Council - Regular Meeting

I'd like to welcome everyone to the December 15th meeting of the Marian Town Council. Um we will begin with the invocation given by Chief Tester. Let us pray. Dear [snorts] Jesus, we come to you tonight as community. We're thankful for you, Jesus, for you coming and making our lives whole. Jesus, without you, there would not be a Christmas. We celebrate you every day. Would you please look over those that are less fortunate during the holidays? Look over the families that are suffering are suffering throughout some tragedies that's happened. and uh just just hold us in your arm, dear Jesus. In your name we pray.

Amen.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Again, welcome to everyone that's here and everyone viewing from home. Uh we'll begin with the roll call. And I see that all members of council are present. Say one. Hopefully um she's okay and on her way, but uh we'll wish her well wherever she is tonight. And um we will need a approval of the minutes and the agenda. So move to approve the minutes.

We have a uh motion to approve the minutes. [snorts] Second. We have a motion and a second. And all in favor of approving the minutes. All in favor? And we're just approving the minutes. So if you want to vote, you may. Or if you want to please let the record reflect that uh Deborah has joined the meeting. Sorry. Or give her uh a tardy. Tardy. [laughter] Take a tardy.

I think she was here on time. It's It's kind of dangerous out there anyway. And so, uh, though this isn't the appropriate time to say this, everybody be careful as you go home tonight and be careful of the ice. And I know of couple people that have fallen already and and gotten injured. So, we want to make sure that everybody's safe. Um, we need to approve the agenda for tonight. And are there any uh Well, first we'll have a motion to approve the agenda. Second. Now, are there any additions uh to the agenda?

Yes. Okay. Um uh so we will uh add that to the agenda. Um and does everyone um agree? Is there any discussion about adding that? None needed. Then um we will vote on the agenda as uh modified. All in favor? We have a public hearing. on the uh waterline replacement phase 13 and 14. And I am going to turn this portion of the meeting over to Billyham who will be able to better tell us about the bond issue.

Okay, this this bond issue we've we've done what 10 uh this is basically a construction bond. that we will we will do the do the work as that's laid out. Um uh we've done 10 or 11 of these so far just part of the search program. You need a motion.

Yes. A lot of reading there. I hope you all read it. Well, as as this is a public hearing, um we do need to see if there's anyone present that [clears throat] would like to uh speak uh as to this bond. And hearing none, uh we'll close the uh public hearing portion of the meeting and we'll turn this over to council. I'll make a motion that we approve the bond WSL324E for phase 13 and 14 waterline replacement. Do I hear a second?

Second. And that needs to be follow. And is there any uh discussion or any these these these these phases that it takes into account? Where will that be? off hand. Actually, I don't have the list. Actually, 13 and 14 will be scattered all over town. There's several. There's not one specific area that both of those they several areas in 134 and I should have thought and got that list, but but there there's several and uh having and this is part of the water and sewer replacement. This is this is this is water

water. Yeah. And uh as as we see the uh application of the proceeds in section 4.1 is that uh these are solely exclusively um I believe that's the section where this goes to the surf program and the replacement of the water uh zoo infrastructure. Is that correct? Yeah, it's all part of surf program. So If there's any more discussion, if not, we'll put this to a vote. All in favor of approving the bond issue. Carter, yes. May, yes. Yes. Jennings, yes. Spencer, yes.

Gates, yes. Yes. Yes. There's a second part, a second resolution. Our bond council thought we might need to do to do a draw before the closing of the loan next week. So, he asked that we do this. It's a is a resolution in case we need to do a reimbursement before then. I saw that was that was 139. Was that correct? The amount of that

um what page is that?

I have no problem with it. I just want to put my eyes on it. I use a whole bunch of these. Yeah, it's way on into me to find.

It was pretty close to the end. Yeah,

but this this wasn't the for some reason $139,000 jumps out in my mind, but and some change of course. Yeah, there's not wasn't a great amount of money. No. That's good. And what is this for, Bill?

It's for 134. What I'm looking for? Yeah. It's it's a resolution once we close on the loan. I think that's the 23rd. Yes. And this is a resolution if if we need a draw on it before the 23rd. Okay. Which just in case we do. Yeah. Here here's a requisition for dispersement. This is a resolution declaring an official intent to reimburse expenditures from proceeds of the bond. You know what page he's still looking for?

I mean, it's customary that we do. So, Oh, yeah. We've done this before. Yeah. We've done this with every certain project. Uh, page 90. You find it. 90. 90 is a resolution. Yeah. But it might not be the res. I think that's it. That is way down there. It was at the very end of the thing. Not resolution declaring the official intent to Yes. Yes. Was there a monetary amount attached to that?

No. Must have been something else that I exhibiting. I'll make a motion we approve this resolution as as written. Second. Motion and second and probably already discussed it uh enough. I I understand it and um understand that it doesn't really substantially change anything except that we might need to actually uh make a draw on it before it closes. Yes. And I'll do a roll call on whenever you're ready. Carter, yes. May, yes. Atwell, yes. Jennings, yes. Spencer, yes. Gates, yes. Yes.

Yes. Thank you. Okay. And that closes the um bond part of the public hearings. Um we um have public presentations now and we are going to proceed with a extra mile award and uh that is being presented by councilwoman Janice. Wait just a minute on the phone.

[clears throat]

Mr. mayor, members of council, and all the staff that's here and our audience. Um, tonight it is my pleasure to honor [clears throat] two people who have lived their lives in service to this community. They are both examples of what it means to go the extra mile and work to make our total community a better place to live. Let me tell you a little bit about the Peacocks. Gary and Marilyn Peacock, would you come up here, please, and to stand with me some I've got a list of some of their contributions. Uh many years ago, they were instrumental in bringing the original happies to our town, which most of us all enjoyed. Gary was the first employee at Royal Bowlings charged with constructing and starting the new plant there. Uh he supervised thousands of employees and the construction of multiple warehouse and manufacturing locations totaling 1.2 million square feet. Remember the great fireworks display we all enjoyed at Royal Buildings? Well, this man was uh responsible for that. um he introduced the GED program to his employees and therefore enabled uh several of the employees who hadn't finished high school to uh get their high school diploma. Gary was instrumental in raising funds for developing the uh playground, the first playground at uh which is now the elementary school, but it was at that time it was known as the primary school. Remember the pig out in the park? Well, Gary was a member of the Chamber of Commerce board and he was instrumental in starting that fundraising event. He worked side by side with Blackwell

Whales to build the Riverwalk. The Hungry Mother Lutheran Youth Cape was a special interest of Gary's. He facilitated many upgrades, the commercial kitchen, the bunk rooms, the restrooms. He helped to build a Jeep bridge and develop the mud rug for healthy uh campers. Gary served on our hospital board for many years, was instrumental in bringing Mountain States to partner with our hospital and later took the lead in bringing ballad health to our community. He was a member of all those boards sharing an an executive position in all of them and served as the ballad health treasurer for seven years. On October the 1st, 1999, the first Smith County Community Foundation was formed. Out of that formation, Gary became the chairman and soon we were off building the lifetime wellness center for the community. This was truly a labor of love for the Lifetime Wellness Center task force. A side note to this, Gary was the member of that task force that always had his calculator, so he only let us spend $9.4 million on the wellness center. Now, we wish we'd built spent a whole lot more and built it a whole lot bigger. But anyway, that's just that's just a little side note. He was the one that kept us to that amount of money. Gary facilitated the new hospital that was built for our community. He started the nurs's daisy honor honorary award program for the nurses. He was chairman of the hospital health trust for many years. He and Maryland planned and and executed 12 gaylas for the health trust to help raise money for u different health projects for our community. This

event has almost achieved Gary's goal. Can I say it? Of $1 million to be used for healthc care initiatives for our community. Gary facilitated a $5 million grant from the first Smith County Community Foundation to jumpstart the creation of the Embry and Henry School of Health Science, which brought the medical school to Marian. And as we all know, the Embry and Hindu students have certainly helped our economy here uh by spending money in all of our restaurants and shops and so forth. He facilitated the creation of an endowment to generate scholarships for anyone living in Smith County to further their education in the health care field. In the first two years, 20 scholarships had been awarded to qualified young students. So, what was Marilyn doing during all this time when Gary was doing this other stuff? She donated and conducted many uh stained glasses for hundreds of students to learn her her art. She's a talented artist herself, and she has designed and constructed windows for over 50 churches and hospitals. Her beautiful handied work was has brought much joy to many sick patients and citizens in multiple communities. If you've ever had a chance to go to the nice wonders children's hospital and have seen the three floors of uh kites, stained glass kites, Maryland is the one who designed and constructed those. Probably with some help from Gary, but So tonight, along with our council, we honor Mary and uh Gary and Marilyn

