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 June 16, 2008 at 7:00 p.m.

PRESENT: Mayor David P. Helms; W. E. Hendrick, Mel Leaman, 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; Police Sgt. Steve Widner; Purchasing Agent B. J. Hamm; Town Attorney Mark Fenyk; Town Clerk Dixie Sheets.

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

VISITORS: Fallon Hale, Carolyn Russell, Brooke Widner, Lisa Widner, Herb Hale, Samantha Hale, Ashley Russell, Betty Russell, Phil Martin, Ronnie Harrington, Derek Orr, Letetia Hendrick, Herbert Johnson, Emma L. Johnson, Jeff Spickard, Barbara Weaver, Lynda Helton, Billy Buchanan, J. L. Warren, Tom Whitehurst, Sara Kegley and Council Members Elect Jane Hale and Bill Weaver.

MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the Town Council meeting held 6/2/08 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

VFW OFFICER OF THE YEAR AWARD: VFW 4667 Commander Herbert Johnson presented Marion Police Sgt. Steve Widener with the Virginia VFW Officer of the Year Award for heroism beyond the call of duty.

SWEARING IN OF TOWN COUNCIL MEMBERS: Smyth County Clerk of Circuit Court, J. L. Warren, was present to administer the oath of office to Jane Hale, Bill Weaver, and Dr. James Gates. He also swore in Mayor David P. Helms.

PUBLIC HEARING – PROPOSED BUDGET FY 2008-2009: The proposed Town of Marion 2008-2009 Annual Budget was presented in the amount of $8,247,301. This includes an increase to water and sewer rates in the amount of 10%. The increase is considered due to the rising costs of producing potable water and sewage treatment and continuous upgrade and replacement of old water and sewer lines. Mayor Helms opened the public hearing.

Tom Whitehurst, Linda Helton and Billy Buchanan spoke in support of the Lincoln Theatre and Song of the Mountains. They cited that these entities bring people into Marion and produce quality indoor, affordable entertainment and are far reaching with their PBS programming. Mr. Whitehurst added that the guest register at this business represents the fact that visitors come from far and wide to attend the Song of the Mountains.

Ronnie Harrington and Derek Orr spoke in support of the Smyth County Historical Society and Museum. Mr. Harrington stated that the Historical Society and Museum teach local children about art, storytelling, Native American history, Appalachian Day & Discovery Day at Marion Primary School. They also hosted the Marion College reunion hosted every three (3) years. Derek Orr stated that with accumulated volunteer hours, the Museum has over $100,000 invested in the site. He noted that the Museum is now located in Staley-Collins House, a gift from the Collins family. The Board members hope to install heat and air-conditioning in the house to assist in preserving the quality of the museum and artifacts. Mr. Harrington noted that the Board has raised $2,800 to repair the porch by sponsoring the Christmas Tour of Homes, bake and yard sales.

Mrs. Jennings asked where the other museum items are stored. Mr. Harrington replied that some are stored in the Center Building, courtesy of the Graham Family, and the remainder is stored in the attic of the Staley-Collins house. Most of the military items are displayed at the Museum of the Middle Appalachians.

With no further public comment, Mayor Helms closed the public hearing. He thanked those residents and business owners present to present their views.

Dr. Gates stated that funding for the Lincoln Theatre is stable. Most items were cut 10%.

Mr. Heath urged Council to revisit Song of the Mountains request. Song of the Mountains brings in folks from everywhere. Besides attending the Song of the Mountains, these visitors shop, eat and require lodging. Mayor Helms added that “it’s working”. Among those in attendance at the Song of the Mountains, 75% or more are from out of town. Other members of Council remembered that when the first request was made three (3) years ago, it was to be a one (1) time commitment from the Town. Mr. Heath moved that the budget appropriation for Song of the Mountains be increased to $12,000. Mr. Leaman seconded the motion. Discussion ensued. The motion was defeated by a vote of 2 AYES (Hendrick, Heath) and 6 NOES. Mr. Leaman reminded Council that Council may adjust amounts prior to adoption on June 30, 2008. Mr. Leaman moved that the budget appropriation for Song of the Mountains be raised to $8,000. Mr. Warren seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Clay, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

RESOLUTION-GOVERNOR KAINE’S TRANSPORTATION PLAN: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the following Resolution was adopted.

