Town Council - Regular Meeting

should be good. Good evening and welcome. Today is Thursday, February 5th, 2026. It is 6:07 p.m. and I would like to call to order the town of Bowling Green Town Council meeting. Would everyone please rise for the pledge of allegiance? I aliance to the flag of the United States of America to the republic for it standice. And at the end of it, I will call for a motion to allow Dr. Chenalt to participate in the meeting electronically. Miss Davis

here. Miss Mr. White here. Mr. Webb here. Vice Mayor Coyle. Yes. Here. Councilman Stor is not here this evening. Mr. Haggamman here. Ask for a motion to include Dr. Chenalt. I'll make the motion to include Dr. Chenalt in this meeting. I'll second again. I have a motion, a second. All in favor, raise your right hands. Welcome, Dr. Chenalt. Thank you.

All right. First item on the agenda is the consent agenda. Is there anything from item one through four that anyone on this council would like pulled out for further discussion? I have a couple things.

Which numbers? Um uh minutes and the administrative code. I'd like to ask for a motion and a second and then during discussion you can tell us what will that work for you? Good to me. I'm asking for a motion to accept the consent agenda. So moved. Thank you. Second. I'm sorry.

Sorry to stop the train. Uh, one clarification um on the on the ratification of the recent emergency declaration. Um, it it could be considered self operating that it ends. But I think for just to be clean and and absolutely follow the statute, I think we should not only ratify the declaration but also end the end the emergency. I'll tell you what, let's back up here. Can you withdraw your motion? Withdraw. Withdraw. Thank you. Let's look at item number one. You had questions with the minutes. Yes, Vice Mayor Coyle.

Simple. Um, since this is a formal document on the votes in the back where it has all our names, can we put our first names on there? My microphone, please. Sorry. So, on the minutes in the back where it has all of our A's and N's, can we add our first names? These are official documents. I mean, there could be 10 different Hegman, Stors, Coils, Voits, etc. So, I just if we have our first names on this document, I would think that'd be great. I don't think that's an unreasonable request. Can that be accommodated, madam town manager?

No, in the future. Yeah, if we do in the future, that's fine. You don't need to change it. Thank you. So, um, let's go ahead and give me a motion to accept the minutes if they're Okay, I move to accept the minutes as presented and I'll second. Okay, I have a motion and a second. Any further discussion on the minutes? All in favor, raise your right hand. Motion. Thank you, John. Motion carries. You just keep doing that. Okay. Okay. I need a picture of you up there. Okay. Let's move on to item number two, the emergency declaration, ratification. You say we need to make a motion to end.

Yeah, ma'am. Mayor, so under state law, obviously it's an emergency. Your manager is able to declare it. Um, but it does require council to later ratify that decision. Correct. I think it's also makes sense at this time, assuming the emergency is over, to to to the motion would be to both ratify the declaration and to end the current emergency status. Okay. I I'll move to ratify the e declaration and end the state. So, I have a motion from Councilman Voit. Is there a second? Second from Councilman Hagerman. Is there any further discussion? I'm going to take a roll call. Ask the deputy clerk to take a roll call, please.

Yes. Yes. Council member Webb. Yes. Council member Boy. Yes. Council member Davis. Yes. Council member Chanel. Yes. Motion carries unanimously. Item number three, RFP, pump and hall contract award, Dreamfield Solutions. Do you have something to add to that?

I'll just give a brief background. Uh we put out a RFP for our pump and hall um services. Uh we went through the proper procurement processes for that, posted it um to EVA. uh had some respondents um and Drainfield Solutions was uh provided the notice of intent to award based on their um lowest bid um which is a little bit cheaper than what we're paying currently. So uh staff is recommending approval there. And then as of for the administrative code section, we talked about that at the retreat. Um and the only addition that Mr. Gors added is the emergency um decl or emergency powers for the town manager in in the state of emergency. Um, so just a bit of background there for that one as well.

Very good. So, um, can I have a motion to accept items number three and four on the consent agenda? I'll make the motion. I move to authorize the town manager and the town attorney to execute contract with Drafield Solutions LLC in the amount of $257,920 and coordinate with the vendor all necessary details regarding the delivery of services. I um I'll second. So I have a motion and a second for item number three. Any further discussion? I have a question.

That's next for I'd like to take a roll call, please. Deputy clerk. Yes. Vice Mayor. Yes. Yes. Council member boy. Yes. Council member Davis, yes. Council member Chanel, yes. Motion carries unanimously. Next item number four, administrative code section two. Um, our town attorney just spoke to that. What was your question, Vice Mayor Coy?

Yeah, I just had two quick questions because I'm just confused on one thing. On the arts commission advisory board, do we even have one? We used to, they dissipated or Right. I was going to get with the um town manager about that for setting one up for this spring because but we don't have one at the time. Gotcha. At this moment and the only other comm question I had on planning commission commission members may be compensated for services. So when I was on planning commission for several years I got paid $100 a year. Okay. We did. For some reason when another administration came in that seemed to disappear.

Not sure why that wasn't. So I guess I'm confused here as may be when it was a be. Yeah. They said withdrew payment one time and council didn't get payment. Right. So, is this something that needs to be voted on again or changed or I I guess the challenge is after reading it or Mr. Gore went through that he had no idea that planning commission actually did get for many years a statement. Yeah. 100. I don't know how that gets corrected or you just whoever took it away.

I think it was that year that Yeah. My council didn't take a paycheck the whole year too and I think it just never got back. Gotcha. Yeah. During that was during co Well, no, the planning commission side never came back. I guess I was exhibition. My last right my last council or my last planning commission meeting. It was the end of the year before I became took this office and I got a check. We just we did not get a check for one year. Now I can't speak to it since I've been sitting in this seat. So I think council can give direction if you all want that included in the budget process for planning commission and I believe that EDA can be paid as well. So I just need to know who you all want to be paid and how much and we can do that.

That clears my confusion but I don't think this precludes it from that. No and it and it should be tracking state law. I mean, so there's there's provisions for these commissions and bodies to to receive essentially a per DDM, but you know, for the meetings be paid, but it's not a mandate, right? The council do it. So yeah, to to your manager's point, I think that's a the So this is just your code, your policy. You can decide, yeah, is we're going to pay on the maximum or we're going to Yeah.

Any other discussion? So, um, I'd like a motion to accept item number four on the agenda. So, moved. Thank you. Second. Second. I have some first.

I have a motion and I have a second. Is there any further discussion? All in favor, raise your right hand. Motion passes. Done. Thank you. Oh, what an evening. It's been a long day, people. We will now open up this section to public comment. When if you have something to say, please come forward. State your name, your address, at which time you have 3 minutes to speak. Know that um we are listening to you. Our rules do not allow for us to engage in conversation with you during this time. Um, I would like to now open public comment. Going once, going twice. I will now close public comment.

Moving on to member comments. Dr. Schnalt, I'm gonna start with you. Uh, no comments. Okay. Miss Davis, I have none. Councilman Boy, I was only going to say happy birthday to Mr. Stork, but he decided not to be here. Well, happy birthday to you. Yours was to Monday. His was more recent. Oh, okay. Councilman Webb, no comment. Vice Mayor Coyle, no comment. Councilman Agamman, sure.

Go for it. Um, they're not here tonight, but I just want to acknowledge B&H Improvements for the great job that you did cleaning the business district at Bowling Green from all the I don't want to say snow, but the ice. That was it was pretty bad. So, kudos to them. Thank you. All right. Next on the agenda, staff reports. Item number five, um

I will fill in Mr. Bates. Yeah, Mr. Bates is transitioning from um his role in the residency. Um but hopefully we'll get someone from BOD here in the future. I will just provide Oh. Oh, you're here. Okay, great. Sorry, I didn't even see Giovani. You can come on up. Sorry. I didn't know who you were. I'm sorry. Button on the bottom. Yeah, you got it.

Hey, good evening. My name is Giovanni Espazto. I'm the uh assistant residency administrator with the Fredericksburg residency office. Uh as you mentioned, Kyle has uh moved on to to bigger and better things um at the district office at this point. So, uh I will I will take on the role of doing a quick transportation briefing on on a few of those items that we discussed uh before. Um I apologize I didn't send in any of my slides that I have here, but I'll I'll go ahead and and walk through them and obviously if you guys have any questions at the end. Um, good evening, council members, uh, town manager. Um, like I said, Givvani Espazito with the Fredericksburg Residency Office. Um, and I'll just give a quick a few quick up transportation updates. Um, the first one I wanted to update you all on was the 207 northbound bridge project that's just outside the limits over here. Um, that project is moving along very nicely. Um, that is uh that is funded through our state of good repair program. Um, so that's being funded with with state resources. Um, that project is a a full superructure replacement and some substructure rehabilitation that's going on there. Um, obviously we have that current detour in place that's uh pushing all the traffic onto those southbound lanes one way in each direction. Um, the current timeline that we're expecting, I checked with our our construction staff this morning, is completion in June by the end of June 2026. Um so so it is moving along very nicely. Um right on schedule. Uh the other one I know that that there's a lot of interest in is the 301 Chase Street project. Um that is a 14.1 million um dollar smart scale project. Um that is that is being through funded through the the smart scale program. Um the the big improvement there is the the continuous green tea. um an innovative intersection at at Chase Street and 301

over there. Um as well as closing some crossovers, um some some parking improvements, some lighting improvements, um some pedestrian improvements as well. Um we're we're very excited about that one. We're we're looking that that one moving towards the right of way phase of the project moving forward um in the fall. Um so in the fall that we will be moving towards right ofway and utilities phase of that project and any of those impacts. Um, and we're still on schedule for construction start in 2028 on that one. Uh, and then lastly, I know there was some other items that were that were passed along to me that I wanted to to brief brief you all on that we were working on on for you guys. Um, one of those was crosswalks in the area. I know there was some some interest in getting the the flashers, we call them the the re rectangular rapid flashing beacons, um similar to what we have over there in front of the food line on Broadus currently. Um we I we did evaluate the the two main locations that that were of interest. One of those being right right nearby that one at at the food line at the McDonald's area right at that intersection as well. Um that one does does qualify for rectangular rapid laughing beacons. It meets the the minimum criteria. Um the really those decisions are are largely made on the kind of the lane configuration of the road, the traffic and the speed limit on the road. Um so it qualifies. Um at this point we don't have any funding identified for for a project like that. Um typically it would require some kind of safety funding. Um normally we would recommend the the secondary six-year plan. However, obviously 207 being the road, it is a primary road. So that's not necessarily the funding mechanism we can work towards on that. Um, but uh the current estimate for it is is right around $140,000 is probably what it would take to get that to install. Um, but but as I'm mentioning, we don't have

any funding identified at this time. Um, the other location was at North Main Street um right at the Atlantic Union Bank over there. Um, that crosswalk location was was being discussed. That one does not meet our minimum criteria um for for being recommended for these rectangular rapid flashing beacons. Um the speed limit is is 25 through that area currently. Um there are some other solutions potentially kind of narrowing the road through there to to make that distance a little bit shorter that people are crossing, but that one does not qualify for the wrapped flashing beacons at this time. Um a couple other things that that was on the list. Um the yellow no parking at the corner of Maine and Milford was was brought up as well. Um VOD does not paint yellow curbs, so that is not in our jurisdiction. We don't do that. Um I know a lot of times early um when when we're doing projects or development, sometimes those things are added in there um supplementary, but um as VOTE, we don't do the yellow curbs. Um, we we do in some instances do the no parking signs and in general we try to follow along with state code on those in terms of where we're putting them. Particularly the state code requiring a certain distance from an intersection that that you can't be parking within. U mainly for site distance reasons and operations reasons etc. Um but uh I you know I don't know all the the specifics or all the history on on that in in in particular but the yellow no parking um curbing is not is not a VOTE thing that is that is something um that can be handled otherwise. I know that the again the 301 Chase Street project does do some improvements in that intersection um that that'll kind of narrow that up and and maybe change some configuration there. Um but but that that is not us. Um, excuse me, Giovanni.