Peacock for their tireless work in our community, for the love freely given to everyone, and for their many contributions to improve the quality of life for others. Thank you very much. [applause] would you like to say something? Please.

I'll never take an opportunity not to say how are you? That's my hand. I need money. And I was just calculating out. Don't hold that again. and uh 57 years ago this next March on Easter Sunday night of this was going to be our new home. Oh my god, why am I coming here? I asked myself. Because my boss told me to be here. That's But during this time we lived here twice. Unlike we had the opportunity at least come back the second time and we jumped at that opportunity because this is really a good place to live. Thanks to your town council, thanks to all the work that you do, it is a good place to live. So don't knock it until you have an example within 40 75 miles of if I got to take my leaves out and put them out in the gutter to have somebody pick them up. It's only going to cost me $25. Thank you very much for picking up my leaves. [laughter] This is a great place. I think that we need to to look at it, embrace it, and help, not be a problem, but be someone help solve the problem. I appreciate this extra mile of work. Thank you very much. We do, we're very proud of the projects that we've worked

on over the years. We, you know, I we were actually in 2012, we were the only rural hospital that was built United States. You can go in lots of towns with 6,000 people and you won't find a room this big as a wellness center and we've got a 52,000 ft still state-of-the-art wellness center. You go to lots of little towns and you won't find 300 students here working on a graduate program. This is a good place to live. I always kind of close by saying in Oregon we we are big salmon producers. One thing a salmon does goes out in the ocean. It frolics around for two years and then it goes home spawns and dies. Well, I kind of consider myself one. I'm going to die right here. Thank you very much. [applause] WELL, you got a standing ovation from me. [laughter]

Okay. Um, and welld deserved and Susie, I think that's a very good move there.

Thank you for bringing that to us today. Um, next we have James McNeel and consideration of EDA appointments. James, the floor is yours. Thank you, Mr. Mayor. Um, I'm here on behalf of the EDA board. I hope everyone received my email back on December the 9th. Um, explaining we have two current board members who have agreed to serve another term. That is Corky Sheets and Bob Scholes. We also have one term of a member that was unexpired and unfilled. Um the board began with a list of 16 people and I know you all are very familiar with the process of narrowing down and and picking candidate. Um but the board agreed on um Mr. Ben Reed to ask him to serve the unexpired term. It's a It's a two-year unexpired term, but in three weeks, the first year of that term will be gone. So, he would serve one year and then be eligible to be reappointed for four years, if that's totally confused. Um, so that's why I'm here tonight. Um, our board serves at the pleasure of the town council. They are appointed by you for a four-year term. So, it's up to you for that decision if you wish to reappoint um Mr. Schultz, Mr. Sheets, and Mr. Rey. So, if you have any questions, I'll be glad to try and answer them. Anything about the EDA, um just so you're aware,

the EDA meets on the first Wednesday after the first Monday. The reason for that is we meet after town council meets on Monday, we meet that following first Wednesday. So if there's any instructions, if there's any questions, if there anything that the council has on your first Monday meeting, we can address it within two days of when you meet. Um, anyone's welcome to come. Meetings are open. They're at noon. They're at the police department. And we have a we have a great board. We have we've had some changes as you all are aware of. Our secretary treasurer was Miss Claire. She left when her husband took the new position in Blackburg. We have a new secretary treasurer friend of Muny and she is excellent. She has a lot of history with the program and she is doing an excellent job. So we are we are making some progress I think. Any questions, concerns?

All three have agreed to. Yes. All three have agreed to, sir. Yes. Do we need to do these one at a time? If you would do the considerations first, if you would like to do Mr. Schultz. Bob Schultz. I'll make a motion we reappoint Bob Schultz. We have a second. Second. Second. Motion. Second for appointing Bob Schultz to um How many years is this term? It's a four-year term. to a four-year term. Um, no further questions. Um, we'll take that to a vote. All in favor? Make a motion we appoint Mr. Corky Sheets to a four a four-year term. Is that correct? Yes. Second.

Any discussion? Motion and second. All in favor. And then I'll make a motion we appoint Mr. Ben Rei for the convoluted type for the two-year term. Actually, a little over a year. Yes, sir. Second. Motion and second. No discussion. All in favor? Motion carries. Also, on behalf of the board, I would like to thank the council for your support of the EDA. Again, if you have any questions or concerns, let a member know and we'll be sure to address them. Thank you.

Please tell the board how much we appreciate all the work that you all have done. You've done a great job. Thank you. Thank you, James.

Make this get passed all the way. Okay, that finishes our public presentations and now we'll move on to uh public comment time. We have uh several people uh for public comment. So the first one is Mr. Bill Stamper. Mr. Stamper, if you please. Bill Stamper, 659. Uh, I'd just like to read this. The Watchdog group in Marian exists to advocate for transparency and accountability and local government. We are a nonprofit organization. We believe government is for all citizens and that and that it is essential to better serve the community. This holiday season, we launched our Watchdog Christmas fundraiser. So, Everybody in the community gave for the the Christmas cards which I think is awesome. Uh the effort was very successful and popular. Systems donated her card uh to send to the watchd dogs the greetings to the town hall officials of their choice. So you all got a Christmas card from everybody, you know. So that's awesome. I hope I get one. Uh the cards reflect our mission that are not intended to be negative in any way but rather be positive that the public is coming together around and shared calls and transparency, accountability and open government. Tonight, we will distribute watchdog Christmas cards as a symbol of

the community engagement and goodwill. Halfway through the fundraiser, we said we would deliver the cards in person if fundraising goals were met. Well, they were met. That's awesome. Again, we invite everyone to uh see these cards as a reminder that open government benefits us all and that you will enjoy having a little watchdog decorate for your office space. So, Chief, if you pass these out, I appreciate it. What are the front?

Those are for the front. Go ahead. These are for the back. Yeah. Did I get one? Well, thank you. I got one, too. But uh on behalf of everybody, you know, in the town that donated, you know, for you all to have these cards, how

Yeah. You know, I'd just like to say thank you for everything that y'all were doing. And y'all have a merry Christmas. Be safe out there. And hopefully y'all hang these up in your offices or hang them up on your refrigerator and keep them and show everybody what the community thinks. Billy, thank you. Season's greetings to you as well. [clears throat] Thank you, sir. And uh next we have Brian Simons.

And please just approach the podium. Give us your name and address.