WHEREAS, the package of transportation taxes and fees enacted by the 2007 Session of the General Assembly to address statewide maintenance and regional transportation needs failed because the Virginia Supreme Court invalidated the Northern Virginia regional fees and because the 2008 General Assembly repealed the abusive driver fee program; and,

WHEREAS, the Commonwealth Transportation Board is ready to approve a $1.1 billion reduction in the official six-year forecast, forcing a 44 percent cut in primary, urban roads and secondary roads construction; and,

WHEREAS, the Virginia Municipal League has advocated for a transportation funding model that is adequate, sustainable, and dedicated with non-general funds to support Virginia’s transportation network; and,

WHEREAS, Governor Timothy M. Kaine has called the General Assembly into special session on June 23, 2008, to address these funding matters.

NOW, THEREFORE, BE IT RESOLVED that the Marion Town Council does hereby support efforts of the Governor and the General Assembly to act swiftly and decisively to approve legislation that will address the transportation funding crisis at the statewide, regional and local levels.

BE IT FURTHER RESOLVED that such legislation should recognize that it is the Commonwealth’s responsibility to impose the new taxes and fees; that the funding purposes must be restricted to ensuring safe roads, relieving traffic congestion, maintaining and increasing transit investments, and promoting economic development throughout the state.

Adopted this 16 day of June 2008.

__________________________________ Attest: ___________________________

David P. Helms, Mayor Dixie O. Sheets, Clerk of Council

GO GREEN PLAN OF ACTION –COUNCILMAN HEATH: Councilman Heath presented suggestions that the Town may consider to reduce our energy usage. They are:

1) Cut off computer and peripheries when not in use – especially at the end of the workday; 2) Eliminate “ghost power drains”; 3) Turn off lights when leaving a room; 4) Adjust thermostats to 58 in winter and 74 in summer; 5) Seal all weather gaps – either use window ventilation or a/c – not both; 6) Eliminate idling of vehicles; 7) Recycle aluminum, paper, plastics; 8) Replace bulbs with more efficient ones; 9) Replace traffic bulbs with LED – covered by VDOT funds; 10) Reduce copies and waste – email council packets, utilize laptops (save on paper, ink, delivery fuel and time); 11) Reduce overall fuel consumption. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

BIDS ON TOWN HALL PAINTING: Mr. Hamm reported that only one bid was received to paint the exterior of the Municipal Building, the handrails on the steps and all iron fence in the back parking lot and west side sidewalk. The lone bidder was McClure Construction from Marion, VA in the amount of $16,200. It was noted that there is $7,000 in the budget for FY 2007-2008 and $12,000 in the FY 2008-2009 budget. Mr. Warren moved the bid from McClure Construction be accepted and that painting of the exterior of the Municipal Building be spread over two (2) fiscal years. Mrs. Jennings seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Warren, Clay, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

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 $679,383.69. Mr. Heath abstained from # 24, 31, and 118. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

INVESTMENTS: Upon motion of Mr. Clay, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Hendrick, Heath, Leaman, Clay, Warren Dr. Gates and Mrs. Jennings voted affirmatively.

FAIR HOUSING RESOLUTION: Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the following Resolution was presented and approved by Town Council.

RESOLUTION

WHEREAS, the Congress has enacted the Federal Fair Housing Act of 1968 as amended; and

WHEREAS, federal and state law provide equal housing opportunity for all citizens regardless of race, color, religion, national origin, sex, age, familial status, or disability; and

WHEREAS, the Town of Marion, Virginia has provided programs to assist the development of decent, affordable housing for citizens of all incomes.

NOW THEREFORE, We, Marion Town Council, do endorse the concept of Fair Housing and call upon the citizens of Marion and government officials along with those in the banking and housing industries to join and work together in this observance for equal housing treatment for all.

________________________________ ______________________________

Mayor Manager

POLICE RETIREMENT & RECRUITMENT-POLICE CHIEF: Chief Roberts reported that two (2) veteran officers, Sgt. Steve Farris and Lt. Darrell Hayden have notified the Town that they will retire from service on September 1, 2008. Chief Roberts requested permission to proceed with recruitment of two (2) officers. Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, permission to begin recruitment of police officers was granted. Messrs Hendrick, Heath, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.

REQUEST FROM ERNIE SULLINS: Mr. Sullins informed Town Council that he and his partners are establishing a new business, First Fruits Beverage Company, LLC in the former Pepsi Building located at 211 Washington Avenue. The business expects to use 4.5 million gallons of water the first year and increase each year. Mr. Sullins noted that upon opening the business hopes to employ about 20 people. He requested a 50% reduction on BPOL & water credit for the first 5 years. After that, he requested to establish a declining percentage for the next few years. Finally, he requested a minimum sewer bill since the product would be bottled and shipped away. Mr. Clark stated that this matter will be handled the same as some industries and schools.

