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 August 4, 2008 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Mel Leaman, Ken Heath, Mark Warren, Bill Weaver, Dr. James Gates, Jane Hale and Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Police Sgt. Shawn Conklin; 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: Mike Albano, Jeff Spickard, Phil Martin, Darrell Stapleton

MINUTES: Upon motion of Mr. Heath, seconded by Mr. Weaver and vote of 7 AYES and 0 NOES, the minutes of the regular Town Council meeting, conducted on July 21, 2008, were approved as written and distributed. Mrs. Hale, Mrs. Jennings, Dr. Gates, Messrs Leaman, Heath, Weaver, and Warren voted affirmatively.

MINUTES OF A JOINT PUBLIC HEARING WITH SMYTH COUNTY: Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of a Joint Public Hearing with Smyth County Board of Supervisors, conducted on July 24, 2008, to discuss the creation of a Community Development Authority, was approved as written and distributed. Mrs. Hale, Mrs. Jennings, Dr. Gates, Messrs Leaman, Heath, Weaver and Warren voted affirmatively.

RESOLUTION CREATION OF A COMMUNITY DEVELOPMENT AUTHORITY (CDA): Mr. Fenyk advised that, according to Smyth County, all property owners have waived their right to object to the creation of the CDA and the 30 day waiting period. The Board of Supervisors plan to consider the CDA at the August 12 meeting.

Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Resolution to Create a CDA was approved. Mrs. Hale, Mrs. Jennings, Dr. Gates, Messrs Leaman, Heath, Warren, and Weaver voted affirmatively.

Mr. Weaver asked if the CDA Board had already been determined. Mayor Helms explained that the resolution does not identify Board members. The Board members must be selected and agreed upon by both agencies.

REQUEST FOR SEWER SERVICE/BYSTEK: Mr. Hicks stated that Smyth County advised that the agreement for a sewer service hook-up will be granted and installation will be at the expense of the County.

REQUEST FOR PRIOR AUTHORIZATION FROM DHCD FOR OLD SCHOOL HOUSE: No response has been received. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Heath), this item was continued.

REQUEST FOR TEMPORARY CLOSURE OF A PORTION OF WEST MAIN STREET – SHANNON WILLIAMS: Mr. Clark advised that Shannon Williams has requested to close a portion of the residential section of West Main Street for a gathering to welcome the new Methodist Minister, Jonathan Jonas. The gathering will be held on August 5 from 7:00 pm until 8:30 pm. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Town Council granted the request to close a portion of West Main Street from 7:00 p.m. until 8:30 p.m. on August 5.

REPORT ON REPLACEMENT OF BAUGHMAN AVENUE BRIDGE: Thompson & Litton representative, Darrell Stapleton explained the proposed alternatives to rehabilitate the Baughman Avenue Bridge under the VDOT Revenue Sharing Project. The costs ranged from $504,131 (Plan A) for repair to bridge without entering the river, to $842,509 for a total bridge replacement. Stapleton stated that Alternative A would not require the Town to get into the river. The Town’s budget package includes $200,000 from VDOT, $200,000 from the Town. Additional money may be transferred from the unused paving and street light program to make up the difference at a 50%-50% match. When an Alternative is selected and the project plans are approved by VDOT it may be bid and hope that the construction could begin in February 2009. The project is expected to be a 6 month project with closure of the bridge for 2-3 months. The Finance Committee recommended and Mr. Leaman moved that Plan A be approved contingent that the State allows the Town to transfer unused funds from other projects. The motion was seconded by Mrs. Jennings and carried unanimously. Mrs. Hale, Mrs. Jennings, Dr. Gates and Messrs Leaman, Heath, Warren and Weaver voted affirmatively.

FINANCE COMMITTEE-MILEAGE REIMBURSEMENT: Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

WATER & FINANCE COMMITTEE-INDUSTRIAL WATER RATE: Mr. Clark explained the proposal of the creation of an industrial rate structure for usage of Town water. He based his proposal on $1 million, $2 million and $3 million usage. Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

TECHNOLOGY COMMITTEE-WEBSITE DESIGN: Mr. Leaman advised that the Technology Committee will meet on 8/7/08 at 5:15 p.m. Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.

RECREATION COMMITTEE-SKATE BOARD PARK: Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.

SANITATION COMMITTEE-REQUEST FOR SERVICE ON STAGE AND COACH STREETS- ROBIN COVERT: Mr. Warren explained that this project would serve seven (7) homes. Based upon a conservative estimate, the project cost would be approximately $100,000. Mr. Warren stated that funds are not budgeted for such a major project. Discussion ensued. Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the request was denied. Mrs. Hale, Mrs. Jennings, Dr. Gates, Messrs Leaman, Heath, Warren and Weaver voted affirmatively.

