Town, artists hammering out agreement

By DAN KEGLEY/Staff

Anyone who has paid an electricity bill lately knows that in part because of cold weather and high heat use, and an interim Appalachian Power Co. rate increase, the amounts due can come as a rather unpleasant surprise.
That uncertainty is at the heart of the last bit of good faith negotiating between the Appalachian Spirit Artists Association and the Town of Marion that renewed Monday the lease agreement under which the artists operate their gallery in the former police station owned by the town.
The agreement underlying the free lease set up three years ago and renewed this week calls for the artists association to pay the difference between the July-December 2009 six-month average for the gallery’s electricity and actual bills. The average for the period was $33.49.
The same holds true for payment of the natural gas bill that for the November 2009-February 2010 period averaged $129.40.
It is anyone’s guess where the rates will fall month to month for the next three years.
“If we agree to the agreement and the only sticking point is electricity,” said Marion Town Council member Mel Leaman, then through the good faith already shown in the artists’ relationship with the town, “we’ll work through it.”
Council member Jim Gates moved the council to renew the agreement “and have Anne Hull and the town manager work out any potential disagreement over gas and electricity.”
Council did so unanimously after sending the matter to its building and grounds committee earlier this month when Hull, the artists’ association treasurer and liaison to the town, appeared before the panel to request renewal of the expiring agreement.
The renewal request generated brief debate about proper protocol for handling property owned by the town and made available to the public, a move often requiring a public hearing and solicitation of bids by parties interested in entering a franchise agreement with the town.
At the earlier meeting this month, former council member Ken Heath noted that the town granted the original lease with no public hearing.
Town Attorney Mark Fenyk initially told the council he believed the town would need to advertise for bids in case other parties were interested in occupying the building.
“Property not generally available to the public has to be advertised for bids,” he said.
But after consulting the Code of Virginia on a legal research Web site, Fenyk found an exception he reported to the building and grounds committee and stood by Monday.
Virginia code section 15.2-953 lists the bodies to which “any locality may make gifts and donations of property, real or personal, or money….” Among them is “any nonprofit association or organization furnishing services to beautify and maintain communities and/or to prevent neighborhood deterioration.”
The council members unanimously renewed the lease.
Hull said the artists are conservative in their use of utilities. They are not in the building in January, February and March and keep the heat set low, she said. In the summer, they mainly use air conditioning on second Fridays during the town’s Art Walk.
“We turn on the lights when people come,” said association member Susie Sukle.
And people do come. Hull said the gallery attracts an average of 250 visitors during Art Walks. In 2009, more than 1,400 visitors from 27 states and four foreign countries visited the gallery that sees 150 people on average per month.

dkegley@wythenews.com