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 December 3, 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 Town Manager/Town Engineer Cecil Hicks; Town Clerk/Director of Finance Dixie O. Sheets.

INVOCATION: Ms. Linda Swinsky, of Project Crossroads, rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: John H. Tate, Jr., Jeff Spickard

MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the meeting held on November 19, 2007 was approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

CONSIDER AMENDMENT/CHANGE TO THE CODE OF ORDINANCES, SECTION 14-56, TO SET A LIMIT OF THE NUMBER OF DOGS AND CATS THAT MAY BE KEPT OR ALLOWED TO REMAIN ON OR ABOUT PREMISES ON ANY PARCEL OF REAL PROPERTY ZONED FOR RESIDENTIAL USE OR USED FOR RESIDENTIAL PURPOSES: Continue to Public Hearing Date of 12/17/07 at 7:00 pm.

MEETING OF THE TECHNOLOGY COMMITTEE TO ADVERTISE FOR WEB MASTER: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.

MEETING OF STREET COMMITTEE ON PHASING SOUTH CHURCH STREET: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.

CONSIDERATION OF APPOINTMENT TO MT. ROGER PDC BOARD: Upon motion of Mrs. Jennings, seconded by Mr. Clay, and vote of 6 AYES and 1 ABSTENTION (Dr. Gates), Dr. Gates was re-appointed to serve as the Town’s representative on the Mt. Rogers PDC Board.

RETIREMENT LUNCHEON FOR BOB MASON: Mr. Clark advised that Bob Mason, Water Treatment Plant Superintendent, will retire on December 31, 2007. A luncheon, in his honor, will be held in the Council Chambers of the Municipal Building at noon on December 7, 2007.

STREET LIGHT REQUEST FROM MRS. CAROL SMITH: Mrs. Smith, 148 River Street, requested a street light on River Street. Her letter of request stated that the light is needed in between the Church Street Bridge and A&A Auto Repair. Upon motion of Mrs. Jennings, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, this request was referred to the Street Light Committee for study and recommendation.

PENDING MEETING OF THE PERSONNEL COMMITTEE TO REVIEW THE REVISED PERSONNEL POLICY AND GRIEVANCE PROCEDURE: Mr. Clark advised that he, Mr. Fenyk and Ms. Sheets have reviewed and prepared a draft of the Town of Marion Personnel Manual. Mr. Art Mead, of the UVA-Wise Institute of Government, assisted with the section on the grievance process. The draft was referred to the Personnel Committee for study and recommendation.

PENDING MEETING OF THE STREET COMMITTEE TO DEVISE 3 YEAR PAVEMENT PLAN: Mr. Hicks and Mr. Hendrick have been compiling and prioritizing a list of streets in need of paving. These will be scheduled over a three year period. A meeting of the Street Committee will be scheduled to discuss the 3 Year Pavement Plan.

WATER TREATMENT PLANT PROJECT: Jeff Spickard informed Council that following a recent inspection by the Virginia Department of Health, VDH accepted the completion of the Project. Mr. Spickard added that the remaining funds may be used on selected water projects.

WASHINGTON AVENUE PROJECT: Mr. Spickard reported that the contractor has purchased equipment/materials to complete the project.

WATER TREATMENT PLANT SEDIMENTATION BASIN: Mr. Spickard advised that the staff and Lane Engineering are monitoring the leak that was repaired in the newly installed sedimentation basin. He added that the cold weather season will be an excellent test for the repair.

BUILDING AND GROUNDS – QUOTES FOR GENERATOR FOR POLICE DEPARTMENT: Mr. Warren reported that the Building and Grounds Committee recommended that the Police Department proceed with relocating the Department to South Main Street (former Atmos Building) and that a generator for the building be included in the FY 2008-2009 Budget.

BUILDING AND GROUNDS – PARKING GARAGE: Smyth County Attorney John H. Tate, Jr., was present to discuss the proposed agreement between the County and Town on the joint project to construct a parking garage in downtown Marion. The County is presently under an order of the Supreme Court of Virginia for the renovation and improvement of the Smyth County Courthouse. The Order requires that adequate parking be provided for users of the Courthouse. The Town recognizes that there is a parking problem in Marion. Construction of a parking garage would benefit the Town and the County. Mr. Tate and Council Members addressed several issues included in the agreement. As members of Town Council received the proposed agreement just prior to the beginning of this meeting, members will review the document and consider adoption at the December 17^th meeting. Mr. Tate advised that the County will consider the agreement at their next meeting.

