PRESENT: Mayor Marshall Guy; S. S. Burkett, James Gates, Ralph Price, Mel Leaman, Eugene Hendrick, Sam Mutter and David Helms, Council Members; Town Manager Henry Booker; Town Engineer Cecil Hicks; Police Cpl. Steve Farris; Purchasing Agent B. J. Hamm; and Town Attorney Mark Fenyk.

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Cecil Hicks and the Pledge to the flag was led by Mayor Guy.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the minutes of the meeting of 12/6/99 were approved as written and distributed. Mr. Hendrick, Mr. Mutter, Mr. Leaman, Mr. Helms, Mr. Burkett, Mr. Price and Dr. Gates voted affirmatively.

VISITORS: Lee Ann Prescott, Mike Roberts.

APPOINTMENT TO THE PLANNING COMMISSION: Mr. Price requested that he be allowed to withdraw his nomination of J. E. Stringer to Planning Commission. He cited reasons that the Town should secure an individual with training and experience in zoning issues. Mr. Price then placed the name of Cameron Wolfe in nomination. Richard Henderson had also been nominated by Mr. Mutter. Mr. Mutter stated that Mr. Henderson is a citizen of the Town, knows the area, knows the people and will be retired from the Marion Police Department on January 1, 2000. Following discussion, Mr. Price moved that Cameron Wolfe be appointed to fill the unexpired term of Ernest Aker to 3/31/2001. The motion was seconded by Mr. Hendrick and carried by a vote of 4 AYES and 3 NOES (Leaman, Mutter, Gates).

APPOINTMENT TO THE MARION REDEVELOPMENT AND HOUSING AUTHORITY: Upon motion of Mr. Price, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was continued awaiting a legal determination on the eligibility of Mr. Price to serve on the Board.

ACCOUNTS: Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the accounts were approved in the amount of $412,905.35.

INVESTMENTS: Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented.

WATER COMMITTEE- REPORT ON COUNTY WATER CONTRACT: Mr. Booker reported that Town Council approved the Water Contract on December 6, 1999. Mayor Guy signed the contract on behalf of the Town and returned it to Smyth County for their signature. Meanwhile, Smyth County requested a change in the contract. Mayor Guy has made two (2) written requests to hook up customers on Route 16. He has received no response. Mr. Helms noted that the Water Contract should have nothing to do with providing water service to Route 16 customers. He further stated that the Town signed and returned the County proposal and felt that the additional paragraph should be deleted and the Contract allowed to stand as approved by Town Council 12/6/99. Mr. Hendrick was in favor of returning to the plan of establishing a water tank to provide water to these residents. Mr. Leaman was in favor of the Town signing the revised contract. He stated that the revision would require monthly billings. Any month not billed may not be recouped at a later discovery date. Mr. Booker was asked to telephone Jeff Spickard to discuss this matter. Mr. Burkett moved that the item be continued. The motion was seconded by Mr. Helms and carried by a vote of 4 AYES and 3 NOES (Mutter, Leaman, Hendrick).

PERSONNEL COMMITTEE - CHANGES TO THE PERSONNEL MANUAL CONCERNING HOLIDAY PAY: Upon motion of Mr. Burkett, seconded by Mr. Helms, and vote of 5 AYES and 2 NOES (Leaman, Price), this item was dropped from the agenda.

STREET LIGHT COMMITTEE - STREET LIGHT REQUEST FOR RIVERVIEW DRIVE: Dr. Gates reported that it is the recommendation of the Committee that the lumens be increased in this area. Dr. Gates moved that this item be dropped from the agenda. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 1 ABSTENTION (Leaman).

