PRESENT: Mayor David P. Helms; Samuel Burkett, Mel Leaman, Ralph Price, Sam Mutter, Eugene Hendrick, James Gates, and Buford Cregger, Council Members; Assistant Town Manager Cecil Hicks; Town Attorney Mark Fenyk, and Police Chief Michael Roberts.

INVOCATION/PLEDGE TO THE FLAG: Rev. Wing rendered the invocation and the Pledge to the Flag was led by Eagle Scout Justin Martin.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Mr. Bur`kett, Mr Leaman, Mr. Mutter, Mr. Hendrick, Dr. Gates, Mr. Hendrick and Mr. Cregger voted affirmatively.

VISITORS: Bob Ramsey, Russ Hauver, Mark Richardson, Glenda Richardson, Susan Martin, Justin Martin, Ken Heath, Rev. Bill Wing, Scout Master Kirby, Elsie Query Sclater, Joan Query Rash, Frederick D. Query, Pat Kabels, John Tate, Eugene Burchett, Ruby Burchett.

PUBLIC HEARING-REQUEST TO REZONE 1024 NORTH MAIN STREET FROM R-1 TO CG-JOAN QUERY RASH; FREDERICK D. QUERY; ELSIE QUERY SCLATER: The recommendation from the Marion Planning Commission regarding this request is to deny without prejudice. If Town Council sustains this recommendation, the applicants may return with a new rezoning request at such time as they have an immediate commercial use for the property. Bob Rash, Joan Query Rash and Frederick Query spoke in favor of the rezoning. They felt that Commercial General is the proper zoning for this property. Pat Kabels, a commercial real estate broker, felt that CG is the highest and best use of the property. They cited that the only other residence in the immediate North Main Street area is that of John H. Tate, Jr. Mr. Tate, of 1002 N. Main Street, opposed the rezoning of lot 12. Lot 12 allows entrance to one of Mr. Tate's rental properties. He further stated that, in his opinion, the Town policy is not to rezone property until a bonafide use has been determined. Discussion ensued. Mr. Mutter moved that the request to rezone this property be approved as presented. The motion was seconded by Mr. Hendrick and carried by a vote of 4 AYES and 3 NOES (Burkett, Leaman, Gates).

PUBLIC HEARING-UNIFORM MEALS TAX-MARK FENYK, TOWN ATTORNEY: Members of Town Council had been provided a copy of the proposed Ordinance for review. The intent is to adopt a State wide Uniform Meals Tax Ordinance. Upon motion of Dr. Gates, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the Ordinance was adopted. Copies of the Ordinance will be distributed to all businesses collecting the Meals Tax.

REQUEST TO ASSIST SMYTH COUNTY IN COLLECTION OF CERTAIN SEWER BILLS: This item was continued.

RESOLUTION 00-205. A RESOLUTION OF THE TOWN OF MARION COUNCIL SUPPORTING AN INCREASE IN FUNDING FOR THE VIRGINIA COOPERATIVE COYOTE DAMAGE CONTROL PROGRAM: Mr. Hicks read the Resolution requesting additional funding to the Virginia Department of Agriculture and Consumer Services 2001 FY budget in the amount of $150,000. Upon motion of Mr. Mutter, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION 00-206. A RESOLUTION OF CONGRATULATIONS FOR JUSTIN M. MARTIN ON THE OCCASION OF HIS EARNING THE RANK OF EAGLE SCOTT: Mayor Helms read the Resolution commending Justin M. Martin for achieving the rank of Eagle Scout. Mr. Helms presented the Resolution to Mr. Martin who was accompanied by Susan Martin, Russ Hauver, and Scout Master Kirby. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION 00-207. A RESOLUTION IN RECOGNITION OF THE RETIREMENT OF ROBERT C. RAMSEY: Mr. Hicks read the Resolution commending Mr. Ramsey on his retirement from Pepsi Cola after 27 years of service. Upon motion of Mr. Price, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, the Resolution was adopted.

REQUEST FOR SPECIAL USE PERMIT-528 SPRUCE STREET-CRM CONSTRUCTION, INC: Angela Musick requested a Special Use Permit to allow for an office for a construction company to be located in her home. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, a Public Hearing was scheduled for September 7, 2000 at 7:00 p.m. to consider this request.

