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 March 3, 2008 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Ken Heath, Mark Warren, 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; Police Officers April Morgan and David Hicks; and Police Sgt. Steven Widner.

CLOSE MEETING OF FEBRUARY 19, 2008: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, the continued meeting of February 19, 2008 was adjourned.

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Mayor Clerk

INVOCATION: Rev. Dan Teague rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Debbie and Barry Taylor, Joelle Hicks, Jane Hale, Tim White, Joe Ellis, Cecil Carter, Bill Baldwin, Rev. Dan Teague, Herbert Johnson

MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, the minutes of the meeting conducted on February 19, 2008 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

PUBLIC HEARING ON A PROPOSED ORDINANCE PROHIBITING THE RIDING OF BICYCLES OR SKATEBOARDS ON SIDEWALKS WITHIN THE TOWN OF MARION:

AN ORDINANCE SETTING PROHIBITING THE RIDING OF BICYCLES OR SKATEBOARDS ON SIDEWALKS WITHIN THE TOWN OF MARION

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MARION, VIRGINIA, that Section 74-17 Prohibition on the use of roller skates and skateboards and/or the riding of bicycles, electric personal assistive mobility devices, motorized skateboards or scooters, motor-driven cycles, or electric power-assisted bicycles on designated sidewalks or crosswalks should be adopted as a part of the Town Code for the Town of Marion and is hereby enacted as follows:

Sec. 74-17. Prohibition on the use of roller skates and skateboards and/or the riding of bicycles, electric personal assistive mobility devices, motorized skateboards or scooters, motor-driven cycles, or electric power-assisted bicycles on designated sidewalks or crosswalks is prohibited within the Town of Marion.

As allowed by Virginia Code Annotated Section 46.2-904 (2007), as amended, the use of roller skates and skateboards on sidewalks and shared-use paths; operation of bicycles, motorized skateboards or scooters, motor-driven cycles, electric power-assisted bicycles, and electric personal assistive mobility devices on sidewalks and cross walks and shared-use paths; are prohibited within the Town of Marion.

A violation of this ordinance shall be punished as follows:

a. If a first offense, the punishment shall be a twenty-five dollar ($25.00) fine or ten (10) hours community service.

b. If a second or subsequent offense the punishment shall be a fifty dollar

($50.00) fine or twenty (20) hours community service.

Passed in Council this 3^rd day of March, 2008.

APPOINTMENT – RECREATION COMMITTEE MEMBERS: A slate of Recreation Advisory Committee members were presented for appointment:

Tanya Billings 3/1/08 - 3/1/10

Kathy Blevins 3/1/08 - 3/1/10

Victor McCready 3/1/08 - 3/1/10

Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the appointments were approved.

APPOINTMENT - MARION PLANNING COMMISSION: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, Alice Freeman was reappointed to the Marion Planning Commission.

DISCUSSION OF PROPOSED GRAFFITI CONTROL ORDINANCE: Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, this item was referred to the Ordinance Committee.

PROPOSED ENGINEERING CONTRACT ON BAUGHMAN AVENUE BRIDGE: Mr. Fenyk advised that all of his requested revisions have been addressed and the contract may be signed. Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, the Baughman Avenue engineering contract with Thompson & Litton was approved. Messrs Hendrick, Heath, Warren, Leaman, Dr. Gates, and Mrs. Jennings voted affirmatively.

AUTHORIZATION TO SIGN AN AGREEMENT WITH SMYTH COUNTY CONCERNING THEIR PAYMENT ON THE SEWAGE TREATMENT PLANT LOAN: Mayor Helms requested permission to sign the agreement with Smyth County concerning the Smyth County payment schedule for repayment of the Sewer Treatment Plant Loan. An excerpt from the minutes of the Town Council Meeting, held 10/18/07, was provided. “Mr. Fenyk advised that he, John Clark, and Dixie Sheets met with John Tate, Ed Whitmore, Mike Carter, Scott Simpson and Charles Atkins concerning the county portion of the payment for the Sewage Treatment Plant Loan. The Town refinanced the loan and extended the payment term to be paid 10/1/2024. Smyth County requested that they continue to pay the same amount of $47,244.38, semi-annually, as originally agreed until 2014 (the original pay off date/rate 2.5%). The Town does not object to this arrangement and both entities prefer that a written agreement be signed. The Council request that the document state that Smyth County be informed, in writing, of any further refinancing of the loan. A payment schedule will be attached to the agreement. The County’s final payment will be 2/1/2014. Mr. Hendrick suggested that the difference in the payment be placed in escrow and applied only to the loan payments. Council members agreed.” Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Council authorized that this document be signed. Messrs Hendrick, Leaman, Warren, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.

