PRESENT: Mayor Marshal Guy; S. S. Burkett; Sam Mutter, Mel Leaman, Eugene Hendrick, David Helms, James Gates, and Ralph Price; Town Manager Henry Booker; Town Engineer Cecil Hicks; Police Chief Charles Overbay; and Town Attorney Mark Fenyk.

INVOCATION: The invocation was rendered by Rev. Buddy Miller and Mayor Guy led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Helms, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the minutes of the meeting held 7/21/99 were approved as written and distributed.

Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the minutes of the meeting held 6/30/99 were approved as written and distributed.

VISITORS: Barbara Steele, Buddy Miller, Joann Groseclose, Ken Heath, Debbie Overbay, Dave Schwartz, Grey Rashad, Judge Charles Lincoln, Roger Cooper, Joseph Ahler, Scott Oakes.

PETITION FOR STREET REPAIR - MONTE VISTA DRIVE: Upon motion of Mr. Burkett, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, this request was referred to the Street Committee for study and recommendation.

TRASH ON MONTE VISTA DRIVE: Several complaints have been received concerning trash on Monte Vista Drive. This matter will be considered by the Street Committee.

REVIEW OF STREET SIGN ON STROTHER STREET: Mayor Guy referred this matter to the Street Committee for study and report.

REVIEW OF STREET SIGN ON STROTHER STREET: A complaint has been received concerning a "Reserved Parking" sign on Strother Street for the Smyth County Museum. Mayor Guy referred this item to the Street Committee.

REQUEST FOR STREET CLOSING - APPLICANT: MARION DOWNTOWN!: Ken Heath, Executive Director, requested that the street be closed on July 16, 1999 from 4:00 p.m. to 11:30 p.m. for the Chili Cookoff. He also asked that Main Street be closed on July 17, 1999 from 6:00 a.m. to 4:00 p.m. for a car show. These projects are in conjunction with the Art League, Chamber of Commerce and Marion Downtown! Mr. Helms moved that the requests be approved. The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 1 NOE (Mutter). Mr. Mutter was not in favor of blocking streets on Friday night.

REVIEW OF BIDS FOR CDBG HOUSING PROJECT: Ken Heath reviewed the bids for the Housing Production Project. The low bidder was EBCO Construction Company, Inc.. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the contract was awarded to EBCO Construction Company, Inc.

REQUEST FOR APPROVAL OF CONTRACTOR LIST: Mr. Heath requested that a list of contractors be approved by Town Council. He noted that all have been "checked out" and found to be reliable, licensed contractors. Upon motion of Mr. Burkett, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the Contractor's List was approved as presented.

MRPDC REPRESENTATIVE: Mr. Heath introduced Mr. John McGhee to Town Council Members as the new representative for the Town from MRPDC.

REQUEST FOR SPECIAL USE PERMIT FOR LIFETIME HEALTH & FITNESS CENTER: Mr. Booker explained that it is the Town's practice to require that any delinquent property taxes must be paid prior to re zoning or special use requests. Smyth County Community Hospital is delinquent in some of its taxes. The issue is currently in the judicial system and given this situation, Council may wish to waive the payment of taxes as requirement for this case. He further stated that it is the staff's recommendation that rezoning to either Medical Arts or Commercial General would be more appropriate. Discussion ensued.

Dr. Gates moved that the prerequisite for paid taxes be waived pending court decision. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 1 NOE (Mutter).

Upon motion of Dr. Gates, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, this matter was referred to the Marion Planning Commission for study and recommendation and that a Joint Public Hearing be set at 7:00 p.m. on August 2, 1999 to consider this request.

Roger Cooper clarified that the Health and Fitness Center will not be property of Smyth County Community Hospital. It will be owned and operated by Smyth County Community Foundation, Inc.

ADOPTION OF THE 1999-2000 ANNUAL BUDGET: Upon motion of Dr. Gates, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Council adopted the 1999-2000 Annual Budget in the amount of $7,395,820.

ADOPTION O F CHANGES IN THE CODE OF VIRGINIA: Dr. Gates moved that the Town adopt the changes in the Code of Virginia. The motion was seconded by Mr. Burkett and carried by a vote of 7 AYES and 0 NOES.

ORDINANCE COMMITTEE - NOISE ORDINANCE: Mr. Hendrick moved that this item be continued pending information to be obtained on the meter and simplification of the Ordinance. The Motion was seconded by Dr. Gates, and carried unanimously.

