* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OKAY, [00:00:01] I'M GONNA CALL THE TOWN COUNCIL [Town Council Work Session on September 8, 2026.] WORK SESSION FOR TUESDAY, SEPTEMBER 8TH ORDER. AND THEN WE'RE GONNA START OFF WITH A ROLL CALL. MAYOR RA HERE. VICE MAYOR FEL. HERE. COUNCILMAN MEDINA. MEN PAYNE? HERE. COUNCILMAN RAPPAPORT? HERE. COUNCILMAN ? HERE. COUNCILMAN WOOD IN ABSENT. COUNCILMAN INGRAM HERE REMOTELY? I AM HERE ON, UH, THIS IS MY SCHEDULED VACATION FOR THIS YEAR. UH, BUT I'M IN MORRIS MORRISVILLE MORRISVILLE, NORTH CAROLINA. OKAY. AND AS YOU ALL KNOW, UM, COUNCIL MEMBERS, WHEN, UH, WHEN A MEMBER OF COUNCIL IS PARTICIPATING REMOTELY, WE JUST ALL HAVE TO GIVE, UM, UH, APPROVAL THAT, THAT'S ACCEPTABLE TO YOU ALL. DOES ANYBODY HAVE ANY OBJECTIONS TO COUNCILMAN INGRAM PARTICIPATING REMOTELY? MM-HMM. OKAY. ALRIGHT. SO, UH, NEXT UP, I BELIEVE COUNCILMAN INDEED DO DEAN HAVE A MOTION? MADAM MAYOR, I MOVE THAT COUNSEL, ADD THE DEED OF STORM DRAINAGE EASEMENT TO TONIGHT'S AGENDA AS ITEM FOUR L AND ADD DOLLARS FOR DOLLY BAY PROCLAMATION AS ITEM FOUR M AND DELETE ITEM THREE A, PRESENTATIONS FOR FLOCK SAFETY. LPR SECOND DANIEL'S. MOTION SECOND. OKAY. MUST BE UNANIMOUS. YEP. I KNOW. I JUST WANNA ADD FOR COMMENT FOR THE PUBLIC, THE REASON THAT THE FLOCK SAFETY LPR PRESENTATION HERE ON THE AGENDA IS THAT IS GOING TO BE ON THE FUTURE AGENDA. CORRECT. OKAY. UH, ROLL CALL. COUNCILMAN RAPPAPORT? YES. COUNCILMAN MINISTER HAYNES? YES. COUNCILMAN INGRAM? YES. COUNCILMAN LIZ JOHNSON. COUNCILMAN ? YES. VICE MAYOR VICE HALL? YES. OKAY. SO SINCE ITEM NUMBER THREE A HAS BEEN DELETED, WE'RE GONNA MOVE ON TO ITEM FOUR, WHICH IS OUR NEW BUSINESS. SO THE FIRST ITEM IS IN, UH, MOU, BETWEEN THE TOWN OF FRONT ROYAL AND THE AMERICAN LEGION FOR THE MILITARY TRIBUTE BANNER PROGRAM. UM, MR. UM, GIVE SOME, SOME, YEAH. TWO A THE ACTION ITEM. I'M SO SORRY. I'M SO SORRY. . YES. TWO A I GOT AHEAD OF MYSELF. I WAS, UM, I KNEW IT WAS A LONG AGENDA TONIGHT AND I WAS ROLLING ON, SO ITEM TWO A. UM, SO IT'S A RESOLUTION TO CANCEL THE SEPTEMBER 14TH, 2026 REGULAR WORK SESSION. SO, AS YOU ALL KNOW, IN TOWN CODE, IT CALLS FOR, UM, A WORK SESSION ON THE FIRST MONDAY AND THE SECOND MONDAY, AND THEN A REGULAR COUNCIL MEETING ON THE FOURTH MONDAY. AND IT JUST SO HAPPENS THAT THIS PARTICULAR MONTH, WE DID NOT, UH, WE DID NOT FEEL LIKE WE HAD A LENGTHY, UM, ITEMS FOR NEXT, UH, MONDAY'S, UM, WORK SESSION. WE MAYBE COULD HAVE MOVED A COUPLE OF THESE ITEMS TO IT, BUT IT SEEMS SILLY TO, I, I'M, I'VE ALL, AS A TEACHER, WE USED TO ALWAYS SAY, LET'S JUST NOT MEET TO HAVE A MEETING . AND, UM, AND SO ALONG THOSE SAME LINES, IT DIDN'T SEEM LIKE IT WAS THE, UM, IT WAS THE BEST, UH, WAY TO MOVE FORWARD IS TO JUST BASICALLY HAVE A MEETING BECAUSE THE CODE SAYS WE'RE GONNA HAVE A MEETING. SO, UM, IF COUNSEL IS OKAY WITH IT, UM, WE JUST NEED SOMEBODY TO MAKE THE MOTION TO CANCEL. NEXT WEEK'S MEETING. MADAM MAYOR, I MOVE THE COUNCIL PER THE RESOLUTION CANCELING SEPTEMBER 14TH, 2026, REGULAR WORK SESSION THAT'S PRESENTED. SECOND. SECOND. OKAY. THERE'S A MOTION TO SECOND. ANY DISCUSSION? OKAY. I JUST WANNA ASK A QUESTION. MR. SONIC. I'VE BEEN PAYING ATTENTION TO SOME OTHER FOLKS, IN THEIR MEETINGS. AM I ALLOWED TO SAY ALL IN FAVOR SAY AYE. THOSE OPPOSED TO SAY NAY OR DO, DO YOU, DO YOU WANT IT? IS IT BEST TO, SOME THINGS ARE REQUIRE RECORDED VOTE. OKAY. SO I, OKAY. SO MAYBE IN THE FUTURE YOU CAN TELL ME WHICH ONES WE COULD, WE COULD DO DIFFERENTLY IF THAT'S ALRIGHT. RIGHT. OKAY. BUT THIS ONE'S GONNA BE A RECORDED VOTE. I'LL GET MYSELF IN TROUBLE IN DOING THIS. BUT ANYTHING OF SUBSTANCE? OKAY. RECORDED PROCEDURAL, YOU KNOW, ALL IN FAVOR? ALL OPPOSED? YEAH. VOICE VOTE. SEE, TO ME, I THINK THIS ONE COULD BE A NON SUBSTANCE. WE'RE JUST CANCELING A MEETING, BUT WHAT DO YOU THINK? WELL, AND I HAVE A QUESTION IF I'LL HAVE TO POP THE LOOK. ALRIGHT, WELL, WE'LL KEEP, WE'LL DO STATUS QUO TONIGHT AND MOVE FORWARD UNTIL YOU TELL US DIFFERENTLY. GO AHEAD. IN THE MINUTES OF THE MEETING, IT WOULD STILL HAVE RECORDED WHO THE EYES AND NAYS WERE, RIGHT? YEAH, THAT'S I, SO IT WOULD STILL BE RECORDED JUST BEING THOUGHT CALL. UM, SO, SO SOMETIMES IT'S JUST, YEAH. YOU KNOW, ALL IN FAVOR? YEAH. SOMEBODY DOESN'T RESPOND AND YOU DON'T, BUT YOU. RIGHT. AH, AND THE CHAIR [00:05:01] MAKES THE CALL. RIGHT? YOU KNOW. OKAY. THE EYES HAVE IT. OKAY. ALRIGHT. UM, PEOPLE ARE LOUDER THAN THE OTHERS. WELL, AND IF EVER WE HAD AN A, WE COULD JUST THEN DO IT INDIVIDUAL TO, TO BE MORE IMPORTANT. BUT ANYWAY, AT THIS TIME, ROLL CALL. COUNCILMAN ? YES. COUNCILMAN MEDINA. MEDICAL PAIN? YES. COUNCILMAN INGRAM? YES. COUNCILMAN SILA? YES. VICE ? YES. OKAY. SO WE WILL NOT HAVE A WORK SESSION NEXT MONDAY NIGHT AND THE NEXT TIME THIS GROUP, UNLESS THERE IS A NEED FOR A SPECIAL MEETING CALLED BETWEEN NOW AND, UM, SEPTEMBER 28TH, I BELIEVE IT IS. CORRECT. ALL RIGHT. SO FOUR A IS THE MEMORY MEMORANDUM OF UNDERSTANDING, UH, BETWEEN THE TIME FRONT RON AND THE AMERICAN LEGION FOR THE MILITARY TRIBUTE BANNER PROGRAM. AND I BELIEVE MR. UM, PETTY, DO YOU WANNA JUST YEAH. ANNOUNCE THAT OR? YEAH. SO, UH, SINCE WE'VE KICKED OFF THE MILITARY TRIBUTE BANNER, OUR LAST VETERAN'S DAY, AS EVERYONE KNOWS, WE HAD GREAT INTEREST IN THAT PROGRAM SINCE WE'VE HAD COMMUNICATION WITH OUR LOCAL AMERICAN LEGION POST AND THEY'VE EXPRESSED INTEREST IN HELPING THE TOWN KIND OF MANAGE THAT. UH, THEY WOULD BE THE FACE OF THE PROGRAM ACCEPTING THE APPLICATIONS GOING THROUGH THAT PROCESS. THE TOWN'S INVOLVEMENT WOULD BE ESSENTIALLY TO INSTALL THEM AND MAINTAIN THEM. UH, AND INITIAL DISCUSSIONS, IT WOULD BE SIMILAR TO WHAT WE DID BEFORE A TWO YEAR ROTATION. WE'VE IDENTIFIED, CURRENTLY WE HAVE 75 POLES. UH, WITH OUR HELP FROM ENERGY SERVICES AT GIS, WE'VE IDENTIFIED ANOTHER 75 FOR EXPANSION. AND WE'RE ALSO EXPLORING THE OPPORTUNITIES TO MAKE THEM SLIGHTLY LARGER AS LONG AS THE POLES CAN WITHSTAND, UH, THAT WIND. SO IT DOES LOOK LIKE WE CAN MAKE THEM AND JUST REDESIGN THEM A LITTLE BIT TO MAKE THEM WORK. AS I SAID, SHOULD, WE STARTED OUT LAST YEAR, SO WE WERE JUST LEARNING AND, AND WE KNOW, UH, SOME OF THE THINGS THAT WE CAN EXPAND ON. SO THIS IS AN MOU, JUST FORMALIZING THAT AGREEMENT WITH THEM AND UNDERSTAND, YOU KNOW, UNDERSTAND THAT PROCESS OF WORKING WITH THEM AND OUR LEGAL DEPARTMENT, UH, THEIR ROLES AND RESPONSIBILITIES AND WHAT THAT DURATION WOULD BE. SO WE, WE'VE HAD GREAT CONVERSATIONS. I THINK IT WOULD BE A WONDERFUL PARTNERSHIP TO WORK WITH OUR LOCAL, UH, GROUPS TO, TO ORGANIZE THIS. AND WE THINK WE GET, UH, TREMENDOUS SUPPORT. AND I THINK IT WOULD SELL OUT QUICK. AGAIN, IT'S ONLY ANOTHER 75 AT THIS TIME AND WE WILL CONTINUE TO LOOK FOR EXPANSION WHERE WE CAN. UM, AND THE IDEA WOULD BE LIKE, SO I KNOW WHAT THE PROGRAM WAS LAST YEAR, LIKE ONCE, SO FOR THE FIRST 75 IT WOULD BE FOR TWO YEARS MM-HMM . AND SO I'M ASSUMING THAT THAT WOULD BE THE IDEA, WHICH IS KIND OF GOOD. 'CAUSE THEN IT STAGGERS CORRECT. AND OUR ENERGY SERVICES AREN'T TRYING TO INSTALL 150 AT A TIME. THEY'RE INSTALLING 75 AT THE TIME. CORRECT. AND WE HAVE A GAME PLAN OF HOW WE WOULD DO THAT TO KEEP IT LOOKING CONSISTENT, UM, AND MAKE IT ALSO SEAMLESS FOR US AS WE CHANGE THOSE OUT AS KIND OF A BREAK EVEN LIKE POINT. SO WE WOULD PROBABLY MOVE SOME OF THESE. AND, AND YOUR PACKET, YOU'LL SEE THERE'S A MAP OF THE EXISTING AND THEN THE EXPANSION. AND WE'RE STILL LOOKING FOR OTHER PUBLICS THAT WE COULD DO IS ON DIFFERENT PARKING LOTS, DIFFERENT STREETS. UH, JUST AS YOU MENTIONED, OUR ENERGY SERVICES TEAM WOULD BE HANDLING THIS. SO WANT TO BE COGNIZANT OF THE, THE TIME THAT THEY'D BE ALSO PUTTING IN AND ONGOING MAINTENANCE. CAN WE ADD 'EM TO COMMERCE AVENUE? SO AGAIN, ONE OF THE ROLES OF THE PROGRAM IS THAT THEY IDENTIFY, UH, HIGH FOOT TRAFFIC AREAS. THEY TALK ABOUT WALKING BY THEM, OBSERVING THEM. AND SO WE READ THE RULES. I DON'T WANNA SAY THE RULES, BUT THE GUIDANCE PROVIDED FROM THE MILITARY TRIBUTE. YOU KNOW, THERE'S ALSO A PURPOSE OF THEM. WE DON'T WANT THEM EFFECTIVELY BE BILLBOARDS EITHER. WE WANT PEOPLE TO ACTUALLY TAKE THEM IN. ABSOLUTELY. I THINK LONG TERM WE CAN EXPLORE THAT IDEA. BUT RIGHT NOW, LIKE I SAID, WE'RE STICKING WITH THE GREEN POLES AND THAT'S WHAT WE'VE IDENTIFIED ALL THESE ARE THE 12 FOOT GREEN POLES THAT ARE ON TWO LANE ROADS. THERE'S A FEW ON AS YOU COME IN ON 14TH STREET. UM, BUT WE ALSO LOOK AT THE ZA ROAD WALKING PATH. THESE ARE AREAS THAT PEOPLE CAN WALK AND OBSERVE THEM. I SAID BETWEEN DESIGN MAYBE MAKING IT A LITTLE LARGER, THEY'LL BE VISIBLE FROM THE STREET. BUT THE BIG PURPOSE OF IS THAT YOU CAN, YOU KNOW, TAKE IT IN AND UNDERSTAND, BE IN THAT MOMENT BECAUSE WE, WE, WE HAVE A LOT OF GREAT ROADS, BUT WE ALSO JUST WANT PEOPLE DRIVE BY ON FOUR LANE 35 MILES AN HOUR OR NOT. RIGHT. JUST SAY THE SPEED LIMIT. YEAH. SO ALL THESE ARE 25 MILE AN HOUR ROADS, TWO LANES EXCEPT FOR THAT SECTION ON 14TH [00:10:01] STREET. UM, IN AN AREA, YOU KNOW, BUT THEY'RE ALSO HIGH TRAFFIC AREAS, BOTH PEDESTRIAN AND VEHICLE. SO EAST MAIN, UH, THE POLES ARE INADEQUATE FOR EAST MAIN. I SEE, I SEE THAT, THAT THERE'S WEST MAIN, IT LOOKS LIKE WEST MAIN. SO WEST MAIN DOES THE EAST MAIN POLES ARE SMALLER. THOSE CONCRETE POLES YOU RECALL, THEY'RE WERE SOME SMALL BANNERS OUT THERE. MM-HMM . BUT BECAUSE THEY'RE SO LOW, THEY HAD TO BE PARALLEL WITH MAINE, SO YOU COULDN'T EVEN SEE 'EM PURE DRIVE BY. BUT IN ADDITION, IN THE WINTERTIME, WE HAVE WREATHS, WE HAVE THE PLANTERS, AND THEN LIGHTS ARE, IT JUST BECOMES TOO MUCH. UM, AND YOU KNOW, IT JUST, YOU KNOW, AGAIN, WE WANT TO ALSO RECOGNIZE THESE BANNERS AND, AND BE BY THEMSELVES. IF YOU PUT THEM ON IN A TOO BUSY OF AN AREA, THEY MIGHT GET UNNOTICED AS MUCH. SO, AND AGAIN, THE POLES ON EAST MAIN ARE NOT APPROPRIATE 'CAUSE OF THE CONCRETE AND THE SIZE. THAT'S THE SAME KIND OF POLES ON JUSTICE. RE DOES A HAVE TELEPHONE CALLS? I HAVE TWO QUESTIONS. THE FIRST ONE IS, UM, SO I KNOW THAT WHEN WE DID THIS IN THE FIRST PLACE, WE CAME UP WITH THIS, THE IDEA WAS THAT THE COST WOULD BE TO COVER THE BANNER MM-HMM . AND THE TOWN AND THE COUNTY TOGETHER COVERED THE COST OF THE BRACKET, WHATEVER. YEAH. AND THEN OF COURSE THE TOWN EMPLOYEES WERE GOING TO PUT IN THE MANPOWER TO, TO, WOULD THAT STILL, IS THAT STILL THE PLAN IS THAT OBVIOUSLY OUR PEOPLE WOULD INSTALL THEM. MM-HMM. BUT THE PLAN WOULD STILL BE THAT THE TOWN AND COUNTY WOULD, UM, TRY TO, THE WAY WE WOULD COVER THE COST OF THE INFRASTRUCTURE. SO WE'VE DISCUSSED THAT A LITTLE BIT. THAT'S AN ONGOING CONVERSATION. THE ALLEGIANCE THAT THEY MAY BE WILLING TO PARTNER TO HELP ALSO OFFSET SOME OF THOSE COSTS. BUT WE WOULD OBVIOUSLY LOOK TO, YOU KNOW, THE TOWN AND THE COUNTY AS WELL. WE, WE SUPPORT THIS PROGRAM AND THE BRACKETS, YOU KNOW, REMAIN OVER TIME. THEY'LL LAST YEAH. FOR YEARS AND YEARS. BUT, AND THE COST OF THE BANNER WOULD STILL BE AT COST. YEAH. THAT, THAT WOULD, AND I JUST, WHEN WE DID IT THE FIRST TIME, SOME PEOPLE WERE, YOU KNOW, YOU KNOW, SOME PEOPLE WERE LIKE, WOW, THAT SEEMS LIKE A LOT. BUT IT, BUT ACTUALLY IT WASN'T COMPARED TO OTHER PLACES. WHAT I'M TRYING TO SAY IS, THE GOAL OF THIS PROGRAM IS NOT AS A FUNDRAISER. MM-HMM . I JUST WANT THE CITIZENS TO KNOW THAT'S NOT THE PURPOSE OF THIS, OR IT WOULD NEVER TENDED TO BE THE PURPOSE. SO THE PLAN WOULD STILL BE THAT THE BANNERS WOULD BE AT COST AND WE WOULD FIGURE OUT A WAY TO PROVIDE THE INFRASTRUCTURE. UM, THE ONLY, THE ONLY IMPACT FOR CITIZENS WOULD BE OUR MANPOWER THAT ARE IN, THAT ARE INSTALLING THEM. RIGHT. WE DIDN'T, THAT'S NOT STIPULATED IN THE MOU THAT IF WE WANTED TO MAKE SURE THERE WAS A FINANCIAL COST, THAT WAS OUR GOAL. UM, IT CAN BE SEEN AS NONPROFITS THAT MANAGE THESE PROGRAMS. IT CAN BE SEEN AS AN OPPORTUNITY AS WELL TO SUPPORT THOSE ORGANIZATIONS THROUGH ADDITIONAL FUNDS. UM, BUT WE CAN TALK TO THEM ABOUT, MAKE SURE THAT'S INCORPORATED. MOU IF THAT'S THE DIRECTION OF COUNSEL, TO CONTINUE TO KEEP THE SET OF, YOU KNOW, REASONABLE COST FOR ALL THE APPLICANTS. WHAT, JUST PAY THE ONE, THE ONE THEY, THEY JUST BUY THE BANNER MM-HMM . AND THEN IN TWO YEARS WE, THE BANNER GOES TO THEM MM-HMM . BUT YEAH. THE, TO KEEP THE BANNER COST, THAT'S WHAT WE'RE DISCUSSING YEAH. TO KEEP YEAH. NOT A PROFIT MARGIN PER SE. MAYBE I CAN GIVE SOME TIME. . DOES, DOES ANYBODY ON COUNCIL FEEL THAT THAT IS SOMETHING WE SHOULD INCLUDE IN THE MOU OR WOULD I I, I, THAT WAS JUST MY QUESTION WAS BECAUSE I, YOU KNOW, I JUST FROM A GOVERNMENT STANDPOINT, THAT'S WHAT I WOULD LIKE TO SEE. BUT I, I FREQUENT THE LEGION WITH MY DAD AND I DO KNOW THAT THAT'S THEIR MISSION IS TO NOT, AND I'M A MEMBER OF ALLEGIANCE VETERANS MONEY, SO I, IT'S NOT THAT I DON'T TRUST THAT THEY WOULD BE TRYING TO MAKE MONEY OFF OF IT YEAH. AND IT WOULDN'T GO BACK. BUT, BUT YEAH. JUST TO, TO AT LEAST NONETHELESS FORMALIZE THAT, THAT'S OUR WISH AS, AS A COUNCIL IS TO JUST KEEP IT AT COST. YEAH. FOR THE RECOGNITION. AND, AND I SUSPECT THAT THERE WILL BE, THIS IS, I DON'T SUSPECT THAT I BETCHA, UM, THERE WILL BE PEOPLE THAT WILL WANT TO DONATE TOWARDS IT. AND WHAT I MEAN BY THAT IS, 'CAUSE I, I'VE HAD PEOPLE SAY THAT TO ME, WELL, IF I WOULD'VE KNOWN MM-HMM . I WOULD'VE DONE ONE FOR, YOU KNOW, MY UNCLE OR MY FRIEND OR, OR LIKE, THEY, THEY WERE WILLING TO DONATE TOWARDS THE $75 IF THAT FAMILY DIDN'T HAVE IT. RIGHT. SO IT COULD BE SOMETHING THAT THE LEGION [00:15:01] STARTS A FUND AND PEOPLE DONATE TOWARDS IT. YOU KNOW, IF I, I JUST, I WAS, I WAS JUST TRYING TO MAKE A POINT THAT I FEEL LIKE WE WANNA MAKE SURE PEOPLE UNDERSTAND THAT, THAT THAT, THAT THE GO THAT TOWN'S ROLE IN THE PAST WAS, WE DIDN'T MAKE ANY MONEY OFF OF IT. IT WAS TRULY TO DO WHAT WE WANTED TO DO, WHICH WAS TO HONOR, UM, PEOPLE OR MEMORIALIZED PEOPLE AND THEIR SERVICE. SO ANYWAY, I CAN TELL YOU AS A MEMBER OF THE LEASE, I MEAN, I JUST REJOINED RECENTLY, BUT I THINK THE ONES THAT ARE GONNA DO IT, I, I THINK THEY'RE, THEY'LL DO A GREAT JOB FOR US. OH, ABSOLUTELY. I, I, WE ACTUALLY, UH, MR. PETTY AND I DISCUSSED LIKE, UM, THE LEGION ACTUALLY REACHED OUT AFTER THIS WAS GOING ON AND ASKED ABOUT TRYING TO HELP. SO I'M ALL FOUR OF THEM DOING IT. I JUST WANTED TO MAKE SURE THAT, THAT WE WERE, YOU KNOW, GONNA TRY TO KEEP THE SAME PARAMETERS IS WHAT WE WERE DOING. IT SHOULD BE RUN THE SAME WAY. IT WAS THE LAST TIME. I JUST