Town Council - Regular Meeting

It is 10 minutes after 6 and I now call to order the town council meeting of Bowling Green, Virginia. Would everyone please join me in the pledge of allegiance? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. I will now take a roll call. Miss Davis here. Mr. Voy, I'm here. Mr. Webb here. Dr. Chenalt here. Vice Mayor Coyle

here. Mr. Stor here. Mr. Hagaman here. All members are present. And we have a quorum. Um, the next item on here is the consent agenda. I would like to pull out number five. Um, are there any other Does council need to pull out any of these items? I make a motion that we approve one through four. Then I

I'll second that.

I have a motion from um Councilman Stok. A second from Councilman Voit. Uh is there any discussion? All in favor, raise your right hand. 1 through four. Motion passes unanimously. Item number five, our strategic planning retreat minutes. I went through those. There was no mention of council's desired the mayor put on the checking account which has not been done yet. So, I want that reflected because we did have discussion about that at the meeting and Mr. War was also there. So, I'm confused because our code says the mayor and town treasurer or finance are to be on check.

Yep. We went we went all through that at the meeting. So, if it says it in there and I'm still not on the checking account, but it was not reflected in the minutes and that's what I want.

Reflected a change in the minutes. So, madame mayor, by by the way of our minutes are not typically verbatim minutes and that was addressed in the code administration update since then, but if that's what you would desire and council would desire, we can do that, but that was addressed as an action item after the retreat and has since been adopted in the the code. So, I mean, I think if if that's reflects the discussion of that meeting, that that's I don't see a problem with amending the minutes. But to follow up on the manager's comments, u we've adopted you've amended your code now per the direction of council, right?

Just so everyone knows the the the way it's now set out is it's the um it's staff. So it's the treasurer or the mana and the manager and the mayor is the signatory in the event that both of those two are not available. I believe that's isn't that the lang I believe is if the manager is incapacitated the yeah but we can so it's like a contingent signatory just so everyone knows that's the new that's the new code provision. Well I'm not on a checking account yet so it hasn't been fulfilled. We just updated the code, I believe, at the last meeting, but we can definitely make sure that that happens quickly for you.

Thank you. So, we don't need to amend it. Can I have a motion to uh pass number five on the consent agenda? I make a motion we approve the um minutes from the council retreat.

I I have a motion um from Councilman Stor as second from Vice Mayor Coyle. Any further discussion? All in favor, raise your right hand. Motion carries unanimously. We will now go to um item number six. We're going to have a public hearing on fat, spoils, and grease fog. just hand it over to staff.

At this time, I will hand this over to um our town manager. U madame mayor, at the last meeting, um Mark and Bowden from Inv Environmental Services uh drafted and presented the fog ordinance that has been reviewed by staff as well as the attorney. Um Mr. Jamie Sylvia is from um invod is here today um who can answer any questions as it relates to this um but the item is now available to be um open for public comment for public hearing. At this time um I would like to open public comment. If uh you have anything to say when you come up please give your name and your address. You have three minutes to speak. Um, and you will address me, the mayor, not council, please. We will not be responding to you. It is against our rules. Is there anyone wishing to speak at this public hearing? Going once, going twice. Closing public comment. Miss Adams Jacobs, do you have any information you would like to impart at this time or

as it relates to public hearing? Item no. Um Mr. Sylvius, if you want to come up and speak to how it would potentially be implemented. Um if you want to do that at this time, otherwise the action would happen later in the meeting for that item.

So the uh log ordinance is really there and inspect it for a level of grease and can send samples off. And if it's in violation, then there would be a fine attached to that and it's all there just to protect the uh sewer system and the wastewater plant uh because it it wres havoc on all of that. It ruins pumps and and such.

Anything? Are there any questions from council to Mr. Soloas? Thank you. We will take action on this later on in the agenda. At this time, if there's no other discussion, I'd like to close the close the public hearing. Public hearing is now closed. Item number seven, our next public hearing. We have a public hearing on the route 301 special tax district ordinance amendment. Um, at this time I will open up the public hearing and I will open up public comment. Again, you have uh state your name and your address. You will have three minutes to speak. I have a Mr. Ken Swain signed up to speak at this time. Sir, would you come forward?

