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

INVOCATION/PLEDGE TO THE FLAG: Mayor Helms asked for a minute of silence in memory of those lost and the loved ones left behind in the terrorist attacks on our Country. Mr. Hicks rendered the invocation and Mayor Helms led the Pledge to the Flag.

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

VISITORS: Barry Blevins, Richard Saufley, Janet Parris, William Parris, Stuart Buchanan

INTRODUCTION OF NEW PUBLIC WORKS EMPLOYEES/CHAD HAYDEN AND WALTER BARRETT: Mr. Clark informed Town Council of the hiring of two new employees. Chad Hayden and Walter Barrett have been hired in the Public Works Department to replace two (2) retirees, Alvin R. McBroom, Sr. and Ray Lefler.

PUBLIC HEARING-ADOPTION OF AN AMENDMENT TO TOWN CODE SECTION 30-33-MAXIMUM PERMISSIBLE SOUND LEVELS: Richard Saufley, who operates an ice cream vending truck, was concerned that the chimes on his vehicles would violate the proposed ordinance. Chief Roberts did not feel that the tunes played from his vehicle would violate the proposed ordinance but asked that Mr. Saufley bring his vehicle to the Police Department and they would test the system. Upon motion of Dr. Gates, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, Council adopted these changes to the Town Code, as published. Messers Burkett, Mutter, Hendrick, Cregger, Leaman, Price and Dr. Gates voted affirmatively.

HANDICAPPED PARKING: Janet and William Parris were present to request handicapped parking spaces on each block of Main Street. Mrs. Parris, 237 Jerry’s Creek Road, Chilhowie, Virginia, is handicapped and volunteers at a business located on Main Street. She had previously requested handicapped parking spaces on Main Street. She had been advised that such spaces are located on the Town parking lot on Town Street, Church Street and Broad Street. She stated that she had contacted the Chief of Police, Town Manager, and Downtown Executive Director. Mr. Hendrick advised that the Street Committee has studied her request and been advised by VDOT that there is not enough room on Main Street to properly and safely accommodate a handicapped parking space. Mrs. Parris stated that she has contacted an Americans with Disabilities attorney, Linda Harris, who has advised her that the Town may designate parking spaces although not "van accessible". Following discussion, Mr. Cregger moved that this matter be referred to the Street Committee and that Mr. Clark contact VDOT concerning regulations. Mr. Leaman seconded the motion, which carried by a vote of 7 AYES and 0 NOES.

REPORT ON ADDITIONAL INFORMATION ON PROPOSED LEASING OF FIRE EQUIPMENT: Mr. Clark announced that a meeting has been scheduled for Tuesday, September 25, 2001 at 5:15 p.m., in the Municipal Building. This item was continued.

REQUEST TO CLOSE UNOPENED PORTION OF THIRD STREET BETWEEN LOOK AND LINCOLN AVENUES-TOWN MANAGER: Barry Blevins was present to inform Council that adjoining property owners have agreed to meet the stipulations set forth by the Town to vacate a portion of Third Street. They agree to pay all costs associated with the procedure, including, survey, advertisement, certified letters, deed preparation, attorney fees, and recording fees. Mr. Hendrick moved that the Town vacate and convey the portion of Third Street between Look and Lincoln Avenues with the stipulation that the four (4) property owners bear all expenses with dedication of a 20 foot easement down the center and that four (4) deeds be recorded. He added that property owners comply with all conditions within one (1) year or the vacation of a portion of Third Street will be declared null and void and revert back to the Town of Marion. Mr. Cregger seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messers Burkett, Price, Leaman, Cregger, Hendrick, Mutter and Dr. Gates voted affirmatively.

HIKING/BIKING TRAIL: Mr. Clark advised that Anderson and Associates cannot prepare a cost estimate on the project until work parameters of the Preliminary Engineering Report are identified including alignment of the trail cost estimates and environmental clearances are determined and confirmed. He stated that a meeting has been scheduled on September 24, 2001 at 1:00 p.m. to discuss the Hiking/Biking Trail.

ACCOUNTS: Several members of Town Council expressed concern that Department Heads and Administrative Personnel should exercise more control upon purchases. Mr. Clark advised that this matter will be discussed at the Staff Meeting on Tuesday, September 18, 2001 and procedures put into place eliminate to this problem. Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of 4 AYES and 3 NOES (Mutter, Price, Cregger), Town Council approved payment of the Accounts in the amount of $387,486.69.

INVESTMENTS: No funds were renewed or invested for the month of September 2001.

REQUEST FOR SPECIAL USE PERMIT-ENGINEERING: A request has been received from Jerry Haga, 1056 Hollow Road, for a Special Use Permit to operate a locksmith business from his home. Upon motion of Mr. Mutter, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, a Public Hearing was scheduled for October 18, 2001 at 7:00 pm to consider this request.

APPOINTMENTS/MARION REDEVELOPMENT AND HOUSING AUTHORITY: Upon motion of Mr. Burkett, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, Betty Barker and Danny Rose were reappointed to the Marion Redevelopment and Housing Authority Board of Commissioners. The terms shall expire 9/14/05.

APPOINTMENTS/TOWN OF MARION BOARD OF ZONING APPEALS: Mr. Mutter moved that Henderson Graham be recommended to Circuit Court for reappointment to the Board of Zoning Appeals. The motion was seconded by Dr. Gates and carried by a vote of 6 AYES and 1 NOE (Price). The term shall expire 9/20/05.

RESOLUTION CONDEMNING THE RECENT TERRORIST ATTACKS UPON AMERICA: Mayor Helms read a Resolution condemning terrorist attacks in New York, Washington and the crash of a hijacked airplane in Pennsylvania. Upon motion of Mr. Mutter, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, the Resolution was adopted.

