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 February 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; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Clerk/Director of Finance Dixie Sheets.

INVOCATION:  Rev. Harry Howe rendered the invocation.  Girl Scout Troop # 305 led the Pledge to the Flag.

VISITORS:   Brittany Stevenson, Susan Owens, Julia Gray, Ales Barr, Savannah Fender, Lacey Atwood, Morgan Ellis, Donna Fender, Wes Thomas, Elisabeth Iskra,  Harry Howe, Charles Harrington, Carol Jane Hale, Nicholas Stroupe.

MINUTES:  Upon motion of Mr. Clay, seconded by Mr.  Heath and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on January 22, 2008 were approved as written and distributed.  Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

INTRODUCTION OF NEW POLICE SARGEANT:  Police Chief Michael Roberts introduced Sgt. Wes Thomas to Town Council.  Sgt. Thomas was recently promoted to this rank.  Also introduced was the Intern, Nickolas Stroupe, a Police Science student at Wytheville Community College.

SPECIAL USE PERMIT FOR HOME OCCUPATION-433 LOUISE AVENUE-KELLY CLINE:  A completed application and fee were not paid and no additional contact has been received.   Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was dropped from the agenda.

PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT- TOWN’S PRIOR USAGE OF CDBG FUNDING:   Mr. Clark reported that the Gilman Street and East Chilhowie Street Project was mainly funded by a CDBG Grant.  DHCD funded $230,064 with the Town contributing $37,296 toward the project.  The project consisted of demolition and clearance of three houses; rehabilitation of two houses; reconstruction of one house (which included demolition); debris removal and brush clearance; and a pump sewer installed at one other property (Stovall). 

Ms. Elisabeth Iskra, MRPDC, stated that the CDBG Program is a general program overseen thru  DHCD.  It is designed to address low and moderate income (LMI) families in slum and blight areas.   It is a very competitive program. 

Marion Redevelopment & Housing Authority, Project Crossroads and the Town of Marion are jointly proposing to construct 10 LMI homes on property owned by the MRHA.  The homes are estimated to be $100,000 each, for first time home buyers.  The cost for completion of the infrastructure is anticipated to be $550,000.  This includes grading, water and sewer installation.    The financing will be handled by the Bank of Marion and Virginia Resource Authority. 

Housing Rehabilitation is another use of CDBG funds.  This includes rehabilitation and some spot-blight removal.  These are also available for senior eligible households.

Mr. Clark advised that Emory and Henry and MRPDC conducted a housing study in the area of Matson Drive and Pearl Avenue areas and already have information compiled for renter occupied, owner occupied dwellings.

APPOINTMENT TO THE PLANNING COMMISSION:  Ms. Sheets advised that the term of Marion Planning Commission Member Mrs. Alice Freeman will expire on April 1, 2008.  Mr. Leaman was asked to contact Mrs. Freeman concerning this appointment.

APPOINTMENT TO THE RECREATION COMMITTEE:  Ms. Sheets advised that the term of Marion Recreation Committee Members Tonya Billings, Kathy Blevins, and Victor McCready will expire on March 1.   Dr. Gates was asked to contact Recreation Director Sam Wagner to consider these individuals concerning these appointments.

SCHEDULE ON OLD SCHOOLHOUSE PLANNING STUDY:  Mr. Heath stated that a planning study will be conducted on preservation of the former schoolhouse structure.

UPDATE ON STAFFING AT THE WATER TREATMENT PLANT:  Mr. Clark advised that the Water Treatment Plant is fully staffed.  He stated that Tony Edwards is the Assistant Superintendent, Don Henderlite  is a Class III Operator and Carol Cale is a Class IV Operator.  One additional position will remain in the budget.  Don and Carol are working towards a Class II Certification, which we need.  Only one certified person applied for the recently advertised position.  That person was offered the job but declined.

UPDATE ON SELECTION OF POLICE DEPARTMENT PERSONNEL:   Chief Roberts reported that interviews for 2-3 patrol persons will be conducted on 2/5/08.

ORDINANCE COMMITTEE-SKATE BOARDS AND BICYCLES ON SIDEWALKS:  Mayor Helms stated that the Town has received several complaints concerning this matter.  Several injuries have occurred to individuals on the Town’s sidewalks due to skateboards and bicycles.  Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, a public hearing was scheduled on March 4, 2008 at 7:00 p.m.

FINANCE & REAL ESTATE COMMITTEES-CONSIDERATION OF ADDITIONAL COSTS ON BUILDING AND ELECTRICAL BIDS FOR OLD POLICE STATION UPGRADES (144 W MAIN ST):  Mr. Clark advised that bids for renovations at the former police station came in over the budgeted $15,000.   

 An additional $7,414 is needed to complete the planned renovation for the former Atmos

Building (new Police Station).  Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, an additional $10,000 was allocated for completion of the Police Station located at 555 S. Main Street.   It was noted that the Town has saved funds as employees are doing much of the work. 

PERSONNEL COMMITTEE-REVISION OF PERSONNEL POLICY:   This item was continued.

STREET COMMITTEE ON BAUGHMAN AVENUE BRIDGE CONTRACT:  Mr. Hendrick moved that this item be continued pending negotiations with the engineering firm.  Mrs. Jennings seconded the motion.  Council approved the same by a vote of 7 AYES and 0 NOES. 