If you'd like, you would help. I can explain it before people come to that would be nice. We'll do that. I'm not on the other ones, but okay. So, I may have signed up for the wrong one. I was uh here. No problem. Nice to see you. Yes, sir. A little bit. Is there anyone else desiring to speak at this time, Mr. Beat? I'm Mike. Thank you for having me.

Uh special tax. I do have a few question. Is there special district tax for especially business businesses and business property is there is so much inconsistency in taxes I notice my bill has grown 133% and there is some council member I see they since that special district is adopted in 2004 saying that I all council member if you can take off that special district tax for all those property owners and leave it as a town tax because just giving example $5,000 just for special district tax for water plus we pay a regular real estate tax so and it has gone up from 24 which is special district tax supposed to be constant figure and I'm hearing I'm having hard time to understand that you know also as a public uh knowledge I know that district That's not 76 supposed to be by sound. So you look into it. I would urge that you you know uh look at carefully and just uh remove that specialistic tax that's unless you have a real solid reason why we need to

pay and it's keep on rising. It hasn't gone down after 15 years. So it's very and uh the next deadline to finish that tax is I heard it's a 20 59 by the time I'll be there. So thank you. Whatever decision you guys make I would really appreciate. Thank you.

Thank you Mr. Maggot. Is there anyone else desiring to speak at this time? At this time, I will close public comment and I'm going to turn this over to our town attorney to explain a little bit about the 301 special tax district ordinance. Uh, thank you, Madame Mayor, council members. Um, so what's before you tonight is not an ordinance to repeal the tax district. Um, it's not an ordinance to change the tax district. The tax district was set up by council in 2011 to cover a percentage of the expense expenditures to expand water and sewer to to that corridor identified in the ordinance and properties in that corridor that at the time did not have water and sewer. Right? So, the ordinance under state law created the district which allows the council to add a special assessment to those properties to the real property tax. Around $3.7 million of debt was incurred um at back at that time for the expansion of water and sewer and that debt has a couple times been refinanced but um in order to lower the interest rate the last time. But the ordinance that was passed in 2011 um calls for council to be able to to aortion 25% of the that debt payment through the special assessment to those properties. Right? So those properties aren't bearing the entire cost of the expansion of water and sewer there which was done for economic development purposes at the time. They're bearing 26% of the cost. And the speaker was right. the balance of that would just fall on the general taxpayer. So all in

the course of looking at that debt that still exists. Um and you've had m multiple meetings explaining that. We realized that there were some questions about the tax district ordinance. Um and that's all this ordinance does before you tonight is clarify a few a few points. Um, one it gives a little bit of history of the ordinance and the whereas clauses which I just went over. Uh, the other thing it does is clarify that if it is a taxable property under state law and local ordinance, it's subject to the assessment. If it's not a taxable property, if it's, you know, some form of charitable entity that under state law or under local ordinance has been designated as not subject to real property tax, then that property is exempt from the special assessment because that property doesn't under law pay property taxes. that was not crystal clear in the wording of the 2011 ordinance um that designated the non the the charitable properties at the time which some have since changed hands and are no longer under that charitable nonprofit designation. So one thing it does is clarify if it's a taxable property it gets the assessment. If it's not a taxable property it doesn't the assessment is not applied. Um, the other thing that it does, uh, there's there's one other clarification. Um, it it includes an updated list of the taxable properties by parcel number. Um, and a map showing a sort of a GIS outline of of the district. Um, that's really about all it does, you know. So, what's before you tonight is just really a clarification, an update of the existing ordinance. It's not an expansion of the district. It doesn't

add parcels to the district. Doesn't subtract. It doesn't change the 26% provision that you're allowed to assess a portion of part of the existing debt. And so, that that's what's before you tonight and that's what was advertised. And um so the only other thing about the debt going out to 2050 and this has been covered as well. Council has made a decision, I think has made a formal decision at a prior meeting to pay it faster than the pay that portion down faster than the current amateurization. In other words, pay it down according to the prior schedule which I think is around 2041. I manage is that what it 2040 2041?

