Minutes of a regular meeting oft the Town Council of the Town of Marion, Virginia held in the Council PRESENT: Vice-Mayor Dr.. Jim Gates, Tricia Spencer, Suzanne. Jennings, Larry Carter and Avery Cornett Council Members; Chairman Cameron Wolfe, Bob Ramsey, Ben Reedy, Rex Anders and Mark Firestone Planning Commission Members; Assistant Town Manager Billy Hamm, Town Clerk Cindy Stanley, Town Attorney MarkFenyk, Smyth County News Representative Stephanie Porter-Nichols, Police Lieutenant Rick Billings, Fire EMS Chief Rusty Hamm, Community & Economic Development Director Ken Heath,  Chambers of the Municipal Building on October: 21, 2024, at! 5:30 p.m.  Director of ITTodd Long and Purchasing/Recewving Agent Mandy' Wolfe.  ABSENT: Alice Freeman.  VISITORS: Dr. Charles Wassum, Jerry Harmon, Joe Naff, Lili Cornett, David Fulton, Hunter Atwell, Roger & Rebecca Bowman, Sarah Taylor, Chris King, Annal Leigh DeBord, Gale Atkins, Stephen. Atkins, Glen & Shelley Robinson, Charles & Nancy Hayden, Shawn Cruz, Bill Stamper, Tom Hower, Amanda Currin, Rose Likins, Toby Poston,Susan Pennington, Debra Colston, Larry Patton, Denise Patton, Yvonne Suitts, Becca Creasy, Carl Cox, Christie Wolfe, Karen Chamberlain, Dalayna Henao, Linda Crowder, Gene Crowder, INVOCATION/PLEDGE TO THEFLAG: Police Lieutenant Billings rendered the invocation. Vice-Mayor MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Cornett and a vote of 5AYES and ONOES, the minutes oft the meeting held October 7, 2024, were approved as written. Messrs Gates, Spencer, AGENDA: Upon motion of Mrs.Jennings,; seconded byl Ms. Spencerand: avote of 5AYES and 0 NOES, the agenda was approved as distributed with one addition for closed session for personnel. PUBLIC HEARING REZONING OF AREASTOI M-ABS (MEDICAL ARTS BEHAVIORAL SCIENCES): Planning CommisionChairman Wolfe asked Mr. Longt to review. Mr. Long noted the rezoning is an effortto align the Comprehensive Plan and the Zoning Ordinance. The highest and best use for behavioral sciences location is at the State Hospital Complex. There were 43 adjacent property owners notified regarding this request. Chairman Wolfe opened the Public Hearing. Tammy Hess spoke in opposition to the request. Bill Stamper, 659 Spruce Street, questioned the process ofi imminent domain. Mr. Fenyk addressed howi imminent domain works. Charles Wassum asked if another entrance could be used to eliminate the traffici throughi ther resdentalneghbomod. Mr. Fenyk notedthese: are publicstreets and usage cannot be restricted. With nofurthercomments, Chaiman Wolfe closed the Public Hearing. Upon motion of Mr. Ramsey, seconded by! Mr. Reedy and a vote of 5AYES, ONOES and 1ABSTANTAIN (Anders), Planning Commission referred this to council to act on the rezoning as presented. Upon motion of Ms. Spencer, seconded by Mrs.. Jennings and a vote of 5AYES and ONOES, the rezoning  Tammy Hess, Amey Uuadda, and Christina Quillen.  Gates led the Pledge to the Flag.  Jennings, Carterand Cornett voted affirmatively.  request for M-ABS was tabled until further discussion on property usage.    PUBLICI HEARING REZONING OF AREAS1 TO REC (RECREATION): Mr. Long reported there were. 55 adjacent property ownersnotified regarding the recreation rezoning. Mr. Long reviewed each parcelto ber rezoned; Callan Drive, Ogburn Park, Highland Road, Wellness Center, Steele Park, Golf Course and Riverwalk. Chairman Wolfe opened the Public Hearing. Harold' Waddelspoke in favor oft the rezoning and requestedafencel built between Ogburn Park andl his property.Ms.Spencermadeamotion to refer Mr. Waddel's request toi the recreation Committee, Mr. Cornett seconded. Discussion ensued. Ms. encerwtndewnermcton and Mr. Cornett withdrew his second. Tom Hower asked about allowable usages with rezoning the recreation areas. Mr. Long noted this would not change the allowable uses. With noi further comments, Chairman Wolfe closed the Public Hearing. Upon motion of Mr. Reedy, seconded! by! Mr. Ramsey, and a vote of 6AYES and ONOES, Planning Commission approves the request and forwardsto council for consideration. Upon motion ofMs. Spencer, seconded by Mrs. Jennings and avote of 5 AYESand 0 NOES, the rezoning request fort the recreation areas was accepted as presented. PUBLIC COMMENT: Bill Stamper, 659 Spruce Street, expressed his concerns about Facebook posts about Rose Likins, Smyth County Public Library Representative, gave an update on the library. There willl be a board meetingthis Thursday at 5:30 pm. Improvementstot the Copenhaver Room are almost complete. Charles Hayden, 726 South Church Street, expressed his concernsregardingproposedrentalinspections, Joe Naff, 148 Countryside Drive, wantedi to clarify a comment Mrs.. Jennings made about Mr. Rush, Tom Hower, 2181 North Church Street, spoke in favor oft the proposed rental inspection program.  Planning Commission was dismissed.  the Drive-In closing and Mr. Rush working ati the direction of council.  The library provides access to an new platform for workforce development. noting there is already a state landlord/tenant policy in place. noting hel had proof of what Mr. Rush had done to him.  Roger Bowman spoke regarding the proposed rental inspection program.  