PRESENT: Mayor Marshall Guy; S. S. Burkett, David Helms, Sam Mutter, Mel Leaman, James Gates, Eugene Hendrick and Ralph Price, Council Members; Town Manager Henry Booker; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm; and Police Chief Charles Overbay.

MINUTES: Mr. Mutter moved that the minutes be approved as written and distributed. The motion was seconded by Mr. Leaman and carried unanimously. Mr. Burkett, Mr. Helms, Mr. Mutter, Mr. Leaman, Dr. Gates, Mr. Hendrick and Mr. Price voted affirmatively.

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Mr. Booker and Mayor Guy led the Pledge to the Flag.

VISITORS: Bill Buchanan, Hazel Long, Grover Russell, Mindy Dyer, Vivian Price, Scott Oakes, Doug Covington, Ken Heath. Barbara Steele, Helen Roberts, Debra Overbay, Russ Hauver, Ed Powers.

JOINT COUNCIL/PLANNING COMMISSION PUBLIC HEARING ON ZONING OF THE LIFETIME HEALTH & FITNESS CENTER: This item continued to 8/2/99 at 7:00 p.m.

RESOLUTION 99-178 - A RESOLUTION OF APPLICATION FOR THE CONTRIBUTIONS OF MARION'S OLDER CITIZENS: Mindy Dyer, Hazel Long, Grover Russell, and Vivian Price were present from the W. W. Scott Senior Citizen Center. Mr. Booker read the Resolution. Upon motion of Mr. Burkett, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, the Resolution was adopted. Mayor Guy extended sincere thanks to the group for their community contributions.

REVIEW OF BIDS FOR DOWNTOWN STREETSCAPE: Ken Heath informed Town Council that the low-bidder was Ken Construction of Lebanon, Virginia in the amount of $266,125. However, there may be a possibility that the bid will be rescinded. If this occurs, the town will retain the bid bond from Ken Construction and may negotiate with the second low-bidder, Glade Construction of Glade Spring, VA. The bids were considerably over the estimate. Dewberry and Davis' Doug Covington gave an overview of the project and procedure. Dr. Gates stated that this is a strong project for Downtown and moved to refer the matter of the shortfall to the Budget and Finance Committee. Mr. Mutter seconded the motion, which carried by a unanimous vote.

BANK OF MARION'S PREPARATION FOR THE YEAR 2000-BILL BUCHANAN: Mr. Buchanan presented a brief statement on behalf of the Bank of Marion about preparations and testing for Y2K. The Bank of Marion is confident that they are prepared for the new millennium.

ACCOUNTS: Mr. Mutter moved that $232,412.36 be paid from the General Fund. The motion was seconded by Dr. Gates and carried unanimously. Mr. Price, Mr. Mutter, Mr. Hendrick, Mr. Helms, Dr. Gates, Mr. Burkett, and Mr. Leaman voted affirmatively.

INVESTMENTS: Mr. Hendrick moved that the Investments be approved as presented. The motion was seconded by Mr. Helms and carried unanimously. Mr. Price, Mr. Mutter, Mr. Hendrick, Mr. Helms, Dr. Gates, Mr. Burkett and Mr. Leaman voted affirmatively.

IRON STREET PARKING: Helen Roberts requested the status of parking on Iron Street. She is a resident of Iron Street and stated that cars are still parking along the street. Mr. Booker advised that the Town staff is currently attempting to schedule a meeting with the Church and Rev. Turner.

ORDINANCE COMMITTEE - NOISE ORDINANCE: Mr. Booker reported that the draft is complete and that the staff is in the process of selecting the appropriate meter to be used to determine violations.

ORDINANCE - VARIOUS ORDINANCES CONCERNING TRAINS: Mr. Booker recommended that public hearings be scheduled to consider a $100 per occurrence penalty for blowing of train whistles and enforcement of the statewide ordinance on how long the trains may block road crossings. Dr. Gates moved that these public hearings be set for 8/16/99 at 7:00 p.m. The motion was seconded by Mr. Hendrick and carried unanimously.