HAD A COMMENT, THE, THE AMERICAN LEGION DID COME BEFORE COUNCIL AFTER WE INITIATED THE BANNER PROGRAM, UM, AND OFFERED TO HELP TO ALL OF US, I THINK IT WAS HERE AT A WORK SESSION, EVEN PERHAPS IN A REGULAR MEETING WE HAD IN THE TOWN HALL. BUT THEY MENTIONED THE SIZE, WHICH YEAH. HINDSIGHT IS 50 50. AND I JUST, I'M APPRECIATIVE OF THAT FEEDBACK, UM, BECAUSE I DID DRIVE THROUGH MIDDLETOWN THE OTHER DAY AND I TRIED TO GET ONE FOR MY BROTHER AND THEY WERE SOLD OUT. YES. HE JUST RETIRED. UM, BUT I, I APPRECIATED THAT FEEDBACK BECAUSE DRIVING THROUGH MIDDLETOWN, THEY ARE MUCH EASIER TO READ. UNLESS I'M ON FOOT ON ROYAL AVENUE, YOU CAN'T REALLY OBSERVE AND TAKE IN THE INFORMATION AND WHO AND WHO THEY'RE FOR. BUT I APPRECIATE THE EFFORT AND THE INITIATIVE THAT, THAT YOU PUT FORWARD MAYOR AND GETTING, GETTING IT INITIATED. AND NOW IF THERE'S SOMEBODY BETTER TO, TO HELP LEAD IT, THAT'S ALWAYS CITIZEN REQUESTS . MR. BOWER WAS, I WAS GONNA SAY, YEAH, JORDAN, THAT'S THE BEST PART ABOUT DOOR KNOCKING ON A CAMPAIGN. WE GET TO MEET PEOPLE AND TALK TO PEOPLE AND PEOPLE GET TO SHARE WHAT'S ON THEIR MIND. SO, UM, BUT I, I'M GOOD WITH, YOU KNOW, WITH OBVIOUSLY DOING THIS, BUT DO YOU ALL WANNA ADD ANY OF THAT LANGUAGE IN THERE ABOUT THE PARAMETERS OR WHAT DO YOU ALL WANNA DO? BECAUSE I'M ASSUMING THE IDEA IS THAT MR. SONNET IS GONNA, UH, TAKE THE OU WITH ANY SUGGESTIONS MADE TO HEAR THE COUNCIL AND IS THE IDEA, WELL, I GUESS WE DON'T, WE DON'T REALLY NEED TO VOTE ON THIS SEPTEMBER'S MEETING. DO WE DO, OR? YES, IT WOULD BE NICE TO MOVE IT. OKAY. OKAY. THAT'S GOOD. I, I JUST, I WAS JUST THINKING IF YOU WANTED TO DO IT BY VETERAN, IS THE IDEA TO GET UP THE SECOND SET BY VETERAN'S DAY? WELL, YEAH, I THINK THAT IS THE GOAL. THAT PROBABLY IS A GOOD IDEA THEN. OKAY. SO COUNSEL, DO WE WANNA ADD WORDING INTO THE MOU ABOUT, UM, YOU KNOW, THE TOWN'S ROLE AND TRYING TO KEEP IT AT COST AND SOME OF IT, I MEAN, THEY WERE GONNA KEEP IT AT COST, BUT I THINK SOME OF THE TOWN'S RESPONSIBILITY IS ALREADY IN THE MOU. YOU'RE JUST TRYING TO FIND OUT IF WE'RE ADDING LANGUAGE THAT IT'S NOT FOR PROFIT, IT'S A NOT-FOR-PROFIT. THAT'S FOR THE COST OF THE BANNER AND THE FACT THAT THE BANNERS ARE BECOMING LARGER, THEY MAY BECOME MORE EXPENSIVE, BUT IT'S NOT BECAUSE THERE'S A PROFIT BEING MADE. SO I AM IN FAVOR OF ADDING LANGUAGE TO THE MOU FOR THE PUBLIC'S CONSUMPTION AND AWARENESS THAT IT IS NOT AN INITIATIVE TO MAKE MONEY OR EARN A PROFIT WHEREVER THAT FITS. I'M LOOKING AT IT AND I DON'T WHERE THAT FITS, BUT I ACTUALLY ACTUALLY ALREADY NEED A NOTE TO MAKE SURE IT FALLS WITHIN THE MAGIC STATUTE. 15.2 9 53 DONATION. I'M IN FAVOR BECAUSE THE TOWN HAS AN IS MM-HMM . IS, IS DOING AN IN KIND DONATION, CORRECT? CORRECT. I'LL MAKE SURE THERE'S A RECITAL COVERING THAT BASE, CORRECT. IF THAT, THAT'S RESPONSIBLE FEEDBACK STILL. NO, I DON'T, I THINK SHE'S WAITING FOR FEEDBACK FROM COUNCIL FOR A CONSENSUS ON ADDING THE LANGUAGE OR NOT ADDING THE LINK. HI, I'M WITH, UH, THE COUNSELOR WITH, WITH REGARD TO THE, THE ADDITIONAL LANGUAGE THAT HE HAS TO ALL RIGHT. SO ARE WE GOOD THAT I WOULD ADD A ADD LAYER OF, UH, PROTECTION ASSAULT. OKAY. THAT'S NOT WITH ME AS LONG AS ALRIGHT. AS LONG AS THE LEAD STILL GONNA DO IT FOR YOU. YES. THAT I GRATEFUL FOR THEM DOING THAT. THE ONE THAT SAYS PART C, IT SAYS IF NEEDED, HOLD HARMLESS LIABILITY. [00:20:01] WE ARE INSTALLING THE PROVIDED BANNERS ON OUR POLES. NOT SURE WHAT WOULD BE NEEDED FOR THIS SECTION IF NEEDED. IT'S IN YELLOW. YEAH. DID YOU ALREADY WORK THAT OUT? WE'VE BEEN TALKING ABOUT THAT. OKAY. AND WE'LL PROVIDE THEM WITH ANY INFORMATION THAT THEY MAY NEED FOR ADDITIONAL MATERIAL. OKAY. SO WE, SO THIS WILL BE, UM, I SAID, UM, SEPTEMBER 28TH MEETING. AND, UM, I, UNLESS ANY, BECAUSE IT'S AN MOU, DOES IT HAVE TO NOT BE ON CONSENT? IT CAN BE ON CONSENT. WELL, IF WE'RE CHANGING, DO YOU WANT MAYBE. ALL RIGHT. SO BUSINESS. ALL RIGHT. THAT SOUNDS GOOD. MAY I ASK ONE, ONE OTHER QUESTION WITH REGARD TO THE VICE, UH, VICE MAYOR'S POINT ABOUT, YOU KNOW, KNOW, YOU CAN'T REALLY READ THE, READ 'EM VERY WELL FROM THE, AND, UM, I MEAN, IS THERE SOME PLAN IN THE FUTURE FOR THOSE TO BE RETROFITTED? THE OLD ONES NO, BUT THEY'LL, YOU'LL BE ABLE, THEY'RE, WE TALKED ABOUT CAN PEOPLE PURCHASE THEM AGAIN EXCEPT SO THEY CAN GET THE NEW ONES. I MEAN, THEY SAID IT WAS THE FIRST RUN AT 'EM AND EVERYBODY SOLVED THE DESIGN, BUT LIKE I SAID, WE WILL BE TWEAKING THAT WITH THE UPDATED VERSIONS. BUT I WOULD THINK THOUGH, BUT THEY'LL, IF THEY ALREADY WERE THE FIRST 75, THE NEXT 75 SHOULD BE FOR WE, WE TALKED NEW PEOPLE, RIGHT? TALKED? YEAH. OH, THAT ONE. YOU JUST SAID THAT. BUT LIKE IF AS THE YEARS ROLL ON MM-HMM. YOU CAN ORDER AND IT'S FIRST COME, FIRST SERVE, RIGHT? CORRECT. YEAH. YEAH, BECAUSE I KNOW LIKE OUR FORMER LIEUTENANT GOVERNOR WINSOME SEARS IS ALWAYS IN MIDDLETOWN. SHE AND THEIRS ARE, ARE LONGER AND VEHICLE. OH YEAH. WELL, YEAH. LIKE I SAID, HINDSIGHT'S 2020. IT WAS A GREAT, WE GOT SOMETHING GOING, BUT, AND THOSE ARE BEEN UP FOR A YEAR, THIS VETERANS DAY. RIGHT. SO THEY'RE WINCHESTER'S LIKE THREE YEARS AND THEY'RE ON WOODEN TELEPHONE CALLS, SO THEY'RE STRAWS FOR AS WELL. YEAH. WOODEN POLE. ALL RIGHT. SO WE'RE GOOD. SEPTEMBER 28TH WITH THE NEW LANGUAGE, UM, OR ADDED LANGUAGE I SHOULD SAY. ALL RIGHT. FOUR B SCHEDULE, PUBLIC HEARING FOR FINANCING OF RIVERTON SEWER LIFT STATION AND CENTROFUGE PROJECT, MR. WILSON. UH, SO WHAT THIS IS, IS WE'RE COMING TO COUNCIL, UH, ON THE EXACTLY THE WHAT, UH, MAYOR JUST READ RIVERTON LIFT STATION AND THE CENTRIFUGE PROJECTS. UM, LOOKING TO FINANCE BOTH OF THESE PROJECTS. UH, AS, UH, WE'VE DISCUSSED FOR A NUMBER OF YEARS, THE, UH, VIRGINIA RESOURCE AUTHORITY, UH, DID APPROVE US OR SEND OUT A COMMITMENT LETTER, UH, FOR THE, UH, 1.8 MILLION ON THE RIVERTON SEWER PUMP STATION AND 7.9 MILLION, UH, ON THE, UH, CENTRIFUGE FOR DEWATERING PROJECT. I GUESS IT'S PROPERLY, UM, WHAT WE'RE LOOKING TO DO IS WE HAVE TO ADVERTISE FOR PUBLIC HEARING TO MOVE FORWARD WITH FINANCING OF THESE, UM, ITEMS. AND WHAT WE'RE REQUESTING IS, IS TO ADVERTISE FOR A LITTLE BIT HIGHER, UM, TOTAL OF THE, UH, PROJECT WE'RE LOOKING TO ADVERTISE IS SO ROUGHLY 12.2 MILLION. THIS WOULD GIVE US A LITTLE BIT OF WIGGLER AND FLEXIBILITY IN ORDER TO, UM, UH, FOR ALTERNATIVES ON THE CENTRIFUGE PROJECT. UM, WE CAN GO BACK TO THE VIRGINIA, UH, RESOURCE OR VIRGINIA RESOURCE AUTHORITY AND REQUEST ADDITIONAL FUNDING IF WE FEEL, UH, NECESSARY. UH, WE CAN ALWAYS DECREASE THE AMOUNT THAT WE'RE GOING TO APPROVE FOR FINANCING, WHERE WE CAN NEVER GO OVER THE AMOUNT. UH, JUST LIKE WHEN WE ADVERTISE OUR TAXES, UH, FOR TAX RATES, WE WOULD ADVERTISE HIGHER INCOME, LOWER. UM, BUT THIS GIVES US THE FLEXIBILITY AND SOME OF THE FLEXIBILITY WE'RE LOOKING FOR ON THE CENT FUTURE PROJECT, UH, IS THAT WE WERE TO ADD A SECOND SCROLL TO, UH, THOSE MAGNETITE, UH, ISSUES GETTING THE, UH, THE MAGNETITE CHEMICALS OUT OF THE, UM, UM, UH, OUT OF THE, UH, PLANT, UM, AND SOME OTHER THINGS. UH, THE, UM, SOLICITATION PROCUREMENT HAS NOT BEEN ISSUED YET ON THE CENTRIFUGE. UH, CENTRIFUGE IS STILL GOING THROUGH THE APPROVAL PROCESS WITH, UH, DEQ. UH, SO WE'RE WAITING ON THAT TO COME BACK. UH, THE RIVERTON PUMP STATION, UH, THAT PROCUREMENT HAS COME BACK AND IT'S ACTUALLY IN THE REVIEW PROCESS AT, UH, DE EQ. SO THERE'S A LOT OF THINGS THAT GO INTO PLAY, UH, WITH THESE APPROVALS ON THE, UH, ON THE PROJECTS BECAUSE THIS IS, UH, UH, THE VIRGINIA CLEAN WATER REVOLVING FUND. UM, SO THERE'S A LOT OF STEPS. WE'VE GOT BOND COUNCIL INVOLVED, UH, WITH THAT. UH, BUT RIGHT NOW WHAT WE'RE REQUESTING IS, IS JUST TO HOLD THE PUBLIC HEARING TO SEE IF THERE'S ANY PUBLIC FEEDBACK, UH, FROM, UH, FROM THIS WE'LL COME BACK AT A LATER TIME TO COUNSEL WITH THE ACTUAL APPROVAL OF THE FINANCE FOR THE APPROVAL OF THE FINANCING FOR AWARD OF THE CONTRACTS, AND WITH MORE INFORMATION ONCE THE, UM, WELL, ONCE THE BID HAVE BEEN RECEIVED FOR THE REVIEW. OKAY. SO YOU, YOU'RE GONNA ASK FOR, YOU SAY IT'S GONNA BE 10 MILLION, [00:25:01] YOU'RE GONNA ASK FOR THE TO BE, UH, LOAN TO BE 12 MILLION ROUGHLY UP TO 12. YEAH, 12, 12.2 IS WHAT WE'RE LOOKING TO ADVERTISE. OKAY. UM, THE, UH, IT'S, UH, LET'S SAY, UH, I THINK IT SAY ABOUT TWO, $3 MILLION MORE THAN WHAT WE ORIGINALLY, UH, HAVE APPLICATION FOR. IT DOESN'T MEAN THAT WE'LL, YOU KNOW, SEEK THAT AMOUNT, BUT IT JUST GIVES US THAT FLEXIBILITY. OKAY. SO I JUST WANNA, UM, SO THIS WOULD JUST BE A PUBLIC HEARING, CORRECT? RIGHT AT THE END OF THE PUBLIC HEARING. WE CLOSE THE PUBLIC HEARING, BUT WE WOULD NOT BE TAKING ANY ACTION YET BECAUSE WE WOULDN'T BE TAKING ANY ACTION UNTIL THE BIDS COME IN. RIGHT, RIGHT. UNTIL BIDS ARE, UNTIL THE BIDS COME IN, UNTIL THE, UM, UM, AND, UH, IF WE, YOU KNOW, CHOOSE TO SEEK, UH, ADDITIONAL FUNDING TO SEE IF, UH, THE, UH, VIRGINIA RESOURCES ARE ABLE APPROVE US FOR IT, UH, FOR THE ADDITIONAL ON THE PROJECTS IF WE SO CHOOSE. UH, BUT THIS IS SIMPLY JUST TO OBTAIN, UH, PUBLIC FEEDBACK. NO VOTE, UH, AT THIS TIME. ALRIGHT. DOES ANYBODY, UM, UH, HAVE ANY QUESTIONS FOR THIS? SO, UM, IN OUR PACKET, UM, WE HAVE AN ESTIMATED INTEREST RATE OF 3.2% FOR OVER A 25 YEAR PERIOD. MM-HMM . UM, SO WE'RE LOOKING AT ANNUAL PAYMENTS OF 710,000. YEAH. ROUGHLY, IF WE WERE TO GO FOR THE FULL AMOUNT, IF WE WERE TO GO FOR THIS 12 MILLION MM-HMM. I DO NOT ANTICIPATE GOING TO THAT AMOUNT. MM-HMM. UM, BUT THAT IS THE, OKAY. AND CURRENTLY WE, WE HAVE, UH, 485,000 IN THE SEWER FUND CONTINGENCY, UH, BUILT INTO THE FISCAL YEAR 27 BUDGET 2027. AND GOING FORWARD, WE WOULD BE BUDGETING SOMETHING IN THAT ACCORDINGLY. YEAH. ACCORDINGLY, IF IT'S, YOU KNOW, MORE OR LESS WHAT HAVE YOU THERE. I HAVE A QUESTION. SURE. WE WERE TRYING TO FIGURE IT OUT. SO I UNDERSTAND THE, UM, THE FIRST PART OF THE PRELIMINARY ESTIMATE FOR THE UPGRADES OF THE RIVERTON, WHICH ARE WAIVED PAST DUE, WE KNOW THAT MM-HMM . BUT THEN FOR THE WASTEWATER TREATMENT PLANT AND THE PRELIMINARY ESTIMATE, IT'S FOR A SINGLE STORY BUILDING ONE CENTRIFUGE. IS THIS AT THE EXISTING WASTEWATER TREATMENT PLAN? MM-HMM . OKAY. YEAH. OKAY. SO IT'S AN UPGRADE TO THE EXISTING PLAN. OKAY. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? UH, COUNCILMAN INGRAM, DID YOU HAVE ANY QUESTIONS ABOUT THIS? UH, NO. I'M GETTING MAD. MAYOR. OKAY. I, I, I, UH, THANK YOU. THAT'S GOOD. ALL RIGHT. SO, UM, PUBLIC HEARING AND WE'LL GO AHEAD AND ADVERTISE FOR THAT FOR THIS SEPTEMBER 28TH, RIGHT? YEP. IT'S NOT JUST CALLED, IT'S NOT JUST A PUBLIC COMMENT, SINCE WE'RE NOT TAKING ACTION, A PUBLIC FEEDBACK. IT'S A PUBLIC HEARING. OH, OKAY. PUBLIC HEARING. I KNOW WE'VE DONE IT BEFORE, BUT YEAH, WE DID ONE OTHER TIME. I CAN'T REMEMBER WHAT IT WAS, IT WAS ON YOUR SUGGESTION, BUT WE, WHERE WE JUST BASICALLY COLLECTED COMMENTS. UM, I KNOW, BUT I CAN'T THINK WHAT IT WAS. BUT ANYWAY, REGARDLESS. SO, UM, SO THE 28TH OF THE HEARING FOR THIS, SO ITEM FOUR C IS THE TOWN OF FRONTAL EMPLOYEE HANDBOOK UPDATE. I'M ASSUMING THAT'S THE FAR, OKAY. UM, I WAS GOING TO, UM, GO THROUGH EACH SECTION THAT I'M UPDATING AND GIVE A BRIEF SUMMARY ON EACH UPDATE AND SEE WHAT QUESTIONS OR DISCUSSIONS YOU GUYS MAY HAVE. UM, DO YOU WANT ME TO DO THAT OR DO YOU JUST WANT TO GO STRAIGHT TO QUESTIONS AND DISCUSSION? I THINK YOU OUGHT TO GO THROUGH EACH PHASE. OKAY. OH, SORRY. BECAUSE SOMETIMES WHEN YOU EXPLAIN IT, THAT'S WHAT PROMPTS THE QUESTION. UM, SO STARTING WITH THE, THE FIRST THING IS REORDERING THE SUBSECTION. SO IF YOU LOOK AT THE TABLE OF CONTENTS, YOU'LL SEE WHERE, UM, UNDER SECTION TWO, WHICH IS EMPLOYMENT, I'M LOOKING TO MOVE 2.8, THE DRIVING POLICY, AND TWO POINT 10 SAFETY, MOVE THAT OVER TO SECTION EIGHT. UNDER EMPLOYEE RESPONSIBILITY, THIS IS INTENDED JUST TO IMPROVE FLOW OF THE ORGANIZATION, CONTINUITY OF THE HANDBOOK. UM, AS IT'S HIGHLIGHTED AT THE BOTTOM THERE, [00:30:01] THERE'S NO SECTIONS OR POLICIES THAT HAVE BEEN REMOVED AS PART OF THIS CHANGE. IT'S JUST MOVING THOSE EXISTING SECTIONS AND SECTION EIGHT DOWN AND RENUMBERING THEM SO THAT WE CAN ADD IN THAT SAFETY AND DRIVING POLICY THERE. SO ANYTHING RED IS THE CHANGE? YES. OKAY. AND THEY'RE JUST SHIFTING DOWN BASICALLY TO PUT IN THOSE TWO FROM SECTION TWO. OKAY. ANYBODY, ARE YOU GOOD ON THAT? ANYBODY? OKAY. NO. ALRIGHT. OKAY. MOVING ON TO THE NEXT UPDATE, SECTION 3.4, WHICH IS PAY ACTIONS. SO THIS UPDATE IS TO UNIFY CALLBACK AND STANDBY PAY, AND THAT WHEN EMPLOYEES ARE CALLED BACK TO WORK FOR UNUSUAL OR EMERGENCY SITUATIONS, THEY'RE PAID IN THE SAME WAY. WHETHER THEY WERE ON CALL OR NOT, EMPLOYEES CALLED BACK WOULD BE PAID FOR THE TIME ACTUALLY WORKED SUBJECT TO A MINIMUM OF ONE HOUR AS WELL AS ONE HOUR OF TRAVEL TIME. THIS GIVES US CONSISTENCY AND CONTINUITY AMONGST DEPARTMENTS AND IT BETTER ALIGNS WITH PAY PRACTICES FROM OTHER LOCALITIES. SO BEFORE THEY ROLL, GETTING PAID REGULAR TIME, WHEN THEY GOT CALLED BACK AT OVER 40 HOURS, UM, THE OLD POLICY HAD, UM, 30 MINUTES OF TRAVEL TIME UNDER CALLBACK PAY AND 45 MINUTES OF TRAVEL TIME UNDER STANDBY PAY. OH. SO IT WASN'T A CHANGE IN THE HOUR PAY WASN'T, WASN'T A CHANGE IN THE OVERTIME DAY. IT MAKES SENSE. I, I'M, I'M GOOD WITH THE NEW POLICY. I WAS JUST ASKING . YEAH. IT IS DIFFERENT. UM, THE 30 MINUTE TRAVEL TIME VERSUS AN HOUR TRAVEL TIME, WE'RE INCREASING THAT. AND IS THAT BECAUSE WE, WE HAVE EMPLOYEES THAT LIVE FURTHER THAN 30 MINUTES AWAY? IS THAT THE IDEA? PROBABLY, I'M GUESSING. ABSOLUTELY. AND EVEN EVEN EMPLOYEES LIVING IN THE COUNTY, UM, JUST GETTING INTO TOWN AND THROUGH TOWN IS A LOT MORE THAN WHAT IT EVER USED TO BE. OKAY. SO THAT SECTION WRITTEN DOESN'T UH, COUNCILMAN INGRAM, IF AT ANY TIME YOU HAVE ANY QUESTIONS, JUST FEEL FREE TO TO, TO INTERRUPT US. OKAY. . THAT'S ALL RIGHT. THANKS MADAM. MAYOR. NEXT IS AN UPDATE TO SECTION FIVE POINT 12 ADMINISTRATIVE LEAVE. UM, SO ADMINISTRATIVE LEAVE WAS PART OF THE UPDATE THAT WE DID WHEN WE, UM, CHANGED THE PTO JUST BACK IN JANUARY. UM, HOWEVER, IT WAS NOT SPECIFIED UNDER HERE THAT ADMINISTRATIVE LEAVE IS NOT PAID OUT UPON SEPARATION. SO THAT LITTLE BLURB WAS JUST ADDED IN TO CLARIFY THAT. I HAD A QUESTION ABOUT THAT ONE IN PARTICULAR JUST BECAUSE IT SOUNDED LIKE, UM, IT'S A ONE-TIME THING, RIGHT? SO LIKE WAS THERE AN IMPRESSION BY PEOPLE THAT IT WAS LIKE ACCRUED AND PAID OUT? NO, ACTUALLY IT WASN'T IN THE HANDLE BEFORE EITHER THAT IT'S NOT PAID OUT, BUT IT'S ALWAYS JUST BEEN THING WE JUST NEVER PAID IT OUT AND EVERYBODY KNEW THAT, BUT IT WAS NEVER ACTUALLY IN WRITING. SO, UM, BUT IT IS A ONE TIME THING AND IT'S NOT SOMETHING LIKE I COULD SAY, HEY, CAN YOU GIVE ME AN EXTRA DAY TO GO TO THIS FUNERAL AND I GIVE MY TWO WEEK NOTICE OR WHATEVER AND I STILL EXPECT FOR YOU TO PAY FOR THAT DAY. YOU WEREN'T RUNNING INTO THAT KIND OF, YEAH, NO. WE NEVER PAID OUT ADMIN LEAVE AND THE SICK LEAVE THAT POLICIES ARE, WE DID, WE ALREADY DEALT WITH THAT IN THE LAST YEAR ABOUT THE HOURS AND YEAH. WHICH I REALLY THINK THAT'S A GREAT PROGRAM. I WAS, I WAS ACTUALLY TALKING TO SOMEBODY AT THE SCHOOL SYSTEM ABOUT THAT. THEY OUGHT TO CONSIDER THAT. 