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MEETING NEWS

Below are brief highlights from recent Marvin Village Council meetings. Updates for all other meetings (beyond the last six months or so) will be saved to a pdf and available for download by selecting the "meeting update' button.

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Note: I try to keep this page updated with meeting topics that are followed most often. And usually I will post updates within a week or two of the meeting. However, I may fall behind, occasionally. If you would like an update on a topic not listed here, please feel free to reach me!  

 

Thank you for your patience in-between posts.

- NOTABLE AGENDA ITEMS & ACTIONS

NOV 13, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Adoption of the Council Meeting Agenda

~ Councilor Vandenberg's agenda item 'Citizen Email/Request/Unsubscribing to Notification Systems' was removed and

~ Councilor Shkut's agenda item 'Distribution Myth Debunked: Spurious Correlations and Defamation Laws' was removed because:

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(a) Vandenberg did not provide, or arrange for a 'background report' in accord with Council Rules of Procedure (Rule 9c.)

(b) Dispenziere & Shkut have made a commitment to adhere to Village business in meetings, to the greatest extent possible

(c) Vandenberg's agenda as written, appeared to be a non-Village item of business

(d) At best, Vandenberg's agenda item was unclear and, with no report, members were unable to prepare for a proper discussion

Marvin Gardens I-CD - Specific Site and Design Plans

~ Approved all Specific Site and Design plans for Buildings 1 through 4

~ Approved changes to the Tree Mitigation Plans and Landscape plans

~ Approved thematic fencing that will be provided around the retention pond in Outparcel 2

~ All plans were substantially similar, or nicer, that was originally proposed

Increase in Law Enforcement

~ This item was proposed by Ms. Vandenberg however, when asked, she had no specific recommendations or solutions

~ Mayor Pollino proposed the Village consider administrating off-duty policing services to be paid for by HOAs

~ The annual cost for another officer will cost the Village 97,000 a year

~ Contracts for additional officers do not allow the Village exclusive access to the officer during scheduled shifts

~ A general discussion took place about needs, current contract provisions, security and options

~ The survey will ask residents whether they are willing to support a tax increase to pay for an additional officer

~ The Administrator will ask HOA presidents if they are interested in Mayor Pollino's cost sharing idea

Reason's House as Village Hall vs. New Build on Village Property

~ Apparently, the Reason's property (at New Town Rd and Marvin Rd.) has gone under contract for sale.

~ There is not information yet, about who has purchased the property, or other conditions

~ The Council reviewed possible elevations for a 'new' Village Hall, built on the Village Hall Property

~ The Council expressed a desire to move forward as soon as possible

~ Mayor Pollino and Councilwoman Vandenberg expressed reservations about the elevations

~ They felt a more 'stately' building, or a full-size second should be provided.

~ Mayor Pollino wanted to meet with architects to see what else was possible, without changing the floor-plan

~ Mary Shkut volunteered to be part of this meeting, with the architects.

~ In the meantime, the Council agreed to aim for an RFP in January to solidify pricing.

Presentation on Super Streets

~ The Council heard an engineering presentation on 'super streets' being proposed on NC 16, by the Publix development

~ The Council agreed to review numbers Kimley-Horn is producing, in contrast with numbers NCDOT is producing 

~ There was a discussion of having Village engineers weigh-in, in order to receive plans that were friendly to Marvin residents

~ Ms.Cox provided Shkut with information about how towns have worked with NCDOT to influence plans for local areas.

NTR & MR Roundabout / NCDOT Funding Request for Private Sewer Extension

~ The Council heard an engineering presentation on 'super streets' being proposed on NC 16, by the Publix development

~ The Council agreed to review numbers Kimley-Horn is producing, in contrast with numbers NCDOT is producing 

~ There was a discussion of having Village engineers weigh-in, in order to receive plans that were friendly to Marvin residents

~ Ms.Cox provided Shkut with information about how towns have worked with NCDOT to influence plans for local areas.

