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SESSION FOR MONDAY,

[00:00:01]

JUNE 1ST, AND WE'LL START OFF AS LITTLE FOLLOW WITH THE ROLL CALL.

MAYOR .

HERE.

VICE FEL HERE.

COUNCIL MEN DO HAY HERE.

COUNCILMAN ABRAM? HERE.

COUNCILMAN RAPPAPORT.

ABSENT.

COUNCILMAN .

ABSENT.

COUNCILMAN WOOD HERE.

ALRIGHT, SO WE'RE GONNA START OFF FIRST.

UM, WE ACTUALLY HAVE AN ACTION ITEM, UM, WHICH IS DIFFERENT FOR US ON A WORK SESSION, BUT WE ARE ALLOWED TO DO THAT.

SO, UM, THE AGENDA ITEM IS A RESOLUTION FOR NEW ENCROACHMENT LICENSE FOR 1 25 WEST FOURTH STREET.

UM, AND THE SUMMARY IS COUNSEL REQUESTED TO APPROVE A RESOLUTION FOR A NEW ENCROACHMENT LICENSE IN PORTION OF THE FRONT PORCH ENCROACHING INTO WEST FOURTH STREET AT 1 25 WEST FOURTH STREET.

AS PRESENTED COUNSEL PREVIOUSLY APPROVED A FIVE YEAR LICENSE WITH MARTIN AND RACHEL MCMAHON IN 2014, WHICH MY LAST YEAR RULE COUNSEL AT THE TIME AND AN AMENDMENT WITH JAMES SBE IN 2019.

HOWEVER, THE AMENDMENT EXPIRED AFTER FIVE YEARS.

SO BEFORE WE HAVE A MOTION, DOES COUNCIL HAVE ANY QUESTIONS FOR MR. SON? 'CAUSE I'M ASSUMING YOU WOULD BE THE PERSON TO 'CAUSE THE ENCOURAGEMENT.

DOES ANYBODY HAVE ANY QUESTIONS FOR MR. SONNET OR DO YOU WANNA EXPLAIN? JUST WELL, I'LL GIVE A, JUST LET ME MENTION.

SO THERE WAS PUBLIC COMMENT MM-HMM .

AT THE LAST REGULAR MEETING, UH, WHICH, UM, NOTED THE SENSE OF URGENCY.

I I THINK THE MATTER WAS ALREADY ON STAFF'S RADAR.

MM-HMM .

UH, SO WE EXPEDITED THIS OKAY.

TO GET IT DONE, UH, TONIGHT.

UM, THE ONLY THING I'D REALLY ADD IS JUST TAKE A LOOK AT THE FOUR RECITALS IN, IN THE, IN WITHIN THE LICENSE, PRETTY MUCH EXPUL THE, THE AUTHORITIES IN STATE LAW AND, UH, AND, YOU KNOW, A CERTAIN SMALL PORTION OF THE IMPROVEMENTS ON THAT LOT EXTEND INTO THE TOWN RIGHT OF WAY.

UM, ON FOURTH STREET, UM, IT'S THE PORCH RIGHT.

THAT SAYS BASICALLY THE PORCH IS IN THE TOWN.

RIGHTWAY, BUT IT'S, BUT IT'S PART OF THE HOUSE FOUNDATION.

RIGHT? RIGHT, RIGHT, RIGHT.

UM, AND WE'RE TALKING INCHES.

YES.

UH, IT, IT RANGES FROM ONE 10TH OF A FOOT TO AT MOST THREE TENTHS OF A FOOT.

AND THE HOUSE WAS BUILT IN 1903.

AND WE HAVE THE ASSESSMENT DATA THAT HAS A PHOTO OF THE HOUSE IN THE PACKETS YOU CAN SEE.

SO THIS IS A BALANCING ACT.

'CAUSE THE CHARTER SAYS THAT, UH, COUNCIL SHOULD ELIMINATE ANY ENCROACHMENTS.

STATE LAW SAYS AUTHORIZES PERMISSION.

SO THIS IS PERMISSION AND IT'S REVOCABLE AT WILL BY THE TOWN.

OTHERWISE, OTHERWISE IT'S FOR 10 YEARS.

TOWN CHARTER WOULD SAY THAT, LIKE, I'M JUST THINKING LIKE, WOULD, DO THEY LITERALLY MEAN LIKE THEY WOULD HAVE TO GET RID OF THE, THE PORCH IN ORDER TO MEET IT EVENTUALLY? THAT IS CRAZY, ISN'T IT? THANK YOU FOR EXPEDITING THIS.

'CAUSE YOU COULD TELL BY THE PUBLIC COMMENTS LAST WEEK THAT THE PERSON SEEMED VERY, UM, STRESSED ABOUT IT, HAPPENING SOONER RATHER THAN LATER.

I'LL ENTERTAIN A MOTION.

I MOVE THAT COUNSEL AUTHORIZE AN ENCROACHMENT INTO THE TOWN'S WEST FOURTH STREET RIGHT OF WAY IN FAVOR OF THE PROPERTY OWNERS OF 1 25 WEST FOURTH STREET AS DESCRIBED AND IN ACCORDANCE WITH THE ENCROACHMENT LICENSE AS PRESENTED AT THE TOWN MANAGER TO EXECUTE THE ENCROACHMENT LICENSE ON BEHALF OF THE TOWN.

SECOND.

I HAVE A QUESTION.

READING THAT MOTION, I JUST LOOK AT IT IN THE BACK OF THE MEETING, BUT, UH, IT SAYS IN FAVOR OF THE PROPERTY OWNERS.

I THINK THE PERSON WHO SPOKE BEFORE US LAST MONDAY NIGHT, THAT THE URGENCY WAS BECAUSE OF THE SALE OF THE PROPERTY.

MM-HMM .

SO DOES THAT MEAN WE'RE GONNA NEED TO REDO THIS WITH THE NEW OWNER? IT'S DRAFTED IN THE MEETING OF THE NEW OWNERS.

SO THIS, THIS DOCUMENT WILL GO TO CLOSING.

OKAY.

OH, OKAY.

ANY OTHER DISCUSSION? OKAY, ROLL CALL.

COUNCILMAN PAY? YES.

COUNCILMAN INGRAM? YES.

COUNCILMAN WOOD? YES.

VICE MAYOR AL? YES.

THANK YOU.

GOOD THING WE HAD FOUR OF YOU HERE.

WE WOULDN'T HAVE BEEN ABLE TO TAKE ACTION.

ALRIGHT, SO NEW APP, NEW BUSINESS.

UH, FIRST UP IS THE HOURLY WOOD GRAD AND DEAN SERVICE CONTRACT.

AND THAT'S, UH, MS. CAMPBELL.

HI, UM, COUNSEL IS COUNSEL IS REQUESTED TO APPROVE THE AWARD OF A ONE YEAR WOOD GRINDING SERVICE CONTRACT AT THE MANASSAS AVENUE DISPOSAL SITE FOR THE PUBLIC DEPARTMENT

[00:05:01]

OF PUBLIC WORKS TO GREEN WASTE THREE RECYCLERS, LLC OR PARK ROYAL VIRGINIA.

THE CONTRACT INCLUDES A RENEWAL CLAUSE PROVIDING THE OPTIONS TO RENEW FOR FOUR ADDITIONAL ONE YEAR TERMS. THE PROCUREMENT METHOD WILL BE COOPERATIVE CONTRACTING IN ACCORDANCE WITH THE VIRGINIA PUBLIC PROCUREMENT ACT, UTILIZING A FAULK COUNTY CONTRACT AWARD TO GREEN WASTE.

RECYCLERS STAFF OBTAINED THE QUOTE AND THE AMOUNT OF $725 PER HOUR PLUS A ONE TIME MOBILIZATION CHARGE OF $750.

THE HOURLY RATE INCLUDES THE OPERATOR, THE EQUIPMENT, AND THE FUEL AND FUNDING IS AVAILABLE WITHIN THE DEPARTMENT OF PUBLIC WORKS.

