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[00:00:01]

OKAY, SO WE'RE BACK IN OPEN.

UM, OUR,

[Town Council Work Session on February 12, 2024.]

UH, NUMBER THREE ITEM IS THE CONSENT AGENT ITEMS FOR FEBRUARY 26TH.

AND BOTH OF THOSE ARE, UM, MS. CAMPBELL IS GONNA, UM, PRESENT THAT.

UM, IT WAS, UM, WE WILL TAKE EACH ITEM AT A TIME, BUT THE ONE FIRST THING WAS A PURCHASE OF A 66,000 POUND HEAVY-DUTY TRUCK LIFT.

I, I WILL TELL YOU THAT BOTH OF THESE ITEMS ARE PURCHASES FOR OUR NEW FLEET BUILDING, CORRECT? CORRECT, YES.

JUST WANTED TO LET EVERYBODY KNOW WHERE THAT WAS COMING FROM, I GUESS IS THE BEST THING TO SAY.

SORRY.

WELL, NO, YOU'RE GOOD.

YOU PRETTY MUCH COVERED EVERYTHING.

I KNOW.

I TRY TO MAKE IT SIMPLER ON YOU 'CAUSE WE'RE SO, UM, A, THE FIRST ITEM, UM, DOES COUNCIL HAVE ANY, UH, QUESTIONS? STAFF RECOMMENDS APPROVING IT, UM, UNDER THE CONSENT AGENDA AND, UM, IT'S, IT'S BEEN BUDGETED FOR, RIGHT? SO, YES, I, GO AHEAD.

I WANTED TO KNOW HOW, WHERE ARE WE WITH THE CONSTRUCTION OF THE FLEET BUILDING? IS IT, WE ARE GETTING CLOSE TO PHASE ONE, WHICH IS A REBUILD OF THE NEW PIECE OF THE FLEET BUILDING, WHICH IS 50%.

WE SHOULD BE THERE BY THE END OF THE MONTH AND THEN WE'LL MOVE OVER AND THEY'LL REBUILD THE EXISTING STRUCTURE AND THAT SHOULD BE COMPLETED BY JUNE.

SO IS THERE ANY ISSUE WITH IF WE PURCHASE THIS STUFF NOW, IS IT THE TIMING OF STORAGE OR, YOU KNOW, OR WHAT'S THE, I DON'T THINK THERE'S AN ISSUE WITH, WE'RE THAT WINDOW NOW BECAUSE WE'LL BE MOVING INTO THAT NEW BUILDING BY MARCH 1ST.

SO BY THE TIME WE GET THIS ON ORDER ON THE 26TH OF FEBRUARY, IT'LL BE ORDERED AFTER THEY ACTUALLY NEED IT , THEY ACTUALLY NEED IT IN ORDER TO MOVE INTO THE NEW BUILDING.

OH, OKAY.

ALRIGHT.

I HOPEFULLY IT'S NOT ONE OF THOSE THINGS, REMEMBER YEARS AGO EVERYTHING WAS SO, LIKE LONG LEAD TIME, LIKE SIX MONTHS YEAR AWAY.

WE DON'T THINK THIS ONE IS, WE KNOW, YOU KNOW WHAT, UM, UH, I DON'T KNOW.

OKAY.

WHAT THE LEAD TIME IS.

WELL, WE'LL JUST HOPE, WE'LL JUST HOPE THEY'RE READY TO SELL IT TO US.

, ANYBODY HAVE ANY QUESTIONS ON THAT PARTICULAR ITEM? I DON'T HAVE A QUESTION ON THAT, BUT I, I JUST MAKE SURE I'M UP TO SPEED AND UNDERSTAND THE LAST SENTENCE.

THE DEPARTMENT CURRENTLY HAS 452,000 BUDGETED.

THAT'S OUR BUDGET.

UH, BUDGET IT FOR THE FLEET BUILDING'S.

FOR THE, FOR THE EQUIPMENT.

FOR EQUIPMENT.

THAT'S JUST THE EQUIPMENT? YEAH.

THAT'S ONLY THE EQUIPMENT PART.

SO THIS IS ONLY 168,000 OF IT OUT.

YEAH.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? ALL RIGHT.

SO WE WILL, UM, PUT THAT ON THE CONSENT AGENDA AND THEN OF COURSE THE NEXT ITEM IS THE PURCHASE OF VARIOUS EQUIPMENT AND MACHINERY.

SO THAT'S A LITTLE BIT MORE LIKE, UM, OPEN ENDED, BUT THAT PART'S ONLY GONNA BE 77,000.

NO, ACTUALLY I HAVE TO APOLOGIZE.

OKAY.

BECAUSE IT'S ACTUALLY 177.

OKAY.

IF YOU LOOK AT IT THEN, ACTUALLY I REDID, YEAH, I, IT, IT'S, IT SAYS 1 77 THERE AND THEN DOWN AT THE BOTTOM IT SAYS STAFF WOULD LIKE TO USE.

SO, SORRY.

YEAH.

I, I LEFT OFF THE ONE.

THAT'S FINE.

7 1 77 8 23 46.

YES.

OKAY.

AND THIS IS FOR LIKE FOUR OR FIVE PIECES OF EQUIPMENT.

OKAY.

UM, IT'S FOR A, UM, TIRE CHANGER.

AN ALIGNMENT LIFT.

YEAH.

TIRE CHANGER, TABLETOP TIRE CHANGER, AND A BALANCER HIGHER BALANCER.

BOTH OF THESE WERE USED, UM, PURCHASED OR WILL BE PURCHASED USING COOPERATIVE CONTRACTING.

ANYBODY HAVE ANY QUESTIONS ABOUT THOSE? SO WE'LL PUT, WE'LL PUT BOTH.

THAT WAS QUICK.

WE'LL PUT BOTH OF THOSE ON, UM, THE CONSENT AGENDA FOR THE 26TH ALONG WITH THE OTHER THINGS THAT WE SAID FROM LAST WEEK .

SO THANK YOU.

I, I THINK THAT WAS ALL.

I DON'T, YOUR NAME'S NOT ANYWHERE ELSE.

NO.

SO WE'RE GOOD.

OKAY.

WE'RE DONE.

ALL THANK YOU.

THANK YOU.

ALL RIGHT.

UM, SO FOUR A, WE BROUGHT BACK THE PROPOSED ORDINANCE AMENDMENT TO REVISE THE PERSONAL PROPERTY, REAL ESTATE TAX DUE DATES.

AND MR. WILSON'S HERE TO TALK TO US ABOUT THAT.

AS YOU KNOW, THAT ACTUALLY CAME OUT OF THE LIAISON MEETING MULTIPLE TIMES, SO WE'RE HOPE GO AHEAD.

THAT'S OKAY.

SORRY I WASN'T HERE LAST WEEK 'CAUSE I A LITTLE DOWN ON THE WEATHER, SO APPRECIATE Y'ALL MOVING THIS UP.

UM, AS MAYOR WAS STATING THERE, UH, WE TOOK THIS TO LIAISON MEETING THREE DIFFERENT TIMES.

FRANKLY, I DIDN'T GET HARDLY ANYWHERE.

SO HERE WE ARE THE, UH, UM, THE, UM, IN ORDER FOR US TO PROCEED WITH THE TAXES, WE HAVE TO RECEIVE THE BILLINGS OR THE TAX BOOKS FROM THE COMMISSIONER OF REVENUE'S OFFICE.

UM, WE'VE BEEN DELAYED GETTING THE, UH, TAX BOOKS FROM THE COMMISSIONER OF REVENUE'S OFFICE FOR A NUMBER OF YEARS.

UM,

[00:05:01]

IN ORDER FOR WARREN COUNTY TO SET THEIR TAX RATES, THEY WANNA HAVE THE, THE STATE SET THEIR TAX RATES OR SET THE, SET THE STATE BUDGETS THAT THEY, HOW MUCH THEY'RE RECEIVING.

UM, AND IT'S A DOMINO EFFECT KIND OF DOWN THE LINE.

UM, SO I DON'T REALLY HAVE A, A SOLUTION, UH, FOR THE DELAY OF OUR TAXES.

OPTIONS ARE IS TO CONTINUE DELAYING LIKE WE HAVE BEEN DOING, OBVIOUSLY, UH, OR WE CAN, UH, GO AHEAD AND SET OUR TAX, UH, DUE DATE FOR JUNE 20TH, UH, WHICH IS KIND OF WHAT IT'S BEEN FOR THE PAST FIVE YEARS, I GUESS MORE OR LESS SINCE 2019.

UH, I JUST WANTED TO GET ANY FEEDBACK YOU GUYS MAY HAVE ON THAT OR LIKE I SAID, WE CAN CONTINUE DOING BUSINESSES WE'VE DONE IN THE PAST SEVERAL YEARS WITH A DELAY.

UH, JUST, YOU KNOW, REALIZE THAT IF THERE IS A DELAY, WE MAY HAVE TO CALL A SPECIAL MEETING FROM COUNCIL TO ACCOMMODATE THE DELAY.

IT'S ALSO CAUSED A LOT OF CONFUSION FOR THE PUBLIC WITH THE DELAYS.

UM, I KNOW LORI AND I LAST YEAR, THE YEAR BEFORE FIELDED A LOT OF QUESTIONS AND PEOPLE ANTICIPATING IT BEING DELAYED AT THIS POINT.

SO DELAY, OH, I'M SORRY.

SO IF YOU WERE DELAY IT, WHEN WOULD YOU SET THE DATE THEN? JUNE 20TH.

JUNE 20TH.

THE, UM, AND WHEN WE, SO WHAT HAPPENS NOW IS WHEN WE DELAY OUR TAXES, I CAN'T CHANGE THE DUE DATE ON THERE BECAUSE, UM, IT'S IN OUR ORDINANCE.

UM, SO WE PUT A SPECIAL MESSAGE ON THERE.

OFTENTIMES THE SPECIAL MESSAGE IS OVERLOOKED AND I CERTAINLY UNDERSTAND THAT BECAUSE THE DUE DATE SAYS ONE THING, BUT WE'RE DELAYING PENALTY AND INTEREST.

SO IT IS CONFUSING.

IT'S VERY CONFUSING.

UM, SO I CAN SAY JUST HERE TO GET ANY KIND OF FEEDBACK, WE CAN CERTAINLY ENTERTAIN CHANGING THE ORDINANCE TO THE 20TH OR WE CAN CONTINUE DOING BUSINESS AS WE HAVE.

SO, SO IF YOU DELAY, IF YOU MOVE IT TO THE 20TH AND, UH, WHEN DOES THE, THE INTEREST DOESN'T START UNTIL THE FIRST OF THE FOLLOWING MONTH? NO.

UNTIL JU UH, WE, OR OR DOES IT START THE DAY AFTER? SO THE DAY AFTER IT STARTS THE DAY AFTER THE PENALTY.

PENALTY IS ASSESSED, THE DAY AFTER THE INTEREST.

UH, WE START BEING ASSESSED UH, 30 DAYS LATER.

OKAY.

I THINK BEFORE WHEN WE TALKED ABOUT THIS, OUR ONLY, LIKE WHEN WE WERE TALKING ABOUT LIAISON IS, IS THAT WE REALLY NEED THE MONEY LIKE BEFORE JULY ONE, BUT IT'S SO THAT REALLY, THAT REALLY MAKES IT TIGHT FOR US.

'CAUSE IT REALLY ONLY LEAVES US, YEAH.

IT ONLY GIVES ME 10 DAYS TO CLOSE OUT OUR YEAR.

UM, IT'S VERY, IT'S VERY ROUGH DOING THAT.

BUT I WOULD RATHER HAVE OUR, YOU KNOW, THE CITIZENS KNOW WHEN THE TAXES ARE DUE.

RIGHT.

UH, AND HAVE TO AND EXPECT, ANTICIPATE THAT THAT'S WHAT'S GONNA HAPPEN.

UM, I THINK IT JUST MAKES IT EASIER, LIKE YOU SAY ALL THE PHONE CALLS AND CONFUSION.

UH, THE DOWNSIDE TO THAT IS OBVIOUSLY THAT WE WOULD HAVE ONE DUE DATE IS JUNE 20TH, ANOTHER ONE IS DECEMBER 5TH.

SO IT'S NOT, I WAS GETTING READY CONTINUOUS KNOW, AND I DON'T REALLY WANNA MAKE IT DECEMBER 20TH BECAUSE THEN YOU'RE CLOSE TO CHRISTMAS, YOU KNOW? RIGHT.

UM, SO IT IS A LITTLE OFFSET THERE AND I CERTAINLY UNDERSTAND THAT OR WE CAN, UH, LIKE SAY CONTINUE WITH THE STATUS QUO AND, UH, HOPE THAT THE STATE PICKS UP THEIR BUDGET.

DO, UH, ALSO, WOULD THE, AND SOMEBODY MAY HAVE ALREADY ASKED THIS, I WAS ANSWER AN EMAIL, BUT, UM, IS, WOULD IT BE OUR RESPONSIBILITY TO CONTACT ALL THE MORTGAGE? LIKE, 'CAUSE LIKE I KNOW FOR MINE, BEFORE WE PAID OUR HOUSE OFF, EVERYTHING CAME OUT OF ESCROW.

SO WOULD THAT THEY'D THEY WOULD STILL BE SENDING IT IN PROBABLY ON THE FIFTH? OR DO WE HAVE TO INFORM THEM THAT THEY COULD WAIT TILL THE 20TH? THEY GET INFORMED AS WELL, SO WE HAVE TO SEND THEM ELECTRONIC FILES.

OKAY.

THERE'S ABOUT, I DON'T KNOW, THREE OR FOUR BIG TAX FIRMS THAT DO, UM, 90% OF YOUR MORTGAGE COMPANIES.

OKAY.

UM, AND THEY GET THE TAX FILES FROM US.

SO THEY'RE UH, THEY'RE USUALLY AWARE.

AWARE WELL IN ADVANCE.

OKAY.

YEAH.

ALRIGHT.

OKAY.

ANYBODY ELSE HAVE ANY OTHER QUESTIONS? UM, SO BAR YES.

I'M SORRY.

YOU DO, WHAT'S YOUR RECOMMENDATION MOVING FORWARD THIS YEAR? JUST BE AWARE, WHICHEVER WAY WE GO.

I MEAN, I DON'T, I I HAVE NO PROBLEM.

UM, IF WE CONTINUE DELAYING THE TAXES, UH, IT'S JUST THAT, YOU KNOW, IT'S CONFUSING FOR OUR CITIZENS EITHER WAY.

I THINK WE'RE GONNA BE, IT'S GONNA BE CONFUSING FOR THE CITIZENS.

WE CAN'T GO AHEAD AND DO THIS ON THE NEXT.

WE CAN, UH, WE WOULD'VE, IF WE'RE GONNA CHANGE THE ORDINANCE, WE HAVE TO DO A PUBLIC HEARINGS.

WE WOULDN'T BE ABLE TO DO THAT TILL MARCH.

UM, BUT IF WE WANT TO ADVERTISE, UM, AND CHANGE THE DUE DATE TO THE 20TH, UH, I'M CERTAINLY FINE WITH THAT.

UH, WE WOULD BE DIFFERENT THAN WARREN COUNTY.

IT DOESN'T SOUND LIKE WARREN COUNTY HAS AN APPETITE TO DELAY THEIRS.

UH, I CAN'T SPEAK FOR THEM, BUT IT DOESN'T SOUND LIKE IT FROM LIAISON MEETINGS.

UH, AND I DON'T THINK IT WAS ON THEIR, I DON'T THINK IT WAS ON THEIR AGENDA.

UM, WHICH TO BE QUITE FRANK ISN'T A BAD THING FOR ON US.

'CAUSE MAYBE IF THEY KEEP THEIR DATA WHAT THIS THEN WE'LL ACTUALLY GET OURS.

WE'LL GET THE INFORMATION WE NEED .

YEAH, I AGREE.

SO IT

[00:10:01]

WHAT'S COUNCIL'S, WHAT'S COUNCIL'S APPETITE FOR THIS TO, WE'VE DONE IT FOR FIVE YEARS ANYWAY.

I THINK WE NEED TO, TO JUST GO AHEAD AND CHANGE IT.

I, I THINK WE OUGHT CHANGE IT.

OKAY.

SAY SOMETHING ABOUT DON'T LEAVE THAT NOTE.

I THINK IT, I THINK WATCHING ON SOCIAL MEDIA AND PEOPLE TALKING ABOUT HOW CONFUSING IT'S BEEN LIKE, YOU KNOW, WHEN'S IT DUE? WAIT, NO, THEY SAID THIS AND, AND TRYING TO CORRECT THE MISINFORMATION IN THE YEARS THAT WE SAID YOU COULD BE LATER AND YOU WOULDN'T HAVE A PENALTY.

AND THEN SOMEBODY SAID, WELL THAT'S NOT WHAT THEY TOLD ME.

AND WE ALL KNOW THAT WASN'T THE TRUTH.

'CAUSE YOUR STAFF KNEW THE, UH, THE ACCURATE INFORMATION.

UM, I MEAN IF WE GO WITH THIS AND EVERYBODY GETS THEIR ACT TOGETHER, COUNSEL, WE CAN CHANGE IT BACK HERE.

CAN ALWAYS CHANGE IT BACK.

YEAH.

AND I AGREE WITH THAT.

SO, I MEAN, LET'S TRY IT AND SEE HOW IT GOES.

SOUNDS GOOD.

I MEAN, IF COUNSEL, I'M SAYING YOU ALL CAN VOTE OR NOT, BUT IT'LL BE FOR A PUBLIC HEARING ON FEBRUARY 26TH, ADVERTISE OR NOT.

SO I NEED IT.

SO I WOULD SAY I SHOULD ADVERTISE IT.

SO THERE WILL BE A PUBLIC HEARING ON THE 26TH? NO, IT'LL BE MARCH.

OH YEAH, THAT'S RIGHT.

SO IT WOULDN'T BE UNTIL THE OH, IT'S FINE.

WON'T BE UNTIL THE END OF MARCH.

WE'LL, FINE.

WE'RE CAN WE CAN TAKE ACTION THAT NIGHT THOUGH, CORRECT? CORRECT.

OKAY.

IT IS JUST FINE.

IT'S STILL, IT'S STILL WITHIN OUR CALENDAR.

