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Vienna discusses Manville interest and spending

Council upholds 1960s ordinance banning fortunetelling

VIENNA — Since the cleanup of the former Johns Manville site, now known as Spencer’s Landing, is nearly complete, it is starting to attract attention.

During Thursday’s meeting of Vienna City Council, Mayor Randy Rapp said a large developer has expressed interest in the site.

“They were so impressed with the job we did in cleaning it so fast they have expressed interest in it,” he said. “As soon as we get the EPA clearance they want to come back to the table and discuss a major development. That is good news for us.”

Rapp said the development is far from what could have happened if the city had not purchased the property.

“Three years ago we had a company from Charleston approach us about the Manville facility,” he said. “They were going to turn it into a sludge reclamation pond.”

Rapp said the council at the time decided that was not what they wanted in the city.

The cleanup of the former plant site is nearly complete save for some piles or metal that will be removed by city workers, he said.

Rapp said the paperwork on the Brownfields grant is moving forward.

“We sent the paperwork, I just have to sign it, after council reviews it,” he said. “Then we will receive our money and we will start on the last project – removing the transite from the wall of the warehouse.”

After a budget revision was presented and approved to move $90,000 to the project, some council members said they do not want more spent on the project.

Councilman Roger Conley said he had a concern about what the Brownfields grant would cover.

“My concern is it will not cover all that project and I want to make sure I go on record saying I think we have spent enough unbudgeted money in this budget cycle,” he said. “I will not support any more expenditures above $200,000.”

Rapp said he agreed and the city will do what it can with the $200,000

Councilman Jim Leach said the project has gone better than expected.

“We have pretty much exceeded all expectations and we’ve had opportunity to keep the momentum going on this project and that includes the EPA,” he said. “My heavy bet is that site will be realized as a tremendous investment and return for the city.

“Everything we as council, in my opinion, should do is to facilitate the completion and availability so we can move forward and get what has been a nightmare for so many years behind us.”

Rapp said the money will be in the city’s hands in about three weeks.

Councilman Roger Bibbee said at first he was not a supporter of the project but as he watched it progress he has changed his mind.

“Once I came on board with that, I was committed to getting it cleaned so we can get that EPA clearance,” he said.

Council, in a 3 to 3 vote, upheld a 1965 ordinance banning palm reading or fortunetelling. City Attorney Ross Skogstad said Parkersburg had a similar ordinance and it was repealed last year.

Skogstad said over the past 40 to 50 years the view is that such an ordinance is an unconstitutional prohibition of free speech. He said Vienna’s blanket ban on a form of speech is recognized as being something people do. He said the ordinance was enacted to prevent fraud but the courts have held when fortunetelling is used for fraud, other laws can be applied.

Rapp said recently an individual approached the city for a business license to operate a fortunetelling business.

Conley said he believes the council that put the ban in place “got it right” and was against changing it. Councilman Mike Elam said he too saw no reason for a repeal.

“When I first saw this on our agenda I thought it was a joke,” Bibbee said. “Obviously it is not. I’m going to be honest with you, I’m offended and somewhat embarrassed this is on our agenda when we have more important issues before us. I do not support this.”

Rapp, Smith and Leach said they were in support of the ban to protect the city from a potentially expensive lawsuit.

Leach he agreed with the repeal, saying it is not the city’s job to make a moral judgment on the practice.

“It is simply, is this consistent with our constitutional law as it is currently construed,” he said.

Rapp, City Recorder Cathy Smith and Leach voted for the ordinance to repeal the ban, while Conley, Bibbee and Mike Elam voted against the repeal. Councilman Bruce Rogers was absent.

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