Anna Leigh DeBord, 343 College Street, noted the Royal Oak Chapter DAR has installed ar monument in the Royal Oak Cemetery. Therel has been $930 raised tol help with the cost of $1,500fori the monument. She askedi ift thet town would consider donating. Upon motion of Mrs.. Jennings, seconded by Mr. Carter and a vote of 5AYES and ONOES, this request was referred toi the Finance Committee. CharlesWassum read a portion of the 4th amendment of the US Constitution regarding rental property. He also reviewedsection 10c of the Constitution of Virginia regarding warrants giving the town authority tos search rental property without specifications is in violation. Mr. Cornett noted by establishing rental districts landlords are required to register with thet town. Mr. Fenyk noted this will not be set up asa Mr. Carter: attended the VML Conference in' VAI Beach and reported Mr. Heath and Chief Clair did  warrantless search.  presentations during the conference.    Mr. Cornett also attended the VML Conference. He reported Mr. Heath did a good job presenting the BAUDI Program. Mr. Cornett expressed citizen concerns regarding large amounts of dust on Staley Street. Mr. Hamm reported iti is being watered down daily. Itis6 60-65% complete and pavingi is scheduledformid-November.Mt.ComettquestonedourEMSfees.Chief: Hamm will address during his Vice-Mayor Gates read an Extra Mile Day Resolution. Upon motion of Mrs. Jennings, seconded by Mr. Cornett and a vote of 5AYES and ONOES, the Extra Mile Day Resolution declaring November1, 2024, as ACCOUNTS: Upon motion of Mr. Carter, seconded by Mrs.. Jennings and a vote of 5AYES and ONOES, the accounts were approved for payment in the amount of $1,840,941.04. Messrs Dr. Gates, Spencer, Ms. Stanley reviewed ar resolution from Virginia Resources Authority for refinancing al USDA Rural Development loan. Upon motion of Ms. Spencer, seconded by Mrs. Jennings and a vote of 5AYES and 0 NOES, the Resolution Authorizing the Issuance and Providing fori the Sale and Award of a General Obligation and' Water and Sewer Revenue Refunding Bond of the Town of Marion, providing for the form, details and paymentoft the Bond and the Refunding of a Certain Prior Bond and Authoring Certain  report.  Extra Mile Day was adopted.  Jennings, Carterand Cornett voted affirmatively.  Related Actions was adopted. The roll call vote was as follows: Dr. Gates Ms. Spencer AYE Mrs.. Jennings AYE Mr. Carter AYE Mr. Cornett AYE  AYE  Lieutenant Billings reported a TDO was taken to Norfolk Friday. The department is preparing for Trunk- or-Treat. Lieutenant Billings reviewed the upcoming Halloween/Madness event and askedi to close Main Streetforthe: safety oft the children. Uponr motion of Mrs.. Jennings, seconded byl Ms. Spencerand: a vote of 5AYES and ON NOES, Main Street from Commerce to Sheffey willl be closed October 26, 2024, from Chief Hamm gave staff updates noting one of the full-time paramedics is leaving andi the hiring process to replace that position will begins soon. Chief Hamm and Deputy Chief Keesling will attend ar new chiefs training in Henrico netMondayandfluesda), Chief Hamm addressed Mr. Cornett's question regarding Mr. Heathreportedhisd department tis preparing for Halloween Madness and music contracts are signed  11:00 am until 1:00 pm for Halloween Madness.  EMS fees noting thet fees are based on services provided.  forr next year'sevents.    Mr. Longi informed council members to bring their iPad in next week so IT can migrate the new email format. Mr. Long reviewedt the needi fora a Public Hearing the second meetingi in November foras Special Use Permita application. Upon motion of Mr. Cornett, seconded by Mr. Cartera and a vote of 5AYESando NOES,a Public Hearing to considera Special Usel Permiti fora al home occupation will bes set for November Mr. Hamm reported damages from the flood are still! being assessed and cleaned up. Mr. Hamm and Mrs. White met with al FEMA project manager Friday who assisted with assessing and recording flood damages fori inventory. Mr. Hamm participated in aj phone conference with Senator' Warner, town managers and county administrators throughout southwest Virginia. The purpose of the call was SenatorWarnern reaching out to see how he could assist localities with the recent flood event. The Lane CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (A-1), upon motion of Mrs. Jennings, seconded by Mr. Cartera and vote of 5A AYES and ONOES, Town Council enteredi into Closed Session for personnel. Mrs.. Jennings moved that Town Council return to Open Session and identifiedi it bel knownt that only those matters legally exemptedi from Open Session andi identified in the motion were discussed during Closed Session. The motion was seconded by Ms. Spencerand carried by avote of 5AYES and ONOES. The Clerk polled the Council Members. Messrs Dr. Gates, Spencer, Upon motion of Ms. Spencer, seconded by Mr. Cornett and a vote of 5AYES and ONOES, the meeting  18, 2024.  Group submitted inventory of the Lead Service Line project to' VDH.  Jennings, Weaverand Carter voted affirmatively.  was adjourned at 7:34 p.m.  Vice-Mayor  Clerk