~ The Council received a verbal message from NCDOT with regard to the project design

~ Apparently, NCDOT is not looking to update the design, however this is contrary to what was conveyed on Jun 4

~ Instead, NCDOT has been are exploring the installation of  Sewer Extensions to one of the impacted property owners

~ NCDOT asked whether the Village would be in interested in pursuing this measure, at-cost to the Village

~ Mary Shkut expressed concern that a meeting was held on June 4 with several parties

~ NCDOT was to follow-up with all parties a few weeks later.

~ However, this request for public funds, to help particular parties, is the first time NCDOT officials have reached out again

~ When the last two roundabouts were designed NCDOT presented the design to the Village Council

~ And, per the NCDOT handbook, NCDOT is required to work with municipality.

~ These efforts have not been made as of this date. 

~ Considering that the Village is putting forth public funds to aid with construction, communication with the Village is imperative

~ It seems as if NCDOT is talking to certain parties - the questions is, who?

~ The Council agreed to ask NCDOT representatives to attend a Village Council meeting and provide more transparent information. ~ The Council also suggested all parties (adjacent landowners) be invited to this same meeting.

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- NOTABLE AGENDA ITEMS & ACTIONS

OCT 25, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Village City Charter Amendment - Dispenziere Rescinds Support for the Amendment

(1) Councilman Dispenziere appeared to be the council member responsible for rescinding support of the Charter Amendment.

~ Councilman Epps asked for a vote to solidify the intent.  

~ Given Vandenberg's statements, she appeared to have followed Dispenziere's lead on the issue.  

~ Dispenziere's said he hoped withdrawal of the Charter Amendment would help rebuild trust among council and the community. 

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(2) In return, Mary Shkut made the following promises and committments  to Councilor Dispenziere: 

~ She promised Dispenziere she would not take advantage of an absence and to fill a vacant Council seat during her term.

~ She said she would pursue a Quo Warranto suit against any member who votes to appoint their own successor

~ She would commit to both provisions as long as votes are in accord with lawful processes laid out by Prof. David Lawrence.

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(3) Vandenberg said she intended to reintroduce the following Charter Amendments in November:

~ An amendment providing the Mayor the right to vote on all matters

~ An increase to the size of the Council, to six members

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(4) Councilmember Dispenziere privately proposed some well-thought out Charter Amendments:

~ The suggestions are much more in accord with what other similar towns are doing,

~ Dispenziere had the following suggestions:

~ The introduction of four districts of approximately 2000 people each

~ An increase in the Council size, to six members: four district reps and two at-large reps

~ The Mayor would not have the ability to vote, but would have the option to break ties

Referendum Petition Count:

As of Nov. 1, 2018 approximately 640 signatures had been received!

~ The Referendum Petition is not necessarily needed anymore, given that the amendment was withdrawn.  

~ However, petitions could still be collected should the Council re-introduce the amendment again.

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To put this in perspective:

~ This count exceeds the number of votes received by any candidate in the Village of Marvin, in Marvin's history!

Village Hall New Build versus Village Hall Reason's Purchase:

~ Preliminary estimates for the New-Build Village Hall vs. ReDevelopment of the Reason's Property were provided

~ Purchasing and Redeveloping the Reason's home would cost approximately ⅓ more than a new Village Hall on Village property

~ Mary asked whether the Reason's property could be purchased for a library or community center)

~ In addition to proceeding with a proper and new Village Hall, on the Village owned property

~ Pursuing both projects would fulfill a two-decade long goal and create municipally-owned book-ends in the Village Center

~ It makes little sense to invest 'more' in the Reason's property given that the building would not meet Village meeting needs

~ Meaning large meetings would still need to be held in a different, off-site location or in the garage of the Reason's property

Proposed Amendments to Rules of Procedure

~ Several Rules of Procedure were proposed by the Administrator and some members of Council.  

~ There were discussions regarding these changes

~ There was agreement to try-out some procedures first, before putting them in writing.

Ordinance Prohibiting Use of Village Seal

~ An ordinance was proposed prohibiting use of the Village Seal.

