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 November 5, 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; Lt. Rex Anders; Lt. Darrell Hayden; Assistant Town Manager/Town Engineer Cecil Hicks; and Town Clerk/Director of Finance Dixie O. Sheets

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

VISITORS: Miranda Hayden, Martha Copenhaver, Marsha Collins Bill Huber, Jeff Spickard, Dave Fields, Joe Ellis, Ronnie Harrington, Debbie and Larry Carter, Rick Bolling, Debbie Long Harrington, Charles Harrington, Officer Adam Bolling, Officer Christin Long, Rhonda Taylor

MINUTES: Upon motion of Mr. Clay, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, the minutes of the meeting held on October 18, 2007 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

SPECIAL PRESENTATION-A RESOLUTION IN CELEBRATION OF THE 90^TH BIRTHDAY OF MILDRED INEZ MOORE SCOTT: Mayor Helms read the Resolution. Upon motion of Mrs. Jennings, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, the following Resolution was adopted:

RESOLUTION OF CELEBRATION

ON THE OCCASION OF THE 90^TH

BIRTHDAY OF

MILDRED INEZ MOORE (MAW) SCOTT

WHEREAS, Mildred Inez Moore was born on November 4, 1917 in Roanoke, Virginia to David Ransom and Mary Webster Moore. Her siblings were Anna Margaret, Emmett Leslie, Helen Dalene, Olga Juanita and Elizabeth Jo.

WHEREAS, Mildred Inez Moore and James Preston Scott were married on January 2, 1939 and were the parents of three children: James David, William Albert and Mary Preston. Mrs. Scott has six grandchildren: Meredeth Michelle Scott Perhne, Preston Dickenson Scott, Glenn Albert Scott (d. 1987), David Andrew Scott, Kristen LeAnn Stump and Sarah Elizabeth Stump and four great-grandchildren: Emi Elizabeth Irene Scott, Brooke Michelle Perhne, Benjamin Scott Perhne and Mary Elizabeth Gauryla.

WHEREAS, Mrs. Scott has spent the majority of her 90 years as a devoted wife and mother. After her children were grown, she became a clerk and then Advertising Manager at Roses Department Store in Marion. During her retirement years, she can be seen walking her mile and working the Nu-Step machine at the Lifetime Wellness Center.

WHEREAS, Mrs. Scott has battled kidney cancer, Parkinson’s disease, pneumonia, and acid–reflux disease. Her doctors attribute her success to maintaining a healthy regimen of physical activity.

WHEREAS, Mrs. Scott has resided at 116 Staley Street for most of her adult life. She continues to provide Sunday night meals for family, ranging from nine to fifteen on any given Sunday. She regularly attends Mt. Carmel United Methodist Church, enjoys outing about town with her sisters, Helen Scott and Elizabeth Jo Bangle, playing Yahtzee and working the daily Jumble Word Puzzles.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council for the Town of Marion extends a Happy 90^th Birthday to Mrs. Mildred Scott and best wishes for continued health and prosperity in the years to come.

RESOLVED, this 4^th day of November, 2007.

_______________________________ ____________________________

David P. Helms, Mayor Dixie O. Sheets, Town Clerk

INTRODUCTION OF NEW EMPLOYEES: Chief Roberts introduced recently hired Police Officers Adam Bolling and Christin Long. They began work 11/5/07. Officer Bolling is a graduate of MSHS and Wytheville Community College. He was formerly employed by the Department of Corrections. Officer Long is also a graduate of MSHS and was formerly employed by the Town of Glade Spring and the Department of Corrections. The new officers were sworn in by Mayor Helms.

ACCEPTANCE OF LEASE ON OLD MILL PROPERTY: Charles S. Wassum IV, power of attorney for Charles S. Wassum, III, informed the Town, in writing, that their bid for the Old Mill property is $300 annually. He further agreed that the proposed restrictions on the property will be followed as written. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the lease for the Old Mill property was approved for a period of three (3) years. The lease will expire on August 1, 2010.

