PRESENT: Mayor Marshall Guy; S. S. Burkett, James Gates, Ralph Price, Eugene Hendrick, Sam Mutter, Mel Leaman, and David Helms (arriving late), Council Members; Town Manager Henry Booker; Town Attorney Mark Fenyk;

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

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Hendrick, and vote 6 AYES and 0 NOES, the minutes were approved as written and distributed. Mr. Mutter, Mr. Hendrick, Mr. Price, Mr. Burkett, Mr. Leaman and Dr. Gates voted affirmatively.

VISITORS: Tom Graham, Mary Briggs Graham, John and Deborah Blevins, Shirley and Dennis Lockhart, Caroline Seager, Alice Freeman, Ann Graybeal.

PUBLIC HEARING - REQUEST FOR SPECIAL USE PERMIT FOR PROFESSIONAL OR OFFICE USE AT W. COYNER AVENUE AND CHATHAM HILL ROAD - DEBORAH AND JOHN BLEVINS: Mr. & Mrs. Blevins requested that a Special Use Permit be issued to allow a family owned insurance agency to operate from the property. No one was present to speak against the request. Mr. Booker read the conditions proffered by the applicants. 1) That all Federal and State laws, along with all local ordinances be obeyed in general, and that Town ordinances pertaining to land use, noise, drainage, signs and parking be followed in particular. 2) That commercial signage visible be limited to two (2) flush mounted signs on the side of the building. 3) The property owner will provide off-street parking for any customers, delivery vehicles, or other vehicles associated with the business. 4) That the applicant acquire a Town of Marion Business License prior to beginning business. 5) That the applicant will make provisions for the private removal of any debris generated by the business. 6) That the Special Use Permit be revoked upon: A). Any period of 12 consecutive months in which there is not active office or professional 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; or D) upon the request of the applicant. Staff recommendation was to approve the request with conditions. Dr. Gates moved that the Special Use Permit be approved with conditions, as stated. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES. Mr. Mutter, Dr. Gates, Mr. Leaman, Mr. Hendrick, Mr. Burkett and Mr. Price voted affirmatively.

CONSIDERATION OF WATER SERVICE FOR CUSTOMERS ON S.R. 16 SOUTH: Negotiations on Water Contract with Smyth County are underway. This item was continued.

RESOLUTION PROCLAIMING NOVEMBER 21-28, 1999 AS BIBLE WEEK: Mr. Booker read the Resolution. Upon motion of Mr. Burkett, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, the Resolution was adopted.

JOB CORPS GYMNASIUM: Dennis Lockhart, Shirley Lockhart, Ann Graybeal, and Caroline Seager were present to complain about the gymnasium being constructed by the Blue Ridge Job Corps in their neighborhood. Alice Freeman was in attendance as a member of the Marion Planning Commission. Those opposed objected to the location of the gym. They feel that it is too close to the street and will lead to traffic and parking problems on the narrow street. Mr. Booker advised that the Town has obtained two (2) legal opinions on the Town's jurisdiction on this matter. Both have informed the Town that local government's do not have effective jurisdiction over a federal government project. John O'Mallery, Department of Labor, has informed the Town that they will allow the Town to review the plans and issue a zoning permit, if necessary. Mr. Fenyk advised that the statute prohibits the Town of Marion from filing suit against any federal government agency. Mrs. Graybeal complained that they encroached on her property and damaged it. After her complaint to the BRJC, her property was restored. Mrs. Freeman asked what type of materials are to be used in the construction of the project, height of the structure, parking provisions and general appearance of the gymnasium. Mr. Mutter asked if grievances concerning this project should be addressed to the federal government. Mr. Lockhart stated that the foundation is laid and that contractors have begun laying block. Mr. Price stated that he was unaware of the project. Mayor Guy asked that staff contact the BRJC, their contractor and architect concerning a public meeting with the Town and neighborhood about this project.

INVESTMENTS: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 6 AYES and 0 NOES, the Investment Report was approved. Mr. Mutter, Mr. Burkett, Mr. Price, Mr. Hendrick, Dr. Gates and Mr. Leaman voted affirmatively.

RECREATION COMMITTEE - CONSIDERATION OF BASKETBALL COURT AT STEELE PARK: Dr. Gates reported that the Recreation Advisory Committee, made up of staff, an elected official, and citizens recommended that Steele Park be renovated according to current plans and that basketball courts in residential areas have not worked out, therefore, there should be no basketball court. Two (2) residents of Iron Street were present at the Advisory Committee meeting. Dr. Gates moved that this item be dropped from the agenda. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 0 NOES.

RECREATION COMMITTEE - RIVERBEND PARK: Dr. Gates reported that it is the recommendation of the Recreation Advisory Committee that Town staff begin the bid process for Stage 1 of the project. They also suggested that the Town may be allowed to use Department of Corrections labor on this project.

STREET COMMITTEE - CURB CUT ON CHATHAM HILL ROAD: It was the consensus of Town Council that the request be denied.

STREET COMMITTEE - PARKING ON THE EAST AND NORTH SIDES OF COLLEGE STREET FROM MAIN STREET TO FUNK STREET: Parking in these areas will be restricted. Signs will be erected and warning tickets be given for a period of 30 days.