FISCAL YEAR 26 BUDGET UNDER THE PUBLIC WORKS SOLID WASTE MANAGEMENT LINE.

ANY QUESTIONS FOR MS. PIT? SO WE DID THIS UNDER THE FALL HERE.

UH, SO WHEN WE DO THAT, WE DON'T GET ANYBODY ELSE BIDDING ON IT OR WE JUST ACCEPT IT BECAUSE THEY ACCEPT IT.

HOW'S IT WORK? SO WE CAN, UNDER THE PROCUREMENT ACT, ACCEPT IT JUST UNDER THAT.

BUT WE HAVE IN THE PAST TRIED TO GET QUOTES AND IT'S BEEN VERY DIFFICULT IN ORDER TO GET SOMEBODY TO PROVIDE THAT SERVICE OR TO GET 'EM TO CALL US BACK WHEN THEY SAY THEY WOULD.

SO LAST YEAR WE TRIED TO GET THREE QUOTES.

I THINK WE ONLY ENDED UP GETTING TWO.

UM, AND TIMBERWORKS IS ACTUALLY WHO OWNS, UM, GREEN WASTE.

SO THEY'RE THE ONES WHO WON LAST YEAR.

AND UM, AND THEN THIS YEAR WE CHECKED INTO IT AND THEY HAD A COOPERATIVE CONTRACT.

PLUS WE'D LIKE TO GET INTO, UH, HOPEFULLY A RENEWAL MULTI-YEAR CONTRACT.

BUT THEN , SO THEY'VE DONE IT FOR US BEFORE.

OBVIOUSLY THEY DID MM-HMM .

AND THEY DID, I'M ASSUMING PUBLIC WORKS FELT LIKE THEY DID A GOOD JOB.

RIGHT? THEY, THEY DID DO A GOOD JOB.

GOOD.

YEAH.

OH, .

YEAH.

THAT WAS GOOD.

ANY OTHER QUESTIONS FOR MS. CAMPBELL? OKAY, THEN WE CAN, WE CAN PUT THIS ON THE 22ND.

CONSENT.

YEP.

CONSENT .

I SHOULD HAVE YELLED IT OUT.

OKAY.

THEN NEXT IS THE DOWNTOWN PARKING STUDY, WHICH SUBSTANCE CASE COUNCIL IS REQUESTED TO APPROVE AWARDING A TASK ORDER TO COMPLETE THE DOWNTOWN PARKING STUDY TO TIMMONS GROUP, INCORPORATED IN THE AMOUNT OF $50,000.

THE PROPOSED STUDY WILL PROVIDE THE TOWN WITH A COMPREHENSIVE ASSESSMENT OF EXISTING PARKING CONDITIONS, UTILIZATION TRENDS, AND POTENTIAL PARKING MANAGEMENT STRATEGIES WITHIN THE STUDY AREA.

THE PROJECT IS INTENDED TO SUPPORT FUTURE PLANNING EFFORTS TO PROVIDE DATA DRIVEN RECOMMENDATIONS REGARDING PARKING, AVAILABILITY, OPERATIONS, AND POTENTIAL PAID PARKING .

ACTUALLY, IT GOES INTO A LOT MORE THAN THAT, BUT, UM, , IT WAS A LENGTHY, LENGTHY TOPIC THERE, BUT, UM, JUST OUTTA CURIOSITY, I DON'T KNOW IF YOU WOULD KNOW THIS OR IF ANYBODY WOULD KNOW THIS, BUT HAS, I KNOW THERE WAS A PARKING STUDY DONE AT ONE POINT, BECAUSE I REMEMBER I SAW LIKE RENDITIONS OF WHERE IT SHOWED LIKE A, UM, LIKE A PARKING GARAGE, BUT IT WAS LIKE A PARKING LIKE, OR SOMEBODY SHOWED ME THAT SOMETIMES SINCE I'VE BEEN ON COUNCIL, BUT MAYBE IT WAS LIKE DOWNTOWN BUSINESS DID IT OR SOMETHING, BUT SOMEBODY SHOWED ME LIKE, BUT IT WASN'T LIKE A TALL PARKING GARAGE.

IT WAS LIKE ONE THAT WENT, WENT UNDER LIKE, IT WAS LIKE A LOWER LEVEL AND THEN UPPER LEVEL SO THAT IT WASN'T, UM, VERY TALL THAT WOULD, UM, NOT MATCH THE AESTHETICS OF THE DOWNTOWN AREA.

I, AND AGAIN, MAYBE NOW I'M SITTING HERE AS, AS YOU'RE LOOKING AT ME, MR. PETTY, I'M THINKING THAT MIGHT HAVE BEEN JUST SOMEBODY PRIVATELY THAT WAS TALKING ABOUT THAT I EVEN KNOW WHO IT WAS, BUT I'M NOT GONNA GET INTO ALL THAT.

BUT THERE WAS A PARKING STUDY DONE IN 2019.

OKAY.

2019 THAT N-S-B-R-C DID.

YEAH, I'M SORRY.

WAIT.

THERE'S A 2019 PARKING STUDY THAT THE VALLEY REGIONAL COMMISSION DID.

OKAY.

AS NOW WAS LINKED WITH THE CDPG GRANT THAT WE HAD AT THAT TIME WHERE THEY WERE UPDATING IT AS WELL.

OKAY.

NOW WAS AN UPDATE FROM AN EARLIER VERSION THAT THE NORTHERN CHIN VALLEY REGIONAL COMMISSION DID.

UM, AND MAYBE THAT WAS JUST SOMEBODY THAT HAD A, MAYBE IT WAS JUST SOMEBODY THAT HAD AN IDEA OR A DRAWING, BUT IT SEEMS LIKE TO ME THEY WERE TALKING ABOUT LIKE A PARKING GARAGE, LIKE OVER THE TOWN'S.

UM, THE BANK, YOU KNOW, THE OLD BANK PARKING LOT, THEY WERE TALKING ABOUT LIKE SOMETHING THERE WHERE LIKE THE TOWN EMPLOYEES COULD ALSO HAVE ASSIGNED PARKING SPACES, BUT THEN THE OTHER SPACES WOULD BE LIKE, YOU KNOW, PAID FOR JUST LIKE THE ONES IN WINCHESTER.

I'M NOT SUGGESTING THAT.

I'M JUST TELLING YOU THAT THAT'S WHAT I RECALL.

MM-HMM .

UM, ALL RIGHT.

SO YEAH.

ANYBODY HAVE ANY

[00:10:01]

OTHER QUESTIONS FOR MS. CAMPBELL? IS THIS IN, WELL, I DON'T KNOW IF IT'S PENNY OR HER, BUT WE WERE LOOKING AT DOING A TRANSPORTATION STUDY.

SO THIS IS THE FIRST PART.

PARDON? THE TRANSPORTATION STUDY.

AND THIS IS THE FIRST PART.

SO WE'VE NOT ISSUED A CONTRACT FOR THE TRANSPORTATION STUDY.

SO THIS IS ONE PART, UM, WORKING ON A GRANT FOR A BIKE TOED PLAN.

THAT'S ANOTHER PORTION OF IT.

AND THEN WE'RE JUST KIND OF TAKING IT PIECE PLACE.

OKAY.

I'M MISTAKEN WHEN WE THOUGHT WE HAD ALREADY STARTED THAT.

YEAH.

SO I GUESS MY QUESTION WAS, I MEAN, I SEE IT'S ALREADY BEEN BUDGETED, BUT I, YOU KNOW, WELL, A COUPLE THINGS CAME TO MIND WHEN I SAW IT.

ONE WAS, DO WE, DO WE REALLY EXPECT THAT WE'RE GONNA DO ANYTHING DIFFERENT, UM, AS A RESULT OF THE STUDY? I MEAN, I DON'T, ARE WE LOOKING, IF WE'RE LOOKING FOR INSTANCE FOR A GARAGE, YOU KNOW, THAT, I MEAN, THAT'S BEEN ON THE TABLE FOREVER.

