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 July 7, 2008 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Dr. James Gates, Mel Leaman, Ken Heath, Mark Warren, Bill Weaver, Jane Hale, and Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; and Town Clerk/Director of Finance Dixie Sheets.

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

VISITORS: Cody Oakes, Greg Berry, Lach Frye, Eddie Gross, Matthew McGuire, Danny Hanshew, Christine Wood, Allen Wood, Warren Hollyfield, Thomas Hollyfield, Tina Hollyfield, Ally Hollyfield, Brandy Bise, Mallory Jones, Joe Ellis, Dave Fields, Phillip Martin, Jeff Spickard, J. S. Staley, Jr., Herbert Clay, Jeff West

NEW TOWN COUNCIL MEMBERS: Mayor Helms welcomed new Town Council Members Jane Hale and Bill Weaver.

MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Weaver, and vote of 7 AYES and 0 NOES, the minutes of the regular Town Council Meeting, conducted on 6/16/08 were approved as written and distributed. Messrs Leaman, Heath, Warren, Weaver, Dr. Gates, Mrs. Hale and Mrs. Jennings voted affirmatively.

Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of a Special Called Town Council Meeting, conducted on June 30, 2008 to close fiscal year matters, were approved as written and distributed. Messrs Leaman, Heath, Warren, Weaver, Dr. Gates, Mrs. Hale and Mrs. Jennings voted affirmatively

COMCAST CABLE FRANCHISE ORDINANCE PUBLIC HEARING: Mayor Helms opened the Public Hearing. Philip Martin, of Water Mill Road, requested that during negotiations, the Town require the cable company to offer unbundled services so that the buyer may select the channels they want. No other public comment was received. Mayor Helms closed the Public Hearing. Upon motion of Mr. Leaman, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, the Comcast Cable Franchise Ordinance was continued. Messrs Leaman, Heath, Warren, Weaver, Dr. Gates, Mrs. Jennings and Mrs. Hale voted affirmatively.

APPOINTMENT OF TOWN OFFICIALS: Mayor Helms stated that four (4) Town officials are slated to be appointed. He asked citizens in attendance for any comments on these positions to be considered for appointment.

Mr. J. S. Staley, Jr. addressed Council concerning the appointment of Police Chief Michael Roberts. Mr. Staley stated that he had mailed a letter to each of the members of Town Council. He advised that the letter stated his opposition to the re-appointment of Police Chief Michael Roberts. He added that his reasons were listed in the letter. Mr. Staley stated that he had previously expressed his concern about the leadership of the Police Department and the abysmal morale within the Police Department to members of Town Council. He had hoped not to have to go public with his concerns.

Herbert Clay, former Councilman and Assistant Commonwealth’s Attorney also spoke in opposition of the re-appointment of Chief Roberts. He stated that he worked closely with the Police Department. He noted that his concerns go from officers being late for court, tired officers, shoddy investigations, to only one officer responding to calls. He considered this very dangerous for the officers. He advised that he had made his concerns known to Council members on numerous occasions. Council members and the Mayor were perplexed that Mr. Clay did not address his concerns with Closed Session to discuss personnel or to request a Police Committee meeting. Mayor Helms stated that he addressed Mr. Clay’s concerns directly with the Chief.

Mrs. Jennings stated that she had numerous complaints concerning the Chief and Police Department. However, she added that she cannot prove the allegations as true or false but had reported them to Council members and the Mayor. She stated that until further investigation, she could not vote to re-appoint Chief Roberts.

Christine Wood, 322 Wolfe Avenue stated that she felt the Police Department harass the youth of the Town. She added that her 12 year old son had been banned from riding his skateboard on the Riverwalk by an officer. She further stated that she worked at a local convenience store, Cargo, and alleged that uniformed officers have purchased alcohol from her while on duty. She also stated that, again at work, she had seen uniformed officers allow an intoxicated customer to get in his car and leave without paying for his gas. This, was alleged to have occurred after the Police were called for the non-payment of gas and his threatening of the store clerks.

Mr. Leaman stated that he and Mr. Staley had discussed his concerns. He stated that he trusts the Police Committee on this matter. He noted that he is aware that some of the officers are unhappy with the shifts. He added that all calls go to Central Dispatch and it depends on which officers are available at the time. The dispatchers send whoever can arrive on scene the fastest.