Yes, ma'am. You said that is you don't do the yellow curbs. Are clarify that meaning that you don't physically paint them, somebody else does it, or that VOTE doesn't approve of the yellow curbing. Which is it? We don't we don't approve or disapprove of the yellow curbing. I think generally if it's if it's in our rightway like we prefer to have a permit um for any of that work to happen. Um the the yellow curbs are supplementary in in most instances to just no parking jurisdictions. Right.

So if you didn't paint the curbs yellow, who did? That's I guess that's where I'm headed. I'm I'm confused here. I thought VOTE took care of that curb painting. And so now I'm really confused. who's sneaking into town like a elf and painting the curbs.

No, that's that's that's fair. And I I know um I know in some instances, again, I don't know the specifics of that one. You know, fire departments will sometimes request yellow curbs and and take that initiative for them if if there's some operations reasons for that. Um but yeah, the yellow curbs are not something that that we either maintain or or install or or particularly have code or or or specifications. The yellow curbing got extended down as you if you're heading south on Main Street and you make a left on Chase. Okay. On the right hand side, the Eastern Star is full of elderly ladies. Okay.

They used to be able to park right there in front of the thing. And then all of a sudden it's yellow and it's a no parking zone for them. And when I said, "How did this come to fruition?" I was told that VOTE did it because it's a state road and you couldn't park in front of the lodge. So, this is why I'm asking you point blank. You're telling me y'all didn't do that?

We do not install yellow curves. Yes, that is that is correct. I I mean, my recollection was that the town did that when they went through and did the strike spaces on Main Street. I mean, that's when I remember all of that happening. So I think that was a town initiated, you know, probably before any any of us, but I think another town manager had all that done. Can it be undone some of it? I I mean, it sounds like to me we we can VOTE does not care. We we don't we don't have a

I know there's a certain distance from the corner you can't park because on planning commission we would have to deal with that. But again, I was very confused why all of a sudden the whole side of the street was no longer accessible. And I think I can answer part of that. Go ahead.

So when Eastern Star people like to park at the ice cream parlor, you line up on Chase Street, the cars are parked there. The problem is when you're coming to um west on Chase and the cars are parked there and a car is turning from Maine onto Chase, no one goes anywhere because all of these cars that are parked stop the car from turning and the cars that want to go west cannot. and and it just creates

I and I understand but that has to do with the line of sight and that's why we had the curbing there and that's also why the stop heading west on Chase is the line is way far back so there's enough turning radius for the vehicles but then they extended it beyond because because it got so out of hand I think that's so whomever the elf Okay, that's what I'm supervising. I want you to know even as mayor, I don't have all the answers. I'm still finding If it helps, our public works department and police will take a look to see if there's anything we can do to either undo or make it stand.

I don't think there's enough room to park on that street right there. I mean, you got two lanes and they're both active lanes and I don't see where you could park there. There's not enough room to pull over and still keep that lane open. my opinion they've been doing it for decades. Well, time to change become a problem. Anyhow, is there are there any other questions for Giovani? Go ahead, Mr. Web. You know, there is an area um a gravel area just south of town on 301.

Mhm. um right where the off-ramp and um you familiar with the area I'm talking about? I mean it seems to be an area that um everyone uses to store in you know commercial industrial trucks, vehicles. Why is that? Um obviously that that is VOTE property in there. Um I I think it is actually limited access property through there as well. It is. Um

um obviously um we don't endorse or not endorse uh any any vehicles that are parking there. Um it at the end of the day we we would reserve it for authorized vehicles only. I think that's probably the intention. You know, if a if a police officer needs to park there, etc. Um, I will say that if if vehicles are parking there and they're not authorized, um, it's well within anyone's right to to remove those vehicles from from the police department, state police, etc. Um, as as VOTE, you know, I I mostly care about the the safety of the roads obviously and and we want that area to be clean and and and and presentable for for the town obviously as well. Um, but I'm not necessarily gonna police which vehicles are in there at any given time if if that's

Yeah. I mean, it seems to be a lot of large trucks parked there and they park there over extended periods of time, maybe at night. Sure. Um, who then whose responsibility is it to police that? Or are we all allowed to park all of our stuff there? I mean, can I move my vehicles in there and and store them and

obviously um from the No, I I I understand your point, right? And and from the VAT perspective, you're you're very correct. It is it is VOTE right away at the end of the day. It's that property. Um uh I I again the intention would be for it to be for authorized vehicles like like if if we needed someone else there but in terms of the enforcement of it um as VOTE I'm not necessarily I'm not necessarily dedicating resources to to going in there and and policing that regularly so long as it's not interfering with with our normal operations. Would VOTE be willing to entertain the thought of giving the town net land?

Um, I don't I don't want to speak to that. Obviously, the the the right of way and property management process. Um, I mean, it's not being used for anything. We could use it for parking and all kinds of stuff for our events and stuff in town. Sure. Yeah. And and I I think that VA would at least be amendable to to having that discussion. Um but um in general, right, like speaking back to your point, um we're we're not going to police which vehicles are in there from the VOTE perspective. We're we're not an enforcement agency in that way.

If we wanted to have, you know, I know at one point there were seemed to me to be more signs and then signs got removed and probably, you know, VOTE uses that as a staging area for certain construction projects while they're doing that over time. I certainly understand that. But, you know, at one point there were uh more uh no parking signs that were on the perimeter to help, you know, prevent that. But, you know, when I drive by that, it just seems like real eyes sore and it seems to collect things and it's something I feel like we ought to as the town tried to to help to alleviate. Um I know that they probably do park there under certain events, but um you know, it just has more of an industrial look to me. So, we actually did discuss this at our retreat.

Um, and Miss Adams Jacobs could probably give you some additional info to answer some questions.

Well, uh, in our conversations, uh, with Mr. Bates before he transitioned, we did talk about, uh, VOTE having a more um, involved role with, uh, maintaining the property so that it was not an eyeshore. um we have not since had those conversations. Um as this transition I think is is is relatively new. Um but also understanding that uh enforcement could be um a a shared partnership so that in the event that there were vehicles there that were parked for a prolonged period of time and if they became a nuisance that obviously that's something we would have to work on uh collectively because it is their property. So any other questions? Thank you so much. Thank you.

I would also just add one of the other things that came up. I think there was a citizen comment prior about um tree limbs in the rightway for for for our walkers. And uh Kyle did have um someone come out and cut uh the trees back on some of those. I think there was two specific areas um that needed to be cut back as those limbs were um obstructing. And that might have been I think maybe Miss Giles might have made that at a prior um meeting maybe two two meetings ago. And I think VAT did come out and the chief did inspect that work while um as well as public works while that happened. So internally if there's any other similar similar issues that you're having, let me know. Um and we'll be happy to jump on that from magnet perspective.

Giovani, how often can we expect you to come and address this council or is that something that we just request of you? Um cuz sometimes there are times we wish we had had VOTE here and it's been difficult to get somebody here. Sure. You can you can certainly request me whenever you'd like. I don't know how often how often that would be. I know I we try to brief our localities at least quarterly. Um so if if that's something that's in your preference, um we're we're happy to oblige in that respect. And may I have a copy of your business card, please? Oh, absolutely. Thank you. Yes, ma'am. Have a lovely evening. Thank you.

Thanks, sir. We will move on to item number six and that is the annual report and the monthly report and our town manager Miss India Adams Jacobs will um review this for us. Uh thank you madam mayor. um include encloses the report uh for our 2025 annual report um that really just gives a full synopsis of all the things that um were accomplished in 2025 which was um kind of a record year um for us. I will not uh belabor it by speaking to every item. Um but under the town accomplishments under utilities um you see there with the grant funding that was awarded the emergency um projects that were completed uh grant funding planning and implementation from our uh GIS utility mapping and asset met management system um that uh the town has wanted for several years to be in place. We have that now for internal asset management as well as the $45,000 grant for our hydrogeeological source evaluation project which has helped inform our uh water quality projects as well as um pictures of one of the hydrants that was replaced um council um directed us to replace um those three poor uh hydrants. There's a picture that you see there. Um there's also uh proactive management of our system um and programs that are looking looking to be um put in place in 2026. Um one of which is on the uh I on the agenda tonight. Um as well as a number of other um items as it relates to uh town council priorities established at prior retreats. um the completion of the audits as well as um connections to our our team as well as uh economic development initiatives uh partnering with our main street that has uh

progressed this year as well as um highlights as it relates to business community engagement, regional marketing and tourism um as well as partnerships with the county. So um as well as improvements to our vibrant downtown. Um, one of the images you'll see there is, um, the improvement of our gateway signs. Um, prior, I think last year, council member uh, Stor, Chenult, and Web donated their salaries and, uh, the donation of those salaries went to, uh, the beautifification of the signs um, for two of them. So, we will hopefully have um, two more next year um, uh, that that will be repaire repaired as um, gateways into our town um, as well as partnerships that we have with our schools. uh highlighting the 2026 literacy program and this weekend we'll obviously host that Caroline Reeds events in our downtown as well as a 5K in May. Um so just uh thanks to everyone who's been involved including our staff and council um for direction and partnership uh through 2025 and then you have my regular monthly report which highlights um most of the operational and administrative duties um throughout the month. And with that uh that'll conclude my report.

Thank you. Are there any questions for town manager at this time?

I don't have a question, but I just want to thank miss any a um Adams Jacobs for doing an annual report. Um I believe it's the first one in the history of this town. I go back to before Steve Manster when I asked for an annual report and I was told there are none. So I think it's important document. I think it gives clarity to what the town is doing. It gives information to residents just to see progressive and things that are happening and it is time consuming and takes a lot of challenge and I really thank you and the staff for doing that. Any other comments, questions? Moving on to item number seven, we would like to welcome up Miss Hope Toiver, our finance director. Good evening.

Good evening. Hello.

All right. So, for my report, um the status of the town audits, um we were expecting to get a draft by the time of this report. We just received it 2 days ago. So, uh we are reviewing that. So, hopefully we'll get that finished sooner rather than later. Um, in terms of Southern Software, um, we have gotten them to create a custom utility collections report, um, that we can use for delinquent collections on utilities, um, along with our delinquent tax collections. Um, and with that, we also have received a contract that we're reviewing with tax uh, TACS for, um, delinquent collections for our real estate and personal property as well. Um, On the utility billing front, um we investigated 31 vacant meters that was showing on our RNI system and seven of those were found to be active with usage, but they didn't have accounts with the town. So, free water for people. Um and so all of those except one are now going to be build accordingly. So, we've gotten them to establish their accounts with the town. Um the most recent utility bill that was sent out um in January, it's going to be due on the 16th. Um and those dates have also been added online with an external calendar for people to view as well um in case of you know, you know, the mailing issue. Um so we have that out for people to view so they know when their bill is going to be due and when to expect a bill and they can call and reach us, you know, and we can send them a bill if they don't have a copy of it yet. Um, we've had five town hall rentals um, more than usual. We've been getting a lot of those, so that's good for the town. Um, and then our leak policy and, um, leak SOP that we created has been working very well for us. Uh, if people are thinking that they have a leak

potentially and their usage is high, they'll reach out to our email and we do our due diligence to follow up with them. And we were able to uh, have four account adjustments uh, due to leaks. So, So, thank you. Does um does Sean let you know I know he's contacted me before and said that I think you have a leak or something's gone cuz your meter's running and sure enough a hose had busted or something, which I very much appreciate cuz I don't want to have to pay for water that's running on the ground and it's not good for a water system. Is that um something that you were talking about you charged you're going back and taking care of this? Is that something that

Yes. So um you're contacting people like he did me so that Yes. So um since we had our training with census uh back in December, right? um we all have, you know, better knowledge of how to use that system and how to create reports for ourselves to see um if there are any alerts or if there are any like constant usage for different meters. So, we can reach out and say, "Hey, you might have a leak." Um and Sean will either reach out or we our billing department will also reach out. We have a shared email to stay in contact with those people and stay out of it. Thank you. I didn't know if it was something that was

fixed a little bit more. Um I would I would say the the the initial system um that was put in place I think when the meters were put in place in 21 um most of the staff that were here obviously have transitioned out of the organization um and so we um I established a contact with the company and we had a in-person training here with public works and finance and so we established some internal process there um which also identified a number of stale meters that either didn't have account numbers attached or some that were just faulty and then some that were not connected to accounts period. So, in terms of a process improvement, we've established that process as well as uh the leak door hangers that you all saw. So if there is a suspected leak, uh staff, the public works staff goes out and puts that door hanger on the door for the customer and then they have the ability either call or email that leaks um email directly and then staff between finance and public works goes out to either inspect if it is more than the 24 hours based on the alarm um and then notifies the customers and we give the customers the opportunity to notify us so that they don't have an exorbitant build on the back end. So a way that we are improving obviously customer service and notification to the public.

