PRESENT: Mayor David P. Helms; Samuel S. Burkett, Sam Mutter, Eugene Hendrick, Buford Cregger, Dr. James Gates, Mel Leaman and Ralph, Council Members; Town Manager John E. B. Clark, Jr.; Police Lt. Darrell Hayden; Town Attorney Mark Fenyk.

INVOCATION/PLEDGE TO THE FLAG: Mr. Price rendered the invocation and Mayor Helms led the Pledge to the Flag.

MINUTES: Mr. Hendrick corrected the minutes that he had felt the Town should have, not hire, a construction crew. Upon motion of Mr. Mutter, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, the minutes of the meeting of 7/2/01 were approved as written and corrected. Messers Burkett, Mutter, Hendrick, Cregger, Leaman Gates, and Price voted affirmatively.

VISITORS: Karen Copenhaver, Ken Taylor, Dana Chamberlain, Ken Heath.

REPORT ON FOWLER STREET EXTENSION & SUBDIVISION: A proposal to construct Fowler Street Extension, including Route 16 Intersection Adjustments, in accordance with drawings prepared by Town Engineer Cecil Hicks, was discussed. Estimated cost of Route 16 Intersection Construction is $332,630.00 and Fowler Street Extension is $417,370.00. Total cost for Route 16 upgrade and Fowler Street Extension is $750,000.00. These costs do not include water or sewer adjustments and/or installation; power line, telephone, cable, etc. adjustments and/or installation; or striping. The goal is to be able to construct both projects simultaneously. It is estimated that the project will take 120 days. If curb and gutter and sidewalk is added this could extend time by 30 days. Mr. Clark reported that the Street Committee has met on several occasions on this issue. They recommend including sidewalk on one side of the street and curb and guttering on both sides of the street. Mr. Clark also stated that Mr. Hicks has reviewed the plans, as has VDOT. Dr. Gates felt that the Town should go ahead and put sidewalk on both sides have the street, rather than doing so at a later date. This would increase the project cost $32,000. Mr. Clark had prepared a Fowler Street Subdivision Revenue Estimate over Five (5) years. This estimate was based upon the assumption of 10 houses being built each year. Estimated total revenue from the new sub-division would be approximately $125,500. Dr. Gates moved that a second sidewalk on the other side of the Fowler Street project be added at a cost of $32,000. Mr. Price seconded the motion, which carried unanimously. Messers Burkett, Leaman, Gates, Mutter, Cregger, Price, and Hendrick voted affirmatively. Mr. Hendrick moved that Council approve the recommendation of the Street Committee, plus upgrade on Route 16 interchange. Total project cost is $782,000. Mr. Price seconded the motion. Council approved the same unanimously. Messers Burkett, Leaman, Gates, Mutter, Cregger, Price and Hendrick voted affirmatively.

Mr. Ken Taylor, representing W-L Construction Company, stated that this street would be a good addition to the Town, which will take 96 days to build. He further requested a "Letter of Intent" the Town so that they may begin construction by next Monday, July 23, 2001. Mr. Fenyk stated that he would have the document on 7/17/01. However, the contract will take more time to prepare. Mr. Taylor stated that the Town would receive a Deed of Easement upon completion of the Design/Build project.

PETITION TO CLOSE UNOPENED THIRD STREET BETWEEN VIRGINIA AND LOOK AVENUES-TOWN MANAGER: Mr. Clark advised that a public hearing has been scheduled on Monday, August 6, 2001 at 7:00 p.m. to receive input on this request.

REPORT ON PUBLIC INFORMATION MEETING ON 2020 TRANSPORTATION PLAN: The Public Information meeting on the 2020 Transportation Plan was held on July 16, 2001 from 5 p.m. to 7 p.m. Mr. Hendrick expressed concern that the plan does not address the North Main Street railroad crossing. Otherwise, he believes the plan will meet the needs of the future.

REPORT ON PROPOSALS-PARK BOULEVARD HIKING/BIKING TRAIL: Mr. Clark informed Council that upon their request he contacted Smyth County and requested that they appoint a member from the Smyth County Board of Supervisors to the Proposal Review Committee. They have not yet officially advised the Town of this appointee.

REPORT ON MEETING WITH TERRY LEE-WEBSITE: Mr. Leaman advised Council that changes have been submitted the Area-Net and shall be completed within 30 days.

REPORT ON ARBITRATION HEARING-FIRE HALL-TOWN ATTORNEY: Mr. Fenyk stated that during the hearing, Associated conceded that they would not be able to prove that their pay requests had not been paid as per the contract. Following the hearing, the Arbitrator indicated that the decision would be rendered within 14 days. According to their complaint, Associated Construction felt they were entitled to $88,100 plus interest and interest on the retainage.

COUNCIL APPOINTMENTS TO TREE BOARD: Mayor Helms invited Council to nominate individuals to the Tree Board. Councilman Mutter nominated Brenda Bennett. Mayor Helms noted that additional nominations may be added to the list and those will be considered at the August 6, 2001 Town Council Meeting.

MARION DOWNTOWN LONG RANGE PLAN: Ken Heath, Executive Director of Marion Downtown!, presented a Long-Range Planning Committee Report: Executive Summary. Council will review this document for future growth and discuss at a future meeting. Members of Marion Downtown in attendance were Doug Covington, Dana Chamberlain, Anna Johnston, Joe and Karen Copenhaver.

Karen Copenhaver commended members of the Committee who prepared the Long Range Plan. She added that Marion Downtown will need the Town's and Community support to be pro-active for the future and that partnership and pulling together is the key to continued success. She strongly recommended that consideration be give to hiring a full time Economic Development Director to seek business and industry for the all of Smyth County.

