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 21, 2008 at 7:00 p.m.

PERSENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Ken Heath, Mark Warren, Herbert Clay, and Dr. James Gates, 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 Kristen Long; Purchasing Agent B. J. Hamm; Town Clerk/Director of Finance Dixie Sheets.

INVOCATION/PLEDGE TO THE FLAG: Pastor Steve Dews from the Lutheran Church rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Pastor Steve Dews, Teresa McNeil, James McNeil, Shelia Glenn, Ken Glenn, Bill Weaver, Roy Evans, Brittany Clawson, Kathryn McNeil, Henry Evans, Nick Groseclose, Tanner Glenn, Brindon Udomratanavasi, Jane Hale.

MINUTES: Mr. Heath corrected the minutes with regard to the $40,000 grant and matching funds study for the use of the old school house. He noted that in addition to a $2,500 match by the Town, Smyth County has also pledged a match of $2,500. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, the minutes of the meeting conducted on April 7, 2008 were approved as corrected. Messrs Hendrick, Heath, Leaman, Clay, Warren, and Dr. Gates, voted affirmatively.

REQUEST TO INSTALL MAIN WATER LINE ON CANTON LANE: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, this item was continued.

AUTHORIZATION FOR TOWN MANAGER TO SIGN FOR TEA-21 DOWNTOWN STREETSCAPING: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, Mr. Clark was authorized to sign documents regarding the TEA-21 funding for Downtown Streetscaping.

RECOMMENDATION ON REVISING ENTERPRISE INCENTIVES: Mr. Heath stated that in 2006 the Enterprise Zone Incentives were established. The County has revised some of the incentives. Mr. Heath moved that under Local Incentives, Marion Enterprise Sub-zone, #3, Water and Sewer Cost Rebate, that incentives for the number of jobs 5-9 and #5, BPOL Tax Credit, line item with 1-9 be eliminated. He added that those already qualified under these items would be “grandfathered” in and would not be affected by the elimination of the incentives. Mr. Clay seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Leaman, Warren, Clay, Heath, and Dr. Gates voted affirmatively.

PAYMENT OF COUNTY PORTION OF WASHINGTON AVENUE/PAXTON LANE WATERLINE: Mr. Clark informed Town Council that he had written a letter to Scott Simpson, County Engineer, concerning the cost on the Washington Avenue/Paxton Lane Project. Smyth County had agreed to pay $35,000 on the project as it was amended to provide future service to Smyth County customers. When the project was completed, the price based on the as-built quantities came to $40,370 as the County’s share. Mr. Simpson had informed Mr. Clark that the County has agreed to pay the additional $5,370.

UPDATE ON OLD SCHOOL HOUSE: It was reported that DHCD was not concerned about a possible conflict of interest with regard to this project and awarding the same to Spectrum Design with K.W. Poore working along with them. The Town has successfully completed negotiations with Spectrum Design and K. W. Poore. Mr. Heath moved that, pending DHCD approval, the project be awarded to Spectrum Design and K. W. Poore. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Mr. Warren asked if the Town Attorney was comfortable with the issue of conflict of interest being addressed. Mr. Fenyk responded affirmatively if Mr. Huber is isolated from the project and this is included in the contract.

ACCOUNTS: Mr. Heath moved that $848,884.26 be approved for payment from the General Fund. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

INVESTMENTS: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council approved the Investment Report as presented. There were no investments for this time period.

DESTINATION IMAGINATION: Two teams from Marion have qualified to attend the Global Destination Imagination Championship Tournament in Knoxville, TN. Nick Groseclose was spokesperson for the DI Teams. He stated that the group must raise $12,000 to attend the tournament. He added that the Smyth County School Board and Smyth County Board of Supervisors have donated $6,000. The teams must raise the other $6,000. They requested that the Town consider a contribution to the teams. Upon motion of Dr. Gates, seconded, by Mr. Heath and vote of 6 AYES and 0 NOES, this item was referred to the Finance Committee.

AUTHORIZATION TO PAY TOWN PORTION OF “LAST MILE TELECOMMUNICATION STUDY”: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, release of the budgeted allocation was approved. It was noted that the ARC contribution was $10,000.

NOMINATIONS TO VML POLICY COMMITTEES: Mayor Helms asked that any member interested in serving on the VML Policy Committee should make this known by submitting their name or some other name to serve in this capacity.

PROPOSAL TO UPDATE WEB PAGE: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was referred to the Finance and Technology Committees to prepare a request for proposals.

CABLE COMMITTEE-COMCAST TV CABLE PROPOSAL: Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, this item was continued.

INSURANCE COMMITTEE-HEALTH INSURANCE FOR ELECTED OFFICIALS: Mr. Hendrick stated that the Town has been granted a renewal extension until May 1 to accept the insurance coverage from Anthem. The issue is whether to allow Town Council members to remain on the Town insurance group plan. The value of this coverage is $1,891 per person. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 4 AYES and 2 ABSTENTIONS (Warren, Leaman) this item was referred to the Finance Committee, with power to act.

PARKING STRUCTURE: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was continued.

LAND ACQUISITION AT EXIT 45: Mr. Fenyk advised that the deed for property at Exit # 45 has been recorded. The 3.01 acre property was conveyed from the Commonwealth of Virginia to the Town of Marion for municipal government purposes.

BIRTH ANNOUNCEMENT: Dr. Gates announced the birth of his grandson, Justin Alexander Gates. Best wishes to Dr. Gates and family.

GRIZZLY PARK: Mr. Heath advised that the movie Grizzly Park, filmed in Southwest Virginia, including Hungry Mother State Park will be shown at the Abingdon Cinemall on Friday, April 25 at 7:30 p.m.

GO GREEN VIRGINIA: Mayor Helms reported that an article in the Virginia Magazine contained an article about Rachel Fowlkes building a tree house on the Virginia Creeper Trail.

PAVING: Mr. Hicks reported that there was only one (1) bidder, W-L Construction and Paving. He reviewed the bid, noting the extreme increase during the past 5 years. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, the bid was accepted. Mayor Helms requested that the paving and concrete work be coordinated to avoid problems.

WATER TREATMENT PLANT DEDICATION: Mr. Clark announced the Water Treatment Plant Dedication will be held on Monday, May 12 at 10 am. Congressman Boucher will be the honored speaker.

CLOSED SESSION-Pursuant to Code of Virginia 1950, as Amended, Section 2.2-3711 (A7), Legal Advise/Potential Litigation-Septic Haulers Issues and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, Council entered into Closed Session to discuss potential litigation with regard to septic haulers. Mr. Hendrick moved that Council return to Open Session and that it is known that only those matters identified in the motion were discussed during Closed Session. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Leaman, Clay, Warren, Heath and Dr. Gates voted affirmatively.

Dr. Gates moved that in deliberations in regards to waste disposal, the Town will accept the offer extended by the septic haulers. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

SPA: Mayor Helms extended an invitation from Dr. Kris Gandhi for the members of Town Council to visit his spa prior to a future Town Council meeting. Mayor Helms stated that he was very impressed with what Dr. Gandhi has done with the building.

SENIOR DAY: Senior Day will be held at the Riverbend Park on May 30.

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

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Mayor Clerk