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 22, 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; Purchasing Agent B. J. Hamm; Town Clerk/Director of Finance Dixie O. Sheets

INVOCATION: Mayor Helms asked for a moment of silence in honor of Marion Police Sgt. Keith Clark. Rev. Neville Mozingo rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Bob Mason, Kim VanHoy, Leah Prater, Richard Rush, Tim Anderson, Marvin Craig, Allen Abel, Susie Ellis, Joe Ellis, Judy Schulz, Jeff Spickard, Jim Patterson, MD, Cindy Salyer, Dixie Prater, Elisabeth Tskra, Andrew Moss, Christy J. Moss, Neil Castrodale, C. B. Gwyn, Neville Mozingo, Beth Gates, Lynn Burkett, Ernest Catron, Gilda Powers, David Fields, Sheila Quattrocchi, Hank Carr, Lindy White.

MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on January 7, 2008 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

RESOLUTION HONORING ROBERT C. “BOB” MASON ON HIS RETIREMENT ON JANUARY 1, 2008: Mayor Helms read the Resolution of Appreciation for Bob’s service to the Town and presented him with a token of appreciation. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Council approved the Resolution.

A RESOLUTION OF RECOGNITION ON THE OCCASION

OF THE RETIREMENT OF

ROBERT C. “BOB” MASON

WHEREAS, Bob Mason began work with the Town of Marion as Water Treatment Plant

Operator on December 15, 1969 and has been continuously employed in the Town of Marion; and

WHEREAS, Bob Mason attained both Class I Water Operator and Class I Wastewater Certifications and was promoted to Water Treatment Plant Superintendent in 1981. Bob has ensured that Town of Marion water customers received the highest grade of water for their consumption and use; and

WHEREAS, Bob Mason retired on January 1, 2008, after more than 38 years of

Service with the Town of Marion; and

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town of

Marion, that Bob Mason be commended for his years of service to the

Town of Marion and the citizens of Marion.

BE IT FURTHER RESOLVED that this Council extends to Bob Mason best

wishes for good health, long life and prosperity and peace.

RESOLVED, this 22^nd day of January 2008.

SIGNED:

________________________ _____________________________

David P. Helms Dixie O. Sheets

Mayor Town Clerk/Director of Finance

A SPECIAL PRESENTATION IN HONOR OF “COUSIN ZEKE” LEONARD FOR LIFELONG SERVICE AND FRIENDSHIP TO THE TOWN OF MARION: Mayor Helms read the Resolution. Ken Heath stated that “Cousin Zeke” began his career in Marion in 1948. He was a radio personality and local celebrity. He was a member of the local volunteer fire department. He now lives in Roanoke and has always referred to Marion as his “hometown”. He has been a good ambassador for Marion. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Council unanimously approved the Resolution to honor “Cousin Zeke”.

A RESOLUTION IN HONOR OF “COUSIN ZEKE” LEONARD FOR LIFELONG SERVICE AND FRIENDSHIP TO THE TOWN OF MARION

WHEREAS, “Cousin Zeke” Leonard began his radio career at Marion radio station WMEV in 1948, coming on for two weeks to raise money for the Marion Volunteer Fire Department; and

WHEREAS, “Cousin Zeke” then stayed on for over thirty-three years, working tirelessly to promote the Marion Volunteer Fire Department and the Town of Marion; and

WHEREAS, “Cousin Zeke” was named as Country Music DJ of the Year in 1954: and

WHEREAS, “Cousin Zeke” has made many lifelong friends with country music legends, including “Little” Jimmy Dickens, George Jones, Tammy Wynette, Loretta Lynn, Mel Street, Curley Seckler, and dozens of others; and

WHEREAS, “Cousin Zeke” has always remained a faithful son of the Town of Marion,

Proudly touting Marion as his “hometown”.

WHEREAS, The Marion Volunteer Fire Department has made “Cousin Zeke” an Honorary Lifetime Member of the department.

WHEREAS, “Cousin Zeke” continues to entertain audiences as an afternoon DJ on

WKBA-1550/1390 AM in Roanoke and Lynchburg every day Monday through

Friday from 4-5 p.m.

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Marion in Regular Session assembled 22 January 2008, that the Town hereby officially congratulates “Cousin Zeke” Leonard for his lifelong service to our Town and hereby proclaims 02 February 2008 as “Cousin Zeke” Day in the Town of Marion, Virginia.

Resolved, this 22^nd day of January 2008.