RFP FOR WEB DESIGNER: Requests for proposal for the redesign of the Town’s current Internet Web Sites have been advertised and will be submitted to Todd Long on or before 4:00 pm on June 30, 2008.

TOWN/COUNTY QUARTERLY MEETING: The Town of Marion will host the Town/County Quarterly Meeting on June 24 at 6 p.m. at the General Francis Marion Hotel in Downtown Marion.

REPAIRS ON ULTRAVIOLET LIGHTS AT THE SEWER PLANT: Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.

WATER PLANT BRUSH PILE: Mr. Phil Martin informed Council that when the brush pile is burned the odor lingers even two (2) weeks later. He suggested that the burns be scheduled in the winter months when the residents have their windows closed and are not outside as in the spring and summer. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this item was continued.

BUILDING AND GROUNDS – WTP PASTURE LAND, REQUEST FOR TEMPORARY USE OF THE SOUTH END ON THE PUBLIC PARKING LOT: The Committee recommended and Mr. Warren moved that the lease on the pasture land be extended from three (3) years to five (5) years and that livestock be allowed on the property. Mrs. Jennings seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.

BUILDING AND GROUNDS-GUARDIAN ANGEL FAITH ACTION-REQUEST FOR OFFICE SPACE: Mr. Warren advised that this request has been discussed with Senior Citizen Director Mindy Dyer. She plans to use this space for programs for the seniors. Therefore, the request from Guardian Angel Faith Action for office space was denied. The Council extended their best wishes to the Guardian Angel Faith Action.

USE OF TOWN PARKING LOT ON NORTH MAIN STREET: Mr. Clark informed Council of a request to use the Town parking lot for their SnoShack business. Nate and Amanda Slemp plan to operate a SnoShack business on the portion of the lot which is owned by Hungate Business Services. The Slemps have permission from Mr. Hungate to operate their business. Mr. Fenyk advised that for the Slemps to lease or rent the property, the Town would have to declare the parking lot surplus and be offered for bid to anyone. However, as it remains a public parking area, their customers would have a right to park there.

SANITATION-REQUEST FOR SEWER TAP-TERESA & STAN BYSTEK ON SNIDER BRANCH ROAD: Upon motion of Mr. Warren, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this item was continued.

SANITATION-BUSHES AT TOWN HALL: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.

SANITATION – REQUEST FOR NEW SEWER LINE: Mr. Hicks stated that Dr. Ceballos and Martha Copenhaver requested that the Town meet a new sewer line that would replace an existing, collapsed line on Erwin Lane. Mr. Hicks advised that the request exceeds what the Town policy allows the Town to do. However, there are two options that Dr. Ceballos and Mrs. Copenhaver would have to decide upon: 1) Build the line to state specifications and the Town take over the line; or 2) Replace the existing line and tie into the original line. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the request was refused and the property owner would be required to pay for the line. Mr. Hicks will inform Dr. Ceballos and Mrs. Copenhaver.

COUNCILMAN CLAY: Mr. Clay expressed a sincere “Thank you” to the Town Council, staff and citizens of Marion for allowing him to serve. Council members extended their best wishes to Mr. Clay, whose term of office will expire on June 30, 2008.

CHILHOWIE STREET COMPLAINT – MANHOLES: Mrs. Jennings advised Town Council of several complaints that she had received on the condition of Chilhowie Street. She stated that while she is aware that the manholes were raised in preparation for paving, this makes driving on the street rough and dangerous. Mr. Clark stated that the street has been in this condition for three (3) weeks and that paving has begun and he expects the situation to be remedied very soon.

COUNCILMAN HENDRICK: Mr. Hendrick elected not to seek another term on Town Council. He expressed his appreciation for the 16 years he proudly served as Town Council Member and Vice-Mayor. He looked back on some of the accomplishments made during his tenure in officer. They include new recreational parks (Riverbend and Calhoun) , renovation of the Municipal Building, replacement of 3 bridges (Marshall Guy Bridge on North Church Street, Lee Street Bridge, Chilhowie Street Bridge), widening of Lee Street, new fire fighting equipment and trucks, and construction of a new fire station. Council members extended their best wishes to Mr. Hendrick, whose term of office will expire on June 30, 2008.

OLD 1908 SCHOOL HOUSE: Mr. Heath advised that meetings will be conducted at 4 pm and 7 pm on June 17, 2008, at the Municipal Building, to discuss the plans for the old school house property.

JULY 4^TH CELEBRATION: Mr. Heath stated that music for the celebration will be provided by “Rolling Thunder”.