STREET COMMITTEE ON MONTE VISTA DRIVE IMPROVEMENTS REQUEST:  Mr. Hicks reported that upon an assessment of Monte Vista Drive problem, he projected that the cost to raise the street to VDOT Urban Standards is estimated at $42,825.  If Monte Vista Drive is paved, the cost would be $7,000.   It was noted that Monte Vista Drive is a private street.  Due to the fact that all residents were placing their trash at the end of the street, a Town pick-up truck has been used to  pick up trash at the residences.  As a courtesy, the Town has also pushed snow up to 212 Monte Vista Drive.  However, the Town has never officially accepted the street into the Town’s Maintenance System.   

Mr. Heath asked if milling material has been used on Monte Vista Drive.  It was noted that milling material was used on Columbia Avenue and Holston Hills Lane.  These are two other uncompleted streets.  There would no additional costs to hauling and spreading milling material on the street.   Mr. Hicks stated that there is a 40 foot right of way along the street.  If the street were to be brought up to VDOT standards, it would require the Town to acquire additional right of way. 

Mr. Clay moved that this item be referred to the Street and Finance Committee for study and recommendation.  Mrs. Jennings seconded the motion.  Council approved the same by a vote of 7 AYES and 0 NOES.

TV CABLE COMMITTEE ON FRANCHISE AGREEMENT:   Due to possible litigation, this item was referred to Closed Session.

VIRGINIA STATE POLICE – TROOPER KRIS CHAPMAN:  Mr. Clay advised that Trooper Kris Chapman was critically injured on Friday, February 1, 2008 when his vehicle was hit by a drunk driver.  He asked that members remember Trooper Chapman and his family.

SCOUT TROOP # 305 was in attendance.   The Troop Leader, Donna Fender,  informed Town Council that the young ladies in the Troop are Freshmen at MSHS and working toward their GOLD AWARD.  This is the highest award that a Girl Scout can attain.  It is comparable to the Eagle Scout Award.   Each girl introduced herself to the Council.

PUBLIC MEETING FOR MARION HISTORIC DISTRICT:  Mr. Heath advised that the Marion Downtown Revitalization Association will host a Public Meeting on Tuesday, February 12, beginning at 6:00 p.m. to present information and gather public comment on expanding the Marion Historic District. 

COUSIN ZEKE LEONARD DAY:  Mr. Heath advised that the Town has declared February 2^nd as Cousin Zeke Day.  Cousin Zeke is being honored as one of the Town’s most beloved community members.  He was a local radio personality and was instrumental in creating “The Fireman’s Jamboree” to raise money for the Marion Volunteer Fire Department.   The Marion Volunteer Fire Department recently named Cousin Zeke as a “Lifetime Honorary Member”.   A delegation from Marion will visit  Cousin Zeke to deliver the Resolution, a Key to the Town, and a plaque from the Fire Department.

COLLINS HOUSE:  Mr. Heath advised that the Collins House, the Town’s newest Bed & Breakfast, is open and ready for business.  This lovely home was remodeled over a five year period by the owners,  Dave Fields and Sheila Quattrocchi. 

KIM’S KLASSY CLOSET:  Mr. Heath stated that an Open House for Kim’s Klassy Closet will be held on February 15, 2008 at Noon.

CLIFTON FORGE DELEGATION:  Mayor Helms stated that a delegation from Clifton Forge, Virginia visited Marion on Saturday.  They were very complimentary of the improvements in the Downtown area.  The visit was arranged by Congressman Rick Boucher’s Staff.  The group attended the Song of the Mountains on Saturday night and stayed at the General Francis Marion Hotel.   The Town is pleased that Marion was selected as a site for other Town’s to visit to see the improvements made in the Downtown area.

GO GREEN VIRGINIA:  VML AND VIRGINIA CITIES & TOWNS have encouraged localities to implement or adopt policies concerning environmental policies.  The Mayor stated that the Town will work toward this program.   Mayor Helms noted that Mr. Clay has agreed to work on this project.

VML LEGISLATIVE DAY:  A group from Town Council will attend the VML Legislative Day, in Richmond, on February 7, 2008.

MEMORIAL DAY PARADE:  Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, $700 was allocated for a float for the Memorial Day Parade.

RESCHEDULE TOWN COUNCIL MEETING:  Mayor Helms stated that the Town Council meeting for February 18 will be conducted on February 19 due to the holiday.

LAND ACQUISITION-DONATION OF LAND FROM COMMONWEALTH OF VIRGINIA:  Mr. Fenyk advised that according to the division of Real Estate Service, the Attorney General’s Office contacted them and that the deed for the Town to accept the property has been forwarded to the Governor’s Office for his signature.

CLOSED SESSION:  Pursuant to Code of Virginia, as Amended, Section 2.2-3711 (5) & (7), and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council entered into Closed Session for the purpose of discussing a Revenue Sharing Agreement with Smyth County, a Parking Garage Agreement with Smyth County, TV Cable Franchise Agreement and Exit 47.  Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters identified in the motion and exempted from Open Session were discussed during the Closed Session.  Mr. Heath seconded the motion.  Council approved the same unanimously.   Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

TV CABLE:  Mr. Leaman moved that the Town offer Comcast Option 2 and counter with 35 cents per subscriber.  Mr. Clay seconded the motion.  Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Mr. Heath).

OLD POLICE DEPARTMENT:   Mr. Warren moved that the Building Inspector inspect the property located at 144 West Main Street.  Mrs. Jennings seconded the motion.  Council approved the motion unanimously.

CDA:  Dr. Gates moved that the Council empower Mr. Fenyk and Mr. Clark to proceed concerning the CDA and Boundary Adjustment.   He further asked that Mr. Jeff Mitchell be present at the next meeting.  Mrs. Jennings seconded the motion.  Council approved the motion unanimously.

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

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Mayor                                                                          Clerk of Council