BUILDING COMMITTEE - USE OF 144 W. MAIN STREET BY LINCOLN THEATRE: It was the recommendation of the Building Committee that the Lincoln Theatre Group be allowed to occupy the former Police Building, without rent, under the following conditions: 1) That the Lincoln Group will provide telephone service and janitorial services for the building. 2) That the term of occupancy shall be for 12 months, without rent, and extended on a month to month basis thereafter. 3) That the Town will pay for ‘normal gas and electric bills' (i.e., $100 per month gas; $110 per month electricity); the Lincoln will be responsible for any monthly excess. 4) The Town will not be expected to make any tenant modifications or building maintenance over and above what the Town would normally do for normal building preservation. Dr. Gates noted that the Lincoln Group is close to raising amounts of money for restoration expenses. However, monies raised are not for operational expenses. Dr. Gates moved that the Lincoln Theatre Group be allowed to occupy the building located at 144 W. Main Street, rent free, with conditions as stated. The motion was seconded by Mr. Mutter and was approved unanimously. Mr. Mutter, Mr. Price, Dr. Gates, Mr. Helms, Mr. Hendrick, Mr. Burkett and Mr. Leaman voted affirmatively. Mr. Mutter expressed concern about insurance issues and snow removal. The Town will maintain insurance on the building . The Lincoln Group must insure the contents of the structure. Mark Fenyk suggested that the Lincoln Group indemnify the Town. Mrs. Prescott stated that she would bring the request to the Group.

STREETSCAPE COMPLAINT: Mr. Don Jones has requested that the town bear the cost to replace the tree well located in front of his business. Mayor Guy continued this item pending estimates.

PASSENGER RAIL SERVICE: Mayor Guy urged that representatives from Town Council should attend the Roanoke Regional Chamber at the Roanoke Virginia Museum of Transportation on January 7.

PLANNING COMMISSION: Mr. Leaman reported that Marion Planning Commission elected Alice Freeman as Chairman and Bob Ramsey as Vice-Chairman.

MAIN STREET: Mr. Price stated that Ken Heath has complained that proposed rubber bumpers on Main Street will not be acceptable. This item was deferred for future discussion.

POLICE: Mr. Price asked if additional officers will be on duty for the New Year. Mr. Booker stated that an extra shift has been added from 7 p.m.on December 31 to 3 a.m. on January 1.

CYBERNET: Mr. Helms requested an update on the cybernet. Mr. Hicks advised that cybernet works with the water network program. Pressure readings and hydrant flows will be taken and incorporated in the model. These will help determine areas of need on the Town system.

PRATER PUMP STATION: Mr. Helms asked if preparations have been made for the Prater Pump Station in the event of a power outage. A generator has been loaned to the Town for this purpose as the Prater Pump Station is essential to the water system.

FOWLER STREET: Mr. Burkett stated that the fence on Don Martin's property should be replaced as soon as possible.

PLANNING COMMISSION APPOINTEE: Mr. Mutter stated that he will support Cameron Wolfe as a member of the Planning Commission and requested that letters be mailed to Mr. Stringer and Mr. Henderson thanking them for their willingness to serve.

WATER CONTRACT: Mike Roberts, Smyth County Board of Supervisors member, stated that the County Committee voted to accept the contract. However, the County Attorney, John Tate, requested that the change be incorporated into the contract. He stated that Smyth County is eager to have the contract signed and that water be provided to the residents of Route 16.

ROUTE 16 WATER CUSTOMERS: Several inquiries have been received from these customers concerning the required installation of pressure reducing valves. Mr. Hicks advised that these are necessary to regulate the pressure on the new line and is mandatary thru the Building Inspector. Total cost is approximately $100.

PURSUANT TO VIRGINIA CODE SECTION 2.1-344 (A1, A3, A7) to discuss personnel, real estate and litigation, as allowed, and upon motion of Mr. Hendrick, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session. Mr. Hendrick moved that Town Council return to regular session and that only those matters lawfully allowed were discussed during the Closed Session just completed. The motion was seconded by Mr. Price and carried unanimously. Mr. Price, Mr. Mutter, Dr. Gates, Mr. Burkett, Mr. Hendrick, Mr. Leaman and Mr.Helms voted affirmatively.

POLICE CHIEF APPOINTMENT: Mr. Hendrick moved that Fred Catron be appointed Chief of Police for the Town of Marion, effective 1/1/00. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 1 ABSTENTION (Price).

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