WHEN, WHEN DID THE BILLS ACTUALLY GO OUT? WELL, THE PAST FEW YEARS THEY HAVEN'T GONE OUT UNTIL MID-MAY OR OKAY.

SO EVEN IF WE VOTED AT THE END OF MARCH, IT'S STILL, UM, AFFIRMATIVELY, THEY, IT WOULD STILL GIVE YOU A MONTH TO GET IT.

AS OF NOW OUR UM, UH, FOR OUR BUDGET CALENDAR, WE WOULD NOT SET THE TAX RATES UNTIL APRIL.

OKAY.

EITHER WAY.

SO WE'RE STILL JUST FINE.

OKAY.

BUT IT REALLY PROBABLY DOES NEED TO BE DECIDED ONE WAY OR THE OTHER COME MARCH MEETING.

YEAH.

AND I WOULD AGREE WITH THAT.

YEAH.

HAS IT EVER GONE PAST THE 20TH? I MEAN, IN TERMS OF LIKE WHEN THE COUNTY HAS GOTTEN TO US THE, UH, FOR JUNE 20TH, UM, I THINK IF, IF WE DID IT WAS ONLY A DAY OR TWO.

OH.

UM, IT WASN'T LONG BECAUSE WE HAVE TO HAVE, WE HAVE TO HAVE THE, UM, THE FUNDS RECORDED BY JUNE 30TH IN ORDER FOR IT TO HIT THE SAME FISCAL YEAR.

MM-HMM.

OTHERWISE WE'RE GOING INTO THE OTHER FISCAL YEAR AND THEN BIGGER PROBLEMS. SO THAT'S THE ONLY THING IS, IS THAT BY DOING THIS, UM, IT WILL HELP OUT WITH THE DUE DATE.

BUT IF THERE'S ANY DELAYS, YOU KNOW, WE'RE STILL DELAY, WE'RE STILL, WE'RE IN BIGGER, BIGGER PROBLEMS. THE, THE STATE, WE'RE IN A BIENNIAL.

IT'S NOT THIS YEAR.

RIGHT.

SO IS LAST YEAR THEY NEEDED TO, I DON'T QUITE UNDERSTAND BECAUSE I, WE'VE DELAYED FOR THE PAST FIVE YEARS FOR THE SESSION LONG SESSION.

LAST YEAR WAS YEAR, WASN'T IT? THIS WAS THE FIRST, UH, THIS IS, THIS IS THE LONG YEAH.

I DON'T KNOW.

YES.

I'M SORRY.

HOW LONG AGO DID WE GO TO THE BIANNUAL TAX RATES? 'CAUSE I WASN'T HERE FOR 10 YEARS.

I KNOW THAT WHERE I LIVE.

OH, UH, 2010.

2010 IS FOR HALF OF THAT TIME IT'S BEEN A PROBLEM.

YES.

YEAH.

I KNOW THE WHOLE ARGUMENT BEHIND IT.

WE GET THE TAX REVENUE EARLY OR HALF OF IT INSTEAD OF WAITING TILL THE END OF THE YEAR.

SO, AND IT ALSO HELPS, AND THAT IS PART OF THE OTHER PART IS, IS HELPS THE CITIZENS OUT FROM, YOU KNOW, HAVING TWO INSTALLMENTS.

UM, I BELIEVE IT IN THE SAVINGS ACCOUNT TO THEM.

BUT, AND I THINK IT WAS DONE MORE FOR THE GOVERNMENT.

I THINK THAT IT WAS A BIG THING.

IT MAY HAVE BEEN .

I GUESS WE IN THE COUNTY DID IT AT THE SAME TIME THAT WE DID IT.

RIGHT.

CORRECT.

ANY OTHER QUESTIONS? THANK YOU BJ.

WE'RE, WE ALREADY KNOW WHAT WE'RE GOING WITH THAT ONE.

RIGHT.

ALRIGHT.

THANK YOU.

GLAD YOU'RE FEELING BETTER.

THANK YOU.

ALRIGHT, UH, NEXT UP IS THE ALLEY VACATION REQUEST AT 2 25 EAST SEVENTH STREET AND 6 31 KILER STREET.

AND H HP IS GONNA BE, AND I'M ASSUMING THAT'S IT, RIGHT? YES.

YES.

WELL, BUT THIS ONE, IF A SITUATION IT MIGHT HELP TO HAVE, I'M KIND OF GLAD YOU BECAUSE I, TODAY WAS WHEN I, AGAIN, I WAS THINKING IT'D BE NICE IF SOME PICTURES WERE UP THERE SO WE COULD POINT IT.

SO YAY TO YOU.

GOOD JOB.

ALL RIGHT.

SO WITH THIS REQUEST, UM, I, MY STAFF'S ACTUALLY BEEN WORKING WITH THIS APPLICANT FOR ABOUT TWO YEARS TO TRY OF FIGURE THIS SITUATION OUT.

BUT WHAT THEY'RE REQUESTING IS A VACATE A PORTION OF SEVENTH STREET.

IT IS BE TERMINUS OF SEVENTH STREET.

UH, AND THEY'RE LOOKING TO GET, UH, 3,390 SQUARE FEET.

UM, AND I DUNNO IF THE LASER POINTER WORKS, BUT THE PROPERTY HERE, THEY OWN THESE THREE PARCELS.

THESE TWO STRUCTURES WERE CONSTRUCTED IN THE 1940S.

THEY PREDATE OUR ZONING ORDINANCE AND ONE OF THE LINES RUNS THROUGH THE HOUSE OR THE, THE SECOND HOUSE.

SO YOU'VE GOT A LOT THAT'S UNDEVELOPED.

THIS ONE HAS A PORTION OF A STRUCTURE AND THIS ONE HAS BOTH.

UM, AND WHAT THEY'RE ASKING TO VACATE FROM THIS PLAT IS THIS SECTION OF THE STREET HERE.

THIS IS THE CREEK.

[00:15:01]

UM, THEY ARE IN THE FLOODWAY AND THEY ARE ZONED C ONE.

AND IN THE C ONE DISTRICT, THEY NEED A, THE MINIMUM LOT SIZE IS 7,500 SQUARE FEET.

AND THEY'VE GOT, UM, THEY'VE GOT A LITTLE OVER 3000.

OKAY.

BUT THEY'RE, IF WE VACATE THAT, THAT GARAGE THAT'S ACROSS THE ALLEY OF THIS IS THEY GONNA CUT THEIR ACCESS OFF TO THE END OF THEIR BUILDING.

THEY, THEY ACCESS, THEY HAVE A SPECIAL USE PERMIT FOR THEIR USE.

THEIR ACCESS IS, UM, ON THIS STREET, YOU BY THERE TODAY.

I THOUGHT THERE WERE GARAGE DOORS ON THE I DID TOO.

ON THE SOUTH, I BELIEVE SOUTH END OF THAT BUILDING.

THEY DO, THEY DO HAVE GARAGE DOORS.

UM, FOR THE PURPOSES OF THEIR PERMITS, THEY ARE SUPPOSED TO BE ACCESSING.

I, I MEAN, I DIDN'T SIT THERE AND WATCH 'EM, BUT I'M THINKING, OKAY, I HAVE GARAGE DOORS TO ACCESS A BUILDING AND IT'S A GARAGE.

AND THEIR PERMIT ALSO LIMITS THEM TO THE NUMBER OF VEHICLES THEY CAN HAVE AT THAT SHOP AT ANY GIVEN TIME.

UM, IT'S JUST A CONDITION OF THAT, THAT SPECIAL USE PERMIT, IS THAT COMPLAINT BASED THAT SHOP BELONG TO? NO, THAT ONE IS, THE PERMIT CAN BE REVOKED IF THEY'RE FOUND IN VIOLATION.

THAT GARAGE, THAT'S NOT PART OF THE MOTOR COMPANY, RIGHT? NO.

NO.

OKAY.

I I JUST WAS CURIOUS.

I I, SOMEBODY'S TELLING BECAUSE IT'S RIGHT THERE.

I WAS AND I THINK WHAT IT SAID IN ALL THE PAPERWORK IS THAT THERE WAS NEVER GONNA BE ANY INTENT OF SEVENTH STREET GOING ALL THE WAY THROUGH.

IT DOESN'T, IT DOESN'T MAKE SENSE.

I'LL GET TO IT OUT WAY.

UM, THIS IS JUST THE, WHERE'S THE GARAGE DOOR COOLER? YEAH.

CAR IS PARKED THERE.

YEAH.

UM, AND I DON'T KNOW WHEN THIS PHOTO WAS TAKEN, TAKEN, BUT UM, WHAT SHE'S ASKING FOR IS THIS PORTION OF THE, UM, BECAUSE RIGHT NOW THE PROPERTY LINE IS ESSENTIALLY LIKE RIGHT HERE.

YEAH.

AND THEY NEED TO YEAH.

DO THEY NEED THE ENTIRE STREET? THEY NEED TO HAVE 7,500 SQUARE FEET TOTAL.

TOTAL TO CREATE A LEGALLY CONFORMING LOT.

OUR ZONING ORDINANCE DOESN'T ALLOW THEM TO DO ANYTHING WITH THIS PROPERTY AT THIS POINT.

SO WITH IT BEING LEGALLY NON-CONFORMING, THEY'RE ALLOWED TO CONTINUE THAT USE IS RESIDENTIAL.

THEY CAN'T CHANGE IT.

ANYTHING THAT THEY TRIED TO CHANGE, THEY WOULD HAVE TO BRING IT INTO CONFORMANCE WITH OUR, OUR ZONING ORDINANCE.

CAN I ASK A QUESTION? SINCE YOU SAID IT THAT WAY, ISN'T THE IN, MAYBE I READ IT WRONG.

ISN'T THE INTENT TO STILL KEEP IT RESIDENTIAL? YES.

OKAY.

SO AS LONG AS SHE DOESN'T DISCONTINUE THE USE AS RESIDENTIAL FOR TWO YEARS, IT CAN STAY RESIDENTIAL IN PERPETUITY.

UM, BUT THE MOMENT IT GETS DISCONTINUED WHERE SHE, IF SHE WERE TO COME INTO MY OFFICE AND TRY TO FILE LIKE A CHANGE OF USE, IF SHE WANTED TO OPEN UP A BUSINESS THERE, SOMETHING DIFFERENT, THEY WOULD HAVE TO MEET OUR CURRENT ZONING ORDINANCE CENTERS, WHICH SHE CAN'T DO OR SELL IT IN THE FUTURE AND HAVE IT BE COMMERCIAL AVAILABLE FOR COMMERCIAL.

BECAUSE OUR COMP PLAN IS FOR THAT AREA IS TO BE MIXED USE.

RIGHT.

SO WE CALL IT OUT TO BE A MIXED USE.

AND I DON'T KNOW WHEN THIS WAS ZONED COMMERCIAL, BUT THIS ENTIRE LITTLE SECTION HERE IS STILL IN RESIDENTIAL USE.

AND THE REST OF THE STREET IS, I MEAN THAT, THAT SIDE AND THIS SIDE HAS HOMES ON IT.

YEAH.

ALTHOUGH I BELIEVE THERE'S ONLY ONE ON THIS SIDE FOR WHAT? THESE'S OLDER HOMES.

BUT THEY'VE BEEN WELL MAINTAINED.

WILL THE EAST END OF THAT ALLEY CONTINUE TO REMAIN OPEN? DOESN'T THAT R DOESN'T THAT ALLEY ROLL AROUND? NO, NO.

DOES E IS THERE ROLLS AROUND, BUT THAT'S NOT REALLY AN ALLEY.

IT'S CONSIDERED EAST SEVENTH STREET.

YEP.

YEP.

IT JUST ENDS HERE.

AND IT, AND I THINK WHAT WE HAVE IS A PAPER STREET ESSENTIALLY CREATING THIS AREA BECAUSE THIS DOESN'T EXIST HERE.

UM, WHAT DOES IT, THIS LITTLE SECTION OF SEVENTH STREET HERE, IT'S JUST, IT'S ON PAPER IT EXISTS, BUT IN REALITY, I, I BELIEVE THIS IS JUST UNDER HOUSE, HOUSE THAT THERE'S A HOUSE HERE, THERE'S HOUSES HERE, BUT THERE'S NOTHING IN THIS WHAT WOULD BE A STREET THAT WERE EVER DEVELOPED.

BUT WE'VE GOT THE EIGHTH STREET BRIDGE, WE'VE GOT A CROSSING, UM, HERE AT SIXTH STREET.

I DON'T THINK THAT WITH TRAFFIC VOLUME, ANY NOW OR IN THE NEAR FUTURE, WE WOULD EVER NEED A CROSSING HERE.

AND I BELIEVE EIGHTH AND SIXTH WOULD, WOULD BE SUFFICIENT.

AND THE IDEA AGAIN, IS TO GIVE, FOR THEM TO HAVE ENOUGH THAT THEY COULD REPL THEIR PROPERTIES TO BE ABLE TO SUB AND MOVE THE PROPERTY LINE.

SO EACH HOUSE WOULD BE ON A LOT ON ITS OWN SEPARATE LOT.

CAN I, CAN YOU GO BACK THEN? YEAH, I'M SORRY.

I JUST WANNA ASK, UM, THAT BACK, I'M SO SORRY.

SO ACTUALLY DON'T SHOOT ME.

BUT THE ONE WHERE IT HAD LIKE THE LINES ON IT THERE.

SO MY QUESTION, SORRY.

NO, SORRY.

[00:20:01]

SO IF, IF WE WERE TO VACATE THIS, THAT WOULD BE A LOT.

YEP.

THIS COULD BE ITS OWN LOT.

THAT WOULD BE ITS OWN LOT.

IS THE PLAN THEN THAT, THAT WOULD BE CREATING A THIRD LOT BACK THERE.

YEAH.

SO SHE'S GOT THREE LOTS HERE.

AND WHEN, UM, SHE, SHE WOULD HAVE TO STILL HAVE THREE TOTAL LOTS.

BUT WHAT WE, SHE WOULD BE DOING IS SHIFTING THIS LOT LINE ESSENTIALLY TO BE IN BETWEEN THESE TWO HOUSES.

RIGHT.

UM, AND THEN THE OTHER ONE BE ON THE OTHER SIDE OF THAT SECOND HOUSE.

BE ON THE OTHER SIDE.

AND THEN IS THE PLAN THEN, BECAUSE I'M JUST ASKING, SO IF THIS LINE GOES LIKE RIGHT HERE, RIGHT ON THE OTHER SIDE OF THE HOUSE, THERE'S NOT ENOUGH SPACE THERE FOR A HOUSE? NO.

I MEAN, IF THIS COULD EVENTUALLY BE A DEVELOPABLE LOT DOWN THERE, IF THIS LINE WAS SHIPPED, SO THIS WOULD JUST KIND OF, THIS WOULD COME HERE AND THEN YOU'D HAVE THIS LINE GET SHIFTED UP ESSENTIALLY.

OKAY.

AND YOU COULD HAVE IT AVAILABLE LOT, BUT I DON'T KNOW.

I, I JUST WAS, I WAS JUST WANTING TO CLARIFY THAT, THAT THIS KIND OF MOVE WOULDN'T THEN CREATE FOUR BUILDING LOTS.

NO, NO, BECAUSE THEY'RE NOT, NO.

AND IN, IN THE COMMERCIAL DISTRICT, I MEAN, I THINK SHE, SHE WOULD HAVE ENOUGH LAW AREA DOWN HERE, UM, TO DO SOMETHING.

BUT THE COMMERCIAL USES ON THESE VERY SMALL LOTS ARE DIFFICULT BECAUSE WE HAVE THE PARKING REQUIREMENTS AND A LOT OF OUR COMMERCIAL USES ARE, UM, SQUARE FOOTAGE BASED.

IT'S LIKE ONE PARKING SPACE FOR EVERY LIKE 300 SQUARE FEET OR 50 SQUARE FEET, OR IT'S BASED ON LIKE NUMBER OF SEATS OR SOMETHING LIKE THAT.

SO IT'S DIFFICULT FOR A VERY SMALL LOT TO MEET OUR COMMERCIAL STANDARDS.

AND KIPLER STREET IS NOT, IT'S, I MEAN, PRETTY, IT'S A STREET, BUT IT'S NOT, IS IT, IS IT TARN CHIP OR JUST KIND OF GRAVELLY? I MEAN, I WAS DOWN IT SO IT IT'S NOT, I'M SORRY.

NO, I'M NOT TALKING ABOUT NEAR, I'M TALKING ABOUT THE MAKEUP IN THE, THE COMPOUND IN THE, I DON'T, I'M SORRY.

IT'S CHIP TO THE END.

RIGHT.

AND THEN THERE'S AN OUT, A GRAVEL ALLEY COMES OUT TO COMMERCE.

YEAH, THAT'S WHAT I WAS SAYING IS THE ACTUAL KIBBLER THAT GOES DOWN THERE IS SOMEWHAT OF A STREET SIXTH STREET.

YEAH.

AND IT, AND, AND IT'S TOWN MAINTAIN LIKE SNOW AND THAT KIND OF STUFF.

BUT LIKE YOU SAID, THE LITTLE ALLEY THAT GOES BEHIND NATIONAL MEDIA SERVICES IS NOT, IT'S NOT A STREET, IT'S AN ALLEY.

OKAY.

SORRY.

NO, YOU'RE FINE.

BUT, UM, THIS IS JUST, THIS IS JUST A SCREENSHOT OF OUR, OUR PERMIT SYSTEM.

SO SHE ACTUALLY SUBMITTED THE FIRST APPLICATION BACK IN AUGUST OF 2022.

AND THEN IT WENT TO THE BDA IN OCTOBER, THE BDA.

UM, THERE WERE THREE MEETINGS.

THEY MADE A DECISION IN DECEMBER AND THEN THE TOWN CODE, IF SHE WANTED TO APPEAL IT, THE APPEAL FOR BDA IS TO CIRCUIT COURT.

SO THAT WAS FILED AND IT HAS TO BE WITHIN 30 DAYS.

SO THEY'VE GOTTA BE READY TO GO.

UM, THAT APPEAL IS ON HOLD WHILE WE WORK THROUGH THIS PROCESS.

ACTUALLY, I HAVE AN UPDATE ON THAT.

IT'S BEING DISMISSED.

OKAY.

OKAY.

AND THAT'S JUST OUR, OUR C ONE REGULATIONS.

