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

INVOCATION/PLEDGE TO THE FLAG: Rev. Mozingo rendered the invocation and Boy Scouts Jeremy Powers and Brett Castrodale led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Burkett, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, the minutes of the meeting of 5/7/01 were approved as written and distributed. Messers Burkett, Mutter, Hendrick, Cregger, Leaman, Gates, and Price voted affirmatively.

Upon motion of Mr. Mutter, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the minutes of the Special Meeting to conduct a Budget Workshop was approved as written and distributed.

VISITORS: Billy Buchanan, Jeremy Powers, Brett Castrodale, Rev. Neville Mozingo.

UNITED CITIES GAS FRANCHISE ORDINANCE: This item was continued to the Public Hearing date of June 4, 2001.

CHRISTMAS DECORATIONS: Bill Buchanan informed Town Council that Marion Morning Rotary Club has raised $2,700 toward the cost of replacement of Town Christmas decorations. They challenged businesses and other civic clubs to donate $50 each for the project. Mayor Helms informed Mr. Buchanan that the FY 2001-2002 includes $6,000 toward the purchase of new Christmas Decorations. Mr. Buchanan stated that the Rotary Club would like to form a committee to select the decorations to include the Town Manager, Town Engineer and a member of Town Council. The committee would determine the type of decorations needed and how many to purchase. Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, this item was referred to the Town Manager, Town Engineer and Ralph Price for consideration and report.

WATER SERVICE REQUEST-LAUREL SPRINGS ROAD: Mr. Burkett moved that this item be continued. Dr. Gates seconded the motion, which carried unanimously.

REPORT ON MEETING WITH PEPSI-DECAL FEES: Mayor Helms stated that this item has been taken care of and decals have been purchased and are being displayed.

HUTTON BRANCH UPGRADE-REQUEST FOR DEED OF EASEMENT-SMYTH COUNTY: Mr. Cregger moved that this item be continued and that Town Attorney Mark Fenyk is in the process of reviewing it. Dr. Gates seconded the motion, which carried unanimously.

RESOLUTION-LIFE INSURANCE-VRS: Upon motion of Mr. Mutter, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, Council adopted the Resolution to participate in life insurance with Minnesota Life thru the Virginia Retirement System.

ACCOUNTS: Mr. Mutter moved that $366,483.30 be paid from the General Fund. This does not include payment of $47,946.79 to Highway Markings, Inc. until such time the Town Manager & Town Engineer and other Town officials review the bill. Dr. Gates seconded the motion, which carried by a vote of 6 AYES and 1 NOE (Hendrick). Messers Burkett, Price, Gates, Leaman, Cregger, and Mutter voted affirmatively. Mr. Hendrick felt that the bill had been reviewed by the Town Engineer and approved for payment by the same. Dr. Gates moved that if the Town staff determines that the bill is correct, the payment might be made. Mr. Mutter seconded the motion, which was approved unanimously.

INVESTMENTS: Dr. Gates moved that the Investments be approved as presented. Mr. Cregger seconded the motion, which carried unanimously.

APPOINTMENT-BOARD OF ZONING APPEALS MEMBER: Mr. Hendrick stated that W. D. "Bill" Smith was recommended to fill the vacancy on the Board of Zoning Appeals in the fall of 2000. Ms. Sheets reviewed the minutes of the meeting of August 4, 2000 and informed Council that Mr. Smith had been recommended to fill the vacancy. Mr. Fenyk will prepare the order to be submitted to the Court.

APPOINTMENT-PLANNING COMMISSION MEMBER: Mayor Helms requested a list of candidates to be considered to serve on the Planning Commission. Dr. Gates moved that this matter be continued. Mr. Burkett seconded the motion, which carried unanimously.

MARION SENIOR HIGH SCHOOL-REQUEST FOR DONATION TO HELP FUND AN FBLA NATIONAL LEADERSHIP CONFERENCE: Mrs. Sharon Cox, FBLA Adviser, requested a donation from the Town to assist in sending MSHS competitors to the National Leadership Conference in Orlando, Florida, June 28-July 3. Mr. Mutter moved that $500 be appropriated for the purpose of assisting in sending MSHS delegates to the National Leadership Conference. Dr. Gates seconded the motion, which carried unanimously. Messers Mutter, Gates, Burkett, Leaman, Price, Cregger, and Hendrick voted affirmatively.

VML INSURANCE PROPOSAL: The VMLP now offers optional no fault property damage coverage. This would cover damaged to property subsequent to the Town providing normal public service, which the Town is not technically liable for, according to the doctrine of sovereign immunity. Coverage would be provided on both the automobile and liability policies. The limit is $10,000 per occurrence. The premium is $2,062. Dr. Gates moved that this matter be referred to the Insurance Committee for study and report. Mr. Leaman seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.