Thank you. Are there any questions for Miss Taller at this time? Thank you so much. Next, uh Chief Cecil, is he here? Taquan. Chief Cecil is away at uh the chief's conference um for his professional development. So, we thank him for um working on that um to bring back great ideas to the town. Um but I'll ask Mr. Irvin to come up if he has anything he'd like to say uh on behalf of the department. Yep. Good evening. Welcome. My first time up here. You're doing great.

Thank you. Thank you. I have no reports other than um on behalf of TC or myself, thank you for all you guys do. um all the hard work you put in and all the meetings that you guys sit and u discuss things that I have no idea but I'm learning. I just thank you again and I we appreciate y'all. We appreciate you. Thank you.

I'd like to thank Chief Cecil and uh Officer Irving for all of their work during the the snowstorm um snow ice storm um during the emergency as well as public works even though Mr. Unfortunate is not here tonight. They put in a lot of hours um throughout that um storm and emergency as well as Mr. Smith who helps with the the communications as well as Miss Oliver um on the finance side um in preparation for the storm. So, thank you all. Well, as you heard, Mr. Fortune is not here tonight, but you have a report for public works in front of you. And uh if you have any questions, email Mr. Fortune.

Um during this time, I'd like to bring something up. We had hired um B&H to take care of the uh the snow removal on in Main Street, but in the past, we have done it from the light at at the center of town going north up to basically Anna's hair salon and then back down the other side. We did a little bit more this year because a lot of people are businesses going down Milford Street. Now, I think I don't have a problem with that. I just think we need to have some type of plan set in forth so there's no question of who is going to get this done and who's not because there was a lot of confusion. I mean, we we thought we were done and then somebody else called in the next day and they wanted their stuff done and we sent B&H back out there to do it. I think we ought to have some type of a a map of what area when we do have something like this again, what we will take care of and what we won't. And people will know that right off the bat. Um, do we take care of do we go farther? Do we take care of Union Bank? Do we take care of um the Dollar General? Do we take care of Pits and Mans? Do we take care of the gun store? How far do we go or where are we going to draw the line so everybody's got an understanding of that? I thought our ordinance called for the property owners to remove the their own snow in front of their either business or their home or whoever.

That's all good and safe, but I'm the only one that goes out and does it in front of the hardware store and the town employees go and do it for the rest of the stores. They're not doing it. The the the owners of the other stores are not doing it. I'm the only one that clean clean the streets. Well, a lot of the stores, they're not the owners. They're renters. So that's why they feel

I'm just a manager, but I clean mine and it's my job to take care of the front of my store because I got customers that want to come in, but nobody else does it in town. I I'll I'll say that again. Jose from Los Dose cleans his sidewalk, too, but nobody else goes out and scoops their snow. They rely on the town employees to come and scoop it for him. And Sean come to me and he goes, "We can't scoop this." And I said, "I know you can't. It's like concrete." And that's why we got B&H out there to remove it. But we need to have some type of thing, a draft put in and maybe some something in in the town um ordinances. What what's required of the business owners are the renters of the business. I mean, I truly think if you have 25 ft of storefront and it's on Main Street, you need to clean your own sidewalk. Period.

That's exactly what the ordinance says. the property owners of every building. Then why don't why don't we enforce it? Why do we why do we play why do we pay town employees to go out and clean it for him? That's been a bur side for several years now. So that can change tonight with direction to the that's our why doesn't the county why didn't the county clean in front of the courthouse? Why didn't the county clean in front of their building? Why didn't the bank do theirs? They know people were walking there. But I I hear you, but our ordinance says that property owners andor renters should clean that their own.

Who at what point in time told someone in here that the public works people should shovel snow because property owners couldn't do it. I don't know. This is way before my time. So, you know, for me, we have ordinances. This is what the law states, but things can change. Do we have a fine involved? Maybe that's something. I I don't know.

I I think that as we go through the code section re revisions that this could be something that could be brought up as a specific work session. I do agree that um that I think there were some operational um decisions that were made uh historically um and have not been changed. Obviously, we know that the code and our ordinances in some places are um outdated and maybe not consistent with actual operations. And so, if it is council's desire to have a map, a spe a business district map where the town is responsible for cleaning that off for our businesses because we we say in some instances that we do want to be businessfriendly and support businesses. Um and then it that's something council desires that can be established um and codified if you all like um for from an operational perspective and if you want to stick to that it is a property owner's responsibility then um that's something that can be established in affirm and then future public works staff um I will give them direction to not clean any areas that you all do not want them to clean and if that includes the business district um that's something that can be um directed and codified as well

if the property owner which is what the code says now is responsible. It's not the renters's responsibility. It should be sent to the property owner and the property owner can make his renter clean it up or not. That's between him and his renter. But the owner of the property is the owner of the property. Period. Doesn't matter who's renting it. I know you have a problem with that. I mean, the only thing that I would say majority of that sidewalk is in public rightway. It's not owned by the individual property owners. I think if you go along the property line is right along the building face and so that sidewalk is a public. Okay. Well, the sidewalk is all owned by the state.

I I don't know how that affects anything. It's just getting very technical. I'm just saying, you know, from an or like from an ordinance perspective, we want to keep that in mind. Most jurisdictions, I think it would be a good idea for clarify property owners to take care of it. I think one of the problems we had with all of that ice, you know, is the the pile between the curb and the travel way where you would typically park, you know, what do you do with that? Um, that was probably one of the biggest items

and it was a nightmare this time. And I mean, it was all ice. I mean, it just Sean and them guys could not could couldn't physically do it. And that's why we had it removed this time. And I don't have a problem of hiring them doing it, don't get me wrong. But like when we get three or four inches of snow, I mean, I think I think whoever's whoever's renting a store or owns a store should be cleaning their sidewalks. I mean, that's just the way it should be. You'd almost have to impose a fine to make people follow through with that or send them a bill. I'm not

Maybe a lot of them are not aware we're supposed to do it. I mean, maybe maybe there should be a letter sent to every business. Um, excluding me because I always got mine clean. But, um, you know, but but Randy, you would think that if you own a business and you want people to come in your front door, you would clean it. Exactly. There there was a flyer that went out in 20 or 21. Uh it was was when Melissa sent it out and it was a reminder to everybody to to clean up their own. Yeah. Um I don't know how much of the reason for that ordinance is to get it done or if it's a a liability check though.

What we can do is put a reminder in our next newsletter. We don't know if we'll have as much snow between now and then, but we can do that just as a friendly reminder. Bowling Green Bob saw his shadow Monday morning. And Bowling Green has six more weeks of winter. We don't listen to Pucks Tony Phil. He's two states away. I'm just telling you, Bowling Green Bob saw his shadow. It's official. Okay. Can I ask one other question about that? Go ahead. Okay. Bowling Green Bob or Yes. Yes. I was born on Groundhog Day. No, I I I feel bad for all the groundhogs that are not getting

Nobody's liking them right now. Um, no, I I mentioned liabilities. So, let me let me ask the uh attorney here a quick question. Um, you know, with things that are in the rightway and um you know, potential injuries and everything like that, what is the town's liability at stake um for when we if we're directing the owners to take care of it? we've told them, but if we're then also going back and having our own staff clean it up, where does that put us? We'll follow up with you on that. Sounds good. All right.

Anything else? Let's move on to the utilities report. Mr. Jamie SAS is here to speak to us.

Good evening everyone. I'm here to present the utilities report for December of 2000 what be two December 2025. Um if you could take it to the next slide please. Um so for the month of December is very difficult to read is it is better. Maybe I need glasses too. I'm getting older. I've never needed glasses. So um All right. So, for the month of December, we had an average discharge of 08. I'm sorry, I'm going to have to pull this up on my phone. Do you want my council packet so you can look at it?

Is there one next to you? I might need to get glasses, guys. All right, so for December of of 2025, we had an average discharge of 086 MGDs, which is 86,000 gallons a day. Um total discharge for the month of 2.656 656 million gallons. So that's just over the course of the entire month. Um the water average daily water average daily production was.139 mgd which is you know you can see there that there could have been some leaks where it didn't make it into the wastewater system and a total monthly production of 4.322 mgd. So there's a pretty big difference there. That could be people using water that's not going down the sewer. Um, I'm controlling this um for wastewater December operational notes uh for wastewater is continuing to have issues with the UV sensor which Hayward came out and they provided guidance and changed some settings on the UV system so it didn't alarm. Um it's just kind of changing some set points. If the bulbs are on, generally it's disinfecting. Um the bolt anchoring points for the aation system have degraded and need replacement. Um they're continuing to monitor and make necessary operational changes. That's always ongoing for the water system. uh continuing to treat the waste the the water I'm sorry continuing to treat the

water with chlorine all state required samples were collected and reported the December water report average daily water production we went over that at the beginning.123 MGD for a total of monthly finished water volume of 3.813 813 MGD. A VFT was installed at It looks like it's Yeah, it's not. Oh, yeah.

Okay. All right. All right. So, that last slide didn't exist. Um, so that is that is the monthly report this for December. Are there any questions for Jamie at this time? Jamie, are you going to the plant tomorrow or? Um, I mean, I can if you need me to. No, I I just was I have a water key in the back of my truck that public works left and I thought if you're going there, I'd send it. If you would like me to take it there, I can. I would appreciate it. Yep. Thank you. Y Thank you.

Stay on equipment. I don't want to lose it. Thank you. In front of you, you have your BGA, BGVA, Main Street, um, annual report. I read over this. This is some of the stuff that they have done. Um, we don't have anyone from there tonight to speak about this, but you do have it. It is available online and it's in your packet. So we'll go on and move on to item number 12 and that is the bats oil and grease the fog ordinance. Mr. Inboden please speak to us about fog all about it. All right. Good evening council members. Uh good to be here tonight. Um so this ordinance is essentially uh allows the town to monitor and maintain a a healthy collection system, sewer collection system as well as a wastewater treatment plant. Fog stands for fats, oils and grease and they can be extremely detrimental. The word that we use in the industry is deleterious. Be extremely deleterious um to a wastewater treatment system including collection systems, lift stations. Uh the the actual treatment plant, it can inhibit wastewater treatment. Uh so it it could wreak havoc on a system on a force mane if we have too much uh fats, oils and grease in the wastewater stream. It can actually close off and completely uh blind or plug or clog up a force man a pressurized sewer man. I' I've seen it happen. I've cut a pipe in half and you know a 2-in pipe has been you know necked down to the size of a

number two pencil. Um so fats oils and grease it is a big deal. uh and we've worked with uh town staff uh India and and Piery and others uh to identify additional ordinances that would be better suited for the town. Uh this is an ordinance uh that that we've worked with other utilities uh throughout the state and we felt it was also needful here for the town of Bowling Green, but it allows the town to monitor and maintain a healthy collection system by requiring certain things. Um, and those certain things are going to be for any facility that uh has the potential uh to produce or um exhibit these harmful uh fats, oils, and grease. It could be um a a commercial kitchen. It could be an automotive shop. You know, they have uh you know, large stores of used oil um that that could be sent down uh the sewer collection system. We don't want that. Uh so it it allows us to have a pre-treatment system of sorts uh for the town and we uh we're allowed to go in and monitor uh it it requires the the the consumer or the customer uh to install and properly maintain and also keep records of uh grease traps uh grease interceptors. And so if you have a Burger King, McDonald's, um you know, you China King, you have a a Subway, um you have a food line. Food lines are notorious for this as well. Um say again, Domino's. Um so any any any place. So when when they submit their plan, their package, they're going to have to include a grease interceptor, a grease trap that's adequately sized. And so the ordinance that we have here outlines that entire framework. It outlines the the penalties. It it gives the town some teeth, so to speak, to to be able to enforce this this ordinance. And it and it gives guidelines as as far as, you

know, sizing of it. Um what what the appropriate uh level of um treatment would be for any given situation. So happy to take any questions that you have. Uh the background that's in this memo uh was put together. Um, so that that does explain it, but I would be happy to take any questions to provide further explanation if necessary. Any questions from council? John, do you have any questions? No, no, I'm good.