BUILDING AND GROUNDS COMMITTEE - USE OF FIRE STATION PARKING LOT: Mr. Booker reported that the Committee recommends approval of use of the parking lot by Blue Ridge Job Corps Center and that the following conditions be proposed: 1) That the lot be for use of on-duty Job Corps staff. Staff parking priority shall be as follows: a) Job Corps Campus: b) Fire Station Parking lot; c) On-street parking. 2) That it be for day time use only. 3) There is no implied expectation for the Town to remove snow. 4) Job Corps will unlock the gate in the morning and lock the gate at night (Job Corps will be responsible for cost of the gate). It was also suggested that a reversionary clause be included in the conditions to be presented to the BRJC. Mr. Helms suggested that no parking be allowed on the east side of College (formerly Anderson) Street. Mr. Booker was instructed to send these conditions to the BRJC for review. Mr. Mutter expressed concern that the Town would be liable for snow removal or injuries on the property. Mr. Fenyk informed Council that the Town would be responsible to oversee the snow removal on it's property.

STREET & POLICE COMMITTEES- ON-STREET PARKING-IRON STREET: The Committee considered the request that the Town eliminate on-street parking on Iron Street and agreed that with the exception of the two houses behind the retaining wall, that it would be in the best interest of traffic safety to eliminate on-street parking. However, prior to implementing this restriction, Council requested that letters be sent to the residents of Iron Street and that the Town meet with the Church representatives. At this time, the Town has been unable to schedule a meeting with Rev. Turner. Mr. Burkett moved that this matter be continued. The motion was seconded by Mr. Hendrick and carried by a vote of 6 AYES and 1 NOE (Price).

STREET LIGHT COMMITTEE - REQUEST FOR ADDITIONAL LIGHT ON HAMLET STREET: Dr. Gates stated that the light requested would be on Marion Manor Apartment property at the playground. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 6 AYES and 1 ABSTENTION (Leaman), the request for street light was denied.

STREET COMMITTEE - USE OF TOWN/HUNGATE PARKING LOT: Several complaints have been received about noise and loitering on the parking lot. The Town Engineer has requested a VDOT traffic study to determine whether or not E. Chilhowie should be made one-way from North Main Street to the Iron Bridge. Neighboring businesses have been contacted concerning the one-way traffic and/or posting of the property after 11:00 p.m. No one has objected. Chief Overbay informedCouncil that 25 summons have been issued at the intersection in the past few weeks. It was noted that the Iron Bridge is one of the oldest two-lane bridges.

RADIO HILL ROAD: Smyth County Community Hospital has requested that the Town pay for a portion of the upgrade of Radio Hill Road. This item was continued.

PAVING & CONCRETE SCHEDULES: Mr. Hendrick reviewed the paving schedule with additions. He moved that the schedule be approved as presented, with additions. The motion was seconded by Mr. Helms and carried by a vote of 7 AYES and 0 NOES.

The concrete schedule was also presented. It was noted that the Town has had the same contractor for several years and been very pleased with his work. However, they have been operating under an "open contract" with no termination date. Mr. Fenyk was asked to review the contract. Mr. Fenyk advised that the concrete schedule be placed for bid. Mr. Helms moved that the concrete schedule be placed out for bid. The motion was seconded by Mr.Mutter and carried by a vote of 6 AYES and 1 NOE (Gates).

APPOINTMENT TO DOWNTOWN ASSOCIATION BOARD: Mayor Guy appointed Mr. Helms to the Downtown Association Board.

METER REPLACEMENT AND INSPECTION: Mr. Price requested a status report on this project. Mr. Hicks stated that it is 20% complete.

SEWER GRANTS: Mr. Helms advised that funding is available for sewer projects. Mr. Booker was asked to follow up on securing these funds.

STREETS/DOWNTOWN: Mr. Mutter urged Town staff to keep streets in the downtown area cleaned.

POLICE PATROLS/DOWNTOWN: Mr. Mutter stated that the Police Report showed 0 footbeat patrol and 0 bicycle patrols in the downtown area. Chief Overbay responded that uniforms have not been received for the bicycle patrol but that officers are patrolling on foot. This was a reporting error.

ORDINANCE/TOWN ATTORNEY: Mr. Fenyk suggested that the Town repeal Town Code Section 74-176 and Section 74-177 and add 74-178 pertaining to whisle blowing of trains. He further stated that a penalty for blocking the intersection by trains be considered. This matter was referred to the Ordinance Committee.

UNTAGGED VEHICLES: Notices will be placed in the newspaper and on TV3 concerning the enforcement of the Town Code with regard to untagged vehicles within the Town of Marion.

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