PRESENT: Mayor Marshall Guy; Sam Mutter, Mel Leaman, James Gates, David Helms, Eugene Hendrick, Ralph Price, Council Members; Town Manager Henry Booker; Sgt. Richard Henderson; and Town Attorney Mark Fenyk.

MINUTES: Mr. Helms noted that the Street Committee, not the Water Committee, had met and discussed the request from Clayborne Gwyn protesting the connection fee for a sewer hookup on Main Street. With this correction noted, and upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, the minutes were approved. Mr. Leaman, Mr. Mutter, Mr. Helms, Mr. Hendrick, Mr. Price, and Dr. Gates voted affirmatively.

VISITORS: Lee Ann Prescott, Tony and Connie Bright, Barry Blevins, Barbara Steele, Alvin Jones, a host of residents from S.R. 16.

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

PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT FOR HOME OCCUPATION AT 1126 PRATER LANE - PEGGY ALBA - APPLICANT: Mr. Booker stated that Mrs. Alba has requested a Special Use Permit to allow her residence to be used for custom framing. Mrs. Alba stated that 95% of her business comes from an interior designer and over the fax machine. No one was present to speak for or against the request. Staff recommendation is to approve with the following conditions: 1) That all Federal and State laws, along with all local ordinances be obeyed in general, and that Town ordinances pertaining to land use, noise, drainage, signs and parking be followed in particular. 2) That the requested mixed use of this property continue to meet the definition of Home Occupation as defined in the Town's Zoning Ordinance. 3) That there be no commercial signage visible from the street, no commercial alteration of the property, no commercial outside storage, or other outside activities which would alter the residential character of the neighborhood. 4) The property owner will provide off-street parking for any customers, delivery vehicles, or other vehicles associated with the business. 5) That the applicant acquire a Town of Marion Business License prior to beginning business. 6) That the applicant will make provisions for the private removal of any debris generated by the business. 7) That the special Use Permit be revoked upon: A) any period of 12 consecutive months in which there is not active mixed use of the property under the provisions of this special use permit; or B) at any time that the Town Council determines that the conditions of this permit are not being met; or C) upon request of the property owners; or D) upon the sale of the property, or upon the property owners establishing a primary residence at another location, or upon a substantial change in the nature of the business. Upon motion of Mr. Leaman, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, the request was approved.

CONSIDERATION OF WATER SERVICE FOR CUSTOMERS OF S.R. 16, SOUTH: A host of residents from Route 16 were present. These customers have complained that water and water pressure have been insufficient for some time. It was reported that the Water Committee met with Bobby Lane, P.E. to review the serving of customers on S.R. 16 South. The Committee's recommendation is to continue with the development of a separate pump station and tank to serve those 48 customers who are currently on boil water notice; and suspend billing those customers for water until the Town is able to remove them from the boil water notice. Upon motion of Mr. Price, seconded by Mr. Leaman and vote of 5 AYES and 1 ABSTENTION (Mutter), Council accepted the recommendation of the Water Committee. Mr. Mutter felt that estimates and the tank site should be firmly secured prior to commitment to this project. He further stated that there appears to be little or no communication with Smyth County.

It was noted that Smyth County has been taking water from the Town system to feed Mitchell Valley, Saltville and other County systems. Town staff was instructed to compose a letter to Smyth County instructing them to notify the Town prior to taking water from the Town's system. At times, the Town crews have been searching for water leaks, when the County is removing substantial amounts of water from the Town's system.

Mr. Helms stated that the Town's first priority is to Town customers. As a member of the Water Committee, he is aware that it has been difficult to communicate with Smyth County. As a result, the Town is selling water to Smyth County without a contract. Mr. Helms moved that Town staff contact the County immediately concerning a valid water contract and inform them not to remove water from the Town system unless prior authority has been obtained. The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 0 NOES. It was noted that if no contract is signed, Smyth County will be billed as any other out of Town water customer.

Concern was expressed that in the event the Health Department closes the spring, the Town can feed water back to the S.R. 16 customers only if the pump is installed in the area.

In a related matter, Alvin Jones, proposed to sell the Town 3 inches of water that he inherited in the purchase of his property. He stated that the Town and the County had declined his offer. The Water Committee will meet with Mr. Jones to discuss his proposal.

RELOCATION OF BASKETBALL COURT ON IRON STREET: A site plan for development of a basketball court on Iron Street was presented to Town Council. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, a Public Hearing was scheduled on October 4, 1999 at 7:00 p.m., at the Recreation Department Building to consider this project. A notice is to be delivered to residents of Iron Street concerning this hearing. Following public input, the Recreation Committee will review this matter.