UM, IF WE'RE, THEN WE, HAVE WE GOTTEN ANY MORE COMPLAINTS LATELY THAN WE EVER HAVE? YOU KNOW, I'M JUST TRYING TO THINK IF, IF REALLY WE NEED IT AT THIS MOMENT IN THIS WAY.

UM, AND I DON'T KNOW WHO CAN ANSWER THAT, BUT I MEAN, I CAN THINK IT, UM, SO OBVIOUSLY AS, AS, UH, MS. CAPI YOU JUST MENTIONED, THIS IS PART OF A GREATER TRANSPORTATION PLAN.

IN ADDITION TO THEM ALSO WORKING ON THE ZONING ORDINANCE REWRITE, AS WE THINK ABOUT NEW DEVELOPMENT AND THE PARKING STANDARDS, ADDITIONALLY, SINCE 2019, MAIN STREET IS KIND OF SEEN A RESURGENCE.

WE'VE SEEN A LOT MORE ACTIVITY DOWN THERE.

THERE'S CURRENT DEVELOPMENT HAPPENING DOWN THERE THAT COULD HAVE AN IMPACT ON GREATER PARKING.

WHEN WE WERE LOOKING AT 2019, THERE WAS ALSO THIS VISION OF JACKSON STREET AND ITS IMPACT, AS YOU KNOW, A LOT OF THAT'S PRIVATE PARKING VERSUS PUBLIC.

UM, SO THIS WILL HELP DRIVE DECISION MAKING AS WE LOOK AT NEW DEVELOPMENT IN THE PARKING WITHIN OUR DOWNTOWN.

AND LIKE I SAID, THERE IS A, I'M NOT SAYING WE'RE IMPLEMENTING PAID PARKING, BUT THEY WILL BE EVALUATING LIKE THE FEASIBILITY OF WHAT THAT LOOKS LIKE IN YOUR DOWNTOWN.

IF YOU'VE SEEN, YOU'RE SEEING PARKING DEMANDS DOWNTOWN, THAT THERE'S JUST NOT A LOT OF MOVEMENT.

WHAT DOES IT LOOK LIKE FOR PAID? WHAT DOES IT LOOK LIKE FOR ACTUALLY ENFORCING TIME LIMITS, ET CETERA.

MM-HMM.

SO WE'RE GONNA BE EVALUATING A LOT OF THAT.

'CAUSE I THINK THAT'S THE OTHER ACTIVIST TAKING DOWNTOWN IS EVERYTHING SAYS TWO HOURS, BUT UNFORTUNATELY WE'RE NOT ABLE TO TRULY ENFORCE THAT TWO HOUR.

UM, SO WELL, AND I WONDERED ABOUT, YOU KNOW, 'CAUSE MURPHY THEATER IS, IS COMING.

CORRECT.

SO, BUT THAT'LL STILL BE A WHILE.

SO LIKE, I FEEL LIKE THAT'S GONNA CHANGE, YOU KNOW? AND, AND WE DON'T KNOW HOW IT'S GONNA CHANGE.

WE'RE GOING TO TALK TO THE DEVELOPERS.

WE WANT TO ENGAGE WITH THE COUNTY AS WELL.

AND, AND WHAT IS THE FUTURE OF OUR COURTHOUSE AS THAT YOU KNOW, IS, IS THAT, I DON'T WANNA SAY BUSINESS IS GROWING, BUT IF THE COURTHOUSE REMAINS BUSIER, WHAT DOES THE FUTURE OF THE COURTHOUSE LOOK LIKE? AND ITS IMPACT ON OUR DOWNTOWN PARKING AS WELL.

SO THE STUDY'S ESTABLISHING OUR BASELINE.

MM-HMM .

SO THIS IS GIVING US DATA AND METRICS TO ACTUALLY MAKE GOOD DECISIONS OFF OF.

AND IT'S NOT JUST THE ANECDOTAL AND PEOPLE CALLING COMPLAINING SAYING, HEY, WE DON'T HAVE ENOUGH PARKING.

MM-HMM .

WELL, WE'LL HAVE SOMETHING TO ACTUALLY SAY, YES WE DO, OR NO, WE DON'T.

AND THEN WHAT WE ARE DOING ABOUT IT AFTER, WHAT'S THE, UH, MURPHY THEATER, UH, EXPECTED CAPACITY? DO YOU KNOW? I DON'T KNOW OFF THE TOP OF MY HEAD.

I MEAN, THAT'S SOMETHING IN ADDITION TO THE THEATER, YOU KNOW, THERE'S A COWORKING SPACE ELEMENT.

SO WE'LL BE LOOKING AT THOSE CAPACITIES.

THOSE TWO USES KIND OF MIGHT BE COUNTER TO EACH OTHER.

COWORKING MIGHT BE DURING THE DAY PERFORMING ARTS MORE IN THE EVENING.

BUT, UM, LIKE I SAID, I THINK WE NEED TO BE EVALUATING ALL LAND USES IN THE DOWNTOWN AND ANY POTENTIAL FUTURE DEVELOPMENT IMPACTS IT MAY HAVE AS WELL ON THE PARK.

SO ARE, ARE THEY GONNA BE ASKING US INFORMATION FOR THIS? LIKE FOR TASK ONE FOR INSTANCE? UM, YOU KNOW, THERE INVENTORY OF WHAT WE HAVE FOR PARKING.

WE TURN OVER ANY INFORMATION AND, AND DATA THAT WE CURRENTLY HAVE, AND THEN THEY'LL WORK WITH US TO OKAY.

STUDY IT, FINE TUNE IT, ANALYZE IT.

ALRIGHT.

YEAH.

'CAUSE I'LL SAY LIKE PARKING, SIGNAGE, I MEAN, I WOULD THINK WE, I THINK I WOULD THINK WE'D HAVE SOME OF THIS INFORMATION ON HAND, YOU KNOW, FOR WHAT THEY'RE SAYING THEY'RE GONNA DO.

I I'M PRETTY SURE WE COULD FIGURE OUT HOW MANY PARKING SPACES WE HAVE.

AND, UH, THE GI IS BASED MAPPING AND ANALYSIS, WE ALREADY DO THAT.

A DA EV SPACES, WE ALREADY DO THAT.

WE ALREADY .

I WILL SAY THAT AS P WHERE

[00:15:01]

IT FEELS LIKE WE HEAR PEOPLE TALK A LOT ABOUT PARKING, YOU KNOW, AND THEN, AND THEN I'VE HEARD OTHER, LIKE MR. MCCOOL ALWAYS SAYS, YOU KNOW, HE ALWAYS SAYS PEOPLE COMPLAIN ABOUT PARKING.

BUT WE ALWAYS SEEM TO, PEOPLE ALWAYS SEEM TO FIND A PLACE TO PARK AT THESE FESTIVALS AND THINGS LIKE THAT.

BUT I DO FEEL LIKE AS THAT SEEMS TO, THAT TOPIC HAS OBVIOUSLY COME UP LOTS OF TIMES.

MM-HMM .

AND WE HAVE SAID THING, I MEAN, I'VE STAFF AND WE'VE SAID, YOU KNOW, WE NEED TO LOOK INTO PARKING.

LIKE, I FEEL LIKE THIS WOULD BE AT LEAST A GOOD STEP TO BE ABLE TO SAY, THIS IS WHAT WE'RE DOING.

THIS IS ON A SIDE NOTE THAT ABOUT THIS, LIKE, IF IN WINCHESTER, THE PARKING GARAGE GARAGES THAT THEY HAVE, THEY'RE NOT, THEY DON'T BELONG TO THE CITY OF WINCHESTER.

THEY'RE LIKE A PRIVATE COMPANY THAT DOES IT.

RIGHT? I BELIEVE THEY OWN THEM.

THEY HAVE A PARKING AUTHORITY.

THEY MAY BE MANAGED BY A THIRD PARTY.