I think it was 41. All right. So, I think that's the council has made that decision. Um, so it's not going to be extended out. So, you know, after that point, it would fall off. Um, I think that covers it. I'm happy to to answer questions, but again, this is really just a clarifying update for council, for the public, for the property owners, and for like posterity so that so that future councils don't have to figure this out again. I think this just sort of sets the record straight. Are there any questions from council to the attorney at this time? Mr. Voit,

got just one. Um, you know, speaking of ambiguity in the old version, does this one speak nice and accurately to make sure that it captures all the land that um, like if the land gets subdivided, combined or boundary adjustments, things like that? Yes, that was the other clarification that slipped my mind. Thank you, Councilman Voit. The other clarification is that um, because of course parcels from time to time subject to the subdivision ordinance can be subdivided. I think some probably have since 2011. Um, so it does it does explain that if if if a subdied parcel that is taxable, you don't suddenly create a parcel that's not subject to the special assessment. Right? Again, any any taxable parcel that's created from a subdivided current parcel would be subject to the assessment. So that is made clear as well.

Any other questions? Miss Adam Jacobs, the uh the I want to confirm the date on this is 2041. This it's not in the ordinance, but yeah, that was a question asked. Correct. That was the scenario that council selected um to have the paid 3 to through 2041 through scenario 2 instead of 2059.

Correct. Okay. Anything else at this time? I will now close this public hearing. The next item on the agenda is a public hearing on the proposed insurance of general obligation bonds of the town in the maximum principal amount of $3,200,000. I now open the public hearing for this. Um, at this time if there is anyone wishing to speak, I will open up public comment. Going once, twice. I will now close public comment. Um, at this time, I'm going to turn this over to the town manager. you can go ahead and open public comment for the next item for public hearing for the next item.

So, we have nothing to speak about on this then. It's late. It's under new business. So before you have the resulting case 2026-101 Fairmont and I'll have staff come up, but we will officially still need the public hearing officially opened this public hearing. Yes. So we will just um continue this public hearing later in the meeting. Is that what you're saying? The action item discuss. Okay. I know it's an action item waiter at this time. Can I close a public hearing? You need to open it first. You already have.

I did open it on the bond. She said the thought she was on. Oh, yes. No, you have nothing. Okay. Thank you. Okay. At this time, I will close the public hearing. Thank you. Now, we will move on. Mayor Gamble. that sir.

I would like to recuse myself from participation in the Fairmont resoning discussion. I do have an ownership interest in the LLC that is applying for that reasonzoning request. I did provide you uh with a written statement for the files, but I'm going to just sit out in the audience and and listen. At this time, I will accept that decision. And yes, you have um provided me with a disclosure of personal interests and disqualification pursuant to Virginia Code 2-2 2.2-3115F. And um I will pass this down to be entered into the uh official record. And at this time I will um open the public hearing for the reasonzoning case 2026-00001 Fairmont. Public hearing is now open and I will at this time open this up for public comment. I have a list of people and I guess I need to add a name because he was on the wrong list. Oh, I'm sorry. Go ahead, Miss Yes, ma'am. Madame Mayor, members of town council, Miss Adam Jacobs. Um, I'm Dala ODM. I'm here. I work with the town um relative to planning and zoning matters and I was going to read you into this public hearing this evening um to review staff's um analysis of the proposed resoning case I'll get the um we'll get that to load up while that's happening. And I'll just let you know

that this is as the as the madame mayor stated the resoning case 2026-01. Fairmont Land LLC is requesting reszoning from business B2 district to plan unit development pud district. here. These will cut the lights down a little bit up near the Okay, that's fine. Good. So, if you would go to the next slide, please. Um, this is, uh, looking sort of a fly over, if you will, into um, the property, there's a, um, the property subject property is identified there. If you look at um the property up fronts uh route 301 or AP Hill Boulevard and um just at the bottom leftand corner of the screen you see east Bris Avenue. Um Lakewood Road runs from the north of the subject property around towards the back side of the property. I know you all can