'CAUSE IT, IT DOES HELP WITH RETENTION I THINK. SO WE'VE HAD A LOT OF POSITIVE FEEDBACK. YEAH, THAT'S A GOOD THING. OKAY, NEXT IS UPDATE TO SECTION 8.7, THE DRIVING POLICY. UM, SO YOU'LL NOTICE RIGHT OFF THE BAT THAT THE TITLE OF THE SECTION WAS UPDATED TO DRIVING AND VEHICLE USE POLICY. AND THIS IS TO REFLECT THE ADDITION THAT WAS MADE AT THE END. UM, THERE'S A FEW CHANGES TO THE ORIGINAL CONTENT. UM, THE BIGGEST CHANGE IS AT THE END, AGAIN, THE ADDITION OF SUBSECTION B, WHICH IS VEHICLE OPERATION. SO I'M GONNA START WITH THE CHANGES THAT ARE MADE TO THE EXISTING POLICY. UM, FIRST OFF, AT THE VERY TOP OF THE POLICY STATEMENT, WE'RE JUST SPECIFYING THE APPLICABILITY OF THE POLICY. WHO DOES THE POLICY APPLY TO? AND THEN UNDER SUBSECTION B, WHICH IS DRIVER'S RESPONSIBILITIES, WE'RE SPECIFYING THE DRIVER'S REPORTING RESPONSIBILITY SUCH AS REPORTING TO THEIR SUPERVISOR, [00:35:01] ANY CHANGES TO THEIR LICENSE STATUS OR SERIOUS TRAFFIC OFFENSES THAT CAN LEAD TO OR CAUSE LIKE LICENSE SUSPENSION OR, UM, DISQUALIFICATION OF THEIR CDO, UM, OR ACCUMULATION OF DEMERIT POINTS THAT WOULD MAKE THEM NOT QUALIFY ANYMORE FOR, TO BE ABLE TO DRIVE A TOWN VEHICLE. UNDER SUBSECTION C IS THE COMMERCIAL DRIVER'S LICENSE. UM, AND THERE'S A BLURB, IMAGINE IN THERE TO SPECIFY THAT CDL ORDERS ARE SUBJECT TO RANDOM DRUG TESTING MADE IN MOTION. THIS ALL FALLS UNDER FEDERAL GUIDELINES. NEXT IS THE ADDITION OF SUBSECTION D, WHICH IS VEHICLE OPERATION. UM, SO THIS INCORPORATES JUST VERY GENERAL GUIDELINES FOR VEHICLE USE IN OPERATION. THINGS SUCH AS FOLLOWING ALL DRIVING AND TRAFFIC LAWS AND WEARING YOUR SEATBELT, UM, NEVER DRIVING OR OPERATING A VEHICLE WITHOUT A LICENSE OR IN AN INEBRIATED STATE. UM, AND THEN IT ALSO ENCOMPASSES SEC SUBSECTION E, WHICH IS THE TOWN'S USE OF MONITORING TECHNOLOGY AND VEHICLES SUCH AS THE GPS, UM, OR LIKE THE RECENT CAMERAS THAT WERE ADDED TO THE REFUGE TRUCKS. THAT'S ALL FOR THAT SECTION. JUST, JUST IN CURIOSITY, BACK UNDER B WHERE WHAT WAS CROSSED OUT UNDERNEATH THAT RED SECTION, IT SAYS, TOWN EMPLOYEES SHALL NOT INITIATE A CELLULAR PHONE CALL WHILE THEY'RE DRIVING A TOWN VEHICLE UNLESS USING HANDS-FREE TECHNOLOGY, ALL THAT KIND OF STUFF. MM-HMM . I'M ASSUMING, DID WE TAKE THAT OUT BECAUSE IT'S JUST ASSUMED THAT THEY WOULD USE SAFE DRIVING PRACTICES OR, WELL, AT FIRST I HAD MOVED IT UNDER VEHICLE OPERATION. YEAH. AND THEN I CHANGED THE WORDING. UM, SO UNDER D VEHICLE OPERATION, YEAH. NUMBER 10 SAYS EMPLOYEES SHALL COMPLY WITH ALL APPLICABLE VIRGINIA DISTRACTED DRIVING LAWS. GOTCHA. THE USE OF CELL PHONES ARE OTHER HANDHELD ELECTRONIC DEVICES WHILE OPERATING TOWN VEHICLES PROHIBITED EXCEPT THIS PERMIT BY LAW. SO I PERMIT BY LAW THE CHANCE FREE. GOTCHA. OKAY. BECAUSE IT, THE ONLY REASON I, IT HAD OTHER THINGS LIKE, YOU KNOW, THEY'LL, UM, LIKE, UH, USE THE ASIDE PHONE, BUT YEAH. ANYWAY. THAT'S GOOD. I I JUST, I JUST NOTICED IT GOT CROSSED OUT AND I THOUGHT, WELL, I WONDERED IF THAT WAS BECAUSE WE JUST ASSUMED THAT THEY'RE GONNA FOLLOW IT. BUT NUMBER 10 COVERS IT ALL, DOESN'T IT? AND TO MAKE SURE THAT EVEN IF THE LAWS CHANGE IN THE FUTURE, THAT NO MATTER WHAT THEY'RE FOLLOWING, WHATEVER THAT LAW IS. I'M GONNA ASK A SEPARATE QUESTION THAT IS NOT EVEN A HAND, IT'S NOT EVEN ADDRESSED HERE. I'M JUST CURIOUS. SO CDLS, THEY HAVE TO HAVE LIKE A PHYSICAL EVERY SO MANY YEARS TO HOLD YOUR CDL. WE HAVE TO HAVE A HELP. WE DON'T HAVE THE MEDICAL REQUIREMENTS. WHAT'S LOCAL GOVERNMENT? I HAVE A CDL ACTUALLY IT DEPENDS ON WHAT THE VEHICLE IS. 10,000 POUNDS OR MORE, OR SOMETIMES WE HAVE TO HAVE A, UH, A . YEAH. THEN AFTER THAT THEY THINK THE STATE CAN CHANGE IT. BUT, UH, YEAH, BUT YOU DO HAVE TO HAVE A PHYSICAL AND IT'S USUALLY EVERY TWO YEARS. RIGHT. BUT WHAT YOU'RE SAYING IS, AND THIS IS INTERESTING, SO BECAUSE WE'RE A GOVERNMENT, THEY DON'T HAVE TO DO IT. THERE'S NO MEDICAL REQUIREMENTS. WOW. THE ONLY THING THEY'RE SUBJECT TO IS RANDOM TESTING. OH, WOW. DRUG TESTING. THAT'S JUST VERY INTERESTING TO ME. YEAH. BECAUSE I KNOW, WELL I KNOW FAIRFAX DOES, FAIRFAX FOR SURE DOES. LIKE THEY'RE PUBLIC BUSES. YOU HAVE TO GO AND GET EVEN LIKE REGULAR FOR, BECAUSE MY HUSBAND WAS DRIVING ONE AT ONE POINT. REALLY? YEAH. YOU HAD TO GET BLOOD PRESSURE. LIKE THAT DOESN'T SOUND RIGHT TO ME. I'M I'M JUST SAYING BECAUSE THAT'S A 'CAUSE CDLS ARE FEDERALLY MANDATED. THEY'RE NOT STATES REALLY DON'T HAVE MUCH SAY IN IT. I MEAN, THERE USED TO BE, I SAY THAT BECAUSE IT NEEDS TO CRACK DOWN BECAUSE SOME DRIVERS WOULD'VE MULTIPLE DRIVER'S LICENSES IN DIFFERENT STATES. BUT DOT SAYS, YOU KNOW, NOPE, YOU HAVE TO HAVE ONE LICENSE AND THAT'S WHERE YOU RESIDE. CHRIS HAS A CDL, HE DROPS FOR A LIVING AND HE D HE JUST RENEWED DOES NOT WANT GO LIKE WITHIN WEEKS. DMV DOES NOT ASK FOR A MEDICAL CARD THAT IS FROM HIS EMPLOYER AND THAT'S OF HIS EMPLOYER'S REQUIREMENT. DMV DID NOT ASK DMV. DMV DID NOT ASK ANY PHYSICAL GET A C YOU, YOU CAN, YOU CAN KEEP THE CDL WITHOUT HAVING A MEDICAL, WHICH, WHICH YOU GOT MAIL DATE, YOU CAN KEEP IT OFF. DON'T LET YOU, YOU JUST CAN'T OFFER CDL WITHOUT A MEDICAL. BUT I JUST, THAT, THAT SOUNDS STRANGE TO ME. I I'VE NEVER HEARD THAT BEFORE. AND I SAID I'VE GOT A C THIS, I GOT CLASS A, SO, UH, UH, I'VE, I'VE NEVER HEARD THAT. I'VE ALWAYS BEEN TOLD I GET A REMINDER EVERY COUPLE YEARS, YOU KNOW, TO SAY, HEY, YOU KNOW, DO YOU STILL WANNA BE EXEMPTED? AND I'LL CHECK THE BOX. UM, I PROBABLY OPENED UP, [00:40:01] I PROBABLY OPENED UP A CAN OF WORMS FAST. I'M SORRY, BUT I DO THINK IT'S A GOOD QUESTION AND, AND I'M JUST LIKE, YOU, LIKE MY HUSBAND DOES HAVE ONE AND DMV SENDS HIM LIKE, THEY, HE GETS A LETTER LIKE HE AND THE RE AND THE ONLY THING WAS INTEREST. UM, I USED TO BE A WHITE WATCHERS LEADER FOR YEARS. RIGHT. AND I HAD SEVERAL MEMBERS THAT CAME IN, UM, BECAUSE THEY HAD FAILED THEIR MEDICAL AND THEY WERE OVER THE ROAD TRUCK DRIVERS AND THEY WERE TRYING TO LOSE WEIGHT AND IMPROVE THEIR BLOOD PRESSURE AND STUFF LIKE THAT. AND I WAS, I WAS KIND OF SHOCKED ABOUT THE WHOLE PROCESS THAT IT WAS THEIR LIVELIHOOD AND THIS MEDICAL, THIS, THE MEDICAL PIECE OF THIS CDL THING WAS GONNA PREVENT THEM FROM BEING ABLE TO KEEP THEIR JOB. SO, BUT ANYWAYS, IT'S, IT DOESN'T MATTER. IT'S NOT PART OF THIS POLICY, BUT YOU CAN CHECK INTO IT. I DEFINITELY WILL LET US KNOW BECAUSE WE'LL ALL BE SURPRISED. RIGHT. BUT THATS GOOD. GOOD TO KNOW. SORRY, I ASKED A QUESTION THAT DOESN'T REALLY RELATE, BUT I WAS ASSUMING THAT THEY HAD TO DO IT, BUT MAYBE NOT. 'CAUSE THAT'S WHERE I THINK THEY PICK UP THOSE TYPE OF HEALTH ISSUES THAT MAYBE THEY WOULDN'T PICK UP OTHERWISE. MM-HMM. . SO, AND THE LAST ONES, THE TAKE HOME VEHICLES, WHICH I THINK WE ALREADY COVERED, RIGHT? BECAUSE YOU HAD MOVED IT. YEAH. UM, YEAH, JUST A FEW ADDITIONAL SENTENCE, THREE ADDITIONAL LITTLE SENTENCES THAT ARE IN THERE. UM, DOES ANYBODY HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE ADDITIONS? AND IF NOT, I'M ASSUMING THAT ON SEPTEMBER 28TH WE COULD APPROVE THESE. UM, IT DOESN'T TAKE A PUBLIC HEARING AND IT COULD BE ON CONSENT IF EVERYBODY'S OKAY WITH THAT. IS THERE ANY OBJECTION TO PUTTING IT ON CONSENT? NO. NO. I, I DON'T HAVE ANY OBJECTIONS. I JUST WAS WONDERING, MAYBE I SHOULDN'T EVEN WONDER, BUT YEAH. BE CAREFUL WHAT I JUST, THE, UH, I MEAN I CAN'T SEE ALL OF THESE THINGS APPLYING TO TOWN POLICE. I MEAN, I THINK THINK THEY NEED, THEY NEED A LITTLE MORE FLEXIBILITY ON, ON WHICH, WELL, CERTAIN, LIKE WHAT ISSUES ARE LIKE PHONE CALLS. OKAY. BUT I THINK THAT I, I'M NOT, I'M NOT SPEAKING FOR THE POLICE, BUT I AM SAYING IF, IF WE'RE SAYING THEY HAVE TO FOLLOW VIRGINIA VEHICULAR LAWS YEAH. OF ALL PEOPLE THAT WE WOULD WANT TO BE FOLLOWING. I MEAN, THEY'RE ROLE MODELS FOR ALL OF OUR CITIZENS. RIGHT. YEAH. I UNDERSTAND THAT. BECAUSE IT DOES SAY ONE WELL BEFORE WE TOOK IT OUT, BUT LIKE WHERE THEY COULD PULL OVER TO A SAFE SPACE AND, UM, ANYWAY, I GET WHAT YOU'RE SAYING. I'M NOT SAYING I WOULDN'T LIKE TO CUT THEM A BREAK TOO. I'M JUST SAYING NO, I'M, I NOT THAT IT WOULD NOT LOOK VERY GOOD IF THEY WERE ON THE CELL PHONE YEAH. WITH IT IN THEIR HANDS AND GIVING PEOPLE TICKETS FOR THAT. RIGHT. BUT, WELL, I'M NOT, THAT'S NOT WHAT I'M, I'M JUST SAYING THAT WHEN THEY'RE ON, ON, ON CALL AND THEY'RE, YOU KNOW, THEY'RE COMMUNICATING THEY CAN'T PULL OVER. YEAH. BUT THEIR VEHICLES ARE EQUIPPED FOR VIRGINIA SAFE DRIVING BLUETOOTH HANDSFREE. I THINK MR. PETTY, I DON'T KNOW IF WE WERE JUST OCCUPIED, BUT THEY ALSO HAVE GENERAL ORDERS IN WHICH THEY FOLLOW AS WELL, IN ADDITION TO THE . SO YEAH. OKAY. IS EVERYBODY OKAY WITH BEING ON CONSENT? ALRIGHT, NEXT STEP IS JUST, WE HEAR 20, 27, 20 BY THE CALENDAR. I FEEL LIKE WE DID APOLOGIZE. WE, I DIDN'T REALLY ORGANIZE THIS LIKE WE SHOULD HAVE. SHOULD WE, WE SHOULD HAVE PUT YOUR STUFF. SORRY. WE SHOULD PUT HIS STUFF TOGETHER. WE THAT TOO. IT'S LIKE, OH, WHAT WERE WE THINKING? NO BIG DEAL. ARE YOU GONNA BE UP HERE FOR A WHILE AND THEN COME BACK AGAIN? AND COME BACK? SORRY, I THINK THIS IS MY LAST ONE. OKAY. ALRIGHT. UH, SO YEAH. UH, TIME FOR BUDGET AGAIN. , I FINISHED RIGHT. I WITH YOU. UM, BUT NO, THIS IS THE CALENDAR. UH, WE BRING THE COUNCIL TO IT. UH, JUST SO YOU LET, UH, LET YOU GUYS KNOW EXACTLY WHAT WE'RE, UM, PLANNING ON AND HOW THINGS ARE GONNA GO. UM, SAME CALENDAR THAT WE'VE USED, THAT WE USED LAST YEAR, FOR THE MOST PART, UH, WE WILL HAVE TO HAVE A PUBLIC HEARING HERE AT, UH, TOWN HALL FOR THE BUDGET, JUST LIKE WE DID LAST YEAR. UM, OUTSIDE OF THAT, IT'S THE SAME CALENDAR THAT WE'VE USED FOR A NUMBER OF YEARS NOW. UM, AND WHY WILL WE HAVE THEM? JUST THAT THE PUBLIC HEARING THAT WE HAVE TO HAVE HERE IS BECAUSE WE DON'T HAVE THE, WE DON'T SECURED THE GOVERNMENT CENTER ENOUGH TIMES TO BE ABLE TO DO THAT IS WHAT YOU MEANT. WE CAN'T HOLD, WE CAN'T HOLD THE PUBLIC HEARING. UH, WE CAN'T VOTE, UH, THE SAME NIGHT, UH, AS WE HOLD THE PUBLIC HEARING. AND YOU CAN'T DO THE, YOU CAN'T DO THE TAXES AND BUDGET AT THE SAME TIME. RIGHT. SO IT'S GOTTA BE SPREAD ACROSS MULTIPLE MEETINGS, UH, [00:45:01] RATHER THAN SPREAD IT ACROSS, YOU KNOW? YEAH. FOUR MONTHS. UH, THE OPTIONS, UH, IS, IS TO HOLD A PUBLIC HEARING HERE, UH, DURING THE WORK SESSION. OTHER OPTION IS EXTEND IT OUT FARTHER AND IF WE EXTEND IT OUT FARTHER, UM, IT CAN BE DONE, BUT THEN IT GIVES US NO WIGGLE ROOM IF THERE'S ANY KIND OF, YOU KNOW, DELAYS, ERRORS, ANYTHING LIKE THAT. UH, SO, UH, THIS IS KIND OF THE COMPROMISE BETWEEN THE TWO. UH, BUT YEAH, WE JUST, UH, THE DOWNSIDE IS, IS HOLDING A PUBLIC HEARING HERE. UM, ASIDE FROM THAT, EVERYTHING ELSE IS, YES, WE BOOKED A ROOM AT THE BEGINNING OF THE YEAR. WE CAN ALSO LOOK AT, SEE IF IT'S AVAILABLE THAT NIGHT IF WE WANTED TO BE AT THE GOVERNMENT CENTER, TAKE IT. I THINK LAST YEAR WE DID IT HERE BECAUSE IT WAS THE FIRST TIME I THINK WE HAD DONE IT IN THAT SITUATION. UM, BUT WHEN WE TALK, WHEN WE DO THE SCHEDULING OF A BOARD ROOM, WE CAN MAKE SURE THAT MAYBE THE 10TH IS AVAILABLE. AND IT, AND IT ALWAYS DEPENDS ON WHAT IS GONNA HAPPEN. LIKE IF STUFF'S GOING UP, THEY'RE GONNA, THAT'S GONNA DRAW A BIGGER CROWD. I'M GOING TO BRING UP, UM, I'M JUST REALLY ON A ROLL HERE TONIGHT. UM, I'M GONNA BRING UP A SORE SUBJECT, BUT, SO THERE'S REASSESSMENTS AGAIN THIS YEAR, ALTHOUGH THEY'RE CALLING THEM DESK REASSESSMENTS. UM, SO I KNOW THAT WHEN THAT HAPPENS, IT USED TO BE EVERY FOUR YEARS, BUT NOW IT'S EVERY TWO THAT IT'S PLAYED HAVOC WITH US GETTING OUR RATES SET. DO WE, DO WE, ARE WE STILL IN THE SAME BOAT? LIKE, OKAY. ALRIGHT. WE'RE HONEST, RIGHT? AND WE'RE CONSISTENT. RIGHT. BUT YOU COULD FIX IT. IS THERE ANY, I MEAN, YOU KNOW, UM, IN THE BEGINNING OF OCTOBER WE'RE GONNA SET THE LIAISON AGENDA MEETING. AND DO YOU WANT, SHOULD WE BRING IT UP AGAIN ABOUT IF WE NEED THE NUMBERS BY WE ASKED LAST YEAR. YEAH. WE'VE BEEN THROUGH WHATEVER YOU THINK MIGHT WORK. GO AHEAD ON MULTIPLE TIMES. PUT IT ON THERE AGAIN. WELL, I WOULDN'T SAY THIRD TIME'S A CHARM, BUT IT'S MORE LIKE 10TH POUNDS A CHARM, BUT THEY NOT ANTICIPATING CHANGING ANY. YEAH, I JUST WAS CURIOUS. THAT'S ALWAYS, SO WE HOPE THAT THIS CALENDAR WILL WORK, BUT IT'S GONNA STILL ALWAYS BE A, I THINK FROM EVERYTHING I'VE BEEN WATCHING FOR THE BOARD OF SUPERVISORS, IT SOUNDS LIKE, BECAUSE IT'S A DESK ASSESSMENT, LIKE, I DON'T KNOW, BUT THEY STILL DONE QUICKER. YEAH. BUT THEY STILL ARE DOING A BOARD OF EQUALS THEY'RE STILL GONNA HAVE LIKE AN APPEALS BOARD AND ALL THAT STUFF. SO THERE STILL MIGHT BE THE CHANCE THAT, THAT IT WILL SLOW DOWN. THAT'S WHAT SLOWED DOWN THE PROCESS THE LAST TIME IS BY THE TIME PEOPLE GOT THEIR APPEALS IN THE NUMBERS WE WERE GIVEN, I THINK THERE WAS ALSO ISSUES WITH THE CONVERSION OF THE SOFTWARE. YEAH. CORRECTLY. UM, YEAH, THERE WAS A, UH, A NUMBER OF DIFFERENT THINGS. UH, BUT YEAH, BOTTOM LINE, I MEAN, WE'RE STILL SUBJECT TO WHEN WE RECEIVED THE RIGHT, THE AMOUNTS, BUT THE KEY THOUGH IS WE GOT THE WRONG AMOUNTS. THAT'S CORRECT. THE LAST TIME. SO I GUESS THERE'S, THERE'S SURELY NOTHING WE COULD DO TO AVOID THAT AGAIN, IS THAT WHAT WE'RE SAYING? AND I MEAN, I'M UNFORTUNATELY, UNTIL WE GET THE ACTUAL BOOKS, UM, WE'RE, YOU KNOW, WE'RE AT THE, UH, WE DON'T HAVE ANY IDEA UNTIL WE ACTUALLY RECEIVE THOSE BOOKS. UM, YOU KNOW, THE BEST THING WE CAN DO IS GO BY WHAT WE'RE PROVIDED, UH, WHICH IS WHAT WE DID LAST TIME. UH, SO THERE IS, YOU KNOW, ALWAYS THAT WE WERE JUST, WE WERE LIKE $400,000. I SURE. THAT'S ALL I WAS. YEAH. UM, WE'VE CERTAINLY BROUGHT IT UP WITH MULTIPLE MEETINGS, LIAISON MEETINGS, DISCUSSED IT AT LENGTH. UM, WE COULD CERTAINLY DO IT AGAIN. UM, BUT I DON'T KNOW WHAT ELSE WE CAN DO AT THIS POINT. OKAY. SORRY, . NO, YOU