OKAY.

UM, I'VE USED THEM SO THEY HAVE A PARKING AUTHORITY REVIEWS IT, AND WE'D BE HAPPY TO KIND OF LOOK AT THEIR PROCESS AS WELL THROUGHOUT THIS.

'CAUSE I STARTED LOOKING AT HOW THEY MANAGE IT.

AND THEN THEY USE PARK MOBILE TO DO THINGS, WHICH IS A WHOLE NOTHER, UM, PROGRAM TO MANAGE THEIR PARKING.

BUT THEY DO OWN SOME OF THE GARAGES.

I, BECAUSE THERE'S, YOU KNOW, WHEN I WAS A KID THERE WAS JUST THE ONE, THE AUTO PARK, BUT NOW THERE'S LIKE TWO OR THREE, THAT'S THREE OF, UM, THE REASON WHY I WAS SAYING THAT IS 'CAUSE I'VE OFTEN WONDERED IF THAT WOULD BE SOMETHING THAT COULD BE LIKE A PUBLIC PRIVATE THING.

LIKE WHERE NOT NECESSARILY THE TOWN IS PAYING FOR ALL OF IT, BUT IF THERE WOULD BE INVESTORS, LIKE I, HE EVEN SAID, I'VE THROWN THAT OUT TO SOME PEOPLE THAT I KNEW THAT HAD DOWNTOWN BUSINESSES.

AND I WAS LIKE, YOU KNOW, YOU COULD GO IN ON, YOU KNOW, A PARKING GARAGE AND YOU KNOW, IT COULD BE AN INVESTMENT.

AND YOU KNOW, EVEN LIKE, LIKE EVEN THE COURTHOUSE, SOME OF THE COUNTY, UM, YOU KNOW, THAT'S A COUNTY BUILDING.

BUT LIKE, I THINK IN SOME PLACES THEY'LL TAKE LIKE THE TOP FLOOR IS FOR THE, YOU KNOW, THE EMPLOYEES OF THE COUNTY.

AND THEN THE, THE FIRST AND SECOND FLOOR ARE OPEN TO THE PUBLIC TO PAY.

AND LIKE THAT FLOOR AT THE TOP IS LIKE A CONTRACT OUT WITH RIGHT.

THAT COUNTY OR THAT BUSINESS.

AND THEN THEY PAY, THEY PAY A YEARLY FEE.

AND THAT'S ALL PART OF IT.

I'M, I WAS JUST CURIOUS.

I I WAS WONDERING IF THAT'S EVER ANYTHING THAT'S A PUBLIC, IF THERE WERE FUNDS OUT THERE TO, TO DO SOMETHING LIKE THAT WHERE, YOU KNOW, GRANTS .

I WAS JUST WONDERING IF THAT'S SOMETHING THAT WOULD EVER BE ANYWAY.

BECAUSE, 'CAUSE AS OUR DOWNTOWN GROWS, WHICH IT IS GROWING, LIKE, UH, THERE WAS EVEN I THINK A NEW, A NEWER BUSINESS THAT WAS, UM, TALKING THIS WEEKEND ABOUT THAT THEY HAVE, THEY'RE NOW DOWN ON MAIN STREET OR WHATEVER.

AND I, I FEEL LIKE AS THAT IS GROWING, THERE'S ONLY GONNA BE MORE OF A NEED LIKE MURPHY'S THEATER IN PLACES LIKE THAT.

SO ANYWAY.

DOES ANYBODY HAVE ANY, UM, OBJECTION TO PUTTING THIS ON THE CONSENT AGENDA FOR JUNE 22ND? NO.

OKAY.

THANK YOU.

YEAH, THANK YOU.

ALL RIGHT.

SO NEXT UP IS THE ORDINANCE AMENDMENT TO REVIEW TOWN CODE CHAPTER 1 48, SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.

AND MS. CAPISH IS GONNA BE, SO SOME OF Y'ALL REMEMBER BACK IN 2021, WE WENT UNDER CONTRACT WITH SUMMIT, UM, TO DO THE COMP PLAN, THE ZONING ORDINANCE, AND THE SUBDIVISION ORDINANCE.

SO THIS IS THAT THIRD PIECE.

UM, AND SO WHAT WE HAD THEM DO WAS FIRST OF A, UH, STATE CODE COMPLIANCE REVIEW.

UM, AND THEN THEY MADE, UH, RECOMMENDATIONS BASED ON THAT.

SO WE DID NOT ASK FOR A COMPREHENSIVE REWRITE OF THE SUBDIVISION ORDINANCE.

THE GOAL IN THE ASK WAS JUST PLEASE HELP US BRING THIS INTO COMPLIANCE.

UM, SO WHAT THEY DID IS THEY, WE, THEY LITERALLY CREATED A SPREADSHEET BASICALLY OF ALL THE NEW STATUTES THAT HAD, UM, AFFECTED LAND USE AND ANYTHING.

15.2, UH, SINCE OUR SUBDIVISION ORDINANCE HAD BEEN WRITTEN AND APPROVED AND THEN JUST STARTED DOING A, A COMPARISON.

UM, SO WHAT THEY FOUND WAS THAT IT WAS MOSTLY IN COMPLIANCE.

THERE WERE A FEW DISCREPANCIES THAT WE FIXED.

UM, SO ONE OF THE BIG ONES WAS THE DESIGNATED AGENT, UM, I THINK IT WAS LIKE TWO YEARS AGO.

YEP.

UH, SORRY, 24, 25.

UM, THE DESIGNATED

[00:20:01]

AGENT IS A STAFF MEMBER OR WHOEVER'S APPOINTED AND NO LONGER THE PLANNING COMMISSION.

SO BEFORE PLANNING COMMISSION HAD TO APPROVE ALL OF THIS.

NO, THEY DON'T, SITE PLANS HAD TO BE APPROVED.

FINAL SITE PLANS WERE APPROVED.

UM, OUR PLANNING COMMISSION, AND NOW IT'S IT'S STAFF ALL ADMINISTRATIVE.

UM, I HAD A QUESTION ON THAT THOUGH.

YEAH.

CAN THE, CAN THE PLANNING COMMISSION BE A DESIGNATED AGENT? I THINK THE WHOLE POINT WAS NO.

THAT THEY WOULD, THAT THAT WAS THE POINT WAS TO REMOVE LIKE PLANNING COMMISSION AND TOWN COUNCIL OUT OF THE PROCESS.

BECAUSE WHAT, WHAT POLICE ARE, I DON'T KNOW THE LEGISLATIVE HISTORY, BUT I THINK THAT'S THE ONLY CONCLUSION YOU CAN REACH.

IT WAS INTENDED TO REMOVE AN EXTRA APPROVAL LAYER TO SPEED THINGS UP.

IT'S SET IT UP.

BUT YOU ALSO HAD LOCALITIES THAT WERE DENYING PLANS THAT MET THE CODES JUST FOR WHATEVER PUBLIC INPUT PROBABLY.

YEAH.

YEAH.

YEAH.

I MEAN I GUESS IT'S, SO IT DEPENDS ON WHAT PERSPECTIVE YOU GONNA LOOK AT.

I MEAN, BECAUSE OF THE PLANNING COMMISSION AND THE TOWN COUNCIL GIVE THE, YOU KNOW, HAVE THE PUBLIC INPUT PIECE THAT, SO IF THERE'S A, THIS, I MEAN, DEFINITELY I SAW THAT PATTERN GO THROUGH THERE A LOT THAT IT WAS GONNA GO TO THE DESIGNATED AGENT.

AND MY THOUGHT WAS THAT'S A LOT FOR ONE PERSON.

I MEAN, IT'S GONNA BE ALSO A, UM, MAKES ONE PERSON THE TARGET VERSUS SAY, I MEAN LIKE, YOU'RE NOT ALREADY BUT , BUT YOU KNOW, I MEAN RATHER THAN, UH, CONSIDERING THE, THE PUBLIC.