Mr. Warren stated that he agreed with other members of Town Council and that he appreciated Mr. Staley’s letter, however, some of the allegations cannot be substantiated. He noted that Chief Roberts has a long and untarnished career with the Town of Marion and that the issues will be addressed.

Mr. Weaver stated that once issues have been raised there should be an investigation conducted. He added that since he had no history with the Chief of Police, he would abstain from the vote. Mrs. Hale stated likewise.

Mr. Heath asked if it was possible to investigate these allegations prior to the appointment of the Chief. He stated that he had reviewed Chief Roberts’ personnel file and that there is nothing to indicate any problems. However, the community and some officers have said otherwise. No evidence has been produced to substantiate these allegations. Dr. Gates informed Mr. Heath that all appointees serve at the pleasure of Town Council.

APPOINTMENT OF TOWN CLERK/DIRECTOR OF FINANCE: Upon motion of Mrs. Jennings, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Dixie O. Sheets was appointed Town Clerk/Director of Finance. Messrs Leaman, Heath, Warren, Weaver, Dr. Gates, Mrs. Jennings and Mrs. Hale voted affirmatively.

APPOINTMENT OF POLICE CHIEF: Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 4 AYES, 1 NOE (Jennings) and 2 ABSTENTIONS (Hale, Weaver), Michael Roberts was reappointed as Police Chief.

APPOINTMENT OF TOWN MANAGER: Upon motion of Mr. Heath, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, John E. B. Clark, Jr., was appointed as Town Manager. Messrs Leaman, Heath, Warren, Weaver, Dr. Gates, Mrs. Jennings and Mrs. Hale voted affirmatively.

APPOINTMENT OF ASSISTANT TOWN MANAGER/TOWN ENGINEER: Upon motion of Mr. Warren, seconded by Mrs. Jennings, and vote 7 AYES and 0 NOES, Cecil Hicks was appointed as Assistant Town Manager/Town Engineer. Messrs Leaman, Heath, Warren, Weaver, Dr. Gates, Mrs. Jennings and Mrs. Hale voted affirmatively.

APPOINTMENT TO LINCOLN THEATRE BOARD OF DIRECTORS: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.

IMPLEMENTATION PLAN FOR GO GREEN VIRGINIA: Mr. Heath moved that the Town of Marion participate in the Go Green Program. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

PROPOSALS ON WEB SITE-UPDATE/MAINTENANCE: Cecil Hicks stated that proposals have been received. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this item was referred to the Technology Committee, Todd Long and Chris King for review and recommendation.

REPORT ON PLANS FOR THE 1908 SCHOOL HOUSE STUDY: Mr. Heath noted that a meeting concerning this item will be conducted at 1 pm on 7/9/08. This item was continued.

ADOPTION OF CHANGES IN THE CODE OF VIRGINIA, AS AMENDED, BY REFERENCE: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the changes in the Code of Virginia 1950, as amended were adopted by reference. Messrs Heath, Leaman, Warren, Weaver, Dr. Gates, Mrs. Hale and Mrs. Jennings voted affirmatively.

APPOINTMENT OF VICE-MAYOR AND TOWN COUNCIL COMMITTEES: Mayor Helms presented a list of Council Committee Appointments for review. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Committee Appointments were accepted.

MARION TOWN COUNCIL COMMITTEE APPOINTMENTS

JULY 1, 2008 TO JUNE 30, 2010

Pursuant to the Code of the Town of Marion, Virginia, Section 2-36, the following committees are hereby appointed:

Audit and Finance......................................................... Gates, Chairman; Leaman

Building & Real Estate.............................................. Warren, Chairman; Weaver

Cemetery............................................................................. Heath Chairman; Hale

Equipment................................................................... Warren, Chairman; Leaman

Fire Department............................................................ Gates, Chairman; Weaver

District III Gov. Coop....................................................... Hale, Heath (Alternate)

Insurance..................................................................... Heath, Chairman; Jennings

Street Lights............................................................. Jennings, Chairman; Warren

Mt. Rogers Planning Comm. Board.............................................................. Gates

Ordinance.................................................................. Jennings, Chairman; Warren

Personnel.................................................................. Jennings, Chairman; Weaver

Police .............................................................................. Helms, Chairman; Gates