~ The ordinance text stated:

    (a) It was lawful to trademark a municipal seal and

    (b) Common law (cases) prohibited the use

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~ Neither of these statements are true

~ Mary had no issue with the spirit of the law however,

~ Mary had an issue with using inaccurate and misleading statements to justify the ordinance

~ The ordinance was amended to remove these inaccurate statements. 

- NOTABLE AGENDA ITEMS & ACTIONS

OCT 10, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Village City Charter Amendment - Vote is Delayed Due to Lack of Super Majority

~ Approximately thirty or more residents attended the meeting

~ Seven additional residents spoke in opposition to the amendment.

~ The discussion that ensued failed to provide solid justifications for the amendment,

~ Pursuit of the amendment seems centered on protecting the majority's rule, and

~ No arguments were centered around an argument that the change is "what's best for the Village or its residents'

~ The Council majority did not have the super-majority required to pass the City Charter Amendment on the first reading.

~ Therefore, a second session must be held.

~ However, only a simple majority will be required to pass the Charter Amendment at the next meeting.

~ The Charter Amendment must pass, before October 30.

~ If not, the initiative will lapse and, per NC law, the Council would need to begin the process again, from the beginning.

Referendum Petition

~ A group of approximately seventeen citizens initiated a referendum petition

~ They delivered 'pink petition packets' to almost every household in Marvin

Village Hall - New Build Permits:

~ Councilman Epps questioned why acquiring permits and RFPs for the New Village Hall Construction had ceased.

~ He pointed to emails the Mayor and associates had written to each other, a year ago,

~ The emails spell out a plan to "pump the brakes on the Village Hall"and

~ He pointed out how it appears that is exactly what has happened since the Mayor's election.

~ The staff agreed to pursue the status of the permits,

~ Permits are typically valid for one year and may soon be facing expiry dates

Most Items Tabled:

~ The Council was required to hold their meeting at the Firethorne Clubhouse,

~ The Banks Presbyterian facilities were occupied.

~ However, the facility had a closing time of 10 pm. 

~ Given the length of the Charter Amendment discussion and the closing time, the meeting was cut short

~ All remaining items on the agenda were tabled until the next meeting.

- NOTABLE AGENDA ITEMS & ACTIONS

SEP 27, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Village Hall Redevelopment Option:

Directed pursuit of cost estimates for VH redevelopment on Reason's property 

Prohibiting Use of Marvin Village Seal

~ Directed an ordinance be drafted to prevent use of Village Seal without authorization

Legal Expenses:

~ Some degree of contention over the proposed Budget Amendment for Legal Expenses

~ The Mayor had made false claims in a letter to HOA presidents, saying no Village funds had been spent suing Mary Shkut

~ The Mayor and Councilor Vandenberg acknowledged approximately ~$17,000 in public money had been spend on legal fees

~ These funds were spent before Mary Shkut ever filed suit against the Village

~ To make this issue worse, the State prohibits public funds being spent on Quo Warranto actions

~ Only one the Attorney General informed the Council of this did they put their names on the Quo Warranto suit.

~ However, public funds were spent until this point, and there is no intention to reimburse fees back to the public.

~ In terms of the suit against the Village

~ The Mayor asked Ms. Shkut to drop the case.  Ms. Shkut said she would consider it

~ However, the Council first acknowledged the Legal Subcommittee and fees were spent long before Mary Shkut filed a claim

~ Actions were taken agains Mary Shkut on July 10.

~ Mary Shkut did not file claim until July 23

The Increase to Legal Fees

~ With no other budgetary option, the increase to the Legal Expense budget was approved.

Legal Services & Representation

~ The Attorney said she represented 'the majority' of the Council

~ This is contrary to everything I have read on the subject.

~ For example, how does the Attorney 'know' what the majority of the Council will be before providing advice?

