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

VISITORS: Rev. Charles DeHart, Lee Ann Prescott, Gilda Dingler

RESOLUTION OF RETIREMENT-BETTY J. ROUSE: As Ms. Rouse was out of town, this item was continued.

REQUEST FOR SPECIAL USE PERMIT- FRANK AND MARIE MORRIS-JANITORIAL SERVICES – 310 CHILHOWIE STREET: Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was set for Public Hearing on October 16, 2000 at 7:00 P.M.

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

REQUEST TO CLOSE MAIN STREET ON OCTOBER 15,2000-CUB SCOUTS: Cub Scout Pack 547 is hosting the annual Cubmobile Derby for the year 2000. The Scouts request that Main Street from Church Street to Commerce Street be closed on Sunday, October 15,2000 from 12:30 pm to 7:00 p.m. Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the request was granted 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 cleaning up after the event.

ACCOUNTS: Upon motion of Dr. Gates, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the Accounts were approved in the amount of $333,062.17.

INVESTMENTS: Ms. Sheets advised that $200,000.00 was transferred to the General Fund from the General Fund Certificate of Deposit. Upon motion of Mr. Mutter, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, the Investment Report was approved.

BUILDING COMMITTEE- REPORT ON DRAIN IN BASEMENT OF BUILDING: Mr. Hicks stated that a response has been received from Spectrum Design concerning this problem. They advised that wood shavings and an unvegetated bank likely contribute to this problem. Mr. Hicks cited damaged tile and wood molding that must be replaced. He added that the Town's insurance should pay for repairs. He further stated that Town staff has sloped the bank and removed wood chips as suggested by the architect. Following discussion, Mr. Mutter moved that the Building Committee be authorized with power-to-act if replacement of the drain becomes necessary. The motion was duly seconded and carried by a vote of 7 AYES and 0 NOES.

BUILDING COMMITTEE-FIRE DEPARTMENT: Town Council was advised that a letter has been received from Don W. Cooper, Attorney for Associated Construction Services, Inc., stating that the Fire Station project has been completed and requesting final payment. Council reviewed a letter drafted by Cameron L. Wolfe, Jr., Architect, to the Fidelity and Deposit Company of Maryland, bonding company for Associated Construction Services, Inc. demanding that they be responsible for any cost incurred in the closing out of this project as was the verbal agreement which was reached when the bonding company assured the Town and Architect that all subcontractors would be paid and to date, have not. It has been brought to our attention that several subcontractors still have not been paid. Also inspections of the project have found the work incomplete. Upon motion of Dr. Gates, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, Mr. Hicks was authorized to co-sign this letter.

STREET COMMITTEE-REQUEST TO PAVE ADAMS STREET EXTENSION-DOUG MCFARLAND: The Committee recommended that if there is sufficient right of way, the Staff shall prepare an estimate to widen the street to the width of Adams Street below the unpaved section. Mr. Hicks informed Council that the cost to pave Adams Street Extension is $2,500. The property owners had erected ‘Private Drive' signs and the Town instructed them to remove the signs. The Town erected ‘No Thru Street' signs. If the street is paved, these signs will be removed, but this will not bring the street up to VDOT standards and would not become reimbursable be State Maintenance Funds. Mr. Mutter questioned the purpose of approving this request as the street has been used as a private drive for two (2) residences. Mr. Fenyk advised that if the Town paves this street, it will become a town-maintained street. Mr. Leaman stated that other areas, served by more than two (2) citizens, have requested paving and been denied. It was noted that, if approved, there would be a condition that no on-street parking would be allowed. Paving of the street will increase traffic in the area. Upon motion of Mr. Price, seconded by Mr. Burkett, and vote of 1 AYE (Price) and 6 NOES, the motion to pave Adams Street Extension failed. Mr. Hendrick moved that this item be continued until the property owners are contacted and more information is gathered. The motion was seconded by Mr. Burkett and carried by a vote of 5 AYES and 2 NOES (Gates, Leaman)

LINCOLN THEATRE - ARC GRANT - LEE ANN PRESCOTT: Lee Ann Prescott, Executive Director of the Lincoln Theatre Foundation, requested a Resolution of Support for the Historic 1929 Lincoln Theatre Renovation Project request for funding ($500,000) from ARC. The grant must be matched locally and matching funds have been raised and are on-hand. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 5 AYES, 1 NOE (Price), and 1 ABSTENTION (Gates), the Resolution was adopted.

NORTH STREET STORM DRAIN: Mr. Hicks notified Council that one of the property owners on North Street has offered to donate an easement for installation of a storm drain. Blue Ridge Job Corps has set aside a trust fund in the amount of $10,000 for this purpose.

STREET COMMITTEE- SNOW SCHEDULE: Mr. Hicks explained that the Town clears Route 11 and Route 16 north and south, first. After these areas are cleared, snow removal crews are assigned to one of three quadrants in Town. The Committee suggests that the trucks stay in the quadrants as assigned. During big snow events, supervisors are to be directing the snow removal. Sidewalk clearing is to begin as soon as the snow has started during sizable snow events. Another point of concern is that of the plantings on Main Street. Several ideas have been discussed, including closure of Main Street until snow is cleared away from the plants and sidewalks or providing one lane each way and eliminate parking on Main Street until the downtown area is cleared. This item was for informational purposes.

STREET COMMITTEE-FOWLER STREET EXTENSION: Mr. Hicks advised that he has met with representatives of W-L Construction concerning this project. They have flown the site and will meet with the Town again to further discuss the project. Mr. Hendrick noted that Steve Buston, of VDOT, will work with the Town of Marion on the intersection of Culbert Drive and Fowler Street Extension. Mr. Hendrick also suggested that the Town proceed with the survey so that the project may move smoothly and added that this is a Town project, not a VDOT project. Mr. Hicks requested a meeting with the Street Committee and W-L Construction. Mark Fenyk advised the Town that the Virginia Code Section 11-41.2:5, that the Town may enter into a Design/Build arrangement on the Fowler Street Extension. However, the Town must adopt a written procedure for the design/build project. The project must then go before the Review Board for Design/Build for approval. This item was continued.

