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 April 7, 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; Police Officer Rick Billings; Police Sgt. Wes Thomas; Town Clerk/Director of Finance Dixie Sheets

INVOCATION: Rev. Jeff Padgett rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Town Council Candidates Jane Hale and Bill Weaver, Jeff Spickard, Susan Williams, Dave Fields, Bill Huber, Jamie Tolliver, Rev. Jeff Padgett.

MINUTES: Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on March 17, 2008 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the minutes of a Special Called Meeting conducted on March 31, 2008 were approved as written and distributed. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

ACCEPTANCE OF BIDS ON THE TOWN STREET WATER LINE: Jeff Spickard informed Town Council that the bids for the Town Street Waterline Project were opened on March 25, 2008 at 2 pm. One bid was received for Contract I and one bid was received for Contract II. He noted that the total project cost still exceeds the available funding for construction by approximately $4,415.76. Lane Engineering recommended awarding Contract I to Consolidated Pipe and Supply in the amount of $14,645.76 and Contract II to Teaters Trucking Inc. for $34,770, contingent upon additional funding being provided by the Town and contingent upon Virginia Department of Health approval. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council accepted the recommendation for Contract I and Contract II from Lane Engineering. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively. It was noted that bid costs do not include paving.

ACCEPTANCE OF CONCRETE BID: Mr. Hicks reported that Ken Construction was sole bidder on this project. Council members expressed concern that several “punch items” were not completed on previous projects. They suggested that a member of Town staff check and inspect the concrete work at the time the work is completed. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, Council accepted the concrete bid from Ken Construction with up to $100,000 of work completed by June 30, 2008. The remaining work will be completed in fiscal year 2008-2009. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

COMCAST CABLE PROPOSAL: Upon recommendation of Mr. Fenyk and motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was referred back to the Cable Committee.

RECOMMENDATION OF CONSULTANT ON OLD SCHOOL: The Town has a $40,000 Grant with $2,500 match from the Town and Mr. Heath stated that three (3) firms were interviewed for this project. They were Spectrum Design, Hill Studio, and Lane Group. Mr. Fenyk informed Town Council that it was his opinion that Spectrum Design has a conflict of interest. He added that Mr. Huber had expressed interest in development of the property and might gain from the project financially. Mr. Huber was not in attendance, at the time, and upon motion of Mr. Heath, seconded by Mr. Clay and vote of 4 AYES and 3 NOES, this item was deferred until Mr. Huber’s arrival.

Upon Mr. Huber’s arrival, discussion on this matter continued. Mr. Huber stated that his bid included Architectural and Engineering to be handled by Spectrum Design and planning work to be performed by K. W. Poore & Company of Roanoke. He felt that his involvement with architectural and engineering aspects would assess the condition of the structure and assign a cost to renovate. Any future and alternative use of the structure would be based upon recommendations of K. W. Poore & Company. He did not feel that his involvement would be a conflict of interest. Mr. Huber stated that he is very interested in saving the building and offered to separate the A&E and Planning in the contracts. A lengthy discussion ensued. Mr. Fenyk advised that Mr. Huber’s firm may be considered, if another architect in his firm can do the work on the study. Mr. Huber advised that Doug Covington is a registered architect and could do the work. Also, Mr. Huber is only to be allowed access to all information that is available to all persons interested in the school house property. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Heath), the contract was awarded to Spectrum Design with the following specifications: 1) That Mr. Huber be separated from the project and not be the architect to perform the evaluation of the old school building; 2) If possible separate the A&E and Planning portion of the bid to allow K. W. Poore & Company to assess the future use of the building. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

CONSIDERATION OF HEALTH INSURANCE FOR ELECTED OFFICIALS: Upon motion, duly seconded, and vote of 5 AYES and 2 ABSTENTIONS (Leaman, Warren), this item was referred back to the Insurance Committee.

STAFF RECOMMENDATION ON REMAINING CAPITAL PROJECTS IN BUDGET – TOWN HALL ROOF, SENIOR CITIZEN CENTER ROOF AND DECK AND PUBLIC WORKS VEHICLE: Mr. Clark stated that he had polled the staff on capital requests and has determined that the Municipal Building Roof and Senior Citizen Center Deck be deferred to next fiscal year or eliminated. The Senior Citizen Center roof, painting of the Municipal Building and public works vehicle will be paid for from this fiscal year.

UPDATE ON NEW POLICE DEPARTMENT: Chief Roberts informed Town Council that the majority of the Police Department was moved into the new facility, located at 555 S. Main Street, over the first weekend in April 2008. The Department operated from that location today. Mr. Warren commended the volunteers and town staff for their labor on this project.

NEW POLICE OFFICER INTRODUCTION: Chief Roberts introduced Officer Rick Billings as the newest addition to the Marion Police Department. Officer Billings was a previous employee of Coffman Stairs and the Southwest Virginia Regional Jail Authority.