My name is Brian Simons. I don't live in y'all's town, but my father does and I'm here representing him. Lloyd Simons at 922 Cumlin Street. Uh for years and years, uh he's been fussing and finally I thought I'd come talk to y'all. Uh when y'all schedule your trash pickup, my father's 92 years old. He don't get on Facebook. Looks like the town hearing could do something to let the older generation know what's going on in this town besides putting it on Facebook or, you know, filming. He, you know, I'm sure he's not the only one that don't get the information because I've seen other people on his street trash sitting out there and no pick up. And it ain't like trash is not being picked up weekly. It's, you know, y'all know months ahead of time when you're changing your schedule. Put it in the water bill. Uh, make an automated call. You know, things like that is real popular. And one other thing that he'd like for you to consider u he called and fussed on his about his neighbors uh putting the trash in their backyard. Kane said it on his front porch to be picked up. He was told, I don't know who he talked to, but whoever told him said that y'all could not do nothing about it unless y'all seen it. And of course, you can't see it in their backyard. I'm sure any of y'all council members sitting there, if it's happened to y'all's neighbor, you wouldn't like it either. It's bringing rats into the community. And I'd really appreciate if y'all could, you know, possibly think about doing something about that also. And I really appreciate the time that the council members will let me speak. And if you have any questions, I'll be glad to answer anything. But far as I know, it's, you know, pretty open book.

Todd, have you talked with Todd? Yeah. Todd Todd Long back there. Let me know his address. Get Ryan. Get get with Todd. Give him your information and and he'll look into Okay. Okay. Todd Long. Thank you. Thank you, Todd. Thank you. It's very good to see you. Good seeing you. Happy holidays.

Next, we'll hear from Chris Sley. Chris Softly. Um 120 East Main Street representing the Wooden Pickle. For the past few months, we've uh we've had some challenges to uh to fall into compliance with the town ordinance that has to do with the dumpster uh enclosure for businesses downtown. Um I've been working with Todd and Ken. Uh I was actually taken to court last month where the case was dismissed. Uh we built a one-sided fence. One of the challenges with the property that we have is that the the dumpster service cannot get to the dumpster. And so that's why we built the fence the way we did. Um late last week I got an email from the dumpster service. It's Republic Service. and they told us that due to safety concerns about getting into the parking lot and the way the fence is constructed, which was really the only way we could build it, uh that they were going to cancel our service at the end of this month. So, what I'm here uh to ask the town for tonight is an exemption from that ordinance. Um there really is no other option for us to do trash service. the uh the service that the town provides is not adequate for our needs at the wooden pickle. We get two pickups a week with that large dumpster that we have behind the pickle. And u so I've had several meetings with with Todd and with Ken to try to come up with a solution for this. And we we really currently don't have a solution other than than to bring in a dumpster. And they're saying that the fence that we built is in the way. And there's just really there's really nothing else that we could do at the wooden pickle. So, um Todd, if you'd like to add anything.

Todd actually talked to the dumpster service. I believe it was today.

So, I so I did talk to the dumpster service today and he was saying that they could get to the dumpster, but because of the overhead wires, the way they raised it up, they had to back out into the street. But he said the main concern was when they put the dumpster back down to pull it in that they could not see the fence. He did say that, you know, that he would be willing to meet up here. I'm not so sure that that that's an avenue that Chris wants to pursue. I know that he's got money in the town that he's already gotten. Uh what I didn't explain to Chris today though, the town does have dumpster service. I just don't know what size dumpster you would have to have. Uh Billy sets that rate. I know the ins and outs of that would to give Chris a lot of information other than I don't know if you rent the dumpster from the town if you got to buy the dumpster we pick it up for $65 a month I I don't really know the in and out of that and I didn't think about that till you today Chris

we we've never rented dumpsters I can tell you that we did have the trash truck at your location today Chris was actually backed up against so we get there and get it. But our dumpster is a rear load dumpster. It's different than the overhead dumpster that you have. Well, all that's news to me. So, I'm u not aware of that either. But council, what say you? Is there a path forward here for Mr. Softly? I I think it just needs some more study and what which committee would be in the near future to meet in two weeks? I mean, we're not I don't think we need to take any.

Sir, with all respect, I don't have any time. I'm I'm out of time. They're they're going to end the dumpster service at the end of the month. Okay. So, I don't I don't know what I don't know what to tell you about right now acting on a variance. That's my only problem. Well, um if there are any other solutions, I don't know. You've looked. Todd just gave you a solution. Possibly. We you need to look look into that to see if it works for you, but I don't think we need to discuss it right now. We need to get staff to look at it with you and and deal with it quickly. Um, may I ask a quick question?

Yes, sir. We don't want to get in the weeds here, but I I do want to understand this. Um, the dumpster service had no problem with it until the enclosure um caused the problem. That's correct. Okay. So, if we were to temporarily take down the enclosure, the dumpster service would continue servicing you. That's correct. Okay. Just so we're clear on on those items. We uh should get this in front of the committee sooner rather than later. And um as he says he has no time because um so I would think that we would have to take action tonight or we very well could lose right

a business. Is there any way we can issue a um temporary temporary injunction to the ordinance for for the pickles to operate until we can work out a some Mr. Finnick, is that possible? Well, I I believe that Mr. Law when he spoke with the trash company, they had indicated that if a flag were put on the fence that is up that that would assist them. Mr. Long can tell you about his conversation.

No, that wasn't from the trash. During our conversation today, Chris had said something that they had said to him that they could possibly put a flag on to see the end of it. I know when I measured it today, the end of the the end of the fence was 22 feet away from the light pole that's sitting to the west of of his fence. Mr. also had the uh town crew with the garbage take the truck there and they went in and they they can service the property according to the driver of the truck. Wooden Pickle might need to buy that rear loading dumpster of a size that they they needed.

Well, the the [clears throat] size we need is the size that's there. That That's why that size is there. Do you know what capacity? Six or eight yards. Do you know? It's the big one. It's It's probably It's hard to tell. And it's serviced twice a week. It's It's hard to tell um by looking at them. Most people can't tell what size yard in yards, but I gave Todd uh some uh paperwork today that would show the measurements so you can do it by inches and come up with your yardage. If uh I'm I'm sorry. Go ahead.

No, no, I don't mean to talk over you, sir. Go ahead. If um if we were able to get him a can to accommodate the rear load on our truck, would we be able to accommodate the twice a week uh emptying of that can? That would be a Tony question. As far as scheduling, we usually do commercial trash on Fridays. That's what I was thinking. Yeah, just Friday. And you know, we do hospitals, state hospitals, that's you know, that's several cans on Fridays. I think that'd be a Tony question if you can, you know, if you can schedule. Mr. Sley, is your enclosure is it cemented into the ground? No. How is it fixated? No, you're talking about the fence. Yes,

it is cemented into the ground and it's actually anchored to the there's there's an existing concrete pad that's there and so it's anchored uh also to that. So, there's not going to be a temporary removal. It will be basically demolishing what you just built. Yeah, we'll we'll take it down. It's it's with screws and all that, but I mean, as far as we'll have to cut it off at the bottom, but but we take the rest apart. Do you mind disclosing approximately what you've invested into building that uh altogether? Probably about $750.

Um going forward and seeing the timeliness of this and uh the wooden pickles duration and uh importance to the community. Um, I would think that a temporary variance would probably be uh if possible um and voted on by council, a temporary variance on this until we can find a solution to this problem. Um, and I'd love to hear council's ideas about the time limit on that.

Well, I I guess I have a question and [clears throat] your business is so important to this town. We all eat there and all love it. What about Todd? This is a question I guess to you. What about the other people who are adhering to the variance and have built what we have instructed them to build? I mean, can can can everybody come and then get uh

if they can prove the same uh problems as the line clearance and the space permitted, I'm sure that they could if they have the same conditions and or similar conditions, but um this is the first person that's come before us with this type of request to my knowledge. This is more like a hardship. Yeah. Stands on its own. Each case would stand on their own like anything else. What was you saying about the state hospital? We we we empty cans up there. How often? Once a week far as far as I know once a week Fridays and we're not you know we're not really in the commercial business but we do have some.