BID ON PHASE I OF RIVERBEND REGIONAL PARK: Bids for construction of a new picnic shelter will be opened September 1,2000 at 2:00 p.m.: This item was continued.

COMPLAINT: Eugene Burchett, Horne Avenue, complained that, in his opinion, a parcel of property adjacent to his home is being used as a garage in violation of the Zoning Ordinance. Mr. Hicks advised that the house was purchased and a zoning permit was issued for storage and private use of the property owner. The property is not being used for commercial purposes and R-1 zoning is in force at this site. Mr. Burchett stated that, in the past, he was advised that a garage is an accessory building and is only allowed adjacent to a residence. Mr. Hicks stated that the property owner, Roger Bennett, is not in violation of the Zoning Ordinance. Mr. Burchett complained that a letter from his attorney has not been answered. Mr. Hicks was asked to follow up on the response to Mr. Burchett's Attorney's letter.

MARION DOWNTOWN!: Russ Hauver requested that members of Town Council assist in cooking and serving at the final Lunchtime on the Lawn on Friday August 18, 2000.

MARION DOWNTOWN!: Russ Hauver and Ken Heath presented the new Historic Marion banners.

FINANCE COMMITTEE-CASUAL PURCHASES: The Finance Committee discussed this matter and determined that rules are in place concerning casual purchases. A copy of the regulations regarding this matter have been distributed to each Department Head.

BUILDING COMMITTEE-REPORT ON SOUND SYSTEM FOR COUNCIL CHAMBERS: Mr. Heath expressed his disappointment in Belew Sound. It was his recommendation that the Town pursue other avenues for the system. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, this matter was referred to the Building Committee.

BUILDING COMMITTEE-REPORT ON COMPLETION OF THE MUNICIPAL BUILDING: Mr. Hicks reported that final payment in the amount of $55,789.66 has been paid to U. S. Construction.

BUILDING COMMITTEE-REPORT ON DRAIN IN BASEMENT OF BUILDING: Mr. Hicks advised that the drain is stopping up at the front door to the lower level of the Municipal Building. Members of Town Council requested that Mr. Hicks contact Architect Bill White to question the possibility of a design flaw. Mr. Hicks was also asked to determine who is responsible for the damage to molding and tile due to the flooding of the Municipal Building. Mayor Helms referred this matter to the Building Committee.

STREET COMMITTEE-REPORT ON FOWLER STREET EXTENSION: The Committee met with D. C. Walker, Jerry Lewis and Ken Taylor concerning the right of way across their proposed sub-division. The discussion was centered around the approval of the proposed road that VDOT has recently approved for construction. The property owners stated that they are working with a development firm and will contact the Town in approximately 30 days. The Town will then begin the bidding process to construct the road. It was suggested that a Public Meeting be held to keep Marion citizens informed about this project.

TECHNOLOGY COMMITTEE-WEB PAGE UPDATE: Upgrades to the Web Page were discussed. Among those items to be updated are: 1) Picturing each department as background for their department on the web page. 2) Buford Cregger added to the Town Council page. 3) Possibly placing water and sewer reports on the web page. 4) Update name of Mayor to Mr. Helms. 5) Place disclosure on web page. 6) Public Hearing notices on "What's New?". Mr. Hendrick suggested that the Town feature one business each month. The Committee also discussed the installation of wireless or T1 line. Mr. Eagle will gather information on this matter. The Committee requested that Mr. Eagle and Mrs. Wymer record the time they spend working on the web page and computers.

BOARD OF ZONING APPEALS: Council was informed that Roy Evans term will expire on 9/13/00. Mr. Evans cannot be reappointed due to term limitation. Mayor Helms asked that Council consider a recommendation to be presented to the Circuit Court.

MARION REDEVELOPMENT AND HOUSING AUTHORITY: Daniel Prater's term will expire on 9/14/2000. Due to term limitations, he cannot be reappointed. Suzanne Jennings and John Tate's terms will expire 9/14/2000. Mayor Helms asked that Council consider these appointments as well.

TECHNOLOGY COMMITTEE-INTERNET SERVICE PROVIDERS: Mr. Hicks advised that the Engineer's Assistant, C.T. Eagle is gathering data on this item.

FREE CLINIC: Mr. Price informed Council that a "Free Clinic" is being proposed and some medical and office equipment has been donated to the cause. However, they have no storage for the equipment. Mr. Price was asked to gather more information on the clinic and the Mayor will request information of the Town's obligation and responsibility if the equipment is stored in a Town facility.