Go ahead, John. I think you need to mute. Um uh no it's not muted. Okay. Well, no I'm I'm hearing some chatter coming from the phone. Sorry. Oh wow. There we go. Um if you remember I was sitting through all your presentations everything when you're doing this procedure through King George. Um how similar uh your implementation are you are you thinking here being smaller like like there you were you know meeting with uh individual things you had um kind of a PSA aspect too of it and um you had what like two public meetings where like restaurant owners were coming in and everything I don't think you need that much of a scale here but

correct where do you think in process-wise

so we would plan this similarly to what we have at other localities um my my recommendation the town can do what what it deems necessary, but my recommendation would be to provide a letter to, you know, identified potential users or producers of fat soils of grease and we can sit down with town staff and make a list of all those that would identify as such. you know, provide them a letter of the new newly passed ordinance and um you know, provide a schedule an initial scheduled date uh for an inspection and then to either town staff or uh if the town so chooses, they could have one of our compliance people come out uh perform the inspection. Our compliance team is wellversed in, you know, providing these inspections. We we provide reports for other municipalities and then we we come out we have a checklist of everything that we have to go through to make sure that it's you know that they're they're keeping records. They're uh you know h having the grease uh trap pumped out on a regular basis and they have records of such. They're providing maintenance records to us. Um they're also providing the the proper notification training to employees that use the system. And so they may not know that you have to scrape the pans and you know dispose of it in the trash can rather than you know rinsing it off with hot water and let sending it all into the grease trap to overload it which then will overload the system. Uh so they're providing you know points of of training either signage or in their employee handbook. Um you know a lot of things that it that will be involved with this. Um, so the first scheduled visit would be more or less an acquaintance, you know, getting to know us, getting to know the town, uh, familiarizing themselves with the ordinance, and then scheduling a follow-up, uh, inspection, uh, within 6 to 12 months from there. And then what our recommendation is going forward is, you know, have a have an annual inspection. And so every every year they they kind of have an a realization or an understanding that, all right, we're going to see some individuals from the town or Bowden coming out. uh they're going to inspect our grease trap. We

want to make sure we have all of our records for them and uh we're we're maintaining our our grease trap appropriately. So that's how I would envision it going um because that's how we we've done it at other utilities. Um but it sounds cool. Yeah. Um related question uh with where all of our restaurants are, are they all going to just one lift station or they defit into two different ones? primarily all of the uh uh users are gravity flow. Uh so not not many are are being um you know sent to a pump station. Okay. So one Okay, cool. Right. That's good.

I have a question. How do you deal with nonfood bats oils like someone who gives painting classes and things of that nature? Oil based etc. How do you deal with that same processed automotive? Same same process. Yes. Uh so like an automotive shop they there's grease traps designed specifically you know to catch the specific gravity weight of that oil. Uh there's oil water separators primarily that's what they would call them. And so we we would inspect them in in the same manner.

Automotive. Correct. But what about someone who has a craft store and they have regular painting classes and they wash and or dump paint down the drain. It's oil based. Yeah. Is that similar or something? I mean that would mo most of those most of those paints are latex based. Um so they're water soluble.

Um wouldn't necessarily be delletterious. Uh but if they are using oil based paints then yeah that that would be a problem. Um so I I don't think the amount um would would consider them a significant user or a significant discharger. But that's a great question. I've never had someone ask me that question before. Well, that would fall under the purview of hazardous waste such as acids, strong cleaners, pesticides, herbicides, paint solvents, or gasoline. It must not be disposed of in such a manner as to pass through the grease grit interceptor. So, um, yeah,

it gives it does this ordinance does give the town a wide brush that we can paint with to so if if someone if it's not in this ordinance, you know, it can say uh, you know, we this is being deleterious to our system, it's causing problems, we're need to regulate it. So, it it does allow the town to to step in and, you know, put a halt to something if it if it's detrimental. this when I was reading through this, one of the questions was talking about putting different treatments down the sink for your own uh fat distribution. Would that be like draano or something like that and that messes up the town water system?

So, what what that and I've seen this before and it never works. uh they they uh they want to forego having uh like a Valley Proteins or Darling Ingredients or someone coming out and pumping out their grease trap. They want to forgo that because that's a cost. And so they they uh you know get get a snake oil salesman to come in and you know sell them this chemical that they can put down their drain which would make it into their grease trap which would basically eat all the fats, oils and grease and decompose it. You don't have to pump it anymore. Uh that those sorts of things don't work. um it's not effective and it it will eventually overload the system and you know we we'll see cause and effect from that. So I that that's really what that is pertaining to.

Okay. But like something like Drano that doesn't really bother Dano won't really bother it because when when you're looking at Drano I mean it's it's probably a 32 oz ounce bottle. Uh you know that that's more of a you an acute problem uh that you're addressing not a not a chronic issue here. Um, so that wouldn't necessarily be effective. Okay. Are there any other questions for Jamie at this time? So, um, Mark, sorry. You You can call me anything you want. I'm I'm sorry, Mark. I'm It's been a long day. I am so sorry. You're good. Um, Mr. Inboden, it's a compliment.

There you go. Jamie's Jamie's a good guy. You're going to be a ginger now, right? Um you're looking to actually um schedule that public hearing. Um do you want next meeting or you got different timeline? Do we have to have a public hearing for this or is this the ball rolling? Is that draft motion? Oh, yeah. It's right here. All right. Well, I will move that town council advance the proposed wastewater regulations related to fats and grease to a public hearing and further consideration at the March 5th meeting. I have a motion from Councilman Voit. Second. Is there any further discussion?

Um, I will have the uh clerk take the roll call for this vote. Council member, yes. Vice, yes. Council member Webb, yes. Council member, yes. Council member Davis, yes. Council member Chanel. Yes. Motion passes unanimously. Thank you all. Good seeing you. Thank you.

Item number 13. I'm going to invite Miss Toiver back up to the podium. Miss Hope, you're going to be speaking to us about insurance premium increase and cost sharing options.

Yes. So, uh, as you have in the memo in front of you, um, you know, the town of Bowling Green being small, um, we get our health insurance for our employees who are eligible from the county. Um, and they notified us of an increase 11.5%. Um, and so I've just provided some options for you on how you want to proceed with that. Um, and I'm asking for your direction. Um, option one is that we would absorb um, 100% of that increase, which at a cost to us from the town would be in the amount of $7,92.96 annually. And that would obviously not impact the employee. And then the uh 50% um if we do 50% for the town and then 50% for the employee then that causes 3,546,048 annually for the town and also for the employee. Um and then option three uh would obviously be zero additional cost to the town, but the employee would take on all of that uh increase. And so some considerations obviously is employee recruitment and retention um as well as the affordability of health care. Um I believe I when I spoke with Miss Adams about this previously, whenever we've had increases, the town council has opted to absorb it. So um our staff recommendation is to go with option one um which absorbs 100% of the health insurance premium increase uh for the employees.

So this is 7,9296 annually. Is that per employee? Um that is annually. So if you is that is that for the whole kitten kaboodleoodle or per employee? For the whole thing. That's a big difference. Yeah. And so if you look because there's 12 employees that's why I'm

yes but there are only so in the first paragraph there which I kind of skipped over that but for background um these options and that amount is only for the current five employees out of the 12 that are enrolled. Okay. So, you know, for full-time employees that are opted in to health insurance, which I guess is something to consider, um, if we go into the next open enrollment, um, which we're currently in after you guys make a decision on this tonight, um, there may or may not be people that will opt in, but as it currently stands, we have five employees enrolled, and so that number is based off of that. I'd like to go ahead and just move that we go with option one. If f if further employees in the future opt in then obviously this cost will increase.

Yes. Okay. Just want to make sure that all of you understand that. Yeah. So you made a motion that we go with option one. Is that was that a motion? Yeah. And do I have a second? So I have a second from Vice Mayor Coyle. And since the county didn't give us much time to make a decision, be nice. Um, is there any further discussion?

I want to say a quick thing on that. Yes, we don't have all that done to make a decision. They they did go with the similar thing. They're funding their portion. Um, but they just did that at their last meeting. I I would say that we are still, you know, pretty lucky to be able to ride along with the county for that to get the savings that we do get. Um, you know, over time if if healthcare costs do continue to rise, I guess we'll probably will eventually get to some kind of cliff where we can't keep meeting everything like this, but $7,000 is we can still do that for right now. But, you know, be mindful of the future. Any further discussion, Miss Davis?

Yes. What uh percentage of the insurance do we pay all of it? Does the employee pay any?

Yes. So the employee pays a portion and then we pay pay a portion. So if you look at the um graphs for the options on the second and third page of the memo that has a breakdown of the percentages for the ER, which is the employer portion, and then the E, which is the employee portion. And the percentages are broken down uh for each of the options as well as what it currently is. I guess to answer your question, overall currently as it stands, uh the employer cost share is 90% as a whole and then 10% for the employee. Are there any other questions for Miss Toiver? So, we have a motion on the table and I would ask the uh clerk to take a roll call, please.

Vice Mayor, yes. Council member Web, yes. Council member, yes. Council member, yes. Council member Chanel. Yes. Motion passes unanimously. I guess you're still up here, Miss Oliver. You're next on the agenda, the budget amendment number 14.

Yes. So, um um again in your memo um we are asking for the approval of a budget amendment in the amount of 400,000 42,441 uh dollars uh to provide supplemental appropriations necessary um to complete year-end cleanup entries. Um, as you know, we've been going through and cleaning up our financial records, uh, getting through audits and such, and um, there are additional costs associated for, um, the audit that need to be added in. Um, as well as just cleaning up some things with moving around funds. Um, so just to kind of give a slight overview of this budget amendment that we're asking for here. Um the first one is to move salaries from a vacant position that was for community development for contracted services. Um and then the for the contracted services specifically. Um those are for USDA land use special projects that we have. Um and then the second one is for uh to increase the contracted services for web and associates. Um and that will be for the use of fund with the use of fund balance in the amount of $150,000. Um the next one will be for the contracted services uh with CYM. Um obviously we've gotten through a lot of audits in one year and so um that cost is going to be um needed for that an additional amount of 70,000 from the use of fund balance as well. Um, next we will have one for um, Stantech. Uh, 75% of that is to be paid with a state grant, but the other 25% will have to come from the use of fund balance in the amount of 29,000.

Um, for the EDA, um, we wanted to use the fund balance, um, to allow for the FY26 expenditures. Um and they're proposing that we add marketing in in the amount of 2500, printing for 1,500 and um the EDA loans and grants for uh 2500 and currently I believe that's 12,000 as of the last audit. So that'll come that 6,000 will come from that 12,000 from the fund balance. Um next for uh increased mailing and postage costs. Um for the water fund uh 5,193,000 from the use of fund balance um and from sewer 4,741 from use of fund balance as well as um from the town manager town council contingency in the amount of 3,444. Um the next item would be for um to increase the part-time salaries for an intern which is grant funded. Um and we already received the 4,000 for that. So that's just cleaning that up um for the salary and wages which is 3,964 and then the FICA that comes from that which is uh $36 um to cover the increased late fees and penalties for the IRS payables. um that will come from fund balance as well. Um and so that is in the amount of $6,516. And then the last item would be to cover the increased the increased audit changes um as mentioned due to the multi-year audit completion. Um and that would be in the amount of $36,544.87.