OFFER OF HELP FROM APPALACHIAN SPIRIT GALLERY ON OLD POLICE DEPARTMENT: As proposed electrical upgrades to the structure located at 144 W. Main Street, Appalachian Spirit Gallery (ASG), far exceeded the amount that the Town had budgeted. The ASG had presented a proposal from Dave Fields to perform upgrades, not to exceed $2,500. Mr. Fields stated that his inspection did not present any major issues. His work would address safety, air conditioning, and lighting. The work would be inspected and approved by Town employee Jerry Breen. Upon motion of Mrs. Jennings, seconded by Mr. Hendrick, and vote of 6 AYES and 1 ABSTENTION (Heath) the proposal was accepted. Mr. Warren stated that, according to Smyth County Building Inspector Bud Owens, any problems with the wiring would reflect on Jerry Breen’s Electrician’s License.

REQUEST FROM MT. EMPIRE PILOT’S ASSOCIATION: Mr. Hicks and Jamie Tolliver spoke on behalf of the Mt. Empire Pilot’s Association concerning their Annual Fall Fly-In at Mountain Empire Airport. The event will take place on September 28, 2008. The event has been held for several years and is a free event to the community. Mr. Hicks noted that approximately 4,000 attended the event in 2007. There will be static displays, in-flight demonstrations, airplane rides, food vendors, entertainment and information booths. Mr. Tolliver requested financial support for the event. A proposed budget was presented in the amount of $8,750. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this request was referred to the Budget Committee for consideration in the 2008-09 budget process.

2008-09 BUDGET PROPOSAL: Ms. Sheets advised that she, Mr. Clark and Mrs. Clark have met several times to prepare the proposed budget. Requests from the Departments have been recorded and will be available for the Finance Committee in the very near future.

SPRING PAVING SCHEDULE: Mr. Hicks presented the Spring Paving Schedule in the amount of $207,040 and $28,349 milling expenses.

BUILDINGS & GROUNDS – FARMER’S MARKET: Mr. Huber and Susan Williams were present as members of the Farmer’s Market Committee. A sketch of the proposed market was presented. The plan shows two rows of exhibitors pulled into the sites to sell their goods from the back of their trucks. The area between the rows will be covered with a tarp and will become a pedestrian walkway. Parking will not be affected during the week when the Market is not open.

BUILDINGS & GROUNDS – DOWNTOWN PLANTINGS: Mr. Warren of the Buildings & Grounds Committee recommended that the plan be endorsed. Mr. Heath advised that the work has already begun to remove the “monkey grass”, prepare a watering schedule and replace some of the trees. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Heath), the plan was adopted. Mayor Helms noted that some of the planters are currently empty.

REQUEST TO INSTALL MAIN WATER LINE ON CANTON LANE: Mr. Hicks advised that a letter of proposal on the Canton Lane Water Line, for their mobile home park, requested by Don Prater has been forwarded to them for review and signature. The agreement includes the following requirements: 1) That the new 2” water main be extended from the old meter location along the right of way to the east side of Canton Lane and then along Canton Lane to the end of Canton Lane for a total length of approximately 450 feet, at the owners expense; 2) That a right of way or easement be granted by the owner to the Town of Marion that will allow the placement of Town water meters and also be wide enough for the Town’s crew to make repairs to the main line and water meters if necessary; 3) That the owner is to pay for every water meter installed by the Town at a price of $675 per meter that is to be placed inside the easement area and that is to serve mobile home residents along Canton Lane; 4) That when the Town is to place meters within the easement area granted, that any asphalt that is damaged shall be patched back by the Town, but the Town will not be responsible for overlaying the entire road of Canton Lane. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this item was continued, awaiting response from Mr. Prater.

STREET COMMITTEE-MONTE VISTA DRIVE: Mr. Hicks advised that Mr. Fenyk has reviewed the deeds on Monte Vista Drive and has determined that the Town has a right of way on the entire lane, to the last house. The Committee recommended that milling material be placed on Peake Drive and patch the existing road.

STREET COMMITTEE-KINGWOODS STREET: Mr. Hicks stated that this short street runs off of Graybeal Street. He advised that the Town drags the street with a loader and applies milling material to the street. The Street Committee recommended that the Town continue this practice.

Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council voted to accept the recommendations of the Street Committee.

STREET LIGHT COMMITTEE-REQUEST ON HOLSTON HILLS LANE-BRENDA BENNETT: Mrs. Jennings reported that she and Mr. Warren visited this street in the evening and found it to be very dark. However, she added that there is an existing light on the street that may be moved to increase the lighting at the most cost effective way. Upon motion of Mrs. Jennings, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Leaman), Mr. Clark was asked to contact AEP to determine the most cost effective way to provide more light to Holston Hills Lane. Mr. Leaman suggested that Town staff consult with other residents of Holston Hills Lane prior to any final decision.