SO WERE ALL THE COMMENTS AND THINGS LIKE THAT, THAT ARE PART OF OUR PACKET, LIKE THE COMMENTS THERE ON THE SIDE, WHO WERE, WHO DID MAKE THOSE COMMENTS? SO THAT WAS A COMBINATION OF MYSELF, UH, WILL T MICHAEL, STAPLE AND ARBY.

SO THOSE WERE OUR CONSULTANTS.

AND WHAT WE DID IS WE BASICALLY CREATED A GOOGLE DOC OF OUR ORDINANCE MM-HMM .

AND THEN I COULD FLAG AREAS THAT I'M LIKE, HEY, THIS HAS BEEN AN ISSUE WITH, UH, DEVELOPERS, OR THIS DOESN'T QUITE SEEM LIKE IT COMPLIES OR, YOU KNOW, WHATEVER ISSUE WE'RE HAVING, LIKE WITH STEEP SLOPES, WE GET TO THAT.

UM, WE HAD WORDING IN THERE THAT SAID, UM, YOU COULD MITIGATE USING, UM, UM, INNOVATIVE TECHNIQUES.

WELL, WHAT JOHN THINKS IS INNOVATIVE, I MAY NOT THINK IS INNOVATIVE.

RIGHT.

RIGHT.

SO THERE'S SO TRY TO CLEAN THINGS UP.

THERE'S SUBJECTIVITY, RIGHT? YEAH.

THERE WAS A LITTLE BIT OF SUBJECTIVITY IN SOME OF THOSE COMMENTS.

WELL, SO THOSE COMMENTS WERE JUST TO GIVE YOU GUYS JUST, IT WAS MOSTLY PLANNING COMMISSION THE WHY BEHIND, LIKE WHY WERE WE MAKING THESE CHANGES? WHERE DID THE INFORMATION COME FROM? UM, HOW DID WE GET FROM HERE TO HERE? THAT WAS JUST THE BACKGROUND INFORMATION.

THERE'S SOME PLACES WHERE IT WAS NOT KIND , THERE WAS A RUDE COMMENT KIND.

THAT'S WHY I WAS LIKE, WHO, WHO WROTE THESE COMMENTS? AND DID THEY KNOW THEY WOULD? SO THEY WERE, THEY WERE COLOR CODED BASED ON WHO WROTE THEM.

WROTE THEM.

OKAY.

YEAH.

BUT IT ALLOWED US TO ALL TRACK AND CHANGE THE DOCUMENT AT ONE TIME.

SO THEN ONE OF THE OTHER, UH, THINGS THAT CAME OUT OF THIS IS WE NOW HAVE A FLOW CHART PROCESS THAT WE CAN GIVE TO THE PUBLIC AND CLIENTS.

UM, BASICALLY OUR START TO FINISH WITH AN ESTIMATED TIMEFRAME BASED ON HOW THE, UM, THE ORDINANCE IS STRUCTURED.

AND ARE THOSE, ARE THOSE TIMES, UM, PART OF THE CODE? LIKE THEY'RE NOT CODIFIED.

THESE ARE JUST, UM, THE RECOGNITIONS.

OKAY.

I WAS JUST CURIOUS IF WE WERE HELD TO THAT.

LIKE THESE ARE LIKE YOUR, THESE ARE YOUR MINIMUMS BASICALLY.

SO A LOT OF THESE ARE ALSO DEPENDENT ON THE ENGINEER, THE APPLICANT, WHETHER OR NOT THEY COMMENTS BACK TO US IN A TIMELY MANNER.

OKAY.

OKAY.

OKAY.

I JUST WAS CURIOUS HOW THE SET IN STONE THEY WERE, YEAH.

IF YOUR ENGINEER IS DOING WHAT THEY SHOULD BE DOING AND THEY'RE GETTING EVERYTHING BACK IN, IN A TIMELY MANNER, THESE ARE ALL REVIEWED.

AND THE, THE VARIANCE PIECE WAS DEFINITELY, THAT WAS THE ONE THAT REALLY CAUGHT ME.

THE VARIANCE PIECE IS DEFINITELY NOT SOMETHING THAT WOULD GO TO PLANNING COMMISSION OR POSSIBLY COUNSEL ANYMORE.

NO.

SO IT'LL STILL COME TO YOU.

THE ISSUE, LET ME TRY TO ADD A LITTLE CLARITY.

SO THIS IS THE SUBDIVISION ORDINANCE, RIGHT? THERE'S NOTHING IN THE SUBDIVISION ORDINANCE REQUIRING PUBLIC HEARING.

OKAY.

THAT'S THE ZONING ORDINANCE.

SO, BUT WE DID HAVE 'EM, WE REMOVED THEM.

RIGHT.

SO THEY'VE COME TO YOU IN THE PAST BECAUSE PUBLIC HEARINGS I'M TALKING ABOUT.

YEAH, NO, WE DID HAVE IT IN THE OLD LANGUAGE.

IT'S IN HERE AND THEN WE REMOVED IT.

REMEMBER WE'RE WITH SPECIALIST EXCEPTIONS.

REMEMBER HOW IT SAID THEY HAVE TO HOLD A PUBLIC HEARING AND THAT DIDN'T ALIGN STATE

[00:25:01]

CODE.

OKAY.

WELL, OKAY.

SO LET ME CHIME IN ON THAT PART.

I THINK THAT WAS JUST A FLAT OUT ERROR IN THE ZONING ORDINANCE.

WELL, SUBDIVISION ORDINANCE ACCUSING ZONING LAW WITH SUBDIVISION LAW, THERE IS NO SUCH THING AS A SPECIAL EXCEPTION WITH RESPECT TO SUBDIVISION.

IT'S AN EXCEPTION OR A VARIANCE, BUT NOT TO BE CONFUSED WITH THOSE TERMS. IN, IN ZONING LAW, IT'S COMPLETELY DIFFERENT.

COMPLETELY DIFFERENT.

IT SHOULD, IN MY VIEW, NEVER HAVE BEEN DESCRIBED AS A SPECIAL EXCEPTION.

IT'S AN EXCEPTION OR VARIANCE FROM LIKE WE'VE HAD.

UM, IN THE PAST, YOU'VE HAD SPECIAL EXCEPTIONS FROM THE PARKING STANDARDS LISTED IN 1 48, 8 70.

RIGHT.

SO YOU AS COUNSEL HAVE DETERMINED THAT NO, THIS APPLICANT DOESN'T NEED TO ABIDE BY THE RULES IN THAT SECTION.

YOU GAVE THEM A SPECIAL EXCEPTION FROM THE RULES.

YOU WERE THE RELIEF BELT IN THE REQUIREMENTS OR IN THE LANGUAGE FOR THAT.

IT'S 1 48, 2 11.

IT OUTLINED THAT IT HAD TO BE SPECIAL EXCEPTIONS GO TO TOWN OR PLANNING COMMISSION, THEN TOWN COUNCIL BY PUBLIC HEARING, YOU DON'T NEED A PUBLIC HEARING THAT DOESN'T ALIGN WITH STATE CODE.

SO THE RELIEF MECHANISM HASN'T BEEN TAKEN OUT.

WE'VE RENAMED IT ALTERED AN ADMINISTRATIVE VARIANCE BY TOWN COUNCIL.

SO IT STILL COMES TO YOU.

IT'S JUST NOT ADVERTISED AS A PUBLIC HEARING, WHICH IS UNNECESSARY AND NOT ALIGNED WITH STATE CODE.

SO YOU STILL ARE IN PLAY.

BUT THE THING WITH SUBDIVISION ORDINANCE, WHERE IT DIFFERS FROM ZONING IS THIS IS HOW THAT PARCEL IS BEING DEVELOPED AND BUILT AND MAKING SURE LIKE THE SIDEWALK IS THERE, YOU KNOW, THE RIGHT OF WAY IS, IS SUFFICIENT, RIGHT? ZONING IS THE USE.