APPOINTMENT TO PLANNING COMMISSION AND BOARD OF ZONING APPEALS: Due to the recent death of Ernest Aker, the Town must fill his unexpired terms on Planning Commission and Board of Zoning Appeals. Mayor Guy requested that Council consider nominations and present them at the meeting of 12/6/99. It was suggested that those individuals selected be required to obtain formal training, which would be paid for by the Town.

TRAIN WHISTLE: Mr. Fenyk advised that N&S has requested to forego a preliminary injunction and pursue a speedy hearing. The Judge will decide if the Town is preempted . The Town shall prepare a witness list thru depositions. N&S witnesses will come to Marion. N&S has offered for their Safety Committee to meet with the Town of Marion. Mr. Leaman reported that the Town is awaiting a response from the Federal Regulations Administration. Mr. Hendrick reminded Council that regulations will be in place no sooner than December, 2000 to require blowing of whistles at crossing. Mayor Guy directed staff to schedule a meeting with the N&S Safety Committee.

RODNEY DALE JONES - VIRGINIA SUPREME COURT: Mr. Fenyk advised that the Rodney Dale Jones case has been heard by the Supreme Court and a decision is expected in February, 2000.

DISPOSITION OF BID BOND: Mr. Fenyk reported that the attorney for the contractor (Streetscape Project) contends that the plans were changed and thus there was no agreement.

Mr. Helms arrived.

SIGNS FOR POLICE DEPARTMENT: Mr. Price asked that signs be erected to direct citizens and visitors to the Police Department located on Park Street.

CONSIDERATION OF BACKHOE PURCHASE: Mr. Price requested an update on the purchase of a backhoe. The Equipment Committee is considering this purchase.

MUNICIPAL BUILDING RENOVATION PROJECT: It was noted that the building will not be completed by November 20, 1999, which includes a 30 day extension granted by Town Council.

PAVING: Mr. Hendrick reported that Fall pavings is not complete and those areas will be paved in the Spring.

LIGHT POLES: Mr. Helms asked that staff remove unused light poles prior to the Christmas Parade on 11/21/99.

LEAF PICKUP: Several members of Town Council have received complaints concerning leaf pickup. Mr. Booker advised that every effort is being made to pick these up. There is a problem with some employees being absent this time of year. It was suggested that perhaps County prisoners could be used on this project.

NICK'S CREEK WATER BILL: Mr. Helms stated that the Town Water Committee and Smyth County Water Committee met to discuss this bill. The bill was inadvertently unbilled since the time that the meter was moved. The Committees discussed the problem and the County was to review their records concerning this bill. He noted that the press had blown the situation out of proportion. This matter continues to be under consideration.

REQUEST FOR SPECIAL USE PERMIT - "WINDSWEPT" - APPLICATION BY MARLIN AND JANE WEAVER: Mayor Guy stated that a request for a Special Use Permit has been received from Marlin and Jane Weaver, 316 John Street. They plan to operated a host home at their residence. Upon motion, duly seconded, and vote of 6 AYES and 1 NOE (Leaman), a public hearing was set on 12/6/99 at 7:00 p.m., at the Recreation Building, 100 Chilhowie Street, Marion, VA 24354.

VIRGINIA SOUTHWEST BLUERIDGE HIGHLANDS, INC. - PRESENTATION ON 12/6/99: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Council voted to allow this presentation on 12/6/99. It was noted that the Town of Marion had budgeted $6,000 to this group a part of matching grant funds. The grant was not funded and these monies will not be needed (#1060761700).

LIGHT FIXTURES BEHIND FORMER POST OFFICE: Dr. Gates asked that any unused fixtures be removed.

EQUIPMENT COMMITTEE - BUCKET TRUCK: Mr. Mutter asked for status report on upgrading the bucket truck. Mr. Booker reported that one used truck has been located. It is a demonstrator in the amount of $63,000. Mr. Hamm has been searching elsewhere for comparison.

TAXES: Town of Marion 1999 Real Estate and Personal Property Taxes were mailed 11/15/99.

FIRE STATION LOAN/RURAL DEVELOPMENT: Mr. Booker advised that Rural Development has requested additional information prior to closure of the loan.

CLOSED SESSION: Pursuant to VA Code 2.1-344 (A7) and upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 7 AYES and 0 NOES, Council entered into Closed Session for the purpose of discussion of potential litigation. Mr. Hendrick moved that Council reconvene to public session and that it be known that only those matters legally allowed were discussed during the closed session just concluded. The motion was seconded by Mr. Price and carried by a vote of 7 AYES and 0 NOES. Mr. Price, Mr. Mutter, Mr. Hendrick, Mr. Leaman, Dr. Gates, Mr. Helms and Mr. Burkett voted affirmatively.

BID BOND: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, Council instructed the Town Attorney, Mark Fenyk, to issue a counter proposal not to exceed $10,000. Mr. Mutter, Mr. Leaman, Mr. Price, Mr. Burkett, Mr. Hendrick, Mr Helms, and Dr. Gates voted affirmatively.

BLUE RIDGE JOB CORPS GYMNASIUM: Dr. Gates moved that the Town of Marion not enter into any joint litigation against the U. S. Government concerning the construction of a gymnasium at the BRJC. The motion was seconded by Mr. Price and carried by a vote of 5 AYES and 2 NOES (Helms, Burkett).

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