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 19, 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; Police Lt. Rex Anders; Assistant Town Manager/Town Engineer Cecil Hicks; Purchasing Agent B. J. Hamm and Town Clerk/Director of Finance Dixie O. Sheets.

INVOCATON: Rev. Teague, of Greenwood and Grace United Methodist Churches, rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: C. B. Gwyn, Brenda Gwyn, Mrs. Preston Copenhaver, Mrs. Marsha Collins, Jeff Spickard, Mrs. Lindsey, B. C. Cregger, Erwin Rowland, David Rowland, Rev. Teague

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 November 5, 2007 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

UPDATE ON AUDIT OF STREET LIGHT CONVERSION: Mr. Clark reported that he and Angela Jackson, Customer Service Representative for AEP, conducted an audit of the street lights throughout the Town. Several lights had not been converted to high pressure sodium along with several that were not operational. Also identified were old poles that needed to be removed. The total cost of the project to upgrade 257 lights was $11,565. 134 lights had been upgraded earlier at a cost of $6,030 (included in the $11,565). This will complete the Street Light Conversion Project. The upgrade will generate 25% more light at approximately 10% less cost.

DEED OF REVERSION FROM DEPARTMENT OF CORRECTIONS: Mr. Fenyk advised that the original deed and recording receipt, along with two certified copies of the recorded deed, have been forwarded to Mr. Ken L. Osborne, Warden, Department of Corrections, and Marion Correctional Treatment Center. This action will conclude the reversion of the SWSH Water Tank to the Commonwealth of Virginia.

DEED FOR PROPERTY LOCATED AT EXIT 45: Mr. Heath asked that Mr. Fenyk inquire to the Department of Corrections on the status of donation of property located at Exit 45.

PARTIAL PAY REQUEST NUMBER 2 ON WASHINGTON AVENUE WATER LINE: Jeff Spickard presented Pay Request # 2, in the amount of $18,031.00, for the Washington Avenue/Paxton Lane Water Line Project. Mr. Spickard advised that the contractor has been unable to install the 6 inch line as planned. Evidently his equipment is not large enough. The Contractor has spoken with another contractor to bring in a larger piece of boring equipment to ream a larger hole. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the request was approved. Messrs Hendrick, Heath, Warren, Clay, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

UPDATE ON CONVERSION OF FORMER ATMOS BUILDING: Architect William W. Huber had volunteered to look at the former Atmos Building to discuss the plans for the building. He, Chief Roberts and Lt. Anders toured the facility. Mr. Huber made several suggestions regarding the use of space, accessibility, internal circulation and security. Chief Roberts intends to act on Mr. Huber’s suggestions. It was Mr. Huber’s opinion that the building will accommodate essential functions of the Marion Police Department and will have ample room on the north side to expand the facility in the future.

With regard to moving the generator from the Senior Citizen’s Building to the former Atmos Building, the generator is no longer under warranty. However, it has been determined that the unit is much too large for the Atmos Building. Jerry Breen has obtained prices for a new generator. These quotes were larger than anticipated. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Building & Grounds & Finance Committees for study and recommendation.

COURTHOUSE RENOVATION AND PARKING: Dr. Gates reported that the Town received a proposed agreement from Smyth County with regard to the Parking Garage. This item was referred to the Building & Grounds & Finance Committees for study and recommendation.

ACCOUNTS: Mrs. Jennings, moved that the accounts be paid in the amount of $622,255.73. Mr. Heath seconded the motion. Council approved payment by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

INVESTMENTS: Upon motion of Mr. Warren, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

NOTICE OF LEASE OF PROPERTY FROM DEPARTMENT OF CORRECTIONS ON BROAD STREET AND POSSIBLE PUBLIC HEARING: The Town of Marion has been notified of a proposed lease for a Department of Corrections Probation and Parole Office at 200 Broad Street, Marion, Virginia. The Town may request that the Department hold a public hearing regarding this proposed lease execution. Dr. Gates moved that the Town not request that the Department of Corrections conduct a public hearing for the purpose of relocating of the Probation and Parole Office at 200 Broad Street. The motion was seconded by Mrs. Jennings and carried by a vote of 6 AYES and 1 ABSTENTION (Heath).

ADVERTISE FOR WEB MASTER: Mr. Clark requested permission to advertise for a Web Master for the Town’s website located at www.marionva.org. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, Council referred this matter to the Technology Committee to prepare the detailed advertisement.

BAUGHMAN AVENUE BRIDGE: Mr. Clark reported that Mattern & Craig and Thompson & Litton were interviewed for the Engineering firm position for the Baughman Avenue Bridge Project. The scoring team consisted of Messrs Helms, Hendrick, Heath, Clark and Hicks. Based on the scoring criteria, the high scoring firm was Thompson & Litton. Upon motion of Mr. Hendrick, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, Town Council chose to begin contract negotiations with Thompson & Litton as the Engineers on this project.

