Town Manager’s Report to Mayor and Town Council

November 15, 2010

 

 

Selection of Date for Special Council Election

 

The date of the special council election has been set for February 1, 2011 for the late Councilman Mel Leaman’s seat. I have spoken with Attorney Mark Fenyk, General Registrar of Voters Sandy Elswick, Mayor David Helms and Vice Mayor Jim Gates several times on

this matter. 

 

When first contacted, Ms. Elswick stated that it would be impossible to hold an election before January 1, 2011. She said that was so because it would not give persons enough time to get petitions and after 125 names were qualified there had to be at least 45 days to print the ballots and get the polling booths ready.  The special election also had to be set at least 55 days prior to June 12, 2011 due to potential primary election, which would have put the election being held no later than mid-April.

 

Following Council’s formal decision on November 1, to hold a special election, I contact Ms. Elswick the next day. She called me back on November 4 and offered a date of March 22 for the special election. Mark Fenyk also came by the office on November 4th with a petition to the Circuit Judge requesting a special election, as Council had asked.  Mark had a date listed in mid-January as the special election date. I asked Mark to contact Ms. Elswick on the date so as the date of the special election be the same.

 

Upon further conversations on November 8th it was decided to try to move the special election up from March 22nd to an earlier date.  Following another conversation with Ms. Elswick she said she could move the date to February 1, 2011 but had to know very soon because of a variety of logistical issues. Upon conferring with Mayor Helms and Vice Mayor Gates I asked her to go ahead and set the February 1 date for the Special Election. Persons interested in this seat must have their 125 qualified names submitted by December 17th.

 

 

Update on Virginia Department of Transportation (VDOT) Signalization Project

 

You have in your agenda packet a letter and map from me on November 3, 2010 requesting donation of land to three property owners at the North Main Street, Windy Drive and Dabney Drive Intersections. In the letter, all sent to out of state addresses, I asked for a meeting with

 

 

each landowner at the site. I also copied a local resident who owned the property but had a holding company’s address as the owner of record.

 

Engineer Cecil Hicks and I also had a meeting with VDOT personnel on November 3 on two issues, namely to confirm that the upgrade of the nine signals could begin before the right of way was acquired on the three substantial upgrades, and to see if the substantial upgrades on the intersection of Lee Street, Main Street and Chatham Hill Road, and on Park Boulevard and North Main Street could be redesigned. To support this request, I sent a letter to Mr. Donnie Necessary that is attached requesting that the upgrades go ahead and commence.

 

Regarding the upgrades beginning first while the right-of-way issues played out on the three intersections that are to be substantially reconstructed, VDOT said that would be no problem and they still have December, 2010 targeted as releasing the Notice to Proceed on the nine lights. Regarding the redesign of the lights at the two intersections mentioned above, Cecil Hicks had some innovative ideas of placing the masts and pole arms at a different location that would reduce the parcels of property needed to be acquired at one intersection, and  totally eliminate the need at another. VDOT personnel seemed amiable to the suggested changes and indicated that they would do some study and get back with us on the suggested changes.    

 

 

Proposed Lease for Appalachian Spirit Gallery for Old Police Department Building

 

You have in your agenda packet a draft lease for the Appalachian Spirit Gallery that was predicated by the proposed display of a train collection in the basement of the building.

The old three year lease, from January 1, 2010 to December 31, 2010, was terminated by Council in October following mutual agreement and request by the Appalachian Spirit Gallery. They stated that they would pay for, or would have a benefactor pay for, the improvements needed to display the trains in the basement of the building.  

 

The draft agreement has the proposed changes in red. At this writing they have not been reviewed by the Attorney Mark Fenyk, although they have been given to Ms. Anne Hull the designated contact with the Gallery. She indicated her approval of the additions to the contract. As you can see by the proposed redlined changes to the terminated lease, there are three additions. Namely these changes deal with making three (3), five (5) year options on a 15 year lease; giving the Gallery permission to sublease all or part of the facility after approval by the Town Council; and finally, if the lease is terminated within the 15 year lease period, the town will reimburse the Gallery in 1/15th increments beginning with 15/15th  the first year of an agreed upon cost of renovations and descending to 1/15th the 15th final year. 

 

 

Cable TV Resolution

 

You have in your packet a resolution sent to every locality in Smyth and Washington Counties regarding the elimination or virtual elimination of Channel 10 WSLS Roanoke and Channel 7

WDBJ Roanoke by Comcast Cable. I have been somewhat taken back by the number of persons calling or contacting me about this situation and supporting what the town has done in this regard. I have had at least four people contact me offering their support.

 

In the letter I suggested that the town might ask Channel 11 WJHL and / or Comcast Cable to appear before council and explain this situation. If the situation of not getting more Virginia news and sports is not corrected, we could contact the Federal Communication with a formal complaint if Council so authorizes.

 

 

Respectfully Submitted,

 

 

John E. B. Clark, Jr.

Town Manager