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

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Cecil Hicks and the Pledge to the Flag was led by Preston Brown, member of Boy Scout Troop 93.

MINUTES: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 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: Bill Naff, Adam Sparger, Kevin Montgomery, Andrew Voglewede, William Humsi, Levi Thompson, Mickey Humsi, Jane Weaver, Preston Brown, Brett Kiser, Nathan Don, Brian Newman, Ann Whitmore, Alice Freeman, Nelson Freeman, Lee Ann Prescott, Sharon Fenyk, Lou Don, Fleet Hower, Tom Hower, Debbie Peake, David Peake, David Peake, II, Sherman Mercer, John Sparger, Noah Hall, Barbara Coe, Joe Atkins.

SOUTHWEST BLUE RIDGE HIGHLANDS - KITTY GRADY: Kitty Grady gave an overview of the goals of Virginia Southwest Blue Ridge Highlands. The group promotes tourism in Southwest Virginia.

LINCOLN THEATRE-ANNUAL REPORT - LEE ANN PRESCOTT: Mrs. Prescott, Executive Director for The Lincoln Theatre, expressed the Foundation's appreciation for the support rendered in preparing to restore the Theatre. She informed Council that the fund raising is going well and is expected to continue to grow. She requested that the Town Council consider allowing the Lincoln Theatre offices to move into the former Police Building, when Town offices are moved back into the Municipal Building. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, the request was referred to the Building Committee for study and recommendation.

SPECIAL USE PERMIT REQUEST- PUBLIC HEARING - MARLIN AND JANE WEAVER - 316 JOHN STREET: The Weavers are requesting to be allowed to operate a Host Home at their residence. Their application was accompanied with five (5) letters from neighbors with no objection to their plans. Notification had been mailed to all abutting property owners. Mr. Booker explained the Weaver's plan and it was the staff recommendation that the request more closely relates to "guest rooms". During the Public Hearing, Noah Hall stated that he thought this was a good idea and would help tourism efforts. Tom Hower expressed concern the homes not be expanded for the purpose of renting rooms. It was noted that the rooms the Weaver's will rent are in the existing structure. Mr. Leaman stated that the Planning Commission is in the process of revising and updating the Zoning Ordinance and that these types of permits will be considered. Bed and Breakfasts, host homes, and guest rooms are becoming increasingly popular as an alternative to hotels and motels. Mr. Mutter expressed concern that there has not been enough research on this matter and with the number of individuals allowed to stay in the home. Mr. Leaman moved that the request be approved. The motion was seconded by Mr. Price and carried by a vote of 5 AYES and 1 NOE (Mutter).

Mr. Booker stated that the request is not in violation of the Town Ordinance or State Law and that every effort is made not to dilute the residential area.

BLUE RIDGE JOB CORPS CONSTRUCTION: Mr. Booker advised that the gymnasium is under construction and the Town has been assured by local legal opinions, the Department of Labor and in a recent court case that the Town has no authority in this project. A neighborhood meeting with the BRJC was held on December 1, 1999 to discuss the plans for the structure. The meeting was attended by Mayor Guy, Mr. Leaman, and Mr. Price. Mayor Guy stated that he thought it was a good meeting.

RESOLUTION PROMOTING HIGHWAY SAFETY DURING THE HOLIDAY SEASON (99-189) Mr. Booker read the Resolution to recognize November 19 throughout the year 2000 as increased driver safety among communities along Virginia Interstate 81. Upon motion of Mr. Hendrick, seconded by Mr. Burkett, and vote of 6 AYES and 0 NOES, the Resolution was adopted.

APPOINTMENT TO BOARD OF ZONING APPEALS: Mayor Guy had requested that members of Town Council consider nominations for an individual to fill the unexpired term of Ernest Aker on the Board of Zoning Appeals. The term will expire 9/20/2001. Mr. Hendrick moved that Henderson Graham be appointed to fill this unexpired term, contingent, upon his acceptance. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES.