RECREATION-CONTRACT BETWEEN SMYTH COUNTY SCHOOL BOARD AND TOWN OF MARION: Dr. Gates moved that the Town enter into an agreement with the Smyth County School System with regard to use and maintenance of the Little Hurricane field, four tennis courts, and a track field with long term utilization. The motion was seconded by Mr. Leaman and carried unanimously.

TECHNOLOGY COMMITTEE-REPORT ON G.I.S. PRESENTATION BY MR. KEN ANDERSON: A detailed demonstration was conducted for Town staff and Council members. A proposal will be prepared for the Town, to include costs and recommendations.

SEWER COMMITTEE- REPORT ON MEETING TO DISCOVER FUNDING FOR THE INTERCEPTOR REPLACEMENT ON CAMPBELL AVENUE: The existing sewer line on Campbell Avenue is in need of replacement. The pipe is made of terra cotta material, it is undersized, located in the flood plain within 100 feet of the Middle Fork of the Holston River, is at least 40 years old and is currently susceptible to overflow during significant storm events. Estimated cost to replace 2100 feet of sewer line is $300,000. The Town is actively pursuing financial assistance with the project.

DUCK RACE: Mr. Helms reported that the Duck Race sponsored by the Marion Primary School was a success. He commended those who worked on this project.

MT. DEW DAY: Mr. Helms informed Council that Mt. Dew Day will be celebrated on October 28, 2000.

VML ANNUAL CONFERENCE: Mr. Helms urged members to turn their registration forms into the Town Clerk.

ARTICLE ON QUEST FOR NEW BUSINESS: Mayor Helms commended the Smyth County News and Messenger on the article about Mr. Mutter and Town Council actively pursuing new businesses.

STREET LIGHTS: Mayor Helms informed Council that he will contact Mr. Don Adams, American Electric Power, concerning the number of street lights that are out of service.

SPECIAL SERVICE TAX TO IMPROVE STREETS: Mayor Helms asked that the Town proceed with the process to determine the interest of citizens to be assessed a Special Tax for street improvement on non-state maintained streets in the corporation limits.

SEWER PROBLEM AT SMYTH COUNTY JAIL: Council requested a status report on the sewer problem at the Smyth County Jail.

TOWN ATTORNEY'S REPORT-UPDATE ON UTILITY TAX: Mr. Fenyk advised that the draft will be presented to Council by next meeting. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, a Public Hearing was scheduled on October 16, 2000 to consider adoption of the Ordinance.

PAYMENT OF WATER BONDS: Ms. Sheets informed Council that the Water Bonds, Series of 1985, have been paid off. These bonds were used in the upgrade of the Water Treatment Plant.

BRUSH SCHEDULE: Mr. Hicks advised that the policy and procedures concerning Brush Pick-up has been changed. Brush pick-up orders will no longer be accepted. Trucks will be designated an area to serve, and will only pick up brush that is curbside in that area. Chatham Hill Road and South Commerce Street will be used as a dividing line for the Town. Any brush set at curbside East of this dividing line will be picked up on the first full week and third week of the month. The other alternating weeks will be for picking up the brush, set out at curbside for the West side of the dividing line.

ROUTE 16 WATER LINE IMPROVEMENTS: Mr. Hicks advised that water line improvements on Route 16 are in place and the old line has been discontinued.

MUNICIPAL BUILDING-PAINTING THE EXTERIOR: Mr. Hicks reported that Salem Commercial Designs of Salem, Virginia was the lone bidder on this project, in the amount of $11,865. Upon motion of Dr. Gates, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the contract to paint the exterior of the Municipal Building was awarded to Salem Commercial Designs. Mr. Cregger moved that the credentials of the paint contractor be thoroughly checked. The motion was seconded by Mr. Leaman and carried unanimously.

SMYTH COUNTY TRANSFER STATION: Mr. Hicks advised that the Town's program of parking a truck at a residence on Friday evenings and allowing those individuals to place items in the vehicle for disposal has been met with a problem in the items which require separation before disposal at the Smyth County Transfer Station. These are tires, metal or white goods, brush, tree limbs or yard waste. The following items may not be disposed of at the Smyth County Transfer Station: a) Hazardous or Special waste, as defined by Virginia Solid Waste Regulations; b) sludges or free liquids; c) paint, stains, etc.; d) motors, transmissions, or any other oily parts. In the future a copy of these lists will be left when the truck is delivered. Drivers who pick up the truck shall determine if the guidelines are met. This item was referred to the Sanitation Committee.

PURSUANT TO VIRGINIA CODE 2/1-344 (a1) 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 personnel matters. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters lawfully exempted were discussed during Closed Session. The motion was seconded by Mr. Price, and carried by a vote of 7 AYES and 0 NOES. Mr. Hendrick, Mr. Price, Dr. Gates, Mr. Mutter, Mr. Burkett, Mr. Cregger and Mr. Leaman voted affirmatively.

SMOKE COMPLAINT: Mr. Price reported that Mr. Scott, Manager at Southern States has complained that smoke is bothering him and his customers

POLICE JOB DESCRIPTIONS - CHANGES: Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, the following changes were made to the job descriptions and qualifications:

POLICE CHIEF EVALUATION: Mr. Mutter noted that the Personnel Committee has not evaluated the progress of the Chief of Police. Mayor Helms requested that a copy of the criteria be supplied to Chief Roberts.

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