PRESENT: Mayor Marshall Guy; S. S. Burkett, Sam Mutter, Mel Leaman, Eugene Hendrick, David Helms, James Gates and Ralph Price; Town Manager Henry Booker; Town Engineer Cecil Hicks; Police Chief Charles Overbay; Police Sgt. Richard Henderson and Town Attorney Mark Fenyk.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Helms , and vote of 7 AYES and 0 NOES, the minutes of the meeting held 5/17/99 were approved as written and distributed. Mr. Price, Mr. Mutter, Mr. Helms, Mr. Burkett, Mr. Leaman and Mr. Hendrick voted affirmatively.

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Mr. Hicks and Mayor Guy led the Pledge to the Flag.

VISITORS: Ashley Russell, Amber Russell, Aleska Russell, John Harrison, Trevor Richardson, Betty Russell, Austin Russell, Barbara Steele, Regina Roberts, Alice Freeman, John Taminger, Henderson Graham, John C. Tate, Debbie Overbay, Charles Harrington, Tom Whittaker, James Bowman, Dale Bowman, Shirley Burgess, William Burgess, Ralph Boehm, Dolores Boehm, Members of the Marion Senior High School Soccer Team.

RESOLUTION-MARION SENIOR HIGH BOYS SOCCER TEAM: Mr. Booker read Resolution 99-179 congratulating the Marion Senior High School Boys Soccer Team on a successful season, including the Highlands District Championship and the Region IV Championship with a record of 16 wins, 1 loss and l tie. Mr. Leaman moved that the Resolution be adopted. The motion was seconded by Mr. Burkett and carried by a vote of 6 AYES and 1 ABSTENTION (Gates).

SPECIAL USE PERMIT FOR HOME OCCUPATION/PUBLIC HEARING - 850 HOLLOW ROAD - JOHN C. HARRISON, JR.: Mr. Harrison proposes to establish a home business to retail radio-controlled miniature car parts and accessories. No one was present to speak for or against the request. Mr. Harrison proffered the following conditions: 1) That all Federal and State laws, along with all local ordinances will 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. 3) That there be no commercial signage 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 a Town of Marion Business License be acquired prior to beginning business. 5) That I will provide off-street parking for any customers, delivery vehicles or other vehicles associated with the business. 6) That I understand that the Special Use Permit may 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 property owners; 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. Mr. Mutter asked what size parcels would be delivered to the property. Mr. Harrison explained that they would be parts for miniature cars and would not be large packages. Upon motion of Mr. Leaman, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, the request was approved with proffered conditions.

FIRE DEPARTMENT - USE OF PARKING LOT BY BLUE RIDGE JOB CORPS EMPLOYEES: Mr. Booker stated that correspondence from Wayne Thee, Center Director, agreed that parking would be limited to daytime staff and would be responsible for locking the gate each night. Also, BRJC would require staff to utilize spaces on campus and behind the Fire Station prior to using on-street parking. Mr. Booker advised that the parking arrangement was made to: 1) Free up on-street parking on College Street; 2) to extend the life of the asphalt and reduce the change for mischief on Town property; 3) Help the neighborhood to the immediate West of the Fire Station; 4) The purpose of the lot is to allow public parking on those occasions that the training room is used by a community group. Following discussion and upon motion of Dr. Gates, seconded by Mr. Leaman, this item was continued for further study.

Several citizens were present to speak on behalf of allowing the BRJC to park in the lot during the day. Charles Harrington cited the congested parking on College Street. The street is narrow and difficult to navigate when cars are parked along both sides of the street. He and Mr. Tate are in favor of BRJC being allowed to park in the parking lot if they enter from Main Street. Mrs. Dolores Boehm was also in favor of allowing BRJC to use the parking lot. She stated that BRJC is one of Marion largest businesses and over-seen by the Federal Government. She further stated that the Fire Station is a public facility and should be available to anyone.

APPOINTMENT TO BOARD OF ZONING APPEALS: Dr. Gates moved that Bill Buchanan, 732 Scott Street, be recommended to be appointed to the Board of Zoning Appeals. Mr. Fenyk was asked to prepare an order for the Judge to make this appointment.. This appointment will be a five year term, to expire 6/7/2004. The motion was seconded by Mr. Mutter and carried by a vote of 7 AYES and 0 NOES.

DESIGNATION OF S.R. 16 AS A VIRGINIA SCENIC BYWAY: The Town of Marion has been notified by the Virginia Department of Conservation and Recreation that S.R. 16 from Volney to Tazewell is being considered for designation as a Virginia Byway. This designation is used for scenic routes in Virginia, and is used as an element in the State's tourism promotion. The proposal was initiated by Henderson Graham, John Taminger, Bill Lemmon and others. Dr. Graham and Mr. Taminger made brief statements endorsing the designation, citing availability of beautification grants and development of a bicycle trail among their reasons. Mr. Helms moved that the Town of Marion support the designation. The motion was seconded by Mr. Leaman and carried by a vote of 7 AYES and 0 NOES.

STEELE PARK: REQUEST FOR BASKETBALL COURT- BARBARA STEELE: Ms. Steele presented Town Council with signed petitions encouraging the Town to reinstall basketball goals and playground equipment to Steele Park. Several residents of the area were also in attendance. Mr. & Mrs. Bill Burgess were present in opposition to re-establishing the park. They cited bad language, drinking and drugs, small children unable to play and trash as reasons. Ms. Steele, Mr. Roberts, and Ms. Russell were present in favor of re-opening the park. They are requesting a place for recreation for their children and are willing to help enforce regulations on the park. Mayor Guy referred this request to the Police Department, Police Committee and Recreation Committee for study and report.

