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 January 4, 2008 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; and Town Clerk/Director of Finance Dixie O. Sheets.

INVOCATION: Mayor Helms asked for a moment of silence for Rev. Greg Arnold, a Town employee that passed away on December 27. Mr. Warren rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Jeff Spickard

MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the meeting held on December 17, 2007 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

REQUEST TO REZONE A PARCEL OF PROPERTY-JUDITH GREER SHULTZ: This item has been set for public hearing on January 22, 2008.

CONSIDERATION OF AMENDMENT TO THE TOWN CODE SECTION 70-181 FOR DOWNTOWN SPECIAL SERVICE TAX: This item has been set for public hearing on January 22, 2008.

APPROVAL OF PAY REQUEST # 15 ON WATER TREATMENT PLANT- JEFF SPICKARD: Pay request # 15 for the Marion Water Treatment Plant Improvement Project was presented for approval in the amount of $39,159. Jeff Spickard, Lane Engineering, recommended payment of this request. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Pay Request # 15 was approved for payment. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

AEP COST ESTIMATE TO INSTALL POLE AND LIGHT ON RIVER STREET: Mr. Clark reported that AEP has advised that the cost to install (1) 9,500 HPS Streetlight and pole on River Street will be $733.06. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Council referred installation of a streetlight and pole on River Street to the Street Light Committee.

SELECTION OF SGT. MOSS TO ATTEND FORENSIC SCIENCE ACADEMY: Chief Roberts reported that Sgt. Andrew Moss has been selected to participate in the Commonwealth of Virginia, Department of Forensic Science Academy. The Academy will be held at the Central Laboratory, Richmond, Virginia on February 4, 2008 thru April 4, 2008. Chief Roberts stated that the lodging will be provided and the only cost to the Town will be for travel and meals. Upon motion of Mrs. Jennings, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Town Council approved the request to allow Sgt. Moss to attend the Forensic Science Academy. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively. It was noted that the Police Department has two (2) officers at the Academy and a recent vacancy. The Chief stated that there would be no staffing problems.

APPROVAL OF $35,000 HEALTH DEPARTMENT GRANT FOR LEAK DETECTION: The Department of Health, Office of Drinking Water has notified the Town of Marion of the award of a Planning Grant not to exceed $35,000 for the Marion Water System Improvements. Mr. Clark stated that the grant will allow the town to address water accountability issues. The project budget includes the following activities: 1) Leak detection study ($10,000); 2) Update water distribution system mapping ($4,000); 3) Update hydraulic evaluation of existing system $7,000); and 4) Prepare PER and obtain review and approval from the ODW Abingdon field office ($10,000). VDH grant funding will not exceed $35,000. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Council accepted the grant from the Health Department in the amount of $35,000. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

PICKIN’ PORCH AT THE BRISTOL MALL – CURLEY SECKLER DAY: An invitation to attend the Curley Seckler Day Bluegrass Celebration had been extended to the Mayor, Council, and Town Staff on January 6, 2008 at 8 p.m. Mayor Helms attended the event. He stated that it was a very nice program and that the group is excited about the opening of the Museum in Downtown Marion. The Song of the Mountains Music Museum will open this spring. Tim White has been instrumental in the establishment of the Museums in Bristol and Marion.

PENDING MEETING OF STREET COMMITTEE TO EVALUATE THOMPSON & LITTON CONTRACT ON BAUGHMAN AVENUE BRIDGE: Mr. Clark informed Council that a meeting of the Street Committee will be scheduled to enter into contract negotiations with Thompson and Litton on the Baughman Avenue Bridge Project.

PERSONNEL COMMITTEE ON REVISED PERSONNEL POLICY: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.

ORDINANCE COMMITTEE ON SKATEBOARDS AND BICYCLES ON SIDEWALKS: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.

WASHINGTON AVENUE/PAXTON LANE WATER LINE: Mr. Spickard informed Town Council that the line has been installed across I-81 and within a week the plans are to being connecting customers to the new line.

SMYTH-WYTHE AIRPORT: Mr. Heath noted that the report from the Airport Commission reflects the changes proposed by the Town with regard to Committee structure. He suggested that a letter be forwarded to the Airport Commission stating that the Town is pleased with the new structure.

CHRISTMAS TREE DISPOSAL: Mrs. Jennings asked if the Town provides a service to mulch Christmas trees. Mayor Helms advised that the Town used to set up the mulching machine at the dumpster at the pool. However, this has not been done for several years.

RECYCLING: Mr. Clay advised that Food Lion has recycling stations for plastic bottles and paper. He hopes that other businesses will also provide recycling facilities.

MARION HISTORIC DISTRICT ENHANCEMENT/SMYTH COUNTY SCHOOLHOUSE ADAPTIVE REUSE PLANNING GRANT- LETTER OF INTEREST: “This Letter of Interest is to indicate the Town’s and County’s interest in submitting a planning grant application in the amount of $40,000. The Town is ready to proceed immediately upon notification, with an anticipated start date of January 2008. The Town of Marion and Smyth County agree to each provide $2,500 as local match to this Planning Grant.”

SPECIAL USE PERMIT REQUEST- 433 LOUISE AVENUE-KELLY B. CLINE: Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES,

This request was set for public hearing on February 4, 2008 at 7:00 p.m.

TOWN/COUNTY QUARTERLY MEETING: The Town/County Quarterly Meeting will be held at the Smyth Career and Technology Center (Smyth County Vocational School) on January 15, 2008 at 6:30 p.m. The host will be the Smyth County Board of Supervisors.

WRESTLING TOURNAMENT: Mayor Helms stated that he attended the Wrestling Tournament held in December and he was very pleased with the participation and coordination of the tournament. Five (5) states were represented. It was a most successful event.

VML-FORMER PRESIDENT DIES: Mayor Helms reported that the former Mayor of Blackstone and former President of the Virginia Municipal League, Dr. Jim Harris, passed away recently. Mr. Harris’ leadership in the VML will be greatly missed.

PARKING LOT AGREEMENT WITH SMYTH COUNTY: Mr. Fenyk advised that the parking lot agreement has been forwarded to County Attorney .

John Tate and the Town is awaiting a response from the County.

VIRGINIA DEPARTMENT OF CORRECTIONS-DEED OF REVERSION: Mr. Fenyk stated that he delivered two (2) copies of the deed to Warden Ken Osborne. He also has received confirmation that the same has been received by the Assistant Attorney General.

COMMONWEALTH OF VIRGINIA-3.004 ACRE TRACT OF LAND NEAR EXIT 45:

Mr. Fenyk advised that the deed has been forwarded to the Department of General Services-Real Estate Division. The Town is awaiting a response from the Commonwealth.

CLOSED SESSION: Pursuant to Code of Virginia, as Amended, Section 2.2-3711 (A1) and upon of Mr. Hendrick, seconded by Mrs. Jennings, Council entered into Closed Session to discuss personnel matters. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters exempt from Open Session and identified in the motion were discussed during the Closed Session. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Hendrick, Leaman, Heath, Clay, Warren, 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