PRESENT: Mayor David P. Helms; Mel Leaman, Ralph Price, 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: Mr. Hicks rendered the Invocation and the Pledge to the Flag was led by Mayor Helms.

MINUTES: Mr. Hendrick noted that the vote on the recommended appointment to the Board of Zoning Appeals was omitted. The vote to recommend nomination of W. D. Smith to the Circuit Court was approved by a vote of 7 AYES and 0 NOES. With the correction noted, Dr. Gates moved that the minutes be approved. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES.

VISITORS: Ed Kirk, Linda Kirk, Danny and Angela Musick, Ken Heath.

SPECIAL USE PERMIT - 528 SPRUCE STREET- CRM CONSTRUCTION - DANNY AND ANGELA MUSICK: The request is to allow a Special Use Permit for Home Occupation to the structure as an office for CRM Construction. 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 use of this property continue to meet the definition of Home Occupation as defined in the Town's Zoning Ordinance. They understand that the residence may be used for "office occupations", and not as a venue for walk-in customers. 3) That there be no commercial signage (other than standard vehicle signs) 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 they will provide off-street parking for any customers, delivery vehicles, or other vehicles associated with the business. 5) That they will acquire a Town of Marion Business License prior to beginning business. 6) That they will make provisions for the private removal of any garbage or other refuse generated by the business. 7) That the Special Use Permit will 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 the request of the Town; 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. Dr. Gates moved that the request be approved, with conditions, as stated. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES.

REQUEST TO ASSIST SMYTH COUNTY IN COLLECTION OF CERTAIN SEWER BILLS: Mr. Hicks reported that Brights and Associates have been contacted and are currently making adjustments to the Town computer programs to accommodate this change. No deadline has been set.

Mr. Hicks also stated that several of the master sewer meters are not recording correctly. These meters monitor the County's sewer usage. This matter has been discussed with the County.

Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, these items were continued.

APPOINTMENT-MARION REDEVELOPMENT AND HOUSING AUTHORITY BOARD: Upon motion of Mr. Price, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, the following appointments were made: John Tate and Suzanne Jennings were reappointed to four (4) year terms; 2) Ed Stringer was appointed to replace Daniel Prater, whose terms have expired. Mr. Stringer's appointment is for four (4) years.

REPORT ON RETAINING WALL AT THE SENIOR CITIZEN'S CENTER: Mr. Hicks reported that he has discussed liquidated damages on the Streetscape project with Ken Morrison, of Ken Construction. The amount of the damages is $3,200. Ken Construction's price for the retaining wall and sidewalks was estimated approximately $8,000. Ken Construction has agreed to remove the old retaining wall, construct a new retaining wall and steps for $4,722 plus the amount of liquidated damages from the Streetscape project, be applied. Mr. Price moved that the Town accept Ken Construction's price for removal and installation of the retaining wall, plus steps and leveling on existing concrete. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES. Mr. Price further moved that liquidated damages assessed to Ken Construction be included toward the renovation of the retaining wall at the W. W. Scott Senior Citizen Center. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES.

It was noted that the Town will provide the landscaping and that a separate contract will be let for the railing.

RIVERBEND PARK: Mr. Hicks reported that bids on the Riverbend Park/Phase I Project have been received. Five (5) contractors bid on the project. The architect estimate was $232,866. Actual low bid was $329,000. Mr. Hicks added that the staff is concerned about landscaping and suggested that the project be rebid in February, 2001. Following discussion, Mr. Price moved that contractor's be notified that the project will be rebid in February, 200l in consideration of the cost overrun and possibility of problems with landscaping at this time of the year. The motion was seconded by Dr. Gates and carried by a vote of 5 AYES and 0 NOES.

ADAMS STREET REQUEST-DOUG MCFARLAND: Doug McFarland, of 507 Adams Street, requested that the Town consider paving the unmaintained portion of Adams Street. He stated that he had put up "Private Driveway" signs and the Town removed them, stating this was a Town right of way. Mr. McFarland reported that the Town has put milling material on the road in the past. Mr. Hicks noted that this practice was discontinued due to the fact that the milling material washed into the drainage system and stopped it up. Mayor Helms referred this request to the Street Committee for study and recommendation.