BUILDING & GROUNDS – SURPLUS PROPERTY: Mr. Warren moved that this matter be discussed in Closed Session. The motion was seconded by Mr. Heath and carried unanimously.

CDA: Mr. Phil Martin, Water Mill Road resident, stated that he is neither for nor against the project. He encouraged Council to consider the cash flow for this venture. He added that bonds will be sold to fund the project. These bonds will be purchased by people or corporations far away from Marion.

Dr. Gates explained to Mr. Martin that the CDA will have to assure the investors that the project is viable. Also, with more local shopping opportunities, members of the community will elect to stay in Marion and shop. He added that a lot of money currently goes out of Town.

REQUEST TO CONSIDER PARKING ALONG NORTH STREET: Mike Albano requested that Council allow parking along North Street from 8 am – 1 pm on Saturdays, from November to mid-February for Upward Basketball. He stated that the area becomes very congested when families bring their children to participate. The Upward Basketball project has 70-100 participants each week. Mr. Albano stated that the Upward Basketball sponsors plan to write or visit each resident in that area to be affected. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee for consideration and recommendation. Chief Roberts and Mr. Hicks were also requested to attend this meeting.

WATER STORAGE TANK REPAIRS: Mr. Jeff Spickard advised that the water storage tank repairs will begin near the end of August, 2008. This includes 2 Prater Tanks, the Atkins Tank and the Hot and Cold Water Tanks. Funding for this project is by using surplus money from the Water Treatment Plant Project.

VIRGINIA MAIN STREET TWO-DAY SEMINAR: Mr. Heath stated that Virginia Main Street Essentials Training will be conducted in Marion on September 17 & 18, 2008. The Marion Downtown Revitalization Association and the Virginia Main Street program requested that the Town of Marion partner with them by contributing matching funds of $2,000 to bring this workshop to Marion. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 6 AYES and 1 ABSTENTION (Heath), this request was referred to the Finance Committee for consideration.

ROCKY MT., VA: Mayor Helms sated that Rocky Mount has planned a retreat on November 15 & 16 in Marion. They have requested that someone meet with them concerning funding for the Lincoln Theatre.

DOWNTOWN FARMER’S MARKET: Mrs. Hale stated that the new structure for the Farmer’s Market is very nice and that it will be an asset to the Town.

GATE CITY: Mayor Helms stated that approximately 25 people from Gate City visited Marion and had a very good session at the General Francis Marion Hotel. They had lunch at Handsome Mollies and attended the Song of the Mountain performance. They were very complimentary of the Town.

TOWN & COUNTY BBQ: The Town and County BBQ will be held in Chilhowie on August 21 at 6 pm.

MUTUAL AID AGREEMENT: Mr. Fenyk advised that each year the local law enforcement agencies sign a Mutual Aid Agreement. All participating agencies must sign the document. According to Mr. Fenyk, Saltville did not sign the agreement. He stated that the new agreement, deleting Saltville as a participant, is available for approval. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the Mutual Aid Agreement was approved. Mrs. Hale, Mrs. Jennings, Dr. Gates, Messrs Leaman, Heath, Warren and Weaver voted affirmatively.

SANITATION PROBLEMS ON SOUTH MAIN STREET: Mr. Hicks informed Town Council that the storm drain behind the Police Department is clogged. The drainage comes out to the right-of-way and causes flooding on S. Main Street. Mr. Hicks advised that the pipe and manhole should be replaced. He stated that he has secured a bid from Teaters Trucking in the amount of $5,000. for equipment and labor. An additional fee of $6,200 for 200 ft of 6 inch corrugated pipe and a manhole will bring the cost to $11,200. Mr. Hicks added that he has already discussed the problem with Miles Dyer, of Norfolk & Southern Railroad, about the proposed project. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was approved. It was noted that the project is eligible for highway maintenance funds and that any and all changes must receive in-house approval.

PRE-TREATMENT COORDINATOR: Mr. Clark informed Town Council that the Pre-treatment Coordinator will be retiring in October. He requested to eliminate the position, request a new position at the Water Treatment Plant and advertise for the same. Mrs. Jennings stated that it had not been discussed with the Personnel Committee. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Mr. Clark’s request was granted pending approval by the Personnel Committee.

CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711 (A) (3), 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 condition and sale of surplus property. Mrs. Jennings moved that 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 during Closed Session. Mr. Heath seconded the motion. Council approved the same unanimously. Mrs. Hale, Mrs. Jennings, Dr. Gates, Messers Leaman, Heath, Warren, Weaver voted affirmatively.

POLICE DEPARTMENT: Mayor Helms commended Chief Roberts and the Marion Police Department for their successful investigations involving burglary, breaking and entering (leading to solving certain crimes in Smyth County), and murder.

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

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Mayor Clerk