BUT IF YOU HAVE ANY ADDITIONAL QUESTIONS.

SO SHE'S WANTING TO MAKE, SHE'S WANTING TO VACATE THAT PROPERTY SHOULD YEAH.

ONLY THE, UH, WHAT IS SHE? OH, GO.

SHE VACATES THAT.

SO SHE'S GOING TO, IS HER INTENTION TO MOVE HER PROPERTY LINE FURTHER OUT? SHE WOULD JUST PUT A, THERE WOULD BE A PROP.

THIS PROPERTY LINE WOULD GET SHIFTED HERE.

OKAY.

AND THAT WOULD CREATE, SO THAT EACH HOUSE WOULD HAVE ITS OWN LEGAL LOT.

SO THIS HOUSE WOULD BE SITTING ON A 7,500 SQUARE FOOT LOT AND THIS HOUSE WOULD BE SITTING ON A 7,500 SQUARE FOOT LOT.

AND THE STORM WATER GOING THROUGH THERE, THERE'S A STORM WATER DRAIN ON THE PLAT.

SHE'S SHOWING, UM, THEY WOULD PROVIDE US AN ACCESS EASEMENT, BUT THEY'VE RECORDED THE COURTHOUSE.

CAN YOU GO BACK TO, UH, AGAIN, THE PICTURE WITH THE TREES AND THE DEAD END? SO IF WE'RE LOOKING, UH, EAST ON SEVENTH AND THE TREE LINE, OF COURSE THE CREEK'S THERE, WE WOULD, WHAT WE'RE CONSIDERING IS, UH, ALLOWING HER TO PURCHASE, BUT WE WOULD HAVE AN EASEMENT TO MAINTAIN ANYTHING.

THERE'S THIS STILL LITTLE PIG PATH OVER HERE ON THE LEFT SIDE OF THE POLE THAT THEY COULD GET DOWN TO THE GARAGE.

SO YEAH.

I DON'T, I DIDN'T REALIZE THAT AND I DIDN'T KNOW HOW MUCH SHE WANTED TO GO OVER THERE.

YEAH, THAT WAS KIND OF WHAT I WAS ASKING FOR.

YEAH.

SAYING, I MEAN SHE JUST, SO THE LINE WOULD COME DIRECTLY ACROSS AND THEN IT WOULD GO TO THE TREES.

BUT AGAIN, THIS IS JUST TO VACATE.

SO THIS IS JUST A VACATION.

THIS IS JUST A VACATE.

THIS IS NOT, WE NOT LOOKING FOR.

RIGHT.

SO AFTER, SO IF THE VACATION WERE TO GO THROUGH, I THINK YOUR NEXT DECISION IS PUBLIC HEARING AND RIGHT.

VIEWING COMMITTEE.

IF THAT GOES THROUGH AND THIS HAPPENED, SHE STILL HAS TO COME TO MY DEPARTMENT AND, AND FILE THE SUBDIVISION PLAT AND THE APPLICATION AND WE STILL HAVE TO REVIEW IT.

RIGHT.

RIGHT.

IS THERE BEEN ANY, UH, THERE'S A STEP

[00:25:01]

OF PURCHASING.

YEAH.

AND THE PURCHASING, RIGHT? YEAH.

THE VACATION IS CONDITIONAL ON IT BEING PURCHASED.

BUT IS THERE ANY BEEN, UH, FEEDBACK FROM THE NEIGHBORS ON ANY THE LETTERS THAT WE'RE SENT? NO, WE, UH, WE'RE JUST AT THE BEGINNING STAGES.

SO TONIGHT WITH COUNCIL'S PERMISSION, WE WILL SEND LETTERS OUT TO THE ADJOINING PROPERTY OWNERS AND NOTIFY THEM OF THE PUBLIC HEARING.

THAT WOULD BE ON MARCH 25TH.

OKAY.

WE, I, I REMEMBER WE LOOKED AT THIS BEFORE.

YEP.

IT, IT, THE PLANNING COMMISSION HAD TO REVIEW IT.

UM, AND I THINK THE RECOMMENDATION WAS THAT THE BCA DENIED BECAUSE, UM, THE, THEY CAN'T CREATE A NON-CONFORMING LOT.

CORRECT.

WE CAN'T TAKE A LEGAL LOT AND CREATE ANOTHER LEGAL.

THAT WAS ALL, THAT WAS ALL WAS ON OUR PLATE AT THE TIME.

I REMEMBER THAT.

YEAH.

I WAS GONNA SAY, AS I RECALL, AND MAYBE IF, IF COUNSEL, IF THE END RESULT IS FOR THE COUNSEL DECIDES TO VACATE, WHO GETS FIRST DIBS ON BUYING AND THE, AND I, AND I DON'T SAY THAT RUDELY, I SAY THAT AS WE'VE ALREADY DEALT WITH THIS.

SO LIKE EVEN IF, EVEN IF THIS COUNCIL DECIDED TO VACATE THAT PORTION, WHAT STOPS THE, ANY, YOU KNOW, THE BI THE BUSINESS ON THIS SIDE FROM, IS IT WHOEVER FORM IS GO AHEAD, MR. WELTZ.

SORRY.

SO YEAH, WE RAN INTO THIS NUMEROUS OCCASIONS AND SO WE TRIED TO, I TRIED, THE RESPONSIBILITY FALLS ON ME TO TRY TO NEGOTIATE BETWEEN THE PROPERTY OWNERS, BUT AT THE END OF THE DAY, IF THERE IS CONFLICT OR DISAGREEMENT, THEN IT WOULD FALL INTO THIS BODY TO DETERMINE HOW COUNSEL WANTED TO VACATE THAT PROSECUTOR.

OR, AND I ONLY SAY, OR NOT, OR NOT, OR NOT, I ONLY SAY THAT BECAUSE THERE IS ANOTHER, UM, YOU KNOW, THERE'S SOMEBODY IN VERY CLOSE PROXIMITY TO THE EDGE OF THAT STREET THAT MIGHT HAVE A VESTED INTEREST IN IT AS WELL.

AND MAYBE THEY'VE NEVER EXPLORED IT BECAUSE THEY DIDN'T THINK IT WAS AN OPTION AND SHE CAN'T, LIKE IF SHE CREATED THIS LOT, SHE CAN MAINTAIN THESE STRUCTURES, BUT EX POSSIBILITIES ARE VERY LIMITED.

YEAH.

I'M SORRY, SAY THAT AGAIN.

SHE CAN'T REALLY, SHE'S NOT GONNA BE ABLE TO DOUBLE THE SIZE OF THE STRUCTURE AND THEN COME INTO, YOU KNOW, THE, WHAT'S CURRENTLY THE ROAD, RIGHT? NO, I JUST MEANT THAT THE, THE, THE WHOEVER OWNS THE PROPERTY ON LEFT OVER THERE, IF THEY, YOU UNDER DOES, DO Y'ALL UNDERSTAND WHAT I'M TRYING TO SAY? LIKE THEY MIGHT LOOK AT THIS AS WE WANT TO, YOU KNOW, BE ABLE TO HAVE THAT IN CASE WE WANTED TO PARK CARS ON THE SIDE OR WHATEVER THOUGH.

RIGHT? I DON'T, I HAVEN'T SPOKEN TO THE ADJOINING PROPERTY OWNER.

I DON'T THINK WE'RE THERE YET.

SO WE DON'T KNOW.

SO YEAH, WE HAVE NOT SENT THE LETTERS OUT TO THE ADJOINING PROPERTY OWNER.

OKAY.

SO MY QUESTION IS, UM, HOW DOES THE CIRCUIT COURT CASE, UM, THE DISMISSAL OF IT, DOES IT IMPACT ANY OF THIS AT ALL IN ANY WAY? UM, IT, IT'S A DIFFERENT ISSUE.

TOTALLY, TOTALLY DIFFERENT ISSUE.

OKAY.

THE BZA APPEAL, UM, APPEAL DENIAL OVER MOVING LOT LINES.

THE BZA CAN'T MOVE LOT LINES.

SO, UM, THIS IS THE ONLY MECHANISM I HAVE TO HELP.

WHEN THAT CAME TO LIGHT, UM, THE APPEAL WAS EVENTUALLY DISMISSED AND I DON'T HAVE THAT SIGNED ORDER YET, BUT IT'S IN THE WORKS.

YEAH.

'CAUSE THE MENTIONING OF THE VACATE VACATION THAT WAS, THAT WASN'T ON THE TABLE WHEN IT WAS A PLANT WAS PLANNED COMMISSION, THAT WASN'T CONSIDERED AN OPTION AT THE TIME.

SO I, I REMEMBER SEEING THAT.

SO WHAT STAFF IS NEEDING FROM COUNSEL IS, DO YOU ALL, UH, HAVE AN APPETITE TO, TO NOW, UH, POSSIBLY, YOU KNOW, MOVE FORWARD MM-HMM.

AND, UM, INFORM THE NEIGHBORS OR DOES COUNSEL IS ALREADY COUNSEL IN A MINDSET OF THEY DON'T WANNA VACATE THAT ALLEY.

SO.

RIGHT.

THAT'S WHAT WE, THAT'S BASICALLY WHERE WE NEED TO KNOW IS DO, DO PEOPLE WANT TO MOVE FORWARD OR DO YOU WANT MORE INFORMATION OR IS IT A NO? SO WHERE WOULD YOU LIKE ME? INFORMATION KEEP IN, KEEP IN WITH WHAT WE'VE DONE BEFORE.

WE NEED THE, WE NEED THE, WHAT IS IT, COMMITTEE OF THREE, YOU AND COMMITTEE.

YEAH.

THAT'S PART OF THE MOTION.

BUT I DO BELIEVE WE, WE WENT AHEAD AND GAVE YOU THE GO AHEAD TO START A VIEWING COMMITTEE LAST TIME BEFORE WE, I THINK WE DID IT AS A, A COUNCIL MEETING.

WE HAD TO, IT WAS PART OF THE MOTION.

WE DID ONE.

I DIDN'T, WE NEEDED, BUT I HAD IT TO BE CONSISTENT WITH EVERYONE THAT WE DO.

WE DID ONE AT THE WORK SESSION AND ONE AT THE COUNCIL MEETING.

OKAY.

SO WHAT, GO AHEAD JIM.

SO, UM, JUST TO BE CLEAR, WHAT, WHAT I'VE USED AS PROCESSES IN THE LAST YEAR IS THAT WE COME TO A WORK SESSION, THEN WE HAVE THE PUBLIC HEARING TO GET PUBLIC INPUT.

AND AT THAT POINT ITS COUNSEL'S.

WHAT I HAVE LAID OUT IN PREVIOUS IS WHERE COUNSEL WOULD EITHER VACATE POINT OF VIEWING

[00:30:01]

COMMITTEE OR DENY.

OKAY.

BECAUSE SOME VACATIONS YOU MAY NOT GET A LOT OF FEEDBACK FROM ADJOINING PROPERTY OWNERS.

RIGHT.

BUT, BUT REALLY WHAT WE NEED TO, BUT REALLY WHAT NEEDS TO BE, DECIDE WHAT COUNSEL NEEDS TO DECIDE BEFORE WE EVEN GET TO THAT PART, IS DO YOU WANT TO MOVE FORWARD AND INFORM THE PROPERTY OWNERS AND HOLD A PUBLIC HEARING? YES, I THINK SO.

EVERYBODY WE DO.

THAT'S JUST WHAT HE SAID WE DO.

YEAH.

IF WE AGREED TONIGHT, I KNOW, BUT IF COUNSEL SAID TONIGHT, IF WE, WE ARE NOT INTERESTED IN DOING THAT UNTIL MARCH, WE WOULDN'T BE DOING IT ALL.

THAT'S WHAT I'M ASKING JOE.

JOE NEEDED TO KNOW, DOES COUNSEL WANT TO HOLD A PUBLIC HEARING? YES.

YES.

YOU SAID YOU HAD ANOTHER QUESTION.

NO, I WAS JUST SAYING THAT WE DID IT ONE TIME WE WENT AHEAD AND HAD A VIEWING COMMITTEE BEFORE WE GOT TO THE MEETING.

WE HAVE DONE IT WHERE WE'VE HAD IT IN THE MOTION.

'CAUSE I MADE SOME OF THOSE MOTIONS.

BUT THERE WAS ONE RECENTLY WHERE WE TALKED ABOUT IT AND JOE WENT AHEAD AND EITHER GATHERED THE PEOPLE OR TOOK APPLICATIONS FOR THEM TO BE APPOINTED TO THE VIEWING COMMITTEE BEFORE WE GOT TO THE COUNCIL MEETING.

IT WAS JUST THE SAME TIME.

YEAH.

ADVERT, IS THAT RIGHT? RIGHT.

THAT'S CORRECT.

AND I, I HAVE NO PROBLEM GETTING THE VIEW WE HAVE, WE HAVE A LOT OF TIME HERE OVER 30 DAYS.

SO I CAN GET A VIEWING COMMITTEE TO WEIGH IN ON THAT AS WELL AT BEFORE THE PUBLIC.

SO THIS PUBLIC HEARING WILL HAVE UNTIL MARCH, RIGHT? RIGHT.

IT WON'T HAVE UNTIL MARCH.

OKAY.

ALRIGHT.

ALRIGHT.

THANK YOU.

THAT WAS THE FIRST THING.

NOW MR. WA IS THE NEXT WOULD REQUEST AN EASEMENT ON TOWN PROPERTY FROM DONALD STALLINGS NEAR DUCK STREET.

MAN, I WISH WE KINDA HAD THAT UP THERE TOO.

DO YOU WANT ME TO PUT SOME DRAWINGS? COULD YOU, IF YOU COULD PULL UP THE AGENDA, THAT WOULD, IT WOULD BE, IT WOULD HAVE THE PICTURES IN IT.

LET'S GOT THE PICTURES.

I CAN PULL UP THE GIS EASILY THAT JUST GO TO THE MAP.

I JUST WAS THINK THE, THE THINGS FROM THE, UM, FROM THE, UH, AGENDA HAS THE BEST PICTURES OF MINE.

OH, WE DID? OKAY.

MM-HMM.

.

SO WHILE, WHILE, UH, LAUREN GETS THAT UP ON THE, ON THE SCREEN, UH, THE ORIGINAL REQUEST CAME BACK, I THINK IT WAS IN OCTOBER OF LAST YEAR BY A GENTLEMAN OF HOSHE, WILLIAM HOSHE.

UH, AT THAT TIME COUNSEL LOOKED AT IT, HAD SOME COMMENTS, AND THEN HE WAS SUPPOSED TO GO BACK AND DO SOME WORK HIMSELF.

UH, I THINK IT WAS LATE DECEMBER, MAYBE EARLY JANUARY WHEN I WAS CONTACTED FOR DONALD STALLINGS WHO HAD PURCHASED THAT PROPERTY OFF THE, OFF, OFF OF HOUND SHELL.

UH, AND WAS REQUESTING BASICALLY THE SAME THING REQUESTING ACCESS TO OUR LOCK GATE THERE ON DUCK STREET AS WELL AS ACCESS TO ACCESS HIS PROPERTY THAT HE PURCHASED.

UH, WHICH BETWEEN HIS PROPERTY AND DUCK STREET IS TWO TOWN PARCELS AND VDOT.

OH YEAH.

AND AS YOU CAN SEE THERE, THE YELLOW LINE IS WHAT THE ACCESS, THE RED LINE IS THE GATE LOCK GATE RIGHT NOW.

UH, UH, AND SO WE OWN UP TO THE BRIDGE.

VDOT OWNED OWNS UNDER THE BRIDGE.

AND THEN WE HAVE ANOTHER PARCEL BEFORE WE GET TO, UH, MR. STALLINGS IS ALL OF THE YELLOW WHAT WE OWN.

UH, THAT I'M NOT A HUNDRED PERCENT SURE.

I THINK THE, THE YELLOW LINE IS KIND OF GO WITH THE BEATEN PATH THAT'S THERE, I THINK CURRENTLY.

UM, AND CAN YOU SPEAK TO THAT PATH? WHAT IS IT? I MEAN, IS IT JUST A PATH THROUGH THE GRASS IS, WELL, I WOULD HAVE TO ASK ROBBIE, I HAVEN'T BEEN BACK THERE, BUT BEYOND THE GATE, WE DO HAVE A SEWER EASEMENT BACK THERE YEARS AGO.

I KNOW IT WAS A ROAD BECAUSE I GUESS IT'S PROBABLY THE CHARLIE DAVIS SOUND THAT ROBIN CAN, CAN I GO DOWN TO THE, THE OTHER, THERE'S ANOTHER PICTURE THAT HAD SOME RED AND BLUE AND I, I DON'T KNOW IF I'M GONNA DO THE RIGHT.

LEMME SEE.

OH GOOD THERE.

IT'S THIS WE WERE ASKING, WE, WE WERE UP ON THAT END OF THE TABLE.

I THINK THE RED IS THE TOWN IS THE TOWN AROUND THE BLACK.

THIS IS HOW BLACK AS VDOT RED.

SO BLUE IS WHAT HE WOULD OWN MR. STOCKS.

AND AND THIS IS WHAT HE, HE OWNS THE ADJACENT PROPERTY THERE ACROSS, SO THIS RIGHT HERE ON RUGBY.

YEP.

SO HE, HE WOULD LIKE ACCESS HERE.

NO, HE WANTS DOWN DUCK STREET RIGHT THERE.

HE ACROSS THE RAILROAD DRIVE ACROSS.

YOU CAN'T, YOU'RE RIGHT.

I'M SO SORRY.

THIS WOULD BE THE CENTER RAIL TRAIL IF IT ACTUALLY HAPPENED.

UM, SO SO HE HE WANTS TO BE ABLE TO ACCESS IT HERE.

MM-HMM.

AND GO ALL THE WAY THROUGH THE TOWN'S PROPERTY, THROUGH V DOT'S PROPERTY, THROUGH THE TOWN'S PROPERTY TO GET TO THE BLUE.

OKAY.

AND HE'S NOT ALLOWED, HE'S NOT ALLOWED TO GO OVER THE RAILROAD ACCIDENT WHEN I SAW ANYTHING.

UM,

[00:35:01]

OKAY.

SO CAN WE LET, WHAT ARE THE QUESTIONS? ANSWER THE QUESTION.

