PRESENT: Mayor David P. Helms; Samuel S. 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 Chief Michael Roberts; Town Attorney Mark Fenyk.

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

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the minutes of the meeting of 6/18/01 were approved as written and distributed. Messers Burkett, Mutter, Hendrick, Cregger, Leaman, Gates, and Price voted affirmatively.

Upon motion of Mr. Burkett, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, the minutes of a Special Meeting held on June 29, 2001, to close fiscal year matters, were approved as written and distributed. Messers Burkett, Price, Gates, Leaman, Cregger, Hendrick and Mutter voted affirmatively.

VISITORS: Shirley Blackwell, Ruth Hartsock.

INTRODUCTION OF PROMOTED OR NEW EMPLOYEES-GARY MCBROOM: Mr. Clark introduced Gary McBroom, recently promoted to Utility Worker II.

ACCEPTANCE OF BID FOR PORTION OF PARKING LOT OFF NORTH MAIN STREET-TOWN MANAGER: Mr. Clark reported that this property has been determined to be surplus property by Marion Town Council and advertised for bids, due 5:00 p.m. on June 25, 2001. Only one (1) bid was received. It was from Francis Brothers, Inc. in the amount of $2,250. Upon motion of Mr. Leaman, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, the bid for purchase of a portion of the Town Parking lot off North Main Street was awarded to Francis Brothers, Inc.

LIST OF FIRE DEPARTMENT PURCHASES FOR JUNE, 2001: Purchasing Agent Billy Hamm had prepared a list of purchases from WalMart made for the Fire Department, as requested. They are as follows: a) 13 rolls of lawn fabric for re-mulching landscape around the Fire Station at $14.97 each for a total of $194.61; b) 1 fire extinguisher for town vehicle - $26.77; c) 9 packs of batteries at $6.97 each - $62.73; for a total of $284.11 (Code #1032200-6021). This information was prepared at the request of Mr. Price.

PETITION FROM RESIDENTS ON UNOPENED PORTION OF THIRD STREET BETWEEN VIRGINIA AND LOOK AVENUES-TOWN MANAGER: Mr. Clark reported that requests to close an unopened portion of Third Street between Virginia and Look Avenues have been received from Nancy M. Lowe, Charles E. Rowland, William O'Shea and Barry Blevins. Mr. Fenyk advised that a fee for administrative services and advertising shall be paid by the person making the request to close a street. Mr. Leaman encouraged the Town to look at all paper streets and determine their usefulness to the Town. Mr. Hendrick felt that Town Council should review each request to close streets on an individual basis, as requested. Mr. Mutter asked, "What is the benefit to the Town to close this portion of Third Street?". Mr. Clark advised that a public hearing will be held to determine this question. Mr. Leaman moved to begin the process to vacate the street, as requested. Mr. Cregger seconded the motion. Council approved the same by a vote of 6 AYES and 1 NOE (Mutter).

PUBLIC INFORMATION PLAN ON 2020 TRANSPORTATION-TOWN ENGINEER: The Town of Marion 2020 Transportation Plan Public Information Meeting has been scheduled for Monday, July 16, 2001 from 5 p.m. to 7 p.m. at the Municipal Building in Marion. VDOT will submit the notice to the newspaper. Mr. Heath will be requested to also publicize this on TV3.

SUBMISSION OF REQUEST FOR PROPOSALS FOR PARK BOULEVARD HIKING/BIKING TRAIL-TOWN MANAGER: Mr. Clark reported that this item was advertised for proposals. Bids for the project were due on Friday, June 29, 2001. Six (6) bids were received. He reminded Council that a $10,000 local match was required for the $40,000 VDOT grant. The Town portion will be $6,000 and $4,000 from Smyth County. Mr. Fenyk advised that an additional grant application for funds, in the amount of $250,000, was due before the Request for Proposals for Engineering Services were received. Dr. Gates moved that a representative of the Smyth County Board of Supervisors be included in the selection process for the engineering firm. Mr. Leaman seconded the motion which carried by a vote of 7 AYES and 0 NOES.

FOWLER STREET EXTENSION AND SUBDIVISION: Town Engineer Cecil Hicks reported the concurrence of VDOT on the design. A copy has been forwarded to the developer for review.

