PRESENT: Mayor Marshall Guy; S. S. Burkett, David Helms, Ralph Price, Mel Leaman, Sam Mutter, and Eugene Hendrick; Town Manager Henry Booker; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks.

MINUTES: Mr. Leaman wanted the minutes to clarify that appointments to Boards and Commissions are open to nominations and not based upon sitting members. Upon motion of Mr. Mutter, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, the minutes of the meeting held 9/20/99 were approved as written and distributed. Mr. Burkett, Mr. Helms, Mr. Mutter, Mr. Price, Mr. Hendrick and Mr. Leaman voted affirmatively.

VISITORS : Shirley Burgess, Bill Burgess, Dale Bowman, James Bowman, Lucille Marshall, Josephine Davidson, Sherry Campbell, Shirley Norman, Lesa Pike, Robert Pike, Charles Cook, Nolan Wolfe, Barbara Steele, Paul Crouse, Jane Hale, Joe Ahler, Doug Covington, William E. Thompson, Ken Heath, Gregory A.A. Rashad.

INVOCATION: The invocation was rendered by Mr. Hicks and the Pledge to the Flag was led by Mayor Guy.PUBLIC HEARING FOR RELOCATION OF BASKETBALL COURT ON IRON STREET: Barbara Steele, Jane Hale, Nolan Wolfe, and Gregory Rashad spoke in favor of locating the basketball court at Steele Park. They prefer that the goals be installed on a trial basis with signs stating regulations and enforcement of the regulations and that the Town deal with issues of the times. Josephine Davidson, James Bowman, Dale Bowman, Paul Crouse, Shirley Burgess, Sherry Campbell and Lucille Marshall spoke against the basketball court being located in Steele Park and/or the lower part of Iron Street. They were concerned that trash, profanity and parking would become a problem. These are some of the reasons the goals were removed previously. Mr. Leaman stated that Council felt that offering the alternate site was a good compromise. This, however, is not the case. Mr. Leaman moved that the matter be referred to the Recreation Committee and that the park be renovated, without a basketball court at this time, and signs with regulations erected. The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 0 NOES. Mr. Price added that the Town should consider a buffer fence at Steele Park to serve as a sound barrier. Mr. Hendrick requested that the Committee consider putting up the goals on a trail basis.

Upon motion of Mr. Leaman, seconded by Mr. Helms, and vote of 6 AYES and 0 NOES, the alternative plan for basketball court at lower end of Iron Street was dropped.

PUBLIC HEARING FOR SPECIAL USE PERMIT FOR HOME OCCUPATION AT 131 YORK STREET - ROBERT AND LISA PIKE: The Pikes plan to assemble trophies at their residence. They would then be sold upon order. Staff recommendation is to approve the request 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 used 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) That I will provide off-street parking for any customers, delivery vehicles, or other vehicles associated with business. 5) That I will acquire a Town of Marion Business License prior to beginning business. 6) That I will make provisions for the private removal of any garbage or other refuse generated by the business. 7) I understand that this Special Use Permit may 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 establishing a primary residence at another location, or upon a substantial change in the nature of the business. No one was present to speak for or against this request. Upon motion of Mr. Leaman, seconded by Mr. Helms, and vote of 6 AYES and 0 NOES, the request was granted, with conditions as stated.

SPECIAL USE PERMIT FOR HOME OCCUPATION - 130 PARK BOULEVARD - KENNETH BAUMAN: This item set for Public Hearing 10/21/99.

APPOINTMENT OF BOARDS AND COMMISSIONS- BOARD OF ZONING APPEALS: Upon motion of Mr. Helms, seconded by Mr. Price, and vote of 6 AYES and 0 NOES, Council recommended that the Circuit Court judge reappoint Cameron Wolfe to the Board of Zoning Appeals, effective 9/13/99. This shall be a 5 year appointment, to 9/13/2004. Mr. Wolfe had been selected to fill the unexpired term of Charles Harkins.

CONSIDERATION OF WATER SERVICE FOR CUSTOMERS ON S.R. 16 SOUTH: Mr. Hicks has completed the construction plans for serving 48 customers on S.R. 16 and has submitted them to the Health Department for approval. Town and County Water Committees have discussed this project. While the Town's request for water must be approved by the County, their Water Committee does not anticipate any local delays. Staff is prepared to proceed with this project on an emergency contract basis once all required regulatory approvals are obtained. Mr. Helms moved that upon required approval from the Health Department and Smyth County Board of Supervisiors, Town staff be authorized to proceed with this project. The motion was seconded by Mr. Burkett and carried by a vote of 6 AYES and 0 NOES. Mr. Helms, Mr. Burkett, Mr. Hendrick, Mr. Price, Mr. Mutter, and Mr. Leaman voted affirmatively.

APPOINTMENT OF BOARDS AND COMMISSIONS - MARION REDEVELOPMENT AND HOUSING AUTHORITY: Upon motion of Mr. Burkett, seconded by Mr. Mutter, that Bill Huber be reappointed to the Marion Redevelopment and Housing Authority, effective 9/13/99. Mr. Leaman requested that nominations be taken from the floor. Mr. Burkett and Mr. Mutter withdrew their motion. Mr. Leaman moved that Ralph Price be appointed to the Housing Authority Board. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES. This is a 4 year appointment, to 9/13/2003

RESOLUTION OF SUPPORT OF MOUNTAIN DEW DAY IN MARION, VIRGINIA- RESOLUTION 99-184: Mr. Booker read the Resolution. Upon motion of Mr. Mutter, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION OF RECOGNITION OF MACK STURGILL - RESOLUTION 99-185: Mr. Booker read the Resolution. Upon motion of Mr. Burkett, seconded by Mr. Helms, and vote of 6 AYES and 0 NOES, the Resolution was adopted.