REQUEST TO CLOSE MAIN STREET FOR THE CUBMOBILE DERBY: Mr. Booker reported that a request has been received to close Main Street from Church Street to Commerce Street on Sunday, October 17, 1999 from 12:30 p.m. until 7:00 p.m. to allow for the Cubmobile Derby. Staff recommendation is to approve with the following conditions: 1) that the street will not be closed prior to 12:30 p.m.; 2) that the sponsor would provide sufficient adult supervision to allow an orderly event. 3) that the sponsor would be responsible for placing and removing barricades. The barricades would be provided by the Town. 4) That all traffic control be coordinated through the Marion Police Department. 5) That the sponsor would be responsible for clean up after the event. Upon motion of Mr. Hendrick, seconded by Mr. Helms and vote of 6 AYES and 0 NOES, the request was approved.

UPDATE ON THE LINCOLN THEATRE- PRESENTATION BY LEE ANN PRESCOTT: Mrs. Prescott began her presentation by expressing the Board of Trustees appreciation to the Town of Marion for its assistance in securing funding from the Virginia Department of Historic Resources by donating a $50,000 match. She reported that the Lincoln Theatre Architectural Team will present preliminary findings on September 16 & 17, 1999. All interested parties are encouraged to attend. The Capital Campaign for the theatre building renovation is underway and has raised more than $500,000.

REVIEW OF TECHNOLOGY UPDATE: After reviewing the Request for Proposals submitted for the Town of Marion Financial System, the recommendation of the Town's consultant Jeff Larson and the Equipment Committee is to award the system to Bright and Associates, Inc. (BAI). Bright and Associates is currently running systems in more than seventy localities in the Commonwealth. Tony Bright was present and responded to questions by Council. He stated that response time for service will be within 2 hours of the call. Service for this software can generally be executed over the telephone or by contact by modem. Upon motion of Mr. Helms, seconded by Mr. Mutter, and vote of 6 AYES and 0 NOES, contract for the Financial System Package was awarded to Brights and Associates, Inc. at a cost of $150,000 over a five year period.

INFORMATION TECHNOLOGY MASTER PLAN: Review of this plan was continued.

REVIEW OF INSURANCE COVERAGE - RESOLUTION OF PARTICIPATING IN THE VIRGINIA MUNICIPAL LEAGUE'S INSURANCE POOL: Mr. Hendrick reported the Insurance Committee's recommendation to purchase Worker's Compensation for Volunteer Firefighters from Long and Foster, Liability coverage for Marion Volunteer Fire Department from Slemp-Brant and all other liability coverage from VML. Renewal date was 9/1/99. Mr. Booker read the Resolution required by VML for coverage. Mr. Hendrick moved that the recommendation of the Insurance Committee be accepted and the Resolution be adopted. The motion was seconded by Dr. Gates, and carried by a vote of 6 AYES and 0 NOES.

Mr. Mutter asked what capacity Ernest Aker serves concerning insurance matters. Mr. Booker responded that Mr. Aker is a former Town Council member, retired from the Insurance industry, who volunteers his time as an interested citizen and shares his expertise with the Town in certain matters of insurance.

REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION - 131 YORK STREET - ROBERT PIKE: This item was scheduled for Public Hearing on October 4, 1999 at 7:00 p.m. at the Recreation Department Building.

CABLE TV: Barbara Steele informed Town Council that cable service has been interrupted at her residence. She states that the cable goes off periodically. Mr. Booker responded that Adelphia is upgrading the system.

SANITATION COMMITTEE - REPORT ON BRUSH PICK-UP: It was reported that the Committee considered picking up brush on a scheduled basis rather than on a "call" basis. It was suggested that a Knuckle Boom, a 4 WD backhoe for use in the cemetery and a pruning saw be purchased. It was further considered that the department be reorganized. Also discussed was whether to allow contractors and/or private individuals to use the Town's brush storage pile. The Committee will meet again to form a recommendation.