HOW IS THE PROPERTY BEING USED? IS IT USED AS RESIDENTIAL, COMMERCIAL, INDUSTRIAL? THIS IS HOW THE PHYSICAL PROPERTY IS BUILT.

INFRASTRUCTURE, BUT INFRASTRUCTURE.

AND THEN HOW IS THE LAND SPLIT UP ALSO? SO THAT WAS THIS THING HERE.

SO, UM, ADMINISTRATIVE WAIVER, THIS WAS A HUGE THING FOR STAFF.

SO IN 1 48 TO 10, THERE WERE OUT, THERE WERE PROVISIONS THAT ALLOWED STAFF AND DEVELOPERS TO ESSENTIALLY BYPASS SITE PLAN AND SITE DESIGN REQUIREMENTS.

IF THEY HAD EIGHT OR FEWER DWELLING UNITS, UM, AT THAT POINT, AND THEY WEREN'T NECESSARILY GETTING STORM WATER PLANS DONE, IT JUST, IT CREATED A LEGAL LOOPHOLE ESSENTIALLY.

THAT IS ONE NOW UNNECESSARY BECAUSE OF THE, THE CHANGES TO STATE CODE.

RIGHT? SO IT'S NO LONGER MORE THAN EIGHT GOING TO PLANNING COMMISSION OR TOWN COUNCIL ANYWAY.

IT'S LIKE THEY'RE ALL ADMINISTRATIVE, BUT WE FOUND NO BASIS FOR IT.

AND OTHER JURISDICTIONS ARE WITHIN STATE CODE.

THE ONLY THING WE FOUND WAS THAT THERE WERE WAIVERS FOR TWO.

SO WE HAVE CHANGED IT FROM EIGHT TO TWO.

SO NOW IF THE DEVELOPER OR BUILDER WANTS TO COME IN AND THEY WANT TO SUBDIVIDE A LOT INTO TWO LOTS, I CAN JUST APPROVE THAT ADMINISTRATIVELY, THEY DON'T NEED TO DO ANYTHING OTHER THAN DO THEIR HOUSE LOCATIONS AND THEN THEY CAN GO TO COUNTY AND PULL THEIR BUILDING PERMITS, PULL OUR ZONING, THEY'RE GOOD TO GO.

UM, IT WAS REALLY TO JUST GET RID OF ABUSE THE SYSTEM.

UM, WHAT DO YOU MEAN BY ABUSE? THE, THE, WHAT DO YOU MEAN? BECAUSE AS IN WHEN THEY COME IN AND LIKE THEY WANNA BUILD TOWNHOUSES, RIGHT? THE STATE CODE CHANGED IN 2014 THAT, THAT SHOULD HAVE TRIGGERED REQUIREMENTS FOR, UM, LIKE DOING STORM WATER CALCULATION AND, AND FIGURING OUT WHERE IS THE WATER ON THE SITE, WHERE IS THE DRAINAGE GOING WITH THIS? THERE WAS, THERE WERE THREE PROVISIONS OF THAT CODE THAT IF THE BUILDER STATED THAT THEY MET THESE CRITERIA, BUT THEY DIDN'T HAVE TO DO ANY OF THAT.

MM-HMM .

THAT'S NOT SOMETHING I CAN REGULATE.

SO HOW CAN I GIVE THEM A WAIVER FOR SOMETHING THAT IS NOT UNDER OUR CONTROL? RIGHT.

SO WE DON'T REGULATE S STORM WATER HERE, BUT YET I'M WAIVING THOSE REQUIREMENTS.

SO IT WILL, IT WILL MAKE SURE THAT THE STORM WATER THEY HAVE TO IN THE COUNTY.

OKAY.

SO ONCE THEY DISTURB OVER 10,000 SQUARE FEET, THEY HAVE TO GO.

THEY'RE TALKING.

OKAY.

SO, SO IT'S NOT GONNA NO LONGER BE, UH, MANAGED OR WATCHED, OH, IT'S MONITOR MANAGED.

IT'S JUST, JUST NOT BY US, BUT IT'S A LOT LESS LIKELY

[00:30:01]

THAT THEY'RE GOING TO DISTURB MORE THAN 10,000 SQUARE FEET AND BE ABLE TO KIND OF GET AWAY WITH IT LIKE TWO BLOCKS.

AND SO WHEN THEY'RE SAYING THAT THEY'RE GONNA BUILD EIGHT TOWNHOUSES, THAT THEY'RE ONLY GONNA DISTURB 9,996 SQUARE FEET, WHICH WE'VE GOTTEN BEFORE, AND I'M CALCULATING OUT THE AREA OF THESE TOWNHOUSES.

AND THAT'S RIGHT AT LIKE, THEY'RE NOT GIVING THEMSELVES ANY LEEWAY FOR PARKING AREAS OR DRIVEWAYS AND OKAY.

IT DOESN'T WORK.

MATH DOESN'T WORK.

OKAY.

BUT THIS REMEDIES, THOSE ISSUES, UM, STREETS, ROADWAYS.

SO BASICALLY WITH THESE, UM, BECAUSE THE ORDINANCE HADN'T BEEN UPDATED IN SO LONG, STAFF HAS JUST BEEN SAYING, HEY, LET'S JUST DEFAULT TO MEET OUT STANDARDS.

SO, UM, WE JUST ADJUSTED EVERYTHING TO MATCH THEM.

SO ALLEYWAYS AT THE MOMENT, 20 FEET AND WITH THAT WAS ONE OF THE MAIN, SO IF VDOT CHANGES THEIR STANDARDS WERE OKAY BECAUSE WE JUST LEFT IT AS VDOT.

OKAY.

THAT THAT, THAT MAKES SENSE.

YEAH.

AND THE UPDATE THERE IS A LOT MORE OFTEN.

SURE.

YEAH.

1 8, 1 48, 8 40.

SO THESE ARE ALL YOUR, YOUR SITE DESIGN, UM, SECTIONS.

SO THIS IS THAT, THIS KIND OF GOES BACK TO THAT CHANGE IN 2014.

SO DEPARTMENT OF CONSERVATION RECREATION BECAME D-E-Q-D-E-Q IS THE CURRENT ONE.

SO THAT WAS JUST CORRECTING TO THE PROPER STATE AGENCY.

UM, AND AGAIN, THE FEES, THESE KIND OF GO BACK TO THAT, UM, UH, SECTION ABOUT THE STORM WATER.

AND WE'RE STILL LOOKING, I MEAN, I GUESS YOU, FOR SOME THINGS YOU WERE LOOKING AT TOPOGRAPHY AND SOME THINGS, YOU WERE LOOKING AT OTHER THINGS, BUT IT SEEMED LIKE HEAVY ON LIKE WIN ALL THOSE WINCHESTER, HARRISONBURG LOOKING AT LOUD AND LOOKING AT FAIRFAX, ALL THOSE SEEMS SO DIFFERENT FROM IN MY MIND TO BE BASING CASE STUDY ON A, BUT IT'S NOT THAT WE'RE, THIS DOESN'T MAKE IT LOOK LIKE THOSE JURISDICTIONS, IT DOESN'T BRING THOSE USES HERE.

TYPICALLY WHAT I LOOK AT THOSE JURISDICTIONS, BECAUSE THEY KEEP THEIRS UP TO DATE, THEY HAVE STAFF OF HUNDREDS OF PLANNING AND ZONING STAFF AND THEY STORM WATER ENGINEERS THAT KEEP THIS CURRENT.

OKAY.

UM, TO THEM SAYING REFERENCE WHAT YOU'RE, SO THE PEOPLE YOU CHOSE, IT ISN'T BECAUSE WE HAVE SIMILAR, WE HAVE A SIMILAR MAKEUP IN OUR TOWN.

IT'S BECAUSE THEY HAD THE MOST CURRENT RESEARCH AVAILABLE.

RIGHT.

OKAY.

