PRESENT: Mayor Marshall Guy; David Helms, Sam Mutter, Mel Leaman, Ralph Price, James Gates, and Eugene Hendrick, Council Members; Town Manager Henry Booker; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Officer Shawn Conklin.

MINUTES: Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the minutes of the meeting of 5/15/00 were approved as written and distributed.

VISITORS: Linda Rector, Margaret Bowman, Ken Heath

REQUEST FROM MARION DOWNTOWN! TO CLOSE PORTIONS OF MAIN STREET AND CHURCH STREET FOR CERTAIN PERIOD OF JULY 14,15,16, 2000: Ken Heath, Executive Director/Marion Downtown!, requested the following street closures:

Staff recommendation is to approve with the following conditions: 1) That the sponsor coordinate all traffic control through the Marion Police Department. 2) That the sponsor be responsible for erecting and removing barricades. Barricades will be supplied by the Town. 3) That the sponsor be responsible for cleaning up any litter or debris generated by these events. 4) That Church Street be reopened: A) Friday, July 14 from 11:30 p.m. to 6:00 a.m., Saturday, July 15; and B) Saturday 6:00 p.m. until 6:00 a.m., Sunday, July 16.

Upon motion of Mr. Mutter seconded by Mr. Helms and vote of 6 AYES and 0 NOES, the request was approved, with conditions.

REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION - 304 W. CHERRY STREET - ROBERT CONTRINI: Mr. Contrini requested a Special Use Permit to conduct a locksmith business from his residence. A Public Hearing will be conducted to consider this request on June 19, 2000 at 7:00 p.m.

REAPPOINTMENT OF EUGENE HENDRICK TO THE BOARD OF COMMISSIONERS OF DISTRICT THREE GOVERNMENTAL COOPERATIVE: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, Mr. Hendrick was reappointed to District III Board of Commissioners.

CONSIDERATION OF COST SHARING PROPOSAL WITH SPECTRUM DESIGN FOR HANDICAPPED RAIL: The final item required for final Certificate of Occupancy on the Municipal Building is modification of the handicapped rails. The initial design, approved by the Building Inspector, was installed as designed, upon inspection, the Building Inspector disapproved the design. The cost of refitting to the proper rails is $1,120. Spectrum Design has offered to pay 50% of the cost of retrofit. The Building Committee reviewed this item and requested it be referred to Town Council for approval. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the request was approved.

COUNCIL APPOINTMENT TO THE COUNCIL SEAT VACATED BY PAT HELMS: As of July 1, 2000, David P. Helms will become Mayor of the Town of Marion and will vacate his Town Council seat. Members of Council may appoint a person to fill Mr. Helms seat within 30 days of the vacancy. Mayor Guy appointed Mr. Price as a special member to the Personnel Committee to review nominations for this position, as Mr. Helms felt it is better not to select the candidate for his vacated position.

REVIEW OF BIDS FOR PENDLETON STREET WATER PROJECT: Bids have been secured for the South Commerce Street Waterline Replacement Project. The apparent low bidder is Teaters Trucking, Inc. The low bid amount was $96,650. Recommendation was to accept the low bid after receipt of proper Bonding and Insurance Documentation. Upon motion of Mr. Price, seconded by Mr. Helms, and vote of 6 AYES and 0 NOES, the low bid was awarded to Teaters Trucking, Inc.

PUBLIC HEARING FOR 2000-2001 BUDGET: A Public Hearing was set for June 19, 2000 at 7:00 p.m. to received input on the FY 2000-2001 Budget.

SPECIAL MEETING TO CLOSE END OF YEAR MATTERS: A Special Meeting was scheduled for June 30, 2000 at 5:00 p.m. to close end of year matters.

STREET LIGHT COMMITTEE - REQUEST FOR LIGHT AT 810 CUMBERLAND STREET: Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the request was continued.

POLICE COMMITTEE-STATUS ON POLICE CHIEF RECRUITMENT: Interviews have been scheduled on June 12 and June 15 to consider applicants.

BUILDING COMMITTEE-REPORT ON SOUND SYSTEM FOR COUNCIL CHAMBERS: Ken Heath reviewed the current voice amplification system and shared an upgrade proposal from Sam B. Belew. The cost for the upgrade is $6,615. The Town could get a $950 credit for existing microphones. The Committee recommended that rather than replace the existing system, to request the price for 6 additional microphones and to make a determination as to whether the existing pre-amplifier will accommodate the additional microphones. This item was continued.

BUILDING COMMITTEE - PAYMENT ON FIRE STATION: The architect for the Fire Station Project, Cameron Wolfe, has stated that the contractor, Associated Construction, has agreed that from the final payment, twice the value of the punch list be deducted and that the Bond will protect the sub-contractors. Therefore, the Town is legally obligated, by contract, to pay the contractor. The Committee recommendation is to withhold $10,300 and release the balance of funds, less accumulated interest. The $10,300 would be paid upon completion of the punch list. Upon motion of Mr. Price, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, Council agreed to pay Associated Construction $79,774.10.