REPORT FROM ENGINEER ON TOWN DUMP: Mr. Hicks advised that for some time, the Department of Environmental Quality (DEQ) has told the Town that the Dump on Williams Road is about to be closed. The Town has followed all requirements set forth by DEQ for final dump closure. However, the Town has been advised that there is another problem with some of the data they received from the sampling event in 2006. DEQ has indicated that they have been backlogged with 2006 reports and they have just reviewed the Town’s 2006 report in August 2007. Apparently the test indicated that the Town dump has exceeded the upper limits of Barium by .012mg/L. The Town staff contends that this is a natural occurring element due to the type of stone in the area of the dump. DEQ has ordered that the Town produce proof that the barium is naturally occurring in the area. The Town must now perform a Table 5.1 sampling event showing a much higher range of elements. This sampling event will be performed from the monitoring well #4. Also there will be a report cost of approximately $10,000.

Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this matter was continued and referred to the Finance Committee.

MT. EMPIRE BEAUTY PAGEANT-PRESENTATION: Ms. Rhonda Taylor represented the Mt. Empire Beauty Pageant Scholarship Organization. She advised that the first Miss Mt. Empire, Hannah Keifer, proceeded to be selected Miss Virginia. She will now participate in the Miss America Pageant in January 2008. Ms. Keifer was the winner of a $20,000 scholarship from the Virginia Pageant. She noted that the group is non-profit and requested a $2,000 contribution to the Mt. Empire Beauty Pageant Scholarship Organization. She added that other localities including the Cities of Bristol and Galax, Towns and Counties of Smyth, Wythe, Washington, and Carroll, will be asked to donate to the Organization. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the request was referred to the Finance Committee for recommendation.

REPORT ON BAUGHMAN AVENUE BRIDGE INTERVIEWS: Mr. Clark advised that there were two engineering firms to submit a Statement of Qualification for the Request for Proposal for the Baughman Avenue Preliminary Engineering Report (PER). Thompson and Litton and Mattern and Craig will be interviewed on November 15. Each firm will be allowed up to 25 minutes for a formal presentation. The scoring committee will consist of Mayor Helms, Mr. Hendrick, Mr. Heath, Mr. Hicks and Mr. Clark.

REPORT ON OLD POLICE DEPARTMENT ELECTRICAL UPGRADE: The Town has budgeted funds for an electrical upgrade at 144 W. Main Street (the former Police Station). Jerry Breen has prepared electrical specifications for the upgrade. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the authority to place this project out to bid was granted.

EQUIPMENT COMMITTEE ON GOV DEAL EQUIPMENT SALES: Mr. Hendrick reported that minimum bids will be placed on those items for sale and training will be conducted by the Gov Deal personnel.

SPECIAL COMMITTEE ON FORMER ATMOS BUILDING: Remodeling material only costs for the Police Department building at 555 S. Main Street have been estimated at $13,923.01. This includes wiring, carpet & floor cleaning, generator move and hook up, IT, lighting, walls, interior doors with a contingency of $3213.00. Most of the work will be performed in-house. A lengthy discussion ensued. Mayor Helms suggested that the manufacturer be contacted concerning the warranty prior to moving the generator. Chief Roberts thanked all that were involved with the review of the building and estimates provided. His major concern was that all communication aspects are up and running prior to the move. Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 6 AYES and 1 NOE (Leaman), approval was given to begin renovations and that all aspects, especially all communication areas, be tested and running properly prior to relocating the Police Department to 555 S. Main Street. Messrs Hendrick, Heath, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

PRESENTATION-A VILLAGE OF INTEREST: Mr. Joe Ellis presented a power-point presentation entitled A Village of Interest that outlines his ideas for increasing the tourism interest in Marion. The presentation included current attractions for tourists, including the Lincoln Theatre, Song of the Mountains, and General Francis Marion Hotel. Also included were some “works in progress”: The Home of Mt. Dew, Moonshine to Motorsports Museum, the Appalachian School of Music and Art, a visit from John Cooper of the Mast General Store, the Farmer’s Market (a grant has been submitted for the Farmer’s Market and improvements for Downtown), and a Cooperative Creamery. Mr. Heath noted that at a recent Tourism Seminar, most localities have a multi-year plan already in place.

FINANCE COMMITTEE ON WRESTLING TEAM REQUEST: The Finance Committee recommended and Dr. Gates moved that the Town grant the request for funds for the Wrestling Team and Tournament in the amount of $1,500. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively. This is expected to be an annual event with 18 teams, Virginia and out of State, slated to participate.