REQUEST FROM VFW POST 4667 FOR PARADE PERMIT: VFW Members Bill Baldwin, Cecil Carter, and Commander Herbert Johnson requested a Parade Permit for the Memorial Day Parade. The parade is scheduled on May 26, 2008 at 10 a.m. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, the request was approved.

VIRGINIA VFW GOLD MEDAL AWARD: VFW Commander Herbert Johnson stated that VFW 4667 had nominated Marion Police Officer Steven Widner for the Gold Medal Award for Heroism given by the Virginia VFW organization. The Award will be presented to Officer Widner at the VFW 86^th Annual Conference on June 12 at the Sheraton Richmond-West Hotel. He added that all expenses would be paid by the VFW. The nomination cited Widener for bravery and going beyond the call of duty in saving the life of John Rose. Police Chief Michael Roberts thanked the VFW for their support over many years. He further stated that the Marion Police Department is proud of Officer Widner and appreciated their nomination for his bravery.

PRESENTATION OF NEW POLICE OFFICER: Chief Roberts introduced Officer David Hicks. Officer Hicks is already certified by the DCJS and will not be required to attend the Academy. Officer Hicks was accompanied by his wife, Joelle, and her parents Debbie and Barry Taylor. Council welcomed our newest Officer.

PRESENTATION OF NEW POLICE SERGEANT: Police Chief Michael Roberts informed Town Council that Officer Steven Widner has been promoted to Sergeant. He added that Sgt. Widner has nearly ten (10) years of service with the Town of Marion. He was accompanied by his wife Lisa and daughter Brooke. Sgt. Widner expressed his appreciation to the Marion Police Department and Town of Marion. He added that he accepted the Sergeant position with a heavy heart. He stated that he will be assuming the position of the late Sgt. Keith Clark, his former Sergeant and mentor.

FULLER CENTER FOR HOUSING: Mayor Helms stated that he and those attending the dinner and talk by Millard Fuller were very impressed with the program he has begun. Mr. Fuller was the founder of Habitat for Humanity. Mayor Helms thanks Smyth County News staff member Dan Kegley for his excellent coverage of the event.

REQUEST FROM TIM WHITE FOR SONG OF THE MOUNTAINS: Tim White and Joe Ellis were present to request additional funding for Song of the Mountains (SOTM) and informed Council of the progress of the show. Mr. White informed Council that SOTM will again be aired locally on PBS. He added that the SOTM programs boast large attendance at the tapings. Mr. White stated that this year the SOTM will produce 20-24 episodes per year. New funders have joined to support the Program. Among those is Mt. States Health Alliance. Mr. White stated that he attended the Bluegrass Convention & Trade Center and distributed information on SOTM. One of those receiving information on the brochure was the “Music Shed” from North Carolina. They have requested to be an underwriter. The Carter Family Fold has signed on as an underwriter for Season 4.

Mr. White was delighted to report that he was recently given the privilege to play the banjo at the Grand Old Opry in Nashville. The night he performed it was held at the Ryman Theatre. He noted that it was a “treat” to play with Jesse McReynolds and the Virginia Boys. He added that Jesse McReynolds has played at the SOTM and was encouraging other performers to do the same.

Council asked that the Song of the Mountains submit a proposal to be considered in the next budget.

SELECT DATE OF PUBLIC HEARING FOR ACCEPTING PETITIONS FOR A COMMUNITY DEVELOPMENT AUTHORITY:

AN ORDINANCE ELECTING TO ASSUME THE POWER TO CONSIDER PETITIONS FOR THE CREATION OF COMMUNITY DEVELOPMENT AUTHORITIES. ARTICLE VII. COMMUNITY DEVELOPMENT AUTHORITIES

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MARION, VIRGINIA, that Section 62-170 Electing To Assume The Power To Consider Petitions For The Creation Of Community Development Authorities Ordinance of the Town Code for the Town of Marion should be and is hereby enacted as follows:

ARTICLE VII. Community Development Authorities

Sec. 62-170. Electing to Assume The Power To Consider Petitions For The

Creation of Community Development Authority.