And so on your last page just to provide the um source of the funding uh un unanticipated revenues 91,000 available fund balance of um $37,996.91 and it has a breakdown for what is general EDA water and sewer. Um the transfer between funds does net zero. Um, so that's clean there. And, um, the other authorized source is the contingency for the mailing costs. A lot of line items.

Yeah, it is a lot. Um, it's a lot to clean up. Yeah, it's a lot. And, you know, hopefully nobody's confused. So, um, correct my oversimplification here, but this is kind of clean up cuz the key thing here is the revenue neutral aspect. And, um, you know, it's like skipping your coffee in the morning cuz you're going to go get McDonald's in the for lunch. You know, you're spending the money elsewhere. But when you when you're doing that to a certain amount, it has to come before us to agree that that was okay. Ray, what is that amount that has to come before us when you 1%? Um, I'm not sure the exact amount, but I believe Oh, go ahead.

The 1% refers to a state law provision. If your revenues increase by 1%, you have to have a public hearing. I knew there was a but I think this is is shown by staff. It's a revenue neutral situation. Most of it's drawn from contingencies. It's moving. It's reallocating. Exactly. Yes. Um, my only actual question for it would be is there anything in this that is lining us up for anything that's going to be recurring in the future? Um, I don't believe so. Um, for the future out of all of these things, I don't believe that anything is necessarily going to be recurring. Um, potentially audit as we're catching up. That's true.

That would that would be the only thing on the off the top of my mind, which is good though because we want to catch up our audits. Okay. Well, I'd be happy to make a motion to approve the supplemental appropriations as presented. No. Yay. Does EPA have any funding to let the government grants? It's 12. Oh, go ahead. Yeah, it's 12,000. So, that will come from what you currently have. That's as of the last audited numbers for EDA.

Yeah. The last time the EDA was functional was like pre- pandemic and it was suspended. So, we are now past that portion of the time where the EDA would have met. Um, so we're confident that that $12,000 which has is restricted for EDA purposes. Um the only reason that wasn't included in the budget um was because the EDA wasn't functional at the time. We've since you all have since appointed a full EDA and unless you formally bring it into the budget, they can't use any of their funds even though it's restrictive for their purposes. So that's the purpose of I'm just allocating the 6,000. They have not formally established um any expenditures other than approving uh $2,000 for a rack card um which will be developed for tourism purposes. Um but that will at least give them some flexibility to have access to their funds because right now they have no access no formal access to their funds started at 25.

Are there any other questions? No, I'll I'll restate the motion I was making. I'll I'll move to approve the supplemental appropriations as presented. I'll second it. Yeah, Jamie got hurt. Mayor Gamble, I think I'm going to recuse myself from the vote because I do have a personal interest in one of the items. I appreciate that.

So, um, put that in your notes. Did I get a second? Did you you took the motion? I wasn't in here. I apologize. We had somebody get hurt outside. So, we we're tending to that. They're getting him over to the rescue squad as we speak. You made a motion. You second. Any more discussion? And Dan's recused himself. Would you please, Deputy Clerk, take a roll call for me? Council member H. Yes. Vice Mayor Coy. Yes. Council member Boy. Yes. Council member Davis. Yes. Council member Chanel.

Yes. Motion passes. five with one person absent and one person abstaining. Thank you, Miss Toiver. We are trying to get back on track with our planning commission appointments. I thought that's what we just did. Oh, we just did the budget amendment. I pulled. Sorry. financial consultant contract, Miss India Adams Jacobs.

Yeah. Uh thank you, Madam Mayor. Um in the interest of time, um we uh are just requesting a contract amendment to extend that um authority up to um $145,000 for um that uh amendment to that contract for financial consulting services for um audit and audit and pre- audit work um that is required for um our audit processes. So um that's before you all for consideration. Miss Adams Jacobs, why is the um why is the man almost double? Went from 75 to 145,000. That's a considerable jump.

It is. Yes. Um when we started the budget process, obviously we make our best projections based on what the the what we assume the cost could be for those services. Um there's been a lot of cleanup work that has been necessary based on unfortunately the the prior systems that were in place. Um and so we are trying to project the best that we need to get through the end of the fiscal year um in order to make the requirements that we need for these audits, the rest of the audit work that needs to be completed to finalize 24 and 25 so that we meet our obligations um that pertains to the loans and the grants that we also have on the table. So without that um doubtful that we will be able to meet our our deadlines and obligations. Um just for uh the record um we have worked with prior firms that have tried to attempt to help us um with this. Um we entered into an agreement initially with Roto Foros but based on where uh the town was with those systems um and their expertise and capacity. Uh they walked away from us is the same thing um with the Berkeley group that was helping us with finance at this at this time. So um there could be substantial uh implications if we don't move forward with this item um as it pertains to our other items for our audits.

Are there any other questions to town manager? Is this is this the only other um outside agency that's working with us right now then? Yes. Everyone else has walked away over the last couple years. Is this a company that worked with Port Royal? I believe so. Okay. Dr. Chanel, do you have any questions? No, I have not. Okay. So, um I guess I'm asking if you want to make a motion as to how much or if at all.

I'll make the motion. I move to support extending the contract for SIM financial services to $145,000 for assistance with contracted financial services as directed by the town manager. So, I have a motion from Councilman Hegman, a second from Vice Mayor Coyle. Is there any further discussion? Our hope um Miss Adams Jacobs is that we won't have to spend the 145,000. Correct. I hope that we won't have to bring another amendment back to you to exceed it for more. Correct. K.

I would also share um this is most localities at this time are obviously using outside contracted services for uh pre- audit work and audit work. Um, and I believe I think the county has another firm and depending on the rates, they can range anywhere from 325 an hour all the way to 125 an hour. And so just because of our size doesn't mean um that we are not subject to some of the same Gazsbys rules that any locality or municipality is subject to. Um, and they are becoming often some of those mandates are becoming more rigorous. Um and as we continue and um in the future, I would just say um as we bring in outside federal money, um there are additional audit requirements that comes with um having federal dollars. So in the future, even though we are in a better position with our new financial system as there will be more requirements for um closing out grants and loans that comes from different funding sources, there oftent times additional auditing requirements for that. Um, so I don't want to mislead anyone to think that we won't need services in the future as well just because we will be caught up.

Well, that that is one of my questions. when we get through um the 2025 audit and we get ready to start the 2026 audit, which our fiscal year ends June 30th of this year. Since the entire 2026 year was under the new financial system, is our staff going to be able to do the pre- audit work at that point so that we don't have to hire those services out?

The team has always had pre- audit outside services. Um there's always usually a third party because the way auditing works is they generally want a third party um to help prepare financial statements and then the auditors will then audit. Um the audit firm that we are currently working with does not work so um closely with preparing the financial statements more than just purely auditing them which is why that cost is a little bit lower. Um if we were working with um other audit firms um you would see if they are preparing your financial statements they have a separate team that does that. But those audit firms can range anywhere between the 40 to50 $60,000. Um those are the Brown Edwards, the RFCAS. Um so the question really becomes not so much as the cost, it's who is doing the work. So, there are pros and cons from having uh larger firms um who can do that work, but then oftentimes they still want pre- audit work done um based on kind of their rate per hour to make it worth their while. And because we are so small, that often means we are having to do um having to have uh third parties to help with that pre- audit work on the front end as well. Um so, a long-winded way to say we're probably going to still have to have pre- audit assistance. um but hopefully not at the clip at which we are our our burn rate is currently.

Okay, thank you. So we have a motion on the table. Is there any other discussion? Quick thing looking back to um budgets that I I was seeing right around when I I got elected and before um the pre- audit work in the budget was like 50% of the actual audit that was in there. So like if the audit was say 30 it was like 15 slotted for the pre- audit work. So they were always like she said they were always doing that outside. Okay. Would you deputy clerk please take a roll call? Council member Hman. Yes. Yes. Council member W. Yes. Council member Wood. Yes. Council Davis.

Yes. Council member Chanel. Yes. Motion passes unanimously. Okay. Now we can move on to planning commission. We um over the past three or four years have gotten kind of out of kilter with our planning commission appointments from council. So we're trying to get everything so we're back on the correct schedule. So um Mr. Smith, would you address this at this time please?

Absolutely. So yeah, as the mayor said, um trying to get back on schedule with your uh planning commission appointments. The current planning commission um town council liaison's appointment is expiring. Um, so we ask that town council appoint a member to serve as town council or town council planning commission liaison um in a retroactive term from January 1st, 2026 through uh December 31st, 2026. So at this time I'd like to open the floor to nominations. I will tell you this, there are two members here who are certified um actually there are three members including myself who are certified planning commissioners um oh four of us the town manager is also so um twice

if you want to serve and you uh are not certified you do need to know that within the first few months that you need to take your certification courses. And I'll be honest with you, I personally feel like every member of council should have to take their planning commission courses because when that when this paperwork comes to you, I think you I'm not speaking to you. You're an engineer. But I think that you you would understand some of the stuff that comes in front of you when you're voting on it. So, even if you're not a planning commissioner, I would highly recommend taking the classes. So, is there um um a nomination at this time?

Um I'd like to nominate Mr. Void since he's been on planning commission and there are things matters going on that I really believe he should continue with um at this point. So, I second that. So, I have a motion and a second. Are there any other nominations? All in favor, raise your right hand. Thank you, John. So, yeah. Yeah. Thanks. You are you are our new old liaison. Thank you for your service. New one, same as the old one. We have to mo you need to read a motion.

Oh, yeah. We have to Can you before you read it, can we just make in the motion on the very last sentence bowling green for a term of That's what I just a we we just voted on a term term of one year. No, a just the letter A. Sorry. You already voted on. We did. Yeah, that's vote. Didn't even I don't even remember saying yes. Nominated or not second. You probably really did make a motion. Yeah, Jeff. Yeah, was it? But it was a motion by nominating. That was the motion. Voted. Sorry. Oh, I don't. So, do we need to vote? Yes or no? Yes. If you guys didn't vote, sorry. We did. We did. We all Jeffrey West was

We all said yes. But she didn't realize she was making a motion. I didn't. Yeah. Okay. Do it again. It's been a long time. Do it again if you really want to rerun it. The appointment was made. It was

Let's move on to uh item number 17, temporary mobile food vending application review and fee setting. Miss Adams Jacobs. Oh, Miss Darla, you're going to read this for us. Hello, Miss Odum. Welcome. Good evening, madame mayor, members of council. Turn your mic on.

Let's try that again. Good evening, madame mayor, members of council, and Miss Adams Jacobs. I'm Darla Odum. I am a contract employee with the town. I work for the Berkeley Group. I'm an um principal planner for the Berkeley Group, and I've been working with the town mostly with the planning commission and and with staff for about a year now, right? It's been a year and um so I'm pleased to be here this evening. I had um worked with the planning commission on the ordinance that you all adopted last month for the mobile vending vehicles. And you have an ordinance that you adopted and I understand when it came from you to you from the planning commission, the planning commission had temporary mobile vending vehicles and that was the term that was used and that was the term that was defined as the planning commission recommended. But my understanding is through your discussions and your adoption, you all said, "Well, we really were concentrating on food vendors." And I think um you know, there was some discussion about maybe some vendors that may not be as acceptable if they had wares that were other than food vendors. But that was the um adoption that you did. And so I know in your packet tonight you have I think a copy of the ordinance that shows that staff did go back in and add the term food. Is that in the packet? No, I have a copy of that. So um staff did go back in and add the language to say temporary mobile food vending vehicles. What you have before you this evening is a copy of an application for a temporary mobile food vending vehicle permit. And so on this form um this is an administrative form. And um so we're going to talk about that, but what I

wanted to do real quick is to just talk a little bit with you about from an understanding standpoint of the planning commission. The reason that it was left open um and saying mobile vending vehicles instead of adding the word food in there was um to allow some flexibility um because there may be um people that want to set up in town and there's still a mobile mobile vending vehicle. if they want to show up and they've got permission from the property owner and it's in a business district and they want to show up and they bring their truck and in the truck they have a table and they set the table out. That's still considered a mobile vendor. And so the thought was and and and I've used this in some other localities is to try to open it to have some flexibility that if it's a candle maker or a a local person that makes jewelry or has all of these crafts and things like that that those would be covered under this permit. Um my understanding is that you do have some of that that occurs in town. Um, and there's a couple of spots I think like with the farmers market, everyone that comes to the farmers market, it's not necessarily fitting under, you know, the definition of a farmers market. So, we were trying to open it up a little bit for that. And I wanted to take a little bit of time cuz we were thinking about, you know, you've already adopted this now, so it it says the food vendors, but we were looking at as we tried to think about these other areas in town that may need to be covered, right? Um what were the concerns that you all had if we at that time um want to open it up and not only say food? I heard a little bit about um

some ice cream sales or we had discussed um you know I know you shouldn't use name brands but it's the only thing comes to mind like the good humor truck used to go through town when I first moved here. The kids loved it. They hear the bell and go running down the street. Um there are businesses in town Snap-on Tool Man. There's more than one tool company, but they drive around and will stop at the different um garages to see if any of the mechanics want. And so, was that a concern or were those things that you were trying to cover?

