with the project.

With regard to construction of the chemical building on site, Mr. Hicks reported that the “Notice to Proceed” has been issued and he expects that the project will begin in the near future.

FINANCE COMMITTEE-CONSIDER USE OF CREDIT CARD MACHINE & INSTALLATION OF ON-LINE PAYMENT CAPABILITY: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was continued for further study.

STREET LIGHT COMMITTEE-625 LINCOLN AVENUE-ALICE WINEBARGER: Mrs. Jennings reported that the Committee has viewed this request and that there are two (2) street lights near Mrs. Winebarger’s house. It is the Committee recommendation and Mrs. Jennings so moved that the request for installation of a new street light at 625 Lincoln Avenue be denied. However, Mr. Clark was asked to contact AEP to see if the lumens can be increased and/or the lights be redirected to give more light in the area of 625 Lincoln Avenue. Mr. Warren seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

ORDINANCE COMMITTEE-TELEPHONE FRANCHISE AGREEMENT: Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, this item was continued.

REAL ESTATE COMMITTEE – REACTIVATION OF SIREN IN CUPOLA OF MUNICIPAL BUILDING: The Real Estate Committee had decided to defer this matter to a special committee to be appointed by Mayor Helms. Mr. Helms appointed Mr. Leaman and Mr. Warren to serve on this committee. Mayor Helms asked that the Committee determine if there is still a siren at the Marion Middle School.

FORMER ATMOS BUILDING: Mr. Clark advises that the Former Atmos Building located at South Main Street closing is scheduled for June 20, 2007. This building will be used to house the Marion Police Department.

MEMORIAL DAY PARADE: The first Annual Memorial Day Parade was a success. Mayor Helms stated that VFW Post 4667 was in charge of the event, but it was a community effort. He thanked the VFW for their leadership and hard work and Dan Kegley, Smyth County News and Messenger for the publicity given for the event.

LINCOLN THEATRE: Mrs. Jennings encouraged attendance at the upcoming events to be held at the Lincoln Theatre.

SONG OF THE MOUNTAINS: Mayor Helms stated that the Song of the Mountains program held recently at the Lincoln Theatre was an excellent program.

TOURISM ASSOCIATION: Mayor Helms informed Council that the Tourism Committee is moving ahead. A Visioning Session will be conducted on June 7 at 7:00 p.m. and another Visioning Session will be held on June 14 at 1:30. These meetings will be held at the Town Hall in Chilhowie.

RELAY FOR LIFE: Mayor Helms reminded those present that the Relay for Life Program will be held at Marion Senior High School on June 15.

VML TOWN SECTION MEETING: Mayor Helms stated that this meeting was well-attended and the VML staff was most complementary of the Town, Main Street and the General Francis Marion Hotel facilities.

TV CABLE FRANCHISE: Mr. Fenyk announced that Brian Grogan, a cable franchise attorney, has prepared a document that he suggests the Ordinance Committee review. The document includes a $0.40 per customer, per month, payment to be made to the Town of Marion quarterly. This matter was referred to the Ordinance Committee for study and recommendation.

REQUEST FOR EASEMENT-NEAR WATER TREATMENT PLANT-SETH MARTIN: Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, this item was referred to the Real Estate Committee for study and recommendation.

TRUST FUND FOR WILLIAM PETERS CEMETERY: This item was referred to the next meeting.

SMYTH COUNTY CELEBRATION: Mayor Helms advised that the Smyth County Celebration will be held on June 28, 29, & 30. Each Town will be responsible for some type of musical program and the Town of Marion will hold their event on Thursday, June 28. The Celebration will conclude on Saturday at the Davis Valley Winery.

EAST CHILHOWIE STREET/GILMAN STREET PROJECT: Mr. Clark reported that the final documents have been signed by Debbie Martin Dalton Waskey at 127 Gilman Street. He also reported that the street has been completed and looks good.

WATER TREATMENT PLANT EMPLOYEE: Mr. Clark reported that Carol Cale has been hired at the Water Treatment Plant. Ms. Cale possesses an Associate Degree in Engineering Technology from Wytheville Community College and a bachelor’s degree from Virginia Intermont College. The Town staff looks forward to working with Ms. Cale.

SEWER METER: The final sewer meter has been received. This meter will serve the Staley’s Creek line.

Upon motion, duly seconded, and vote of 6AYES and 0 NOES, the meeting was adjourned.

_____________________________ _____________________________

Mayor Clerk