SIGNED: ATTEST:

____________________________ ______________________________

David P. Helms, Mayor Town Clerk

JOINT PUBLIC HEARING ON REQUEST TO REZONE A PARCEL OF PROPERTY NEAR ALTHEA STREET- JUDITH GREER SCHULZ: Smyth County Community Hospital (SCCH) had contacted Ms. Judith Greer Schulz and her brother, Kenneth E. Greer, to purchase approximately 40 acres of land upon which to construct a new hospital. Ms. Schulz and her brother petitioned the Town to rezone a parcel of property known as 47-A-17 and a portion of 154-24-2 which lies on the southeast side of Althea Street from R-1 to Medical Arts. Hank Carr of Corridor Properties, LLC will be handling the rezoning process on behalf of SCCH.

Marion Planning Commission considered the request at a meeting conducted on January 14, 2008. Many questions were asked and were fielded by SCCH Executive Director Lindy White and representing Mt. States Health Alliance, Hank Carr, real estate expert.

Planning Commission Chairman M. J. Hubble opened the Public Hearing to receive public input on a request to rezone the property owned by Judith Greer Schulz & K.E. Greer to Medical Arts. Town Zoning Administrator Cecil Hicks presented an overview of the zoning request and land use analysis. Ms. White informed those present that the Hospital Board considered remodeling the current hospital against replacing the facility. An, in-depth, facility assessment was performed and it was determined that the facility infrastructure is in dire need of repair. This includes plumbing, heating, window replacement and general age deterioration. The assessment demonstrated that the current facility, even with major renovation, would not meet the needs of the patients. It was decided that the Board would move forward toward a replacement facility. The facility would contain 57 beds. The historical data shows that 85% of the care at the facility would be out-patient based. Following the Assessment Phase, nearly completed, the project will move to the Application Phase. A full application will be submitted by January 5, 2008 and a public hearing with the State commissioner’s office in March. The Design Phase will take 8-10 months and the Construction Phase is expected to last 2 ½ years. Growth will be considered in construction of the facility.

Hank Carr was present as the real estate consultant for Mt. States Health Alliance. He noted that full access to the Interstate, adequate water & sewer service, and access to a main roadway (U.S. Route 11) were appealing to the Company. Topography was the main concern of the developers. Judy Schulz, the property owner, asked the Town Council to support the project and rezoning.

Several questions were asked of Ms. White. Among those was who will own the hospital. She advised that 80% is owned by Mt. States Health Alliance and 20% by the Smyth County Foundation. The Board consists of four (4) Mt. States Health Alliance representatives and nine (9) local representatives. She added that there are no plans to move the nursing home. As for the current medical facility, they are looking for a good fit to transfer the current hospital to. The same challenges would present problems for anyone owning the building.

In the event that ownership cannot be transferred, the hospital group is committed to demolition and reclamation of the site.

Three Town Council members noted that they will have to abstain from voting. Mrs. Jennings is the Executive Director of the Smyth County Foundation; Mr. Clay is a member of the Hospital Board of Directors and Mel Leaman, who is Executive Director of the Smyth County Free Clinic.

Joe Ellis, representing industry, stated that the community needs a strong health care facility, along with good schools and housing to attract future industries. Marvin Craig, Smyth County Foundation Board member and President of the Lifetime Wellness Center, spoke in support of the facility and affirmed the commitment to demolish and reclaim the property if an alternative use cannot be determined.

Planning Commission Chairman Hubble closed the public hearing, stating that a recommendation would be considered at the February 11^th meeting and reported to Town Council at the February 19^th meeting. Mayor Helms entertained questions from Town Council. This item was continued.

CONSIDERATION OF AMENDMENT TO THE TOWN CODE SECTION 70-181 FOR DOWNTOWN SPECIAL SERVICE TAX: Mr. Ernest Catron, President of the MDRA, requested that the Town Council consider renewing the Special Service Tax. He stated that it is a mechanism using property owner’s tax dollars, along with Town funds, to revitalize downtown. Mr. Catron is also an employee of the Bank of Marion, which is in favor of extending the Downtown Special Tax. A letter from Dr. H. P. Graham was read in support of the tax. Mr. C. B. Gwyn spoke in favor of the tax. He stated that the MDRA has done a great job. Dave Fields, 204 W. Main Street, noted the success of MDRA, however, he felt that the success of MDRA benefits everyone and is funded by a few. He was against extension of the Downtown Tax. Joe Ellis also spoke against the extension of the tax for the same reason as Mr. Fields. He suggested an alternative way of funding the tax. Gilda Power, 1146 W. Chilhowie Street stated that she has seen the tremendous advantages that downtown businesses have, partially thru the Downtown Special Tax. She was in favor of extending the tax. Dr. Gates noted that the Town has given tax abatements, established the Enterprise Zone and special tax credits for businesses downtown. Sidewalks are cleaned of snow by the Town in front of businesses. Façade grants and façade renderings are provided for the downtown businesses. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 5 AYES and 2 ABSTENTION (Mr. Heath, Mr. Warren), Council approved the amendment to Town Code Section 70-181. Note: Mr. Heath is Executive Director of Marion Downtown! and Mr. Warren is a property owner.