~ It was a troubling finding but, with no other option, legal counsel will need to be consulted 'outside' of provided counsel

Conflict of Interest Form:

~ Directed Mary Shkut and Administrator to draft changes to the Village COI form

Purchase and Procurement Policy:

~ Directed Mary Shkut and Administrator to draft changes to the Village COI form

Charter Amendment:

~ The City Charter was not added to the agenda and did not pass

- NOTABLE AGENDA ITEMS & ACTIONS

SEP 11, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

General Update:

~ The Council meeting was cancelled due to lack of quorum

~ The proposed Charter Amendment (see above) was postponed 

~ For more details, select the meeting update.

- NOTABLE AGENDA ITEMS & ACTIONS

AUG 30, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Charter Amendment Allowing Mayor to Vote on All Matters

~ The Council received seventeen (17) letters opposing the City Charter Amendment as drafted

~ Epps and Shkut attempted to reschedule the Public Hearing to an evening time, when more people could attend

~ All three motions failed, with the Council majority voting against the efforts

~ The Public Hearing for City Charter Amendment Allowing Mayor to Vote on All Matters was held, after all

~ Seven members of the public spoke during the public hearing and opposed the Charter Amendment

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Joint Meeting with the Village Council & Parks, Recreation & Greenway Board

~ Discussed budget priorities for the park: the Council agreed to go into detail in the budget season

~ Discussed project priorities for greenways: 

~ Discussed the need to provide adequate planning staff for the PR&G Board

- NOTABLE AGENDA ITEMS & ACTIONS

AUG 09, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Council Majority: (Pollino, Vandenberg, Dispenziere)

~ Initiated a City Charter Amendment Allowing the Mayor to Vote on All Matters

~ City Charter Amendment without a voter's referendum on the amendment

~ Adopted a policy allowing Council Members to remotely participate in council meetings

~ Adopted a policy enabling Municipal Funds to be used in defense of Village officials

- NOTABLE AGENDA ITEMS & ACTIONS

JUL 30, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Council Majority: (Pollino, Vandenberg, Dispenziere)

~ Added two new agenda items to the Council work-session agenda at the beginning of the meeting

~ Inadvertently admitted that they acted beyond their jurisdiction when they vacated Shkut's Council seat, on July 10

~ Recognized Mary Shkut as a defacto officer, on the Village Council

~ Approved pursuit of legal action to challenge Mary Shkut's title for the third time

~ Approved of having the Village Attorney decide who would litigate the case

Important Point of Information

~ This legal challenge is called a "Quo Warranto" writ or action.

~ There is some confusion given that Quo Warranto writ may only be pursued by 'private relators' in a civil action

~ And "no public funds may be appropriated" in the pursuit of such an action.  

~ It's unclear why the Village of Marvin attorneys are permitting their Council majority to expend funds on this case

~ It's unclear why the Village of Marvin attorneys are permitting their Council majority to pursue this as a municipality

- NOTABLE AGENDA ITEMS & ACTIONS

JUL 23, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

Inter-Meeting Update: July 23

~ Lawsuit received by the Village of Marvin from Mary Shkut

~ Lawsuit cites three Village officials and the Village for the following:

~ Failing to follow statutory laws, revoking her Council seat without jurisdiction

~ Several violations against open meeting laws

JUL 10, 2018 COUNCIL MEETING - NOTABLE AGENDA ITEMS & ACTIONS
MEETING UPDATE (PDF)

Actions by Council Majority: (Pollino, Vandenberg, Dispenziere)

~ Mislead the public in terms of where the July 10 meeting will be held.

~ Guides meeting attendees to Banks Church while voting in another location

~ Takes controversial action in Village Hall, while public is at Banks Church

~ Votes to vacate Mary Shkut's appointment to the Marvin Village Council

Outline of Key Event:

~ Public Comment period provides overwhelming support for Mary Shkut's appointment

~ Mary Shkut attempts to object to controversial items on the Consent Agenda

~ Votes to have Mary Shkut removed from the Council seat

~ Mary Shkut cites statutes which say she lawfully holds seat until court states otherwise 

~ Vote to have to Mary Shkut physically removed by Deputy Officers

~ Union County Deputy Officers refuse to physically remove Mary from the seat.

