PRESENT: Mayor Marshall Guy; David Helms, Samuel Burkett, Sam Mutter, Mel Leaman, Eugene Hendrick, James Gates and Ralph Price, Council Members; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm; Police Chief Fred Catron.

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

VISITORS: Betty Blizzard, Carol Gilley, Ellen Tilson, Brett Harrell, C. B. Gwyn.

SPECIAL PRESENTATION-SMYTH COUNTY LEADERSHIP COUNCIL-JOE ELLIS: Canceled

STATUS OF PEDESTRIAN BRIDGE: Contact has been made with Norfolk Southern and no definite response has been received.

RESOLUTION TO DESIGNATE MAY 14-20,2000 AS BUSINESS APPRECIATION WEEK IN MARION, VIRGINIA: Mr. Hicks read Resolution 99-197 proclaiming May 14-20,2000 as Business Appreciation Week. Upon motion of Mr. Helms, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Resolution was adopted.

APPOINTMENT TO RECREATION ADVISORY COMMITTEE: Interim Recreation Director Gene Olinger submitted a list of recommendations for Council's consideration. Suggested candidates are Gene Cleveland, Brett Taylor and Anthony Ellis. These gentlemen have been contacted and agreed to serve, if selected. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this item was referred to the Recreation Committee.

DOWNTOWN HOUSING-BID BOND: Betty Blizzard was present to request a status report on a refund for EBCO. EBCO was to be the contractor for the Downtown Housing Project. A bond was presented by EBCO in the amount of $22,600. EBCO's attorney and Town Attorney Mark Fenyk have negotiated a settlement in which the Town of Marion would retain $5,000 and refund the balance to EBCO and Robert Vineyard, Esq. Dr. Gates moved that the matter be settled as agreed to by the attorneys. The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 1 NOE (Mutter). Dr. Gates, Mr. Hendrick, Mr. Helms, Mr. Price, Mr. Burkett, and Mr. Leaman voted affirmatively.

RESOLUTION FOR SMYTH COUNTY CLEAN UP DAY: Jodie Arnold of the Area Beautification Committee of the Smyth County Chamber of Commerce read a Resolution designating "Earth Day", April 22, 2000, as Clean Up Day. Upon motion of Mr. Burkett, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Town Council unanimously adopted the Resolution.

Mayor Guy and Council Member Price were excused.

BUILDING COMMITTEE-UPDATE ON MUNICIPAL BUILDING: It was reported that an agreement has been made on the amount assessed for liquidated damages in the amount of $10,205.59 and that $8,400 will be held to cover costs of punch list items. Mr. Fenyk reported that it is his understanding that the contractor has agreed to certify payment of the sub-contractors. It was reported that Mr. Rankin stated that he has not received payment. Discussion ensued.. Dr. Gates moved that $10,205.59 be accepted for liquidated damages. The motion was seconded by Mr. Leaman and carried by a vote of 4 AYES and 1 NOE (Mutter). Dr. Gates, Mr. Hendrick, Mr. Leaman, and Mr. Helms voted affirmatively.

STREET COMMITTEE-CONSIDERATION OF SPECIAL SERVICE DISTRICT FOR STREET UPGRADE: Mr. Fenyk reported that the Town may establish Special Service Districts for the purpose of upgrading roads, provided that the following conditions are met: 1) At least 50% of the property owners want the district established; and 2) The Town pays for at least 50% of the improvements; and 3) The property owners' share, if included as an extra tax assessment, be amortized in 20 years or less. The Committee's recommendation is: 1) To begin with Columbia Avenue first. The Town Engineer will develop a cost estimate and a neighborhood meeting will be scheduled to explain the process and conditions to the property owners. 2) To develop a priority list for the remaining unimproved streets. This list should take into consideration: A) Number of property owners on the street; B) Right of way considerations; C) Traffic patterns. Mr. Leaman expressed concern that the Service District should be town-wide. It was explained that the Committee felt that Columbia Avenue would be an excellent "test area" and that each request would be handled on an individual basis. Mr. Helms moved that staff proceed with the process to begin with Columbia Avenue. The motion was seconded by Mr. Hendrick and carried by a vote of 5 AYES and 0 NOES.

