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.

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

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:

(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.

- NOTABLE AGENDA ITEMS & ACTIONS

OCT 25, 2018 COUNCIL MEETING

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. 

(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.

(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

(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.

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

~ 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

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

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

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

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

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

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

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

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

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

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

~ 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

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

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

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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advocacy received at the law firm of Weaver, Bennett & Bland

© 2019 Mary4Marvin 

Village of Marvin, Marvin

N.C. USA 28173