WHEREAS, state law was amended in 2005 to require any town that wishes to consider petitions for the creation of community development authorities to elect to do so by ordinance and to hold a public hearing on the ordinance; and

WHEREAS, having a duly advertised public hearing on this subject, the Town of Marion Virginia (the “Town”), wishes to assume the power to consider such petitions;

NOW, THREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARION, VIRGINIA:

1. The Town elects to assume the power to consider petitions for the creation of community development authorities in accordance with the provisions of Section 15/2-5152 of the Code of Virginia of 1950, as amended.

2. Upon receipt of such a petition, the Town Manager will review and evaluate its merits in accordance with the provisions of state law and with written criteria to be approved by the Town Manager.

3. After the Town Manager’s review and evaluation is complete, he shall advise the Town Council of his recommendation with respect to the petition.

4. This ordinance shall be in full force and effect on and after its passage.

Passed in Council this 3^rd day of March 2008.

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Mayor David P. Helms Town Clerk Dixie O. Sheets

Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, a Special Town Council Meeting & Public Hearing was scheduled for March 31, 2008 at 5:00 p.m. to consider this Ordinance.

LETTER TO TOWN RECOGNIZING SAFETY ISSUES FROM VML: Mr. Hicks reported that Stuart Henderson and Thomas Bullock of the VML Insurance reviewed the Town’s procedures for safety issues and were very pleased.

HEALTH INSURANCE – NOTICE OF NO INCREASE: Mr. Clark reported that for the period July 1, 2008 through June 30, 2009, there will be NO INCREASE in premiums.

URBAN MAINTENANCE REPORT: Mr. Hicks reported that the Urban Maintenance for fiscal 2007-2008 is $973,568.24. For the 1^st and 2^nd Quarters, the Town has expended $144,732. Proposed Expenditures are: 1) Paving - $250,000 x 26.4% = $316,000; 2) Concrete - $100,000 x 26.4% = $126,400. The total, including proposed expenditures, is $587,132. With two (2) quarters left, balance of right of way expenditures should be approximately $250,000, which brings expenditures to $837,132. Therefore, a balance of $136,436 remains to be expended by June 30, 2008.

VML/VACO AEP STERRING COMMITTEE – ASSESSMENT: Ms. Sheets reported that the annual VML/VACo AEP Steering Committee assessment for 2008-2009 has been received in the amount of $1,308. The Steering Committee negotiates with AEP for rates for government entities. Upon motion of Dr. Gates, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, Council approved payment of the assessment. Messrs Hendrick, Heath, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

BAUGHMAN AVENUE BRIDGE REPLACEMENT: Mr. Hicks reported that the bridge is scheduled for design costs in the next fiscal year. He noted that this project is not allowable under the Urban Street Maintenance (Highway Funds). VDOT Revenue Sharing Funds will be used for this project. Revenue Sharing Funds require a 50%/50% match.

SKATEBOARD/BICYCLE ORDINANCE: Rev. Dan Teague requested that the Town explain that the Ordinance passed at this meeting was passed in the interest of safety. He was concerned that a positive message be sent to the children.

STREET COMMITTEE ON TOWN STREET WATER PROJECT: Mr. Hicks reported that the estimated construction cost is $64,812.80. The approved budget allotted $47,000 for this project. The estimated shortfall is $17,812.80. Mr. Hicks recommended the following deductions in the project: 1) Deduct reconnection to new line and complete with Town staff – Savings of $5,600; 2) Town staff wet tap lines - Savings of $500; Town purchase pipe materials - $1,980; 3) Delete fire hydrants from project – Savings of $5,000; 4) Reduce length line replacement by 100 ft – Savings of $4,700. The suggested deductions would result in a total savings of $17,780. Upon motion of Mr. Heath, seconded by Mrs. Jennings, permission was granted to bid the project with the Town providing the materials and asphalt. Messrs Hendrick, Leaman, Heath, Warren, Dr. Gates and Mrs. Jennings voted affirmatively. Also, the Town will be replacing 9 out of 19 meters and there has been discussion on the replacement of fire hydrants.

STREET COMMITTEE ON PROPOSED CONCRETE SCHEDULE: Mr. Hicks provided Town Council members with a 2008 Summer Concrete Survey at $206,663. The 2007-2008 Budget allotment is $100,000.

STREET COMMITTEE ON LEE STREET COMPLAINT: Mr. Hicks reported that Ken Morrison of Ken’s Construction has agreed to meet with him, Mr. Warren, and Mr. Trail to discuss the complaints with the reclamation of property on the Lee Street Project.