DON'T. I I'M NOT LOOKING FOR AN ANSWER FROM YOU. I'M JUST BEING REALISTIC ABOUT WHAT HAPPENED TO US A COUPLE YEARS AGO AND BEFORE REASSESSMENTS ONLY HAPPEN EVERY FOUR YEARS, SO THE RISK WAS EVERY FOUR YEARS. BUT NOW THAT THE RISK IS GONNA BE EVERY TWO YEARS, WE'RE BASING OUR BUDGET ON THE NUMBERS WE'RE GIVEN THE INITIAL NUMBERS THAT WERE GIVEN. AND THEN WHEN THE NUMBERS ACTUALLY CAME IN AND WE WERE SO MUCH SHORT, IT, IT WAS, IT WAS TOUGH. LIKE WE HAD ALREADY SET OUR TAX RATES AND THEN, SO, AND THAT WAS, AND IT'S SET, THE ASSESSMENTS ARE SET BY THE STATE. CORRECT. STATE THE COMMISSIONER, THE COMMISSIONER REVENUE, COUNTY COMMISSIONER REVENUES, UH, HANDLES THE ASSESSMENTS. BUT IT'S, IS IT THE SCHEDULE, THE SCHEDULE COMES AT THE STATE LEVEL? IS THAT WRONG? NO, IT'S BASED ON THE, UH, THE TAXATION SCHEDULE. SO WE'RE BY, WE'RE, YOU KNOW, WE'RE, WE'RE JUNE AND DECEMBER MM-HMM . SO THE ASSESSMENTS HAVE TO BE IN BEFORE WE BUILD THE JUNE AND THE TAXES THAT ARE DUE IN JUNE. SO IT'S KIND OF BACKED UP TO THERE. I'M NOT AWARE OF ANY KIND OF STATE. I MEAN, I COULD BE WRONG. I'M JUST NOT FAMILIAR WITH NOT, BECAUSE A LOT OF THE LOCALITIES ARE, WHAT'S TRICKY IS, IS LIKE IF WE DID, WE CAN'T REALLY PUSH IT BACK. LIKE IF, IF WE SAID, OKAY, TO AVOID WHAT HAPPENED TO US A COUPLE YEARS AGO, WE'RE [00:50:01] GONNA WAIT TO APPROVE THE TAX RATES UNTIL WE HAVE THE BOOK. IF WE WAITED THAT LONG, WE WOULDN'T BE ABLE TO GET ALL THE BILLS READY TO SEND OUT. RIGHT. I MEAN, IS THAT THE, THEN THAT'S THE GIST OF IT. I MEAN, EVERYTHING HAS TO BE DONE BY SPECIFIC TIMES IN ORDER FOR US TO HIT THESE DEADLINES. IF WE'RE LATE SETTING THE TAX RATES, THEN WE'RE AFFECTING SETTING THE BUDGET AND, YOU KNOW, UM, THERE'S JUST, THERE'S SO MANY DIFFERENT THINGS THAT GO INTO PLAY WITH THIS. UM, BUT THIS, THIS IS THE CALENDAR THAT'S PRESENTED HERE IS THE, WHAT I FEEL IS THE BEST OPTION TO WORK FOR US LAST YEAR. HOPEFULLY, HOPEFULLY IT'LL WORK AGAIN AND HOPEFULLY WE'LL GET GOOD NUMBERS. OKAY. ALRIGHT. SO ANYBODY, I MEAN, QUE WE DON'T HAVE TO APPROVE THAT OR ANYTHING. LET'S JUST INFORMATIVE. THANK YOU. SO THE NEXT THING IS, SO THE NEXT THING IS THE, UH, TOWN WIDE MILLION PAVING PROJECTS. AND THAT'S GONNA BE MS. CAMPBELL. SHE'S PROBABLY, I THINK YOU MIGHT BE THE NEXT FOUR, AREN'T SHE FIVE? I THINK FIVE. YOU REALLY BUSY. AREN'T TRYING TO TAKE IT EASY ON YOU. OKAY. OKAY, GOOD. UM, SO THIS FIRST ITEM IS A REQUEST TO AUTHORIZE THE AWARD OF OUR TOWN WIDE MILLING AND PAVING CONTRACT. WE RECEIVED FIVE BIDS AND SHAMONG CONTRACTING CORPORATION, UM, DURING COUNTY SUBMITTED THE LOWEST RESPONSIVE AND RESPONSIBLE BID AT $826,050. THIS IS A ONE YEAR CONTRACT WITH THE OPTION FOR FOUR ADDITIONAL ONE YEAR RENEWALS FUNDING IS AVAILABLE, AND THE HIGHWAY MAINTENANCE, STREET RECONSTRUCTION BUDGET, UH, THAT IS REQUESTING COUNSEL'S AUTHORIZATION TO AWARD THE CONTRACT TO SHAMON. ANYBODY HAVE ANY QUESTIONS OR CONCERNS? JUST A LITTLE PTSD ? UH, SAME THING WITH THE MILLING . YEAH. I WASN'T GONNA SAY 'EM, BUT, BUT IT WASN'T JUST ON THEM. I, ANYBODY HAVE ANY CONCERNS? QUESTIONS? SO THIS COULD BE A CONSENT, RIGHT? OR SHOULD IT NOT BE SINCE IT'S SO MUCH MONEY? I KNOW SOMETIMES WE, IS EVERYBODY OKAY WITH THIS BEING ON CONSENT? ARE WE CURRENTLY USING THEM? WE HAVE NOT USED THEM. WE HAVE NEVER USED THEM. OKAY. I'M ASSUMING THEY HAVE GOOD REVIEWS THOUGH. WAIT, GOOD RECOMMENDATIONS. HUH? WE HAVE RECOMMENDATIONS. PERFECT. THAT'S WHAT WE GOOD. THAT'S GOOD. ALRIGHT. IF AND NOBODY HAS A PROBLEM WITH IT, WE WILL PUT THAT ON CONSENT. OKAY. YOUR NEXT ITEM IS THE PUSH, THE REPLACEMENT OF TRACK LOADER. MM-HMM . YEAH. UM, SO THIS WOULD BE, UM, UTILIZING A COOPERATIVE CONTRACT FOR THE SOURCE. WELL, UM, WITH CARTER MACHINERY, UM, PUBLIC WORKS DEMOED TWO LOADERS AND IS RECOMMENDING THE CATERPILLAR 9 53. BASED ON COST AND OPERATION, THE PURCHASE PRICE IS $274,845 WITH A $20,000 TRADE-IN REBATE ALLOWANCE, BRINGING THE NET COST TO $254,845. THE NEW LOADER WILL REPLACE THE TOWN'S EXISTING EQUIPMENT USED BY MULTIPLE PUBLIC WORKS DEPARTMENTS. UM, COUNSEL HAS REQUESTED TO AUTHORIZE TO PROCEED WITH THE PURCHASE. ANY QUESTIONS? ? NO. NO. INTERESTING. INTERESTING. IS ME A, A CAT? I JUST SENT HIM A PICTURE OF THE CALL, LIKE, CAN YOU BELIEVE WHAT IT COSTS NOW? ? ALRIGHT. NECESSARY 88. YEAH. YEAH, I'D SAY IT LAST. THERE'S A PICTURE IN THERE. MAYBE THIS ONE WILL LAST. YEAH, I HOPE IT OUTLIVES ME. UM, SO NEXT IS CURB AND GUTTER INSTALLATION SERVICES. UH, SO, UM, THIS, UH, IS REQUEST TO AUTHORIZE THE AWARD OF OUR, THE ANNUAL CURB AND GUTTER INSTALLATION CONTRACT. ARTHUR CONSTRUCTION SUBMITTED THE LOWEST RESPONSE, RESPONSIVE AND RESPONSIBLE BID AT $149,943. THIS IS A ONE YEAR CONTRACT WITH THE OPTION FOR FOUR ADDITIONAL ONE YEAR RENEWALS AND STAFF IS REQUESTING COUNSEL'S AUTHORIZATION TO AWARD THE CONTRACT TO ARTHUR CONSTRUCTION. ALL RIGHT, LADIES AND GENTLEMEN, ANYBODY HAVE ANY QUESTIONS OR CONCERNS ABOUT THAT? IS THERE ALL NECESSARY PEOPLE, EVILS? IT'S TRUE. [00:55:05] ALRIGHT, SO NEXT UP IS GLISTER. MM-HMM . TO LOOK THAT UP. UH, SO COUNSEL HAS REQUESTED TO AUTHORIZE THE AWARD OF OUR ANNUAL GLYCERIN CONTRACT FOR THE WASTEWATER TREATMENT PLANT TO SUFFOLK SALES AND SERVICES AT $3 AND 65 CENTS PER GALLON. WE RECEIVED THREE BIDS FOLLOWING OUR REVIEW AND CLARIFICATION OF THE PRODUCT SPECIFICATIONS. SUFFOLK WAS DETERMINED TO BE THE LOWEST RESPONSIVE AND RESPONSIBLE PAYER. THE CONTRACT IS FOR ONE YEAR WITH FOUR OPTIONAL ONE YEAR RENEWALS AND FUNDING IS AVAILABLE IN THE WASTEWATER TREATMENT PLANTS, CHEMICALS, BUDGET. ANY QUESTIONS, SIR? I I DO HAVE A QUESTION ON THIS ONE. OKAY. UM, THE ONE, THE UNIT PRICE OF THE, OF THE ONE FIRM, UM, CAME IN AT ABOUT MAYBE $40,000 CHEAPER. UH, SO MY, MY QUESTION IS, THAT PARTICULAR COMPANY WAS BOUGHT BY A LARGER, A LARGER, UH, CON CON CONGLOMERATION. A A LAR A LARGER FIRM. OKAY. THAT I'M JUST TRYING TO UNDERSTAND, UM, YOU KNOW, WHY, WHAT THE DIFFERENCE IS WITH HIGH PURITY, UH, RIN AND UH, WITH RESPECT TO ALL OF THIS, THAT'S, SO WE REQUESTED LIKE THE DATA SPECIFICATIONS OF THE PRODUCT THAT THEY WERE QUOTING AND, UM, THAT APPARENT LOW BIDDER SUBMITTED DOCUMENTATION THAT DIDN'T DEMONSTRATE COMPLIANCE WITH THE TOWN'S REQUIRED SPECIFICATIONS. UH, AND ACTUALLY I THINK WE UTILIZED THEM A COUPLE TIMES THIS PAST YEAR AND HAD ISSUES WITH THE PRODUCT FOAMING UP. I DON'T UNDERSTAND ALL THE SPECIFICS, BUT CORRECT. YEAH. AND THERE'S TWO DIFFERENT, AND ROB ACTUALLY ROBBIE'S BACK THERE AND HE CAN ANSWER. YEAH, THERE'S TWO DIFFERENT GRADES OF POLYMER. SO IT WAS A LOWER GRADE, THAT'S WHY THEY WERE CHEAPER. THAT'S WHY I DIDN'T MEET, MEET THE CRITERIA WHEN HE BROKE IT DOWN. SO THAT'S WHAT KICKED HIM OUT. SO I GUESS THAT'S LIKE THE CONTROL PARAMETERS ON PAGE 86 FOR THE EXPOSURE CONTROLS PROBABLY WHERE IT'S GOT LIKE THE USA OSHA AND ALL THE DIFFERENT ACRONYMS FOR THE TYPE AND THE THRESHOLD LIMIT AND EXPOSURE LIMITS THAT LIKE A DIFFERENT NUMBER, ALL THE DIFFERENT NUMBERS. YEAH, IT'S THE, UH, ACTUALLY THERE'S, THERE'S QUITE A FEW, THERE'S PROBABLY, I DON'T KNOW, BETWEEN 20 AND 30 DIFFERENT SPECIFICATIONS THAT WE REQUESTED THE LIMIT BE BETWEEN YEAH. ON DIFFERENT ITEM ITEMS. WELL, AND LY IF WHAT YOU HAD THE LAST TIME DIDN'T DO THE JOB, THEN WE DEFINITELY DON'T WANT TO DO IT AGAIN. YEAH, THAT WOULD MAKE SENSE. OKAY. JUST YOU, YOU BRING IT UP ANYTIME YOU HAVE AN OPPORTUNITY TO MAYBE SAVE SOME MONEY. I'M WITH YOU. BUT I UNDERSTAND. I UNDERSTAND. WELL, I, I NOTICED I'M LOOKING AT THOSE BIDS. A LOT OF THEM, YOU KNOW, A LOT OF THEM BURIED IN IN LINE ITEMS, SO MUCH LIKE, YOU KNOW, THE, SO I COMMEND YOU FOR BEING ABLE TO GO THROUGH AND, YOU KNOW, OPEN OUT IT WITH YOUR PARAMETERS OF WHAT YOU REALLY WANT. WE DID AND, AND WE ALSO SENT THEM, UM, LETTERS, YOU KNOW, REQUESTING THAT THEY, YOU KNOW, COMMENT ON IT OR IF THEY COULD PROVIDE MORE INFORMATION BEFORE MAKING THE DETERMINATION. IF NO ONE HAS ANY OBJECTIONS, WE CAN PUT THIS ON CONSENT AS WELL. JUNE 28TH. OKAY. I BELIEVE YOU ARE THE, THIS IS YOUR LAST ONE, RIGHT? THIS IS THE LAST ONE. OKAY. SO THIS IS THE BUDGET AMENDMENT AND AWARD OF THE PROSPECT STREET BRIDGE REPLACEMENT PROJECT. I LIKE, I'VE BEEN TALKING ABOUT THAT BUSINESS BEFORE I GOT ON CALIFORNIA. YEAH, I THINK WE MIGHT CROSS THE FINISH LINE THIS. WELL YOU CAN ASK QUESTIONS. I'M NOT, I'M JUST SAYING IT, IT'S GARY. I KNOW. I DON'T WANNA CALL GARY AND BE LIKE, YOU SHOULD BE HERE THIS NIGHT OR IF WE EVER RIBBON CUT THE NEW BRIDGE. WE GOTTA INVITE HIM ALL. YOU READY? SORRY. YEAH, SURE. YEAH, I'M, YOU'RE FINE. UM, SO WE DID RECEIVE THREE BIDS. UM, FOLLOWING REVIEW OF THE BIDS. WG CONSTRUCTION WAS DETERMINED TO BE THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AT $959,096. UM, UH, OUR PROJECT ENGINEER MANAGER AND CRAIG REVIEWED WGS BID AND THE QUALIFICATIONS AND RECOMMENDED [01:00:01] THE AWARD. WE ARE ALSO REQUESTING APPROVAL OF A $479,548 BUDGET AMENDMENT FOR THE VDOT REVENUE SHARING FUNDS. SO COMBINED WITH THE TOWN'S MATCHING FUNDS, THAT PROVIDES $959,096 NEEDED FOR THE CONSTRUCTION CONTRACT STAFF IS REQUESTING APPROVAL OF THE BUDGET AMENDMENT AND AUTHORIZATION TO AWARD THE CONTRACT TO WG CONSTRUCTION. SO MY QUESTION ON THIS ONE, THIS IS REALLY, THIS IS A BRIDGE PROSPECT. PROSPECT BRIDGE, YEAH. PARA CONSTRUCTS. MM-HMM . OKAY. SO MY QUESTION WAS, I SAW WHERE OBVIOUSLY THEY CAME IN LOWER, BUT YOU DEEMED THEM NON-RESPONSIVE AND I GUESS I WAS GONNA QUESTION LIKE, BECAUSE IT'S IT'S PRETTY, PRETTY BIG, UH, PRICE, PRICE POINT ON THAT. UM, ARE YOU ALLOWED TO SAY WHY THEY'RE NOT RESPONSIVE, BUT DID YOU GIVE THEM A CHANCE TO BE RESPONSIVE OR ARE THEY JUST NOT MEETING THE PARAMETERS? IT'S NOT LIKE THEY FORGOT A DOCUMENT AND YOU COULDN'T GET IT THAT KIND OF TO THROW THEM OUT. 'CAUSE IT'S LIKE A HUNDRED THOUSAND DOLLARS OR SOMETHING. YEAH, IT WAS, THE BID WAS SUB, SUB SUBSEQUENTLY DETERMINED TO BE NONRESPONSIVE. UM, AND WE DID ACTUALLY REACH OUT TO THEM AND LISTED ALL, UM, YOU KNOW, THE DISCREPANCIES OR THE, THE INFORMATION THAT WASN'T TURNED IN AND GAVE THEM A RESPONSE, UH, FINE. A CHANCE TO RESPOND. AND THEY DID NOT. OH. WELL N WG IS THE, THE THE CONSTRUCTION COMPANY THAT DID THE EIGHTH STREET BRIDGE, CORRECT? YEP. SO WE HAVE THE TORICAL MAYOR WAS JUST WHISPERING. UM, WELL, MATTERN AND CRAIG, THE ENGINEERS WHO RECOMMENDED THEM, WE'VE DEALT WITH THEM SINCE WELL BEFORE MY TIME. BUT A COUPLE YEARS AGO, , WHEN NEW COUNCIL MEMBERS CAME ON, THE OUTGOING COUNCIL MEMBERS WHO WERE OUTGOING, POSITIVELY WOULD EXPRESSED THE, THE MATTERS THAT THEY WANTED US TO CHAMPION AND CONTINUE TO CARRY FORWARD. AND COUNCILMAN GILLESPIE TOLD ME THE ONLY THING I NEEDED TO GET DONE IS THE PROSPECT STREET BRIDGE, WHICH WE MADE A LOT OF IMPROVEMENTS. YEAH, WE DID. AND IT'S COME A LONG WAY. UM, BUT IT'S TO NOW KNOW WHAT IT WAS THEN. BUT WHEN WE WERE MAKING THOSE IMPROVEMENTS AND DISCUSSING THAT REPLACEMENT BACK THEN, I THINK IT WAS LIKE 650,000. THAT'S WHAT WE, THAT'S WHAT YOU REMEMBER LIKE FOUR YEARS AGO. YEAH. I MEAN, WHEN I, THAT'S WHY I SAID WHEN I JUST, THAT'S WHEN I WHISPERED IS I WENT, COURSE, I WAS LIKE, WHEN WE WERE TALKING ABOUT IT BEFORE, IT WAS LIKE LITERALLY LIKE SIX OR 600,000 OR 700,000 AND WE WERE TRYING TO FIGURE OUT HOW WE WERE GONNA SCRAPE THE MONEY TOGETHER TO DO THAT. SO IF THAT DOESN'T PROVE TO THE WORLD, THAT WHY, YOU KNOW, SOMETIMES IF YOU GOT THE MONEY, TRY TO DO IT WHEN YOU CAN. SO, BECAUSE THE PRICES DON'T GO DOWN, DO THEY? NOPE. NOPE. BUT ALSO CONCRETE IS, YEAH. YEAH. I'M SURE THAT THAT'S, I'M, THAT WAS, YOU GET IT. . SO, UH, COUNCILWOMAN DEAN, DOMINIC PAY HAD QUESTIONS. DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS ABOUT THIS AWARD? UM, AND IF YOU'RE OKAY WITH IT, WE CAN PUT IT ON THE AGENDA FOR THE 28TH. IS THERE, IS IT THERE LIKE A PRELIMINARY START DATE? I DON'T, NOT YET. ONCE WE AWARDED, I GUESS, CONTRACT SIGNED, APPROVED. MM-HMM. AND IT, DO WE ANTICIPATE IT WOULD BE THE SAME AMOUNT OF TIME AS THE EIGHTH STREET BRIDGE? NO. IT, THERE'LL BE NO, UH, ABUTMENTS, JUST SOME REPAIRS. IT'S JUST BEAMS AND LIKE DECKING, SO. OKAY. WON'T BE NEAR AS LONG. OKAY, GOOD. GOOD, GOOD, GOOD. AND THEY WERE LIKE DEALING WITH FLOODING DURING THE CONSTRUCTION WASTED. AVOID THE FLOODING AND THE DEBRIS BUILDUP. YEAH. WORSE THE BANK ALL DOWN, PLUS THAT WAS LOWER. THIS IS ALREADY UP. YEAH. ALL RIGHT. WELL, IF NO ONE IS AGAINST THAT, CAN, WE CAN PUT IT ON CONSENT. WE'RE PUTTING A LOT OF BIG NUMBER ITEMS ON CONSENT. I'M, I JUST THINK ABOUT FORMER COUNSEL WOMAN THAT I WORKED WITH. SHE, SHE HAD IT IN HER MIND. IF IT WAS A CERTAIN AMOUNT, SHE WANTED IT TO NOT BE ON THE CONSENT. SO I ALWAYS GET NERVOUS WHEN WE HAD THESE BIG I BIG NUMBERS, BUT I MEAN, I DON'T SEE ANYBODY ARGUING OVER THE NEED TO, UM, FOR THE, THE PROSPECT BRIDGE, UH, REPLACEMENT. I BELIEVE BEFORE WE MADE THE LAST REPAIRS, WE HAD TO SHUT IT DOWN TO VEHICULAR TRAFFIC. 'CAUSE OF THE SAFETY RATING OF IT. YEAH. BECAUSE OF THE, THE OLD PLANKS WERE MM-HMM . WE REDUCED. YEAH. THE, THE, YEAH. THEY WERE POPPING TIRES AND STUFF. AND WE'LL KNOW MORE ONCE THE BID GOES OUT AS TO LIKE HOW LONG IT WOULD BE OUT OF COMMISSION. AND, YOU KNOW, ONCE IT'LL IMPACT, IT'LL IMPACT THAT NEIGHBORHOOD IN SOME PEOPLE'S. BUT BECAUSE ONCE THEY SIGN THE CONTRACT, WE'LL [01:05:01] GET A SCHEDULE. OKAY. KIND OF WHEN THEY PLAN TO PUT IT OUT. SERVICE AND THANK YOU. ALL RIGHT. COUNCIL, WE ARE READY TO MOVE ON TO JAY. OKAY. OKAY. THAT, THANK YOU. MM-HMM . THANK YOU. WE DIDN'T, WE WERE PRETTY GOOD WEREN'T, WE WEREN'T TOO BAD PARENTS BAD. SO, UM, ITEM FOUR J IS THE APPOINTMENT OF A NON-ELECTIVE REPRESENTATIVE TO THE VALLEY REGIONAL COMMISSION. UM, AND YOU CAN SOLVE IN YOUR AGENDA THAT, UM, COUNSEL'S REQUESTED TO APPOINT DANIEL WELLS AS THE TOWN'S NON-ELECTIVE REPRESENTATIVE. UM, AND HE WILL SERVE THE REMAINDER OF THE CURRENT TERM, WHICH EXPIRES JUNE 30TH, 2029. DOES ANYBODY HAVE ANY QUESTIONS OR ANYTHING ABOUT THAT? SO ANOTHER, ANOTHER CONSENT. IF EVERYBODY'S OKAY MAN, THAT CONSENT IS GONNA BE RIGHT NOW. RIGHT NOW WHAT DO WE HAVE? ONE PUBLIC HEARING. 