Yeah. Like you I as long as I've been on council commercials has been on Fridays. Yeah. Uh well is but Tony I mean you're right Tony's own one can answer this logistically he makes this doesn't he and Tony would have to say if the town could pick it up twice a week that's what you're asking that's what I'm saying and you have two weeks left till December 31st yes I do know the town does pick up some business twice a week it seems like there's another one that would the solution, I guess.

No, the the only other argument that I see and problem to that is that there are cars generally parked in that area and um I think that that could probably cause problems with the town picking up trash as well. I don't know if that would be accurate statement or not. There there is some parking back there for the employee. There's like three spots back there and it's for the apartments upstairs and the and the employees. So, if the tan can't get in there, then the contractor can't either if there's parking if the cars are parked there. No, it's the same. They're both vehicles. I I'm not I'm not familiar with the logistics. That's why I ask

the car the car issue would be the same for a private contractor. Yeah, the the can is at the end, you know, it's towards uh Town Street. It's it's at that end. You can't put the dumpster anywhere else on the property. And does the town dumpster meet the size that you need? I don't know what size it is. We would have to get the size he would need to help figure out what size it takes. How many yards? I'd say it's a six or an eight yard. Okay. So, can we give a tentative variance if the solution that only Tony can give us who is not present tonight? Um, could not

it it would be something that may not happen. Well, this uh speak up, Mr. Finn. Go ahead, Mark. explain about if we want to do something temporarily to keep him in business and then figure something out afterwards, what could we do legally? Again, he has trash pickup that will continue through the end of December, I believe, is what he said. So, it's not that that fence is not preventing trash from being picked up right now.

What? Right now what our ordinance said is that he was to have discussed the issues prior to installation with the trash company that he was using for them to determine what size he needed as far as the fence is concerned. Again, I'm I'm not sure that the fence has caused any change and lifting up the the dumpster to dump it in the back of the the bed. If there was an issue with overhead wires, they would have existed previously whether or not that fence was there. But, um, the town the town's trash truck as such that hang back up to it, dump it into the back. The wires do not nothing impacts the town.

What What's their normal fee? $65 a month. This is ultimately going to go to my committee anyways for the the sanitation committee. You're correct, sir. Mr. Softly, would would you be open if we can figure this out logistically, would you be open to town trash service if we can get it figured out for a size container? What is your current monthly fee? Uh, we're about $510 a month. How about $510 a month?

We wouldn't charge you that much. If we can meet those restraints and still provide your trash service with a rear load dumpster and we can do that with pretty good haste to get you an answer here pretty quick. Would you be okay to give us time to consult with staff and a little bit of discussion with committee and see what we can come up to? Yeah, absolutely. I mean, I'm kind of at the at the mercy of the town council as it is. So,

well, in my opinion, I don't feel like we should put you in a position to have to throw away the money that you've already spent to build the wall. And if we can accommodate your trash pickup with a can, if we can figure out the logistics of getting you a can in time and then arranging the pickup process, I think that if you can just give us a couple days to discuss it and go over it, I don't think that we'll have any problem accommodating you if you can just give us a little bit of time. Sure. And I give you my word that I'll work on this with haste with Todd. I appreciate that. Well, let's go ahead and put this in the form of a motion that this is going to go to your committee if that's okay. I'll make the motion to send this to the sanitation committee. Second. Second.

Motion and second. I think we've discussed it enough. All in favor of sending this issue to sanitation committee. Okay. Could you give Hunter a copy of that paper I gave you today? I I gave it to Mr. Long. Mr. Long has it. Mr. Long, would you make a copy of that quotation from 24 and give it to Hunter? Yeah. Tony. Okay. But I recommend that Tony be present and get, you know, his opinion. Is Is Tony out of town? No, he had a Christmas engagement. So, he may be back through here. I don't know. Yeah. Okay. So, we can meet with him. Thank you. Yeah.

All right. Uh, moving forward. Uh, Leam Meadows. Leo Meadows. Thank you for being here, Leah. This is kind of quick, so I don't really have anything written um down. Um but recently the property um that used to be the old Buster Brown plant is now being used. I think I know it's being rented or at least from the town um for the company that's doing the water and sewer repairs. That's fine. Those people don't work at midnight. those people don't work on holidays and and you know completely if it's used for storage then that should just be you come get your storage and you leave what what it's come down to and I did look after I spoke to you today that lot on Dover Street where Buster Brown used to be is zoned industrial everything around it is zoned residential and if you look at the Virginia code for what industrial stands for the very last words of their um explanation is to separate from resial areas. Our citizens are complaining. Um, I can personally tell you from my house, which is two doors away from Buster Brown, our backyards literally connect. From my parents house, where I've been staying with them for the last few days, their backyard connects. I can sit in my bedroom at their house which is 150 200 300 feet away and when those trucks come and dump that gravel and then they go to pull out the drivers don't get out and shut the gate or however they're going to do on that truck. They bounce it. They bounce it. I counted seven times the other day that one truck bounced trying to leave that facility. And it's almost like concrete hitting metal. Like you took the bed of a truck and you just slammed it down on the concrete. That's what that sounds like. And you can imagine that happening at 2:00 a.m. 3:00 a.m. So when I come in late at night on

the snow nights, um when thank goodness we have people that do, you know, gravel salt our roads, the town people were there getting gravel, get whatever they were getting. Those town trucks were loading at 2, 3, 4, 5 in the morning. That's not so bad if they're not banging their truck beds. And those are not the ones that I did hear banging their truck beds. But if it's not being um used for that manner, we have different places in the town that the town has paid for that we store our salt, we store our gravel. Um there's all that [snorts] over on Iron Street. That doesn't need to be in the middle of a residential area in the middle of the night when you've got bedrooms 10 20 feet from this pile of stuff that they're taking it from. And it's we've asked them before. I know when I two years ago when I had my home office, the bedroom or the office um bedroom office window was right there and I literally called the town and I said, "Just listen to this." We couldn't speak two houses away for all the backup beeping noise that we were getting. She couldn't hear me, you know, and that's that's what's happening to the neighbors again now. Um my daughter works evening shift basically in Bristol. She comes back at sometimes 1 2 3 in the morning. She's trying to get to sleep in an upstairs window and then she's hearing bang bang bang at 7:00 in the morning. It's not right. Um our main concern should be for our citizens. And this place was closed for all of those years. And I'm not sure how that 2-year um requirement comes in that if a place is closed for two years, that's under the state statutes. If it's closed for two years, it gives up its special um I don't know what the word is, alteration alternatives um for that property to be used. I realize the town of Mariana owns it. I realized that we're probably getting some rental monies from that, which is fine, but they need to be told. Today, I literally stood out on my parents' back back porch and watched

this dump truck and I think my neighbors actually have video of this. He was a front end loader and he would come here in the If you're looking at Buster Brown, it's on the right side of the back parking lot. Their house is here. My house is here. The house I was at is right here. And like I said, I'm 150, 200, 300 feet away from where he was at. Um, the dump truck comes up and he picks up a scoop of gravel and he takes it to the top and he dumps it down the back. Just getting closer and closer to the same. Our point was if they're going to put that gravel there, come and get it. Take it from there and get out. If they don't want it there and they need to move it from point A here to straight up the the pile, it it looks like somebody out there playing with taco toys. He has no purpose. He was absolutely doing doing no purpose today after I called um you and I ended up calling Billy. Um then a town truck came down there or SUV and I don't know what he said to him but I heard phone call and stuff you know I could hear the men talking from there as well and um not sure you know what they said but he got off he stopped for about 20 15 20 minutes and then went right back at it till right when we were getting ready to leave to come to this meeting. That's not storage that's industrial working. There's not an industrial site there. You know, it was made to be manufacturing. Buster Brown is quiet. If there was something there like that, we wouldn't mind a bit. You know, if it brings, you know, jobs for our people here, something for our people here, but when you've got one little boy out here moving gravel from point A to 10 feet away to point B, that's a waste of my tax dollars. It's a waste of their time. It's a waste of my patience. And um after a little while, it'll drive you crazy. It really will. When you sit there and you hear bang bang bang, beep beep beep bang bang bang. constantly. My parents are elderly. My dad can't hardly hear when I'm talking. He says I talk too fast. And I probably do, but I'm trying to get my point across. He hears this banging. They've both got bad hearts. They get woke up in the middle of the morning,