TREE CITY: Shirley Blackwell, representing the Tree City, USA Group, spoke to Council concerning the process to become a Tree City, USA Community. The program is sponsored by the Arbor Day Foundation. There are four criteria to becoming a Tree City, USA Community. They are: 1) Appointment of a Tree Board, consisting of volunteers with Technical Advisors; 2) Adoption of a Tree Care Ordinance; 3) Spend $2 per capita on tree care (Town has met this item thru current services, inkind); 4) Arbor Day Celebration. Mrs. Blackwell requested the appointment of a Tree Board. The Board will establish a plan of work. She suggested a tree inventory and added that grant funds are available from the Forestry Division of Urban Communities to hire an intern for this service. Mr. Leaman expressed the Town's appreciation for its volunteers and moved that the Town proceed with selection of a Tree Board and get involved with Tree City, USA. Mr. Hendrick seconded the motion which carried unanimously.

PAVING REQUEST: Ms. Ruth Hartsock, 1224 Greer Avenue, requested resurfacing and/or paving on Greer Avenue. This item was referred to the Street Committee.

ACCEPTANCE OF BID FOR METERS IN BOOK 7-TOWN ENGINEER: Mr. Hicks reported that one bid was received for the replacement of water meters included in Book # 7. A bid of $59,450 was received from Teaters Trucking, Inc. Mr. Mutter suggested that requests for bids be placed in additional publications other than the local newspaper. Mr. Clark stated that bids for such projects will appear in both regional and local newspapers. Dr. Gates moved that the bid from Teaters Trucking, Inc. be accepted. Mr. Hendrick seconded the motion which carried by a vote of 6 AYES and 1 NOE (Mutter).

ACCEPTANCE OF BID FOR MARLEY MOULDINGS FIRE LINE METER: Mr. Hicks advised that this project was advertised and those requesting to appear on the Town bid list were notified. Three (3) contractors were present at the pre-bid conference. One bid was received. It was from Teaters Trucking, Inc. in the amount of $9,250, for labor only. It was noted that cost for materials is approximately $30,000. Mr. Mutter expressed concern that the Town is consistently sub-contracting projects. Mr. Hendrick stated that he has felt for some time that the Town should hire a construction crew for these types of projects. Mr. Hicks reported that the staff is working with Marley Mouldings on the most convenient time to perform work on this project.

Mr. Clark cited several recent in-house construction projects, such as, Harris Lane's 300 feet of replacement Water Line and North Street Drainage Line.

PRATER LANE RAILROAD CROSSING CLOSING-TOWN ENGINEER: Mr. Hicks reported that Town staff has met with the railroad representatives and VDOT on closing Prater Lane Crossing. The closing of this crossing would require that a two (2) lane road be constructed, prior to closing. $130,000 has been budgeted from VDOT for the project. An additional cost of utility work has been estimated at $80,000. VDOT has concurred with the estimate on utilities and have appropriated additional funds ($80,000) for utilities. VDOT has instructed the Town to proceed with bids on this project.

APPOINTMENT OF VICE-MAYOR: Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 6 AYES and 1 ABSTENTION (Burkett) Mr. Sam Burkett was re-appointed Vice-Mayor of Marion Town Council.

ADOPTION IN CHANGES OF CODE OF VIRGINIA, BY REFERENCE: Upon motion of Mr. Hendrick, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, changes in the Code of Virginia, by reference, were adopted. Adoption of the entire Code of Virginia, is especially important due to the Police Department. Messers Burkett, Hendrick, Leaman, Price, Cregger, Mutter, and Gates voted affirmatively.

BRUSH SYSTEM PICKUP: Mr. Price does not feel that this system is working. He requested that The Town Manager review the system of picking up brush. Members of Council concurred. Mr. Clark stated that he has ideas and suggestions. This matter was referred to the Sanitation Committee with Mr. Clark and Public Works Director Roy Burke.

STREET COMMITTEE-DRAINAGE SITUATION ON STALEY STREET: Mr. Hicks reported that his staff has performed a design study and water shed survey and determined that a 30 inch pipe should be installed to adequately carry the water from the area to the storm drain on North Main Street. Town staff will continue to work with D&D on this problem.