2, 2, 2 PUBLIC HEARINGS, OUTDOOR DINING, AND, OH, THAT'S RIGHT. OH, ON THE NEXT ONE. YEAH. SO YOU HAVE THREE. ALRIGHT, SO, ALRIGHT. BUT THE, BUT THE CONSENT'S GONNA BE LONG, SO I JUST KNOW SINCE WE DON'T HAVE ANOTHER WORK SESSION, THERE'S NO MORE THAT WE'RE GONNA ASK. ALRIGHT. SO IT'S APPROPRIATE TO HAVE SOMEONE ON PLANNING AND ZONING ON THAT. OH, ABSOLUTELY. YEAH. I THINK HE'S FILLING THE VACANCY FOR SOMEBODY. SO ITEM 4K IS, UM, AN ORDINANCE AMENDMENT FOR THE ZONING ADMINISTRATIVE AND DEPUTY ZONING ADMINISTRATOR RESPONSIBILITY. AND MR. PETTY IS GONNA SPEAK TO THAT. YEAH, I'D BE HAPPY TO SPEAK TO THIS. AND MR. WARE IS, UM, ALSO HERE TO ASSIST IF I MESS UP. BUT USUALLY THIS IS ALMOST HOUSEKEEPING, LITTLE BIT IN THE ZONING ORDINANCE CURRENTLY RIGHT NOW, IT SPECIFIES THAT THE PLANNING DIRECTOR IS ALSO THE ZONING ADMINISTRATOR AND IT DOES NOT GIVE THAT DEPARTMENT THE FLEXIBILITY TO HAVE A SEPARATE ZONING ADMINISTRATOR TO PASS HIS DUTIES ONTO SOMEONE ELSE. ADDITIONALLY, IT ALSO SPECIFIES THAT YOU CAN ONLY HAVE SINGLE DEPUTY ZONING ADMINISTRATOR. AND WE WOULD LIKE TO HAVE, IF WE HAVE THE STAFF, YOU KNOW, POTENTIALLY TWO OR MORE, DEPENDING ON WHAT THAT STAFF LEVEL IS, TO GO OUT AND ENFORCE THE ZONING ORDINANCE, THEY WOULD BE ABLE TO DO LETTERS AND CITATIONS AND TO UPHOLD THE ZONING ORDINANCE. THEY WOULD, THE ZONING ADMINISTRATOR WOULD STILL DO DETERMINATIONS. UM, 'CAUSE THAT'S AN OFFICIALLY BINDING THING THROUGH STATE. BUT THIS JUST GIVES US MORE FLEXIBILITY TO HAVE BOTH CODE ENFORCEMENT PERMITTING WISE, AND ALSO NOT TO PUT ALL OF THAT ON JUST A PLANNING DIRECTOR. UM, AND THIS IS CONSISTENT WITH MANY OTHER LOCALITIES AND HOW THEY OPERATE TO ALLOW THAT FLEXIBILITY WITHIN THE DEPARTMENT. MR. PETTY, I JUST WANNA SAY, WHEN YOU BROUGHT THIS UP TO ME ABOUT ADDING IN ON THE AGENDA, I KNOWING THAT YOU SPENT TIME IN THE ROLE OF PLAN DIRECTOR FOR, UM, FOR THE COUNTY, UM, MAKES YOUR, ALL YOUR INPUT ON THIS INVALUABLE TO ME. SO I JUST WANNA SAY LIKE, I THINK THAT IF YOU FEEL LIKE THIS IS, UM, UH, UM, THE RIGHT MOVE FORWARD, I, I THINK I APPRECIATE YOU SHARING THAT AND THIS IS A GOOD TIME TO MAKE THESE CHANGES. YEAH, AND, AND TO BE QUICK. SO THE WAY IT'S SET UP NOW, AS OUR PLANNING DIRECTOR WAS THE ZONING ADMINISTRATOR AND MR. WAS THE DEPUTY ZONING ADMINISTRATOR, AND WE HAVE A CODE ENFORCEMENT OFFICER THAT WAS NOT A DEPUTY ZONING ADMINISTRATOR. SO INSPECTIONS AND CITATIONS, YOU WOULD TYPICALLY NEED ASSISTANCE FROM THE DEPUTY OR ZONING. THIS ALLOWS, LIKE I SAID, YOUR STAFF TO ENFORCE WHAT THEIR JOB, YOU KNOW, THEIR DUTIES ARE AND THAT DEPARTMENT, UM, AND IT JUST GIVES THEM THAT OFFICIAL AUTHORITY AND ALLOWS US TO POINT THEM. SO MORE EFFICIENCY? IT IS, YEAH. AND IT IS JUST OPERATING MORE AS A TEAM AND EFFICIENT. THE ONLY QUESTION I HAVE IS THIS DOES NOT OBLIGATE US BUDGETARILY TO HIRE. NO. OKAY. ALL ABOUT IT. IF IT BRINGS CONSIST, CONSIST CONSISTENCY, CONSISTENCY AND EFFICIENCY. SO THE CONSENT AGENDA, ACTUALLY, THIS IS A PUBLIC HEARING BECAUSE IT IS AN ORDINANCE AMENDMENT. UH, AGAIN, COUNCILMAN INGRAM, I JUST DON'T WANT YOU TO LEAVE ANY, LEAVE YOU OUT OF ANYTHING. DID YOU HAVE ANYTHING YOU WANTED TO ADD? ARE YOU OKAY WITH, WELL, NOT EVEN OKAY WITH IT. WE GOTTA, WE'LL BE PUTTING IT OUT FOR A PUBLIC HEARING AND GET THE PUBLIC'S COMMENT, BUT ARE YOU, YOU'RE GOOD WITH THAT? YES, MA'AM. OKAY. ALRIGHT. SO ITEM FOUR L, WHICH IS ONE THAT WE ADDED, UM, AT THE BEGINNING OF THE MEETING. UM, I AM GONNA, WHO, WHO WOULD LIKE TO HEAD THAT UP? [01:10:01] GENTLEMEN? WAIT, WAIT, WAIT. CAN WE GO BACK FOR A SECOND? I WANNA KNOW WHY ALL THIS STUFF WAS HIGHLIGHTED. I MEANT TO ASK HIM WHAT IN THIS, IN THIS, UH, CODE FOR THE ZONING, UH, MR. PETTY, UM, SHE , I'M SO SORRY. THERE WAS A BUNCH OF STUFF HIGHLIGHTED IN THAT, AND I WAS JUST WONDERING WHAT IT WAS HIGHLIGHTED FOR US NOW ABOUT CONVICTIONS AND FELONIES. GEORGE. UH, 15 22 86, THEY HIGHLIGHTED THE IMPOSITION OF PENALTIES, CONVICTION OF ZONING ORDINANCE. PAGE 1 42, 1 45. MM-HMM . JOHN, THE REASON WHY THAT SECTION'S SPECIFICALLY HIGHLIGHTED IN THE ZONING ADMINISTRATOR SECTION, IT TALKS ABOUT SECTION FIVE FOR THE IMPOSITION OF PENALTIES UPON, I MEAN, THIS BASICALLY STATES WHAT YOU'RE IN VIOLATION OF AND GIVES THEM THE AUTHORITY TO ENFORCE UNDER THE ZONING ORDINANCE. I DON'T, I GUESS I CAN SPEAK. YEAH. WHY SPECIFICALLY HIGHLIGHTED? UH, BECAUSE THIS, UM, MATCHES CURRENT STATE LAW, SO IT ALLOWS FOR PENALTIES TO CLIMB THE LADDER. SO IT IS A CHANGE CASE. IF YOU DON'T COMPLY, THEN YOU, YOU CLIMB THE LADDER AS FAR AS PENALTIES TO, TO GAIN COMPLIANCE. SO IT'S IT'SS INTENDED TO MATCH STABLE. THAT'S STATE, THAT'S NOT OUR CODE THAT'S STABLE. IT'S, IT'S UPDATING IT TO MATCH. OKAY. WHICH IS OLD. THE VIRGINIA RESIDENTIAL LANDLORD AND TENANT ACT WENT INTO EFFECT IN THE HAM. IT DOESN'T HAVE THE BOTTOM WHERE IT WAS ADDED. UM, UH, JOHN JOHN'S BACK THERE. YEAH. IT'S ENFORCEMENT ACTION. RIGHT? I THOUGHT, I THOUGHT, UM, WE WERE JUST TALKING ABOUT THE FIRST PARAGRAPH. NO, I WAS, I MEAN, I'M JUST ASKING WHY THE WHOLE, THE WHOLE NUMBER FIVE WAS HIGHLIGHTED AND I DIDN'T KNOW IF THERE WAS A PARTICULAR REASON, IF THE LANGUAGE HAD CHANGED, IT WAS AN ADDITION. YOU KNOW, WHAT, WHAT WAS THE REASON TO DRAW OUR ATTENTION TO CLEARLY IT DIDN'T GO FAST ENOUGH WHILE WE WERE DISCUSSING IT. THIS IS, IT ALLOWS TO, THIS IS IN FRONT OF THE PLANNING COMMISSION, RIGHT? IT, IT ALLOWS, ALLOWS PENALTIES. SO IT HASN'T COME OUT OF PLANNING COMMISSION YET, RIGHT? YES, IT DID. OH, IT DID? YES. OKAY. SO I DON'T KNOW THE STATUS. WHEN DOES IT GO TO COUNCIL? I, I'M CONFUSED. THE HIGHLIGHTED SECTION IS STATE CODE. THE ONLY THING WE'RE AMENDING IS THE ZONING ADMINISTRATOR SECTION. I BELIEVE IT'S HIGHLIGHTED JUST TO EMPHASIZE, I DON'T, I CAN'T SPEAK TO WHY DO YOU EMPHASIZE WHAT THE PROCESS IS OF A CONVICTION OF THE ZONING ENFORCEMENT? UM, THIS IS, THIS IS WHAT WENT THROUGH PLANNING COMMISSION. IT'S NOW COME TO YOU AND FOR AN ADVERTISEMENT FOR A PUBLIC HEARING ONLY ABOUT THE ZONING, ONLY ABOUT THE ZONING ADMINISTRATION. WHAT WE'RE DOING DOESN'T CHANGE THE STATE LAW. YOU KNOW, THE ZONING OFFICER HAS THE ABILITY UNDER THE ZONING ENFORCEMENT TO CITE, AND THEN THIS IS THE STATE LAW THAT ALLOWS 'EM TO PROVIDE CONVICTION OF OFFENSES TO THE ZONING ORDINANCE. RIGHT. CLAIMING THE LADDER, BECAUSE CURRENTLY IT'S JUST A THOUSAND DOLLARS. NO, THAT'LL BE ADDED TO THE ZONING ORDINANCE AS WE GO FURTHER ON, ON THE ADOPTION OF THAT. THERE YOU GO. BUT THAT'S LATER. IT'S PART OF THE REPEAL AND ADOPTION OF THE ZONING ORDINANCE, WHICH IS NOT SEEN YET. WE HAVE NOT SEEN THAT. I DON'T THINK SO. WE PUT IT OUT UNLIGHTED, I GUESS, RIGHT? OR JUST LEAVE THAT. MAYBE I'M MISTAKEN, BUT I JUST CLOSE THIS OUT. I DON'T, AS I RECALL, THE SECOND AND THIRD PARAGRAPHS AREN'T CORRECT ACTUALLY IN THE PROPOSED CORRECT IT OUT. SO ARE WE GOOD? YEAH. OKAY. ALL RIGHT. UM, AND THAT'S A PUBLIC HEARING ANYWAY, SO I WOULD SAY IF COUNSEL HAS ANY QUESTIONS BETWEEN NOW AND THEN THAT, YOU KNOW, MAKE SURE, I MEAN, YOU GOT A FEW WEEKS TO ASK ANYTHING IF NEED BE. BUT, UH, SO THE NEXT ITEM IS ITEM FOUR L AND MR. SONIC, ARE YOU GONNA TALK, SPEAK TO THAT ONE. THIS IS, THIS IS FROM THE LANDOWNER, UM, UH, AND THEN THROUGH THE LANDOWNER'S COUNCIL ASKING BASICALLY TO RELOCATE A STORM DRAINAGE EASEMENT. AND IF COUNCIL LOOKS AT THE PLAQUE, UH, IT'S, IT'S ALL PRETTY WELL DEPICTED THERE. SO WHAT, SO THIS ACTUALLY BENEFITS THE TOWN AS WELL BECAUSE, UM, AS YOU CAN SEE FROM THE FLAT, THE AS-BUILT OF THIS CURRENT STORM DRAIN RIGHT, [01:15:01] IS NOT WITHIN THE ORIGINAL PLATTED EASEMENT. SO, YOU KNOW, WITHOUT GETTING INTO AN ARGUMENT, WHAT IF THE TOWN HAS A PRESCRIPTIVE EASEMENT TO KEEP IT WHERE IT IS? UH, THE HOME, THE, THE PROPERTY OWNER, UM, IS GOING TO RELOCATE IT, UH, BUILD, CONSTRUCT IT, UH, IN THE, UH, IN THE RELOCATED WIDER EASEMENT AS DEPICTED. SO I THINK, I THINK FROM THE PROPERTY OWNER STANDPOINT, IT'S SO THAT THEY HAVE A BUILDABLE LOT, IS THAT CORRECT? I DON'T KNOW THAT BACKSTORY, BUT YEAH, THEY, THEY HAVE A DIFFERENT PLAN FOR THE LAND, AS YOU CAN SEE IN THEIR PROPOSED TOWN HOME. AND THAT THE SEWER EASEMENT WOULD GO THROUGH THAT PROPOSED AREA. AS MR. SON STATED, THE PIPE ISN'T CURRENTLY LOCATED IN THE EASEMENT TODAY. UM, SO THIS WOULD ESSENTIALLY MOVE IT, PUT IT WITHIN A EASEMENT THAT ACTUALLY MEETS TODAY'S STANDARDS AS WELL AS BEING 20 FOOT, WHERE BEFORE IT WAS ONLY FIVE. UM, AND THEN THAT WOULD BE AT THE EXPENSE OF THE BY THE TERMS OF THE DEED OF EASEMENT. UM, THE TOWN DOESN'T ACCEPT THE NEW LOCATION UNTIL IT'S CONSTRUCTED TO TOWN STANDARDS, AT WHICH POINT THE OLD EASEMENT IS VACATED. AND SO WE ADD THE, THE IDEA OF ADDING THIS TONIGHT WAS, UM, UH, WAITING UNTIL LIKE OCTOBER FOR THIS TO COME BACK BEFORE LIKE THEY HAD NO, BECAUSE WE DON'T HAVE A SECOND, UM, WORK SESSION THIS MONTH BECAUSE THIS WOULD'VE BEEN LIKE AND, UM, WE DECIDED TO GO AND ADD IT TONIGHT BECAUSE, UM, COUNSEL WOULD NEED TO TAKE ACTION ON THIS AT THIS SEPTEMBER 28TH MEETING. SO, UM, DOES ANYBODY HAVE ANY QUESTIONS RIGHT NOW? AND I REALIZE THIS IS, I MEAN, THIS KIND OF CAME OUT TODAY, SO I KNOW PEOPLE, RIGHT? YES. NO, I, I GET IT. WHAT I WOULD SAY WOULD BE THAT, AGAIN, PEOPLE WOULD HAVE BETWEEN NOW AND THE 28TH OF SEPTEMBER, IF YOU HAVE QUESTIONS, AND THEN OF COURSE THAT NIGHT, UM, THE 28TH, YOU KNOW, COUNSEL COULD OBVIOUSLY STILL ASK QUESTIONS OF STAFF FOR THINGS LIKE THAT, RIGHT. UM, SO BUSINESS ITEM, IT WOULD BE A BUSINESS ITEM. WELL, RIGHT, RIGHT. BUT I'M JUST SAYING THOUGH, SO CAN BE, I, I JUST, IF PEOPLE, 'CAUSE LIKE, SO COUNSEL WOODS NOT HERE AND COUNCILMAN INGRAM, UNLESS HE HAD ACCESS TO THE DOCUMENTS EARLIER TODAY, THIS IS KIND OF NEW INFORMATION FOR HIM TOO. SO, UM, I JUST WAS OFFERING THAT IF COUNSEL FEELS A LITTLE OVERWHELMED WITH ALL OF THIS RIGHT NOW AND THEY WANNA ASK MORE QUESTIONS, THEY COULD ASK QUESTIONS BETWEEN NOW AND SEPTEMBER, UM, 28TH. UM, AND LIKE I SAID, UNLESS ANYBODY HAS QUESTIONS NOW, BUT I KNOW PEOPLE WERE JUST SEEING THIS TODAY, SO THAT MAKES IT A LITTLE TRICKIER. OKAY. I CAN CERTAINLY UNDERSTAND WHY THEY WANT TO DO IT. I MEAN, YEAH, THE LAND, THE LAND IS USELESS YEAH. THE WAY IT'S, HE CAN'T DO WHAT HE WANTS AND, AND AGAIN, IT CLEANS UP THE SITUATION IN FAVOR OF THE TOWN, RIGHT? YEAH. YEAH. WHERE YOU HAVE THE AS BUILT, NOT WITHIN THE, UH, RECORDED EASEMENT. RIGHT. OKAY. DOES ANYBODY HAVE ANY OTHER QUESTIONS ABOUT THAT ITEM? IS THERE ANYBODY THAT DOES NOT, YOU KNOW, THAT WE'RE GONNA GO AHEAD AND PUT IT AS A BUSINESS ITEM. UM, SO IT'S NOT A PUBLIC HEARING, BUT IT'S A BUSINESS ITEM, BUT PEOPLE WOULD'VE OPPORTUNITY TO ASK QUESTIONS BETWEEN THEM. OKAY. REEL, THIS IS ME. THIS IS WHAT I WAS WANTED TO ADD. SO I'M GONNA GIVE YOU GUYS A FEW, A LITTLE BIT OF A BACKGROUND ON WHAT THIS ITEM, WHY IT CAME TO BE TODAY. SO, UM, ONE OF THE THINGS THAT, UM, AS MAYOR, UM, I CAN ADD THINGS TO AGENDAS FROM CITIZENS REQUESTS THAT ARE IN WRITING. SO, UM, I HAD ASSISTANT REQUESTS, UM, FOR, FOR, UM, ME TO PROCLAIM SEPTEMBER 25TH AS DOLLARS FOR DOLLY DAY IN THE TOWN OF FRONT ROYAL. AND I'M GONNA GIVE YOU A LITTLE BIT OF, OF WHERE THAT'S COMING FROM. AND THOSE OF YOU THAT ARE, UM, ARE, I DON'T, I THINK THE WORLD IS AWARE THAT DOLLY PARTON PASSED AWAY IN THE LAST WEEK OR TWO. UM, AND, UM, THERE IS [01:20:01] THIS MOVEMENT ACROSS OUR COUNTRY THAT IS LOOKING AT SEPTEMBER 25TH BECAUSE THE NUMBERS ARE NINE TO FIVE. I'M ASSUMING THOSE OF YOU THAT ARE OLD ENOUGH TO REMEMBER THAT MOVIE WITH COLEMAN AND LOUIS TO, IT'S TRENDING NOW ON THAT. YES. I DON'T, AND JANE FONDA. YEAH. I ACTUALLY WATCHED IT LAST WEEK AGAIN. I SAW IT IN THE MOVIE THEATER WHEN IT CAME OUT. I'M THAT OLD. UM, BUT, UM, BUT ANYWAY, UM, IT'S MORE THAN JUST ABOUT THE ICONIC SONG OR ABOUT THE MOVIE, BUT IT WAS THE, THE REQUEST WAS THAT WE CONSIDER THAT DAY A ONE-TIME THING AND TO, TO NOTE AND PROCLAIM IT THAT DAY AND TO ENCOURAGE OUR CITIZENS TO DONATE $5. NOW, THE ORIGINAL REQUEST WAS FOR US TO CONSIDER THE DOLLY PARTON IMAGINATION LIBRARY. AND, AND AGAIN, YOU PROBABLY HAVE ALL HEARD ABOUT IT NOW, BUT, UM, BUT THAT'S BEEN GOING ON FOR YEARS. AND WARREN COUNTY'S VERSION OF IT IS HALO, WHICH IS HELPING ALL LITTLE ONES READ. UM, BUT AFTER REALLY CONSIDERING THAT REQUEST, UM, WHAT I THINK MIGHT BE BETTER, MR. PETTY AND I ACTUALLY TALKED ABOUT THIS EARLIER TODAY, WHAT MIGHT BE BETTER THAT INSTEAD OF SUGGESTING THE $5 THAT ENCOURAGING CITIZENS TO DONATE $5 TO THE DOLLY PARK IMAGINATION LIBRARY, OR TO THE HALO, THAT IT MORE JUST BE A, UM, PO ENCOURAGING CITIZENS TO DONATE $5 TO A NONPROFIT THAT SPEAKS TO THEIR HEART. MAYBE IT'S THE MAIN SOCIETY, MAYBE IT'S HABITAT FOR HUMANITY. MAYBE IT'S, YOU KNOW, I, I DON'T WANNA, I DON'T WANNA START NAMING THEM ALL BECAUSE I'LL CERTAINLY LEAVE ONE OUT THAT'S IMPORTANT TO ME TOO. UM, BUT THE IDEA WAS REALLY JUST TO TRY TO MAKE AN IMPACT IN YOUR COMMUNITY. UM, AND AGAIN, YOU GUYS HAVE ALL BEEN HEARING ALL THE WONDERFUL THINGS THAT DOLLY PARTON HAS DONE. AND, AND I WILL SAY SOME OF THE THINGS I WAS AWARE OF, LIKE SOME OF THE THINGS I WAS ABSOLUTELY AWARE OF, BUT AFTER HER PASSING, I DON'T THINK I WAS AWARE OF ALL THE GOOD THAT SHE DID. AND PART OF THAT IS BECAUSE SHE DIDN'T SEEK RECOGNITION FOR IT MANY TIMES. UM, JUST, YOU KNOW, IN HER MOUNTAINS, LIKE GATLINBURG AND DOLLYWOOD, THOSE ARE THINGS THAT, YOU KNOW, UM, I CAN'T IMAGINE WHAT GATLINBURG, THAT IT WOULD EVEN REALLY BE ANYTHING WITHOUT DOLLYWOOD THERE, YOU KNOW? SO, UM, BUT, BUT DEFINITELY THE, THE, THE DOLLY PARTON IMAGINATION LIBRARY, UM, FOR KIDS THAT ARE SIGNED UP FOR THAT, THEY GET A BOOK ONCE A MONTH FOR UNTIL THEY'RE AGE FIVE. UM, AND WHILE THAT KINDA SPOKE TO ME IS LIKE, THERE IS RESEARCH OUT THERE BEYOND RESEARCH ABOUT, UM, THE SUCCESS OF CHILDREN IN SCHOOLS THAT ARE READ TO FROM AN EARLY AGE PRIOR TO EVEN GETTING TO SCHOOL. JIM TRISE IS ONE THAT I DID A LOT OF, YOU KNOW, WORK WITH LONG TIME AGO. UM, SO I'M REALLY PASSIONATE ABOUT THAT. BUT I ALSO RECOGNIZE THAT IN OUR COMMUNITY, THAT, YOU KNOW, PEOPLE THAT MAY NOT BE WHAT THEY'RE PASSIONATE ABOUT. SO MAYBE JUST DOLLARS FOR DOLLY DAY AND ENCOURAGING FOLKS TO, UM, TO DONATE TO $5. LIKE, YOU KNOW, BUT IF THEY WANT TO NEED TO JUST IMAGINE THERE'S 16,000 PEOPLE IN THE TOWN OF FRONT ROYAL. IF EVEN A THOUSAND PEOPLE WOULD DONATE $5 WHEN AN IMPACT THAT WOULD BE IN ANY PROGRAM, THERE'S EVEN TALK ABOUT SOME PEOPLE OUT THERE MAYBE WOULD WANNA MATCH THAT. UM, AND SO THERE, UM, THAT'S THE IDEA. UM, AGAIN, IT'S A ONE TIME THING. THE TOWN IS NOT COLLECTING OR IT DOESN'T HAVE ANYTHING. THERE'S, THE TOWN ITSELF IS