AND THEN SOME OF THEM, LIKE WHEN WE GET INTO THE STEEP SLOPES, WE LOOKED AT PLACES THAT ARE MOUNTAINOUS BECAUSE WE DON'T HAVE SANDY SOILS HERE TYPICALLY.

MM-HMM .

UM, I LOOKED AT PLACES THAT HAD SIMILAR TOPOGRAPHY AND DEAL WITH CARS TOPOGRAPHY LIKE WE DO.

SO WE HAVE SOLUBLE LIMESTONE, BEDROCK.

THOSE ARE THE COMMUNITIES I WANNA LOOK AT TO SEE, OKAY, HOW ARE YOU MANAGING THIS? WHAT'S APPROPRIATE? DOES IT FIT? UM, AND THEN ENVIRONMENTAL IMPROVEMENTS.

YEP.

THIS IS JUST THAT, UM, REPLACING THAT INNOVATIVE LANGUAGE.

AND THIS, THE WHOLE POINT OF THIS SECTION WAS TO JUST REDUCE THE AMBIGUITY SO THAT ONE STAFF MEMBER NOW AND THEN SOMEONE FIVE YEARS FROM NOW DOESN'T INTERPRET SOMETHING COMPLETELY DIFFERENT.

UM, NATURAL FEATURES, AGAIN, THIS IS THE, THE SAME THING.

SO, UM, THIS WAS JUST ALIGNMENT WITH, UM, DO YOU HAVE JUST GENERAL QUESTIONS ABOUT THE ORDINANCE OR CHANGES? YOU WANT ME TO GO BACK TO ANYTHING? WELL, I HAD A CURIOSITY QUESTION ON THE, UM, YOU HAD A DEFINITION OF A REMNANT PARCEL.

I WAS JUST CURIOUS ABOUT THE OWNERSHIP OF THAT.

LIKE DO WE OWN SOME OF THOSE REMNANT PARCELS OR WHERE, WHERE DOES THAT OWNERSHIP GO? SOMETIMES WE DON'T KNOW WHO OWNS IT SOMETIMES WHAT DO YOU DO WITH IT? AND THEN HOW DO YOU, SOMEBODY HIRES AN ATTORNEY.

OH, WE GET A SURVEYOR INVOLVED.

AND THEN TYPICALLY THE PROPERTY OWNERS THAT ARE POTENTIALLY INVOLVED IN THE DISPUTE WOULD HIRE AN ATTORNEY.

INTERESTING.

A JUDGE COULD DECIDE.

WAS THAT THE CASE ON BROXTON ROAD? THAT ONE SLIVER OF LAND? NO ONE IS DEEDED THOUGH.

IT'S SO, UM, UH, I THINK IT WAS ON, IT MIGHT HAVE BEEN ON CHURCH STREET.

UM, WHEN YOU SURVEY IT FROM THE NORTH END AND THEN YOU SURVEY IT FROM THE SOUTH END, THE LOTS DON'T LINE UP.

THERE'S OVERLAP DEPENDING ON WHICH WAY YOU SURVEY IT.

SO, UM, THERE'S A BIT OF A TITLE ISSUE THERE, AND THERE WAS SOMEBODY THAT WANTED TO PLACE A GARAGE IN THEIR BACKYARD AND THEN IT WAS, UH, OH, WE DON'T KNOW IF THE NEIGHBOR OWNS

[00:35:01]

THIS.

WE DON'T KNOW IF THE TOWN OWNS THIS.

UM, BUT THERE WAS ABOUT FOOT AND A HALF OF OVERLAP THAT WE COULDN'T FIGURE OUT ALONG TO HER, WHICH THEY DIDN'T HAVE THINGS LIKE EARTH AND STUFF LIKE THAT WHEN THEY WERE NO, IT WAS PLOTTED IN THE LIKE MID 18 HUNDREDS.

YEAH.

SO THAT'S, THAT'S WHAT I WAS THINKING.

LIKE I I THINK IT'S PROBABLY, THAT'S PROBABLY UNDERSTANDABLE TO SAY THAT THINGS GOT MISSED.

WE A LOT OF WEIRD THINGS AND SOME OF THE DEEDS.

SO WHEN, I MEAN, WHEN YOU THINK ABOUT MOST OF THE TOWN GOT SUBDIVIDED, UM, WAY BACK WHEN, AND A LOT OF PARCELS YOU LOOK AT ARE MADE UP OF LOTS THAT ARE, YOU KNOW, 25 FOOT BY 50 FOOT LITTLE MATCHSTICK LOTS, UM, THAT HAVE BEEN KIND OF RIVERTON IMPROVEMENT CORPORATION.

ISN'T THAT WHAT A LOT OF THE YES.

SEEMS LIKE THAT'S WHAT WAS ON OUR, MY PARENTS' FEE.

BUT I MEAN, THE WHOLE POINT OF THIS WAS JUST TO TRY TO BRING IT INTO COMPLIANCE WITH STATE CODE.

YEAH.

IT WAS JUST A BIG CHANGE TO ME TO SEE IF THE PLANNING COMMISSION AND TOWN COUNCIL BACKED OUT.

SO I GOT NERVOUS ABOUT THAT, YOU KNOW, PIECE.

SO, BUT YOU'RE STILL INVOLVED WITH THE USES.

HOW IS IT GONNA BE USED? YOU'RE JUST DEFERRING TO STAFF AS TO HOW IT'S DEALT AND YOU ALL WILL HAVE TO USE THIS AS YOUR GUIDE? YEAH.

OR, OR THE OTHER STANDARDS AND STUFF TO MAKE THOSE DECISIONS.

LIKE IN THE ZONING ORDINANCE, IT CLEARLY SAYS WE'RE GUILTY OF THE MISDEMEANOR IF WE KNOWINGLY VIOLATED.

I MEAN WE'RE, WE'RE FOLLOWING THIS.

YEAH.

YEAH.

UM, YEAH, WHEN YOU SAY USE THOUGH, LIKE THE TOWN, LIKE IF SOMEBODY COMES IN AND THEY SAY, I'M GONNA BUILD TOWNHOUSES ON THIS PROPERTY, THEN THEY CHANGE IT TO, YOU KNOWS ONE SINGLE BIG MANSION.

THEY CAN, THEY JUST HAVE TO GET A ZONING PERMIT AND THAT USE HAS TO BE PERMITTED ON THAT SITE.

SO IF SOMEBODY HAS R THREE ZONING AND THEY COME IN AND THEY SAY, I WANNA BUILD FIVE POUND HOUSES, AND THEN THEY GET THEIR PERMITS AND THEN THEY CHANGE THEIR MIND, SAY, NO, I JUST WANNA BUILD ONE HOUSE.

THEY CAN, AS LONG AS THEY'RE WITHIN THE BUILDING ENVELOPE AND THEY GET A PERMIT FOR IT, THEY CAN CHANGE THEIR MIND.

YOU CAN'T DO IT THE OTHER WAY THOUGH.

IT'S JUST, IT'S ALL AS TO WHAT'S PERMITTED ON THAT SITE.

AND THEN DO THEY FIT THE BUILDING ENVELOPE? AND THAT'S HOW WE END UP WITH STUFF IS WHEN THEY WANT TO DO SOMETHING THAT'S OUTSIDE OF, AND IT'S AN R ONE AND THEY WANNA DO SOMETHING DIFFERENTLY, SO THEY WANNA INCREASE THE DENSITY, THAT'S WHEN YOU TYPICALLY GET YOUR REZONINGS.

MM-HMM .

THEY WANT TO GO FROM THE LOW DENSITY TO THE HIGH MM-HMM .

SO THIS WILL HAVE TO BE A PUBLIC HEARING.

CORRECT.

AND IT'S TOO LATE FOR IT TO BE A PUBLIC, UH, 22ND OF JUNE.

IT'S JUNE.

OKAY.

'CAUSE TODAY'S THE FIRST 21 DAYS.

OH, OKAY.

OKAY.

ALL RIGHT.