I wanted to make sure that that we weren't so tight that we didn't allow some of this stuff. I I felt we needed to be a little more inclusive, but I didn't vote on it. I brought up the good hum humor thing because we've already got an ice cream parlor that's established business in town. So why do we want somebody else trying to take over their business or take their business away from them?

And and I will say to you that that in looking at others ordinances that most of the time um an ice cream vendor does fall under the mobile vending vehicle um definition. It still covers an ice cream truck. they're required to have some of the same um regulations through the health department. A little bit different if it's prepared versus prepackaged, that kind of thing. But um oftent times where people are concerned about that is they will um limit um an ice cream truck within a certain district or they'll say, "Well, if it is going to it's either not allowed in a residential district or if it parks along the street." Sometimes I've seen those have a time limit. Now, obviously that's something that's an enforcement issue, but so there's some of those things getting that can be written into the ordinance if the ice cream trucks are concerned. I guess what I would say is I wanted to make sure that as we're looking at this and bringing it forward, would you be opposed to opening it back up to say mobile vending vehicle without absolutely having to have the word in it. The way it's written right now is I can't sell my earrings that I'm making or my whatever else unless I sell food and I have to sell enough food that my earring or candle sales are incidental to or an accessory to my food sales. And I don't you know I mean I know through the discussion y'all had a lot of discussion going on. I just wanted to make sure that we were clear that what that direction might be if we were to bring it back as we're looking through addressing some of these other issues in town and and making sure that we're not penalizing some of the ones that are doing some of the things that they're

doing in more metropolitan areas. You tend to have more of vendor trucks, not just food trucks. again, um, fashion people with clothing boutiques. Mhm. They can go from neighborhood to neighborhood. Their vehicle is their boutique. Their customers come in. This is a common practice in most of our larger metropolitan areas. Yes, ma'am.

Um, especially cuz brick and mortar costs so much. It also gives them more flexibility because they're not just bound to one location. Um, I understand protecting our businesses. I really do. And I that's very important to me. But capitalism is also important to me. And if somebody's ice cream is better than somebody else's, I shouldn't have to be forced to do this only cuz I mean, we have more than one hardware store in the county. We have two hardware stores within a couple miles of each other. You don't thwart somebody's ability to make a buck because somebody else already has a business like that. If that were the case, we wouldn't have any duplicate businesses in town. We wouldn't have Family Dollar and Dollar General. That's just my opinion. I

Can you I'm confused. So, just clarify because Food trucks. For me, in my head, especially coming from New York, street food is the ultimate. You, you have a food truck, you drive up to the curb, you stop there, yada yada yada. Food, food, food, you go. Our ordinance is totally different than anything I've ever seen. You must be on private property. And I get that. I wasn't happy with, but I'm flexible. So, are you saying that the good humor truck that has been driving around forever, doesn't drive anymore, just driving through the neighborhood and not stationary as our permit is requiring is a food truck?

Yes, ma'am. Okay. So if this is on private property and stationary, we are requiring if Mr. Gooduma comes around through the town, then what he is doing is illegal. He he wouldn't be permitted. Yes, that's correct. Okay.

Under the current under the ordinance that you have now. And so that was part of the discussion that we were having with I was having with Miss Jake Adams Jacobs and myself and staff and and your attorney about you know some of the these types of things that maybe you do want to address which we can think about once we get your input and bring something back to you. And then also um to you know as far as from an economic development standpoint and I've heard a lot of different people speak on this because you know you hear the argument of um a mobile food truck taking away business from a brickandmortar business. And you know I'm not an economic developer. I used to work in economic development but that was very early on in my career. Um but what they'll tell you is that it's a different market. um that that people that and I'm not saying it always is. I mean, I might go to a food truck or I might go to a sit down restaurant, but usually they're they play off each other well and they actually bring more people in the area. Some people are going to go to the food truck. Some people are going to go, "Didn't know that restaurant was down here. That's a great idea. Let's hit that." Um, so I think and and also from a market standpoint, we have to be careful from a zoning and a regulation standpoint of picking and choosing, right? And so, uh, there's a little bit of, um, and we're going to talk about this policy that that I want to see if we want to see if you all will consider adopting this evening. Um, and it does talk a little bit about a certain distance. They have to be a certain distance from a restaurant, that kind of thing. But it doesn't speak to what type of food truck can or can't be here because I think that's where you start to run into the market issues. But are there any other concerns or reasons that you all really felt strongly about putting the word food back in here?

So that actually was my Yes, ma'am. I created this, I guess. And the reason I say that is when we saw this originally in where are we? February. In December, it said food mobile food when we got it last month. Food was out, vending was in. That was my doing. My question did my question was what happened to food? Because in the code it says if you are a food truck, you can sell t-shirts and ancillary items. You can do that.

It doesn't have to be just vendor. So the word food for me just I just wanted food truck because if it focused just on vendor we'd get my thinking was we have more vendor than food and I think in this town that can be a challenge. I am totally all for this and I think we can have food truck, vendor trucks, farmers markets, etc. in addition to our merchants because flexibility with merchants is just as good. I I just don't want it to overwhelm vendoring. That makes sense.

Yes, ma'am. I do understand that. And I think that I mean obviously the trucks that have the food, those are the most popular. even if they have something that they sell separately. Um, and you don't see as many um, vendors that just have the example like I was using like the homemade jewelry or whatever, but you do have certain times in town when the farmers market is open where you do have these mobile vendors that that may be what they brought, right? was, you know, something of that nature, but they're taking advantage of the audience of the farmers market, which is a great thing. And and so we'll I mean, I appreciate your input. We'll take this and we'll talk about it and and come back with you on something. We weren't going to just automatically say, "Well, let's, you know, advertise something for next month because it would be an amendment. So, we'll look at this and bring something back to you." Uh Valerie,

frankly, mobile food vending for me is fine. I don't I'm cool with that. Right. Would you be fine with I mean, and again, we'll still bring it back because we we would need to do that. It has to go back through that process, but you would be fine if it didn't say food and it was just mobile vendors.

Just real big think. Well, one of the other things we brought up was, you know, with with the way things are going and the kids in town, if we just say mobile vending and somebody comes in with a bunch of marijuana paraphernalia or marijuana because they're going to be legalizing that. I don't like I don't care if it's legalized or not. It's I don't think in town around the businesses and around little kids in the ice cream store or around the schools, it don't need to be there. Period. And I will say to you that um that's one of the things that I that that was mentioned that y'all had brought that up and I don't think that we're going to have to worry about mobile marijuana trucks. Um we can talk regulated.

Yeah. And and the reason for that right now is that the Virginia um cannabis control authority. That's going to be the group that are going to issue permits for people that can sell marijuana legally. And those are going to be um limited we feel like in the number of permits. There are two bills and if you all want to write these down, it's House Bill 642 and Senate Bill 542 that are in the general assembly now that are going through um you know where they're having all these discussions what 826 not 542.

Oh there is another one and Senate Bill 826. Okay. So, there's three of them. Yeah. And then they were going to have limited uh you know, there's going to be some limits on local authority because the best we can understand right now is that this group is going to say who gets a permit and who doesn't. Um but the local governments will still have some authority. We just don't know what that will be. But I don't believe it's going to be in mobile vending units. Um

so we'll bring that back. I appreciate the, you know, hearing the input so that we can do that. Um what you have before you um and you should have gotten passed out to you today is um what you'll see is a temporary mobile food vending vehicles policy. Did you all get that at your places? Okay. So what we'd ask for you to do this evening is if you would um is to look at this policy. The language in this policy and the language that you had in the permit are the same. Right.

Right. But what we wanted to do was formally adopt a policy because as some guidance was offered by the town attorney, you know, rather than since the ordinance is pretty straightforward like here's the definition of it, here's where it's permitted that the town would council would adopt a policy that would include these rules and regulations. Um, you know, the town will administratively make sure that the permit basically looks like this, but the town council doesn't need to actually approve the permit application. We're actually seeking for you to adopt, if you will, this policy includes the same regulations like and you know, mobile food vending vehicles must be a minimum of 100 ft from a residential zoning district. Um, they must have a current valid license from the Virginia Department of Health. So that would eliminate uh uh the good humor man

at this point. Yes. Yeah, it would. And again, that's the beauty of it. They're driving through the neighborhood. So, a good humor man will have to be on town property on private property that's zone B now to be valid. Why are we doing a 100 foot distance? I mean, we have plenty of business and residential that touch one another and are right at zero. Well, we had we was curious.

Well, this went through the planning commission discussion and it's based on some of the practices that we, you know, they had the opportunity to look through some of the practices that were used in some other localities and this was where we ended up. Um, I think that, you know, the idea was to keep the business, the noise, the all of that away from a residence. But I'll let one of the planning commissioners speak. I thought we lowered that, too. Uh, there is one one catch here on the on the policy thing did not get updated with that uh that correction we made at the last planning commission thing. So, the policy says 5 days while the permit says the 10 that we talked about a couple weeks ago. Oh, yes, sir. You're correct.

Yeah, that's fine. I'm just bringing that up. Three consecutive days and no more than 10 calendar days. Yeah, that was what final recommendation we did raise it. Um, but uh the 100 ft I I really thought that cuz we we talked about that a lot. I thought we had lowered the recommendation of that, but I can't be 100% certain of that, but I thought we had. Well, I was making some comments about my own house with commercial next to me saying that we didn't need 100, but I mean, that's open for

Well, and the planning commission did not codify this. This is so this is a policy and if you guys think that it would be appropriate to reduce that or not have it then I mean that's why we want to have that discussion. Yeah. I mean and I don't I'm not saying that any of these people would want to do it but just for example the you know Gibson's say they decided to have a food vendor to you know come in you know on a weekend that serve you know hamburgers or whatever. Well, that's right beside a residence, but I would see it would be appropriate for them to have something there, you know, to go with their ice cream. And I don't So,

I mean, I don't know. The distance to your point, you you were concerned about we're going to be overrun with trucks and all of this. Oh, I don't think we'll be over with. I I don't see that that I don't think we're going to do I don't think that

Yeah, I don't think that that many trucks I don't think that this is going to be a big issue because quite honestly because of capitalism you go where there's business. You're not going to drive your truck necessarily to a little town of 1,200 people where most of them are at work during the day when you could be up in Frederick'sburg making big bucks in a in a bigger area with more people. What What concerns me here, even though I went ahead with it, is the fact that it has to be on private property. You have businesses here in town that are not open on Sunday. They're not open, especially on Monday. Nobody's open, which is a prime time for a food truck, a court area, etc. Places like that. But none of these food trucks, vending can just pull up to the curb like in normal places they do. They have to be on private property. They're not going to want to do that.

