The Marion Town Council convened Monday night for its first meeting of the new year, with all members present except Councilwoman Debra Hayes, who was absent. In a key action, the council formally appointed Andrew Keen as the town’s new manager, marking a significant leadership transition for the community. The meeting opened with two public hearings, each drawing brief public comment before the council moved into its regular agenda. Council members approved the December 15 meeting minutes as presented, and later added discussion of town owned real estate to the closed session agenda.
Andrew Keen
The first public hearing centered on a request from Mr. Ryan, who is relocating to Marion from North Carolina and seeking a special use permit to operate a small, home based plumbing and remodeling business from a residence on Lynn Street. Ryan, already licensed in NC and planning to obtain his Virginia plumbing and contractor licenses, told council he needs the permit primarily to secure a business license and receive mail at the address. He ultimately hopes to expand into a storefront within about six months and noted that there are several potential retail spaces in town that he could utilize for this.
Zoning Administrator Todd Long explained that the property is zoned R 1 and went over these requirements and some conditions if the permit is approved: limiting the operation to office work only, allowing no signage, no major shipping or receiving, one business vehicle, and requiring all supplies and equipment to be stored indoors with doors closed or off site. Long emphasized that the intent is to preserve the residential character of the neighborhood and noted that storage trailers are not permitted in town.
Public comment reflected mixed views.
Tom Hower urged caution, stressing the importance of protecting residential neighborhoods and respecting zoning limits.
Cameron Wolfe, who previously cared for the property, opposed the permit, citing sentimental ties and reminding council that R 1 home businesses are intended to have no employees, no customer traffic, and no visible signs of commercial activity.
Megan Brown, A neighbor of Mr. Ryan, spoke in support, noting the community’s difficulty finding plumbing and remodeling services and encouraging the town to give Ryan a chance.
Council members then questioned Ryan and staff.
Councilwoman Jennings asked whether Ryan was involved in other businesses and how he planned to get referrals, given that he cannot advertise until the permit is approved. Ryan said he is already connected with local hardware stores and plans to use mailers and flyers once licensed. He also noted he may offer internships and reiterated that he does not plan to keep equipment on the property, storing materials off site in non residential areas. When asked about trucks or materials in the driveway, he said the most he might have would be short sections of pipe which could go in one of the buildings on the property meeting Long’s requirements.
Councilman May asked about his timeline for opening a storefront, which Ryan estimated at six months.
The Mayor asked Long whether anything in Ryan’s proposal fell outside the recommended conditions. Long said no, and reminded council that if problems arise, the special use permit can be revoked.
Councilman Carter said he had no concerns as long as Ryan meets the stated criteria.
Councilman Atwell asked whether Ryan could meet all requirements without issue, and Ryan said he could.
Council approved Mr. Ryan’s special use permit.
The second public hearing concerned a request from Sunoco for a special use permit to operate two skill game machines, which Zoning Administrator Todd Long noted are the only type permitted under town code. Staff reported that the town ordinance code allows two machines per business on a special use permit basis and that the requested machines are considered legal.
Public comment was led by Dr. Wassum, who strongly opposed the request. He argued that skill games amount to one form of gambling competing with another, noting that casinos themselves oppose them. Wassum said he does not believe Main Street needs additional businesses offering gambling activities and expressed broader concerns about the character of downtown, citing a high number of vape shops and prominent tattoo signage. He warned that approving more skill games could lead to their proliferation and said he does not believe any should be allowed in Marion.
Council members sought clarification on how many skill games currently exist in town.
Town Attorney Mark Fenyk stated that one business has four machines that were grandfathered in.
Long clarified that Valero had multiple machines.
Councilman Carter noted that the machine once located at Macado’s has been gone for some time.
The Mayor acknowledged the concerns but emphasized that the town’s ordinance permits legal skill games with a special use permit. Fenyk reiterated that the council’s role was simply to determine whether Sunoco could legally operate the two machines allowed under code. When Councilwoman Jennings asked what options exist for businesses that do not want skill games in town, Long explained that the ordinance allows up to two with a special use permit, and given that it is codified, he was unsure the council could deny the request.
The council ultimately approved the special use permit unanimously.
Todd Long welcomed Andrew Keen as the new town manager before finishing with public hearings.
