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 October 18, 2007 at 7:00 p.m.

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

INVOCATION: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Hunter Trivette, Hunter Shields, Tanner Glenn, Nick Groseclose, Juanita Shields, Ken Glenn, Kim VanHoy, Susie Burkett, Dean Farmer, Matthew Lane, Josh Widener.

MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes of the meeting held on October 1, 2007 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates, and Mrs. Jennings voted affirmatively.

CONSIDERATION OF PERMIT FOR TAXI SERVICE: Mr. Josh Widener had submitted an application for license and public convenience to operate a taxi service in the Town of Marion at 207 Broad Street. Mayor Helms opened the Public Hearing. There was no public comment. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 6 AYES and 1 ABSTENTION (Heath), the request was granted. Messrs Hendick, Leaman, Warren, Clay, Dr. Gates, and Mrs. Jennings voted affirmatively.

UPDATE ON WATER TANK REPAIRS: Mr. Hicks reported that the painting of the tanks is proceeding well. The McIntyre tank is being painted outside and is nearly finished. The Riverview tank will be refurbished inside and outside. A temporary tank (10,000 gallons) will be installed to provide water service during the process.

REPORT ON SUBMISSION ON BAUGHMAN AVENUE BRIDGE - PRELIMINARY ENGINEERING STUDY: Mr. Clark stated that the Town had advertised for an engineering firm for the Baughman Avenue Bridge Project. Two firms submitted proposals, Thompson & Litton and Mattern & Craig. Both will be interviewed. The construction project will be bid later for the 2008-2009 fiscal year.

SALE OF SURPLUS PROPERTY - REPORT FROM VICE-MAYOR HENDRICK: Mr. Hendrick suggested that the Town staff contact Government Deals as a means to dispose of surplus property. The Company will advertise photos of the surplus items on the internet and charge a commission of 7 1/2% for each sale. If selected, Government Deals will send someone to train the office staff. Furthermore, it will be the purchaser’s responsibility to remove the item. Upon motion of Mr. Hendrick, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the Town will contact Government Deals to dispose of surplus property.

Mr. Clark asked for clarification on the items. They were identified by the list presented to Town Council, previously approved for sale plus the old fire truck. Mr. Heath moved that this item be referred to the Equipment Committee to set a time frame and establish a minimum amount for each item for sale.

POLICE DEPARTMENT RELOCATION: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 6 AYES and 1 NOE (Leaman), this item was referred to the Special Committee appointed by Mayor Helms.

ACCOUNTS: Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 7AYES and 0 N0ES, the Accounts were approved for payment as presented in the amount of $762,137.09. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

INVESTMENTS: The were no investments for this period.

MT. EMPIRE BEAUTY PAGEANT-JULIE STURGILL: Due to illness Ms. Sturgill was unable to attend the meeting. This item was continued.

POLICE DEPARTMENT GRANT: Chief Roberts noted that the Town had partnered with Smyth County, Saltville and Chilhowie on a grant to purchase mobile paks for the Police cars. The Town’s match for this project was $3,964. The officers will be trained in the use of these units within the next few months.

This is an ongoing grant; Part 2 is available in the amount of $67,477.98. Again the grant would be shared between the 3 towns and county. The Town’s portion will not exceed $3,964. This grant would be used to print tickets and summons from the computer printer located in the police car. The data would be processed electronically to the court system. Kim VanHoy, IT Specialist, was present to explain the use of the grant award. She will continue to secure quotes on the printer, software and maintenance agreement.

Mrs. Jennings moved that the Town join with the other Smyth County localities and apply for this grant in the amount of $67,477.98, with the Town’s share not to exceed $3,964. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

POLICE DEPARTMENT RECRUITMENT OF OFFICERS: Chief Roberts reported that the Department is on schedule to hire two new officers.

WASHINGTON AVENUE/PAXTON LANE – PAY REQUEST #1: Matthew Lane represented Lane Engineering and reported that the contractor is making progress on the project to install water to Washington Avenue/Paxton Lane. Progress Bill #1 was presented in the amount of $13,022.31. Mr. Lane recommended approval of this bill. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Progress Bill # 1 was approved for payment. Messrs Hendrick, Heath, Warren, Clay, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

TOBACCO COMMISSION GRANT FOR FARMER’S MARKET: Mr. Heath reported that the MDRA is seeking grant funds to develop a farmer’s market in downtown to serve our community. In addition, the plan would provide for enhanced crosswalks on Main and Town Streets, additional lighting, an outdoor amphitheater near the Lincoln, opportunities for additional outdoor stage areas across Iron Street, and an attractive flow connecting the Town Parking Lot to Main Street and to the lot behind the Lincoln Theatre. The cost of the project is estimated at $355,000. Funding sources for the project are $300,000 from the Tobacco Commission; $30,000 from the Town of Marion (to be considered in the 2008-2009 Budget); and $25,000 from the MDRA (in-kind). All is contingent upon receipt of a Tobacco Grant. It is anticipated that award announcements will be made in March 2008. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), this item was referred to the Finance Committee for consideration in the 2008-2009 Budget.