I'M SORRY, WHAT DID YOU SAY? CAN WE LET ROBBIE ANSWER THE QUESTION OF WHAT IS THE ROAD BACK THERE? UM, SO, SO THE FIRST PART OF IT USED TO HAVE MILLINGS IN IT OR THE DRAINER.

SOME OF IT'S WASHED OUT.

AND AS YOU GET ON BACK THERE, THE BRIDGE JUST KINDS OF TURNS THE DIRT AND IT, I GUESS BACK THERE'S PROBABLY GROWED UP AS IT GETS ON BACK THERE AND YOU KNOW, THE SEWER RUNS ALL THE WAY BACK, UH, TO MALLARD AND THAT'S WHERE IT TIES IN BACK OUR MALLARD AND FOLLOWS THE ROAD.

WHEN YOU FIRST GO OVER THE GATE, DOES THE SEWER RUN RIGHT IN THE CENTER OF THAT ROAD? NOT, NOT, I THINK THE OBVIOUS QUESTION IS YES SIR.

WHAT? AND ROBBIE, I THINK THE OBVIOUS QUESTION IS THAT, I MEAN, IS IT TRAVEL ABLE? AND IF THAT'S EVEN A WORD, LIKE FOR SOMEBODY TO GO BACK THROUGH THERE, OVER THAT PROPERTY, ESPECIALLY THE DESCRIPTION ROBBIE JUST GAVE.

AND THEN MY OTHER QUESTION WOULD BE IS IF WE HAVE THINGS BACK THERE THAT BELONG TO THE TOWN, I MEAN THERE'S A GATE, THERE'S OBVIOUSLY A REASON WHY WE HAVE A GATE.

WHY? I'M JUST ASKING.

WELL, WE HAVE A SEWER LINE BACK THERE, BUT THE SEWER LINES ON THE GROUND.

SO REALLY I THINK THE GATE IS MAINLY TO KEEP PEOPLES FROM TRESPASSING UP THROUGH IN THERE.

SO HOW WOULD WE, HOW WOULD WE, WELL IF WE GAVE UH, UH, MR. STALLINGS ACCESS, WE WOULD JUST LOCK A LOCK INTO THE GATE SO THAT HE WOULD HAVE ACCESS TO THAT GATE AND BE PART OF THE AGREEMENT THAT HE KEEPS THAT GATE LOCKED.

HE THE ONLY ONE THAT WOULD HAVE ACCESS TO IT THOUGH.

WELL I, YOU KNOW, UH, THE ONLY PEOPLE THAT HAVE BLOCKS ON IT NOW IS PROBABLY US VDOT AND SHE'S JUST US.

JUST US I THINK.

YEAH, I THINK THOUGH LIKE YOU MEAN HE COULDN'T LET OTHER PEOPLE WHAT I, WHAT I'M TRYING, THAT'S WHAT I'M TRYING TO ASK IS LIKE, FOR EXAMPLE, IT'S A RIVER LOT.

LIKE IF IT'S A SITUATION WHERE, YOU KNOW, I MEAN IS THE, IS THERE AN INTENTION TO EVENTUALLY LIKE, HAVE THINGS BACK ALONG THAT RIVER LOT? AND IF THAT'S THE CASE THEN DO YOU I DON'T, AM I ASKING IT THE WRONG WAY? I CAN'T SPEAK FOR THE APPLICANT.

HE IS IN THE AUDIENCE.

IF YOU CAN ASK HIM A QUESTION.

WELL, WE GENERALLY DON'T DO THAT AT THE WORK SESSIONS, BUT THAT'S CORRECT.

BUT WE CAN ASK THESE QUESTIONS AND, AND STAFF CAN GET THESE.

MR. WOOD, YOU HAD A QUESTION TOO.

WELL IT WAS ALONG THE SAME LINE.

WHAT IS THE APPLICANT'S INTENTION OF USING, ARE WE LOOKING AT A, A POTENTIAL DEVELOPMENT OUT THERE? WE'RE JUST LOOKING ABOUT HIM BEING ABLE TO ACCESS IT.

GO FISHING.

UH, AGAIN, UH, WHEN YOU LET SOMEBODY ON YOUR PROPERTY, UH, THERE IS RESPONSIBILITY ON THE OWNERS.

ONE SECOND.

WHAT THAT'S CALLED IN LEGAL TERMS IS THE SCOPE OF THE EASEMENT, THE SCOPE WE HAD DISCUSSED THE TOWN'S LIABILITY OR EXPOSURE TO LIABILITY IF IN OCTOBER.

YEAH, IN OCTOBER WHEN WE DISCUSSED IT UNDER THE PREVIOUS OWNERSHIP.

AND WE ALSO DISCUSSED THE FACT THAT I THOUGHT VDOT DIDN'T RESPOND IF THEY WERE AMENDABLE TO ALLOWING THEIR PORTION SO WE COULD GIVE OURS.

AND THEN VDOT DOESN'T GIVE THEIRS.

THEY DID.

THEY IT WASN'T, YEAH, SORRY.

BUT THEY SAID ONLY A ONLY A DAY.

SO WAS A DAY.

I ONLY SAW THAT PERMIT AND IT SAID ONE DAY I, WHEN I FIRST READ IT, I THOUGHT IT WAS FOR A YEAR.

SO I HAVE NOT RE I HAVE NOT CHECKED WITH THE APPLICANT TO SEE IF THAT'S AN ERROR OR IF HE JUST GOT A ONE DAY PERMIT, WHICH WOULD BE, HE PAID A HUNDRED DOLLARS FOR THAT PERMIT FOR ONE DAY IS INCREDIBLE.

BUT WELL, IT'S NOT COMMON FOR BE OUT TO ALLOW EASEMENTS.

I DON'T BELIEVE THAT'S WHAT WE HAD DISCUSSED IN OCTOBER.

THAT'S THE QUESTION IS WHETHER OR NOT YOU CAN GET THE ACCESS AND PERPETUITY.

UH, 'CAUSE IT COULD BE NO MATTER WHAT WE DO, VDOT ISS NOT GONNA ALLOW IT.

V WELL THAT'S WHERE WE, THAT'S THAT'S WHERE WE IN OCTOBER.

BUT THEN I THINK THE THOUGHT WAS THAT VDOT VDOT UM, GAVE SOME SOME LEEWAY THERE.

SO WE PUT IT BACK ON, WE PUT IT ON THE AGENDA.

BUT UM, MAYBE THAT'S THE FIRST QUESTION WE NEED TO ANSWER IS, IS THAT, WAS VDOT SAYING THAT THEY COULD USE IT FOR, YOU KNOW, ANY TIME? RIGHT.

SO ON THE, ON THE PERMIT ITSELF, IT SAYS ACCESS UNDER VDOT BRIDGE OVER SHAND RIVER AS DESCRIBED ABOVE.

NO PARKING OR STORAGE OF ANY KIND IS PERMITTED ON VDOT RIGHT AWAY.

PERMISSION NEEDS TO BE OBTAINED FROM THE TOWN OF FRONT ROW TO CROSSTOWN PROPERTY AND ACCESS THEIR GATE.

THAT'S WHY I SAY THEY KIND OF PUT IT, NOT PUT IT BACK ON US, BUT KIND OF, YOU KNOW, SAID IF WE WOULD DO IT NOW ON, ON THE SUBMISSION IT, IT STATES, UH, PERMIT TERM REQUESTED 180 BUT DON'T, UH, IT SAID 180 DAYS.

I'M NOT FOR SURE.

THAT'S WHAT I THOUGHT TOO.

THAT'S A GOOD POINT.

SO JUST ONE OTHER THING WE HAVEN'T MENTION, WE TALKED ABOUT THE SEWER,

[00:40:01]

BUT THE WATERLINE GOING, THE CORRIDOR CUTS ACROSS THE RIVER RIGHT THERE TOO, RIGHT IN THAT VICINITY RIGHT THERE ALONG THAT GATE, RIGHT? IT STARTS JUST SO EVERYBODY KNOWS THE ONE THAT'S CURRENTLY CONSTRUCTION? NO, NO, THE OLD ONE.

OH, THE OLD ONE.

OH, THERE'S A PIECE THAT RUNS UP TO THE BRIDGE AND STOPS, BUT WHEN IT COMES TO THAT WEB'S OLD PLACE, IT TURNS THERE AND GOES OVER AND IT GOES UNDERNEATH THE RIVER THERE.

OH, OKAY.

SO JUST THAT WAY.

SO IT GOES UNDER THE TRACKS THERE TOO, RIGHT? MM-HMM.

.

YEAH, IT GOES UNDER THE TRACKS, IT CUTS AND GOES DOWN AND GOES UNDER THE RIVER.

SO I WOULD SAY QUESTION NUMBER ONE IS, IS VDOT IS THIS, UH, HOW MUCH ACCESS AND HOW MANY DAYS AND HOW MUCH ARE THEY, HOW MUCH WERE THEY YIELDING TO, RIGHT? AND THEN I WOULD THINK THE SECOND QUESTION WOULD BE ALONG THE SAME LINES OF WHAT I AND COUNCIL COUNCILMAN WOOD AND I WERE ASKING ABOUT, LIKE WHAT'S WHAT WILL BE THE USE OF THAT PROPERTY? UM, AND, AND LIKE I SAID, THAT WAS MY ONLY THING IS, IS THAT IF IT IS, IF IT'S JUST THE PROPERTY OWNER THAT'S GONNA ACCESS IT AND HAVE A GATE CODE OR WHATEVER, HOWEVER THESE THINGS GO, UM, BUT IF IT'S SOMETHING WHERE THE, THERE WILL BE MORE, YOU KNOW, THERE WILL BE MULTIPLE MULTIPLES OF PEOPLE OR USES OF PEOPLE GOING BACK THERE AND THEN THE GATE CODE IS JUST SHARED WITH MORE THAN ONE PERSON.

I DON'T KNOW IF THAT MAKES SENSE OR NOT, BUT YOU KNOW, LIKE IF IT'S A RIVER LOT AND, AND PEOPLE ARE USING IT, YOU KNOW, WE JUST, I THINK TOWN, I KNOW IN OCTOBER COUNCIL MEMBERS WERE CONCERNED ABOUT LIKE, UM, OUR LIABILITY OF PEOPLE ARE GOING BACK AND FORTH OVER THAT ROAD.

SO, UM, THOSE WERE TWO OF THE QUESTIONS I CAN THINK OF THAT NEED TO BE ANSWERED.

WHAT ELSE WOULD YOU ALL LIKE ANSWERED? WE HAD JUST ALSO SPECIFIED THE USE OF THE ACCESS TO BE BY MOTOR OR VEHICLE.

SO PEOPLE WEREN'T LIKE RIDING FOUR WHEELERS OR DIRT BIKES ON THE TOWN'S PARCELS.

AND YEAH, BECAUSE I THINK WE TALKED ABOUT, AND MAYBE IT WAS GEORGE, SOMEBODY CITED, YOU KNOW, WHERE THERE WAS AN INCIDENT AT THE RIVER ON TOWN PROPERTY FISHING ILLEGALLY TRESPASSING AND MM-HMM.

, MR. SANA, YOU SAID SOMETHING ABOUT THE LEASE THAT THAT WOULD BE PART OF THE LEASE.

SO LIKE, OR NOT THE LEASE, BUT AN AGREEMENT TO BE ABLE TO ALLOW THEM ACCESS.

WELL, IT'S AN EASEMENT, RIGHT? THEN THEY THEN THE ISSUE IS THE SCOPE OF THE EASEMENT, RIGHT? IS IT, BUT IT, IT IT A FOUR LANE HIGHWAY OR IS IT A WALKING TRAIL? RIGHT.

AND ANYWHERE IN BETWEEN COULD IN THAT SCOPE BE SOMETHING THAT SAYS THAT IT'S ONLY FOR THE PROPERTY OWNERS ACCESS SURE.

AND NOT GUESTS OR NOT OTHERS.

THAT, THAT ALL IS ALL IS POSSIBLE.

THE TOWN HAS CONTROL.

OKAY.

OKAY.

LIKE YOU SAID ABOUT THE NO FOUR WHEELERS OR OTHER THINGS.

YEAH, BUT I WAS THINKING MORE ALONG THE LINES OF JUST NOT IT BEING JUST ANYBODY GOING BACK AND FORTH.

SO YEAH.

OKAY.

OTHER QUESTIONS FROM COUNCIL MEMBERS THAT MR. WALTZ CAN LOOK INTO OR STAFF CAN LOOK INTO? NONE.

THANK YOU.

AND MS. MR. WAL AND YOU AND I CAN DISCUSS LATER ABOUT WHEN TO PUT THIS BACK ON THE AGENDA, BUT I WOULD SAY IT WOULDN'T BE UNTIL WE HAVE THE ANSWERS TO TILL WE'VE HAD TIME TO ANSWER THE QUESTIONS.

YEAH.

AND I APOLOGIZE COUNSEL.

I THOUGHT WE WERE THERE BUT WE WEREN'T.

IT'S, IT, IT'S OKAY.

ACTUALLY THIS GAVE US AN OPPORTUNITY TO, UH, TO, UH, THINK AGAIN ABOUT WE DIDN'T HAVE ENOUGH INFORMATION IN OCTOBER AND, AND COUNCILMAN WOOD WASN'T HERE EITHER.

SO, AND THAT WAS A LITTLE BIT DIFFERENT ABOUT THE VDOT THING.

'CAUSE WE THOUGHT IN OCTOBER THAT THAT WOULD NEVER HAPPEN.

SO, SO NEVER SAY NEVER, NEVER SAY NEVER.

THAT'S IT.

THAT'S IT.

UM, SO NEXT UP IS THE MAGDALENE CAPITAL REZONING APPLICATION.

UM, AND THAT IS THIS, SO WITH, UM, THIS APPLICATION, THIS WAS, UM, A SEPARATE APPLICATION.

UM, BUT THIS WAS A REZONE TO THE PND ZONE.

AT THIS POINT, STAFF CANNOT RECOMMEND APPROVAL BECAUSE THEY DO NOT MEET THE MINIMUM LOT SIZE REQUIREMENTS OF 20 ACRES.

OKAY.

MS. COUNCIL HAVE ANY QUESTIONS? STAFF'S RECOMMENDATION WAS ON THERE.

UM, DOES ANYBODY HAVE ANY QUESTIONS ABOUT THIS? BECAUSE CLARIFY FOR ME THAT QUESTIONS OR NO QUESTIONS, ARE WE DETERMINING WHETHER OR NOT WE'RE PUTTING IT ON AN AGENDA TO VOTE ON? RIGHT.

I, BECAUSE IT'S AN APPLICATION, IT GOES FORWARD, RIGHT? IT CAME FROM PLANNING COMMISSION.

RIGHT.

OKAY.

I GOTCHA.

IS THERE A DATE THAT IT HAD? SO IT'S ALREADY BEEN ADVERTISED FOR

[00:45:01]

FEBRUARY 26TH.

OH, IT HAS? CORRECT.

OKAY.

ALL RIGHT.

BECAUSE IT WAS A DECISION THAT CAME OUT OF THE DECEMBER MEETING.

THE INSTRUCTIONS WE GOT AT DECEMBER MEETING WAS TO HAVE THE PUBLIC HEARING ON THE TEXT AMEND IN JANUARY, AND THEN THE REZONING IN FEBRUARY.

OKAY.

AND AFTER CONSULTING WITH LEGAL, WE DECIDE TO PROCEED.

OKAY.

SO FEBRUARY 26TH THERE'LL BE A PUBLIC HEARING ON THIS CORRECT APPLICATION, BUT DOES COUNSEL HAVE ANY QUESTIONS THAT THEY WOULD LIKE TO ASK NOW OR, OR WANT STAFF TO BE PREPARED TO ANSWER ON FEBRUARY 26TH? I HAVE A QUESTION.

OKAY.

IF COUNSEL CHOSE TO APPROVE THIS REZONING APPLICATION, DOES IT GO WITH THE PROPERTY OR DOES IT GO WITH THE APPLICANT? LIKE IF THEY SOLD THE PROPERTY TO SOMEBODY ELSE AFTER, IS THE REZONING ONLY FOR THE APPLICANT THAT APPLIED FOR IT OR IS IT FOR PROPERTY? NO, ONLY RUNS WITH THE LAND.

YEAH, THAT'S WHAT I THOUGHT.

SO ON THE 26TH, WOULD IT, IT IT IT IT WOULD BE PRESENTED AS A-A-P-N-D.

SO THE APPLICATION WAS TO REZONE TO THE PND ZONE.

UM, AND THE REASON IT WAS TIMED THAT WAY WAS BECAUSE THEY HAVE 11 ACRES.

THEY DON'T HAVE 20 MM-HMM.

, THAT'S WHY THEY SUBMITTED FIRST THE APPLICATION FOR THE TEXT AMENDMENT TO THE P AND D ZONE TO LOWER THAT MINIMUM ACREAGE REQUIREMENT FROM 20 DOWN TO, I BELIEVE THEY SAID TWO PLANNING COMMISSION RECOMMENDED FIVE IF WE CAN'T LEGALLY, BUT JUST TO TAKE THAT TO THE NEXT STEP.

BUT COUNSEL DENIED THE AMENDMENT.

RIGHT.

OKAY.

RIGHT.

SO I'M, I'M CONFUSED AS TO WHY WE NEED TO GO.

IF IT DOESN'T MEET THE REQUIREMENTS, WHY DO WE HAVE TO DO VOTE? THE APPLICANT SUBMITTED THE APPLICATION AND PLANNING COMMISSION MADE A RECOMMENDATION.

SO IT HAS TO MOVE FORWARD.

IF THE APPLICANT CHOOSES TO PULL IT, THAT'S DIFFERENT, BUT I CAN'T KICK IT OUT BECAUSE IT DOESN'T MEET THE REQUIREMENT.

AND QUITE FRANKLY, COUNSEL HAS APPROVED THINGS BEFORE THE PLANNING COMMISSION DIDN'T SUPPORT.

I'M, I'M JUST BEING COMPLETELY HONEST.

WELL, IT DOESN'T MEAN THAT THEY HAVE TO, I'M JUST SAYING THAT THERE'S, THIS SITUATION'S A LITTLE DIFFERENT BECAUSE, UM, BUT JUST LETTING IT WORK, WORKING.

YEAH.

YEAH.

NO, I'M JUST SAYING.

BUT, SO IT'S REQUIRED TO GO BEFORE COUNSEL TO TAKE ACTION.