HENRY STREET WATER PROJECT - BIDS: Mr. Hicks advised that bids have been received on this project and the apparent low bidder was Teaters Trucking at $81,495. Mr. Burkett moved that the low bid be accepted. The motion was duly seconded and carried unanimously. Mr. Hicks advised that the project will begin 6/14/99 and will take 100 days to complete.

ALARM SYSTEM: Mr. Tom Whittaker, Precision & Sound Systems, asked if the Town has received notice that Smyth County will not continue to monitor alarm systems. Mr. Leaman advised that neither the Town or Smyth County 911 Committee has been informed that the County will not respond to alarm as agreed upon.

PARKING COMPLAINT - IRON STREET: Helen Roberts complained that parking of vehicles along both sides of Iron Street has caused problems, both navigating the street and ingress and egress from her property. Chief Overbay informed Council that a child was hit on that street recently. Mayor Guy referred this matter jointly to the Street Committee and Police Committee. Mr. Booker asked that the Committees expand their study to include other areas of Town.

NOISE ORDINANCE: Mr. Booker advised that the Safety Coordinator at Marion Composites assisted MPD in training for use of the noise meter. However, if the Town wishes to enforce the Ordinance, a new certified, tested for accuracy meter that is self-calibrating should be purchased. Discussion ensued. It was decided that the Ordinance is enforceable for stationary noise, but may not be effective for moving vehicles. Mr. Leaman moved that this matter be referred to the Ordinance Committee and Police Chief. The motion was seconded by Mr. Price and carried unanimously.

FREEDOM OF INFORMATION ACT: Mayor Guy informed Council that he recently attended an FOI Seminar in Wytheville and found it to be very informative.

MUNICIPAL BUILDING RENOVATION: Mayor Guy reported that the Municipal Building renovation is underway and progressing nicely.

OPEN HOUSE - EMERGENCY SERVICES: Mayor Guy stated that the Open House for the Marion Life Saving Crew, Marion Fire Department and Marion Police Department was held 6/6/99.

REPORT FROM ATTORNEY: Mr. Fenyk advised that the Swift Rail Transportation act granted the authority to regulate trains blowing whistles. The Secretary has not promulgated any rules. As the Secretary of Transportation has that authority, local government may be pre-exempted from the regulations. He advised that the Town should enforce the Ordinance and adopt a resolution to promulgate an exception to the legislature for the Town Marion. These should be sent to Representative Rick Boucher, Senator John Warner, and Senator Charles Robb. Mr. Leaman moved that the Ordinance be enforced and that the Resolution be drafted requesting an exception for the Town of Marion. The motion was seconded by Dr. Gates and carried unanimously.

MARION MANOR APARTMENTS: Mr. Price requested a progress report on the renovations to Marion Manor Apartments. Mr. Booker advised that he has been informed that at least one MRHA Board Member does not feel the Town is doing enough on this project. A meeting will be scheduled to discuss the project.

BUDGET WORK SESSION: Budget work session will be conducted 6/9/99 at 7:30 p.m.

CARE OF PREMISES/RIGHT OF WAYS: Mr. Helms urged staff to mow right of ways and repair streets (pot holes). He also asked for an update on "Care of Premises" letters.

STREET LIGHT REQUEST - HAMLET STREET: Dr. Gates asked that this item be continued. He stated that it appears that the request is to light a playground at the end of Hamlet Street. This property may belong to Marion Manor Apartments.

TRAFFIC LIGHT- CHESTNUT/MAIN STREETS: Mr. Hicks advised that a test is being conducted to determine the necessity of the traffic light at this location. The light will be covered and monitored.

MATSON DRIVE PROJECT: Mr. Hicks informed Council that the Matson Drive project has been changed to construction of a 110 foot box culvert. The Street Committee will review this project.

1999-2000 BUDGET - PUBLIC HEARING: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, a public hearing to consider the budget was set to be held on June 21, 1999 at 7:00 p.m. at the Recreation Building.

SPECIAL MEETING - TO CLOSE END OF YEAR MATTERS: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, a Special Meeting to close end of year matters was set to be held on June 30, 1999 at 5:00 p.m. at the Recreation Building.

RECREATION COMMITTEE - APPOINTMENTS: It was noted that the terms of three members of the Recreation Committee have expired. Darrell Lee and Wava Osborne may not be reappointed due term limitations. David Hopkins may be reappointed. Recommendations for these positions should be submitted as soon as possible.

SMYTH COUNTY COMMUNITY HOSPITAL - WELLNESS CENTER: Smyth County Community Hospital has requested assistance with upgrading Radio Hill Road leading to the proposed site of the Wellness Center. They plan to request assistance from Smyth County as well. This matter was referred to the Street Committee.

Pursuant to VA. Code Section 2.1-344 (A1) and upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, Council entered into Executive Session to discuss personnel matters. Upon motion of Mr. Hendrick, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Council returned to open session and let it be known that the only matters discussed in Executive Session were those lawfully exempted and identified. Mr. Hendrick, Mr. Mutter, Dr. Gates, Mr. Burkett, Mr. Leaman, Mr. Helms, and Mr. Price voted affirmatively.

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