REQUEST FOR SPECIAL USE PERMIT-PUBLIC HEARING SCHEDULED FOR FEBRUARY 4, 2008: To be continued.

TOURISM ASSOCIATION: Joe Ellis stated that the Town of Marion has been selected by Rick Boucher as a benchmark for other towns interested in tourism. Several Towns will visit Marion in the near future to see what Marion has accomplished. He added that he hoped they would visit a Lincoln Theatre production while in Marion. Free tickets will also be extended to Town Council members to attend the event.

SONG OF THE MOUNTAINS: Joe Ellis informed Town Council members that John Bruton, the former Prime Minister of Ireland will visit Marion. Mr. Bruton currently serves as Ambassador for Ireland.

Also, Mr. Ellis advised that The Song of the Mountains will double their output to twelve (12) shows.

CREAMERY: Mr. Ellis stated that four (4) local dairy farmers have shown interest in developing the creamery. Food City has also expressed an interest in having local products on their shelves.

BIDS FOR ELECTRICAL UPGRADE ON OLD POLICE DEPARTMENT, 144 W. MAIN STREET-PURCHASING DEPARTMENT: The Town of Marion solicited requests for quotations for a complete electrical renovation on an existing Town structure located at 144 W. Main Street in downtown Marion. Bids were received on January 17, 2008. Two bids were received. HTAZ bid $58,645. R&M bid $89,000. The approved budget amount was allocated at $15,000. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Building and Real Estate and Finance Committees.

APPROVAL OF PARTIAL PAYMENT REQUEST # 3 ON WASHINGTON AVENUE WATER LINE-LANE ENGINEERING: Payment request #3 on the Washington Avenue Water Line was presented for approval in the amount of $104,046.19. Jeff Spickard of Lane Engineering recommended approval of the same. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Council approved payment of Request # 3. Messrs Hendrick, Warren, Clay, Leaman, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

DISTRICT III- REQUEST FOR IN-KIND SUPPORT FOR PERMANENT COVERED SHELTER FOR TRANSIT LINE: Ms. Elisabeth Tskra, from MRPDC, requested a letter of support to be included in the needs assessment report for a permanent covered shelter for those waiting on the Transit bus. The shelters would be erected on the fixed route service area. The cost is $80,000. The grant would require a 10%, in-kind, match from Abingdon, Bristol, Galax and Marion for the FY 2008-2009. Mr. Heath moved that the Town provide a letter of support for the project and pledge up to $2,000, in-kind support. The motion was seconded by Mr. Clay and carried unanimously.

UPDATE ON APPALACHIAN POWER UPGRADES AND REMOVAL OF POLE STUBS: Mr. Clark advised that AEP has removed their lines from these poles; however Sprint and Comcast have wires connected to the poles.

ACCOUNTS: Upon motion of Dr. Gates, seconded by Mrs. Jennings

and vote of 7 AYES and 0 NOES, the Accounts were approved for payment in the amount of $ 964,906.88. Messrs Hendrick, Warren, Clay, Leaman, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

INVESTMENTS: There were no investments for the month. Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Investment Report was accepted.

REQUEST FROM MR. NEIL CASTRODALE ON 10K RACE BY FULLER CENTER FOR HOUSING: Neil Castrodale requested permission to conduct the 10^th Annual 5K Race on May 10^th, 2008. He added that the race will be sponsored by the Smyth County Chapter of the Fuller Center for Housing. The previous races were sponsored by Habitat for Humanity. The Smyth County Habitat for Humanity Group disbanded and joined the Fuller Center for Housing. Mr. Leaman moved that the request be approved and that Mr. Castrodale and his volunteers work with the Marion Police Department on details. Mr. Warren seconded the motion. Council approved the same unanimously.

It was noted that Millard Fuller will visit Marion and a Resolution will be prepared in his honor.

NOTICE OF PUBLIC HEARINGS FOR CDBG PROJECTS: Mr. Clark advised that two (2) public hearings have been scheduled to consider CDBG Improvement Grants. The first will be conducted on February 4^th and will address the Town’s previous use of CDBG funds. The second hearing will be conducted on March 3^rd and will be more project specific. There are two (2) projects for which the Town will be submitting applications for funding. One is the housing production project on Miller Avenue and the other the housing rehabilitation study in the Pearl Avenue, Buchanan Street, Spruce Street and Matson Drive areas.