RESOLUTION FOR ARC: Dr. Gates moved that the Resolution of Support of Reauthorization and Funding for Appalachian Regional Commission Program be adopted. The motion was seconded by Mr. Burkett, and carried unanimously.

REDISTRICTING OF SUPERVISORS-PUBLIC HEARING 5/29/01: A public hearing will be conducted by the Smyth County Board of Supervisors on May 29, 2001 at 4:00 p.m. to receive public comment on the proposed redistricting of Smyth County.

NATIONAL DAY OF PRAYER: Rev. Mozingo had expressed his appreciation for the National Day of Prayer held on the lawn of the Smyth County Court House recently. Also, Boy Scout Brett Castrodale commended the Town for supporting the spiritual and physical needs of the citizens of Marion.

STREET LIGHT COMMITTEE-REQUEST FOR LIGHT-625 LESLIE STREET-KATHERINE TRAIL: Mr. Cregger moved that this item be continued until a response is received from American Electric Power concerning the Town's request for an extended "arm" on one of the existing street lights in the area. Dr. Gates seconded the motion. Council continued the item by a vote of 7 AYES and 0 NOES.

POLICE COMMITTEE-DRAFT ORDINANCE TO ALLOW POLICE TO ENFORCE TRASH AND TRESPASSING ON PRIVATE PROPERTY: Town Council had been presented a proposed Ordinance to allow Town Police to enforce trash and trespassing on private property. Accompanying the proposed ordinance was a "Trespass Bar Letter" and "Trespass Enforcement Authorization Letter" to allow police officers to enforce these situations on private property. Mr. Hendrick moved that a public hearing be scheduled on June 18, 2001 at 7:00 p.m., in the Town Council Chambers, to consider adoption of this ordinance. The motion was seconded by Mr. Mutter and carried unanimously.

POLICE COMMITTEE-ORDINANCE PROHIBITING DRINKING OR POSSESSING ALCOHOLIC BEVERAGES IN OR ON THE TOWN PARKS: A draft Ordinance was presented to Town Council to prohibit drinking or possessing alcoholic beverages in or on Town parks. Mr. Mutter moved that a public hearing be scheduled on June 18, 2001 at 7:00 p.m., in Town Council Chambers, to consider adoption of this ordinance. Dr. Gates seconded the motion, which carried unanimously.

TECHNOLOGY COMMITTEE-WEBSITE: Upon motion of Mr. Leaman, seconded by Mr. Price and vote of 7 AYES and 0 NOES, this item was continued for further study.

BUILDING COMMITTEE-RIVERBEND PARK BIDS: Mr. Clark reported that the Committee recommended that the contract be awarded to Ken Construction minus the metal roof, at a cost of $220,200. They further recommended that alternative A (path) be included at a cost of $40,200. Total cost of the approved portion of the project is $260,400. Mr. Cregger moved that the project be awarded to Ken Construction. The project shall include Alternative A and an upgrade to architect shingles with a 30 year warranty. It was understood that cost of the upgrade of shingles would be above the contract price. Mr. Mutter seconded the motion which was approved by Town Council by a vote of 7 AYES and 0 NOES. Messers Hendrick, Cregger, Leaman, Gates, Price Burkett and Mutter voted affirmatively.

STREET COMMITTEE-REQUEST TO CLOSE A PORTION OF THIRD STREET-BARRY BLEVINS: Barry and Patty Blevins have requested that a portion of Third Street be closed. The street is currently a "paper" street. Mr. Clark had advised the Blevins' that they should acquire signatures of all adjoining property owners along the portion of the street they have requested to close. Upon receipt of these signatures, Council may begin the street closing process. He had also advised the Blevins' that the cost of advertisement, certified letters, and legal costs may be charged to the applicants, not to exceed $100. Mr. Fenyk recommended that an Ordinance be drafted to set the fee structure for closure of a street. Mr. Mutter moved that cost for processing an application for street closure be determined by the Town Manager using Code of Virginia 15.2.2006-2007 as a guideline. It was noted that the Town may or may not appoint viewers for this purpose. These will be considered on a case-by-case basis. The applicant will pay the cost of the viewers. The motion was seconded by Dr. Gates and carried unanimously. Mr. Clark advised that this item will be continued, awaiting the return of the petition as requested. This item was continued.

STREET COMMITTEE-HANDICAP PARKING-REQUEST TO INSTALL HANDICAP SPACE-315 E. MAIN STREET-PEARL BRADSHAW: Council discussed establishing a handicap space in front of a residence. They further noted that, if established, the parking space could be used by anyone. Another concern was that there is not enough room along East Main Street to properly install a handicap space. Mr. Mutter moved that the request be denied. The motion was seconded by Mr. Hendrick and carried by a vote of 5 AYES, 1 NOE (Price), and 1 ABSTENTION (Gates).