UPDATE ON MARION DOWNTOWN! - KEN HEATH: Ken Heath presented the following report on Downtown projects: 1) Streetscape - Bricks have been installed along Phase One, and preparations are underway to install the lighting fixtures by end of the week. AEP is working to replace the malfunctioning lights at McNeil Furniture and La Paloma. No more lights will be removed until additional lighting is installed. Mr. Price expressed concern with the brick pavers being installed in sand. Doug Covington explained that contractors used concrete underneath and then compacted a sand bed because of upheaval of trees and to allow expansion during freeze and thaw periods. Mr. Mutter posed the question of cleaning the area. Mr. Covington stated that the sand should not cause problems. Mr. Booker added that an air broom is used to clean the sidewalks. Mr. Covington stated that the sand should not be blown away during this process. Phase Two is set to get underway the week of October 4. Note: The handicapped access ramp at the corner of Broad and Main will be recut, moving the ramp to an angled position to impede storm runoff entering the sidewalks. Mr. Heath noted that construction will cease during Christmas shopping season. 2) Downtown Housing- EBCO Construction has failed to supply the necessary Performance Bond and Insurance requirements. The Housing Board voted to rebid the project, based upon the redesign of Hayden's World and time elapsed between the Notice of Award and the contractor's failure to comply. New bid opening is set for 2:00 p.m. on October 26. Phase Three drawings were presented to the property owners on October 1 and pending approval and any changes in design, this phase will be bid in November.

A RESOLUTION DESIGNATING OCTOBER 16, 1999 AS SMYTH COUNTY CLEAN-UP DAY IN MARION VIRGINIA - RESOLUTION 99-186: Mr. Booker read the Resolution. Upon motion of Mr. Helms, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, the Resolution was adopted.

ZONING PROVISION REQUEST - CHARLES COOK: Charles Cook was in attendance to request that Council consider to alter or eliminate regulations to build a house for his handicapped son. Mr. Cook revised his plat upon recommendation from the Town in an attempt to comply with the Zoning Ordinance. He was later informed that he would be required to build a street to the site where he proposed to construct a home for his son. The Town has agreed to pay 50% of the cost to build this street. Mr. Cook contends that it is not economical for him or the Town to develop the street. He stated that he has a driveway onto his property and would like to connect his driveway to one that would access the proposed home instead of building a street. Mr. Hendrick moved that the Street Committee review Mr. Cook's plan. The motion was seconded by Mr. Helms and carried by a vote of 6 AYES and 0 NOES.

BUDGET/FINANCE COMMITTEE - REVIEW OF RETIREMENT POLICIES: The request to allow retiring police officers to purchase their firearms at $1.00 was discussed. It is the recommendation of the committee that the Town allow such individuals to purchase the weapons at 50% of its replacement value, provided that the Town has registration changed prior to the sale of the weapon. Mr. Mutter asked that this matter be continued until a firm replacement cost is determined. Mr. Leaman moved that the item be continued. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES.

BUDGET/FINANCE COMMITTEE - REVIEW OF COMPUTER FINANCING: Town Attorney Mark Fenyk is reviewing the Financing Agreement.

WATER COMMITTEE - REPORT ON COUNTY WATER CONTRACT: Members of Town Council received a proposed contract for their review prior to formal presentation to Smyth County.

WATER COMMITTEE - REPORT ON JONES PROPOSAL: A copy of Alvin Jones' proposal to sell his water rights to the Town of Marion for the sum of $200,000 had been distributed to Town Council members. The Committee's recommendation is to decline his offer without further comment. Upon motion of Mr. Mutter, seconded by Mr. Helms, and vote of 6 AYES and 0 NOES, the Committee recommendation was accepted and this item was dropped from the agenda.

WATER COMMITTEE-WATER SERVICE AT SEVERT HILLS APARTMENTS: Mr. Hicks was asked to prepare an estimate of the proposed repairs and commercial meter installation and present the same to MRHA to determine their share of the cost.. Mr. Burkett moved that a master meter be set to serve 25% of the Severt Hill Apartment Complex (annex area). Mr. Hendrick seconded the motion which carried by a vote of 6 AYES and 0 NOES.

WATER COMMITTEE - COUNTY BILL FOR NICK'S CREEK: This item is to be continued pending the County's search for paid bills on this meter.

ORDINANCE COMMITTEE - REPORT ON SEWER HOOK-UP CHARGE: The Committee requested that staff contact other jurisdictions to determine the sewer tap policies and fees of others. This item was continued.

TOWN CLERK'S REPORT-NEXT MEETING, THURSDAY, OCTOBER 21, 1999: Due to Council members attending the Annual VML Conference in Williamsburg, VA. , Town Council meeting will be rescheduled to October 21, 1999 at 7:00 p.m.