NORTH/SOUTH MAIN STREETS: Mr. David Rowland expressed concern that North and South Main Streets actually run East and West. He suggested that this be corrected. Mr. Hicks advised that VDOT has designated these streets and 911 addresses have been established. It would be very difficult to change these names. It was noted that North and South Main Street follow State Route 11, which runs north and south. It was also suggested that when the streets were named, the town was much smaller, East and West Main Street were already designated.

SMYTH COUNTY HISTORICAL SOCIETY: Brenda Gwyn spoke on behalf of the Historical Society and stated that the HS plans to submit a proposal on the former school building located on North Church Street. Mayor Helms informed her that the property belongs to Smyth County, not the Town of Marion. Ownership by the Town may be in the future. This would depend upon grants and what that the County does pertaining to the parking situation. Mr. Heath stated that if the Town owned the building, disposal of the property would be handled the same as any other surplus property the Town owns.

REPORT FROM FINANCE COMMITTEE ON OLD DUMP TESTING: Mr. Hicks reported that SCS has performed a re-test on the former dump and the Town is awaiting the results.

REPORT FROM FINANCE COMMITTEE REGARDING MISS MOUNTAIN EMPIRE ORGANIZATION REQUEST: The Miss Mt. Empire Beauty Pageant is held in Marion and Miss Mt. Empire was selected as Miss Virginia and will represent the Commonwealth of Virginia in the Miss America Pageant. Upon motion of Dr. Gates, seconded by Mr. Heath, $1,000 was allocated for the Miss Mt. Empire Beauty Pageant. Town Council approved the motion unanimously. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted unanimously.

ORDINANCE COMMITTEE ON DOG OWNER RESTRICTION: Mr. Clay noted that the Carters of Chatham Hill Road complained at the meeting of November 5, 2007 that neighbors surrounding their property owned so many dogs that the situation causes nuisances and noise. They requested that the Town entertain an ordinance that would prohibit the number of dogs and cats that may be owned at one residence. The Ordinance Committee recommended that Mr. Fenyk prepare an ordinance for consideration. Mr. Fenyk presented Council with the proposed ordinance which will place a limitation on the number of dogs and cats that can be owned at a residence. Mr. Clay moved that a public hearing be scheduled on December 17, 2007 at 7:00 p.m. to consider this ordinance and received public comments. Mrs. Jennings seconded the motion. Council approved the same unanimously. Messrs Hendrick, Leaman, Clay, Warren, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

Mr. Fenyk noted that five (5) or more dogs at a residence require a kennel license. These are regulated by State Law.

VIRGINIA THEATRE ASSOCATION: Mr. Heath reported that the Town received a Certificate of Appreciation from the Virginia Theatre Association for hosting the 2007 Virginia Theatre Association Young People’s Theatre Festival. Mayor Helms advised that the function was well attended. He added that Marion Middle School received a Gold Rating and several individual Middle School students received awards.

LOCAL LOGO: Mr. Heath stated that a request for proposals has been prepared to develop a logo for the Town of Marion

CHRISTMAS TOUR OF HOMES: Mr. Heath reported that the Annual Christmas Tour of Homes will be conducted on December 8 & 9. The cost of the tour is $10.

CHRISTMAS TREE LIGHTING: Mr. Heath stated that the Annual Christmas Tree Lighting will be held at the Smyth-Bland Regional Library.

FARMER’S MARKET: Mr. Heath reported that the Tobacco Commission will conduct a public hearing for the Farmer’s Market grant on December 12 in Abingdon. Mr. Heath will attend.

CHRISTMAS LUNCHEON: Mr. Hicks and Mr. Heath were asked to coordinate the Annual Christmas Luncheon for the employees, retired employees and elected officials.

CHRISTMAS PARADE: Mayor Helms stated that he had received several positive comments on the Parade.

POLICE PRESENCE APPRECIATED: Mayor Helms expressed the appreciation of the Middle School of Performing Arts for the Marion Police presence during the Festival.

SCARLET HURRICANE FOOTBALL TEAM: The 2007 Marion Senior High School Football Team will participate in the Regional finals on Friday, November 23 against Richlands. A pep rally will be held at 6:30 p.m. in front of the Municipal Building on Wednesday, November 21.

SOUTH CHURCH STREET IMPROVEMENT PROJECT: Mr. Hicks advised that the South Church Street Improvement Project has been included in the VDOT 6 Year Plan for more than 6 years. $3.4 million dollars has been set aside by VDOT for this project. Don Necessary is the Town’s new contact with VDOT. Mr. Necessary has estimated the cost at $9 million today. He suggested that the Town consider downsizing the project. The project could be limited to widening the road, connection of roads, installation of storm drains and would require less property acquisition. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee to discuss the South Church Street Improvement Project Plans.

FIREMAN’S CHRISTMAS PARTY: The Annual Fireman’s Christmas Party will be held on December 1, at the Fire Station, with the Social beginning at 6 pm and Dinner to be served at 7 pm.

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

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Mayor Town Clerk