DOES ANYBODY HAVE ANY OTHER QUESTIONS ABOUT THIS? SO THIS WASN'T PLACED ON THE AGENDA BY YOU.

THIS HAD TO GO ON THE AGENDA BY DEFAULT BECAUSE I DID GET CALLS FROM THE PUBLIC ASKING IF YOU PLACED THIS ON THE AGENDA.

AND I TOLD THEM I WOULD ASK THAT TONIGHT FROM THE PUBLIC.

NO, IT WAS KIDDING JOE.

I'M TOTALLY KIDDING.

NO, WE HAD TO, IT WAS UNDER MY ADVICE.

YEAH, BUT WE HAD TO BECAUSE WE THAT'S FINE.

I JUST, PEOPLE IN THE PUBLIC HAVE ASKED WHO PLACED THIS ON THE AGENDA SO FAST AFTER THE PUBLIC HEARING.

SO I, I'M SO SORRY.

IT'S HOT.

SO YOU MAY CLARIFY AND PUBLIC CAN BE CLEAR.

CLEAR THE PROCESS THAT IS YEAH, THAT IT WAS, UH, IT WAS, IT WAS.

WE WE HAD TO, UM, BECAUSE THERE WAS AN APPLICATION.

YES.

SO DIDN'T WE HEAR THE NIGHT OF THE PUBLIC HEARING WHERE WE DENIED THE TEXT AMENDMENT? UH, SOME OF THE EXPERTS IN THE AUDIENCE WAS SAYING THAT THIS IS EXACTLY THE WAY WE SHOULD GO TO LOOK AT THINGS INDIVIDUALLY.

YES.

I THINK THE PUBLIC HEARING, THERE WERE PEOPLE THAT SAID, LOOK AT CASE BY CASE BASIS.

THAT'S, YEAH.

LOOKING AT THINGS CASE BY CASE BASIS, WHICH IS THE ONLY, WHICH IS WHAT THIS WOULD BE.

YES.

SO ANYBODY ELSE HAVE ANY QUESTIONS, COMMENTS? I STILL HAVE QUESTIONS ON THE VARIANCE.

THIS THING, IT SAYS THE INSUFFICIENCY CANNOT LEGALLY BE ADDRESSED BY VARIANCE OR SPECIAL USE PERMITS SLASH SPECIAL EXCEPTION.

SO I HAVE BEEN TOLD CONTRADICTING INFORMATION FROM A LOT OF DIFFERENT PROFESSIONALS AND EXPERTS, ENGINEERS, ET CETERA, ABOUT THE USE OF THE WORD VARIANCE AND HAVING VARIANCES IN THE STATE OF VIRGINIA.

SO I DON'T KNOW IF LAUREN OR GEORGE WOULD BE THE ONE TO ELABORATE ON THAT, BUT, UM, WELL, UH, IF I MAY YES, PLEASE.

THAT PART OF THE PARAGRAPH IS TOTALLY IRRELEVANT TO THIS ISSUE.

THIS ISSUE IS REZONING.

THE REZONING IS COMPLETELY DIFFERENT THAN A VARIANCE, UM, OR A SPECIAL USE PERMIT.

ALL THE, WELL, I MEAN, SPECIAL USE PERMIT IS CLOSER TO A REZONE IN THAT IT'S TECHNICALLY AN AMENDMENT OF THE ZONING ORDINANCE.

MM-HMM.

A VARIANCE IS NEITHER VARIANCE IS A RELIEF FROM THE ZONING ORDINANCE.

RIGHT.

SO, SO, UM, IT'S,

[00:50:01]

SO THAT LAST PART REALLY IS NOT RELEVANT TO THE, THE AGENDA ITEM.

THE AGENDA ITEM IS REZONE.

SO, BUT I'M HAPPY TO GO INTO THE VARIANCE.

I MEAN IT'S, IF YOU WANT THE CONCEPT BEHIND A VARIANCE, IT, IT'S A, I BELIEVE I UNDERSTAND IT'S BEEN DESCRIBED AS A RELIEF VALVE WHEN THE LAW AND THE FACTS JUST DON'T WORK.

AND HOW IS THAT NOT IN A CONSTITUTIONAL FRAMEWORK? HOW IS THAT NOT RELEVANT TO THIS? WELL, THERE'S NO, THEY HAD NOBODY'S, WELL, FIRST OF ALL, THIS ISN'T THE BCA, WHICH IS WHERE VARIANCES GO.

THERE'S NO APPLICATION FOR A VARIANCE.

THERE'S NO APPLICATION FOR A SPECIAL USE PERMIT.

SO THAT THOSE, THOSE THINGS ARE NOT BEFORE COUNSEL.

THE ONLY THING BEFORE US IS TO REZONE THAT AREA.

CORRECT.

OKAY.

BUT IF YOU LOOK AT THAT BY AN EXCEPTION, WHICH IT SAYS NO EXCEPTION, NO SPECIAL, I INCLUDED THAT BECAUSE IN THE STATE CODE IN 15.2, 22 0 1, WHERE THE, I BELIEVE THAT'S WHERE THEY DEFINE THE WORD VARIANCE AT THE, THE LAST SENTENCE OF THAT DEFINITION.

IT SAYS, AND IT CANNOT BE ACHIEVED BY LIKE SPECIAL USE OR, UM, OTHER B.

SO I WAS ALWAYS TAUGHT IN LIKE MY ZONING ADMINISTRATOR COURSES THAT A, A VARIANCE IS ONE, IT'S A LAST RESORT.

UM, BUT THAT IT, IT'S NOT ACCEPTABLE IN A, A CHANGE OF USE SITUATION.

AND RIGHT NOW THEY'VE GOT, YOU KNOW, UNDEVELOPED LAND.

THEY'D BE ESTABLISHING A RESIDENTIAL USE.

YES.

SO THAT'S, SO LET ME, SO IT IS A CHANGE OF NEEDS.

LEMME PIGGYBACK ON THAT.

SO YOU CANNOT USE A VARIANCE TO CHANGE USE.

AND YOU SAID A SPECIAL USE PERMIT COULD BE, WHAT WAS THE TERM THAT YOU USED? YOU SAID A SPECIAL USE PERMIT IS CLOSER TO WHAT? WELL, THE SPECIAL USE PERMIT TECHNICALLY IS ALSO AN AMENDMENT OF THE ZONING ORDINANCE.

IT, IT'S, IT'S A TECHNICALLY A TEXT AMENDMENT, JUST LIKE A REZONE IS A TEXT AMENDMENT TECHNICALLY WITHOUT CHANGING THE ENTIRE SURE.

WITHOUT A TEXT.

BUT TECHNICALLY IT'S AN AMENDMENT OF THE, OF THE ZONING ORDINANCE AND THAT FOLLOWS THE PERSON OR THE, THE OWNER VERSUS THE LAND PROPERTY.

PROPERTY, PROPERTY PROPERTY, YEAH.

BUT YOU CAN'T USE A VARIANCE TO ACHIEVE A RELIEF FROM A, A REQUIREMENT OF LIKE THE LOT SIZE FROM THE USE.

YEAH.

IN THIS CONTEXT IT'S, IT'S COMPLETELY THE WRONG VEHICLE FOR CHANGING USE, WHICH IS WHAT A REZONE IS.

SO, UM, IT'S FOR CHANGING USE.

IT GOES WITH THE LAND.

THIS GOES WITH THE LAND NOT THE PERSON.

SO WHOEVER, IF, IF THIS WERE TO GO THROUGH, IT'S WHOEVER OWNS THE LAND, I MEAN, I'M SORRY, WHOEVER YEAH.

WHOEVER OWNS THE LAND COULD DO THE SAME THING WITH IT.

IT'S NOT ABOUT THE PERSON, IT'S ABOUT THE LAND.

YEAH.

ANYBODY COULD, COULD BUY IT AFTER IT WAS CHANGED.

AND THAT'S WHY THEY TYPICALLY GO THROUGH REZONING WITH THE INTENTION OF SELLING THE LAND.

RIGHT.

OR COULD BE THE INTENTION.

WELL THIS SPECIFIC DEVELOPER SAID THEY WERE GONNA BE THE DEVELOPER ON THE PROJECT TO US, BUT THEY COULD, BUT THEY COULD SELL IT TO ANYBODY.

THAT'S WHAT I WAS GETTING AT.

AND THAT'S ALWAYS THE OPTION.

YEAH.

AND THE SPECIAL USE, YOU KNOW, PIGGYBACKS ON AN EXISTING USE.

RIGHT.

SO, RIGHT.

UM, I HAVE A QUESTION.

SO YOU KNOW HOW WE TALKED ABOUT CASE BY CASE BASIS? SO IF, IF HYPOTHETICALLY THIS WERE APPROVED, UM, THAT DOESN'T MEAN THAT ANY OTHER, UM, ANY OTHER APPLICATION THAT WOULD COME BEFORE US TO REZONE WITH THIS SAME IDEA.

IT DOESN'T HOLD US TO LETTING SOMEBODY HAVE LESS LAND THAN WHAT'S REQUIRED.

IT JUST MEANS THE CASE.

EVERY APPLICATION IS UNIQUE.

OKAY.

THAT'S WHAT I WAS, HOWEVER, ALLOWING ONE DEVELOPER WITHOUT A CHANGE IN THE TAX AMENDMENT AND NOT ANOTHER ONE IS ARBITRARY GROUNDS FOR A LAWSUIT FOR NOT GIVING THEM THEIR WAY.

I WASN'T GOING TO GO THERE, BUT, OH, I'LL GLADLY I'LL TRY.

THAT'S WHAT I WAS TRYING TO GET.

AND SO ARE WE SETTING PRECEDENT? YEAH, THAT'S THE LAST PART.

I THINK YOU DO THAT WHENEVER YOU GO AGAINST ANY OF YOUR REGULATIONS, RIGHT? YEP.

CAREFUL ABOUT, ABOUT THAT.

YEP.

ANYBODY HAVE ANY OTHER QUESTIONS? BECAUSE IT LOOKS LIKE IT'S GONNA BE A PUBLIC HEARING.

WE'LL BE ON THE 26TH AND AT THE END OF THE PUBLIC HEARING COUNSEL CAN TAKE ACTION.

THEY CAN LEAVE THE PUBLIC HEARING OPEN.

WE ALL KNOW WHAT WE CAN AND CAN'T DO AT THE END OF THAT.

SO IF, IF PEOPLE AREN'T READY TO MAKE, TAKE ACTION THAT NIGHT, WE'VE ALL BEEN CLARIFYING THAT, YOU KNOW, INSTEAD OF WHEN WE USED TO HAVE TWO READINGS AND WE KNOW WE ONLY HAVE ONE.

IF PEOPLE FEEL LIKE THEY NEED MORE TIME, THEY COULD HAVE MORE TIME, BUT RIGHT.

IT'LL BE AT THE, THIS IS NOT A

[00:55:01]

A DAY THING, RIGHT? FEBRUARY 26TH.

IT FEBRUARY 26TH.

YEAH.

BUT THIS IS, I JUST WANNA, YOU KNOW HOW SOMETIMES THERE'S REGULATIONS, IS THERE A DATE THAT THIS HAS TO HAVE HAD TAKEN ACTION ON? ISN'T LIKE A YEAR.

IT WOULD'VE BEEN WITHIN A YEAR OF THE APPLICATION.

AND THE APPLICATION WAS SUBMITTED BACK IN, UH, SEPTEMBER, OCTOBER.

OKAY.

AND IF THIS WOULD BE DENIED HYPOTHETICALLY ON THE FEBRUARY 26TH MEETING AT THE PUBLIC HEARING, THEY CAN'T BRING IT BACK FOR A YEAR UNLESS THIS COUNSEL THAT DENIES IT DOES.

AS I'D HAVE TO LOOK AT THE, OUR ZONING ORDINANCE.

STATE LAW SAYS YOU CAN HAVE THAT IN YOUR ZONING ORDINANCE.

I THINK OURS SAYS THAT, BUT I'M NOT POSITIVE.

HE'S BACK IN THE ADMINISTRATIVE SECTION.

I THINK IT'S LIKE MAYBE ONE 40, I WANNA SAY 1 44.

BUT IT'S NOT.

BUT THEN THEY CAN DEVELOP IT BY RIGHT.

IN THE DEVELOP STANDARD IN THE STANDARD WAY.

BUT LET ME CAUTION COUNSEL ABOUT NOT GETTING INTO THE MERITS RIGHT NOW, RIGHT? OH, I'M NOT.

THAT'S WHAT THE PUBLIC HEARING FOR YEAH, NO, AND IT DOES SAY UNDER THIS THAT THE STAFF NOTES THAT THE APPLICANT DID NOT SUBMIT ANY PROPERS ANYWAYS.

SO IF THEY DEVELOPED IT PRIOR RIGHT.

IT'S NOT LIKE WE'RE LOSING IT.

I THINK A LOT OF THE QUESTIONS ARE COMING FROM, IT'S JUST AN, IT'S, IT'S A UNIQUE SITUATION.

'CAUSE PEOPLE THOUGHT WE KIND OF ALREADY LOOKED AT THIS AND SO IT'S A LITTLE DIFFERENT.

BUT, BUT I, I THINK IT'S GREAT.

ALL THE QUESTIONS ARE GREAT.

THESE ARE GOOD QUESTIONS.

AND IF ANYBODY HAS ANYMORE, YES.

SO IN THIS, WHEN THEY COME BEFORE US IN FEBRUARY, IS THIS WHERE THEY WOULD EXPLAIN TO US OR PRESENT TO US WHY THEY WANT TOONE IT? I MEAN, HOW FAR WOULD THEY GO? THIS WOULD'VE BEEN THE EXPLANATION OF IF SAY THE TEXT AMENDMENT HAD GONE THROUGH AND THE REZONING SAW ON THE TABLE, UM, THEY WOULD'VE PRESENTED, I THINK THEIR PLAN OR THEIR CONCEPT PLAN TO WHAT THEY WOULD'VE DONE ON, ON THAT SITE.

BUT WILL THAT CONCEPT PLAN COME WITH THIS REZONING REQUEST SO COUNSEL CAN SEE WHAT POTENTIALLY THAT WOULD LOOK LIKE? I THINK THAT WOULD BE A COUNSEL IF YOU WANTED THEM TO PRESENT THEIR, THEIR PLAN.

SO IT WOULD JUST BE THEM EXPLAINING TO US WHY THEY WANT TO DO IT.

I DON'T KNOW WHAT THEIR PLANNING TO SAY AT THAT.

WE ALREADY SAW THEIR PLAN THOUGH, RIGHT? YEAH.

THAT, YEAH.

I THINK WE PRESENTED IT WHAT THEY HAD AT THE WORK SESSION IN DECEMBER.

YEAH.

THAT'S WHY.

BUT IT IS DIFFERENT MATTER.

IT'S THE SAME THING.

IT'S JUST NOT A TEXT AMENDMENT.

CHANGES TO DEVELOPER SPECIFICALLY DOWN .

YEAH.

SO WHAT I SAID EARLIER IS MAYBE A LITTLE CONFUSING.

THE FIRST PUBLIC HEARING WAS A TRUE TEXT AMENDMENT.

RIGHT.

OKAY.

BUT THAT THEY REQUESTED DUE THE FIRST PROJECT ALSO A TEXT AMENDMENT, RIGHT? TECHNICALLY, YEAH.

THIS THE SAME THING.

WE'VE ALREADY, THEY'RE JUST WORDING IT DIFFERENTLY.

SO ZONING, MAP, AMENDMENT, CHANGING THE ENTIRE TOWN ZONING MAP AMENDMENT MAY BE THE, YEAH.

SO THE PREVIOUS, PREVIOUS, WHEN IT WAS BEFORE US PREVIOUSLY, IT WOULD'VE BEEN BASICALLY WHAT I WOULD SAY, LIKE CHANGING FOREVER.

LIKE WE'RE CHANGING THE RULES FOR TIME AS COUNCIL CHANGES.

IT DID.

NO, I KNOW.

I'M SAYING THOUGH, WHAT CAME BEFORE US BEFORE WAS SOMETHING THAT WOULD CHANGE IT AND IT WOULD APPLY TO EVERYONE.

YES.

THIS THAT WE'RE ENTERTAINING IS JUST THIS REZONING APPLICATION.

CORRECT.

OKAY.

WHICH DOESN'T IMPACT ANYBODY ELSE OTHER THAN THEM, UNLESS OF COURSE IT SETS A PRECEDENT.

SO, ANYWAY.

BUT ALL RIGHT.

ANYBODY HAVE ANY OTHER QUESTIONS? FEBRUARY 20, I JUST HAVE ONE COMMENT.

YEAH.

IN ANTICIPATION OF THIS MEETING, UM, I DID WITNESS AND WAS REACHED OUT TO ABOUT SOME PRETTY HOSTILE BEHAVIOR TO SOMEBODY IN THE AUDIENCE.

AND SO I KNOW YOU READ YOUR SPIEL BEFORE THE PUBLIC HEARINGS, BUT PERHAPS IF WE COULD REITERATE TO JUST MAKE IT A SAFE SPACE FOR THOSE WHO CHOOSE TO COME AND SPEAK, UM, TO FEEL PHYSICALLY SAFE AT THESE MEETINGS.

IF WE COULD REITERATE IT MAYBE BEFORE EACH INDIVIDUAL PUBLIC HEARING BECAUSE, AND WHAT I RE WHAT I CRAFTED THAT JUST CHANGED IN JANUARY WAS RATHER LENGTHY.

IT, IT IS.

BUT, BUT I DON'T, I MEAN, I, I, I, YOU KNOW, I WILL DEFINITELY, I'M AFRAID IT'LL DETER PEOPLE FROM COMING BACK AGAIN THIS MONTH.

YEAH, I WILL.

I I WILL, I'LL REITERATE IT.

MAYBE WHEN I GET TO THAT SPOT, I THINK.

RIGHT.

LET ME THINK.

THE, THE LONG ONE I HAD WAS, WAS IT ON PUBLIC COMMENTS AND THE PUBLIC HEARING OR WAS IT JUST THE PUBLIC COMMENTS? THINK IT'S JUST PUBLIC COMMENTS, PUBLIC HEARING.

I DON'T KNOW.

I NEED TO COMMENTS.

I'LL GO BACK AND LOOK.