STREET COMMITTEE-VDOT ALLOCATION HEARING: It was noted that the S.Church Street project and North Main Street Railroad Crossing Alternatives continue to be at the top of the list of requests from the Town of Marion. Mr. Leaman suggested that the 2020 Plan projects be included in the list to be submitted to VDOT on July 11.

TECHNOLOGY COMMITTEE-WEBSITE: Mr. Clark advised that Terry Lee will meet with the Technology Committee at 2:00 p.m. on Thursday, July 5, 2001.

SUMMER PICNIC FOR EMPLOYEES AND STAFF: Mayor Helms invited Council to attend the Town picnic at the Town Shop at Noon on Friday, July 6, 2001.

SMYTH-BLAND REGIONAL LIBRARY: Mayor Helms invited those in attendance to a reception at the Smyth-Bland Regional Library for the new Director from 3:00 p.m. to 5:00 p.m. on July 8, 2001.

CHILI COOKOFF/TOWN TEAM: Mayor Helms asked that all Council Members interested in participating in a Town Chili Team for the Chili Cookoff on July 20, 2001, contact him after the meeting.

RIVERBEND PARK: It was noted that the architect has reviewed the plans and it is expected that a "notice to proceed" will be issued within one week.

ARBITRATION: Mr. Fenyk asked that a meeting be scheduled to prepare for the arbitration hearing on the Fire Station.

BUILDING COMMITTEE/LAUREL CREEK NURSERY: Mr. Fenyk requested a meeting of the Building Committee to discuss Laurel Creek Nursery on the Fire Hall project.

PARK BOULEVARD: Town staff was requested to clear brush and trees blocking site distance on Park Boulevard. Mr. Mutter stated that all intersections along Park Boulevard are in need of being trimmed back for safety purposes.

CURRIN VALLEY/TRAILERS: Mr. Cregger advised that he has not been able to contact Mr. Billings concerning removal of these trailers from Town property. Council decided that if the trailers have not been removed by July 9, 2001 that the Town will remove them.

MAIN STREET CURBS: Mr. Cregger commended the Town crew on painting the curbs in the downtown area.

DEER PROBLEM: Due to increasing encounters with deer on Oak and Prater Lanes, Mr. Hendrick suggested that "Deer Crossing" signs be erected.

ADELPHIA: Mr. Mutter reported that a response has been received from Adelphia Cable concerning the break down of the increase in rates to Town of Marion customers. A copy is on file in the office.

STRIPING/DALE RICHARDSON: Mr. Hicks stated that Dale Richardson has submitted a proposal to strip the Town streets. Mr. Richardson requested to use the Town's moonbuggy and that the Town purchase the paint. He will provide the labor and cited a price accordingly. $0.10/foot for single white line and $0.11/foot for double yellow line. The Town will furnish all equipment except trucks and hand held sprayer. Upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 7 AYES and 0 NOE, Council voted to contract with Dale Richardson to furnish labor and proceed with striping in Town.

POLICE AND PERSONNEL COMMITTEE ON POLICE DEPARTMENT VACANCY -COUNCILMAN MUTTER: A meeting of the Police and Personnel Committees was requested immediately following Town Council Meeting, July 2, 2001.

ROUND HILL CEMETERY: Mr. Clark reported that D. H. Russell has agreed to open and close graves in the pauper section for a fee of $425. He stated that, for this price, he would also maintain these graves. Mr. Russell has previously submitted a proposal to perform the labor necessary for the completion of opening and closing graves. Grass sod will be removed, saved and replaced with ground level being as close as possible to original contour. Excess earth will be hauled away to stock pile area. Earth refilled in grave will be compacted with a gasoline compactor. Any rock removal will be done strictly on an hourly basis. Graves will be marked by the Town. Cost for these services will be $475 for each opening and closing completed, with payments due at the end of each month.

JULY 4TH CELEBRATION: A fireworks presentation will be held at the Marion Senior High School Stadium on Wednesday, July 4th. The event is a community effort, with local businesses, industries and governments involved. Ann and Bob Dix will again coordinate the event.

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