STREET COMMITTEE - REPORT ON MATSON DRIVE DRAINAGE PROJECT: The Committee recommended that the Town obtain an agreement from the Church of God to the effect that the Town will pave the Church's lot to South of Chapel Street, and the Church in turn, will allow the Town to remove the drainage pipe and leave an open, contoured ditch. Replacement of the drainage bridge would begin in the Spring and the Town will order the bridge from Permatile in Bristol with Ken Construction providing all of the labor. Discussion ensued. Mr. Mutter felt that a formal agreement between the Town and the Church should be obtained. Mr. Fenyk advised that although the property belongs to the Church, the Town could incur liability only if a poor paving job is done on behalf of the Town. Mr. Price suggested that the materials be ordered but construction not begin until all aspects of the project are ready to begin. Town share of this project is $24,800. Several members of Council were disappointed that the project has not already begun. They prefer that the entire project be delayed until Spring. Upon motion of Mr. Price, the Town shall pave the parking lot, accept the bid on the bridge from Ken Construction, order the bridge and begin construction by March 1, 2000. The motion was seconded by Mr. Hendrick and was defeated by a vote of 2 AYES and 4 NOES (Leaman, Helms, Mutter, Gates). Mr. Helms amended Mr. Price's motion to include that the bridge be built to VDOT specifications. The amendment was seconded by Mr. Hendrick and carried by a vote of 6 AYES and 0 NOES. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was continued.

STREET COMMITTEE - REPORT ON REFURBISHING OF IRON BRIDGE: The Committee recommended that all bids be rejected because they are too high and that the project be rebid with the following division of work: Town crews to remove and replace the deck. While the deck is off, have Catron's to replace certain steel beams. Rebid the painting portion of the project. Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, the recommendation of the Street Committee was accepted.

BUILDING COMMITTEE - REPORT ON MUNICIPAL BUILDING CHANGE ORDERS: This item was continued.

TOWNS/COUNTY QUARTERLY MEETING: Mayor Guy reported that this was a successful meeting with an interesting program being presented by Joan Armstrong on the Town of Marion Sesquicentennial Celebration.

MSHS BAND UNIFORMS: Mayor Guy expressed the appreciation for $5,000 appropriated by the Town for the purchase of new band uniforms.

REQUEST TO ADD ADDITIONAL MEMBER TO THE BOARD OF THE SMYTH-WYTHE AIRPORT COMMISSION: Mayor Guy continued this matter for further study.

SMYTH ENTERPRISE BOARD: Mayor Guy informed those present that there will be an Information Session held on 9/23/99 from 5:30 p.m. to 7:00 p.m. for an overview and tour of the program.

TRAIN WHISTLES/HORNS BLOWING: Town Attorney Mark Fenyk stated that copies of the Town's Ordinances with reference to train whistles and occupation of the tracks has been sent to the Registered Agent for Norfolk Southern in Virginia Beach. The Town will be able to cite violations 30 days after receipt of notification of the Registered Agent.

REPORT ON TRAFFIC ENGINEERING STUDY OF CHILHOWIE STREET/MAIN STREET INTERSECTION - ENGINEER'S REPORT: Continued

REPORT ON RIVERBEND PARK - TOWN MANAGER: This item was continued

FOWLER STREET PROJECT: Mr. Helms asked if the Town has an inspector on this project. He added that it was agreed that the yards would be sloped and the driveways tapered. Several complaints have been received concerning the contractors turning the water off without notice to area residents. Staff has discussed this matter with the contractors.

STREET LIGHTS ON MAIN STREET: Staff was asked to contact American Electric Power concerning adjustment for removal of these lights. Also, as fall is approaching, these lights should be replaced as soon as possible to avoid dark areas on Main Street.

RETIREMENT POLICIES: Mr. Mutter inquired as to the Town's policies upon retirement of employees. He specifically asked about service weapons carried by Police officers. He suggested that the officers be allowed to purchase their department weapons for $1. This matter was referred to the Budget and Finance Committee for study on creating a policy for the Police Department. It was noted that a watch is currently given to employees upon retirement.

PAVING/CONCRETE REPAIRS: Mr. Helms expressed concern that paving season is here and concrete repairs have not been completed. These should be completed prior to pavement installation

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Staff was requested to contact the contractors on this matter.

Pursuant to VA Code Section 2.1-344(a7 ) and upon motion of Mr. Hendrick that Council enter into Closed Session for the purpose of discussing possible litigation, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Council entered into Closed Session. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, Council returned to open session. Mr. Hendrick moved that it be known that only those matters lawfully exempted from public meeting were discussed during closed session. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 0 NOES. Mr. Hendrick, Mr. Mutter, Dr. Gates, Mr. Helms, Mr. Price, and Mr. Leaman voted affirmatively.

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FRANCIS MARION MANOR: Mr. Leaman moved that the Town participate proportionately in the cost of defending the Town and County's position that Francis Marion Manor Nursing Home is not tax exempt and to allow Town Attorney Mark Fenyk to file a brief on the Town's behalf with regard to this matter and that concerning Rodney Dale Jones. The motion was seconded by Mr. Hendrick and carried by a vote of 4 AYES and 2 NOES (Price, Gates).

Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.