NOT GONNA COLLECT ANY MONEY, PROCESS, ANY MONEY, ANYTHING LIKE THAT. IT'S MORE OF A, MORE OF A PROCLAMATION OF ENCOURAGEMENT. AND, UM, AND LIKE I SAID, IT WAS A CITIZEN REQUEST. I THINK THAT IT'S A WONDERFUL OPPORTUNITY FOR US TO TAKE ONE DAY AND PROMOTE, UM, GIVING TO, UM, TO ORGANIZATIONS IN OUR COMMUNITY THAT ALREADY DO SO MUCH FOR OUR COMMUNITY. UM, AND AGAIN, IT'S ALL CHOICE. NOBODY'S GOTTA, NOBODY'S GOTTA DO IT. UM, BUT, UM, SO DO YOU GUYS HAVE ANY QUESTIONS OR ANY THOUGHTS ON IT? DO YOU FEEL LIKE IT'S SOMETHING YOU WOULD SUPPORT ME FOR CLAIMING THAT DAY? OR DO YOU HAVE CONCERNS ABOUT NOT DOING IT? I THINK BY EXPANDING THE DONATING TO ANYONE, ANY ORGANIZATION, UM, MAKES IT, YOU KNOW, IT'S, IT'S MORE INCLUSIVE OF ALL. UM, AND [01:25:01] IT WOULD BE HARD TO ARGUE WITH. AND, UH, YOU KNOW, AND, AND THE TOWN ITSELF, WE DON'T, THE TOWN ITSELF DOES NOT DONATE TO, NO, WE DON'T, WE DON'T, UM, BUDGET TICKETS TO NONPROFITS. THERE'S BEEN A FEW OVER THE YEARS, BUT WE HAVEN'T IN A, YOU KNOW, NOT, IT'S NOT PART OF OUR BUDGET. SO IT'S NOT LIKE WE'RE GIVING THE TOWNS MONEY. THIS IS JUST ENCOURAGING THAT. COUNCILMAN INGRAM, DO YOU HAVE A PROBLEM WITH THAT OR DO YOU, ARE YOU OKAY WITH THAT? I APOLOGIZE. TIME, ADAM. MAYOR, I ACTUALLY SAW YOUR POST ON THAT. UM, I A CHANCE TO RESPOND TO IT, BUT YEAH, I, THAT'S, I'M FINE WITH THAT. GREAT. SEPTEMBER 25TH, YOU HAVE VICE SAID ASK WHAT DAY? IT'S REALLY EASY TO REMEMBER. IT'S 9 0 2 5 9. I'VE MADE ALL THESE NOTES AND THEN I'M LIKE, WAIT, WHAT DAY WAS IT? SO, UM, IS THAT, IS EVERYBODY OKAY WITH THAT? YOU OKAY? PHILANTHROPY IS A GOOD THING AND, YOU KNOW, UH, DON'T EAT FAST FOOD ONE DAY. DONATE YOUR . NOW. WE'VE BEEN THROUGH THAT. YEAH. WE, YOU AND I BEEN DOWN THAT ROAD, WINE. NO, NO, NO. BUT YEAH, THAT WAS GOOD. THAT'S THE TRUTH BETWEEN US. UM, BUT, SO IF EVERYBODY'S OKAY WITH THIS, UM, I'M, WE'RE GONNA WORK UP THE WORDS FOR THE PROCLAMATION, UM, AND I'LL SIGN IT AND THEN, UM, WE'LL START WORKING ON PROMOTING IT, WHICH I'M, I AM HOPEFUL IF THE WORLD EXAMINER WILL INVITE, UM, THE CITIZEN AND I TO COME AND DO A LITTLE INTERVIEW, JUST BECAUSE IT WON'T DO US ANY GOOD IF WE DON'T GET THE WORD OUT. UM, SO WELL, PEOPLE ARE GONNA WANT TO WHERE THEY CAN DONATE TOO. WELL, AND SO I SHOULD HAVE SAID ALL THAT. I WAS TRYING TO GET EVERYBODY'S FEEL ON IT FIRST, BUT THE PROB IT'S YOUR NON-PROFIT OF CHOICE. YEAH, IT WOULD BE. BUT WHAT I LOOKING TO DO IS LIKE TO, YOU KNOW, IF WE PUT ON TOWN'S WEBSITE, OR MY PAGE, OR YOUR PAGE OR ANY OF OUR PAGES, IT WOULD HAVE LINKS. AND SO, AND WE CAN GO AHEAD AND SAY TO PEOPLE NOW, IF YOU WANT YOUR ORGANIZATION TO BE CONSIDERED, LET US KNOW. AND, YOU KNOW, MAYBE WE WILL, YOU KNOW, LIST OR SOMETHING. YEAH, WELL, YEAH, LIKE, I WAS JUST LIKE, WE'RE, THERE'S SO MANY, I'M GONNA SAY THAT I'M GONNA LEAVE SOMEBODY OUT. YOU KNOW, I MEAN, MAYBE IT'S EVEN THE POLICE FOUNDATION. LIKE IT'S WHATEVER YOU, YOU KNOW, IT'S JUST A DAY. YEAH. AND MAYBE WE ENCOURAGE, MAYBE IN, IN YOUR INTERVIEW, ENCOURAGE PEOPLE THAT IF THEY DON'T KNOW WHO TO, TO, YOU KNOW, THEY CAN REACH OUT AND JUST SAY, HEY, I, I WANT TO DONATE TO PETS. YEAH. RIGHT. THEN YOU KNOW, YOU OR YOU CAN REACH OUT TO ANYBODY. WE CAN FIND A, FIND THEM A LIST, YOU KNOW, THEY WANT TO GIVE FOOD, SO LET'S FIND 'EM A, YOU KNOW, THAT'S, THERE'S LOTS OF YEAH. DINNER TOGETHER. THERE'S SO MANY DIFFERENT ORGANIZATIONS OUT THERE THAT, YOU KNOW, FEEDING OUR NEIGHBORS THAT WHAT'S CALLED NOW, I'M SORRY, PREGNANCY EACH OTHER. YEAH. NO, I, THAT'S WHAT I SAY. YEAH. I'M, I'M AFRAID TO START LISTING. I KNOW, RIGHT. BUT I CERTAINLY WOULD LOVE TO MAKE A LIST SO THAT PEOPLE KNOW ALL THE DIFFERENT WAYS OUT THERE THAT THEY COULD DONATE. AND I MIGHT EVEN THINK ABOUT, I MIGHT EVEN THINK ABOUT SHOWING UP AT THE GAZEBO THAT NIGHT TOO FOR A COUPLE HOURS JUST TO ENCOURAGE PEOPLE LIKE, YOU KNOW, YOU'RE GONNA LOOK LIKE YOU'RE OUT THERE PAYING DOLLARS. I'VE GOT A LOT OF CRITICISM OVER THE YEARS, AND I GET CRITICIZED FOR TRYING TO RAISE MONEY FOR NONPROFITS. I'M OKAY WITH THAT. I'LL TAKE IT. I'LL TAKE IT. NO, I JUST, MELISSA, I, I JUST MEANT TO PROMOTE IT A BETTER THING. RIDE A PONY AROUND THE, YOU KNOW, WE'VE SEEN YOU SHAKE THE KING AND QUEEN AND NOW YOU'RE GONNA BE PANHANDLING FOR A CAUSE. MAKE SURE YOU BURN YOUR OH YEAH. . WELL THANK, THANK YOU FOR THE SUPPORT ON THAT. 'CAUSE I THINK IT WAS THE, AND IT WAS THE LAST MINUTE THING, BUT AGAIN, IF BY THE TIME WE MEET MEET AGAIN, IT WOULD BE 9 28 AND THAT WOULD BE POINTLESS. RIGHT. ALRIGHT. I, OUR AGENDAS, DO WE HAVE ONE MORE ITEM? MM-HMM . YEAH. OH YEAH, YEAH. . OH YEAH. OKAY. BUT WE DON'T HAVE A CLOSE. ALRIGHT. SO YEAH. WHO WANTS TO SPEAK TO THAT? OR IS IT JUST A GENERAL, UM, IF YOU RECALL, WE MET IN AUGUST, UH, TO DISCUSS DATA CENTERS FOLLOWING THE TOWN COUNCIL PUBLIC HEARING IN JUNE. AND IT WAS ADDRESSED TO HAVE OUTSIDE LEGAL COUNSEL REVIEW A DRAFT THAT PLANNING COMMISSION RECOMMENDED, UM, IN YOUR PACKET. YOU KNOW, I THINK, AND, AND MR. SONIC CAN MAYBE SPEAK TO IT AS WELL, YOU KNOW, I THINK THE OUTSIDE [01:30:01] LEGAL COUNSEL SAYS THE PLANNING COMMISSION RECOMMENDATION WAS VERY THOROUGH, VERY COMPREHENSIVE AS THEY, THEY FELT THEY WERE TASKED TO SPECIFICALLY LIST OUT DATA CENTERS AS BEING A PROHIBITED USE IN SPECIFIC ZONING DISTRICTS. IT, IT MET THE GOALS IN WHICH YOU ASKED FOR. IT WAS ESSENTIALLY IF YOU WANTED TO BE LESS COMPREHENSIVE, YOU KNOW, AND, AND SIMPLIFY THAT, UH, YOU ESSENTIALLY WOULD JUST DEFINE DATA CENTER IN YOUR ORDINANCE, UH, WHICH WE DID WITH JUST THE, THE SIMPLE PARAGRAPH AT THE BEGINNING. AND THEN IN BOLD AND UNDERLINED IT REFERENCES, UH, SECTION 1 75 DASH 9.3, WHICH IS EXISTING IN THE ZONING ORDINANCE. NOW IT TALKS ABOUT EXCLUDED USES AND THAT WITHIN EACH ZONING DISTRICT OF THIS CHAPTER, USES THAT ARE NOT EXPRESSLY LISTED AS PERMITTED OR PERMITTED WITH SPECIAL USE PERMIT SHALL BE DEEMED EXCLUDED IN THE UNDERLYING. SO ESSENTIALLY DEFINING IT AND NOT LISTING IT, IT, IT FALLS UNDER 1 75 DASH 9.3 EXCLUDED. UM, SO THE RECOMMENDATION TODAY IS THAT IS JUST A SUGGESTION THAT COUNSEL CAN TAKE UP AT THE PUBLIC HEARING, BUT IT IS RECOMMENDED THAT YOU MOVE FORWARD WITH THE PLANNING COMMISSIONS ADVERTISE. WE CAN ALSO ADVERTISE ANY OF THESE CHANGES, BUT WE JUST ADVERTISE IT ALL. UM, BUT IT IS, UH, YOU HAVE THAT PLANNING COMMISSION RECOMMENDATION, UM, TO MOVE FORWARD FOR A PUBLIC HEARING AT THE END OF THIS MONTH. AND THESE ARE JUST SUGGESTED CHANGES THAT COUNSEL CAN REVISE AND EDIT THOSE AT THE PUBLIC HEARING. BUT NOW IS NOT THE TIME THAT YOU WOULD I DO HAVE ONE QUESTION. MM-HMM . UM, WHAT DO WE DO WITH SOMEBODY THAT CALLS THEMSELVES A DATA CENTER THAT DOES NOT MEET THIS CRITERIA? WE HAVE THAT IN SMALL PLACE ON, ON JOHN MARSHALL HIGHWAY. SOMEBODY HAS NAMED A DATA CENTER. WHAT DO WE, WHAT DO WE DO WITH THEM? OR WHAT DO WE RECOMMEND FOR THAT? I WOULD HAVE TO LOOK AT, YOU KNOW, THAT WOULD BE A ZONING DETERMINATION FROM OUR ZONING ADMINISTRATOR THAT WOULD DETERMINE THAT USE, BASED OFF THE DEFINITION. I'M SURE THEY DON'T MEET THIS . I I THINK THAT THEY WOULDN'T MEET THE CRITERIA. THEY PROBABLY, THEY MAY CALL THEMSELVES THAT, UM, BUT THEY MAY NOT MEET ACTUALLY THE DEFINITION OF WHAT THAT I, I, SO THAT'S ONLY MY QUESTION IS WHEN YOU CALL YOURSELF THAT, BUT YOU'RE NOT, BUT YOU'RE NOT BY DEFINITION, HOW DOES THAT WORK? YEAH, THAT WOULD BE A ZONING DETERMINATION. VIOL, YOU KNOW, GOING THROUGH THE ZONING PROCESS AND REALLY WHAT YOU'RE TRULY DEFINED AS, YOU MAY SAY YOU'RE SOMETHING THAT YOU'RE NOT, UM, ON ANY KIND OF RETAIL, COMMERCIAL, INDUSTRIAL USE. UM, BUT AT THAT POINT WE WOULD RELY ON OUR ZONING ADMINISTRATOR TO MAKE THAT DETERMINATION. AND OBVIOUSLY IT'S, I WOULD ASSUME IF IT'S THERE TODAY, IT'S, IT'S NOT THE DATA CENTERS THAT WE THINK OF. UM, BUT ANY NEW APPLICATION OR BUSINESS LICENSE WOULD, AND IT MIGHT ACTUALLY, I LOOK, IT MIGHT ACTUALLY BE ANYTHING I, I WOULD HAVE TO, WELL, THERE WAS SOMEBODY WHO HAD APPROACHED COUNCIL MEMBERS A LONG, LONG TIME AGO WITH A LITTLE GOVERNMENT THING ABOUT DATA CENTER BUSINESS AND THE PLAN WAS MUCH LARGER. TWO QUESTIONS. YES. DID THE OUTSIDE LEGAL COUNSEL COME FROM THE ATTORNEY THAT COUNSEL HAD ALREADY MET WITH? YES. AND THAT OUTSIDE LEGAL COUNSEL WAS TOLD THAT THE APPETITE AND DESIRE AND CONSENSUS OF ALL OF COUNSEL WAS TO BAN DATA CENTERS IN ALL ZONING DISTRICTS? CORRECT. IS IT AGAIN, BOTH. WAS THAT LEGAL OPINION GIVEN IN WRITING OR VERBALLY? IT WAS IN THE EDITS THAT YOU SEE, AND IT WAS 'CAUSE THE LANGUAGE ON PAGE 1 51 UNDER DEFINING A DATA CENTER THAT SAYS CONSISTENT WITH SECTION 1 75 DASH 9.3 DATA CENTERS ARE EXCLUDED FROM ALL ZONES EXCEPT FOR EXPRESSLY PERMITTED BY RIGHT. OR SPECIAL USE PERMIT. AND THAT IS COPIED AND PASTED FROM 1 75 DASH 9.3. CORRECT. AND SO IT, AND AGAIN, IF YOU GO THROUGH THE REST OF THE ZONING ORDINANCE, WHICH IS INCLUDED AFTER THAT, IT IS NOT LISTED WITHIN ANY OTHER ZONING DISTRICT. YES. IT'S NOT LISTED BY RIGHT. OR SPECIAL USE PERMIT IN ANY OTHER ZONING DISTRICT. IT IS BY NOT LISTING IT EXCLUDES THE USE EXCEPT FOR THE USE IS ESTABLISHED AS A LEGALLY NON-CONFORMING USE AND 1 75 DASH 9.3. AND IN NON FORM USE, IT HAS TO BE IN EXISTENCE IN TODAY. AND THEN, SO IF THERE ARE ONE OR TWO IN EXISTENCE AND YOU STAY IN THE TOWN OF HER ROYAL, THAT COUNCIL OR [01:35:01] THE PUBLIC ARE UNAWARE OF, ASIDE FROM THEM, HOW COULD THEY, I'M TRYING TO UNDERSTAND HOW IF ONE WANTS TO EXPAND THEIR BUSINESS, THAT CAN BE PROHIBITED IF THEY'VE ALREADY BEEN IN BUSINESS FOR 10 TO 20 YEARS IN FRONT ROYAL BECAUSE IT WASN'T EXPRESSLY PROHIBITED. I THINK IT WAS QUESTION IF IT'S A LEGALLY NON-CONFORMING USE. SO IF THEY'RE ALREADY IN EXISTENCE IN FRONT ROYAL TODAY, CORRECT. A AND ANY BUSINESS OR ARE WE TALKING DATA CENTER? A DATA CENTER. OKAY. IF THERE WERE ONE ALREADY TODAY. YEAH. IT'S, IT'S ALREADY IN EXISTENCE. WE COULDN'T, WE CAN'T TELL THEM THEY HAVE TO STOP. CORRECT. AND IF THEY WANTED TO EXPAND THEIR OPERATIONS, IT DIDN'T REQUIRE A PERMIT OF ANY KIND. THE, THE NON-CONFORMING USE IN THE ZONING OFFICES HERE, ANY LEGALLY NON-CONFORMING USE CANNOT BE EXPANDED BEYOND ITS EXISTING CONDITION. UM, AND THAT'S STATE LAW. AND THAT'S ALSO REFLECTED IN THERE. YOU CAN'T EXPAND A NON-CONFORMING USE THAT'S IN OUR ZONING. AND IN THE ZONING. I UNDERSTAND THAT IT'S IN OUR ZONING ORDINANCE, BUT AS WE ARE ABOUT TO HEAR OUTDOOR DINING, WE CAN SEE THAT THE TOWN OF FRONT ROYAL IS A HOT BED FOR NON LEGALLY, NON-CONFORMING USES BEING ACCEPTABLE. AND UNENFORCED THAT'S MY CONCERN HERE. WE HAVE A LOT OF LEGALLY NON-CONFORMING USES IN WHICH THE TOWN DOES NOT ENFORCE . SO, SO THIS IS A LARGER LANDSCAPE OR WORRY OF THAT ISSUE. OUTDOOR DINING ISN'T LEGALLY NON-CONFORMING. 'CAUSE IT'S NOT LEGAL TODAY. IT'S JUST LEGAL IN THE STATE, BUT NOT IN OUR LOCALITY IN OUTDOOR DINING. AND SO IF WE WERE TO ADOPT THE ORDINANCE ON SEPTEMBER 28TH, THE FORMER PLANNING AND ZONING DIRECTOR TOLD US THAT THE PEOPLE WHO ALREADY HAVE IT COULD JUST BE CONSIDERED LEGALLY NON-CONFORMING. IT IS ADOPTED. THEY, IF YOU ADOPT THAT ZONING ORDINANCE FOR OUTDOOR DINING, THEN THEY ACTUALLY ARE NO LONGER, IT'S NOT NON-CONFORMING. THEY'RE COMPLIANT. THEY WOULD BE COMPLIANT 'CAUSE THEY WOULD'VE, WE WERE TOLD THERE WAS AN APPLICATION PROCESS TO BRING THEM INTO COMPLIANCE AND OTHERWISE THEY'D BE CONSIDERED LEGALLY NON-CONFORMING. IT'S FOR NEW. AND THE REASON THAT I'M MAKING THE COMPARISON IS BECAUSE THIS FITS THAT, THAT SAME BRAND PARAMETER NERVE ZONING, THAT'S GOOD FOR US IF WE ALREADY HAVE THEM IN EXISTENCE. I'M NOT AWARE OF A DATA CENTER IN TOWN THAT OPERATES AS THE DEFINITION OF A DATA CENTER. I'M NOT SURE OF THE ONE YOU'RE SPEAKING OF, BUT I KNOW OF ONE. I DON'T, I'M THEY, I'M NOT THE ONE ACROSS FROM ON JOHN MARSHALL. YEAH. WHERE IS IT ON JOHN MARSHALL? THE ONE I KNEW ABOUT WAS OFF OF THE BACK OF CHESTER STREET AND PEYTON STREET. OH, OKAY. A UH, THAT'S, THAT'S A, UH, NATIVE RESOURCE. BUT IT STILL SAYS DATA CENTER THOUGH. NO, I THINK IT'S NOT, YEAH, THAT'S, I MEAN, I KNOW DATA. I KNOW IT'S NOT A DATA CENTER. SEE WHAT YOU'RE SAYING? I THINK THAT'S ANOTHER TYPE OF DATA. LIKE THEY PERFORM IT. YEAH. YEAH. THEY, THEY, THEY, THEY PERFORM, THEY GIVE INFORMATION OUT. MM-HMM . YEAH. THAT WASN'T THE ONE I WAS REFERRING TO. THE ONE I WAS REFERRING TO AS A GOVERNMENT CONTRACTOR. OH, INTERESTING. WHAT WOULD YOU PROPOSE? I DON'T LIKE THE DECISION OF MOVING THIS FORWARD TO A COUNCIL MEETING WHEN WE'RE NOT GOING TO MEET AGAIN OR DISCUSS IT WITH TWO MEMBERS OF COUNCIL BEING ABSENT. UM, I, I MEAN, I UNDERSTAND MR. INGRAM'S ON ZOOM, BUT MR. WOOD IS ON VACATION. AND I DON'T KNOW IF COUNCILMAN INGRAM HAS ANY THOUGHTS OR, OR COMMENTS ON IT, BUT WE SAT THERE UNTIL 2:00 AM THAT NIGHT TO HEAR FROM THE PUBLIC. AND SO NOT HAVING ALL MEMBERS OF COUNCIL PROVIDE FEEDBACK. MAYBE THEY HAVE, I HAVEN'T BEEN COPIED ON THEM AS A COUNCIL MEMBER. BUT YEAH, NOT HAVING COUNCIL, FULL COUNCIL PROVIDE FEEDBACK ON SOMETHING LIKE THIS. I'M NOT COMFORTABLE WITH MOVING IT FORWARD TO AN AGENDA FOR ACTION. I THINK THAT I THOUGHT EVERYBODY WANTED. I, I THOUGHT EVERYBODY WANTED TO MOVE FORWARD AS QUICKLY AS POSSIBLE. SO, BUT I, THE MORATORIUM, THE MORATORIUM THAT WE WERE ABLE TO PASS DEFINITELY HELPED US TO, TO BE ABLE TO SLOW DOWN AND COMPREHEND THE INFORMATION AND DISSECT IT. UM, I THINK WE WERE PUSHING IT FORWARD AS FAST AS POSSIBLE BEFORE WE PUT THE MORATORIUM ON, WHICH NOW SEEMS LIKE THE STATE MAY BE HEADED THAT WAY. UM, BUT WHAT I'M SAYING IS WE WERE ASKING FOR FEEDBACK ON THE LANGUAGE FROM, IF I'M IN THE MINORITY, BY ALL MEANS MOVE IT TO THE NEXT AGENDA. OH, NO, THERE'S FOUR OTHER PEOPLE. NO, BUT I'M WONDERING IF THE, UM, IF IT CAN BE PARSED OUT IN TERMS OF, I MEAN, I THINK IT'S IMPORTANT THAT WE HAVE [01:40:01] A DEFINITION. YOU CAN'T SAY WE'RE NOT GONNA HAVE DATA CENTERS AND NOT HAVE A DEFINITION OF WHAT A DATA CENTER IS MM-HMM . AND GET THAT PIECE THROUGH IF WE'RE ALL IN AGREEMENT ON THAT PIECE. BUT LEAVE THE PIECE ABOUT THAT, THAT YOU HAVE IN QUESTION FOR A MORE DISCUSSION AND TIME. I MEAN, WITH THAT, HOW DOES THAT SEEM? WELL, I, GO AHEAD COUNCIL. GO AHEAD. MY QUESTION IS, OH, I'M SORRY. I, I'M JUST, I'M, I'M, GO AHEAD, MELISSA. I'M, I'M, NO, NO, I'M DONE. GO AHEAD. THAT WAS JUST MY SUGGESTION. UH, MY, MY CONCERN IS, IS THAT, YOU KNOW, STILL HAS THE, THE, THE TERM SPECIAL