TECHNOLOGY COMMITTEE ON INTERNET ACCESS: Council was informed that the system in use now is $240 per month. The wireless link is dated and the school board is no longer using the site as it is next to impossible to get parts to repair the system. The Committee had presented three (3) options: 1) Install a dedicated fiber link with Bristol Virginia Utilities at $375-$600 per month; 2) Fiber Link will incur two (2) expenses $240 plus $375-$600 per month; 3) Join the fiber link by BVU for businesses and phase out the wireless link. Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was referred to the Budget & Technology Committees for recommendation. The Town Staff, along with Chris King, was asked to come up with prices and determine any contract obligations that the Town may have with Smyth County on this matter.

J. C. FRANKS DRAINAGE CASE: It was reported that Judge Freeman ruled against the Town on issues of Sovereign immunity and that, in his opinion, Mr. Franks did give the Town timely notice of the Town’s alleged negligence. The VML Insurance attorney, Mr. W. Bradford Stallard of Penn, Stuart & Eskridge, will prepare to defend the case in court.

STREETS: Mr. Hendrick moved that the Town Council consider budgeting funds to bring sub-standard streets into the maintenance system. He added that a Special Tax District could be used to bring the streets up to state standards at a 50/50 split of the costs. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 1 NOE (Gates). Dr. Gates noted that the residents of Columbia Avenue were given that very option and declined the Town’s offer.

NEW POLICE STATION: Mr. Hendrick moved that the Town staff review the parking area at the new Police Department and consider upgrade of the area. Mr. Heath seconded the motion. Council approved unanimously.

MARION DOWNTOWN CALENDAR OF EVENTS: Marion Downtown was featured in the Smyth County News and Messenger edition of “Know your County”.

MARION DOWNTOWN AWARDS BANQUET: Mr. Heath announced that the MDT Awards Banquet would be held on May 15.

SONG OF THE MOUNTAINS REQUEST FOR FUNDING: Mr. Heath noted that Song of the Mountains has requested that the Town consider an allocation of $20,000 in the 2008-09 budget.

SMYTH COUNTY CELEBRATION PACKAGE: Mr. Heath stated that a $2,500 commitment to the Smyth County Celebration has been requested. This would be considered in the 2008-09 Budget.

SMYTH COUNTY NEWS REPORTER: Mayor Helms welcomed Stephanie Nichols as reporter for the Smyth County News.

MARION VOLUNTEER FIRE DEPARTMENT: Mayor Helms informed Town Council that a letter of appreciation has been received from Mrs. Umbarger to whom the MVFD rendered assistance.

GO GREEN VIRGINIA: Mayor Helms asked that anyone planning to attend the “Go Green Virginia” event in Abingdon on April 22 should relate that information to the Town Clerk.

YOUTH GOVERNMENT DAY: Mayor Helms stated that he received information that the Chamber of Commerce will not coordinate the Youth Government Day Event this year. Mayor Helms contacted MSHS Principal Danny Newman who is interested in working with the Town to continue this event. Mr. Heath moved, Mr. Clay seconded the motion and Council, unanimously approved, that the Town will participate with MSHS on Youth Government Day. Mr. Clay expressed the wishes of the Commonwealth Attorney Roy Evans to also participate. Other Constitutional Officers will be informed of the event for MSHS students.

RELAY FOR LIFE: Mayor Helms stated that shirts for the Town of Marion Relay for Life Team will cost $10 each. He asked that any Council member shall remit $10 and shirt size to the Town Clerk if they would like to have a team t-shirt.

REACH 2008: Mr. Helms noted that Dr. Robert Schuller will present a non-denominational program on April 20, 2008 at the Marion Senior High School Stadium. He requested permission to prepare a Resolution to honor the visit of Dr. Schuller. Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION

(Warren), permission was granted to prepare a Resolution.

TOURISM CONFERENCE: Mayor Helms asked that those planning to attend the Tourism Conference in Galax on Friday, April 11, 2008, should inform Ms. Sheets.

SEPTIC HAULERS: Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the issue with septic tank haulers was referred to the Finance and Sanitation Committees.

PARKING STRUCTURE: Mr. Fenyk informed Council that Smyth County Attorney John Tate has submitted revisions on the parking structure issue. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

COMMONWEALTH OF VIRGINIA REAL ESTATE SERVICES: Mr. Fenyk reported that the Department of Real Estate Services is in possession of the deed and survey of conveyance for the property located at Exit 45.

ARBOR DAY: Mayor Helms informed Council that the Annual Arbor Day Celebration will be held on April 25, 2008 at the Carl Taylor Pool Parking lot on the Riverwalk at 12:00, Noon.

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

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Mayor David P. Helms Town Clerk Dixie O. Sheets