Mr. Leaman asked that copies of this plan be forwarded to Marion Planning Committee for review.

ARTS & CRAFTS-DOWNTOWN DAYS: Mr. Heath advised that the annual Arts and Crafts show on the Courthouse lawn will be held June 20, 21, 22, 2001. The celebration will include arts and crafts, games, food vendors, chili cookoff and all types of music.

ACCOUNTS: Mr. Cregger moved that the Accounts be paid in the amount of $175,333.91. Mr. Mutter seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messers Burkett, Mutter, Price, Leaman, Hendrick, Cregger, and Gates voted affirmatively.

INVESTMENTS: Upon motion of Mr. Burkett, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented.

BIDS ON SURPLUS PROPERTY-PURCHASING: Sealed bids for a surplus equipment sale were accepted until noon, July 11, 2001. Total bids for the equipment was $4,889.45. Members of Town Council were concerned that a 1956 Fire Truck was up for bid. They were unaware that this item was available for bid. Mr. Mutter asked for an explanation on why the truck was to be sold. Mayor Helms advised that he had been informed that it was no longer needed. Mr. Cregger moved that a list of surplus items should be presented to Town Council for approval, prior to a sale. Mr. Burkett seconded the motion, which carried unanimously.

Mr. Mutter moved that the Town Attorney review the sale of the 1956 Ford Fire Truck prior to accepting the bid from Mr. Myers. Sale of the Fire Truck was placed on hold. Other items on the list are approved for sale. Dr. Gates seconded the motion and carried unanimously. Messers Burkett, Price, Mutter, Leaman, Hendrick, Cregger, and Gates voted affirmatively.

STREET COMMITTEE-DRAINAGE SITUATION ON STALEY STREET: Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, this item was continued.

STREET COMMITTEE-PAVING REQUEST-GREER AVENUE: Upon motion of Mr. Price, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, this item was continued. Mr. Hicks had been asked to prepare an estimate.

BRUSH PICKUP SYSTEM: Mr. Leaman reported that it is the recommendation of the Sanitation Committee that the Town pick up brush on the fourth week, every month. These will be picked up by on the same day that garbage is collected in that zone. This will be done on a trial basis. Citizens will be notified of the change in procedure by direct mailing, ads in Smyth County News and Messenger, and TV3. The Town Manager and Public Works Director will work out details for flaggers, signs, etc. Mr. Leaman made the motion that the recommendation of the Sanitation Committee be adopted. Mr. Hendrick seconded the motion, which carried unanimously. Mr. Hendrick suggested that the brush chipper be used more often. Dr. Gates felt the chipper is inefficient. Mr. Mutter suggested that the supervisors make crews aware of pickup areas for brush.

BUILDING COMMITTEE-LAUREL CREEK NURSERY FOR FIRE HALL: This item was continued.

TOWN & COUNTRY BBQ: The annual Town & Country BBQ will be held July 26, 2001 and sponsored by the Smyth County Chamber of Commerce.

NOISE COMPLAINT: Mr. Helms received a letter of complaint from Marvin Leslie, 184 Keller Lane. Mr. and Mrs. Leslie requested that Town Council consider modifying our current ordinance to reflect reasonable restrictions on volume and duration of rock concerts. Lt. Hayden advised that a Noise Ordinance is already in effect in the Town Code. This item was referred to the Ordinance Committee.

VDOT ALLOCATION MEETING: Mayor Helms and Town Manager Clark attended the annual VDOT Allocation Meeting. Among those requested items from the Town of Marion were the Church Street Widening Project and North Main Street Railroad Crossing.

FIRE DEPARTMENT EVALUATION: Dr. Gates moved that a joint letter from the Town of Marion and the Marion Volunteer Fire Department be drafted to request an evaluation of the Fire Department needs and equipment. This letter will be forwarded to the Department of Fire Programs. The motion was seconded by Mr. Hendrick and carried unanimously.

SIGNS: Mr. Price requested that additional signs be placed along the I-81 Corridor to identify our Town.

TRIMMING OF RIGHT-OF-WAYS/SPRAYING SIDEWALKS: Mr. Price stated that right-of-ways along Park Boulevard continue to be in need of trimming. Mr. Burkett requested that crews spray sidewalks for weeds.

VDOT- RIGHT-OF-WAY CARE: Steve Buston, Resident Engineer for VDOT, has agreed to provide the Town with guidelines for right-of-way maintenance.

CHRISTMAS LIGHTS: Mr. Clark advised that Bill Buchanan has scheduled a meeting on July 23 2001 at 4:00 p.m. at the Municipal Building.

PURSUANT TO VIRGINIA CODE SECTION 2.1-344 (1) and upon motion of Mr. Hendrick, duly seconded and vote of 7 AYES and 0 NOES, council entered into Closed Session to discuss personnel. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session were discussed during Closed Session. The motion was duly seconded and carried unanimously. Messers Burkett, Mutter, Cregger, Hendrick, Leaman, Gates, and Price voted affirmatively.

PROGRAMS COORDINATOR/RECREATION DEPARTMENT: Dr. Gates moved that the position of Programs Coordinator be advertised internally. Mr. Mutter seconded the motion, which carried by a vote of 7 AYES and 0 NOES.

DEPUTY CLERK/DEPUTY DIRECTOR OF FINANCE: Upon motion, duly seconded, and vote of 7 AYES AND 0 NOES, Council authorized that the position of Deputy Clerk/Deputy Director of Finance be advertised internally. This position was approved in the FY2001-2002 Budget.

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