'CAUSE I ACTUALLY HAD TWO DIFFERENT SETS OF COMMENTS.

THERE'S NO DISTINCTION OTHER THAN IF IT'S PUBLIC COMMENT, YOU DON'T COMMENT ON A PUBLIC HEARING MATTER.

RIGHT, RIGHT.

OTHERWISE, DECORUM IS THE SAME.

RIGHT.

I THINK IT'S ONLY READ ONCE THOUGH.

SO I WAS JUST SAYING MAYBE IF WE COULD READ IT BEFORE THE PUBLIC HEARING.

HOW MANY PUBLIC HEARINGS ARE, ARE WE LOOKING AT NOW? THREE FROM TONIGHT, TINA.

WE HAVE THREE.

THERE'S JUST ONE ON THE 26TH.

OH NO, THESE ARE MARCH.

SORRY.

[01:00:01]

OKAY.

SO THIS WOULD BE THE ONLY ONE MARCH.

OKAY.

WELL THAT, THAT MIGHT MAKE YOU A LITTLE MORE AMENABLE FOR PEOPLE.

MM-HMM.

.

OKAY.

THANK YOU.

ANYBODY ELSE HAVE ANY QUESTIONS ABOUT THAT? OKAY.

SO WE'RE GONNA GO THANK YOU LAUREN.

WE'RE GONNA GO TO B, WHICH IS THE OUT OF TOWN UTILITY CONNECTION APPLICATION, UH, FOR THERE ON WEST RAZER.

UM, SO YOU CAN SEE THE SUMMARY.

THE TOWN RECEIVED REQUEST FOR WATER AND SEWER CONNECTION FROM WARREN COUNTY AND CATHOLIC DIOCESE OF ARLINGTON FOR ZERO RAZER ROAD, WHICH IS LOCATED OUTSIDE THE CORPORATE LIMITS IN NOVEMBER, 2023.

THIS ITEM WAS DISCUSSED IN DETAIL AT THE WORK SESSIONS ON JANUARY 2ND, EIGHTH AND FEBRUARY 5TH OF THIS YEAR TO INCLUDE THE TOWN CODE, WHICH ADDRESSES EXTENSION OF WATER AND SEWER SERVICE OUTSIDE OF TOWN LIMITS.

I BELIEVE THE WAY WE LEFT IT LAST, WELL, WE ACTUALLY GOT ADDITIONAL INFORMATION THE LAST TIME.

AND THAT'S WHAT WAS, UM, IN ALL OF OUR DISCUSSIONS, THE INITIAL DISCUSSION, THERE WAS LOTS TALK ABOUT, UM, IF WE WERE TO AGREE TO PROVIDE WATER THAT WE THOUGHT THAT THE COUNTY WOULD BE ABLE TO, UM, REQUEST BUILDING A SIDEWALK ON THAT AREA BECAUSE WE KNOW THAT THAT'S, UM, THAT'S, YOU KNOW, THERE'S A SAFETY ISSUE THERE.

UM, AND THEN WE FOUND OUT THAT'S NOT REALLY TRUE, THAT THEY DON'T HAVE TO, THEY, THERE'S TALK ABOUT GIVING US AN EASEMENT, BUT REALLY WE ACTUALLY ALREADY OWN THE PROPERTY.

THAT WOULD BE FOR A SIDEWALK.

WHAT WE WOULD NEED AN EASEMENT FOR IS IF WE WANTED A BICYCLE LANE.

UM, WE TALKED ABOUT, I'M JUST REFRESHING.

I KNOW YOU ALL ALL KNOW, BUT I WANNA MAKE SURE EVERYBODY, UM, WE ALSO TALKED ABOUT, UM, IF WE WERE TO BOUNDARY LINE ADJUST THIS PROPERTY AND BRING IT INTO THE TOWN, UH, IF WE WERE TO DO THAT, THERE WOULD BE, UM, OBVIOUSLY THERE WOULD BE NO TAXES THAT WOULD BE REQUESTED TO BE PAID ON THAT PROPERTY.

UM, THE FIRST 3000 GALLONS OF WATER THEY WOULD RECEIVE, UH, AT NO COST.

AND, UM, AND THEN THERE IS ALSO THE QUESTION ABOUT ALL THE OTHER PROPERTIES ON KREER ROAD THAT ARE CURRENTLY NOT IN OUR BOUNDARY LINES.

WHAT IMPACT THAT WOULD HAVE ON THOSE AREAS THAT WOULD THEN COME IN, YOU KNOW, UNDERSTANDABLY SO THEY MIGHT SAY, WELL, YOU'RE, YOU'RE GONNA BOUNDARY LINE ADJUST FOR THEM.

WHY AREN'T WE BOUNDARY LINE ADJUSTING? 'CAUSE THERE'S THE, UH, NORTHWESTERN SERVICES, THERE'S A NURSING HOME AND, AND THEN RIGHT THERE ON THE CORNER.

HONESTLY, I'M NOT SURE WHO OWNS IT, BUT I KNOW THAT THAT'S PART OF THE SCHOOL SYSTEM USES PART OF THAT PROPERTY AS WELL.

UM, SO ANYWAY, THERE WAS THAT IF WE BOUNDARY LINE ADJUST, IF WE DON'T BOUNDARY LINE ADJUST, UM, OR YOU ALREADY HEARD THAT PART.

YEAH.

IF WE DO BOUNDARY LINE ADJUST, WE COULD, WE MIGHT HAVE SOME MORE, UM, CLOUT TO ASK FOR A SIDEWALK OR, UM, BUT UM, RIGHT.

SO YES, NO, IT'S A REQUIREMENT FOR NEW DEVELOPMENTS THAT ARE ON ROAD FRONTAGE.

OKAY.

SO I'M GONNA PLAY, I'LL JUST, I'LL JUST SAY THAT IN LAUREN'S ABSENCE.

YEAH.

I'M GONNA PLAY DEVIL'S ADVOCATE THOUGH.

HAVE WE DONE THAT AND ARE WE DOING THAT FOR EVERYBODY ELSE? AND I, AND I'M, I'M SAYING THAT FULL DISCLOSURE, LIKE I THINK THERE'S A WAVE OR PROVISION IN THE RIGHT.

BUT I'M JUST SAYING THOUGH, WHEN I THINK OF ALL THE THINGS THAT I'VE BEEN INVOLVED WITH SINCE I'VE BEEN ON COUNCIL, I DON'T REMEMBER PEOPLE REQUIRING SUBDIVISIONS.

YES.

BUT THERE HAVE BEEN MANY LIKE HOUSES AND DIFFERENT THINGS LIKE THAT THAT WE DIDN'T, I MEAN, HECK, WE ARGUED OVER MAKING 'EM PUT IN CURB AND GUTTER MUCH LESS SIDEWALKS.

SO THAT, THAT WAS MY ONLY THING IS, IS THAT, IS TO, IS WOULD SOMEBODY SAY, WELL, WHY ARE WE BEING REQUIRED TO PUT IN SIDEWALK? BUT IS EVERYBODY ELSE'S BEING REQUIRED? HOUSES ARE, HOUSES AREN'T A PART OF THAT.

RIGHT.

I, I THINK HOUSES AND WHAT THEY'RE, AND THAT'S GONNA BE A LOT BIGGER FACILITY.

I I THINK WE'RE COMPARING APPLES TO ORANGES THERE.

YEAH, WELL, I GUESS BUT THERE'S STILL OTHER PLACES THAT ARE PUTTING IN THAT ARE, THAT ARE GONNA BE PUTTING IN BUSINESSES.

PROBABLY IN COMMERCIAL DISTRICTS.

WE WOULD ASK THEM TO DO THAT TOO.

I DON'T THINK WE WOULD ASK THEM.

I THINK IT'S PART OF THE CODE, ISN'T IT? UM, BUT SORRY, COULD YOU RESTATE IT? OR THE CHURCH POLICY, IF THERE'S OTHER, IF THERE'S OTHER, IN THE CITRIX IN TOWN, IF SOMEBODY PUTS IN, THEY HAD TO PUT IN SIDEWALK, RIGHT? WELL, IF IT'S, IF IT'S NEW, RIGHT? YEAH, THAT'S WHAT I'M SAYING.

YEAH.

IF IT'S NEW YEAH.

LOOK SHEET, LOOK AT YEAH.

UM, CVS ON THE CORNER.

I'D BE MORE COMFORTABLE.

LAUREN WAS IN THE ROOM, BUT I THINK THAT'S, AND THAT WOULD ONLY BE ON RAZER.

NOT ALL RIGHT.

BE ON RAZER.

UM, ALL RIGHT.

SO THAT'S, THAT'S,

[01:05:01]

SO IF THERE'S BOUNDARY ADJUSTMENT, TOWN HAS CONTROL OVER THE DEVELOPMENT , THAT'S, THERE'S A TWO HOUR DELAY TOMORROW IF ANYBODY, ANYBODY HAS ANY CHILDREN IN WARREN COUNTY PUBLIC SCHOOLS? YEAH.

RAINING A TWO HOUR.

THERE'S, WE'RE UNDER WINTER WEATHER ADVISORY TOMORROW MORNING.

YOU I'M SURE ROBBIE ALREADY KNOWS ALL ABOUT IT.

YES.

SO LET'S GO AHEAD AND START.

YES.

TELL ANYBODY.

NOT GONNA, THEY'RE WRONG.

AND CAN I JUST ASK A QUESTION OF COUNSEL? 'CAUSE I'M NEW ON COUNCIL.

IS THE GOAL OF COUNSEL TO HAVE SIDEWALK ALONG ACROSS THE ROAD? YES.

I WOULD SAY YES, BECAUSE WE'VE ALL AGREED DO WE WANT ALL THE TAXPAYERS TO PAY FOR THAT? ALL? I, I DOUBT.

I I'M JUST, I I'M NOT FINISHED YET.

SO WE HAVE A UNIQUE OPPORTUNITY HERE WHERE THERE'S A A AN ORGANIZATION THAT WANTS SOMETHING FROM US.

AND IF WE BRING THEM INTO OUR, UH, BOUNDARY, IF WE BRING THEM INTO OUR LIMITS, THEY GET THEIR WATER, SEWER AND TAP RATE AT A REDUCED RATE.

THEY GET AN IN TOWN RATE.

SO THEY GET A SAVINGS.

THEY'RE GONNA HAVE CHILDREN USING THEIR ACTIVITY BUILDING.

WE'VE BEEN EXPLAINED THAT THAT'S GONNA BE AN AUXILIARY ACTIVITY BUILDING PROBABLY FOR THE WHOLE SCHOOL COMMUNITY, WHICH MEANS MORE CHILDREN FOR TRAVERSING ALONG THERE.

IT, AND I WANT TO ADDRESS YOUR COMMENT ABOUT FURTHER UP THE ROAD.

IF, IF THEY WANTED TO COME INTO TOWN AND PUT SIDEWALK ALONG THE PROPERTY TO GET A REDUCED WATER RATE, WOULD WE BE AGAINST THAT? I, WELL, I HAVE A QUESTION ON THAT BECAUSE THAT, AS I RECALL, THE SIDEWALK WOULD GO ON LAND THAT THE TOWN ENDS.

SO, SO THEY DON'T, THE THE SIDEWALK IS NOT, HOW DOES THAT WORK WITH THEM PUTTING A SIDEWALK ON OUR LAND STILL REQUIRED, BUT I DEFER TO LAUREN.

YEAH.

YEAH.

OH, PEOPLE, COULD YOU COME UP HERE SO THAT PLEASE PEOPLE HAVE SOME QUESTIONS ABOUT THIS THING, ABOUT THIS PARTICULAR SITUATION.

I KNOW YOU DID.

I KNEW THE BIKE PATH WOULD HAVE TO GO ON THEIR LAND AS I RECALL, BUT THE SIDEWALK WOULD BE ON THE TOWN LAND.

RIGHT.

I MEAN, THE BIKE PATH EXISTS NOW, IT'S JUST IN THE ROAD.

NOT LIKE A, WE WERE GONNA HAVE, OUR BOUNDARY IS SOMEWHERE ALONG THE EDGE OF THE ROAD.

SO TO PUT A SIDEWALK WE DON'T OWN.

AM I CORRECT? YEAH.

WE DON'T OWN THE PROPERTY.

IF WE PUT, WE HAVE ENOUGH RIGHT OF WAY TO PUT IN A SIDEWALK.

CURRENTLY WE JUST DO NOT HAVE ENOUGH RIGHT OF WAY TO PUT IN A SIDEWALK AND A BIKE LANE IN TRAFFIC LANE.

SO AGAIN, IT GOES BACK TO WHAT IS THE PLEASURE OF, UH, OF THE COUNCIL? DO YOU WANT BOTH? DO YOU WANT ONE? AND AND AGAIN, WHO'S GOING TO PAY FOR THAT? AND, AND WHAT IS THE TRADE OFF? CAN THERE BE A WIN-WIN? THEY GET A REDUCED WATER, REDUCED SEWER, REDUCED CONSTRUCTION FEE, BUT THEY PUT IN THE SIDEWALK, WHICH ALSO INCREASES THE SAFETY OF THE CHILDREN ATTENDING THEIR FACILITY.

OKAY, BUT WHEN YOU SAY ABOUT THE TAXPAYERS PAYING FOR THE SIDEWALK, THAT'S TRUE.

THAT WOULD, I MEAN THAT WOULD, WHO ELSE WOULD PAY FOR IT? WELL, WE, THEY WOULDN'T, IT WOULD BE US, BUT THE TAXPAYERS WILL COMES OUT OF OUR GENERAL FUND.

RIGHT.

BUT THE TAXPAYERS WILL COVER THE FREE WATER.

THE CUSTOMERS COVER THE FREE WATER.

NO, THE ENTERPRISE WILL COVER THE FREE WATER.

RIGHT? YES.

BUT THAT IS THE CUSTOMERS OF THAT ENTERPRISE.

RIGHT.

BUT THAT'S SOMETHING, YOU CANNOT USE THE WATER.

YOU DON'T, YOU GET YOUR EXTRA TAP FEE, BUT YOU CAN'T APPLY THAT THEN TO YOUR SIDEWALK.

RIGHT, RIGHT, RIGHT.

AND IT'S NEGLIGIBLE ANYWAY, IF YOU'RE GIVING 'EM 3000 GALLONS.

I, I BELIEVE, I MEAN, I'M JUST THINK YEAH, I DON'T KNOW.

WE ASKED, WE ASKED BEFORE, BUT NOBODY COULD GIVE US AN IDEA OF HOW MUCH WATER WAS.

THEY'RE NOT, WE'RE NOT ALLOWED TO KNOW.

IT'S ALL OVER THE PLACE.

RIGHT.

WE DO KNOW IT WILL INCREASE OVER TIME.

RIGHT.

WHEN THEY GET THEIR AUXILIARY BILL, WHEN THEY'RE PULLING ATTENDANCE AND THEN THEY HAVE THE AUXILIARY GYM OR WHATEVER THEY BUILD THERE.

AND WE KNOW IT'S NOT GOOD PRACTICE IN DEVELOPMENT TO HAVE WELLS AND SEPTICS, ESPECIALLY IN AN AREA LIKE THAT.

I WOULD, I WOULD SUBMIT TO YOU THAT THERE WOULD BE A CHANCE OF GROUNDWATER.

WE, WE WANT, I THINK IT'S IN THE BEST INTEREST COMMUNITY.

AND I THINK THEY BELIEVE IT'S BEST INTEREST TO HAVE TOWN WATER AND SILVER.

OH, SURE, SURE.

EVERYBODY ON THERE IS ON TOWN WATER.

RIGHT.

EVERYBODY ON WESTRA OR IS ON TOWN WATER.

CORRECT.

MAYOR, SORRY, THIS IS CLOSEST TIME.

IT'S TWO HOUR DEVICE.

SORRY.

UM, RIGHT.

SO EVERYBODY ON THERE IS ON TOWN WATER, BUT NO ONE ELSE ON THAT ROAD IS BOUNDARY LINED INTO THE TOWN.

SO THEY PAY, THEY PAID THE OUT OF TOWN WATER RATE? THAT IS CORRECT.

OKAY.

[01:10:01]

RIGHT.

ALL RIGHT.

WHAT ELSE? AND AND MAY I ADD, BJ FOUND OUT FOR US, THE SHERIFF'S DEPARTMENT IS ON OUT OF TOWN RATES, BUT THE HIGH SCHOOL IS ON IN TOWN RATES.

SO YEAH.

THE SCHOOL WAS THE ONLY ONE OUT THERE THAT WASN'T THEN I BELIEVE THAT WAS SOME KIND OF AN AGREEMENT.

RIGHT, RIGHT.

SO I MEAN, WE TALK ABOUT CONSISTENCY AND THAT TO ME IS A BIG INCONSISTENCY.

YEAH.

I HAVE A FEELING THAT, I HAVE A FEELING THAT THE SCHOOL THING WAS SOMETHING THAT WAS PROBABLY WORKED OUT BECAUSE THAT WAS, YOU KNOW, PEOPLE SAW THAT AS WHAT WAS IN THE BEST INTEREST OF THE COMMUNITY WHEN THEY BUILT A NEW SCHOOL.

I MEAN, THAT'S WHAT I'M THINKING.

I YOU HAVE A PLANNING DIRECTOR.

I KNOW YOU HAD QUESTIONS FOR, YOU HAD A QUESTION.

YOU WERE THE ONE ASKING THE QUESTIONS.

YEAH.

DID YOU, YOU HAD A QUESTION, RIGHT? NO, I'M GOOD.

OKAY.

SO YOU ASKED ABOUT THAT.

I I THOUGHT PEOPLE KEPT SAYING, I WISH LAUREN WAS HERE.

SO WHAT WELL, THERE WAS, GO AHEAD.

MELISSA HAD THE QUESTION ABOUT THE SIDEWALK REQUIREMENT.

IT, IT DOESN'T MATTER IF IT'S ON YOUR PROPERTY OR TOWN PROPERTY, THEIR REQUIREMENT'S THE SAME.

CORRECT.

OKAY.

AND SO REQUIRING SIDEWALKS, WHO DO WE REQUIRE SIDEWALKS OF? ANY NEW DEVELOPMENT, ANY NEW DEVELOPMENT THEY SUBMIT? UM, BUT NOT RESIDENTIAL? NO, WE DO FOR THE RESIDENTIAL TOO.

OKAY.