I WANNA, SO THAT BEFORE WE SAY YES, HOW MANY PUBLIC HEARINGS ARE WE ALREADY SCHEDULED FOR ON THE 22ND? I ALREADY KNOW ONE.

SO WE HAVE DATA CENTER , WE HAVE, UH, LOW LANE, THE SALE OF LOW LANE.

OKAY.

WHICH WOULD, YEAH.

AND POTENTIALLY THIS IS THAT ALL WE'RE THINKING SO FAR? I KNOW WE HAVE, WE'LL HAVE TO LOOK AT NEXT WEEK'S WORK SESSION.

NO, I, I I DON'T, WE DON'T, WE DON'T HAVE ANYTHING ELSE.

OKAY.

GOOD.

UH, THERE'S NOTHING ELSE TONIGHT AND THERE'S NOTHING ELSE THAT WOULD OKAY.

THAT YOU WOULD, WE WOULD BE ABLE TO ADVERTISE AFTER TODAY FOR PUBLIC THAT, THAT'S WHAT I WAS TRYING TO GET AT.

'CAUSE I DON'T, I DON'T WANT SHOWED UP.

WE'RE NOT GONNA HAVE AN EIGHT HOUR MEETING IN ON JUNE 22ND.

AND I THINK THERE'LL BE A LOT FOR THE OTHERS.

I JUST DON'T WANT, YOU KNOW HOW WE'VE DONE FIVE OR SEVEN PUBLIC HEARINGS BEFORE.

PROBABLY NOT A GOOD IDEA FOR JUNE 22ND.

SO WE DON'T, OKAY.

NOW THIS ONE MIGHT EVEN DRAW SOME PEOPLE IN TOO.

THAT'S WHY I WAS LIKE, UM, BUT SOONER RATHER THAN LATER, I GUESS THE PLANNING COMMISSION, WHICH SURPRISED ME, I'M SORRY.

NOBODY SHOWED UP FOR THE PLANNING COMMISSION.

YEAH.

BUT UNFORTUNATELY WHAT HAPPENS THAT I'VE SEEN IN MY TIME IS THAT PEOPLE DON'T REALLY EVEN KNOW WHAT'S HAPPENING UNTIL IT GETS REPORTED.

AND THEN ONCE IT'S REPORTED IN THE NEWSPAPER, THEN PEOPLE ARE LIKE, OH, I NEED TO COME TO THIS PUBLIC HEARING.

I MEAN, NOT TO SAY THAT THEY DON'T COME TO PLANNING COMMISSION, BUT THOSE ARE USUALLY WHEN THERE'S LETTERS THAT HAVE GONE OUT THAT'S JUST PAYING INTENTION.

YEAH.

IT'S WHEN IT YEAH, THAT'S WHEN IT STARTS.

SO, UM, BUT WE'LL, WE WILL, YEAH, WE'LL TALK ABOUT WHAT ORDER OF THEM, WHAT ORDER OF THE PUBLIC HEARINGS WHEN WE, YOU AND I'LL PICK, WELL, YOU AND I'LL DECIDE THAT WHEN WEEK BEFORE.

OKAY.

ALRIGHT.

SO THAT IS IT FOR YOU? YES IT IS.

SO THE NEXT ONE IS, OH, HEARING ON THE 22ND, UM, THERE WILL BE ONE PROPOSED CHANGE TO WHAT CAME OUT OF PLANNING COMMISSION.

AND IT'S AT THE VERY END, UH, LAST VERY, VERY, VERY PAGE 180 4 OF YOUR PACKET.

1 48 DASH A THOUSAND REGARDING FEES.

[00:40:01]

WAIT, HOLD ON, HOLD ON.

I'M ON PAGE 180 4.

MM-HMM .

OF IT.

ONE OF THE PACKET.

YEAH.

OH YEAH.

180 4 OF THE PACKET.

RIGHT.

SO IT'S SECTION 1 48 DASH 1000 FEES, PARAGRAPH C ADDRESSES FOIA.

OKAY.

AND, AND, UH, IF COUNSEL RECALLS, UH, TINA, UH, DID A LOT OF WORK IN CLEANING UP FOIA FROM I THINK IT WAS CHAPTER FOUR, FOUR, CHAPTER FOUR OF THE CODE MM-HMM .

UM, SO THAT THERE WOULDN'T BE DISCREPANCIES IN VARIOUS PLACES.

CORRECT.

AND WE, WE, I I'LL TAKE RESPONSIBILITY AND CATCH THIS.

OKAY.

AND SO THIS SHOULD JUST COME OUT SO THAT, SO WHAT YOU'RE SAYING IS C WILL BE GONE RIGHT.

WHEN WE HAVE THE PUBLIC HEARING.

RIGHT.

OKAY.

AND THE TOWN'S FOIA POLICY IS ALSO ON THE WEBSITE PER FOIA REQUIREMENTS.

RIGHT.

WHICH PEOPLE CAN STILL FOIA THIS INFORMATION.

IT'S YES, OF COURSE.

WE'VE GOT A GENERIC FOIA POLICY, NOT BY EACH ORDINANCE, WHICH IS CORRECT.

WE JUST DON'T WANT LANGUAGE IN CONFLICT.

RIGHT.

I GOTCHA.

OKAY.

ALRIGHT.

THANK YOU.

ALL RIGHT.

AND SO THE NEXT ITEM IS APPOINTMENT OF A NON-ELECTED REPRESENTATIVE TO THE NOR AND VALLEY REGIONAL COMMISSION.

UM, AND IN THE PAST OR THE PAST, UH, WAS, UH, A DIRECTOR OF PLANNING.

LAUREN KAKI WAS WHO WAS OUR REP OR WAS THE REPRESENTATIVE.

AND HER TERM IS GONNA END JUNE 30TH THIS YEAR, AND SHE IS, UH, WOULD LIKE TO BE CONSIDERED FOR REAPPOINTMENT.

UM, SO, AND THERE THREE YEAR TERMS. SO, UH, DOES COUNSEL HAVE ANY THOUGHTS ON THAT? ANY QUESTIONS CONCERNS? LAUREN, YOU WANNA DO THIS AGAIN? YOU SURE? SHE SURE.

.

OKAY.

SHE SAID SO MAYBE THEY TWISTED HER ARM, BUT, OH, SORRY.

ALL RIGHT.

SO THAT COULD ALSO BE ON THE CONSENT.

PERFECT.

UM, YEAH, I, THAT'S IT FOLKS.

THAT WAS FAST.

I DON'T THINK THAT'S MY RECORD, BUT IT'S CLOSED ONE TIME WE HAD A MEETING, IT WAS LIKE SEVEN MINUTES OR LESS.

WE STILL GOT CLOSED.

YEAH, I KNOW.

BUT HEY, THIS IS GOOD FOR THIS.

WE ARE GONNA TAKE A QUICK BATHROOM BREAK THOUGH.

BUT BEFORE WE DO, SOMEBODY'S GONNA READ US INTO CLOSED.

I MOVE TO TOWN COUNCIL FOR BEING A CLOSED SESSION.

A CLOSED MEETING PURSUANT TO SECTION 2.2 DASH 3 7 1 AND 0.2 DASH 3 7 2 FOR THE FOLLOWING PURPOSE.

ONE PURSUANT TO 2.2 DASH 3 7 1 1 A, ONE OF THE CODE OF VIRGINIA FOR THE DISCUSSION, CONSIDERATION, OR INTERVIEWS OF PROSPECTIVE CANDIDATES FOR EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, PERFORMANCE, EMOTION, SALARIES, DISCIPLINING, OR RESIGNATION OF SPECIFIC PUBLIC OFFICERS, APPOINTEES OR EMPLOYEES OF ANY PUBLIC BODY.

MORE SPECIFICALLY, THE CLERK OF COUNCIL.

SECOND.

OKAY.

ROLL CALL.

COUNCIL PAGE.

YES.

COUNCILMAN INGRAM? YES.

COUNCILMAN WOOD? YES.

VICE MAYOR AL? YES.