No. And and we're And whose private property is going to let them on there? In my head again, I'm like, then what's the purpose of even doing this? You know how many a valid license from Department of Health. I'm selling bracelets. I'm selling what do I need something from for your thing it for being a food truck. You needed the department of health to sign off. So you're not getting I see what you're saying. Okay. If it was just bracelets. Exactly. I get that. I I just having something on private property for me is you know I just

so that I don't know how many trucks or anyone is even going to take advantage of this on public property that's town well we don't have much of that

you know what we talked about is for the trucks to come you know it's likely going to be related around maybe they find out that the food markets farmers markets happening. So they go, "Wait, those are some good days to go to border rings. People are going to be out and about on the weekend. You're not going to have the same volume of trucks that they have in Fredericksburg or, you know, somewhere else. I mean, if you go up places like that, they'll be lying along streets where there's these office buildings and things, right? So you're not going to have that same volume, but you but you hopefully will have people that will take advantage of and this will grow as as a benefit to the town of these at least starting out on times when you like farmers market. So maybe it's related to I forgot the name of that little market down the street here. Yeah. for you know editing in terms of when you have um events planned events things

probably a lot of the event stuff will be covered under the given event we had a gentleman he passed away a couple years ago but for the better part of two decades he'd pull his old pickup truck in town he had a pedaller's license Richard yes and he would park on the street a lot of times in front of pits and man's and he would sell his vegetables and his honey and all of that. That's not private property. That's on the street. So, what you're saying is now all of a sudden if we pass this that would become illegal. Can I intervene for a second? Yeah, please. So, what you're doing is creating a new use. So, you have a whole zoning ordinance that talks about other uses. Okay. Right. Okay.

Other uses that may or may not already be permitted either by right or by special exception permit. I haven't performed an exhaustive analysis of what other uses are allowed because this this has always been focused on this new use, right? So, this use doesn't by by adding this use, you're not necessarily outlawing anything else. Okay? Because you have a whole zoning ordinance with other uses. It could be a peddler. It could be I mean, I I don't know. That was my question. I didn't

Wayside stand is is in your ordinance. Um you know, if you want to if you want to expand this to allow it on public rights away, I think that's probably a conversation with VOTE because we don't this town doesn't own the roads, right? So, it may be a VOTE permitting process and maybe you designate certain parts of the business district where if a permits obtained from VOTE and the town, they could be on the rightway. So, there's all sorts of things you can do to massage and improve this, right? But it doesn't there's other things that are already covered under your ordinance that this doesn't necessarily I just didn't want this to nullify.

Yeah. Now that's something going forward we're looking at because I do think this was intended as came out of planning commission to cover some existing other things. And now we need to and since that wasn't adopted that way, I think we need to go back and look. Staff's looking at, okay, did we inadvertently not cover some things that we were trying to cover that have been ongoing? And that's why you're being asked like, are there other things that you're concerned about that have been happening or other things you want to keep keep allowing? Um, and as far as things like the good humor man, to me, and and maybe this needs to be fixed here, because a food truck to me is stationary. They drive to a spot and they're there for a certain period of time, usually more than

the 10, two minutes it takes to sell a couple, you know, ice, you know, popsicles and move on. So that to me that's a different use now. But right now it might be caught up in this one unintentionally but also that's on a public rightway. It's certainly in a residential district. I mean if we're we're not trying to I don't think any wants to ban the ice cream truck from a neighborhood concern. I don't want but I don't think this does that unless we were to determine and enforce oh yeah you are one of these you don't fit all this so you can't do it. So it could be that that use is already covered somewhere else or it could be that it's now not covered. So that's that's all part of the picture that we're looking at.

India.

Yeah. just to chime in, the planning commission did, we did talk about um it being allowed or not allowed in the VOTE right away and that the additional permitting process to go through that was something that at the planning commission level um they kind of explicitly said we should hone in in these areas because we thought that that could be a bit prohibitive for a food truck to have to go through that additional layer of permitting in the rightway. And then there were all all sorts of concerns around uh trash in the rightway as well as on on our streets as well as um emptying of uh the grease trap, all of the things that come along with food truck that aren't necessarily trash, but all of their other in ancillary materials from the inside and what that could do to our streets. So, they were pretty clear about not wanting to get in the VOTE right away. Um, and then the additional piece of this, I think, as uh, Minnesota alluded to earlier, is not wanting to undo any of the things that we already have, such as the roadside stand or uh, the tinsel town market that occurs here um, at town hall. And so we do want to make sure that this uh encompasses what it was intended to but not inadvertently um take away the some of the other programs and uh that have already been going on throughout the last couple years in town.

Can a food truck show up right now in town and operate? I think the question becomes is it a permitted use if they are operating? And I think the answer to that currently is no. Well, yeah, the last one. Yes. Now you can. Correct. If you fit the ordinance that you all adopted last month. Yeah. And I guess right. I mean, I'm just saying anybody that comes down I mean, you know, there was a big demand, they'd be here now. And then we would say, "Hey, y'all need to get a permit, right? We have had food trucks here before. We had that

last several years, five, six years ago, we had glory dogs. They were on your would park on your dad's property there by the suits. Um there was a place that would park down where that used car sales place is now on the corner and they only came on Wednesdays and it seemed like all the soldiers from the fort would come over there and get lunch. And um so we've had food trucks. All of this originally came to planning commission because there was a fear that there was a a land owner in town that had a vacant business and there was a fear that they were just going to fill up the lot with food vendors. And um

I have to that and that is initially that's how it ended up becoming part of the discussion at planning commission. This discussion with food trucks started six years ago. Mhm. Yeah. Six years. How long? Yes. That's Yes. because they were concerned that a piece of property in town was going to have food trucks all on it and we had nothing to address it.

I remember when all this came to us. And madame mayor, if I might um with your permission is to say to you that appreciate the discussion because one of the things that we had a concern from a staff standpoint was that instead of it being having more flexibility, which we were trying to incorporate but still have some rules in place was that the action that said, well, now it's only just food and these other types of things like Tinsel Town, you know, it has to have food and accessory, the things that might be sold here. We were we wanted to make sure that you all were agreeing and saying we we had our discussion, but we really weren't trying to go that far. So, you'd be okay with us, you know, researching and bringing something back with you to to you that kind of pulled that back just a little bit and you and making sure it wasn't just food trucks, but as as um your attorney said, making sure that we are um including everybody or not excluding people that we shouldn't. As far as the policy itself, um I know that I've heard some comments about, well, we didn't think that we wanted the 100 feet from a residential zoning district. Um and and I don't know, I mean, I don't know if you all want to are comfortable taking action on this. If you want to talk about changes, if you want to look at it, like I said, it is the same language on the application. Um the fees um were going to be rolled into not adopted tonight but rolled into your other fees that are going to come before you during budget season. Um and we don't envision right now it's falling under a zoning permit. So it would be to have the same fee as a zoning permit um which I think is $50. Is that correct? I think the planning commission recommended 70, but after looking at our current rates, we already have a rate structure for what is a itinerate vendor and that's essentially we think that it

would it would couple well with that to just have the one $50 fee and our system is already set up for that. So, we wouldn't have to do anything additional in terms of assessing the zoning permit. Um, and so we would recommend that you all just set it as a $50 fee because we already have that established. Um and then we formally uh codify that during the upcoming budget process. Yeah. Bye, Miss Craropper. Um when I'm sorry, I've lost my train of thought. It'll come back to me in a minute. Darla is 1.1 million comprehensive general. Is that

normal? Is that usual? Yes, ma'am. Is that high now? Wow. Yes, ma'am.

I have two for mine. experience not as expensive as these two it I'll tell you it all started for me with why they changed the road and I called someone from planning commission and I asked why did you change this I just needed to know why because we don't get that here it's just here's what planning commission and for me planning commission is. I've been on planning commission. They're the experts. They get this. They're helping us to understand. I just didn't understand why they changed it. That's how this all started.

I know what my question was. How are we with these mobile vendors? How are we going about the collection of meals taxes? beat the breath out. So, currently the food trucks that we collect meals tax from are those that are permitted during the uh special events such as the harvest festival or something like that. Um but you know with this policy um and this permit we would obviously give them the same meals tax forms and it would require them um to remit their taxes um by the 20th like everybody else.

And how do you know if they're honest about this? That's I guess because they could say well we those sales were done up in Fredericksburg. They weren't done in Bolton Creek. Uh that's a great question. Uh similar to uh assume that our our customers and our local restaurants are giving us accurate information and are honest about their sales. So they would have to

Yeah. But they register receipts and they're in a fixed location. So you do have a way to kind of go about that. Somebody's moving around, they can deny they sold it in your jurisdiction. So I mean if we are permitting up to 10 days per you know month then presumably their their gross sales would be whatever they were based on the days that they set up and operated. So uh it's the if your question is are we going and checking their sales at the end of whatever their setup and their shift is for the day. Um I don't know that that's going to be the case. Um it's not feasible. cost us manpower hours. Correct.

Yeah. So, but I just again I'm just curious what our

we would we would send the request just like like again kind of like we do on the uh events days and not saying that you know we can adequately project but I would imagine that some of the food trucks that would be interested in operating here operate during our harvest festival. And granted, you know, Harvest Fest, we see excess of 8,000 people. Um, on any given farmers market Saturday, I think from data that we've seen from the the Main Street Transformation work, it could be 2,000 people on a Saturday. So, I mean, you could possibly break down a percentage and say, well, maybe that's what that percentage would be projected out over over 10 days in a in a month or every farmers market Saturday for the season. But we wouldn't have a specific way to track if that is the question. So

we hope that people are honest. Any other questions from this council? So do you want to take action on this or if if you have to bring some other stuff back hold hold off for one more month. As Jean would say, we're kicking it down the road.

Only only uh feedback that I would request is if you have specific um questions about obviously we'll make the amendment to the 10 days per month, but if there's feedback on the buffer and then the dollar amount just because I know we're quickly approaching the farmers market season uh and I don't know the date off hand. Yeah. And so if it's next month, I would anticipate folks starting to ask me if they could set up. And so just anticipation of if council the goal would be to adopt this by next month. Um if that's y'all's desire just so that we are clear on what the changes need to be. Um I mean I can

I don't like this 100 ft. I mean again I'm with Daniel. Your business is right next to um residential property. You're excluding all kind There's a property with this 100 ft. Yeah, there's one guardrail already that says that you have to have permission of the property owner to be on it. Um yeah, I I I think that is just uh excessive.

Yeah, I mean I I I'm fine dropping it to 50. Uh I guess while my mic's on, I'll give my other quick feedback just to all get it all out. Um although I wanted to reflect planning commission's last discussion about that 5 to 10. Um, after some of my talks with some folks, I have kind of wanted to maybe pull the reigns back a little bit and be more strict. Um, so I would five to 10. What are you talking about? The So the the either three consecutive days Oh. Oh, yeah. And not more than a total of 10 in a given month. I I aired on the higher side.

Yeah. And better start point. Um, and just a after some of my talking with folks, I've felt a little bit different. And so I'd want to on a personal note want to chop one of those things. Either two consecutive days instead or maybe drop the 10 to 7. But that that's I'm just giving my feedback while I have the mic on. Um, the drop the 100 to 50 ft is where I'm at. And I think the only other real feedback from me would be um I'm one of not wanting to have any primary merchandise vendors, just the food trucks. John, do you have an opinion on this?

No, I don't. I I I think uh sitting it back and letting him work on it a little bit is a good idea. Well, I'm I'm fine with that $50 thing you were saying. That That's cool. Yeah. Right. Can we just send this back with you? Is that what council would like? Yeah. I mean, so what was the consensus with Jeff? You're saying you only want food um as the primary use thing? Yeah. Yeah, I mean that's where I'm saying if I sold pocketk knives and I wanted to bring my pocket knife thing and

I thought we were trying not to have a whole bunch more discussion. Um okay I'll bring more stuff. Yeah. I I mean, and I'm of the opinion I like to leave it as open as we can until we have a problem, then we can ratchet. Yeah, I'm not going to fight too hard on that, but I I will explain the point um through discussions I've had

uh when it comes to merchants and vendors. Um feedback I've gotten is liking the things that we have, the special events we have. So whether it be Tensil Town or the Harvest Fest or whatever else, those things are are nice events for that. Um, so I have talked to some folks that don't want that watered down for one thing, but also not Hold on, the internet's doing a thing. Okay. um that extra vendors of of various things, whether it be candle making or jewelry or bracelets or whatever, um is how to say it's that that common thing of the small town nature thing, the business thing.