USE PERMIT IN IT. I DON'T KNOW WHY THAT WOULD EVEN NEED TO BE IN IT AT ALL. YOU KNOW, SO THAT'S, THAT'S MY CONCERN. JUST BECAUSE THE HEAT PERMIT, THEY, OH, WELL WE, WE ALLOW HIM A THIRD FEE PERMIT. SO WHY, WHY, WHY IS THAT IN THERE? YOU KNOW, I, I, I SAID LIKE CAPTAIN AL SAID EARLIER, I THOUGHT WE MADE A FEW UNANIM TO CLEAR THAT WE WANTED AN ORDINANCE TO PROHIBIT THEM AND ALL, YOU KNOW, AND ALL ZONING AREAS, YOU KNOW, SO I, I JUST, I JUST DON'T KNOW WHY THE ESPECIALLY USE PERMIT TERM WAS IN THERE. SO I JUST DON'T WANT TO GIVE, I MEAN, IF YOU GIVE ANYTHING A STRAW ON THIS, THEN IT'S, IT'S, IT LEADS TO, YOU KNOW, SOMETHING, IT COULD BE A DRAMATIC RESULT FROM THAT. BUT ANYWAYS, THAT'S, THAT'S MY BIGGEST CONCERN WAS AFTER READING IS JUST WHY, WHY DON'T EVEN MENTION, MY, MY UNDERSTANDING IS THE, THE STATE LAWS THAT, THAT ARE GOING TO GO IN EFFECT UNDER HB 30 IS BY RIGHTS GOING AWAY. AND EVERYTHING IS GOING TO GO INTO SUP ANYWAY. BUT I, CORRECT ME IF I'M WRONG, MY MOTION THAT I MADE THAT PAST SAYS BY COUNSEL WAS IN NO ZONING DISTRICTS UNDER NO SITUATION. I, I, SO I AM ONE TO SAY, I DO NOT CARE WHAT THE STATE SAYS. IF THE LOCALITY SAYS, NOT BY SPECIAL USE ON PAGE 2 0 9, I'LL POINT COUNSEL TO SECTION B SPECIAL USE PERMIT. AND THE USES PERMITTED UNDER THAT. THERE'S TECHNOLOGY BUSINESS, WHICH THIS COUNCIL HAD DISCUSSED BEING A GUISE FOR DATA CENTERS. UH, AND THE DEFINITIONS. TECHNOLOGY BUSINESS SPECIFICALLY SAYS THAT, THAT THAT HAS ALSO BEEN AMENDED TO SAY THAT IT IS NOT A DATA CENTER. UH, CORRECT. ON PAGE PUT IN DEFINITION OF DATA CENTER, ON PAGE, ON PAGE 200 OF YOUR PACKET, IT SAYS A TECHNOLOGY BUSINESS, A NON-DATA CENTER BUSINESS CONSISTING, AND THEN IT HAS ALL THESE TECHNOLOGY BUSINESSES IN ADDITION TO WE DEFINED, UH, A DATA CENTER IS AN INDUSTRIAL USE AND TECHNOLOGY BUSINESSES ARE ALSO ONLY LISTED IN THE COMMERCIAL USE DISTRICTS. UM, IF YOU'RE READING IN THERE, IT BREAKS IT DOWN. RESIDENTIAL, COMMERCIAL, INDUSTRIAL, ORGANIZATIONAL MM-HMM . AND IT'LL SAY, UH, COMMERCIAL, IT'LL SAY RESIDENTIAL. SO YOU SAID ON 2 0 9 IT SAYS RESIDENTIAL, THERE'S NOTHING COMMERCIAL SPECIAL USE PERMIT. IT HAS TECHNOLOGY BUSINESS. UM, SO IT ALSO DEFINES IT AS A COMMERCIAL USE WHEN WE'VE SAID THAT DATA CENTERS ARE SPECIFICALLY INDUSTRIAL FACILITIES. ACTUALLY ON PAGE 180 7, UNDER THE DEFINITION OF DATA CENTER, UM, THE BEGINNING OF THE FIRST FULL PARAGRAPH ON PAGE ONE OF SEVEN SAYS COMMERCIAL OR INDUSTRIAL FACILITIES, WHICH ARE UTILIZING, THAT'S WHAT WE ALSO STRUCK IN THE, IN A POTENTIAL REVISION, IS TO EVERY OTHER LOCALITY THAT EVEN PROHIBITS THEM. WE MENTIONED LIKE WARRANT WARRENTON, THEY DO IT, IT'S THREE SENTENCES THAT DEFINE THEY, THEY ESSENTIALLY DEFINE WHAT A DATA CENTER IS. AND THAT'S THE ONLY PLACE IT'S LISTED IN THE ZONING ONE. THEY BASE, IT'S KIND OF LIKE OURS. IF IT'S EXCLUDED, IT'S NOT ALLOWED, BUT THEY STILL DEFINE WHAT IT IS. UM, MO WHEN WE WERE LOOKING UP HOW EVERYBODY'S DEFINING THESE, ALL THE OTHER LOCALITIES, TWO TO THREE SENTENCES IS BASICALLY DEFINED. SO IT'S A VERY COMPREHENSIVE MM-HMM . UM, THAT'S WHERE WE, WHEN TALKING WITH, YOU KNOW, OUTSIDE COUNSEL SOMETHING IT WAS, YOU COULD SIMPLIFY THAT TO A PARAGRAPH. SO I GUESS MY CONCERN IS THAT IT'S SO COMPREHENSIVE. IT MAKES WAY FOR LOOPHOLES BECAUSE IT'S NOT A BROAD STATEMENT. IT'S ON PAGE 180 7. YOU HAVE COMMERCIAL OR INDUSTRIAL FACILITIES, AND THEN THIS WHOLE PARAGRAPH OF WHAT THAT COULD POTENTIALLY BE, BUT NOT WHAT IT COULD POTENTIALLY NOT BE. SO LISTEN, I THINK THE DAMAGE IS DONE. THE, THE MEDIA'S COMMENTED ON IT. THE PUBLIC'S COMMENTED ON IT. WE MAY, THE PUBLIC AND THE COUNCIL MADE THEIR DECISION LARGELY LOUDLY HEARD. OTHER LOCALITIES HAVE REACHED OUT TO ME, I KNOW SINCE OUR PUBLIC HEARING. BUT, SO I DON'T THINK A DATA CENTER'S NECESSARILY GONNA KNOCK ON OUR DOOR. UM, I DON'T THINK THEY'RE GONNA FEEL WARM AND FUZZY WELCOME VIBES HERE. BUT I JUST, I [01:45:01] GUESS THAT IS MY CONCERN BECAUSE WHEN YOU SAID IT DOESN'T HAVE IT IN COMMERCIAL AND THE DEFINITION, AND THEN YOU GO THROUGH ALL OF THESE PAGES OF RED AND FOR THE PUBLIC, YOU CAN'T SEE IT AT THIS MOMENT. LIKE I IMPLORE YOU TO LOOK AT THE, THE PAGES THAT I'M REFERENCING IN THE AGENDA PACKET TONIGHT. BUT THERE IS SO MUCH DEFINITION THAT I FEEL LIKE THAT LEAVES ROOM FOR LIABILITY. WHETHER VERSUS BEING MORE, I GUESS I WAS HOPING FOR A VERY BROAD SHORT, JUST A STATE THAT IS YEAH. YEAH. ANY, WELL, ARE ANY CONDITIONS ? BECAUSE WHEN YOU DEFINE IT THAT MUCH, THERE'S THINGS THAT YOU LEAVE UNDEFINED. MR. PETTY, GO AHEAD. I'M SORRY. I, UM, AND I THINK THAT WAS PART OF OUR CONVERSATION WAS IT IS COMPREHENSIVE AND IT DOES SPECIFICALLY SAY THEY'RE PROHIBITED. THIS IS WHAT PLANNING COMMISSION FORWARDED. AND AGAIN, THAT'S WHAT WE WERE SAYING. WE, THAT WOULD BE THE ADVERTISEMENT, UNLESS YOU WANTED TO KICK THAT THE DIRECTION WITH SEND IT BACK TO PLANNING COMMISSION. UM, I THINK THEY KIND OF MET THAT, BUT IT'S VERY COMPREHENSIVE. AND I THINK THAT WAS WHERE OUTSIDE COUNSEL AND WE WERE TALKING IS JUST, CAN YOU ALSO SIMPLIFY IT TO, AS TO YOUR POINT, DEFINE WHAT THE USE IS AND THEN TO ENSURE WHETHER IT'S LISTED AS A PROHIBITED USE OR IT IS FALLS UNDER THE EXCLUSION. YOU DEFINE IT AND YOU'VE EITHER PUT IT IN WRITING OR USE THE EXCLUSION THAT IT'S NOT ALLOWED. IT'S JUST NOT AN ALLOWED USE SPECIAL USE PERMIT BY RIGHT. WHATEVER. AND YOU FIND WHAT THAT USE IS. PEOPLE WILL ALWAYS PROBABLY TRY AND COME IN, IT'S A TECHNOLOGY BUSINESS. IT'S IN WAREHOUSE, IT'S INDUSTRIAL MANUFACTURING, WE MANUFACTURE DATA, WHATEVER. THAT'S WHERE WE'RE GONNA HAVE TO GO BACK. AND THE ZONING ADMINISTRATOR WILL MAKE THAT LEGAL DETERMINATION AND SAYS, YOU ARE NOT, YOU ARE NOT AS A DATA CENTER FOR THIS. BUT UNDER SPECIAL USE PERMIT ON PAGE 2 0 9, WE DO ALLOW TECHNOLOGY BUSINESSES. SO IF, IF THEY MEET THAT DEFINITION THAT THEY'RE A DATA CENTER. SO I GUESS MY OTHER THING IN LOOKING AT ALL OF THIS, IN THE ZONING ORDINANCE, IF YOU LOOK AT PAGE TWO 10, THERE'S RESIDENTIAL USE REGULATIONS FOR CARETAKERS QUARTERS AND STUFF LIKE THAT. WE'VE SEEN HOUSING BE A VERY CONTENTIOUS ISSUE ON THIS COUNCIL, WHETHER IT BE FOR, UM, THE PROGRAM, STEP HOUSING FOR RECOVERY, WHETHER IT BE FOR, UH, IN-LAW SUITES AND GRANNY FLATS. UH, WE'VE HAD A LOT OF CONTENTIOUS HOUSING CONVERSATIONS AND I JUST FOUND OUT ABOUT THIS HOUSING SITUATION IN THE TOWN OF FRONT ROYAL, AND I SAID, THAT'S NOT ALLOWED. DID THEY, DID THEY GO TO THE PLANNING AND ZONING DEPARTMENT? WELL, WE HAVE A RELIGIOUS EXEMPTION. SO IF I WANNA OPEN A TECHNOLOGY CENTER AND THE ZONING ADMINISTRATOR GIVES ME PUSHBACK, CAN I GET A RELIGIOUS EXEMPTION FOR WHAT MY TECHNOLOGY BUSINESS HAS? 'CAUSE I DON'T THINK MOST OF COUNCIL PROBABLY KNOWS THAT THIS NEW HOUSING USE IN TOWN THAT I'M REFERRING TO. IS THERE A WAY ON PAGE 1 51, THE WORDING THAT SAYS, CONSISTENT WITH SECTION 1 75 DASH 9.3 DATA CENTERS ARE EXCLUDED FROM ALL ZONES EXCEPT WHERE EXPRESSED PERMITTED BY RATERS SPECIAL USE PERMIT. IS THERE A WAY TO TAKE EVERYTHING PAST THE COMMA OFF WHERE IT LITERALLY JUST SAYS, THESE ARE, THIS IS, AGAIN, I THINK THE RECOMMENDATION IS TO TAKE THE PLANNING COMMISSION RECOMMENDATION FORWARD FOR THE PUBLIC HEARING. THAT'S RIGHT. AND THEN THIS, AND THEN JORDAN THEN WILL BE THERE. COUNCIL WILL HAVE THE OPPORTUNITY TO MAKE THE REVISIONS AS LONG RIGHT THEN AND THERE THAT NIGHT, WE WOULD HAVE TO LEAVE THE PUBLIC HEARING. BUT, SO LET ME TAKE A STAB AT RESETTING THIS. SO THE RECOMMENDATION CAME OUT OF PLANNING COMMISSION AFTER IT WAS KICKED BACK. MM-HMM . FOR A PROHIBITION RATHER THAN THE SUP AND PERFORMANCE STANDARD APPROACH. MM-HMM . SO THAT WAS ADVANCED BY PLANNING COMMISSION TO COUNCIL. THE DIRECTIVE FROM COUNCIL WAS SEND IT BACK TO OUTSIDE COUNSEL TO TAKE ANOTHER LOOK. I HAD NEVER TAKEN A LOOK AT IT AT THAT POINT, TO BE FAIR, TAKE YES. OUTSIDE LEGAL COUNSEL HAD ONLY THE PROHIBITION PART OUTSIDE COUNSEL HAD LOOKED AT THE FIRST VERSION, THE SUP PERFORMANCE STANDARD VERSION. SO THE DIRECTOR FROM COUNCIL SENT IT BACK TO OUTSIDE COUNSEL TO LOOK AT THIS VERSION. THE REVISED TEXT IS THE RESULT OF THAT. SO THESE CAN RUN IN TANDEM, AS FAR AS I'M CONCERNED, FOR PUBLIC HEARING. UM, BUT YOU HAVE TO HAVE, YOU HAVE TO HAVE SOME TEXT [01:50:01] BEFORE YOU CAN GO TO PUBLIC HEARING BECAUSE BECAUSE IT HA IT'S ADVERTISED. YOU'RE ADVERTISING THE TEXT, WHICH HAS TO BE AVAILABLE TO THE PUBLIC FOR REVIEW. OKAY. I DON'T THINK ANYBODY'S DEBATING THAT. OKAY. WELL, I'M JUST, I'M DEBATING THE CONTRADICTORY LANGUAGE IN HERE. OKAY. I, OKAY. IT WENT TO OUTSIDE COUNSEL. WHAT I BELIEVE THE RATIONALE FOR THAT ADDED SENTENCE IS TO MAKE SURE THAT THERE'S NO CONTRADICTION. YEAH. LET ME, UM, SO CURRENTLY 1 75 9 0.3 EXCLUDED USES ARGUABLY, WELL, IT SAYS WHAT IT SAYS. SO ARGUABLY IF IT'S NOT ALLOWED IN THE ZONING ORDINANCE, IT'S NOT PERMITTED. 1 75 9 0.3, IT SAYS, EXCEPT BY SUP. AND THEN WHEN YOU GO AND READ WHAT SUVS ARE ALLOWED IN COMMERCIAL ZONING DISTRICTS, TECHNOLOGY BUSINESSES ARE ONE, I AM ASKING IF LEE OUTSIDE LEGAL COUNSEL GAVE THEIR WRITTEN OPINION TO THIS COUNSEL, WHO THEY SPOKE WITH, TO THIS COUNCIL DIRECTLY, BECAUSE I HAVE READ CORRESPONDENCE WITH TOWN OF FRONT ROYAL STAFF REGARDING THIS COUNCIL'S DECISION TO PROHIBIT DATA CENTERS AND THEIR OPPOSITION TO THAT. AND I UNDERSTAND THAT SOME OF THE TOWN STAFF IS EXTREMELY FRUSTRATED WITH ME AND MY POSITIONS WITH THIS. HOWEVER, THIS IS A HILL THAT I'M WILLING TO DIE ON AND BID MY REELECTION GOODBYE BECAUSE IT IS THE WILL OF THE PEOPLE. I'M HAPPY TO SHARE THAT WITH COUNCIL INDIVIDUALLY. THE COMMUNICATIONS THAT I SAW FROM THE TOWN STAFF REGARDING THEIR VERY DEEP ROOTED FRUSTRATIONS WITH OUR DECISIONS THAT WE MADE. AND IN THIS CONVERSATION BEFORE US TONIGHT, SOME OF THOSE STAFF'S OPINIONS WERE, IT'S NOT MY JOB TO WRITE A MOTION FOR THEM TO PROHIBIT DATA CENTERS. AND MY CONCERN IS THIS LIABILITY, IF WE LEAVE A LOOPHOLE FOR THE TOWN OF FRONT ROYAL, IT FALLS ON OUR BACKS. THE TOWN AND THE COUNCIL MEMBERS AND THE CONSTITUENTS OF HER OIL. MY CONCERN WITH 1 75 9 0.3 THAT I, THAT OUTSIDE LEGAL COUNSEL SAT IN FRONT OF US WHEN THEY GAVE US THEIR LEGAL OPINION. AND AT THAT TIME, COUNCIL'S DESIRE AND APPETITE WAS NOT TO BAN DATA CENTERS. IT WAS TO PUT PERFORMANCE STANDARDS IN MOTION. PLANNING COMMISSION WASN'T PRIVY TO THAT. SOME OF THE PLANNING AND ZONING STAFF WAS NOT PRIVY TO THAT CONVERSATION. WE WERE. SO I'M ASKING IF THAT OUTSIDE LEGAL COUNSEL WHO SAT BEFORE US THAT NIGHT AND SAID, DO YOU GUYS WANNA BAN 'EM? I CAN TELL YOU HOW, OR DO YOU WANNA PUT PERFORMANCE STANDARDS IN PLACE? I CAN TELL YOU HOW CAN ANSWER MY CONCERNS WITH THE CONTRADICTORY LANGUAGE IN 1 75 9 DASH THREE WHEN YOU GO ON TO READ SPECIAL USE PERMITS THAT ARE PERMITTED. THAT I, I JUST, I WILL LEAVE IT TO THE CONSENSUS OF THIS COUNSEL. I'M NOT COMFORTABLE MOVING THIS FORWARD WITHOUT IN WRITING OR SPEAKING TO THE OUTSIDE LEGAL COUNSEL TO ASK THESE QUESTIONS. BECAUSE I HAVE BEEN PRIVY TO COUNSEL STAFF COMMUNICATIONS REGARDING THIS. THAT DID NOT MAKE ME FEEL COMFORTABLE AS AN ELECTED OFFICIAL. I, SO MY JOB, MY ROLE AS MAYOR IS TO, LIKE, WE PRESENT THE THINGS AND PEOPLE TALK ABOUT 'EM. WE DECIDE WHETHER OR NOT WE'RE READY TO MOVE IT FORWARD. IT'S NOT, WE, YOU KNOW, AT WORK SESSIONS, WE DON'T DO THE DISCUSSION PART LIKE YOU WOULD DO AT A REGULAR MEETING WHERE SOMEBODY MAKES A MOTION AND THEN YOU DISCUSS IT BACK AND FORTH. IT FEELS LIKE THAT WHAT'S BEFORE US. PEOPLE AREN'T TOTALLY COMFORTABLE WITH IT. THE QUESTION IS, IF THIS IS WHAT WE HAVE THE PUBLIC HEARING ON AT THAT MOMENT, AT THE, AT THE END OF THE PUBLIC HEARING, WHEN SOMEBODY MAKES THE MOTION, IF THEY DO OR THEY LEAVE IT OPEN, UM, CAN, CAN COUNSEL CHANGE THE WORDING AT THAT TIME? THE ANSWER IS YES. RIGHT. THAT'S WHAT I THINK I'M HEARING FROM YOU ALL. BUT WE HAVE TO HAVE A TEXT FOR THEM TO AT LEAST LOOK AT, TO CONSIDER FOR, TO BE ABLE TO REVIEW FOR THE PUBLIC TO COMMENT. IS THAT CORRECT, MR. SON? I THINK, UM, I THINK THE TOWN MANAGER AND I AGREE THAT IF IT'S LESS RESTRICTIVE, YOU'RE OKAY. IF IT'S MORE RESTRICTIVE, YOU HAVE TO RE ADVERTISE. OKAY. THE MORE RESTRICTIVE TEST. AND SO IF, IF, IF THE, IF THE CONSENSUS OF THIS COUNCIL IS TO MAKE THE WORDING MORE STRICT, THEN WE CAN'T MOVE THIS FORWARD IN SEPTEMBER, RIGHT? YES. YOU WOULD HAVE TO TAKE ACTION ON IT. I THINK IF YOU WANTED IT TO BE MORE [01:55:01] RESTRICTIVE, IT WOULD'VE TO GO BACK TO PLANNING PERMISSION TO REVIEW, CORRECT. WELL, I GUESS, BUT I'M NOT, UH, I'M NOT SURE HOW IT'S MORE RESTRICTIVE THAN, THAN A PROHIBITION. YES. I, UM, IF YOU ENDED IT AT, IF YOU ENDED IT, LIKE, UM, THE MAYOR SAID, I THINK THIS IS WHERE SHE MEANT WHERE YOU JUST SAY, CONSISTENT WITH SECTION 1 75 DASH 9.3, DATA CENTERS ARE EXCLUDED FROM ALL ZONES, PERIOD. AND THAT'S IT. AND THAT'S IT. I WAS TRYING TO OFFER AN EXPLANATION FOR WHY THAT'S IN THERE FROM OUTSIDE COUNSEL. OKAY. OKAY. BECAUSE 9.3 SAYS, IF IT'S NOT IN HERE, IT'S EXCLUDED. OKAY. OKAY. SO WHY ADD DATA CENTER? BECAUSE IT'S NOT IN THERE. SO WE'RE ADDING THE DEFINITION AND TO AVOID AN INCONSISTENCY THAT SENTENCES ADDED, LINKING IT TO 9.3. THAT'S, THAT'S WHAT I OFFER AS THE, AS THE REASON I FEEL LIKE WITH THE ELEPHANT IN THE ROOM TO ME, IS IF WE LEAVE THAT SECOND PART, SECOND PART OF THAT SENTENCE, WE MIGHT AS WELL BE READY TO GO TO ONE OR TWO O'CLOCK IN THE MORNING AGAIN, BECAUSE EVERYBODY'S GONNA SHOW UP AND SAY, YOU'RE FINDING A WAY TO ALLOW IT. NOT ONLY THAT, BUT 9.3 DOESN'T EXPRESSLY SAY FROM ALL ZONES, IT GOES ON TO SAY, EXCEPT WHERE EXPRESSLY PERMITTED BY. RIGHT. OR SPECIAL USE PERMIT. WHEN YOU LOOK AT WHAT'S ALLOWED IN ZONING DISTRICTS BY SPECIAL USE PERMIT TECHNOLOGY, BUSINESSES ARE ALLOWED BY SPECIAL USE PERMIT. BUT THAT'S THE CONTRADICTORY LANGUAGE I'M REFERRING. BUT IT GOES, I DON'T, I DON'T MEAN TO INTERRUPT, BUT, BUT IT GOES BACK TO THE DEFINITION UNDER TECHNOLOGY BUSINESS. CORRECT. NOW, I'VE WOR I'VE WORKED IN TECHNOLOGY FOR YEARS. OKAY. AND AS I READ THROUGH THIS, AND THEN YOU READ THE DEFINITION OF A DATA CENTER, YOU KNOW, YOU DON'T, YOU DON'T WANT TO, UH, PREVENT, UH, A TELECOMMUNICATION EQUIPMENT MANUFACTURING COMPANY. I AGREE. COMING INTO THE TOWN OF FRONT ROYAL, YOU DON'T, WHEN AN INTERNET, YOU DON'T WANT TO PREVENT AN INTERNET COMPANY COMING INTO THE TOWN OF FRONT ROYAL, UH, BECAUSE THAT'S GONNA BRING REVENUE, HARDWARE