DOWNTOWN FESTIVAL: This year Marion Downtown has decided to have a Street Dance, Car Show and Chili Cook-off on Friday, July 18 with an Outdoor Expo on Saturday, July 19. Food vendors will be located on Court Street. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Heath), street closures were approved as requested.

CLOSED SESSION REQUEST: Mr. Leaman requested a Closed Session under Code of Virginia 1950, as Amended, Section 2.2-3711 (A4) to discuss a Personnel matter.

SHOP AT HOME: Mr. Heath noted plans to record public service announcements to encourage citizens to shop at home.

COMCAST CABLE FRANCHISE ORDINANCE: Mr. Leaman moved that a public hearing be scheduled for July 7, 2008 at 7:00 p.m., to receive public comment on the Comcast Cable TV Franchise Ordinance. The public hearing will be conducted in the Council Chambers of the Municipal Building. The motion was seconded by Dr. Gates and carried unanimously.

FARMER’S MARKET & ROOF AT SENIOR CITIZEN CENTER: Mr. Warren asked if negotiations with the contractor on these projects have been completed. Mr. Heath stated that the materials for the Farmer’s Market are on order and the project will be completed within the 45 day requested time limit. Further, the roof replacement at the Senior Citizen Center is already underway.

VFW AWARD: Mayor Helms informed Council that he and Mr. Clark attended the Virginia VFW Awards Banquet at which Sgt. Steve Widner was honored as VFW Police Officer of the Year.

RELAY FOR LIFE: Mr. Helms noted the Town’s involvement in Relay for Life. The Town raised approximately $2,400. A total of approximately $91,000 was raised at the event.

GLADE SPRING HIGH SCHOOL CLASS OF 1958: The Glade Spring High School Class of 1958 celebrated their 50^th high school reunion recently. The festivities were held at the General Francis Marion Hotel with a special event at the Lincoln Theatre. Mayor Helms, a member of the Class of 1958, reported that the group was very complimentary of the Town and its facilities. They were, however, disappointed that the Fireman’s Jamboree was closed.

SMYTH COUNTY BOARD OF SUPERVISORS WATER AND SEWER DEPARTMENT REQUEST: Ms. Sheets informed Council that a request has been received from the County. The County has a new policy that requires the property owner to be the account holder and accountable for water and sewer bills. Approximately 460 Town of Marion water customers are County sewer customers. The Town Council has agreed that the Town will bill, collect, and remit the sewer charges for those customers on Town water. The County is now requesting that the Town apply their new policy to those county sewer customers on Town water. The Town has no such policy on its water customers. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this matter was referred to the Sanitation Committee.

ATTORNEY SEMINAR: Mr. Fenyk expressed his appreciation to be allowed to attend The Local Government Attorney Association seminar in Marion. The group was most complimentary of the Town and its facilities. Mr. Fenyk asked that the Town draft a letter thanking the Attorney’s Association for choosing Marion as a site for the seminar and invite them back for other programs.

SEPTIC TANK HAULERS: Mr. Fenyk reported that Attorney Mike Untiedt has requested a letter from him that the septic tank haulers delinquent accounts have been settled. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Mr. Fenyk was authorized to write the letter.

MILLING MATERIALS: It was noted that milling materials are being stock-piled on Monte Vista Drive. These will be spread on Kingswood St, Monte Vista Drive, Henry Street Extension and at the Civitan Club.

PETITIONS FOR COMMUNITY DEVELOPMENT AUTHORITY: Mr. Clark announced that the Joint Public Hearing for the Creation of a Community Development Authority (CDA) will be conducted on July 24, 2008 at 7:30 pm in the Board Room of the Smyth County Office Building, 121 Bagley Circle, Marion, VA.

REVENUE SHARING AGREEMENT WITH SMYTH COUNTY: Mr. Clark reported that the Town and County are close to signing a Revenue Sharing Agreement on the Exit 47 project.

CLOSED SESSION – CODE OF VIRGINIA 1950, AS AMENDED, SECTION 2.2-3711 (A7) & (A4), and upon motion of Mr. Hendrick, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, Council entered into Closed Session for discussions with the Town Attorney on legal matters with the situation on Courthouse Renovation and a personnel matter. Upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council returned to Open Session, stating that no business other than those matters identified in the motion were discussed during the Closed Session. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.

Mr. Leaman moved that effective, July 1, 2008, no town employee will be allowed to drive Town vehicles home. During emergency occurrences the Town Manager has discretion to allow an employee to take a vehicle home. He added that this action is an effort by the Town to save as much gas as possible. Mrs. Jennings seconded the motion. Council approved the same by a vote of 6 AYES and 1 NOE (Hendrick).

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

____________________________________ __________________________________

Mayor Clerk