MUNICIPAL BUILDING RENOVATION: Mr. Booker notified Council that the Town is withholding payment for Spectrum Design in the amount of $2,489.72 pending completion of the Building.

WATER COMMITTEE-REPORT ON TOWN SPRINGS: Upon recommendation of the Town Attorney, the water line to the Alvin Jones claim has been reconnected.

WATER COMMITTEE-REPORT ON COMMERCE/PENDLETON/MAIN STREET WATER PROJECT: Mr. Booker advised that the Pendleton and Main Street portions of the water renewal project will be done at night. Ken Heath contacted the merchants in the area and they are in agreement to the night work. Low bidder for the project is Teaters Trucking, Inc.

WATER COMMITTEE-REPORT ON LUCKY LANE: The County has offered the Town rights of first refusal to provide water service to the residents of Lucky Lane. Lucky Lane is located on State Route 16, just past the entrance to Hungry Mother Park. We currently have water service in the area. The Committee's recommendation is to make the following offer to the residents of the area and allow them, as a group, to chose between Town and County water: A) Residents to provide the Town with a 10 foot permanent easement and a 20 foot construction easement; B) Residents to install the new water line at their cost and at Town standards and dedicate the line to the Town; C) Resident to pay normal tap and meter fees to the Town; D) Town will provide the first 50 feet of installed water line and provide regular water service to the community. Upon motion of Mr. Price, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, Council voted to offer this solution to Smyth County. Seven residents are affected by this service.

PAVING SCHEDULE: Mr. Hendrick discussed the paving schedule. Mr. Mutter moved that the schedule be approved, as presented. The motion was seconded Mr. Helms and carried by a vote of 6 AYES and 0 NOES. Mr. Booker noted that VDOT has relaxed the regulations of funding on betterment of streets, however, it must not be new construction.

VEHICLE DONATION: Mayor Guy informed Council that the Town has received two (2) vehicles donated to the Senior Citizen Center by the family of W. W. Scott, Jr.

SMYTH COUNTY COMMUNITY HOSPITAL: Mr. Fenyk requested approval of an increase in the refund amount to Smyth County Community Hospital for taxes paid. The Virginia Supreme Court ruled that Francis Marion Manor Nursing Home is tax exempt. The revised amount to be refunded is $10,715.85. Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, the revised amount was approved for payment.

DOWNTOWN APARTMENT PROJECT: Mr. Mutter requested an update on the Downtown Apartment Project. Mr. Heath reported that 6 apartments are more than 50% complete, 8 new apartments above Hayden's World are nearly completed, and plans to renovate 6 more are underway. There are no handicap accessible apartments in this project. Mr. Mutter also asked if any progress is being made in recruiting a grocery store, drug store or physician's office in the Downtown area. Mr. Heath responded that Rita's Market is expanding their grocery line but MDRA has not been successful in securing in other stores for downtown. They will continue to search for these businesses.

INCUBATOR: Mr. Heath stated that there is a need to generate interest from small businesses or those just starting a business.

FOWLER STREET EXTENSION: Mr. Mutter asked if design for the project is on target. Mr. Hicks advised that he has met with W-L and performed a profile. It will be ready to submit to VDOT within two (2) weeks. Mr. Price inquired as to the proposed start date. Mr. Hicks stated that that will depend upon VDOT approval. He added that the engineering will be performed in-house and W-L is read to proceed as soon as approval from VDOT is received.

PRATER LANE CROSSING: Mr. Helms requested an update on the Prater Lane Crosing Project. Mr. Hicks advised that he contacted the railroad a month ago and has had no response. He will follow up on these contacts.

SOCCER: Mayor Guy congratulated the Marion Senior High School Boys Soccer Team in repeating as Highlands District Champions and Regional IV Champions. Dr. James Gates is the coach of the Hurricane Team.

CURB PAINTING: Mr. Price commented on how nice Main Street looks and asked if the Town intends to paint the curbs. Mr. Booker advised that the project is scheduled for later this summer.

REMOVAL OF OLD CARS: Mr. Price stated that there are still old cars parked along the streets of Marion. Mr. Hicks stated that letters have been sent to these individuals to tag, cover or removed them. His staff will follow up on these letters.

WELCOME TO MARION SIGN/ROUTE 16 AND NORTH MAIN STREET: Mr. Helms asked for a status report on these signs. Mr. Hicks advised that both projects are in progress.

MEALS TAX ORDINANCE: Mr. Booker reminded Council that changes in the Meals Tax should be reviewed and the Model Ordinance adopted.

Upon motion, duly seconded, and vote of 6 AYES, the meeting was adjourned.