EQUIPMENT COMMITTEE-POLICE DEPARTMENT COMPUTERS: Mr. Leaman moved that two (2) computers be added to the current lease agreement and two (2) printers be purchased locally. The motion was seconded by Dr. Gates and carried by a vote of 5 AYES and 0 NOES.

APPOINTMENT-DOWNTOWN HOUSING BOARD: Dr. Gates moved that the following citizens be appointed to the Downtown Housing Board: James McNeil, Chairman, Sam Burkett, Council representative, Bill Greenwood, Tami Blevins, and Harry Howe. These are two-year terms. The motion was seconded by Mr. Price and carried by a vote of 5 AYES and 0 NOES.

DOWNTOWN-HALLOWEEN MADNESS: Ken Heath, Executive Director of Marion Downtown!, requested that Council adopt a Resolution for Mountain Dew Day for October 28, 2000. He also requested that Main Street be closed to vehicular traffic from 9:00-4:00 on October 28 for the Halloween Madness Celebration. Dr. Gates moved that the request to close Main Street be approved with the usual conditions. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES.

AMES DEPARTMENT STORE: Mr. Mutter had received a response from the Ames Department Store regarding interest in locating in Marion. A packet of information was mailed to the store from the Town on available sites and facts about Marion.

BUILDING COMMITTEE-DRAIN IN BASEMENT OF MUNICIPAL BUILDING: Mr. Hicks reported that recent storms have again flooded the basement of the Municipal Building causing considerable damage to tile and carpet. He stated that the architect, Bill White, has been contacted concerning the problem, most recently on August 21 and September 1. No response has been received. Council suggested that Bill Huber be contacted directly. Following a lengthy discussion, Mr. Price moved that Town Attorney Mark Fenyk draft a certified letter to Spectrum Design and Echols-Sparger that the Town's offer to participate in the cost of a solution to this problem has expired. The letter shall allow seven (7) days to respond to the Town or another licensed architect or engineer will be engaged to determine if the problem is a result of a failure in design and consult as to the corrective measures to take to remedy this situation. If there is no response within seven (7) days, legal action will be filed against Spectrum Design and Echols-Sparger to recoup expenses of the Town to correct this problem. The motion was seconded by Mr. Leaman and carried by a vote of 5 AYES and 0 NOES.

TECHNOLOGY COMMITTEE - INTERNET SERVICE PROVIDERS: Mr. Leaman reported that the contract for an internet service provider is coming up for renewal in October, 2000.

TECHNOLOGY COMMITTEE - GIS DEMO: Mr. Leaman reported that a GIS Demonstration has been scheduled September 13, 2000 at Noon.

WATER COMMITTEE-SNIDER BRANCH WATER LINE: Mr. Hicks reported that the Town is experiencing problems with this system and have not be able to remedy the situation. Customers in Snider Branch area are experiencing discolored water. The estimated cost to replace the line is $18,000. Mr. Helms suggested that the Town replace the line with a six (6) inch pipe and request assistance from the county on the cost. It was also suggested that Mr. Hicks contact the County about assuming these customers and that Mr. Hicks prepare a cost analysis of payback on the proposed $18,000 investment. Mr. Cregger moved that customers on the Snyder Branch line will not be charged for water until the problem is resolved. The motion was seconded by Dr. Gates and carried by a vote of 5 AYES and 0 NOES.

MARLEY MASTER WATER METER: Mr. Hicks advised that for some time the Town has felt that the amount of water used at Marley is not all metered. He suggested placing a master meter on Highway 11. The proposed cost for this metering system will be approximately $18,300. With installation of this meter, there would be no question on the usages. Dr. Gates moved that the meter be purchased and installed. The motion was seconded by Mr. Price and carried by a vote of 5 AYES and 0 NOES. Mr. Leaman, Dr. Gates, Mr. Price, Mr. Cregger and Mr. Hendrick voted affirmatively.

WASHINGTON AVENUE WATER LINE: Mr. Hendrick moved that this item be included in the letter to Smyth County concerning the Snyder Branch Water Line. The motion was seconded by Dr. Gates and carried by a vote of 5 AYES and 0 NOES.