ORDINANCE- CHANGES IN TRASH PICK-UP REGULATIONS: Town staff has received several complaints concerning trash at the entrance of Monte Vista Drive at South Main Street. Mr. Booker will write to the residents of Monte Vista Drive and remind them of existing regulations concerning setting garbage at the curb for Town pick-up.

ORDINANCE- ESTHETICS ON PRIVATE PROPERTY: The matter of esthetics on private property was dropped upon recommendation of the Town Attorney.

BUILDINGS AND GROUNDS - REPORT ON USE OF FIRE STATION PARKING LOT: Mr. Booker advised that BlueRidge Job Corp officials are considering the conditions set forth by Town Council.

STREET COMMITTEE - REPORT ON-STREET PARKING - COLLEGE STREET: The Committee recommended that parking along College Street (next to Blue Ridge Job Corps Center property) be eliminated if the Center decides to utilize the Fire Station parking lot. This would go in effect 30 days after the BRJC begins using the Fire Station Parking lot.

STREET COMMITTEE - PETITION FOR STREET REPAIRS/MONTE VISTA DRIVE: A request has been received from residents of the area that the Town perform street repairs on Monte Vista Drive. They requested that pot holes be fixed, the street be repaved and that the roadway on Peake Drive be dressed. The committee's recommendation is to consider sharing the cost of upgrading Monte Vista Drive with the property owners on a 50/50 basis. The Town Engineer is to obtain a cost estimate and discuss with the Street Committee prior to the town contacting any of the property owners.

STREET COMMITTEE - ASSISTANCE WITH UPGRADING RADIO HILL ROAD: This matter was referred to the Street Committee for further study. Smyth County Community Hospital has requested $33,000 for upgrade to Radio Hill Road.

STREET COMMITTEE - EXTENSION OF MIDDLE AVENUE: The requested subdivision on Middle Avenue was discussed along with the requirement to extend the road. The Town Engineer is to approach the property owner to discuss possible Town participation in extending the road. This matter was referred to the Street Committee for further study.

STREETS - SPECIAL ASSESSMENT FOR REPAIRS/CONSTRUCTION: Mr. Leaman informed Council that Cities and Counties are allowed to enter into an agreement with tax payers to improve streets and assess a portion of the costs to residents over a 10 year period. He asked that the Town, in conjunction with Tom Taylor of the Mt. Rogers Planning District Commission, encourage legislation to allow Towns to improve streets by the same method. Mr. Burkett moved that Mr. Leaman be authorized to work with MRPDC on this matter. The motion was seconded by Mr. Helms and carried unanimously.

STREET COMMITTEE - STREET SIGN ON STROTHER STREET: Mr. Booker noted that a "Reserved Parking" sign was installed at the Smyth County Museum located on Strother Street to allow for school busses to load and unload. The Committee recommended that the sign be changed to "Busses Only".

INSURANCE - REPORT ON RENEWAL OF EMPLOYEE HEALTH CARE COVERAGE: Mr. Hendrick advised that due to increased claims on the part of employees and dependents during the past year, the cost of employee health insurance has doubled. Traditionally, the participating employees have been required to pay 45% of the premium. In order to offer a better benefit to the employees, the Committee recommended that the Town shall abandon the concept of 55%/45% and have set employee rates at $64 per month for single coverage and $150 per month for family coverage. Additionally, the Town has enhanced the benefit by offering a prescription card. This will allow employees and dependents to have prescriptions filled at participating locations for $10 per prescription of standard prescriptions and $5 per prescription for generic drugs. The changes in employee rates and implementation of the prescription card will begin 8/1/99, if approved. Mr. Hendrick moved that the recommendation of the Insurance Committee be accepted. The motion was seconded by Mr. Burkett and carried by a vote of 6 AYES and 1 NOE (Price).

WATER COMMITTEE - REPORT ON SMYTH COUNTY'S REQUEST TO USE SPRING WATER TO SERVE THE HUTTON BRANCH SYSTEM: Smyth County has requested that the Town provide a back-up water supply for their Hutton Branch System. The Committee recommends that the Town Engineer determine the cost of various ways of serving Town customers on the southern section of our system. At a minimum, this should include the cost of installation of a 2" line with supplemental treatment by separate chlorination; sanitation by ozone; micro filtration; and the installation of a separate storage tank and determine the cost to the County for operating the proposed Hutton Branch water source to include water treatment. It was noted that Bob Mason, Water Superintendent, has concerns about serving Town customers. Mr. Hendrick stated that he does not believe that the Town residents should supplement the cost for county water customers. Upon motion of Mr. Mutter, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, this matter was referred to the Water Committee for further study. Mr. Burkett advised that the Town of Marion is currently supplementing the County's Saltville water system.