STREET COMMITTEE- STATUS OF FOWLER STREET EXTENSION: Vince Volenti, Urban Engineer with the Department of Transportation has advised that the Fowler Street Extention project has been included on the State's Road Improvement Plan. Current project schedule is to acquire right of way by Summer, 2003 and construct the road in the Summer of 2004. If the necessary right of way is donated, that schedule may be accelerated. The State's estimate for the project is $125,000 for Engineering; $400,000 for Right of Way and $875,000 for Construction. This would include the pavement to State maintenance standards, curb and gutter, and a traffic signal at the Culbert Drive end. The local estimate of $200,000 is for a rural section road with open ditch drainage, no concrete work and not traffic signal. Mr. Volenti also stated that if the Town could design, advertise, bid and construct the project sooner, the State would consider signing an administrative agreement with the Town to allow for local administration. Mr. Hicks advised that property owners have agreed to donate the right of way and have requested to meet with the Street Committee to discuss expediting the project.

RECREATION COMMITTEE - SKATE PARK: Dr. Gates reported that no property has been found upon which to construct a Skate Park. The Town will continue to search for available land and a letter be sent to Mr. Poe stating this fact. Dr. Gates moved that the item be dropped from the agenda. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES.

EQUIPMENT COMMITTEE - FIRE TRUCK REPAIR: The JACO fire truck is currently being refurbished by M&W Fire Equipment of Vinton, Virginia at an estimated cost of $59,000. The Town has received notice that more damage has been discovered than anticipated. Therefore, an additional $6,600 has been requested to bring the truck to 100%. It has been determined by M&W that the additional charge is due to a manufacturing defect. The Equipment recommends approval of this request. Mr. Helms moved that $6,600 be approved for additional repairs to the JACO fire Truck. The motion was seconded by Dr. Gates and carried by a vote of 5 AYES and 0 NOES.

MOUNT ROGERS PLANNING DISTRICT COMMISSION-ANNUAL SPRING DINNER MEETING: It was noted that MRPDC invites Town Council to the Joint Annual Spring Dinner Meeting of the Mount Rogers Regional Competitiveness Partnership to be held on April 6, 2000 at the Hillsville VFW, Hillsville, Virginia at 6 p.m.

GRIEVANCE: Mr. Fenyk stated that a request for a hearing before Town Council has been received from the attorney for two Town employees. The hearing has been scheduled for April 17, 2000 immediately following the Town Council meeting.

TRAIN WHISTLES: Mr. Hendrick reported that he and Mr. Booker attended a meeting with railroad officials concerning Federal Regulations with regard to blowing of train whistles at crossings. The issued of "Quiet Zones" was discussed. Gates and lights will be required at all crossings within a "Quiet Zone". Funding for these will be extremely limited and a priority list will be based upon accident history. Council requested that staff begin the application process for "Quiet Zone".

PRATER LANE CROSSING: Mr. Hicks advised that the Town staff is in the process of design of the drainage system at the crossing.

CLEAN UP DAY: Mr. Helms asked that Council grant authority to Mr. Booker and Public Works Director Roy Burke to recruit Town employees to participate in 4 hours of work on April 22, 2000. This will include overtime and Mr. Hicks was asked to organize the workers.

POT HOLES: Mr. Helms requested that pot holes be asphalted at the earliest possible date.

FIRE DEPARTMENT - REQUEST FOR NEW TRUCK: Mr. Mutter stated that a request has been received from the Marion Volunteer Fire Department for a new fire truck. The truck will cost approximately $500,000. Several questions arose. The Fire Department has requested that members attend a meeting at the Fire Station on April 18, 2000. Mr. Leaman suggested that the Fire Committee attend this meeting. Members of Council would like for Fire Department personnel to attend a regular Town Council meeting to answer questions that may arise.

DECALS: Mr. Mutter asked why receipts were not issued to those individuals purchasing Town Decals. Mrs. Sheets advised that the receipt printers were not working. However, it is required that decals be purchased and displayed. Records at the Municipal Building can verify the purchase of decals, by name, date and number. Mr. Mutter expressed concern that officers may wish to verify decals at times when the office is closed. He stated that manual receipts should have been issued. Manual receipts were written for those requesting them. Mrs. Sheets stated that this matter will be rectified.

WATER TANKS: Mr. Hicks reported that Industrial Welding and Taylor Service bid upon the repairs and maintenance to the water tanks. Mr. Hicks advised that he was able to negotiate the budgeted price of $62,900 for repairs. Repairs will include safety cages, regular maintenance and painting. He added that the Town will inspect this project. Dr. Gates moved that the low bid from Taylor Service be accepted. The motion was seconded by Mr. Hendrick and carried by a vote of 4 AYES and 1 NOE (Leaman)

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