like 7, 8:00 in the morning with a big bang. They don't know what that is. That's not good for our citizens. I don't think I think if they're going to do that, if they moved it to the lefthand side of the building in the back, then they would be above sound level for the for the people that live on Wolf Avenue. I've not spoken to anybody on Wolf Avenue to see how well they're hearing this or if they're even hearing this. I don't know. Um all I can speak for is the people on Burlington Industrial, Dover, and Catherine. And that's a whole block there that the citizens are being annoyed, you know, and there's no sense in it. There's really not. Um, like I said, we don't we don't disapprove of it being used for storage, which is what it was supposed to be for, but not when they're just out there playing with gravel. You know, bring your dump truck in, put it where you want it with your dump truck. If you want it backed up 10 feet, back it up 10 feet and start dumping, but don't come in and rearranged and for eight hours a day, five days a week to just play in the dirt. That's all I got to say. We would like your help with that.

Thank you. Thank you, Leah. I think what she's hearing is the uh road salt deliveries uh the trucks are too big to dump inside the building. So they actually dump it on the outside and then carry it in with the loader bucket and put it in the salt bin inside it. Yes, they're carrying they're moving gravel. I'm not talking about salt. I'm talking about gravel. Well, there is there is gravel over there, too. And we have a place for that. Buster ground. If it's being leased out, it's not being it's not being leased out. It's it's it's total town use 10ear contract. Huh? I was told they have a 10-year contract with who? The company that's doing our water improvements.

We're doing our water improvements. We're self we're own contractors. Okay. So, see then we're being told two three different things too. I don't. But what what it what it boils down to is that needs to be either put a soundproof barrier up

or do something to protect because that's the only industrial lot in this whole residential area. And if you go to the new residential map for the Smith County, Virginia, there's no industrial in this area. It's all residential. So somehow or another, and I don't want to argue, I want to come together and get this resolved, get this fixed. I'm not here to start an argument as to who's using it for what. I'm here to start an argument or made the statement of who's using it when and how they're using it. And if that's our employee out there for the town of Marion out there moving that gravel for eight hours a day, he don't even need to come to work that day. He can come to work for an hour in the morning, move it where he wants it, and go home.

May I ask you a question? Um Leah, did you say did I understand you to say that it was in the middle of the night that this happened also? Yes, ma'am. If they were over the night, they they were salt roads. Oh yeah, sure. That's where our soft kit has to be in the dry. Yeah. So if if if they were over there beeping and pollen of the night loading trucks, it was near slick roadway. Where did we keep our salt before uh we had the Buster Brown? We bought salt off of VOTE for many years. Yeah.

When I first come to work here, we had an old shed down the town shop. Well, that didn't work because of EPA. Um then VOTE started selling us salt and for many years we bought it off of VOTE. Uh they build us every quarter forever how many tons. U but they don't know V dot done away with it. So we had to scramble before this winter to find a place. No last winter was the first. So this is relatively new. That's the reason we haven't had any complaints. This is the second seen anything. Okay. So, uh that's that's the reason that um so okay um what committee would this go to?

Well, VOTE storage is there isn't dry too. I mean it has to be out. It has to be an enclosure. It can't be in the elements. Okay. So, I'm just asking how do we find the solution? That's all I'm asking. We have an enclosed area at our town. No, I did. Then my only request at that point was because I don't want them to stop softening the roads would be to tell, you know, they're and they weren't the ones that were most noisy. I don't think they're the ones there bringing all that gravel and stuff in in the in the mornings and then trying to slam their truck bed gates shut on the way back out the fence. Um,

I don't know who's doing it, but it's not my job to find out. I'm coming to you all as a citizen of Marion. And as a citizen who's been here all my life on this block, the same block, the same backyard area, and we've never had this problem before. And if I'm paying, if my tax dollars are paying for this guy to sit out here for eight hours a day, Monday through Friday, just moving gravel from the bottom of the pit to the top of it, roll down the back again, we're wasting our money. I mean, they've got one less. I think what she's talking about when the trucks come dump gravel, I mean, you have to keep it pushed up or he runs out of a place to dump it. I think that's probably what she's seen or what she's talking about, but I I'm unsure on what you can check on it. Yeah.

Okay. So, we'll just have the town manager check on this for us and give aware of it and work on a work on a permanent solution. It may be up in that area. We, you know, we may have to build something. I don't know. Okay. At a at a minimum, move it to the other side of the lot where it's not right up against our bedroom. We appreciate you bringing this forward to us because we certainly don't want to we want to be good neighbors and want everybody to be happy. Absolutely. So, um I think we were unaware of this. Now we're aware. Thank you. Um next we have Britney uh Rosenlaw. Did I get that right? Okay.

Britney Rosenlaw, 628 Burlington Street. Um it's about the same issue. Um it was not the salt trucks. Um this was occurring last week when it was not snowing or not going to snow. We've been living at that house for three years now. Um we've lived in other small towns too and we've also lived in the city. Um we enjoy this town. We were elated to found to find a town like this where there's a med center and there's these things where I've lived in small towns where there wasn't even a clinic. Um we enjoyed the peace and we have great neighbors. Um we love that about this town. Um up until last week um that same [clears throat] property that had we been we know when it snows they get the trucks going. We I I get excited about it because we know that we're not going to be snowed in. Um we used to live out in Oregon in Wimik Forest and once it snowed, you're not going anywhere. So um we were hearing dump trucks and gravel. Um all night going into the early hours when it wasn't snowing. That's when I contacted Tony myself and I told him what was going on. He told me that he would ask them to not start working before 7 a.m. or after 5. But my husband works from home. His office window is about 20 ft 15 ft from where they are doing the stumping. He is currently losing money to be here tonight because they just stopped doing it as we were leaving the house. He has had to take off work because he cannot hear his customers on the phone. He works for Xfinity from home. This is now costing us money and stressing us out. We are not sleeping.

He does not get off his shift until after 10:00 sometimes. Um um we are also insomniacs. I have PTSD, so sleeping's already hard. Um pardon. I'm going to kind of go back and forth here because I'm very tired. Um, our home and our property, our windows are covered in gravel dust containing respiritable crystalline, silica, quartz, heavy metals like lead and other problematic microparticles. These are all known to cause cancer, COPD, and other serious respiratory issues. Um, my my stepdaughter has developed a rash since last week. Her bedroom is directly facing the lot upstairs. Our bedroom is directly below that. Um, we've all been coughing in our house. We can't open the windows because obviously it's cold, but we can't. It's coming through the cracks. Um, we've tried closing the curtains and all that. Um, our heat vents when we run our HVAC smell like fire now, like it's burning metal. Um, so basically I think Lee covered the rest of what I was going to say. So I'm basically requesting to have that gravel mountain moved to either the other side of the lot where it's not going to affect people's health and homes or to another place in general um if there is one. Um because it is the noise is horrendous. All we hear all day is beep beep beep beep beep beep beep beep in every single room of our house and in the basement. And that's going to drive

you nuts when you hear that every single hour of the day. I don't even know if they take lunch. That's true.