DONATION TO FAMILIES AFFECTED BY THE TERRORIST ATTACKS: In reinforcing the Resolution, Dr. Gates moved that Council and the citizens of the Town of Marion contribute $3,000 to the appropriate agency for rescue workers families. Mr. Burkett seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messers Burkett, Mutter, Hendrick, Cregger, Leaman, Price and Dr. Gates voted affirmatively.

STREET LIGHT COMMITTEE-JOHN STREET REQUEST: Upon motion of Mr. Cregger, seconded by Mr. Price and vote of 7 AYES and 0 NOES, this item was continued.

SUB-LEASE FOR HAPPY’S RESTAURANT-TOWN ATTORNEY: Town Attorney Mark Fenyk advised Council that the Hounshell’s (current tenant) have formed Hounshell Properties, LLC and propose to transfer assets of Happy’s Inc. into this company. This would leave Happy’s Inc. with no assets. He advised that the Town request an indemnity agreement with the Hounshells. Mr. Leaman moved that Mr. Fenyk request the agreement that the Hounshells become a grantor. The motion was duly seconded and carried unanimously.

LAUREL CREEK NURSERY: Mr. Fenyk advised that he has submitted a release to Laurel Creek Nursery and expects it to be signed and returned.

WEST MAIN STREET/POSTON STREET: Mr. Burkett requested that the Town repair holes in the curbing and sidewalk in this area. Staff reported that they were aware of the condition of the curbing and sidewalk and had recommended repairs. Some of the residents in the area did not want the sidewalk replaced. Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this matter was referred to the Street Committee.

ARMED FORCES RESERVES: Mr. Mutter asked if the Town had employees in the Armed Forces Reserve System. Chief Roberts advised that the Police Department has two officers in the reserves. Mrs. Sheets advised that there is also one at the Sewer Plant. Mr. Mutter suggested that in the event that those at the Police Department are called to duty, authorization be considered to allow other officers to work overtime to cover their duties.

ENGINEER’S MONTHLY REPORT: Mr. Mutter questioned Mr. Hicks concerning the ongoing Meter Replacement Project. Mr. Hicks stated that $50,000 is budgeted each year to upgrade the meters in the Town’s system. Mr. Mutter asked how long it would take to complete the project. Mr. Hicks advised approximately 5 years. Mr. Mutter instructed Mr. Hicks to present a long-range plan for Meter Replacement.

ENGINEER’S MONTHLY REPORT: Mr. Mutter questioned Mr. Hicks concerning the Romans Street Storm Sewer Project. Mr. Hicks advised that the project has been expanded to dig the ditch deeper and the old system to be replaced. Mr. Mutter asked when the project would begin and Mr. Hicks responded that it would be constructed in-house as soon as Town Crews are available. Mr. Mutter instructed Mr. Hicks to prepare a Project Plan, including projections on when the project will begin and anticipated completion date.

ENGINEER’S M0NTHLY REPORT: Mr. Mutter requested an update on the sewer project on Court Street that will affect the Smyth County Jail. Mr. Hicks advised that the materials have been ordered and the project cannot continue until these are received. Mr. Hicks further reminded Council that Smyth County will pay for the materials and the Town will provide the labor on this project. Mr. Hicks stated that he would contact the company from which the materials were ordered for a projected delivery date.

FOWLER STREET: Mr. Hicks reported that the Town is nearly finished with utility adjustments on Route 16. Upon completion, the contractor can start their necessary cut and fill on Route 16.

PRATER LANE: Mr. Hicks informed Council that the utility permitting process is underway. The old sewer line along Chilhowie Street to Elkton Street will be relocated. The Engineering Department will prepare a plan to replace the old line.

STALEY STREET DRAINAGE: Mr. Hicks informed Council that that he and staff continue to work with D & D Construction, owners of the property to the west of Staley Street, concerning the drainage problem.

RIVERBEND PARK: Grading has begun on site. Adjustments had to be made to elevations of the grade. A fence will be installed along the railroad right of way. Mr. Hicks requested that the fence be extended an additional 100 feet.

CHRISTMAS LIGHTS: Mr. Price stated that the Christmas Decorations have arrived. He asked where they are currently stored and where they will be stored after the Holiday display. Mr. Clark advised that they are in the shipping boxes at the Town Shop and will probably be stored in the barn at the Sewer Plant after the Holiday season.

INSURANCE COMMITTEE: Mr. Price requested that the Insurance Committee convene to discuss a bill passed in February 2001 that would allow Council Members to participate in the Town Group Insurance Plan.

CORPORATE LIMIT SIGN: Mr. Cregger stated that the new Corporate Limit Sign on Chatham Hill Road was inappropriately displayed and has been knocked down. He requested that the sign be installed properly and erected as soon as possible.

AMERICAN ELECTRIC POWER FRANCHISE ORDINANCE: Mr. Hendrick advised Council that the deadline to begin advertising the AEP Franchise Ordinance is approaching. Mr. Fenyk stated that he had faxed the proposed Ordinance to Mr. Dan Adams for review. Mr. Fenyk was asked to contact Mr. Adams concerning this matter.

PURSUANT TO CODE OF VIRGINIA, AS AMENDED, SECTION 2.1-344 (A7) and upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss litigation concerning Jones vs Town of Marion. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the previous motion and legally exempted from Open Session were discussed. Mr. Price seconded the motion. Town Council approved the same by a vote of 7 AYES and 0 NOES. Messers Burkett, Price, Leaman, Cregger, Hendrick, Mutter and Dr. Gates voted affirmatively.

JONES VS. TOWN OF MARION: Mr. Burkett moved that the Town Attorney offer Mr. Alvin Jones the amount of $10,000 to settle and purchase his three (3) inches of water rights at the Town Springs. Mr. Hendrick seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

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