DOG COMPLAINT: Debbie and Larry Carter, of 703 Chatham Hill Road, requested that the Town pursue an Ordinance to regulate the number of dogs that a property owner cans posses. Dogs in their neighborhood have become a nuisance. They stated that the animals are intimidating, possibly vicious, and upset the peace and tranquility of the neighborhood. Upon motion of Mr. Heath, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, this matter was referred to the Ordinance Committee.

FINANCE COMMITTEE ON DOWNTOWN PARKING: With the renovation of the Court House which includes a number of required available parking spaces, Mr. Clark advised that there have been issues of what to do with the old schoolhouse located on N. Church Street. The Town has presented Smyth County with a Resolution in support of saving the old school. Other Town concerns are relocation of Constitutional Offices within the Corporate Limits, and the Town’s possible participation in a DHCD grant which would commit the Town to either purchasing the old school building and/or participating in the new parking garage. The Town has discussed the need for parking in the Downtown area for several years. Mr. Clark stated that he had contacted two public funding agencies and the least cost to participate in the construction of a parking garage in the amount of $1,200,000 would cost the Town approximately $65,000 per year for 40 years at 4.5%. The old school fits into a plan to entice visitors Downtown. The Council does not know the County’s Plan. The Council is committed to work with the County to secure the retention of the two (2) buildings (i.e. Former Thompson House and Old School). The Town has several concerns with ownership of the proposed parking garage, who maintains the garage, and who receives any revenue (parking fees). Dr. Gates stated that the Town is more than happy to fund at a level to benefit the Town and work with DHCD in securing the grant, contingent upon the donation of the building to the Town. Dr. Gates moved that Council empower the Mayor and Mr. Clark to request that the Town be privy to the County plan with regard to renovation of the Courthouse and parking issues. And to discuss the amount, grant receiving and accepting, relocation of constitutional offices with no official commitment, but an offer to do what the Town can to help. Mr. Leaman seconded the motion. A lengthy discussion ensued. Council approved the motion for the Mayor and Manager to request a copy of the plan from the County and extend the Town’s willingness to assist. They also wish to have several concerns addressed. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively. Mr. Heath abstained.

Mr. Leaman stated that the Town is on record for wishing to save the old school which is owned by Smyth County. The Town is not really interested in owning the building. Mr. Hendrick stated that the property could be used as leverage for a grant or loan. Mr. Hendrick also stated that he would like to see the property donated to the Museum. He noted that the Town is entering into the plans at a very late date. However, if the Town commits $1,200,000, it is a way of keeping what some believe an asset to our plan to promote heritage and tourism in our Town. This action would be an opportunity to move forward with a tourism plan. Mr. Leaman complimented Mr. Ellis’ vision for Marion. He stated that he would support a commitment of $500,000 toward a parking garage.

ACCREDITATION-MARION DOWNTOWN REVITALIZATION ASSOCIATION: Mr. Heath advised that the Marion Downtown Revitalization Association received National Main Street Accreditation by the National Trust for Historic Preservation and the Virginia Main Street Program.

VIRGINIA THEATRE COMPANY: Mr. Heath advised that 250 children will be in Marion on Friday and Saturday as part of the Virginia Theatre Company.

ARTWALK: The Artwalk begins at 5 pm on the second Friday of each month.

CHRISTMAS PARADE: The annual Christmas Parade will begin at 3 p.m. on Sunday, November 18, 2007.

VETERAN’S DAY: Mayor Helms stated that the VFW will display the flags along the streets of Marion. They (the VFW) will also be involved in several schools activities on Veteran’s Day.

WASHINGTON AVENUE WATER LINE: Mr. Spickard advised that the contractor has completed the bore under Route 11.

HAPPY’S RESTAURANT: Mayor Helms welcomed Laura who has been in Town about a month and plans to open the former Happy’s Restaurant. He read a portion of a letter that she had written to him with regard to the direction Marion is going.

CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (A) (1) and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss personnel issues. Mr. Hendrick moved that only public business matters lawfully exempted from open meeting requirements by Virginia law and identified in the motion were discussed in the closed meeting just completed. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

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

____________________________ _________________________________

Mayor Clerk