We're here every day. We're paying taxes, paying a water bill, and they get to come in and take profit. That's not really what I was really going with. I've heard that. Yeah. Yeah. I've heard that, too.

At the same time, I go back to we are capitalism is the main thing. Exactly. That's why I'm saying I I like I I want to represent these things that I've had the conversations for. So, I want to mention these things. And um it's it's a character aspect of you know like we um you things that were said about the harvest fest like you know the harvest fest has gotten a little bit away from harvest and it's you bunch of knickknacks that you're buying sometimes. I've heard that complaint a few times and and so I've extrapolated from that with talking to folks that that's a concern with with vendors. I'm just passing that on. They won't stay here if nobody's purchasing. And that's the

again that's the beauty of capitalism. So that takes care of itself and that that that's all. Um I wouldn't have minded having any kind of like total cap um on like you know potential applicants just to head off that one potential thing I think you mentioned of oh there's a parking lot we could fit 30 in here. Let's let's have 30. You know that's the only I'd really even consider. I really do like most of this. Can I ask a clarifying question? Sure.

On the cap, do you mean a cap in terms of how many could be approved as a part of the program or just a cap based on a physical location? Either or. Well, not either or. Definitely the the location one potentially or um operation at a given time because I know they have to put their time on here, you know, like that that honestly that would be a better administrative like if if you were okay with the cap, which way of implementing that would be easier for you. Would it be by location or within 100 ft of location or just a total one because of Cuz like if we have a food truck rodeo, that would be a special event. Yeah, that's that was my question.

So that that wouldn't really fall under that. But if if you had a business owner here because it has to be on business that wanted to have, oh, I've got space. I'm not going to my business isn't open on Sunday, so I may as well make money and and rent out to 20 people in my parking spaces. Do we want that or not? And and so that would be, you know, what cap would you hold on that if that's an interest in anybody else's way? But that does that make some sense? So who said anything about the owner renting? Say anything about well permission permission rent permission. Well I I would anticipate some of this possibly being in a rental situation.

I'm going to let 50 people come in my back parking lot. I'm going to charge them $10 a trailer. Put them in the hole parking lot. I I've told your dad to put meters in back there. You have all all you need.

I think that's great. Um and I just want to say that we're okay, Mr. Attorney, that um we have in the ordinance now, this is permission. somebody comes in the office two weeks from now before we go back through this hearing process um and brings a permit um we won't have a policy in place yet and I know that was part of the concern about some of these standards not being codified are you comfortable um with us I guess we're bringing this back the policy back next month to council or it would be pre it would be before we're able to work out all the who and what based on these discussions.

With that in mind, if that's the case, I think we could leave it up to our town manager. If they present everything they got and they're good, then she can say yes or she could say no. Not to throw any more on to you, India, but I mean, yeah, I think in the interim I think in the interim until the ordinance is modified, you have an ordinance in place and you have a $50 zoning permit and that's it, right? And I think and then, you know, it'll be a trial period to see if these buffers and things are become a

but I don't think you have them in place. I mean, if you want to adopt this policy tonight, you can do that. And and but it sounds like there's not agreement on some of the terms of it. Well, and I guess like I said, and I'm sorry that I'm continuing to ask the questions. I just want to make sure that there's clear direction for staff. And if someone comes in for a permit and they're handed this zoning permit and here are your rules, are we legal in saying you can only be for two days, you can only be for three days, you have to be 50 ft from here, you have to be I think what's in the ordinance is what controls and that is just flat. You're permitted. Yeah. In this use, if you fit the ordinance at this time,

so that's concerning to me. I don't I mean I'd have to you know that's why it was like I think without some clarity on the days and the buffers I'm not comfortable with issuing permits as zoning administrator. So if council's not going to give me direction on that tonight I probably won't be issuing any permits. I don't think here in another month anyway it's too cold and too much bad weather and the farmers market opens at the end of towards the end of March. Correct. But I still have almost I do know that people started reaching out Yeah.

uh several months ago about the interest. So, I'm not saying that I won't I don't anticipate getting some applications and from a promo perspective if we were we have a web web page kind of ready to go. Um, and so I can tell people to hold off until council makes a decision, but um if there is a consensus, we need to know what we need to draft for one. Um, and then if I'm being asked to approve it, then uh I need to know. Yeah, that I'm fine with three consecutive days and I'm fine with the 10 or five. Two to me is too little because if you have a long weekend, yeah,

the holiday weekend, you want that flexibility to have three days. So, it's my thing. Uh, 150 ft, 100 feet to me, whatever you decide. Well, I think I think yeah, council needs to make that decision now. And then like I think ultimately some of these terms need to be in an ordinance, not in a permit. But I think what staff is asking is in the interim until we get to that point because it could take a several couple months at least approve

this policy that can be but but knowing that some of these terms might come back in an form of an ordinance. You can get rid of the the distances if you don't want that to be in the policy right now. Shrink them. So, you're suggesting we go ahead and just temporarily adopt this or should we send it back? No, I'm saying adopt this policy for now so staff can issue permits change the policy knowing that we can knowing that. Yeah. Okay. And ultimately some of these provisions may come back in ordinance form once we sort of have the clean up ordinance that is more holistic.

Okay. Fair enough. John, would you like to make the motion? Sure. I make that motion. That's that's presented. I have a motion presented. So no. So no changes. That's not That's not what you want. You you want to change the one thing to the 10 days from Oh, that's right. Yeah, that's right. Sorry. Maybe keep it at the 100 until we look at it and it can be changed. That's what he said. Okay. So, we have a motion on the table. Is there a second? I have a second from Councilman Webb. Is there any further discussion? We still have a lot to do. Uh, go ahead.

Vice Mayor. Yes. Yes. Yeah. Yes. Council member Chanel. Yes. Motion passes unanimously. Thank you, Miss Darla. Thank you. Okay. Is there any unfinished business, Miss Adams Jacobs? Okay. Any further informationational items? No.

Okay. I am going to open the podium up to public comment. Please state your name and address. You know the rules and and we have to legally we have to do it. I know it's been a long I believe it.

Oh no. What am I supposed to do first? Sorry. Say whatever you want.

Uh your name and address. an address, Emory Giles, 260 Roper Drive. Um, good evening, mayor, and good evening members. Uh, I've been sitting back there with frustration like you would not believe, talking about the sidewalks. 7 and 1/2 years ago, I came to town council, not for the first time, begging for something to be done with the sidewalks. Now, this was unusual. I I don't uh fault people for not having their sidewalks clean, except businesses. They want people to come. But this is not the only time that the sidewalks are not passable. Uh I walk a lot with my husband. I walk a lot uh by myself. when he was at the voting uh u booth the uh this last Tuesday, I brought him lunch. When I got on Gil Street and I saw it was clear, I said, "Oh, thank God." I turned the corner, there wasn't one inch of sidewalk that was clean until I got to the to the um ice cream parlor. But like I said, this is not the only time. Now, I understand there's something on the books that the people, whether they rent or they own, they are supposed to clean the sidewalks in front of their house. This does not happen. This does not happen. In a lot of places, it it it doesn't. And in a lot of places, it's dangerous. And I'm not exa exaggerating. It's not hyperbole. Um, but nothing's being done. So, I'm here to say it again. We need to clean the

sidewalks. We need to let And I don't know where Melissa put out a um a notice because I was here begging for them to put a notice on the back of uh of social media. Okay, that explains it because I'm begging them to put a notice on the back of the water bill like they used to do and I was told it couldn't be done and and I don't understand why it can't be done but that's what I was told. Okay, done with that because I'm getting nowhere with it. But at least the frustrations I'm going to go past my three minutes. I'll tell you that right now. Now the

I am allowed to let her speak. The other thing is uh please don't do away with the yellow the yellow uh paint. Uh one of the reasons it's on there in front of the ice cream place is again I'm not exaggerating. I went to cross the street and this man came around the corner and he didn't miss me by much because he couldn't see me. There were cars parked uh all along the street. Chase Street is not as broad as Main Street. They should not be allowed to park on Chase Street. Uh, let people off. Fine. Let them off and then move out of the way. But there's a parking lot right next to the

the lodge. Whatever. The lodge. Yes. Thank you. Uh, but that's important. I mean, I I got the impression that you wanted the yellow uh they're they're not enforced anyway. the yellow the yellow streak in front of Anna's place. People park there all the time. All the time. So, they're not enforced, but it's really important on Chase Street.

Justin um actually came in and spoke to the ladies at the Eastern Star because I told them they couldn't park there and they said I was the mayor. I should be able to mitigate that. And so I brought Justin in to speak to them and he explained they could put their flashers on and load and unload real quick, but then they needed to go park. So I just wasn't sure. I mean, one day there you could park there and the next day you couldn't. And the the front of the lodge is so far down, it wasn't interfering in the corner, but people would park behind it.

Well, I don't know if I'm taking credit for this because I screamed when that happened to me. It scared me uh because I'm telling you, the man came very close. He was coming around the the corner very fast. And um I I screamed to everybody that would listen to the town chief to to Scott uh uh Moer uh to a deputy, anybody who would listen because it scared me. Now, the last thing will only take me a second. Uh he's not here, but it's on record. Uh thanks to uh Justin Cecil, we can get out of our driveway because we don't live in a neighborhood where the neighbors look out for the neighbors. And my husband's not a young chick anymore and neither am I. But Justin um came by and he saw what a mess it was and he called Jeff Cely. Jeff Cely came over. He cleaned what he could and then uh Justin came back and he helped us um out uh some so that we could get the car out of the uh driveway. So, I just wanted to acknowledge that our chief of police goes above and beyond. We're lucky to have the two men on the force that we have and um I just want to acknowledge that and thank you for the overage.

I reserve it. Thank you, Miss J. I too would like to thank um Chief Cecil during these types of snow events. Um I I call myself a snow widow because my husband has to do snow removal and deal with that and I'm at home alone. I will tell you, Chief Cecil called me every single day to check on me because he knew I was at the house alone and to see if I needed anything if I needed something from the grocery store. He was absolutely tremendous and he didn't have to do that. So, thank you to Chief Cecil even though you're not here. All right. Uh any more public comments? Closing public comment, member comments. John, do you have something to say?

Uh, nothing to add. Miss Jean, I say it's time to go home. Will we still close session? Jeff, no. Okay, good. Then we can move on. Want me to read this thing? Yes, please. All right. I'll I'll move that we go into close session pursuant to Virginia Code 2.2-3711A88 for consultation with legal counsel about a corrective action agreement with the department of environmental quality. I have a motion on the table from Councilman Voit. Is there a second? I'll second it.

Second from Councilman Haggamman. Any discussion? No. All in favor raise your right hand. We will take a fivem minute break to clear the town hall.

All right, mayor. We're good. Okay, we are back from close session. And at this time, I would like to ask for a motion from councel. to um to certify the corrective action agreement. No, I'm sorry. Oh, we have to certify. We always spoke about notion to cert you know, you know the routine. I know. I'm I told you it's been a long day. Roll call vote to certify.

A roll call vote to certify. We only spoke about what we went into close session for. And I will ask the clerk to take them. Yeah. Council member, I certify. I certify. I certify. Council, I certify. Council member, I certify. Council member Chanel, I certify. Thank you. Now we can go to the other motion. What? Uh, are you going to make a motion?

Mr. Attorney, can you can you state the motion and then I'll motion to approve the uh draft corrective action plan with the EQ and authorize that to so moved. So I have a motion. I'll second. That was articulated by our town attorney. Seconded by Mr. Hagerman. Is there any further discussion? All in favor, raise your right hand. John I. Okay. Motion passes. I make a motion to adjourn the meeting. I'll second that. Any discussion? All in favor? Thank you. Thank you, John.

Thank you, John. Good night, John. See you guys. No.