Um, then there's the slamming of the truck, which we've lived in the city, so we've played is that a gunshot or a firework. I [clears throat] want to play that. That's why we moved to a town like this because it's nice here. Y'all don't have that. And we love that and we want to be a part of that. I don't want to wake up to is that a gunshot or a firework. Um, yeah. So, if y'all could take in consideration that maybe, you know, I don't think y'all would want that for your families in your homes either. Um, as a community, so maybe we can figure out a different place to push the gravel. Um, and my husband also has video of the Tonka truck situation, so um, he'll be talking next, but thank you.

Thank you, Britney. And uh welcome to Marian. Um I'm glad you want to live here. Uh and I think we're going to make it so you'll like living here. Um next we have I assume uh your um other half Christopher Council Christopher.

Uh what could be said that they didn't say already? I didn't anything because I knew they were going to come prepared and uh I had to take off work to get here about 30 minutes before I started driving here. Um so I didn't have time to prepare anything. But uh this is just the absolute most ridiculous thing I ever seen in my life. I've been here for three years and I have been working in that same office for three years. Now my customers can hear it. Now I'm telling my boss I can't work. Now I'm telling him that I got to go. Now I'm telling him that I'm coughing my head off. I can't breathe. I can't focus because all there is is beep beep beep beep beep beep beep. And yes, there is somebody who is just driving up the mountain and driving down the mountain for eight hours. There is deliveries coming in. Um we see that that happens you know few and far in between this guy is just you know rumaging through the gravel. Um, but as Lee was saying, it is so absolutely ungodly disturbing when they dump that gra that gravel and the truck bangs that it's literally impossible to sleep through. It's impossible to deal with. It's impossible not to just jolt out of your skin. And that's now happening Monday through Friday, 7:00 a.m. to 5:00 p.m., whatever they whatever they told her. That's what it feels like. Um, and I'm working late. I'm working till 10:00 p.m. Sometimes I don't eat dinner till 11. You know, we This is just the way it is now. I work from home. My boss is telling me, "Well, you can relocate. I work from home." I told him, "That's ridiculous. I can't relocate. You know what I mean? That it's my home. This is

the only side that I can even work on. I can't work on the other side of the house. It's impossible. That's the kitchen and the living room. It's uh not that much space. So, yes, I took unpaid time off to come here and to show you guys the video of exactly what's going on. So you can see the proximity of this is me standing on my porch. I don't know how you guys could all see this.

Is it possible to cast that to our monitors?

Anyway, as you view that, um, that is me standing on my porch taking that video. Uh, right next to that gutter that you see on the left there is my office window. Not even maybe 20 to 30 feet away from this gravel pit. And then it shows you the cloud that that's coming up as the gravel is being poured down. That cloud, wind or no wind, is coming in to my windows where I'm working and I'm coughing and wheezing and I'm unable to functionally work. I'm losing about $150 just leaving work today to come here to tell you guys this. Um now, previous to um uh this situation, there was gravel, but they were putting it on the other side of the lot. The lot is about the size of this entire building, maybe twice that. So, they were putting gravel on the other side. Now, there's these big tubular objects on the other side. Um, I don't know what that's for. Probably something to do with the water. Whatever it is. Um, if the gravel was located over there, this would be an entirely um, better issue. But

did you have any problem last year? I'm sorry. Did you have any problem last year? No. Or the year before that. And that's the thing. This is now becoming a mountainous pile of gravel that is close to our property to the point where it is not it's not safe to be outside. It's not safe to open the windows and now I can't even sit with the windows shut and work. So yes, prior to this they were doing something else with that gravel. It's probably soft gravel for phase 13 14 I am guessing. But that's probably what it was. Okay. I just move that we look into it and refer to whatever what who wants to

Well, I think we're going to have uh town manager look into the situation. Yeah, that's all. And give us a just get some eyes on it. See what we can do. I think that's the best idea. If I may speak, I know when I did call um the town two or three years ago when it first started happen, they did move it from this side to the other side of the lot and I worked after that for another year. having a problem. Okay. Just just let Billy and Tony look at the visa bill if you resolve it. Like I said, Tony Tony's aware of it. I think Okay. The young lady don't call Tony. He's aware of it.

All right. Uh, one other thing I just wanted to say real quick is that our house is the post is in proximity to anything that's happening uh with this um area. her house is Lee's house is right next to ours, but we are, you know, right up against that fence. Um, going around the fence, if you go all the way around it, there is no house close to it other than ours. So, yeah, the entire lot, there is plenty of space on the other side that would not even affect the neighbors because you you go like maybe 100 200 feet down to even get to their backyard. They're they're downhill. Um, smoke rises, right? So, uh, we're right we're right here. They're right here. Clouds are coming up this way towards my window. Um, any other space that would be far enough away to where that wouldn't be an issue, uh, would be agreeable.

Okay. And I just want to leave on that. Um, I think that, uh, this is a great town. I've been here now three years and I've been at peace up until this point. Now I am not at peace. We'll we'll look into it. We hope to return you to peace. Thank you. And u we do hope that you have a happy holiday. Thank you.

Thank you. Um that closes the public comment time of our meeting and we will proceed now with our uh council members and committee reports. And um if we can start at the end with Larry Carter. Only thing I do was uh I I feel like with the the loitering is that we postpone any action on that ordinance until we get the new town manager on board and get his input. He can meet with my committee Todd, but I'd like to have his input.

I don't think there's anything actionable there. It's in your in your court. So I think far as it passes legal muster as far as that back to the check that's the main thing we got to always look at is does it pass legal muster which it does. No it's but with him but coming on board January. Is that correct? Yes. January. Okay. I'd like to have his input and let him look at it. So it will it won't hurt to postpone it until u oh gosh when does he come on board? Fifth the 5th January the first meeting. Yeah January January 5th.

It should be we should have a decision by the second meeting in January. It'll remain in your committee as it is now. So that's that's all I have to report on. All right. Is that all right with you Todd? Yes sir. Todd Nay, no report, your honor. Councilman Atwell, no report from me. I just hope that everybody has a merry Christmas and a happy new year. Amen. Wonderful. Councilwoman Jennings, just a couple of comments. The Christmas parade was well attended and Ken, you all did a good job. Thank you very much. Dr. Gates and Catherine

and I was coming around to that and Dr. Gates and Katherine for uh leading the parade. um or staging the parade rather. Another thing I want to mention um there Mottown Christmas at the Lincoln Theater. The tickets have been reduced. Uh it's Thursday night the 18th. I believe this is Thursday. Um so if you can please purchase a ticket and uh come to the Lincoln Theater. That's all. All right. Thank you.

Well, Susie stole part of mine. I would like to thank Katherine for helping with the Christmas parade. And it seemed that this year we had a lot more local uh floats and uh entries than we have in the past. I know it's it's gotten small and we were lucky with the weather. Uh but I want to thank Katherine for helping with it and everyone else, all the police departments and fire and rescue. And I have no other things, no other comments. Thank you, Vice Mayor. No report.

Thank you very much. And uh everything's already been said uh except for u happy holidays, merry Christmas. Hope everyone has a safe holiday and enjoys their family. And remember um the people that are less fortunate than us. Um if you can do something for somebody that can't do it for themselves. And uh that will end the mayor's report and we will continue on with the I I will say to Vice Mayor Gates and to to Katherine, good job on the parade. I that was tough. It was tough to watch see somebody out there trying to orchestrate that and the weather that we were having and uh and I thank you from the bottom of my heart and from the warmth of my car. [laughter] It's tough. Thank you, Dr. Gates.