BUDGET & FINANCE - EMERGENCY PURCHASE/SICKLE BAR: Mr. Booker informed Council that the sickle bar on the side arm tractor is no longer in service. The purchasing department obtained 3 cost estimates for replacement of this equipment. The low cost was $5,451 from Furrow Justice of Kingsport, TN. Mr. Burkett moved that the purchase be approved. The motion as seconded by Mr. Helms and carried unanimously. Mr. Burkett, Mr. Helms, Mr. Price, Mr. Hendrick, Mr. Mutter, Dr. Gates and Mr. Leaman voted affirmatively.

RIVERWALK HIKING TRAIL PROJECT: Mr. Booker advised that the Hiking Trail Project will begin on 9/8/99 and has a 75 calendar day contract.

TOWN ATTORNEY/PROCUREMENT: Mr. Fenyk advised that a written determination of an emergency expenditure and notice of action taken must be posted or published in the local newspaper, according to VA Code Section 11-41 (e).

TOWN ATTORNEY/MONTE VISTA DRIVE: Mr. Fenyk stated that consideration to improve streets is the discretion of each municipality. He added that a street may be accepted into the maintenance system by implication if certain services are extended.

MAIN STREET CLEANING: Mr. Mutter requested that the Main Street area be cleaned twice per week by the Street Sweeper.

TOWN DECALS: Mr. Mutter advised that he has observed a number of expired Town decals on vehicles and encourage these violations be enforced.

TRAFFIC STUDY: Mr. Mutter requested the status of the traffic study to be performed by VDOT. Mr. Booker stated that VDOT has been contacted and will schedule this study at the earliest possible date.

FOWLER STREET PROJECT: Mr. Mutter noted that construction has not begun on the Fowler Street Widening Project. Mr. Booker advised that this project is under contract and that should the project exceed the contracted period, they will be accessed charges as allowed by the contract.

CHAPS FOR MOWING: Mr. Mutter asked if chaps are available for those individuals mowing. Mr. Booker informed him that there are 8 sets of chaps and they are used by employees who are operating chain saws.

WELLNESS CENTER GRADING: Mr. Mutter asked if the Town is following up on the maintenance of the area and ensure that streets and intersections are kept clean. Mr. Booker advised that this is being done and that escorts are available for the SCCH Street Sweeper upon request.

PURCHASING PROCEDURE: Mr. Mutter requested that the purchasing procedure be reviewed on miscellaneous items.

ZONING PERMITS: Mr. Leaman suggested that the Town staff contact Smyth County Building Inspection to request notification of the issuance of excavation/soil erosion permits prior to construction.

CONCRETE & PAVING: Mr. Booker advised that bids for concrete and paving will be received on July 30, 1999.

ZONING - SPECIAL USE PERMIT - 130 PARK BOULEVARD-KENNETH BAUMAN: Mr. Booker advised that Mr. Bauman has requested a Special Use Permit for home occupation. This matter will be an item on 8/2/99.

IRON STREET PARKING: Ms. Helen Roberts notified Council that parking along Iron Street is still occurring. She stated that the street is supposed to be two way and parking limits the area to one lane. Mr. Booker advised that the Town staff has been unable to schedule a meeting with Rev. Turner concerning this matter.

Pursuant to Va. Code Section 2.1-344 (A1) and upon motion of Mr. Hendrick, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Council entered into Executive Session for the purpose of discussing personnel matters. Upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, Council returned to open session. Mr. Hendrick moved that it be known that only those matters lawfully exempted and identified in Va. Code Section 2.1-344 (D1) were discussed in Executive Session. Dr. Gates seconded the motion which carried unanimously. Mr. Helms, Mr. Mutter, Mr. Hendrick, Mr. Leaman, Dr. Gates, Mr. Price and Mr. Burkett voted affirmatively.

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