STREET COMMITTEE-REQUEST FOR EXEMPTION FROM 2-HOUR PARKING RESTRICTION DOWNTOWN-PATTY JOHNSON: Ms. Johnson requested that she be allowed unlimited parking on Broad Street. Ms. Johnson advised that she is on crutches and is unable to maneuver back and forth to relocate her vehicle. Mr. Hendrick stated that Chief Roberts did not feel that her request required action. He had stated that the Police know her vehicle and will honor her request not to issue a summons for 2 hour parking. Following discussion, Mr. Mutter moved that the request be denied. The motion was seconded by Mr. Cregger and failed by a vote of 3 AYES and 4 NOES (Leaman, Gates, Price, Burkett.)

STREET COMMITTEE-REQUEST TO REMOVE HANDICAP PARKING SPACE IN FRONT OF BUSINESS-107 BROAD STREET: It was reported that an exterminating business has located in the former Betty's Barber Shop building and requests that the handicap parking space in front of the business be removed. Mr. Leaman suggested that Council consider an area to relocate the space. Mr. Hendrick moved that the request be denied. Mr. Leaman seconded the motion. Council approved same by vote of 7 AYES and 0 NOES.

STREET COMMITTEE-SITUATION ON DOVER STREET CONCERNING LARGE TRUCK TRAFFIC: Mr. Hendrick moved that the "5 Ton Limit" sign on Wolfe Avenue be removed. Mr. Mutter seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

STREET COMMITTEE-2020 TRANSPORTATION PLAN: Mr. Hendrick moved that the 2020 Transportation Plan be set for public hearing on June 18, 2001 at 7:00 p.m., in Town Council Chambers. Mr. Mutter seconded the motion, which was unanimously approved.

POLICE-OFFICER KEVIN TESTERMAN: Mayor Helms and Chief Roberts attended the recent graduation of Officer Kevin Testerman from the Academy. Mayor Helms stated that it was a very impressive, professional ceremony.

D.A.R.E. GRADUATION: Mayor Helms invited those present to attend the D.A.R.E. Graduation of the Fifth Graders on May 22, 2001 at the High School Auditorium.

KATS: Mayor Helms informed Council that a special program on litter problems was being held at Chilhowie High School on May 21, 2001, sponsored by Kids Against Trash. The Town of Marion has agreed to donate a free pool party at the Town Pool as a door prize.

LUNCHTIME ON THE LAWN: Mayor Helms noted that Marion Downtown! Lunchtime on the Lawn will begin June 1, 2001. Town Council will assist in serving on that date.

ARBITRATION-FIRE HALL: This item was continued.

BILL OF COMPLAINT-ALVIN AND TAMMY JONES: Town Attorney Mark Fenyk had responded to the Bill of Complaint of Alvin and Tammy Jones. The Town of Marion, by counsel, demurs to the Bill of Complaint. Mr. Fenyk is awaiting a response from them.

TAXI CAB PERMIT: Ms. Beverly Widener has requested a permit to operate a taxicab business at 328 N. Main Street. She has filled out the necessary application and submitted it to the Chief of Police as required. Upon motion of Mr. Hendrick, seconded by Mr. Burkett and vote of 6 AYES and 1 ABSTENTION (Mutter), this item was set for public hearing on June 18, 2001 at 7:00 pm, in the Town Council Chambers.

SMYTH COUNTY FREE CLINIC: Mr. Leaman requested that Town Council consider a donation to the Smyth County Free Clinic. He moved that this item be referred to the Finance Committee for study and recommendation. Mr. Price seconded the motion, which carried by a vote of 7 AYES and 0 NOES.

HIGHLANDS DISTRICT SOCCER CHAMPIONS: Dr. Gates reported that the MSHS Boys Soccer Team recently won the Highlands District Soccer Championship. They will compete in the Regional Semi-Finals on May 31 at 6:00 p.m. at the field in Seven Mile Ford, VA. MSHS is the defending Regional Champions for two consecutive seasons.

MUNICIPAL BUILDING: Mr. Price asked if a contractor has been selected to repair the bricks on the steps of the Municipal Building. Mr. Clark advised that Ken Construction has agree to repair the steps.

FRANCIS BROTHERS-REQUEST TO PURCHASE TOWN PARKING LOT ON NORTH MAIN STREET: Mr. Clark advised that the plat was received May 17 and he will contact a certified appraiser. He will then advertise for sealed bids. The purchaser will pay cost of the appraisal, survey, advertisement and viewers. Mr. Cregger moved that Mr. Clark obtain an appraisal and then request for sealed bids, stating a minimum bid based upon the appraisal. The motion was seconded by Mr. Mutter and carried unanimously.

TOWN VEHICLES: In light of recent gasoline prices, a new form has been instituted when gassing up Town vehicles. Mr. Clark advised that these are in place and being used. Council had requested a list of all vehicles being driven home by selected Town employees. There are 11 of these vehicles. Mr. Clark was directed to review the list and make a recommendation on identifying those vehicles that provide essential and emergency services.

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