Okay, I'll move on with the attorney's report to Mark Finnick. So just for council's information, we did the the circuit court judge did enter the order where you all recommended um Brenda to the BZA. She has been appointed. So her next [clears throat] step is to go get sworn in by the clerk of the court. With regards to the parade, I I would just point out, I don't know those of you that noticed the UFO, but um Michelle Ward with the recovery court, the director was instrumental in in getting that set up. And one of the participants, Autumn, um did the smaller um UFOs and used her talents. And so I just want to point out that those that have suffered through substance use disorder as they're recovering, they've got a lot to tell.

That's all. Thank you. All right. Thank you. Um we'll move on to staff reports. Uh Cindy Stanley Okay. So, everyone has their accounts on their iPads. Can you can I interject while everybody Yes. Yes, sir. I I forgot to mention I've been here 33 years. Uh Mr. Ham has been here 43 44 40 years and three months. Okay. This is his last meeting

and uh he is uh he filled in uh when uh we needed a town manager. He has been always uh anyways he's been here 43 years. He's worked up from a garbage truck. No, I No, not never did the garbage. I was in purchasing all the other times. Anyways, he's worked his way up and uh he retires as our town manager. He didn't want any fuss about this, so I'm not going to. I'm just gonna say that Billy's retiring and we hate to see him go.

Well, I'm going to make a [applause] little [applause] Thank all of you. Thank you, Billy. I didn't realize this was your last meeting. I thought you might forgot about it is the last meeting of the year. I know, but I thought maybe you'd be here for one more. Uh he will be here for one more when we honor him. Started for the next one, but [laughter] Well, we certainly appreciate you. You're a [snorts] decent fine man. Thank you, ma'am. Okay. In the gap.

So, but we do have the accounts uh in front of us now. Um, do we have any questions on any of these accounts? They look good. Do you need to put a motion to put them into play? I make a motion we pay the accounts.

Second. We have a motion and a second. Um, any questions? Give you a second. Not too long. Everybody's already looked over them [snorts] anyway. So, if there's no questions on any individual accounts, let's go ahead and take a vote. All in favor of paying the bills. And that is unanimous decision. Anything else, Miss Stanley? Thank you. That's all I have. Thank you. Okay, Chief Tester.

All right. But uh last Thursday we went up to Richmond for uh senior officer Evans and uh patrolman officer Angelo Brown. They received a MAD award against dunk driving. U officer with Lieutenant Taylor also went along. Uh it's staggering at the amount of DUI drunk drivers and are under the influence of narcotics is arrested throughout the year. The top arresting officer in the state arrested 110 DUIs last year. So that's just an amazing number. So it was an honor to be up there and watch officer and them awarded for their part of making the road safe in Virginia. Um we've been uh looking at a few grants coming up for for next year. Uh some equipment grants and uh a heat awarded grant. So we've been discussing those and looking at those. Next week uh we're going to be uh bail ringing. Uh so we're looking forward to getting out and ringing the bells and trying to get some money for Salvation Army. It's a good cause that when you ring the bell, you're It opens your eyes up to how gracious our community is and I'm glad to be a part of it. And uh we're also signed up for that program and that is more or less a standardized uh domestic abuse policy and program that you follow a protocol uh that uh really centers in on the victim and taking care of the victim on that. We're looking forward to getting that grant or that program started in next year. And uh we also teamed up with uh DSS social services and the National

Guard last week for a toy drive. Uh we met up at Dollar Tree and uh there was like four vehicle loads of toys that were donated for us to be able to give out to the children at Christmas and we're looking forward to all that as well. And that's all I have unless there's any questions. marijuana. Thank you so much, Mayor. Mayor, I I left off a matter that I need to bring back to council. If it is your time to do that, please do so, sir.

So, the uh property maintenance official position, La Davis, this this was back um some time ago. The way that the motion got presented was that Flave Davis was being appointed as the property maintenance official and that's actually not correct. That was done in incorrectly. He his position is not an appointed position. It is a position that council was saying his job duties would be property maintenance official. So, if we can get a motion in a second to clarify that it's a job position duty, not an appointed officer.

I'll make that motion. Second. We have a motion in a second. Do we have any discussion on this? Does this um um of course we would have had to created an appointed position? Um so we don't have [clears throat] that in our um in our hiring. He he he he attained that position through training. There is no appointment in our Yeah, there's we don't have that. There's no manual. There is no appointed position for this. That's what he's clarifying. Okay. So, it's a hired position, not an appointment. Right. And we just misspoke.

Okay. We have a motion in a second. Um any further questions? All in favor of re licking our calf. Okay. Um We do we have anyone here from uh fire and MS?

No. Uh Rusty still medical leave and Dicki had a had a Christmas engagement. He had to attend. So um they didn't have nothing special. I offered to give their report but they been the season. They do a good job. They they deserve a little bit of RNR, I'm sure. And next, uh, I see a I see something in the Hard to believe. Hard to believe. Your eyes are going bad like an iron. There he is. Ken Heath from Economic Development. Ken, amaze us.

I'll I'll keep it I'll keep it short. Uh, while I'll keep it, that's enough to amaze you. A reminding Friday this coming Friday at 5:00, we're going to be doing a a short dedication at Steel Park. Uh guys have a bunch of stuff to do in the spring as far as seating and that kind of stuff at a talk with Tony. Talked with uh Greg Rashad and neighborhood we promised would have something done by the end of the year and we want to make sure we get it done. So please be up there at 5:00. It won't be long because as Billy pointed out it gets dark at 5:05. So we want to hurry up and get up there and get get done. Uh but we do want to do that. We talked to Linda Helton. The Smith County Foundation has been instrumental in helping us do this as well. But we didn't want this uh important uh dedication to to go by without making sure we did a little something to remember fact that we have uh completed a project and always like to celebrate.

Nice Christmas gift for the community. [clears throat] Absolutely. That's all I have here. Well, thank you, Mr. Keith. And we hope to see you at other things. There you go. During Christmas. I will be around. [laughter] Yes, you will. is the uh what the uh employees dinner tomorrow. They're doing their own thing. Police department. They did that last year. Oh, okay. All right. Never mind. Okay. Todd Long, zoning and property maintenance.

Make it real short. I just got two requests uh this week for a special use permit. Uh one being for a home business. um after speaking with him um I didn't realize it's a rental property but I did get authorization today uh before this meeting from the property owner and he's fine [clears throat] with that request. Um I'm asking council when they would like to set the public hearing for that. I should be able to make it on the first meeting of January to meet the requirements. I should be able to get that in. Well, let's do it then. I make a motion we do it the January 5th. Just do it. Yeah. Second.

Okay. We have a motion in a second to set that for January the 5th and we can meet the requirements of the notification. Yes, sir. Send me that. I'll put it forward. Okay. All right, then. Uh motion second. All in favor? Okay. Um, continue please, sir.

So, that was the first one. The second one, I've got a request for the soco down here for uh two of the skills games. Uh, we allow two in town with a special use permit. Handover County Circuit Court has has determined that two of them are are legal. Um, Virginia Queen of Hearts or something like that. Uh, he is asking for a special use permit for two of those. And I just need to know if you want to set that on the same day. Council say you why not? Yeah, sure. Sure. But he doesn't have any now. Doesn't have any currently. Doesn't have what?

Skills games. So, just for council's information, the Hanover Circuit Court is where it started a couple years ago and then the legislature and the Virginia Supreme Court got involved. The legislature chose not to take any action. They put it off for a while. So, this matter came back to the Hanover Circuit Court. The games have been changed somewhat and that circuit court judge has determined that it is appropriate at this point in time. The Commonwealth Attorney has said that based upon that ruling, he will only allow the game manufacturer, so to speak, Virginia Queen of Hearts is the only one that he will not prosecute. If any others try to come in that into Smith County or the three towns, he'll he'll prosecute them. because they're not mentioned in the circuit court case out of handover. So there if council recalls, not all council have been elected at the point, but there were four or five properties that the owners did apply for special use permits.