UPDATE ON PLANNING GRANT ON OLD SCHOOLHOUSE ADAPTIVE REUSE-DOWNTOWN DIRECTOR: A CDBG Planning Grant Application will be submitted by February 29^th for the adaptive reuse of the old school house. The amount applied for with this grant is $40,000.

STREET COMMITTEE-REVIEW OF ENGINEERING BID BY THOMPSON AND LITTON FOR BAUGHMAN AVENUE BRIDGE PROJECT: Mr. Clark reported that the Thompson & Litton contract on the Preliminary Engineering Report (PER) for the Baughman Avenue Bridge Project, in the amount of $32,192, was reviewed by the Street Committee.

Thompson & Litton have recommended that in the interest of moving the project forward that the Town pay for the PER in totality. This would eliminate participation of VDOT in this element of the project. The original plan was for the Town and VDOT to participate at $17,000 each. However, if the Town pays the full amount, the project could move forward more quickly. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this matter was continued.

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

ORDINANCE COMMITTEE-CONSIDERATION OF PROPOSED ORDINANCE TO BAN SKATEBOARDS AND BICYCLES FROM TOWN SIDEWALKS: A proposed Ordinance prohibiting the riding of bicycles and skateboards on sidewalks within the Town of Marion was considered. The purpose of this ordinance is to provide safety of citizens. Several members were concerned that the policy may not include all aspects, i.e. roller blades, etc. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 4 AYES AND 3 NOES (Messrs Warren, Clay, Heath), this item was referred back to the Ordinance Committee and Chief Roberts for review.

STREETLIGHT COMMITTEE-POLE AND LIGHT ON RIVER STREET: Council was informed that a light and pole could be installed at a cost of $733. Discussion ensued. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Town Manager was directed to contact Tony Miller, AEP representative, to determine why the light may not be installed on the existing pole.

POLICE DEPARTMENT: Mr. Clay suggested that the relocated Marion Police Department be named in honor of Sgt. Keith Clark. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 4 AYES and 3 NOES, (Hendrick, Leaman, Gates) the suggestion was referred to the Real Estate Committee for consideration.

MONTE VISTA DRIVE: Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, a request to upgrade Monte Vista Drive was referred to the Street Committee for study and recommendation.

MEMORIAL DAY PARADE: Mayor Helms noted that the Memorial Day Parade will be conducted on May 26^th. He requested that the Finance Committee consider sponsoring a Town float.

REACH 2008: Mayor Helms advised that local churches are planning a REACH 2008 service to be held at the Marion Stadium on Sunday, April 20^th. The guest speaker will be Dr. Robert Schuller.

PROPOSED PARKING LOT AGREEMENT WITH SMYTH COUNTY-TOWN ATTORNEY: Mr. Fenyk advised that a copy of the agreement has been forwarded to the Board of Supervisors for review by their Committee.

UPDATE ON STATUS OF 3.004 ACRE TRACT DEED FROM THE COMMONWEALTH OF VIRGINIA: Mr. Fenyk reported that an e-mail from the Commonwealth advised that the revised deed has been forwarded to the Division of Real Estate Services for consideration.

COMMONWEALTH – LEGAL ISSUES: Mr. Fenyk suggested that the Town Council keep an eye on proposed bills. Some may directly impact the Town of Marion. Those are: (1) Overtime for Police Department; (2) Guarantee Act for LEO Officers; (3) Impact fee bill for land use.

POLICE DEPARTMENT: Chief Roberts thanked Town Council, Town staff and the community during the loss of Sgt. Keith Clark. The Police Department plans to place a photograph in remembrance of Sgt. Clark at the door of the Sergeant’s Office.

SMYTH COUNTY IT DEPARTMENT: Kim VanHoy, Smyth County Information Technology Department, was present to discuss the grant approved in October in the amount of $67,736. She advised that the Town’s local match would be $4,351. Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the match was approved.

DEMOLITION OF OLD MILL HOUSE REMNANTS: The old mill house located near the Water Treatment Plant burned in December 2007. However, the chimneys are still standing and are very dangerous. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council approved payment of $3,000 to demolish and reclaim the land of the Old Mill House.

HENRY STREET EXTENSION – REQUEST FOR SEWER SERVICE: It was noted that there is a manhole in the Henry Street Extension area. Any individual would be allowed to connect to the system under the general conditions set forth by the Town and pay the appropriate fee.

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

___________________________________ ________________________________

Mayor Clerk