ORDINANCE TO LIMIT DOGS AND CATS: Mrs. Jennings advised that several citizens have expressed appreciation that the Council will consider an Ordinance to control the number of dogs and cats allowed at a residence. However, they felt that four of each is still too many. Mayor Helms noted that he has received as many comments against the proposed ordinance as those in favor of the limitation of ownership of dogs and cats.

TOBACCO COMMISSION MEETING: Mr. Heath advised that the Tobacco Commission meeting will be held in Abingdon and he will be in attendance.

CHRISTMAS LUNCHEON: The Town employee, Town retiree and Town Council Christmas Luncheon will be held on December 14, 2007 at Noon at the MLSC Building.

REAL ESTATE ACQUISITION-DEPARTMENT OF CORRECTIONS AT EXIT 45: Mr. Heath asked that Mr. Fenyk follow up on preparation of deed for this property. Mr. Fenyk stated that the proposal has been forwarded to the appropriate department. He will contact the Assistant Attorney General for a status report.

SKATE BOARDERS/BICYCLE RIDERS: Skate Boards and bicycles are becoming a problem in the downtown area. Several business owners report loitering, destruction of property, and riding on the sidewalks. Mr. Heath has made the Police aware of the problem and they will assist in controlling it as much as possible. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this matter was referred to the Ordinance Committee for study and recommendation.

APPOINTMENT TO MARION HOUSING AUTHORITY BOARD: Executive Director Charles Harrington had requested that Donald Edwards be reappointed to the MRHA Board. Mr. Edwards has served well and has agreed to serve if reappointed. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Mr. Edwards was reappointed to a four year term.

MT. STATE HEALTH ALLIANCE: Dr. Gates reported that he attended the public hearing to rezone the Greer property for the purpose of constructing a new 50 bed hospital and two additional buildings for physicians. A part of the property lies within the Town limits. Dr. Gates advised that Mt. State Health Alliance plans to petition the Town to allow the rezoning. The new hospital facility would take approximately 40 months to complete. No plans were mentioned for the current hospital structure. He added that it would be prudent to research the Town’s legal right to use Water Mill Road and any other item that may come into question.

NEW BUSINESSES: Je’ Grace is located at 201 East Main Street (the Centre Building), the Baha Café will open in January 2008 and the Japanese Restaurant will reopen in March 2008.

VIRGINIA TOWN/CITY MAGAZINE-‘GO GREEN VIRGINIA’ PROGRAM: Mayor Helms suggested that the Town get involved in the ‘Go Green Virginia’ program. The Program focuses on energy conservation and environmental protection. Mayor Helms suggested that a volunteer from Town Council spearhead the Town’s involvement in this program.

VIRGINIA ELECTED OFFICIALS LEADERSHIP ACADEMY: Mayor Helms announced that Vice-Mayor/Council Member Eugene Hendrick recently completed the Virginia Elected Officials Leadership Academy. Council is very proud of Mr. Hendrick’s accomplishment.

DIRECTOR OF EMERGENCY MANAGEMENT: Mr. Fenyk advised that the Town is required to select a Director of Emergency Management by the Code of Virginia, as Amended, Section 44-146-19. It was noted that Charles Harrington is the Director of Emergency Management for Smyth County. Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, this item was referred to the Ordinance Committee for consideration.

POLICE OFFICER: Chief Roberts advised that Sgt. Charles Bishop has requested military leave until November 2010. He has accepted a full-time position as a recruiter. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, authority to advertise for a patrolman was granted. Chief Roberts stated that the Sgt. Position has been posted and will be filled from within the Department.

DUMP MONITORING: Mr. Hicks informed Council that the additional monitoring tests have been completed and the only element found was barium, which is natural in this area. The report will be issued to DEQ and a request to proceed with final closure will be submitted by the Town.

CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.1-344 (A7) and upon motion of Mr. Hendrick, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss litigation involving storm water drainage. Mr. Hendrick moved that Council return to Open Session and that it is known that only those matters exempted from Open Meeting and identified in the motion were discussed during the Closed Session. Mrs. Jennings seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Warren, Clay, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

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

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Mayor Clerk