DESIGN, UH, ASSEMBLY. UH, SO AS FAR AS SAYING IN RED TECHNOLOGY BENE BUSINESS, A NON-DATA CENTER BUSINESS CONSISTING OF ONE OR MORE THAN THE ONE IN COMBINATION OF THE FOLLOWING, IT RUNS BACK TO THE DEFINITION OF DATA CENTER. SO IF YOU CAN'T MEET THAT DEFINITION OF THE DATA CENTER, THEN IT, THEN IT'S NON-CONFORMING. AND, AND THE, AS FAR AS THE PROHIBITION IS CONCERNED, THE, IT'S CLEAR THAT IT'S NOT, IT'S NOT GOING TO ALLOW ANY, IN ANY OF OUR ZONES BECAUSE IT'S PROHIBITED. BRUCE, I GUESS WHAT I'M EXPLAINING TO YOU IS IT'S NOT COUNSEL THAT GETS TO DEFINE IT. IT'S NOT COUNSEL THAT GOES INTO MAKE THE DECISION, THE DETERMINATION TO DECIDE THAT THE TECHNOLOGY BUSINESS IS UP TO THE ZONING DIRECTOR, NOT COUNSEL. AND WHAT I'M TELLING YOU IS I HAVE COMMUNICATIONS FROM TOWN STAFF THAT FEEL DIFFERENTLY THAN THIS COUNCIL DOES. SO IF AT ANY TIME THERE'S A ZONING DIRECTOR WHO FEELS THAT THE TECHNOLOGY BUSINESS ISN'T WHAT WE DEFINED AS A DATA CENTER, BUT IT IS A DATA CENTER THAT IS UP TO THE ZONING DIRECTOR TO APPROVE AND AUTHORIZE, NOT THIS COUNCIL. COUNCILMAN INGRAM, GO AHEAD. I WANT YOU TO, WELL, I, I KNOW WE WE'RE BEATING AROUND THE BUSH ON THIS FOLKS, TO ME IT'S RATHER SIMPLE. IS THIS INTERPRETED AS A SPECIAL USE AT, AT DATA CENTERS ARE ALLOWED INDUSTRIAL ZONES NOT SPECIAL USE PERMIT. THAT'S A YES OR NO ANSWER. THAT'S ALL I WANT TO HEAR. IF IT'S A YES, THEN WE JUST DID EXACTLY WHAT, UH, YOU KNOW, FIVE HOURS WORTH OF PEOPLE TALKING TOLD US NOT TO DO. I MEAN, WE WERE TOLD, YOU KNOW, THE MOTION WAS MADE, WERE MADE. YOU KNOW, I'M JUST, I AGREE WITH VICE MAYORAL. I MEAN, THE INSTRUCTIONS WERE NOT FOLLOWED. THE WAY I LOOK AT IT, IT WAS RATHER SIMPLE. HE SAID, HEY, RIGHT ABOUT WE'RE BEATING AROUND THE BUSH ABOUT IT. IT SEEMS LIKE TO ME, WHAT, WHAT, WHAT MAYOR PEL SAID, AND WHAT ALSO WHAT, UH, MELISSA, YOU KNOW, UH, COUNCIL, COUNCIL SAID IF WE JUST DELETE THOSE WORDS, THEN WE'RE BACK AT, WELL THEN WE'RE, WE'RE, WE'RE JUST ELIMINATE SUP MORTGAGE OUT OF IT, THEN WE'RE OKAY. BUT AGAIN, [02:00:01] THIS WAS, YOU KNOW, THE INSTRUCTIONS WERE GIVEN TO, YOU KNOW, TO CREATE A PROHIBITIVE ORDINANCE. NOT, YOU KNOW, NOT AN SUP. AND AGAIN, THAT, THAT'S MY FRUSTRATION WITH THIS. AND THAT'S WHAT THE, YOU KNOW, THE PEOPLE ARE FRONT ROYAL ARE GONNA BE FRUSTRAT FRUSTRATED WITH THIS WHEN THEY SAY THE WORDS, YOU KNOW, SPECIAL USE PERMIT. AGAIN, I, I DON'T KNOW WHY. I MEAN, I, WELL, I, I, I KNOW WHY, BUT TO ME IT'S JUST, YOU KNOW, INSTRUCTIONS. I DON'T THINK WERE FOLLOWED ON THIS. SO WHY CAN'T WE JUST DO WHAT WAS JUST SUGGESTED, SUGGESTED, YOU KNOW, FOR THAT GOOD PUBLIC HEARING, THAT'S FINE. BUT WE AS COUNSEL CAN MAKE, YOU KNOW, WE CAN DO THIS. WE HAVE THE POWER. WE DON'T, I DON'T, I DON'T AT THIS POINT, I, I'M TIRED OF KICKING IT BACK TO THE PLANNING COMMISSION. UH, IF WE'RE GONNA DO THE, DO THIS ALL, I'M NOT, NOT DENOUNCING THEIR WORK, WHAT WHATSOEVER. I KNOW THEY WORK HARD ON THIS AND, YOU KNOW, IT'S, TO ME, IT'S, IT'S RIGHT THERE AT THE CUSP. BUT STILL, YOU KNOW, THE PERCEPTION OF THIS IS THE REALITY OF WHAT WE HAVE TO DEAL WITH. YOU KNOW, SO, AND AS COUNCIL, AS VICE MAYOR LAYS ALL SAID AGAIN, TOO, I'M GOOD. I'M BIDING MY REELECTION ON THIS. SO AGAIN, I'M, I'M WITH THAT, THAT SENTIMENT ON THIS IN THE SENSE THAT WE NEED CLEAR INSTRUCTIONS OF WHAT NEEDED. THAT WHAT, WHAT THE PEOPLE WANT. WE REPRESENT THE PEOPLE OF AND WE'RE TALKING ABOUT ALL THIS MINUTIAE STUFF THAT REALLY, YOU KNOW, IT IS, IT IS A FIGHT BETWEEN WHAT WAS SUGGESTED TO US OUTSIDE OF COUNCIL, WHAT WE'RE TALKING ABOUT AS COUNCIL. BUT I DON'T REALLY GIVE A DAMN WHAT EVERYBODY ELSE THINKS. IT MATTERS. WHAT WE THINK IS A COUNCIL, WE MADE A UNANIMOUS DECISION ON THAT LAST MEETING, ALL WITH THE SAME VOICE OF WHAT WE SAID WE WERE GONNA DO. ARE WE GONNA DO IT OR NOT? IT'S THAT SIMPLE. I'M DONE. I ONLY ADDED DISCUSSION. SO YOU AND COUNSEL AND THE PUBLIC UNDERSTOOD WHY I WASN'T COMFORTABLE MOVING FORWARD. I, I, I GUESS WHAT I'M TRYING TO FIGURE OUT, IS DO, ARE WE AT A POINT WHERE WE CAN HAVE THE MEETING ON SEPTEMBER 28TH? AND, AND IF THIS COUNCIL WANTS TO TAKE OUT SOME OF THOSE WORDS, UM, I AM A LITTLE NERVOUS ABOUT TAKING OUT THOSE WORDS AND NOT MAKING SURE THAT IT, THAT WE DIDN'T CONTRADICT OURSELVES SOMEWHERE ELSE. THAT'S THE ONLY PART. 'CAUSE I FEEL LIKE THIS IS A WHOLE LOT OF WORDS AND A WHOLE LOT OF LEGALESE THAT WE JUST WANNA MAKE SURE WHAT, WHAT THIS COUNCIL WANTED AND WHAT THE DIRECTION WAS OF THIS COUNCIL. AND IF YOU FEEL LIKE THIS DIDN'T DO IT, THEN YOU KNOW, I WOULD ONLY BE COMFORTABLE MOVING THIS FORWARD TO SEPTEMBER 28TH THAT COUNSEL COULD EITHER HAVE IN WRITING OR THE CONTACT INFORMATION TO SPEAK DIRECTLY TO OUTSIDE LEGAL COUNSEL TO ANSWER AND ADDRESS OUR QUESTIONS ABOUT SOME OF THE CONTRADICTIONS IN HERE. WE GOT THAT INITIALLY WHEN COUNSEL DID NOT WANNA BAN DATA CENTERS IN THAT CLOSED MEETING, AND THOSE DISCUSSIONS WERE HAD, THAT ATTORNEY WAS NOT A PART OF THE CONVERSATIONS WITH THIS COUNSEL SINCE THEN. AND I UNDERSTAND THAT WE PAY FOR OUTSIDE LEGAL COUNSEL, BUT THIS IS WHAT IT'S FOR. AND THESE ARE THE REASONS WHERE IT MATTER THE MOST. THE ONLY WAY I'M COMFORTABLE MOVING IT FORWARD ON SEPTEMBER 28TH IS IF I CAN READ A LEGAL OPINION AND HAVE MY QUESTIONS ABOUT THE CONTRADICTIONS. I SEE AS AN AVERAGE CITIZEN ANSWERED FIRST BY THE SAME OUTSIDE LEGAL COUNSEL THAT SAT IN THIS ROOM WITH THAT DOOR CLOSED AND SAID, I CAN TELL YOU HOW TO BAN IT IF THAT'S WHAT YOU WANT TO DO. I MAYOR. YES, SIR. UM, SO TO ME, THE QUESTION IS ON THE REVISED DRAFT, UH, CAN THAT BE MOVED FORWARD AS A, IN TANDEM WITH PLANNING COMMISSIONS VERSION IF, UH, IN THE HIGHLIGHTED SENTENCE, EVERYTHING AFTER THE WORD ZONES IS STRICKEN? SO IT'S, I I MEAN, THAT WAS JUST WHAT I SAID. I DON'T, I THINK THAT'S WHAT THIS COUNCIL WANTS TO DO. I JUST WAS TRYING TO OFFER A, I WAS TRYING TO INTERPRET WHAT EVERYBODY WAS HAVING THE BIGGEST HEARTBURN OVER, AND IT SEEMED LIKE THAT THAT PIECE OF THAT SENTENCE WAS WHAT WAS CONCERNING TO OTHERS. SO, RIGHT. SO I, AGAIN, I WAS TRYING TO OFFER AN EXPLANATION AS TO WHY MY, AS TO MY UNDERSTANDING AS TO WHY THAT CAME FROM OUTSIDE COUNSEL. UM, IF I'M BEING ASKED, I, I DON'T SEE A PROBLEM STRIKING THAT HAPPEN, BREAKING THOSE FIVE OR SIX WORDS PHRASE, USE OF A PHRASE. UM, I, I MEAN, I I, THAT THAT IS WHAT I, I'M JUST STATING MY OPINION. MY, MY OPINION IS, UM, YES, WE NEED A DEFINITION. I TOTALLY GET THAT. WE CAN'T, UM, THAT THERE ARE LOTS OF CONDITIONS [02:05:01] AND THINGS AND TECHNOLOGY DEVELOPMENTS THAT WILL HAPPEN THAT WE ARE NOT GONNA KNOW ABOUT RIGHT NOW. BUT I FEEL LIKE WE DO NEED TO, TO DEFINE IT. UM, I FEEL LIKE THEY, THEY DID VERY COMPREHENSIVELY DEFINE IT. I'M NOT COMFORTABLE WITH THAT PHRASE. UM, LEAVING IT IN WRITING. I, I AM PRESENTING IT TO THE PUBLIC. 'CAUSE I THINK EVERYONE WILL READ, THERE'S STILL AN OUT, WELL, THE WORD ACCEPT, RIGHT. AS AN ENGLISH MAJOR IN ENGLISH. THE WORD EXCEPT SUGGEST THOUGH, ALL BUT GEORGE DIDN'T FINISH SELMA. OH. OH, I THOUGHT HE DID IT. HE DID. I GUESS ALL I WOULD ADD IS THAT THERE'S A CONSENSUS TO REMOVE THAT LANGUAGE, THAT PART OF THAT LAST SENTENCE. THEN THAT VERSION CAN GO TO PUBLIC HEARING. AND, AND OF COURSE I WANNA REMIND THAT THE, THE, UH, ADMINISTRATIVE MORATORIUM WILL EXPIRE AFTER THIS MONTH, WHICH WE COULD ENACT ANOTHER MORATORIUM AT A WORK SESSION. EVEN AS WE LEARNED MY, MY FEAR IS 1 75. NINE DASH THREE ALSO USES THE VERBIAGE EXCEPT BY SPECIAL USE PERMIT OR AN ALLOWABLE BY RIGHT USE. AND THEN WHEN YOU FOLLOW THE WORD COMMERCIAL SPECIAL USE PERMIT TECHNOLOGY BUSINESS, WHICH IS DEFINED AND KICKS YOU BACK TO DATA CENTER, IT IS NOT UP TO THIS COUNCIL TO GO IN AND LOOK AT THIS APPLICATION AND SAY THEY'RE CLAIMING TO BE A TECHNOLOGY BUSINESS IN THE COMMERCIAL OR INDUSTRIAL PARK. IT'S WHOEVER THE ZONING DIRECTOR IS OF THE TOWN OF FRONT ROYAL AT THAT TIME AND WHAT THEY CONSIDER THAT TO BE VERSUS WHAT THE PUBLIC OR THIS COUNCIL CONSIDERS THAT TO BE. IT COULD BE VERY DIFFERENT, WHICH IS WHY I DON'T REALLY ROOM FOR AMBIGUITY. IT, IT FEELS LIKE THAT THIS IS NOT BE A GOOD THING TO BE ON SEPTEMBER 28TH UNLESS ANYBODY ELSE IS DISAGREEING WITH ME. AND THE REASON WHY I'M SAYING THAT IS, IS THAT IF JUST REMOVING THOSE WORDS WOULD BE ENOUGH FOR EVERYBODY TO FEEL COMFORTABLE WITH IT, I, I WOULD SAY LET'S DO IT. BUT I MEAN, NOT LET'S DO IT, BUT LET'S TAKE THAT FORWARD FOR THE PUBLIC HEARING AND GET INFORMATION. BUT IF THERE ARE OTHER CONTRADICTORY PARTS TO IT, WHICH I WOULD HAVE TO REALLY LOOK AT THEM MYSELF TOO, JUST LIKE EVERYBODY ELSE IS. UM, I, I, I FEEL LIKE WE COULD SIT HERE ANOTHER HOUR OR TWO AND KEEP TALKING ABOUT IT, BUT WE DON'T, WE'RE NOT GONNA GET THE ANSWER TONIGHT ABOUT, OR UNLESS WE LITERALLY SAT HERE AND STARTED STRIKING LANGUAGE. AND IF Y'ALL WANNA DO THAT, I'LL SIT WHEREVER Y'ALL WANNA SIT AND DO WHATEVER YOU WANNA DO. BUT IT ALMOST FEELS LIKE, IT ALMOST FEELS LIKE IT'S NOT READY FOR, THIS COUNCIL ISN'T COMFORTABLE WITH THIS VERSION TO GO FORWARD AND I, AND WE'RE NOT TAKING VOTES. THAT'S NOT WHAT I MEAN. I JUST WANNA KNOW, ARE YOU COMFORTABLE WITH TAKING IT FORWARD AS IT IS? IF YOU ARE, LET ME KNOW. IS THERE ANYBODY THAT SAYS, LET'S JUST PUT IT OUT THERE LIKE IT IS. OKAY. UM, IS THERE ANYBODY THAT, THAT IS COMFORTABLE WITH JUST REMOVING THOSE NINE WORDS? 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10 WORDS AND PUTTING A PERIOD AFTER ZONES AND OKAY. AND JUST, YEAH, I'M OKAY WITH THAT. IF WE CAN MIS REMOVE THE SPECIAL USE FROM OUR ACCEPT PART OKAY. WITH THAT. ALL RIGHT. ARE, ARE, I'M GOOD. OKAY. ARE MOST PUT WITH THAT. OKAY. ALL RIGHT. OKAY. THAT, THAT'S THREE PEOPLE. BUT LET ME GIVE THE OTHER OPTION TOO, JUST, OR WOULD YOU PREFER THAT WE REMOVE THOSE AND LOOK FOR ANY OTHER PLACE WHERE THERE'S CONTRADICTORY LANGUAGE TO MAKE SURE THAT IT'S AS CLEAN AS THIS, THIS COMMUNITY ASKED US TO DO? I DON'T, I WOULD LIKE OPTION THREE AND I WOULD PROPOSE SEPTEMBER 28TH ON THE AGENDA THAT WE HAVE AN EXTENSION ON THE MORATORIUM OR A NEW MORATORIUM. MM-HMM . YEAH, I AGREE. SECOND, AND PERHAPS THE FIRST WORK SESSION IN OCTOBER, ALL SIX COUNCIL MEMBERS WILL BE PRESENT BECAUSE WITH THREE, EVEN IF THE OTHER THREE WERE DIVIDED, IT'D BE UP TO YOU. SO HAVING THREE TONIGHT READY TO MOVE IT FORWARD ISN'T REALLY REFLECTIVE OF COUNCIL. YEAH. UM, ALL RIGHT. SO THE ONLY DOWNSIDE OF THIS IS THE MORATORIUM EXPIRING BY PUSHING IT LATER, RIGHT? YEAH. YOU SAID IT WOULD BE ON THE SEPTEMBER. NO, I'M, I'M SAYING, I'M SAYING THE ONLY REASON WHY WE WOULD WANT TO DO IT FASTER WOULD BE BECAUSE OF THAT. BUT THE WAY THAT WE CAN CIRCUMVENT THAT PROBLEM IS BY, IS BY EXTENDING THE MORATORIUM, TAKING A VOTE TO EXTEND YOU MADE THE MOTION THE FIRST TIME OF THE MORATORIUM. YEAH. BUT IT IS NOT A MOTION. 'CAUSE WE'RE NOT TAKING ACTION TO THE WORK SESSION. NO, I'M SAYING AND, AND THE THE 28TH MEETING, IF SHE WANTS, SHE CAN MAKE IT AN EXTENSION TO IT FOR YES. YEAH. CHRISTMAS. YEAH. THAT'S, THAT'S WHAT I WAS SAYING. I WAS SAYING THAT YEAH. WE'RE ALL SAYING THE SAME THING. THE SAME THING, [02:10:01] WHICH IS LET'S WORK, WE'RE ALL GOOD. IT SEEMS LIKE A LOT OF PEOPLE WANT THOSE 10 WORDS REMOVED. MM-HMM . AND THE OTHER THING IS EVERYBODY NEEDS TO LOOK THROUGH ANY OTHER CONTRADICTORY LANGUAGE BETWEEN, UH, NOW AND THE FIRST WORK SESSION IN OCTOBER. WHAT ABOUT THE ATTORNEY THING THOUGH? ABOUT I WOULD LIKE TO BE ABLE TO HEAR FROM THE ATTORNEY THAT WE HEARD FROM ALREADY, UM, AS A COUNSEL, NOT BECAUSE WHILE I APPRECIATE AND RESPECT GEORGE AND HIS LEGAL OPINION AND JOE AND HIS MANAGERIAL STANDPOINT, THE COMMUNICATIONS I READ WAS FROM NEITHER OF THEM. BUT I DID READ COMMUNICATIONS FROM STAFF THAT I DON'T THINK WERE INTENDED FOR COUNSEL TO SEE. AND I HAVE SAID EXPLICITLY BEFORE, PART OF THE LAW IS INTERPRETATION. I KNOW MR. SON SEES IT IN COURT EVERY DAY. WHAT ONE PERSON INTERPRETS AS THE LAW VERSUS ANOTHER PERSON CAN BE A LOT DIFFERENT. AND SO I DON'T, I DON'T THINK THAT IT'S AN UNREASONABLE ASK HERE. WE'VE WE'VE PROGRESSED AS A COUNSEL FROM WHEN WE SPOKE TO THAT ATTORNEY LAST TIME, AND SO I DON'T, I DON'T SEE WHAT THE HARM IN GETTING A FOLLOW UP NOW THAT WE ALL ARE ON THE SAME SAME, IT CAN BE IN WRITING IN, IN AN EMAIL. IT DOESN'T HAVE TO BE IN PERSON. BUT I, I MEAN, I WOULD RESPOND TO THAT EMAIL WITH MY QUESTIONS. UM, BUT SO WOULD IT BE BETTER TO HAVE THE QUESTIONS? I WOULD RECOMMEND THE CLOSE. OKAY. ALL RIGHT. DO WE WANT LIKE A BRIEF LIST? LIST? WE CAN'T, WE CAN'T DO THE CLOSE. WE CAN'T DO THE CLOSE ON THE 28TH AT THE END. 'CAUSE EVERYBODY WILL BE FRIED BY THEN. SO WHAT ABOUT BEFORE? I KNOW IF THAT'S WHAT I'M ASKING. THAT'S WHAT I WAS GETTING READY TO ASK IS DO YOU ALL, WOULD YOU ALL PREFER A CLOSE ON THE 28TH? IT'D SAY LIKE 6:00 PM GIVING US AN HOUR TO MEET WITH THE OUTSIDE LEGAL COUNSEL AND THEN WE WOULD SO WE WOULD, WE WOULD CONVENE, WE WOULD GO STRAIGHT INTO CLOSE AND THEN MORE THAN LIKELY WE'RE GONNA HAVE A CLOSE AFTER IT TOO. I'M JUST SAYING. SO AS LONG AS EVERYBODY KNOWS IT'LL BE A LONGER, ALTHOUGH THE AGENDA ITSELF ISN'T TERRIBLE FOR THE 28TH, WE GOT THREE PUBLIC HEARINGS. WE GET MORATORIUM, EXTEND IT. YEAH. BECAUSE WELL, WE'LL GET THE LANGUAGE WE WANT AN APPLICATION. YEAH. WE'LL GET THE LANGUAGE FOR THE MORATORIUM. WE'LL GET THAT SO THAT IT'S THERE THAT NIGHT. AND REGARDLESS, THAT'S SOMETHING THAT WE ALREADY YEAH. I WOULD SUGGEST A 60 DAY EXTENSION. OKAY. WHICH WOULD BE OCTOBER AND NOVEMBER. I MIGHT BE PUSHING IT. I'M NOT, BECAUSE WE'RE GONNA MEET IN OCTOBER. I RECOMMEND KEEPING IT AS SHORT AS POSSIBLE. OKAY. ALL RIGHT. WE CAN ALWAYS SUSPEND IT AGAIN. YEAH, THAT MAKES SENSE. OKAY. UM, AND I FEEL CONFIDENT AFTER SEPTEMBER 28TH WE HAVE OCTOBER WORK SESSION. THAT COULD BE ON IN OCTOBER. I FEEL LIKE. WELL THE ONLY PROBLEM WITH THAT IS WE'RE GONNA GET, WE'RE GOING GET THERE. OH YEAH. BE THE 28TH. WE'D HAVE TIME TO GET SOME WORDING CHANGE BETWEEN NOW, BUT IT DOES NOT NEED TO GO BACK TO THE PLANNING COMMISSION AT THIS POINT. IT'S JUST, UH, US TRYING TO FIND THE LANGUAGE THAT WORKS AND THE LEGAL COUNSEL GIVING US THE, GIVING US THE, UM, NO, THE, NO. THAT, THAT'S A GOOD, GOOD STEP OR TO, TO PUT IN PLACE WITH THE CITIZENS WERE ASKING US TO. ALRIGHT. I THINK THAT'S THE END. THIS MOTION TO ADJOURN. YEAH. ADJOURN. CAN'T STOP THAT. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.