WRESTLING TOURNAMENT: MSHS Wrestling Coach Hunter Trivette and three of his wrestlers were present to inform the Town of the plans to host a Christmas Wrestling Tournament at the Hurricane House on December 21 and 22. There will be 18 teams, representing 6 states. Coach Trivette stated that this will be a benefit to the community. He added that the team has fund raisers, but are seeking five (5) major corporate sponsors and requested that the Town consider becoming one of these sponsors. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this request was referred to the Finance Committee for consideration and recommendation.

BUDGETED VEHICLE PURCHASES: Dr. Gates reported that vehicle purchase requests from Public Works were discussed with Public Works Director Jackie Perry. It was determined that there can be a delay in the purchase of a dump truck. B. J. Hamm, Purchasing Agent, has been asked to contact local vendors to determine if they can match the state price on a 4-wheel drive pick-up truck. Purchase of the dump truck will be considered in the spring.

EXPANSION OF THE HISTORIC DISTRICT: Mr. Heath reported that the following grant match commitments for the Historic District study are $2,500 each from the Town, Smyth County, MDRA, and Property Owners. Dr. Gates moved that the Town agree to provide a $2,500 match for the study to expand the Historic District. Mrs. Jennings seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).

COURTHOUSE RENOVATION: This item was continued.

WATER TREATMENT PLANT – RAW WATER PUMP: Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, a Change Order to lower the raw water pump station by 18 inches was approved. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

HVAC: Mr. Warren informed Council that service by HVAC has been reviewed and is satisfactory.

OLD MILL LEASE: Mr. Warren stated that the parameters have been established for lease of this property. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 6 AYES and 1 NOE (Leaman), approval was given to advertise this property for lease.

OKTOBER FEST: Mr. Heath reported that the event was well attended and successful.

HALLOWEEN MADNESS: Halloween Madness will be celebrated on October 27^th from 11 am – 1 pm.

ANNUAL AUDIT: Mr. Heath asked for a progress report on the audit. Ms. Sheets reported that the copies of documents requested by Johnson CPA have been sent to their office in Danville. Also, Albano & Associates have visited the office one day and copies of documents requested by A&A are being prepared to send to their office.

SECURITY: Mr. Clay reported that the gentleman who interrupted the Town Council meeting several weeks ago was arrested for carrying knives.

VML CONFERENCE: Mayor Helms stated that the VML Conference was attended by the Mayor, Town Manager and several Council members. They found it be very informative. Mayor Helms noted that it was one of the best conferences he had attended.

PASTORIAL CARE: Mayor Helms stated that Rev. Neville Mozingo requested a declaration of Pastoral Care Week during the week of October 21-27 at Smyth County Community Hospital. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Week of October 21-27, 2007 was declared Pastoral Care Week.

CARE OF PREMISES: Mr. Fenyk advised that Todd Long obtained summons for those individuals that have not complied with the ordinance.

FOIA: Mr. Fenyk stated that the VML Annual Conference offered a seminar on the Freedom of Information Act and the changes that have been made. Mr. Heath moved that a meeting be scheduled to discuss FOIA, at the Town Attorney’s convenience. Mr. Clay seconded the motion. Council approved the same unanimously.

CABLE FRANCHISE: Mr. Fenyk advised that he is awaiting a return call from Brian Grogan on Comcast Cable Franchise Renewal.

BOARD OF ZONING APPEALS: Mr. Hicks advised that the Board of Zoning Appeals will consider a request for variance on Gilman Street. The Public Hearing will be conducted on Monday, October 22, 2007 at 5:15 pm.

WATER SUPPLY: Mr. Hicks reported that the Town’s water supply is in good shape.

WATER/WASTEWATER OPERATORS: Mr. Clark advised that it has been difficult to hire licensed operators. According to a Draper-Aden survey, “Several survey participants’ comment on the difficulty in hiring licensed waterworks operators and one utility stated they had only been able to find one certified operator in the past five years. Several indicated that providing on-the-job training for certification was their answer to the issue.” The Town has found this to be true.

FLU SHOTS: Flu shots will be offered to any Town employee, Marion Volunteer Fire Department members, and Marion Lifesaving Crew members on October 24, 2007.

NEW HIRES: Mr. Clark advised that the Marion Police Department is moving forward with interviews for new officers. Also, a new Water Treatment Plant Operator has been hired and will begin work on October 29, 2007.

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

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Mayor Clerk