The regular meeting opened with a presentation from Alan Kelly, with Caring For Our Community, a volunteer driven program that operates through donations matched by the Town of Marion. Kelly provided a June–October activity summary, noting that the group has expanded its efforts and assisted numerous residents with essential home repair needs. Recent projects included building a wheelchair ramp at the request of Project Crossroads, replacing siding on a damaged home, and constructing safe entry steps for a blind resident. The organization partners closely with the town on various initiatives and completed work at 17 different locations over the past year.
During public comment, Billy Stamper raised concerns about how public records requests are being handled at the Marion Police Department. Stamper said that when he attempted to submit a request, an officer told him that all records requests must go through Town Attorney Mark Fenyk, and that the officer might “get into trouble” if he signed off on receiving it. Stamper emphasized that under Virginia law, the public may submit requests in person, by email, or verbally, and he questioned whether MPD officers are being instructed not to accept them.
Stamper also urged the town to establish a designated press table or area for reporters. He noted that the current arrangement—with a single reporter seated behind the council desk at the town attorney’s table—is potentially problematic and not ideal for transparency or public access. He suggested that a clearly marked press area would improve consistency and reduce confusion for both the media and the public.
The Mayor deferred to Fenyk for clarification. Fenyk said he had been made aware of Stamper’s request and would be responding, adding that the specific request in question was “not FOIA able.” He pointed out that the town provides an online submission portal, but did not directly address whether officers may accept requests in person. When Stamper reiterated his question, Fenyk replied, “I wasn’t there, I don’t know,” but added that “the point is it was received.”
David Fulton revisited a traffic concern he first raised two years ago, noting ongoing violations of the no left turn restrictions at two Main Street locations—one near Macado’s and another by the Bank of Marion. Fulton said he routinely witnesses drivers making prohibited left turns in both areas. He also pointed out frequent U turns, which are not allowed within a business district, and urged the council to evaluate the issue and take corrective action.
During council reports, members took turns welcoming newly appointed town manager Andrew Keen and expressing their enthusiasm about working with him. Councilman Atwell also provided an update on the Wooden Pickle dumpster access issue, noting that it was resolved within twenty four hours of being brought before council at the last meeting and that a new solution is already in place. Jennings, Spencer, and Gates each echoed their support for Keen and appreciation for his attendance. The mayor added his own welcome and then called for the formal vote to appoint Keen as town manager, which passed unanimously. Keen thanked the council for the opportunity, shared that he had spent the day meeting with department heads, and said he was excited about the direction Marion is heading. Staff concluded by announcing a holiday schedule adjustment, moving the next meeting to Tuesday, January 20.
Marion Fire/EMS Chief Keesling presented a resolution supporting increased state funding for fire departments, noting that 87% of funding currently comes from localities and that the state is not contributing its fair share. The council approved the resolution. Keesling reported 242 calls in November, explaining that while countywide call volume has decreased, Marion’s has not. When asked by Councilwoman Jennings why Marion’s calls continue to rise, he said the reason is unclear beyond the department’s role in providing needed public service. Keesling also requested approval for the town’s $5,039 match on a grant application submitted July 25 for just under $10,000. The council unanimously approved the funding.
During the meeting, Town Attorney Mark Fenyk received a Notice of Claim from Chief Testerman on behalf of Danny Parks and immediately asked council to add “potential litigation” to the closed session agenda. Despite having the document in his possession for less than a minute, Fenyk publicly declared that it contained “a lot of incorrect information,” raising questions about how he could have meaningfully reviewed it in such a short time. Video playback of the meeting also appears to show Fenyk briefly displaying the notice to the reporter seated at his table—an unusual handling of a legal document involving pending litigation to be discussed in closed session—and later, once open session resumed, engaging in a quiet, off mic sidebar with Vice Mayor Gates after the closed session ended.
Three County News has been reporting on the ongoing case involving Parks and the Town of Marion. Under Virginia law, a notice of claim is a written notice that must be submitted within six months of the date of incident if an individual intends to sue a municipality, making the document a formal part of the legal process. At the time of this coverage, Mr. Fenyk was not available to comment on his discussion or commentary pertaining to Mr. Parks and Vice Mayor Gates.