APPOINTMENT TO THE PLANNING COMMISSION: Mayor Guy had requested that members of Town Council consider nominations for an individual to fill the unexpired term of Ernest Aker on the Planning Commission. Mr. Mutter nominated Richard Henderson. He stated that Mr. Henderson will retire from the Marion Police Department 1/1/00 and has agreed to serve, if appointed. Mr. Price nominated John E. Stringer. Mr. Stringer is Executive Vice President of the Bank of Marion and has also expressed interest in serving. Mr. Booker stated that it has been suggested to him that Cameron Wolfe be appointed to this position. Mr. Leaman suggested that individuals interested in serving on Boards and Commissions be required to state qualifications and be willing to accept related training. This item was continued to allow selection of a representative from those nominated.

APPOINTMENT TO THE MARION REDEVELOPMENT AND HOUSING AUTHORITY: The MRHA has two vacancies on their Board of Commissioners. The MRHA requests that Bill Huber be reappointed to the Board. The Authority is requesting that Donald Edwards be appointed. There is a requirement that a new position be established for a Senior Resident. Mr. Edwards is a Senior Resident of the Housing Authority and it is proposed that he be appointed to the Commission. Upon motion of Mr. Price, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Council approved the appointment of Donald Edwards as recommended by the MRHA. Upon motion of Mr. Price, seconded by Mr. Leaman and vote of 5 AYES and 1 NOE (Mutter), the appointment of Mr. Huber was continued.

PARKING COMPLAINT: Barbara Coe was present to object to the "No Parking" signs erected near the Blue Ridge Job Corps Center and that no warnings were given for violations. She requested that parking be permitted in this area. Town Attorney and several Town Council members explained that parking was eliminated as a safety issue on a frequently traveled, narrow street. The Town and BRJC had come to an agreement for employees and visitors to use the parking lot behind the new fire station and adjacent to the BRJC. Mrs. Coe contended that other areas of Town are more congested with on street parking. It was explained that this was an area that, with the additional available parking behind the fire station, could be rectified. Mr. Price suggested that BRJC establish parking on the grounds of the center. Mr. Hendrick stated that the Town has been working with Mr. Wayne Thee, Director of the Job Corps, on parking matters and the same has been discussed extensively at Town Council meetings. Mrs. Coe stated that she will continue to complain until parking is reinstated.

WATER COMMITTEE - REPORT ON COUNTY WATER CONTRACT : Mr. Booker advised that the County Water Contract is complete as presented and staff recommendation is for approval. The new rate will be $3.62 per 1,000 gallons of water. As a result of approval of the contract the Attoway (Rt. 16) water project may be completed. The system is in the ground and awaiting approval of the contract for a water source. Dr. Gates moved that the contract be approved. The motion was seconded by Mr. Burkett and carried by a vote of 6 AYES and 0 NOES. Dr. Gates, Mr. Burkett, Mr. Leaman, Mr. Price, Mr. Mutter, and Mr. Hendrick voted affirmatively.

PERSONNEL COMMITTEE - CHANGES TO THE PERSONNEL MANUAL - ENTRANCE AT THE MINIMUM SALARY: Reference is made to Section 3.04B of the Personnel Manual. This section requires that the salary of a new employee be set at the minimum unless the Town is unable to find an individual who is a fully qualified applicant who is willing to accept the minimum of the range. Also, an individual with exceptional qualification who is unwilling to take the minimum of the range may be employed above the minimum, provided that all employees in that class which are below the pay step of the new employee are brought up to that step. The Police Committee recommends that paragraph ‘B' be removed from the Code. Mr. Burkett moved that Section 3.04B be removed from the Personnel Manual. The motion was seconded by Mr. Hendrick and carried by a vote of 4 AYES and 2 NOES (Leaman, Price).