Town Planning Commission........................................................................ Leaman

Recreation.......................................................................... Gates, Chairman; Hale

Sanitation......................................................................... Warren, Chairman; Hale

Streets & Traffic.......................................................... Leaman, Chairman; Heath

Technology................................................................. Leaman, Chairman; Weaver

Tourism......................................................................... Heath, Chairman; Weaver

Town Uplift...................................................... Jennings, Chairman; Clark, Helms

TV Cable....................................................................... Leaman, Chairman; Heath

Water ................................................................................. Gates, Chairman; Hale

Legislation................................................................ Leaman, Chairman; Jennings

APPOINTMENT OF VICE-MAYOR: Mayor Helms noted that it is customary to select the senior Council Member as Vice-Mayor. He, therefore, nominated Dr. Gates as Vice-Mayor. Upon motion of Mr. Heath, seconded by Mr. Weaver and vote of 6 AYES and 1 ABSTENTION (Dr. Gates), Dr. Gates was elected Vice-Mayor.

REQUEST FROM JEFF WEST ON SKATEBOARD PARK: Jeff West, Marion Manor Drive, was present to request consideration for a Skateboard Park. According to Mr. West, there are no designated areas where the youth are allowed to ride their skateboards. He stated that skateboarding has gained in popularity and is a positive sport for area youth to participate in. He stated that he had researched the internet and that modular skate parks are available for as low as $30,000. He cited several areas in Town where a skate park can be situated. Two such sites are the Town tennis courts. Mr. West felt that these sites are under-used and would serve as excellent sites for skate parks. Mr. Heath added that Glenda Richardson has an interest in this project and is already working on this. Mr. Heath suggested that a group of interested individuals get together and develop a business plan. Mayor Helms assigned this task to Mr. Heath and the Recreation Committee. Mr. Joe Ellis informed Mr. West that fund raising is an important part of getting a project like the skateboard park off to a start. He invited him to visit the Lincoln Theatre to see what fundraising and sponsorships have accomplished there.

OLD SCHOOL HOUSE: Joe Ellis reiterated that with the old school house there are revenue opportunities. He stated that Abingdon has recently received a grant for a Visitors Center. He added that with the ‘Round the Mountain Project there is an opportunity to teach music and heritage crafts, involving local and other artisans. The idea is to bring tour buses and more foot traffic to downtown.

SANITATION – REQUEST FOR SEWER TAP – TERESA & STAN BYSTEK ON SNIDER BRANCH ROAD: Mr. Hicks stated that he had spoken with the County concerning the Bystek request. He was informed that the County Sanitation Committee is yet to meet on this matter, but was encouraged that they may honor the agreement. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

SANITATION – REQUEST FROM SMYTH COUNTY WATER DEPARTMENT – COUNTY SEWER CUSTOMERS: Upon recommendation of the Sanitation Committee and motion of Mr. Leaman, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the Council chose not to adopt the County policy to require all rental property owners to be the account owners for water and sewer bills. The Town of Marion will continue to bill those customers who are Town water customers and County sewer customers as initially agreed upon.

SANITATION – TOWN BRUSH PILE: Upon recommendation of the Sanitation Committee and motion of Mr. Leaman, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the Town Council voted not to open the Town’s brush pile to Town citizens and better supervise what the Town dumps there. It was noted that a good start to the Go Green Program is to mulch the brush dumped there.

DOWNTOWN DAYS FESTIVAL: Mr. Heath reminded Council that the Downtown Days Festival will be held on July 18-19-20. Again this year, it will coincide with the Hungry Mother Arts and Crafts Festival. Friday night, July 18, is the 22^nd Annual Marion Downtown Chili Championship, “Show ‘n Shine” car, truck and motorcycle show and Street Dance. On Saturday, July 19, the Town will sponsor an “Outdoor Expo”, sidewalk sale and Farmer’s Market. A Teen Block Party will be held on Broad Street from 6 pm until 10 pm. Free Buses will be available to transport citizens to the Hungry Mother Arts and Crafts Festival.

MARION VDOT PROPERTY: A meeting is scheduled for Friday, July 11 at 1:30 at the Abingdon residency to discuss this project.