THAT, THAT WAS WHAT SOMEBODY SAID EARLIER THAT WE'VE DONE RESIDENTIAL.

'CAUSE WE, WE JUST HAD THE, THE PEOPLE ON, UH, CROSBY LANE, WE DIDN'T ASK THEM TO PUT IN A SIDEWALK.

IT WAS CURB AND GUTTER CHECKLIST.

AND SO, AND THAT'S THAT WAS AN INFILL LAW.

YEAH.

YEAH.

BUT THEY WERE CLEAR.

YEAH, BECAUSE THE QUESTION WAS WHETHER TO OR NOT LET'S TOO FAR OFF OF THAT CURB AND GUTTER DO CURB AND GUTTER.

NO.

THE REASON WHY THAT WAS BROUGHT UP IS BECAUSE WE'LL SET A PRECEDENT HERE IS WHAT I'M SAYING IS IF WE, IF, WHICH IS, I'M FINE WITH THAT.

I'M JUST SAYING IN EVERY DEVELOPMENT AFTER THIS, BECAUSE WE CHOSE TO SET THE PRECEDENT WITH CURB AND GUTTER AND YOU BECAME MAYOR TO STOP GIVING ALL THE WAIVERS FOR CURB AND GUTTER.

RIGHT.

SO THAT'S ALL I'M SAYING IS IF WE'RE GONNA SET THE PRECEDENT THAT WE, WE, YOU KNOW, WE WOULD, WE JUST NEED TO BE PREPARED THAT MOVING FORWARD THAN ANYBODY WHO ASKS ABOUT SIDEWALKS.

I MEAN, IF IT, IF THAT'S COUNSEL'S PLEASURE, I'M JUST SAYING IF THIS IS WHERE WE'RE GOING WITH IT, THEN WE WOULD NEED TO MAKE SURE WE'RE DOING IT FOR EVERYBODY ELSE.

BECAUSE IN THEIR DEFENSE, THEY WOULDN'T WANNA SAY, WELL, WHY ARE YOU MAKING US PUT SIDEWALK AND ACROSS THE ROAD? BUT YOU DIDN'T MAKE SUSIE HOMEOWNER ON BLAH, BLAH, BLAH STREET.

SO, WELL, AND, AND NEW DEVELOPMENT'S DIFFERENT AND THEY ARE, I, I DON'T KNOW, LAUREN, WHAT'S THE WORD I'M TRYING TO FIND HERE? THEY'RE NOT A HAIRY HOMEOWNER BUILDING ONE HOUSE.

HERE IT IS NEW DEVELOPMENT AND IT'S, IT'S COMMERCIAL BASICALLY.

WELL, COMMERCIAL AND INDUSTRIAL INSTITUTIONAL INSTITUTIONAL USE IS WHAT YOU'RE LOOKING FOR.

THANK YOU.

BUT IT'S NOT JUST INSTITUTIONAL USES, RIGHT? NO, IT'S ALL USE.

SO ANY NEW DEVELOPMENT OR INFILL DEVELOPMENT, ONE CHAPTER 1 48 OF TOWN CODE, WE REQUIRE INSTALLATION OF CURB AND GUTTER AND SIDEWALKS.

SO WE HAVE CHECKLISTS THAT WE GIVE OUT, AND IT'S FOR, EVEN FOR A GENERALIZED DEVELOPMENT PLAN, A SITE PLAN, CONCEPT PLAN, ANY OF THE PLANS THAT WE REQUIRE SHOWING THE LOCATION OF THE SIDEWALKS, URBAN GUTTER INSTALLATION, HOW THEY'RE GONNA DO IT.

IT'S ON THERE.

OKAY.

I JUST KNOW WE, WE'VE, THAT'S BEEN AN ISSUE.

YOU KNOW, PEOPLE WANTED TO, YOU KNOW, WAVE THIS AND BE THAT'S HAPPENING BECAUSE WE HAVE A CAVEAT IN THE SUBDIVISION ORDINANCE THAT IF THEY'RE NOT WITHIN, IF THERE'S NO CURBING GUTTER OR SIDEWALK CURRENTLY WITHIN I THINK 200 FEET, THEY CAN REQUEST A WAIVER.

SO THERE'S A GRAY AREA.

AWESOME TRAIN OF THOUGHT.

SORRY.

SORRY, SORRY.

AND THAT'S SOMETHING THAT CAVEAT WE'VE ACTUALLY TALKED ABOUT.

LIKE SHOULD IT EVEN BE THERE? LIKE, BECAUSE THEN IT, THEN IT PUTS COUNSEL IN A POSITION TO PICK, TO DECIDE WHO SHOULD GET A WAIVER, WHO SHOULDN'T GET A WAIVER.

IF IT WAS THE SAME FOR EVERYBODY, WE DON'T TAKES IT OUT.

OR THAT'S SOMETHING WE CAN ADDRESS THAT CHANGE.

YEP.

OKAY.

SO DO WE DO, SO ARE WE GONNA PROPOSE, UM, ARE WE GONNA HAVE LIKE THREE OPTIONS OF MOTIONS AT THE MEETING? ONE FOR THE BOUNDARY LINE, THEN ONE ABOUT THE WATER OR WHAT'S OUR WELL JUST, IF WE DO A BOUNDARY LINE ADJUSTMENT, THE WATER'S GONNA STAY THE SAME.

OH, THIS IS TRUE.

OH, THAT'S TRUE.

YOU REMEMBER, HOLD ON, GLEN'S GOT IT BETTER.

WE BETTER GIVE YOU A TAPE.

DON'T CONFUS ME AGAIN.

NO, I MEAN, AND IT, AND IT BEING AN, BEING A CHURCH, I CAN'T IMAGINE THE COUNTY OBJECTED.

THERE'S NO TAX REVENUE, THERE'S NO BENEFIT TO THE COUNTY.

EITHER WAY.

IT REALLY IS A BENEFIT TO THE COUNTY BECAUSE WE HOLD THE KEYS TO WATER AND SEWER AND WE'RE WILLING TO GIVE 'EM THAT IF THEY COME IN, THE COUNTY ISN'T GIVING UP A THING.

YEAH.

AND, AND THEY'RE BEHIND.

I I READ SOMETHING OR HEARD SOMETHING.

THEY'RE BEHIND THE SIDEWALKS, ALONG WEST CHRYSLER BECAUSE THE COUNTY SCHOOL

[01:15:01]

CHILDREN USE THAT TO, UH, EGRESS ACCESS.

AND IT WOULD ONLY BE ON WEST RASER.

WE DON'T HAVE TO REQUIRE ON LE RAY AVENUE, BECAUSE I THINK THAT'S VDOT.

I MEAN IT GOES RIGHT.

BUT I MEAN OUR, OUR COMP PLAN IN THE TRANSPORTATION SECTION, IT DOES CALL OUT THE POTENTIAL OR THE HOPE THAT WE WOULD EVENTUALLY HAVE A SIDEWALK AND LIKE THE BIKE TRAIL OR SOME TYPE OF TRAIL ALONG THAT.

ALL THE WAY DOWN, ALL THE WAY DOWN TO THAT THEIR FRONTAGES WILL BE IN THE TOWN THROUGH THE BOUNDARY ADJUSTMENT.

BUT THAT WOULD BE ON US.

I MEAN, THAT IS, IT'S OUR PROPERTY.

IT'S OUR RIGHT OF WAY.

OH, SORRY, RIGHT NOW I'M CONFUSED.

SO WEST KREER, WE COULD ASK FIRST I WALK AS PART OF IT AVENUE MARIA IS VDOT, RIGHT? CORRECT.

OKAY.

SO WE COULDN'T ASK THERE, BUT IT IS THE PLAN THAT EVENTUALLY WE WOULD HAVE SOMETHING THERE.

RIGHT.

GOTCHA.

ALL RIGHT.

STAFF NEEDS DIRECTION ON WHERE TO GO WITH THIS.

BECAUSE IT WOULD OR NOT IT WOULD OR WOULD NOT, IT WOULD REQUIRE A PUBLIC HEARING FOR A BOUNDARY LINE ADJUSTMENT, CORRECT? WELL, THAT WOULD BE, THAT WOULD HAVE TO, WE'D HAVE TO START WITH THE COUNTY.

THE BOUNDARY ADJUSTMENT.

OKAY.

SO WHAT, WHAT DO YOU ALL NEED FROM THIS COUNCIL TONIGHT TO KNOW? WHAT FOR ME IS I NEED TO KNOW THE DIRECTION WE'RE GOING.

WE'RE EITHER GONNA BOUNDARY LINE ADJUSTMENT OR WE'RE GONNA PROVIDE OUT OF TOWN WATER.

SO WE'RE, WE'RE GONNA DENY THE APPLICATION.

SO IT'S KIND OF, I THOUGHT OUR LAST WORK SESSION, WE WERE AGREEING WE WOULD PROVIDE WATER TO 'EM.

WE DID SAY WE JUST DIDN'T KNOW HOW, WHETHER WE'RE GONNA DO A BOUNDARY LINE ADJUSTMENT OR OUT OF, WE DIDN'T KNOW WE WERE GONNA CHARGE 'EM THE DOUBLE OUT OF TOWN OR GET AN AMENDMENT.

YEAH.

YEAH.

THAT'S, THAT WAS WHAT IT WAS.

WELL, WE'RE TRYING TO GET AN GO AHEAD BRUCE.

WELL ADJUSTMENT.

I WAS JUST GONNA MAKE, WHEN WE'RE TALKING ABOUT SIDEWALKS, I SHOULDN'T, YOU SHOULD NOTE THAT THERE IS NO SIDEWALKS ON THAT PORTION RUNNING RUNNING UP TOWARDS SKYLINE.

THEY'RE RUNNING WEST.

YEAH.

YEAH.

THERE ARE NO SIDEWALKS.

SO YOU MEAN FROM LOU RAY UP TO THE, TO GO TO THE SKYLINE? SKYLINE VISTA DRIVE FROM ER, WHICH IS A MUCH LESS WAIT, YOU'RE NOT TALKING FROM KREER TO SKYLINE VISTA DRIVE UP THE HILL? NO, I'M TALKING ABOUT, WELL, I'M TALKING ABOUT ER TOWARD THE MASONIC LODGE BUILDING.

YES.

THAT'S SKYLINE VISTA DRIVE IN BETWEEN THE NURSING HOME IN NORTHWESTERN NORTH, WHICH IS A MUCH LESS TRAVELED AREA AND IT'S A MUCH SLOWER TRAVEL.

SO THE FIRST PHASE OF THAT WEST CHRYSLER SIDEWALK THAT WE APPLIED FOR GRANT FUNDING COMES ALL THE WAY DOWN AND GOES BACK UP AND CONNECTS TO THAT WARREN.

RIGHT.

CONNECTS TO THE SECOND PIECE THEY HIT TO CUT IT BECAUSE OF THE COST WOULD BE FOOT BRIDGE UP.

AND THEN ONCE YOU GET BRIDGE TO THE GATE, IT TURNS TO VDOT.

BUT YEAH, EVENTUALLY THERE WOULD BE IF THE FUNDING WOULD COME THROUGH.

YES, SIR.

SO, ALL RIGHT.

THAT WHAT YOU JUST SAID THAT, SO YOU'RE SAYING WE'VE ALREADY APPLIED FOR, WE'RE TRYING TO GET FUNDING FOR SIDEWALK THERE ALREADY.

THE FIRST PHASE? NO, FROM THE FIRST STATE.

FROM THE SKYLINE ALL THE WAY UP TO THE SEVEN 11 STOPLIGHT.

THAT IS OUR FIRST PHASE.

SO THIS WOULD BE PART OF THE SECOND PHASE.

AND THEN THE SECOND PHASE GOES UP TO THE MIDDLE SCHOOL AND THEN THE THIRD PHASE GOES ALL THE WAY BACK TOWARDS FORAY.

OKAY.

GOTCHA.

ALL RIGHT.

THIS WILL BE A CHUNK OF PHASE TWO.

SO THERE YOU GO.

SO MR. WA NEEDS TO KNOW WHERE WE WANNA GO WITH THIS.

I THINK EVERYBODY SAYS WE WANNA PROVIDE WATER.

I THINK WE SAID THAT WATER.

SURE.

YEAH.

I MEAN THAT'S, I YEAH, IF I COULD JUST YES.

OBJECT TO A REMINDER, WHICH IS, IF IT'S, IF IT'S SUPPLYING OUT OF TOWN, UH, COUNCIL HAS TO AMEND THE MORATORIUM CORRECT.

AND FOLLOW THE OUT OF TOWN WATER POLICY.

RIGHT, RIGHT.

UH, THE MORATORIUM SAYS WHERE, WHERE WE PROVIDED OUT HOWEVER, AMEND THAT AMEND COUNSEL WOULD NEED TO FOLLOW THE POLICY MR. WALLACE BORE.

SO IF, UH, LET'S SAY WE WERE GONNA PROVIDE OUT OF TOWN, YOU KNOW, WE WOULD STILL REQUIRE PUBLIC HEARING TO DO THAT TEXT AMENDMENT TO ADD THAT AREA INTO THE MORATORIUM.

SO I THINK MORE APPROPRIATE AT THIS POINT, WE MAYBE MOVE AN ACTION ITEM FOR VOTE ON FEBRUARY 26TH TO BOUNDARY LINE ADJUSTMENT.

AND THEN THAT WOULD TELL US WHAT THE CONSENSUS OF COUNCIL IS AND GIVE STAFF THE DIRECTION TO MOVE FORWARD.

AND IF IT IS TO NOT BOUNDARY LINE ADJUSTMENT, THEN WE STILL WOULD'VE TIME TO DO THAT TEXT AMENDMENT.

AND SO THAT WOULD BE MY RECOMMENDATION.

AND THERE DOESN'T NEED TO BE A PUBLIC HEARING ABOUT THAT.

THEN FOR THE BOUNDARY LINE ADJUSTMENT, WHATEVER YOU JUST SAID, WE'D BE DOING FEBRUARY 26TH.

NO, NO.

THIS IS AN ACTION ON COUNCIL GIVING STAFF DIRECTION BECAUSE YOU WOULD BE GIVEN, I GUESS I DON'T KNOW IF THE LETTER WOULD COME FROM, PROBABLY COME FROM ME TO THE COUNTY 'CAUSE IT'S A REQUEST TO THE COUNTY FOR THAT BOUNDARY LINE ADJUSTMENT.

I'D HAVE TO REVIEW THOSE STATUTE.

SO THAT'S WHAT WE DO ON FEBRUARY 26TH.

AND IF IT WAS A YAY, THEN WE'D ADVERTISE FOR A PUBLIC HEARING FOR THE,

[01:20:01]

UH, I DON'T KNOW, THE PROCEDURE ON A BOUNDARY LINE ADJUSTMENT.

BUT ONCE WE GOT THAT CONFIRMATION, WE COULD THEN PROCEED NOTIFICATION OF THE COUNTY AND THEN WE CAN, AND THEN GIMME A COUPLE WEEKS.

WE CAN FIGURE OUT WHAT THAT PROCESS LOOKS LIKE FOR, FOR BOUNDARY LINE ADJUSTMENT.

'CAUSE I HAVEN'T WENT THROUGH THAT BEFORE.

SO, OKAY.

SO ONE STEP AT A TIME.

YES.

MAY I ASK IF, IF THERE'S INTEREST TO DO A BOUNDARY LINE ADJUSTMENT, UH, ON THIS PROPERTY? WHAT ABOUT UP TO VISTA DRIVE, THAT PORTION OF IT? HAVE YOU EVER HEARD JIM ON GET AN INCH, TAKE HIM OUT.

JUST KIDDING.

JUST THINKING.

I'M LIKE, WOO.

BECAUSE THEN, BECAUSE THEY'RE, THAT'S GONNA CHANGE THINGS ALONG THERE TOO, RIGHT? I MEAN, I HEAR YOU.

THAT AND THIS IS EXACTLY WHAT I WAS TRYING TO SAY.

THAT WE WOULD, I MEAN THAT WOULD BE, IF I WOULD BE THEM, I WOULD BE ASKING THE SAME THING.

BUT IF WE DID THAT, WE CAN'T REQUIRE A SIDEWALK BECAUSE IT'S NOT A NEW DEVELOPMENT.

NO, IT'S NOT A NEW DEVELOPMENT.

YEAH.

THERE'S NO, SO WE WOULD JUST TAKE THEM IN, GIVE THEM CHEAPER WATER AND THAT WOULD BE THAT WELL WE, WE COULD MAKE A DEAL.

YOU YOU, YOU WANT TO REDUCE YOUR WATER, WE'LL DO A BATTERY ADJUSTMENT, BUT YOU'RE GONNA SPEND THOSE SAVINGS FOR FIVE YEARS AND PUT IN SIDEWALK IN.

I DON'T THINK WE CAN MAKE IT.

I MEAN I, I'M NOT THEN DON'T DO THE BOUNDARY.

YEAH.

I WAS GONNA, I DON'T THINK YOU CAN MAKE A DEAL LIKE THAT.

SO IS THAT YEAH, I MEAN, YEAH.

RIGHT.

I MEAN, GEORGE, I DIDN'T LIKE SOMETHING WE COULD, THAT'S LIKE A NEGOTIATION WITH BUSINESS.

WELL, I MEAN IN A PERFECT WORLD WE COULD, MY QUESTION IS THAT IT GETS MORE COMPLICATED WITH THE COUNTY IS MY COMMENT.

WELL, THE COUNTY DOESN'T MORE, THE MORE THE TOWN WOULD WANT TO PULL IN FROM THE COUNTY, THE MORE WELL RIGHT.

COMPLICATED ITS, BUT THE COUNTY, 'CAUSE THEY LOSE 'CAUSE THAT THEY DO PAY TAXES FOR THAT.

THEY DON'T, THEY DON'T LOSE THE PERSONAL PROPERTY TAX THAT'S ALWAYS THERE.

WE'RE ALL COUNTY RESIDENTS EVEN THOUGH WE LIVE IN TOWN.

IT'S TRUE.

THAT'S A GOOD POINT.

THEY BRING IN TOWN THOUGH.

THEY'RE GONNA BE PAYING TOWN PROPERTY TAXES TOO THOUGH.

ABSOLUTELY.

YEAH.

WELL, BUT THEY'LL GET REDUCED.

GREAT.