PERSONNEL COMMITTEE - HOLIDAY PAY: Reference is made to Town Code Section 5.06 of the Personnel Manual concerning Holiday Pay. This year, we had a number of employees call in sick the Friday after Thanksgiving. This was deer season and a number of employees were on vacation. Staff recommends that Council consider adding the following to Section 5.06: "Employees who have an unanticipated, unexcused absence or call in sick either the workday before or the workday after a holiday shall forfeit pay for the holiday, provided, that if the employee is absent due to sickness or injury, that holiday pay shall be granted if the employee submits medical certification or other acceptable evidence of illness or injury for the day (s) absent." This change would attach a cost to the practice of calling in sick either before or after a holiday, but would not penalize an employee who was on planned leave or had a boni-fide medical reason for the absence. Discussion ensued. Mr. Fenyk advised that "or other acceptable evidence" be removed from the proposed change. Mr. Mutter suggested that staff contact other jurisdictions concerning the holidays they observe and other paid leave days. Upon motion of Mr. Price, seconded by Dr. Gates, and vote of 6 AYES and 0 NOES, this matter was referred to the Personnel Committee for further study.

STREET LIGHT REQUEST - RIVERVIEW DRIVE - LINDA RECTOR: A request for a street light in the area between West Drive and the street light in the curve of Riverview Drive. A number of residents walk that area in the evening and work shift work requiring them to leave or come in during darkness. Upon request of Dr. Gates, Mayor Guy continued this item.

RIVERBEND PARK: Mr. Booker advised that Phase I of the project is ready for bid. Phase I includes the trail, shelters and parking. Cost estimate is $180,000. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 6 AYES and 0 NOES, Council granted permission to bid this project.

SMYTH COUNTY COMMUNITY HOSPITAL: Mr. Fenyk informed Town Council that the issue involving SCCH will be considered the week of January 10-14 by the Virginia Supreme Court.

FIRE STATION-LIQUIDATED DAMAGES: Mr. Price suggested that these damages be settled as soon as possible and that a compromise may be appropriate.

COMMUNICATION BETWEEN STAFF AND COUNCIL: Mr. Price urged better communication on zoning issues between staff and Council. Mr. Mutter agreed.

HEALTH INSURANCE AUDITS-RON HAYES: Mr. Hendrick asked if Ron Hayes is continuing to audit our health insurance claims. Mr. Booker advised that he continues to work on the Town's behalf. He is only auditing the "self-insured" claims. Mr. Hendrick stated that there is no contract with Mr. Hayes and urged that the Town terminate his service. Mayor Guy instructed staff to set up a meeting with David W. Dobbins, Ron Hayes, and the Insurance Committee.

lZONING: Mr. Leaman informed Council that Section 18.2 of the Town Code requires that drawings be submitted prior to the issuance of Zoning Permits.

TOURISM: Mr. Mutter expressed concern that according to Virginia Southwest Blue Ridge Highlands, tourism is down 50%. He urged Council's improvement in this area. He noted that the Town has a long-term project in the Lincoln Theatre. The Town should have some shorter term projects as well. He stated that he had contacted Mack Trammell and asked for suggestions to improve the chances of the Town of Marion recruiting popular, chain restaurants. Mr. Trammell responded and letters were distributed to Council members. Mr. Mutter has received no comments concerning Mr. Trammell's suggestions.

DOWNTOWN APARTMENTS: Mr. Mutter stated that most of the residents in the newly renovated downtown apartments, will be senior citizens. He urged the Town to recruit a drug store, grocery store, and doctor's office in the downtown area. He also requested that staff follow up on securing a payment location for local gas, electric and telephone bills.

DISCLOSURE FORMS: Dixie Sheets requested that Disclosure Forms required by the Commonwealth of Virginia be completed, signed and returned to the Town Clerk's office on or before January 15, 2000.

TAXES: Mrs. Sheets stated that 1999 real and personal property taxes are being received . Deadline for tax payments is December 15, 1999.

COMPUTER UPGRADE: Mrs. Sheets informed Council that the computer system upgrade is underway.

CHRISTMAS MEAL: Mr. Hicks stated that the annual employee Christmas meal will be held December 17, 1999 at Noon at the Fire Station.

POLICE CHIEF VACANCY: Mr. Booker noted that 12/6/99 was the deadline for Police Chief applications. There are currently 21 applicants.

MUNICIPAL BUILDING: The Town anticipates moving back to the renovated Municipal Building between Christmas, 1999 and January 1, 2000.

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