RESOLUTION – IN HONOR OF JAMES RAYMOND PLUMMER: Mr. Heath informed Town Council of the passing of James Raymond Plummer. Mr. Plummer graduated from Marion Senior High School and East Tennessee State University, before being hired by the New York Mets. He began his career with the Mets at an early age as a bat boy. On several occasions, Mr. Plummer arranged for the MSHS Band to perform the National Anthem at Shea Stadium, acknowledging Marion as his hometown. Upon motion of Mr. Heath, seconded by Mrs. Hale and vote of 7 AYES and 0 NOES, the following resolution was adopted:

RESOLUTION

A RESOLUTION IN HONOR OF JAMES RAYMOND PLUMMER

FOR LIFELONG SERVICE AND FRIENDSHIP TO THE TOWN OF MARION

WHEREAS, James Raymond Plummer, a Marion native, began his career as a batboy for the Class A Marion Mets in 1965; and

WHEREAS, James Raymond Plummer; became the team’s General Manager at age 18 and moved to New York and Shea Stadium in 1976; and

WHEREAS, James Raymond Plummer was serving as Director of Corporate Sales for the Mets at the time of his death; and

WHEREAS, James Raymond Plummer was a pioneer in his own right – serving as the first and youngest minority general manager for a Minor League team; and

WHEREAS, James Raymond Plummer always remained a faithful son of the Town of Marion, proudly touting Marion as his “hometown”; and

WHEREAS, James Raymond Plummer was instrumental in shaping the careers of many young men, including playing a role in signing Billy Wagner after the 2005 season; and

WHEREAS, James Raymond Plummer was honored with a moment of silence at the Mets/Mariners game on June 24^th, and was eulogized by legends of baseball and sports broadcasting alike; and

WHEREAS, James Raymond Plummer passed away Tuesday, June 24^th, 2008, and is survived by his wife Tee, and son Jonathan.

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Marion in Regular Session assembled 07 July 2008, that the Town hereby officially honors James Raymond Plummer for his lifelong service to our town, and offers our heartfelt sympathy and prayers to his family and co-workers during this difficult time.

RESOLVED, this 7^th day of July, 2008.

SIGNED: ATTEST:

___________________________ ______________________________

David P. Helms, Mayor Dixie O. Sheets, Town Clerk

AIR NATIONAL GUARD BAND: Mayor Helms stated that this program, held at the Lincoln Theatre, has received great reviews. The program was the Town’s portion of the Smyth County Celebration.

RELAY FOR LIFE-GREG’S TEAM: Mr. Helms announced that the Town Team raised $2,463.95 for Relay for Life.

CHILI TEAM: The Town of Marion will enter a Chili Team in the Downtown Days Competition on July 18.

MARION JUNIOR TOWN COUNCIL: Mayor Helms asked that Mr. Heath contact MSHS Principal Danny Newman concerning the proposed Marion Junior Town Council.

CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711 (A) (5) and upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss an industrial prospect at the former Pepsi Building. Mrs. Jennings moved that Town Council return to Open Session and that it be known that only those matters legally exempted and identified in the motion were discussed during Closed Session. Mr. Heath seconded the motion. Dr. Gates, Mrs. Jennings, Mrs. Hale, Messrs Heath, Leaman, Weaver, and Warren voted affirmatively.

FIRE CHIEF: Mayor Helms informed Town Council that Jim May recently resigned as Fire Chief. He will remain on the MVFD as a member. Billy J. Hamm has been elected new Fire Chief.

JOINT PUBLIC HEARING FOR COMMUNITY DEVELOPMENT AUTHORITY: Mr. Helms advised that the Joint Public Hearing for the proposed Community Development Authority will be conducted on July 24, 2008 at 7:30 pm at the Smyth County Board of Supervisors Building, 121 Bagley Circle.

FENYK SERVICE: Mayor Helms announced that visitation for Sharon Fenyk will be held at Seaver-Brown Funeral Service on Tuesday, July 8, 2008 from 7-9 pm. Funeral Services will be conducted on Wednesday, July 9, 2008 at 11:00 am at the First United Methodist Church in Marion. Mrs. Fenyk is the wife of Town Attorney Mark B. Fenyk. She is also survived by her daughter, Faith. The Town Council expressed their deepest sympathy to the Fenyk family.

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

_________________________________ ________________________________

Mayor Clerk