~ Mayor Pollino pleads with Deputy Sheriff's to remove Mary Shkut, and they refuse.

Actions by Council Majority: (Pollino, Vandenberg, Dispenziere)

The following policies were also requested and / or adopted:

~ Directed Restricting Cell Phone Use in Village Council Meetings 

~ Directed Restricting Council Member Access to Village Hall Staff 

~ Directed Restricting Council Member Access to Village Attorney Services and Advice (Directed)

~ Constructed a Legal Subcommittee of Two Members of the Council Avoid Calls for Special Meetings

~ Appointed Dispenziere & Vandenberg to Legal Subcommittee

~ Approved garnering of legal service with an additional Outside Attorney to pursue litigation against Shkut

~ Approved ability for Village Attorney to pursue litigation against Mary Shkut 

~ Pursued the inclusion of property, owned by Ravi Vasireddy, Firethorne Club Associate, into the Village Center

~ Pursued the purchase Reason's property as an alternative to building Village Hall on municipal property

Supplemental Documents & Resources 

- NOTABLE AGENDA ITEMS & ACTIONS

JUN 30, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

This is a general note regarding regular meetings scheduled during the month of June and July, 2018:

~ June 04:  Council meeting was held, without quorum

~ June 12:  Council meeting was cancelled

~ June 27:  Council meeting was cancelled

~ June 30:  Council meeting was held, without quorum

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~ July 01:  NC State deadline for the municipal budge

~ July 01:  Marvin Shut-down begins due to lack of meetings & no budget

~ July 07:  Marvin Receives Letter from NC Dept. of Treasury

~ July 10:  Marvin Shut-down ends due to adoption of a city budget

Supplemental Documents & Resources 

- NOTABLE AGENDA ITEMS & ACTIONS

JUN 04, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

General Update

~ Held a meeting the Marvin Rd. & New Town Rd. Roundabout Design

~ Intention was to assess the impacts of the design on adjacent property owners

General Update

~ NCDOT engineers and officials,

~ Meadowlark subdivision residents, 

~ Meadowlark Subdivision HOA Representatives

~ Marvin residents adjacent to the intersection

~ Marvin Council Members: Robert Epps & Mary Shkut

Outcome

All participants agreed on the following for now:

~ The roundabout needs to be move as far to the east as possible

~ The construction design should be provided as soon as possible

~ Shkut & Epps will consider ordinance amendments to facilitate roundabout design

~ NCDOT will produce new design and present it to participants for consideration

Follow-Up

~ On Nov. 13, 2018 we received a verbal message with regard to the project

~ Apparently, NCDOT is not currently looking at redesign

~ They are exploring Sewer Extensions to one of the impacted properties

~ However, the Village would have to contribute funds

- NOTABLE AGENDA ITEMS & ACTIONS

MAY 31, 2018 COUNCIL MEETING

MEETING UPDATE (PDF)

List of topics in this meeting update:

~ Final version of the budget is posted to the website

~ Ron Salimao's resignation from the Council

~ Mary Shkut's appointment to Ron Salimao's Council seat

~ Download the update, to the right, for more complete details.

Supplemental Documents & Resources 

MTH 00, 2000 COUNCIL MEETING

- NOTABLE AGENDA ITEMS & ACTIONS
MEETING UPDATE (PDF)

AGENDA ITEM

~ Deliberation, Discussion, Vote or Action

~ Deliberation, Discussion, Vote or Action

~ Deliberation, Discussion, Vote or Action

AGENDA ITEM

~ Deliberation, Discussion, Vote or Action

~ Deliberation, Discussion, Vote or Action

~ Deliberation, Discussion, Vote or Action

AGENDA ITEM

~ Deliberation, Discussion, Vote or Action

~ Deliberation, Discussion, Vote or Action

~ Deliberation, Discussion, Vote or Action

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