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 May 19, 2008 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Mel Leaman, W. E. Hendrick, Ken Heath, Mark Warren, Herbert Clay, Suzanne Jennings and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Purchasing Agent Billy J. Hamm; Police Officer Christin Long; Deputy Town Clerk/Deputy Director of Finance Susan Clark.

INVOCATION/PLEDGE TO THE FLAG: Mr. Warren rendered the invocation. Mayor Helms led the Pledge to the Flag.

VISITORS: Jeff Spickard, Jane Hale and Bill Weaver Council Members Elect, Dan Kegley

MINUTES: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the minutes of the meeting held May 5, 2008 were approved as written. Messrs Warren, Clay, Heath, Hendrick, Leaman, Mrs. Jennings and Dr. Gates voted affirmatively.

APPOINTMENT- MARION PLANNING COMMISSSION MEMBER: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.

ACCOUNTS: Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $533,914.49. Messrs Heath, Clay, Warren, Leaman, Hendrick, Mrs. Jennings and Dr. Gates voted affirmatively.

OLD SCHOOL HOUSE: Mr. Heath reported that two meetings had been held and the Architectural Engineer Report should be completed in the next few weeks. There will be a Public Hearing at a later date to decide the best and highest use for the building. A report will be submitted by June 30. There will be a walk-thru of the building on Wednesday, May 28 at 10:00 a.m.

PAINTING BIDS-MUNICIPAL BUILDING: Mr. Hamm reported that one bid was received for cost to paint the exterior of the Municipal Building from McClure Construction in the amount of $9,315.00; the budgeted amount is $7,000.00. The painting project shall consist of cleaning and preparation, caulking and painting of the exterior brick mold around each window and window seals of approximately forty-one windows of various sizes along with two entrance doors located on the left side of the building. Also the coupela on top of the building shall be cleaned of loose paint and caulked as needed before painting. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the project is to be re-bid to include all of the building. The project should begin the last week of June so that part of the costs will be incurred in two fiscal years. A bill should be submitted by June 30 and another in July when project is complete. The re-bids will not need to be approved by Council, but by the Building and Grounds Committee and staff.

NOTICE OF AWARD FROM BYRNE JUSTICE GRANT-POLICE DEPT: Chief Roberts explained that the amount of the grant is $9,566.00 with a local match of $1,063.00. Upon motion of Mrs. Jennings, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Council accepted the grant.

APPLICATION FOR LAND USE CHANGE-130 EUCLID AVENUE, JOHN COE: Mr. Hicks reported that this application will be taken to the Board of Zoning Appeals for recommendation. Mr. Coe would like to replace an existing structure with a newer model. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this item was referred to the Board of Zoning Appeals.

NOTICE OF BUDGET MEETING: Mayor Helms informed Council that a Budget Meeting is scheduled for Thursday, May 22, 2008 at 5:30 p.m.

WATERMILL ROAD-PHILLIP MARTIN: Mr. Martin expressed his concerns about the Town brush pile at the Water Treatment Plant. The brush pile has become a junk pile with building materials included. He is concerned that some materials are lead based and when the pile is burned this could create a problem by possibly contaminating the water. Mr. Clark informed Council that the gate is locked after hours and that he will speak with the Police Chief, Public Works Director and Town Engineer to find out how items other than brush are getting in to the pile.

TECHNOLOGY COMMITTEE-REQUEST FOR PROPOSALS FOR WEB SITE UPDATE: Upon motion of Mr. Hendrick, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued until bids are received.

TV CABLE COMMITTEE-COMCAST FRANCHISE: Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was continued.

STREET COMMITTEE-TRAFFIC SIGNAL SYSTEM AT WASSONA & NORTH MAIN STREET: Mr. Hicks informed Council that he and Mr. Hendrick had met and determined that the intersection is not designed for left turn phasing. Richardson-Wayland Electrical Co. had submitted a bid in the amount of $18,500.00 for the installation of a P-44 Controller for Signal #9; in addition an estimated $6,200.00 will be added for loops, for a total of $24,700. Mr. Hicks recommends adding this to the 2008-09 Budget, rebidding the project and possibly adding left turn signals from Wassona Circle and Johnson Road. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this project will be re-bid and added to next years budget.

CHIPPING BRUSH: Mr. Hendrick stated that it would be more environmentally feasible to chip and mulch brush that the Town Shop crew collects.

RECOGNITION OF TOWN EMPLOYEES: Mr. Hendrick commended employees on jobs well done per letters that were received by citizens.

MAIN STREET TREES: Mr. Heath stated that he had received a quote to remove and trim trees on Main Street. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Building and Grounds Committee for study to decide if this is the correct time of year to trim and cut trees.

FARMERS MARKET: Mr. Heath reported that May 10^th was the opening day for the Market in Marion. The Farmers Market should be a great success.

WTP DEDICATION: Mayor Helms stated that the dedication ceremony went well, but the attendance was low.

YOUTH GOVERNMENT DAY: Mayor Helms reported that the day was a great success with a very nice group of young people in attendance.

MEMORIAL DAY PARADE: Mayor Helms informed Council of the Memorial Day Parade to be held at 10:00 a.m. on Monday, May 26, 2008 with a program and lunch to follow at the VFW.

TOWN SECTION MEETING: The Town Section meeting will be held Thursday, May 29^th in Wytheville.

WTP CLASS II OPERATOR: Mr. Clark stated that WTP employee, Don Henderlite has attained his Class II Operators License.

SEPTIC HAULERS: Mr. Fenyk informed Council that the Septic Haulers have paid according to their agreements.

CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711(A7) Legal Advise and upon motion of Mr. Hendrick, seconded by Heath and vote of 7 AYES and 0 NOES, Town Council entered in to Closed Session for the purpose of discussing Legal Issues. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed in Closed Session. The motion was seconded by Mr. Heath and carried by a vote of 7 AYES and 0 NOES. The Deputy Clerk polled the Council Members. Messrs Heath, Warren, Clay, Leaman, Hendrick, Mrs. Jennings and Dr. Gates voted affirmatively.

J C FRANKS DRAINAGE CASE: Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Council approved VML recommendation to settle the case between Mr. Franks and the Town of Marion for the sum of $11,500.00 with the stipulation that Mr. Franks sign a legal document releasing the Town of any future litigation pertaining to the storm drain system on his property.

CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711(A1) Personnel and upon motion of Mr. Hendrick, seconded by Mrs. Jennings and vote of 6 AYES, 0 NOES and 1 ABSTENTION(Heath), Town Council entered in to Closed Session for the purpose of discussing Personnel Issues.

Mr. Heath was excused.

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. Mrs. Jennings seconded the motion. Council approved the same by vote of 6 AYES and 0 NOES. The Deputy Clerk polled the Council Members. Messrs Clay, Warren, Leaman, Hendrick, Mrs. Jennings and Dr. Gates voted affirmatively.

Mr. Heath returned.

CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711(A7) Legal Advise and upon motion of Mr. Hendrick, seconded by Mr. Heath and a vote of 7 AYES and 0 NOES, Town Council entered in to Closed Session for the purpose of discussing Legal 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 Closed Session. Mrs. Jennings seconded the motion. Council approved the same by vote of 7 AYES and 0 NOES. The Deputy Clerk polled the Council Members. Messrs Clay, Warren, Leaman, Hendrick, Heath, Mrs. Jennings and Dr. Gates voted affirmatively.

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

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Mayor Deputy Clerk