PERSONNEL COMMITTEE ON REVIEW OF PROPOSED PERSONNEL MANUAL: Members of Town Council were presented with a copy of the proposed update to the Personnel Manual. This item will be discussed March 17.

BUILDING & GROUNDS-SECURITY AT MUNICIPAL BUILDING: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was continued. Mayor Helms noted that two (2) officers will now attend all Town Council Meetings.

SPECIAL COMMITTEE-REPORT ON PROPOSED ESTABLISHMENT OF A MARION JUNIOR TOWN COUNCIL: Upon recommendation of the Special Committee and motion of Mr. Heath, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, a letter and proposal for the Marion Junior Town Council will be drafted to Smyth County Superintendent of Schools, Dr. Robinson, for consideration and comments.

WASHINGTON AVENUE WATER PLANT – PAYMENT REQUEST # 4: Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, payment number 4 was approved in the amount of $1,140. Messrs Hendrick, Heath, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

CDBG – SECOND PUBLIC HEARING: Mr. Clark reported that a second public hearing has been scheduled on March 17, 2008 on housing rehabilitation project specifics. The Town is eligible for up to $1 million dollars in grant funding. This would allow for the renovation of 24 homes at $25,000 each. The needs study shows that the areas of Pearl Avenue and Buchanan Street would be the priority. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the public hearing was scheduled on March 17, 2008 at 7:00 p.m.

Mr. Clark noted that a public information meeting concerning the Rehabilitation Project will be conducted at 5:00 p.m. on March 17, 2008 with the formal public hearing to be conducted at 7:00 p.m.

HIGHLANDS FELLOWSHIP CHURCH: Mr. Heath stated that Highlands Fellowship Church will conduct an Open House and services on Easter Sunday, March 23, 2008 at 10:00 and 11:00. The Church will be housed in the former Sarah’s Florist location next to the Corner Chevron on North Main Street.

DENNIS DONOVAN: Mr. Heath stated that Dennis Donovan, of WDG Consulting, shared ideas on competitive improvement recommendations for the Tri-Cities with the Regional Alliance for Economic Development on January 16.

VIRGINIA MAIN STREET: Mr. Heath reviewed the Annual Report for Marion Downtown! as submitted to Virginia Main Street.

ENTERPRISE ZONE: Mr. Heath requested that adjustments be considered to the Enterprise Zone Resolution, as passed in 2006. Mayor Helms requested that Mr. Heath work with Mr. Clark and Ms. Sheets on these adjustments.

GO GREEN VIRGINIA 2008 REGIONAL FORUMS: Mayor Helms asked that Council Members who plan to attend the Go Green Virginia Forum in Abingdon, VA present their registration forms to the Town Clerk.

HUNGRY MOTHER STATE PARK: Mayor Helms advised that the University of Virginia and Michigan State ladies rowing teams will scrimmage at HMSP on Saturday, March 8, 2008. This is a very interesting event and he encouraged attendance.

CIVIC SIGN BOARD: A letter was received from Dan Surface concerning the re-establishment of a display of all Civic Clubs and their logos. He was concerned that the sign had not been erected. It was explained that only 4 civic organizations showed interest in providing signs for the display.

MUTUAL AID AND COOPERATIVE AGREEMENT: Mr. Fenyk advised that a Mutual Aid Agreement has been in effect for years between the Towns and Smyth County. With the establishment of the Regional Jail System, it has been suggested by Smyth County Sheriff David Bradley and Washington County Sheriff Fred Newman that the Mutual Aid Agreement be expanded to include both Counties and all Towns in these two (2) counties. He added that this may be agreed upon under Code of Virginia, as Amended Section 15.2-1730.1. Under this provision each party to the Mutual Aid Agreement must provide proof of at least $1 million in liability insurance. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was referred to the Police Committee.

AUTO DECALS: Ms. Sheets advised that the Auto Decals are on sale and must be purchased and displayed on or before March 31, 2008.

SEPTIC HAULERS: Mr. Clark reminded those on the Sanitation & Finance Committees that there will be a meeting with Septic Haulers on Thursday, 3/6/08, at noon, to discuss settlement of their accounts.

CLOSED SESSION-Pursuant to Code of Virginia, as Amended, Section 2.2-3711 (A7), and upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 6 AYES and 0 NOES, Council entered into Closed Session to receive legal briefing from the Town Attorney on Exit 47 issues. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters identified in the motion were discussed during the Closed Session. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Leaman, Heath, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.

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Mayor Clerk