BICYCLE TRAIL: Mayor Helms stated that a grant in the amount of $40,000 has been obtained by the Friends of Hungry Mother Park and the Town of Marion for development of a Bicycle Trail from Marion to the Park. John Taminger was instrumental in obtaining this grant.

MT. EMPIRE AIRPORT: Mayor Helms reminded members of Town Council that the official groundbreaking of the parallel taxiway will be held 8/8/00.

SISTER CITY-SMITHFIELD, VA: Mayor Helms reminded Council that the Town has a "Sister City". The Town has not actively fulfilled this opportunity but it is hoped that in the near future more communication may be made with Smithfield. Perhaps, reciprocating visits.

MARION LIFESAVING CREW: Mayor Helms informed Town Council MLSC Captain Chris Slemp has taken a position in northern Virginia and that Lt. Jerry Breen will be assuming the duties of Captain.

OLD RESCUE SQUAD BUILDING/DETERIORATING : Mayor Helms referred this matter to the Building Committee.

BOARD OF ZONING APPEALS-CODE OF VIRGINIA - Mr. Fenyk opined that the Code of Virginia requires that Boards of Zoning Appeals have a majority and at least 2 in favor for a motion to pass. The Town's Zoning Ordinance requires 3 in favor votes for a motion. Dr. Gates asked that members of the Board of Zoning Appeals be asked their opinion on this matter. Upon motion of Mr. Leaman, seconded by Dr. Gates, the Utility Consumer Tax and Board of Zoning Appeals voting issue be referred to the Ordinance Committee. The motion passed by a vote of 7 AYES and 0 NOES.

RELEASE OF PEPSI BUILDING- MR. FENYK: Mr. Fenyk stated he is in the process of preparing release of the building purchased by Dr. Gandhi.

FREEDOM OF INFORMATION ACT AND PROCUREMENT ACT WORKSHOP-MR. FENYK: A meeting was scheduled to be held August 10, 2000 at 7:00 a.m.

BUSINESS INVITATION: Mr. Mutter requested that Town Staff approach Ames, Target and Goody's concerning an invitation to open a business in Marion.

TOWN SEALS FOR VEHICLES: Mr. Mutter suggested that the Town consider new colored Seals for the doors of vehicles. Most vehicles are white and he does not feel that the current black and white decals show up very well.

PLANNING GRANT-GILMAN STREET: Mr. Leaman moved that Mayor Helms contact MRPDC to request their assistance in securing a Planning Grant to widen and upgrade Gilman Street. The motion was seconded by Mr. Cregger and carried unanimously.

COMMERCE STREET WATER LINE: The question arose that the asphalt over the new water line on Commerce Street is sinking. Mr. Hicks advised that that is to be expected and the contractor will return to refill the sunken asphalt.

COMPLETION OF FOOTBRIDGE: Mr. Hicks advised that this project in nearing completion.

WATER TANK REPAIRS-TOWN ENGINEER CECIL HICKS: Mr. Hicks informed Council that repairs to the Town of Marion Reservoir have been completed and it should be back on line this week. He added that the contractors will begin on the Hot and Cold Tanks next.

ADELPHIA CABLE: Mr. Leaman advised that Adelphia Cable has added more channels to their programming on August 1, 2000, as promised.

PURSUANT TO VIRGINIA CODE SECTION 2.1-344 (a1 and a7) and upon motion of Mr. Hendrick, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss possible litigation and personnel. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters lawfully allowed were discussed during the Closed Session. The motion was seconded by Mr. Mutter, and carried by a vote of 7 AYES and 0 NOES. Mr. Burkett, Dr. Gates, Mr. Mutter, Mr. Price, Mr. Leaman, Mr. Cregger and Mr. Hendrick voted affirmatively.

SCOTT REQUEST: Vice-Mayor Sam Burkett stated that it has been suggested that the Marion Post Office be re-named after former Mayor W. W. Scott, Jr. Council was asked to consider endorsement of this request to the Federal Government.

BRUSH PICKUP: Mr. Hicks informed Council that the Town is proposing to collect brush and leaves on a schedule and not take call in orders for these. The concept was used with leaves successfully.

SIGNS: Mr. Leaman urged Town Staff to encourage the Town Crews and Contractors to properly sign work zone areas.

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