Town Manger’s Report to Mayor and Town Council

July 11, 2011

Update on Signalization Project

I am continuing to pursue the needed property for the signalization project. I sent out all the needed information, including the plats and deeds, to seven property owners at the three intersections the end of May / the first of June.

To date I have gotten two property owners to sign the deed of easement. Both are located at the Windy Drive, Dabney Street and North Main Street intersection. Once we get the Rite Aid Deed signed we can begin work on that intersection. The owner of the Rite Aid Property is the Zucker Group located in New York City. I believe they are a law firm dealing in real estate or are a large real estate group. I have talked to a gentleman in thay office on at least three occasions. I wrote him a detailed letter to him on June 3, 2011 that addressed several concerns he had. He wrote me back on June 14, 2011 that he was forwarding my letter and deed to the tenant and mortgagee. I have called him back on three occasions and asked the status of the deed and also informed him that a representative from Wendy’s had come to the site and was fine with the location of anchor for the poles. He returned my last call on July 13. He apologized for the delay and said he felt like he was he felt like he was “herding cats” on the matter. He said he had finally gotten the tenant (Rite Aid) to sign off and was now awaiting the bank. He felt like with Rite Aid signing off the bank would soon follow suit.

Concerning the North Main and Park Boulevard intersection, the Walgreen Property is the only property that needs to be acquired. I sent all necessary information on June 6 to the Morgan Property Group in Raleigh, North Carolina who I was able to ascertain were the owners / managers some time ago. Since June 6 I have emailed and called them on several occasions and they have returned most of my contacts. On July 12 I received an encouraging email from them stating that the Walgreen’s Representative had approved the request and the deed should be signed by them soon. Hopefully, we can start that intersection in the very near future.

Concerning the Chatham Hill Road, North Main and Lee Street Intersection, we have had one property owner who has refused to convey two parcels of property at that intersection. That

conveyance involves about 175 square feet. The property owner was sent information about the request on May 12 and was contacted directly on at least two occasions before then. The other property is owned by Hardees’s and the owner / property manager is Boddie-Noell Enterprises in Rocky Mount, North Carolina. I sent them all the necessary information on May 12, 2011. Cecil Hicks and I spoke to a contact with their office several weeks before that and informed them of the project and the information request that was coming to them. Since May 12 I have called the contact on at least two occasions and left messages but have yet to receive

a response. I will keep on trying.

Update on Property at Baughman Avenue Bridge and In-kind Match

As reported at an earlier meeting, the parties have come to an agreement on the price of the property on the northeast side of Baughman Avenue that was occupied by part of the bridge or by a shelter. According to my information, our Attorney Mark Fenyk and their attorney are drawing up the contract and it will be done soon.

A question arose recently about how the money can be accounted that we spend on the Virginia Department of Transportation (VDOT) Urban Projects, of which the Baughman Avenue Bridge Project is a part of, as is the signalization project referenced above. The town has to put up a two percent (2%) match on these projects. I spoke to Matthew Cox, our VDOT contact on these projects, about how we could account for this money. Regarding the Baughman Avenue Bridge with the money agreed upon for the purchase of the needed land, compared to anticipated cost of the bridge at $1,200,000, and with the legal cost incurred by Mark Fenyk’s research, we will have gone a long way towards meeting that obligation of approximately $24,000. The same will hold true with the cost of the signalization project considering Mark’s research on the ownership of the properties. Matthew Cox did point out, rightly so, that they will need invoices to substantiate those costs.

Final Resolution to the Virginia Retirement System (VRS) on Line of Duty Act (LODA)

You have in your agenda packet a final resolution (hopefully) on the town opting out of the coverage of the LODA from the state through the VRS. Based on the best information we have, we recommended that the town go through the Virginia Municipal League Insurance Programs (VMLIP) for this coverage.

Sometime after Council passed the two resolutions required, one to VRS opting out and one to VMLIP opting in, I received an email from VMLIP, with a link to VRS, that stated we had to supply another resolution with the suitable language to VRS (after talking with Greg Dickey of VMLIP he said that VRS had never provided them with the appropriate language and thought that what VMLIP had provided the localities was the correct language to meet the act).

Nonetheless, attached is the new resolution that has to be passed. Although the document states that the resolution has to be passed by July 1, 2011, my VRS contact says we are alright because our earlier resolution officially signified the town’s intent to opt out of VRS.

VMLIP Driver Training Program

You have in your agenda packet a June 28, 2001 letter to Todd Long, our Safety Coordinator, from Steve Craig of VMLIP concerning a “train the trainer program”. The program is entitled “Where the Rubber Meets the Road”.

As you can see by the letter, there will be a seminar in Richmond on July 23 and 24 when the training will be offered. VMLIP is paying for all the expenses. As with number required we are sending three employees – Todd Long, Works Superintendent Jackie Perry and Police Officer Steve Hagy. As you can see by the letter after these three individuals receive the training they will be required to teach at least 90% of our employees within one year’s time. In addition to the benefit our employees will receive from additional safety training and awareness there may be some reduction in our automotive insurance premium.

Respectfully Submitted,

John E. B. Clark, Jr.

Town Manager