I MEAN, I, I I, CAN WE GET BACK WHAT WE NEED TO DO WITH THIS LADY SO SHE CAN GET OUTTA HERE? SHE'S HERE FROM GREENWAY, RIGHT? YEAH.

SO SHE CAN LEAVE.

WE, I THINK WE, I MEAN I DIDN'T KNOW WE, WE, YEAH, IF SHE, I KNOW SHE CAME, BUT I THINK WE'VE ALREADY SAID WHAT WE WERE GONNA DO FEBRUARY 26TH.

BRING IT THERE AND SEE WHERE WE GO FROM THERE.

CORRECT.

RIGHT.

OKAY.

ALRIGHT.

THANK YOU LAUREN.

THANK YOU LAUREN.

SO THE LAST THING IS THE REVIEW OF FY 24 TOWN COUNCIL RETREAT.

UM, AND I WILL SAY THAT WE, WE TALKED ABOUT DOING THE GOALS AND INITIATIVES, BUT WE JUST, WE DON'T, WE DON'T HAVE IT ALL.

YEAH.

AND IT'S BEEN SLOWLY TRICKLING IN FOR MR. CHANDLER.

NOT THAT HE DID ANYTHING WRONG, I'M JUST SAYING I I SUSPECT IT CAME SLOWLY TRICKLING DOWN.

SO HE'S TRYING TO YEAH, OBVIOUSLY.

YEAH.

YEAH, YEAH.

COVID LAST WEEK.

NO, NO.

I'M SAYING I DON'T THINK WE'RE READY TO DO THAT.

I THINK WE NEED TO LOOK AT THE VISION STATEMENT, MISSION STATEMENTS, THAT STUFF.

RIGHT.

UM, I WE WANNA DO IT ALL AT ONE TIME.

WELL, I THINK TO ARGUE ABOUT LET'S MOVE IT NEXT TO THE NEXT WORK SESSION.

YEAH.

I MEAN I, WHATEVER COUNCIL WANTS TO DO, I, I THOUGHT THE, IT IS KIND OF A, WELL, I MEAN, I'LL BE HONEST WITH YOU, IT IS KIND OF TOUGH, PIECEMEAL AND EVERYTHING.

I WILL SAY THAT BECAUSE IT'S LIKE, OKAY, LET'S DO THIS DAY.

IT'S DO THIS DAY.

HONESTLY, I WAS A LITTLE CONFUSED ON THE INSTRUCTION.

I DON'T EVEN KNOW IF I DID IT RIGHT OR NOT.

I JUST, I SAID THE SAME THING.

THE SAME.

I THOUGHT IT WAS CATEGOR.

I SENT ONE IN AND THEN HE, I SENT MINE IN AND Y'ALL YOURS.

AND THEN I, I DIDN'T DID IT TAKE, TAKE OUT? THESE DIDN'T EVEN WORK.

I DID IT WRONG THREE THINGS.

RIGHT.

SO THAT'S HOW I RESPONDED TO MY EMAIL.

I DON'T EVEN KNOW, I GUESS I DID THAT RIGHT.

I DON'T KNOW.

NO, YOU DID IT RIGHT.

WELL, I, I WANTED THIS METHODOLOGY TOO.

I DIDN'T KNOW HOW HE DID IT.

THOUGHT OKAY.

I'M LIKE, IF I DID IT RIGHT THEN THAT'S FINE.

'CAUSE I NEVER HEARD ANYTHING BACK.

I'M LIKE, BUT APPARENTLY WE ALL DID SOMETHING.

SO.

YEAH.

AND SO WHAT WHAT WHAT REALLY RESULTED IN IS WE'VE GOT OVER A DOZEN GOALS THAT WE'RE GOING TO HAVE TO COME TO A CONSENSUS TO TRY TO YEAH.

TRY TO.

BUT THAT'S, THAT'S WHERE WE'LL WE, WE WILL PUT THIS TOGETHER IN A SURVEY OR SOMETHING AND LET Y'ALL PRIORITIZE AND WE CAN TAKE THE TOP THREE OF FIVE.

THE ONE, THE ONES WE GOT TODAY.

I JUST KEPT GOING.

YEAH.

RIGHT.

AND I KEPT THINKING, I DON'T KNOW IF THAT'S GONNA HAPPEN IN THE NEXT TWO YEARS, BUT , BUT THE, BUT THE VISION STATEMENT AND THE MISSION STATEMENT, THE CORE VALUES, THOSE WERE THINGS WE, THOSE WERE THE THINGS WE TALKED ABOUT THAT NIGHT THAT I FELT LIKE EVERYBODY, THE, THE GOALS AND INITIATIVES ARE GONNA GO UNDER THOSE TOWNS AND COUNCIL GOALS AND INITIATIVES.

SO I DON'T KNOW THE, THE ONLY THING I HAD TO SAY IS THE VISION STATEMENT NEEDED SOME PUNCTUATION ONCE I SAW IT WRITTEN UP.

THAT'S ALL I WAS GONNA SAY.

'CAUSE IT SHOULD SAY FRONT ROW IS A PLACE CITIZENS AND BUSINESSES ARE PROUD TO CALL HOME.

COMMA, WHERE THERE IS A STRONG SENSE OF COMMUNITY AND INSTEAD OF, AND THE COMMITMENT IT SHOULD BE AND A COMMITMENT

[01:25:01]

TO SUSTAIN, YOU DON'T TWO AGREE.

THAT'S HOW, THAT'S HOW IT SHOULD HAVE BEEN.

UM, AND THEN THE REST OF THE STUFF WAS WHAT THAT WE ALL AGREED ON IN THERE.

AND I DIDN'T THINK ANY OF THAT, THE WHOLE THING AT ONE TIME.

YEAH.

I DIDN'T THINK IT NEEDED TO.

YEAH.

I, I WOULD SAY THAT PROBABLY WHAT'S GONNA NEED TO HAPPEN IS WE'RE GONNA HAVE TO SCHEDULE AN ADDITIONAL MEETING.

IS WHAT I, I THINK JUST A MEETING WITH THAT, WITH THAT BEING THE ONLY THING ON THE AGENDA BECAUSE YEAH.

BECAUSE YOU DON'T THINK WE CAN PUT IT ON LIKE THE FIRST WORK SESSION IN MARCH.

YEAH.

THE, ALL OF THIS AND THE GOAL AND INITIATIVE AND PLUS WHAT WE'VE ALREADY GOT ON OUR CLIPBOARD IN THE END IS THE SECOND ONE IN MARCH.

I THOUGHT WE DID SO MUCH WORK THE SECOND NIGHT OF THE RETREAT.

'CAUSE WE AGREED WE DID.

I'M GONNA HAVE TO HAVE A WHOLE NOTHER SPECIAL MEETING.

THAT'S WHAT I, THAT'S WHAT WE WELL THAT'S WHY WE THOUGHT WE WERE GONNA DO THIS CHUNK TONIGHT AND THEN THE GOALS AND INITIATIVE LATER.

BUT, BUT I, YOU KNOW, IT'S WHAT EVERYBODY, WE CAN DO THAT.

SO I THINK WE'LL JUST WAIT.

IT, I LIKE THE IDEA OF THAT IF, IF THERE IS A WAY TO, IN THE BACKGROUND TAKE WHAT WAS SUBMITTED AND MAKE ANOTHER, ALTHOUGH I FEEL LIKE THEY, HE SURVEYED US PRETTY DEEPLY TO WHERE WE GOT ALL THEIR, OUR PRIORITIES.

IT'S JUST WORDSMITHING THEM INTO ROLES.

RIGHT.

SO, AND, AND NARROWING THEM IN.

SO.

RIGHT.

SO WHAT I SAW WAS WHEN I WAS LOOKING AT THE LIST TODAY, 'CAUSE THE LAST ONE DIDN'T COME IN UNTIL, I DON'T KNOW, FIVE SOMETHING.

BUT WHAT I THINK HE DID IS HE TOOK EVERYBODY'S RESPONSES AND THEN JUST DID A DUMP.

YEAH.

DID A DUMP.

AND SO WE'RE GONNA HAVE TO FIGURE OUT WHERE, WHERE, WHERE WE HAVE SOME COMMON YEAH.

SO JUST GET A METHOD, BECAUSE THAT WAS MY FIRST THING.

I WASN'T GONNA AGREE TO, 'CAUSE I DIDN'T KNOW WHAT EVERYBODY ELSE HAD DONE AND I DIDN'T KNOW WHAT METHOD HE WAS USING TO FILTER THAT INFORMATION AND ORGANIZE IT.

SO IF THAT COULD BE DONE IN THE BACKGROUND TO WHERE WE COULD ADD OUR MEETING, JUST VOTE ON THIS.

I THINK THAT WOULD PROBABLY, YOU KNOW, IT IS ALMOST LIKE A VOTE.

I MEAN, BECAUSE WE'RE, WE'RE STILL GONNA BE GIVING OUR OPINION.

I MEAN, THERE'S NO REAL, WE DOT REALLY FEEL LIKE WE NEED TO SIT AROUND AND HASH IT OUT.

AGAIN.

I DON'T, I MEAN I DON'T BUT YOU ALL, I THINK I THINK THE PRIORITY GOALS OR YOU TALKING ABOUT THE STATE.

I'M TALKING ABOUT THE, I'M TALKING ABOUT THE, THE STATEMENTS THAT WOULD GO.

OKAY.

I I I THOUGHT IT WAS PRINTED OUT, LIKE I SAID OTHER, A LITTLE PUNCTUATION.

I DON'T KNOW WHAT WE'RE COLLECTIVE.

I THOUGHT I'M GOOD.

YEAH, YEAH.

WITH THIS AND YOU'RE THE SCHOOL TEACHER.

YEAH.

I, I THOUGHT ALL OF THIS STUFF WAS FINE.

OKAY.

I THINK THE ONLY THING WE NEEDED TO WORK ON WAS THE GOALS AND INITIATIVES.

PUTTING THEM IN THERE.

THAT WAS ALL.

OH YEAH.

ABSOLUTELY.

BUT WHEN YOU SAID OUR, CAN WE BE IN AGREEMENT WITH DENNIS? I I THINK WE ARE.

I I THOUGHT WE HEARD THAT NIGHT, BUT, AND WE ARE.

I I JUST BROUGHT IT BACK.

I THOUGHT IT WOULD BE GOOD TO RESET, UM, KEEP IT IN THE FOREFRONT.

UM, I'M PRETTY HAPPY WITH THE VISION AND MISSION STATE VALUES.

I'M VERY HAPPY WITH THOSE.

YEAH.

I THINK IT CREATES A FOUNDATION FOR US TO, TO, TO PIVOT OFF WITH OUR GOALS.

SO I MYSELF WANTED TO BRING IT HERE JUST TO MAKE SURE THAT IF YOU HAD ANY SECOND THOUGHTS SINCE THAT SECOND NIGHT, BECAUSE WHAT I WOULD LIKE TO DO IS KIND OF START PUSHING THIS OUT A LITTLE BIT.

PUTTING IT ON THE WEBSITE.

I MEAN, THIS IS OUR VISION.

IT'S SOMETHING WE SHOULD BE PROUD OF.

YEAH.

RIGHT.

AND THAT'S WHERE I THINK WE, THE, THE, WHEN WE LEFT THERE THAT NIGHT, WE SAID THAT LIKE IN OUR FEBRUARY WORK SESSION, WE'D BE ABLE TO LOOK AT THIS AND BE, WE'RE GOOD WITH THIS.

AND WE CAN START PUSHING THAT OUT AND THEN FILL THE GOAL.

RIGHT.

WE CAN START BUSINESS, BUT WE DO NEED TO COME TOGETHER ON OUR GOAL.

YES.

YEAH.

AND THE ONLY THING I WOULD SAYING ABOUT THE GOALS AND INITIATIVES IS I LOOKED AT THAT WAY, YOU KNOW, LIKE A CIP, YOU KNOW, LIKE ALL OF THOSE THINGS WERE ON THERE.

WE, WE HAD TO REALLY LOOK AT, I MEAN, I'M JUST GONNA BE HONEST, IF WE SAY WE'RE GONNA TRY TO DO ALL 19 OF THOSE THINGS, THAT WAS UNDER CATEGORY PRACTICE, GOOD GOVERNANCE.

I WAS LIKE THERE, THAT WAS A LOT OF STUFF ON THERE.

I DIDN'T EVEN GO TO THAT.

I DIDN'T GO TO THAT DEPTH.

I JUST TOOK WHAT WAS ON THERE.

ME TOO.

RIGHT.

AND I JUST PUT, PUT A, PUT THE, I PUT A THREE, TWO OR ONE BESIDE WHAT I THOUGHT THEY WERE.

BUT THEN THAT'S WHAT I THOUGHT I WAS GONNA DO.

BUT I MEAN, I DON'T KNOW WHAT MAJOR EFFORT.

I MEAN, I WOULD, I WOULD GUESS TO SAY THAT WE PROBABLY PUT A LOT OF SIMILAR IF IF EVERY TIME EVERYBODY DID IT, I WOULD, TO ME A LOT OF 'EM SEEM STRAIGHTFORWARD.

MM-HMM.

.

AND A LOT OF IT SAID GOOD GOVERNANCE IN THE POEM.

LIKE, OKAY, WELL THAT PROBABLY GOES UNDER GOOD GOVERNANCE RIGHT HERE IF THIS VISUAL RIGHT.

YOU KNOW, AND THEN LIKE, UH, YOU KNOW, SMART DEVELOPMENT PLANNING.

OKAY.

THAT, THAT GOES, I THINK GOES RIGHT HERE.

SO TO ME, A LOT OF IT SEEMED LIKE STRAIGHTFORWARD.

SO IT WAS, AND WE MAY EVEN IF WE DISAGREED ON IT, I MEAN TWO THINGS, I WOULD THINK THAT, BUT EVEN THEN IT'S LIKE I, IT TOOK ME LIKE 20 MINUTES.

I THOUGHT IT WAS PRETTY, PRETTY STRAIGHTFORWARD.

I JUST MEANT SOME OF THE THINGS THAT WE SAW TODAY THAT CAME OUT WERE THINGS THAT LIKE INVOLVED BUDGET, THINGS LIKE DOING THIS COMP COMPENSATION AND THIS AND HIRING ADDITIONAL PEOPLE WITH THAT.

ALL I WAS

[01:30:01]

TRYING TO SAY IS LIKE, WE NEED TO LOOK AT THAT AND PRIORITIZE LIKE WHAT DO WE THINK SHOULD BE FIRST? AND YOU KNOW, WHAT, WHAT, YOU KNOW, PUTTING THEM IN ORDER AND WE TICK THEM OFF.

OKAY, WE'VE GOT THIS DONE.

BUT, BUT TO SAY WE'RE GONNA DO ALL ZION, 10 OF THOSE THINGS BY 2020, THE END OF 2025.

THAT THAT MIGHT, YOU KNOW, I DON'T, I DON'T WANNA SAY MORE THAN WHAT WE COULD DO, YOU KNOW? YEAH.

RIGHT.

UM, SO, BUT I, BUT I, ALL I'M SAYING IS I THINK WE CAN DO THAT IN A BACKGROUND.

I DON'T THINK WE NECESSARILY HAVE TO DO A SEPARATE MEETING.

I THINK THAT WE COULD DO THAT BY LIKE A SURVEY FORMAT OR SOMETHING OF THAT NATURE IN THE BACKGROUND.

BECAUSE WE'RE, WE'RE GONNA JUST SIT AROUND AND, UH, WE'RE NOT GONNA HAVE ANYTHING NEW, I DON'T THINK.

YEAH.

WE'LL BE REHASHING A LOT OF WHAT WE SAID.

YEAH.

BUT, YOU KNOW, I CAN DO EITHER.

SO , BUT WE WILL WAIT.

I'M STILL, WE GET EVERYTHING .

WE'LL WAIT TILL WE GET EVERYTHING FROM MIKE AND THEN YOU AND I CAN TALK ABOUT HOW TO MOVE IT OUT.

I WISH, I WISH WE USED GOOGLE BECAUSE THEY'RE SO, THERE'S SUCH AN EASY WAY TO MAKE A GOOGLE SURVEY AND PEOPLE COULD LIKE CHECK, YOU KNOW, PUT THEM IN ORDER AND IT SHOWS YOU LIKE A SIDE CHART OR A BREAKDOWN AND IT WOULD TELL YOU REALLY EASILY HOW WE CAN WE CONVERT THIS INFORMATION TO YEAH.

I'LL BE ABLE TO DO A SURVEY.

JUST GIVE ME, GIMME A DAY AND WE'LL BE, WE'RE NOT EVEN GONNA YEAH.

AND THEN YOU CAN SURVEY AS TO WHETHER TO PUT ON THE FIRST OR SECOND PART.

AND I THINK IT'S GONNA HAVE TO BE THE SECOND, BECAUSE THE FIRST IS LOOKING PRETTY HARD.

GO A LITTLE BIT LONGER.

YES, ABSOLUTELY.

THE PRIORITY FOR THE FIRST MARCH MEETING IS BUDGET.

SO YEAH, WE WANT TO TRY TO, BUT THEN AGAIN, IF WE HAVE A GOAL OF DOING THIS, ALL NUMBER OF DOLLARS CAN FIT THE BUDGET.

YOU KNOW, I DON'T WANT TO SET A GOAL, SAY, WELL, GEE, THAT'S NICE.

I WILL MOVE AS FAST AS I CAN AND GET THE SURVEY OUT.

THAT'S THE ONLY THING I CAN GUARANTEE.

YEAH.

WELL, I SAID THIS, I THINK THE SECOND.

THANK YOU, JOE.

.

WELL, YOU KNOW WHAT? I CAN HELP WITH YOU.

YOU WANT ME TO HELP YOU WITH THAT? OH NO, I JUST GOT THE RESULTS TODAY.

SO THE LAST ONE, WE NEED TO DIGEST IT MORE THAN FOR FIVE CASH.

OKAY.

WE MOTION TO ADJOURNED.

SECOND.

YES.

ALL RIGHT.

BECAUSE WE, WE DON'T NEED TO DO A ROLL CALL.

RIGHT.

'CAUSE WE ALREADY WENT AND CLOSED.

CAME OUTTA CLOSED.

WE'RE GOOD.

RIGHT? WE'RE GOOD.

ALL RIGHT.

THANK YOU.

OKAY.