Yeah. And those special use permits still exist. [clears throat] It would be the businesses or or the property owner agreeing uh with the Virginia Queen of Hearts. We don't have them um in place at this point, but the town did by ordinance limit the number and there is a fee for this to pay for the advertisement. When we first did this,

the town manager won it all at once and waved the advertisement fee because um again, I I think it was five five property owners that did it all at once under one public hearing. This does require public hearing. So, we can have both public hearings the same night. Do does this gentleman know that he has to have the games Yes. So, [clears throat] I've already discussed it with him. He's aware of that. What type of games he That is illegal. That is legal here in in Virginia. Gotcha. That we're saying legal. It's only illegal until there's a ruling.

Yeah. I thought this is Supreme Court not going to take it up again? They Well, they may, but right now they sent it back, didn't they? They've not taken this one up because the games say they [clears throat] haven't taken it up. the games on this manufacture. You're not putting money in the machine. You're going to the cashier and giving the cashier money and the cashier authorizes the machine to do whatever. So, it's somewhat different. The prior game only difference like tokens. No, there's no tokens. They give the cashier cash. Yeah.

Okay. So, um, we have a motion and a second, I believe. Is that right, Cindy? No, we don't have a motion on this one. Just we have made a motion on this. I'll make a motion to set the public hearing. Same date. Second. Second. Okay. Motion and second to set the public hearing for uh the special request for Skill Games. Um, we've discussed enough, I believe. Are we ready to vote? All in favor? Okay. Um, and that's all I have unless you have any questions. Okay. Thank you. Happy holidays. Thank you.

Um, town managers report. Okay. Um, last one.

Last one. What I'm going to talk about, most of it, uh, you're already aware of it. It's just some quick updates on a few things. uh phase 8 sewer. That was part of the uh market street was in phase eight sewer. Uh don't know if you've been up that way, but they began construction on December the 1st. Uh what that's going to basically consist of is uh they're replacing a u they're installing a 10 in and replace or they're replacing the eight with a 10 in and it'll run from Market Street all the way down to the uh one Chevy Way intersection. be a lot of crossings. Um um be a lot of manholes. Um but they have got start phase eight uh sewer again construction. Uh they're getting ready. It's probably we was talking today. I was hoping that they could get back up on Gross Close before uh the first of the year, but Tony said uh that it's probably going to be the first of the year now before um he can get back up on Gross Close. We still have a sewer line to put down through there. We pulled off of it earlier because of the Food City construction, but we still got to go back up on Gross Close and do a sewer line. uh wastewater treatment plant phase 8. They've compiled a list of improvement projects uh and identified them and they've sent it to the EQ for approval. Again, that'll be part of phase 8 9 through 12 water line east main. That's not changed much in the last couple of months. Uh they still got some 6-inch mainline delay and they're continuing to work on the tieovers. uh 13 and 14 what we voted on the bond tonight.

Um all the materials have been ordered. We've got all the materials and the closing on alone is expected later this month which is the 20

3rd. So at that point in time we can start uh drawing from it turning in invoices and recouping some of our money. [clears throat] Uh I mentioned a few months ago about uh we did get approved for state of good repair on paving of South Maine roughly from I don't know how far it's going to go go down. It'll be uh down past pace maybe right there [laughter] further down up to the job [clears throat] um state of good repair and it is to be uh it is to be sent out for bid in February of 26. So hopefully hopefully that we'll get that paid in the spring. And that's basically all I got unless you got any questions. Merry Christmas.

Merry Christmas to you, too. Thank you, Cindy. Billy, thank you. You have been amazing all these years. Even Even when we weren't gonna be different. Uh we have um no other things listed on our agenda other than close session which I will ask Councilwoman Jennings to bring us into.

Okay. I make a motion we go into close session to discuss two issues. The first one, the disposition of publicly held property is allowed under state code 2.23711 A3. And the second one, a personnel issue. The T. Billy said something also that we added to the agenda. Yeah, but it it's all it wasn't under close session, was it? No, that that was the uh Yeah, it falls under these two. Oh, okay. Well, it all falls under. Okay. A3 A3. Okay. Sorry.

Second issue, a personnel issue as allowed under state code 2.23711 through 3711A1 town manager hiring process. I second that motion. Motion and second. All in favor? We will move into close session. Thank you everybody for being here.

I make a motion we come back into open session and declare we only discuss the two issues um the real estate issue and the personnel issue and this is allowed under state code 2.23712. Second have a motion second to come out of close session. All in favor of going out of close session polling. Yes. May yes. Yes. Jennings. Yes. Spencer. Yes. Yes. Yes. Yes. The Marian Town Council is now back in open session. Is there any further action or items to come for the Marian Town Council?

Uh there's nothing uh to do before I do this. Nothing we need to do. We need to approve a contract. I make a motion that we uh that through Samantha, she has been in communication with our new our hopefully new town manager and that the contract that we have uh drawn with up with him. I make a motion we approve that contract. Second. Motion and second to approve the contract. Um, all in favor of approving the contract and it is unanimous. Now, are there other actions that need to come before the town council?

Uh, yes. I'd like to talk about the sick leave payout upon retirement. It's a 25 year old policy uh that it you that it was what was paid out if someone [clears throat] uh was retiring and had the the years and the hours in paid at 25% up to a total of $5,000. I would like to make a motion that we paid the 25% of sick leave up to $15,000 maximum upon retirement. This is not going to be for many employees probably uh but uh you know because but we do have some that do not abuse sick leave and they leave with a lot of hours.

So that is our recommendation. I'll make that. I thought I thought we went along with state guidelines. It all that's gate that's state guidelines 5,000. I lost a ton. It's a personel manual policy. Do what? It's a p it's a policy in the personel but it was based obviously on state plan because it's been 5,000 state of Virginia. I'm not I'm not certain where I mean I just know that in hours it doesn't refer. It's not a reference like now you have state holidays. You set your holidays based on doesn't refer to the state policy. Okay. So, did we get a second on your motion? Okay. Yeah. Our committee, this [clears throat] motion comes from our committee.

The the promotion was approved by the committee, the personnel committee. So, we have a motion and second. Uh, do we have further discussion of the sick leave payout policy? How many employees would be affected? Yeah, that's that's a pretty good job. Pretty good job. Well, a lot has changed over [clears throat] all those years. The amount what the money, you know, means $5,000 is not much. Oh, I know it's not much, but I mean,

well, that's our sum that be carried out over a number of years. So, the difference is $10,000. And yes, it is a fair amount of money, but it might be 10,000 this year and 10,000 two years from now, 10,000 three years from now. The last person that would have reached this entire [clears throat] three years. So people are working towards that. I'd rather have them working. Absolutely. It's an incentive we felt like to keep people to have this as a goal when they retire. And it if you look at it as an incentive also um it does keep people from abusing the sickly policy. Absolutely. So it's beneficial there.

Yeah. Anyway, we have a motion in a second. Do we want to continue discussion or do we want to take it to a vote? [clears throat] No further discussion heard. All in favor? Any opposed? Um, we need we need a vote. Yeah, I'll I'll vote in favor. I'm still thinking. So, it's seven to one. That's That's the way votes are supposed to happen. Some I'm I'm conservative.

Okay. So, now is there further um action? Merry Christmas. Merry Christmas and happy new year. Happy New Year. Merry Christmas. Do we second? Merry Christmas. [laughter] He said made a motion. Who said that? Gates. Second. Motion and second. Okay. Anytime. All in favor. All in favor of adjourning. Yes, sir. And it's unanimous.