locate it on there. The subject property is 19.47 acres. It fronts approximately 985 ft the northwest line of Route 301, approximately 535 ft north of its intersection with East Broadus Avenue. The subject property is a vacant wooded property. Um it is um nearasic creek abuts the subject property to the south. Property to the west includes a pond is within Caroline County. A pond is also located in the vicinity of the subject property on the adjacent property generally to the northeast. Next slide please. This also shows the subject property. It's a little bit closer in. Look. Um what you'll see is the subject property here. It does involve parcels 43A34 and 43E1 4R 56 7 and 8. Um, you can see route 301 and East Broadus Avenue as well as Miraas Creek just to the south generally of the subject property. Next slide, please. This is uh the zoning map for the town. The subject property is identified here in the zoning map. It is currently zoned um B2 as I stated before and they're requesting to reszone it to the PUD district. uh surrounding properties uh to the north, west, and south are currently zoned agricultural A1 and are vacant watered parcels or are occupied by larger lot single family residential use. Properties to the southeast across Route 301 are zone B2 and are occupied by commercial uses or are vacant wooded parcels. This map is from the town's comprehensive plan. This is the town's adopted future land use map. and the subject property is identified here. It's shown as part of the purple area. Um that's the subject property is circled there. The town's comprehensive

plan recognizes that growth will come to Bowling Green and that growth is beneficial to bring new money into the town's economy and also to increase tax revenues. The plan recognizes the importance of the future land use map to provide the right mix or right balance if you will of residential, commercial, and industrial land uses um to meet the demands of growth without sacrificing Bowling Green small town charm and quality of life. This future land use map identifies the subject 19.47 acre property as part of a larger mixeduse future land use area. That whole purple area that you see there that the subject property is just at the southern end of that is the area on the future land use map that's identified as a mixeduse area. Um this was adopted with some of the changes that occurred in some of the comprehensive plan considerations in 2022. Um this is an area where the plan suggests that mixed use is appropriate that concentration on commercial uses would be um part of the consideration of this area. the subject property and the proposal before you adds a maximum amount of commercial uses permitted in by the PUD district which is a maximum of 5% and with this proposal they would be adding 16,880 square ft of commercial use. The plan states that this mixeduse area is intended to provide a variety of land uses, not only commercial, but also a variety of housing types and prices, lot sizes and densities and architectural variety. Um, the plan suggests that these developments should be compact, walkable communities, and that the mixillion uses would encompass a variety of both retail and office and commercial uses and a variety of residential uses, including higher density accessory

apartments and residential units. over commercial uses. The plan offers that other uses would be appropriate. It might include educational facil facilities, cottage industries such as perhaps a you know coffee roastery, some of those smaller cottage type uses, live work projects, recreational facilities, and compatible public and civic facilities. Um the plan uh also suggests that pedestrian access should be required as an alternative to automobile reliance and that that should be carried out throughout the community to ensure continuity among the various land uses that are proposed within this mixeduse area as well as um connectivity back to with the town. The plan recommends that transitional uses or through a project design considerations should be given to allow for some transitions between various types of uses, but also continuing to still provide connectivity with the street networks as well as pedestrian connectivity. the within the mixeduse land use area um adopted again in 2022 the policies were add there were policies added to the comprehensive plan to guide the mixeduse developments. It's important to note that the comprehensive plan is not regulatory such as with the zoning ordinance but is rather a guide with recommendations for the development. in the staff analysis um on page pages four through six there is a list a chart on each one of these pages that um summarizes the 16 policies of the mixeduse land use area and uh with this there is the summary of the comprehensive plan policy. There's also a summary of the applicant's response relative to that requirement or policy

of the comprehensive plan and then staff's evaluation of the case and whether or not the um project is in conformity with the policies and recommendations of the comprehensive plan. So if you look at those and I won't go through each one of them with you tonight because I know that you've had the opportunity to look over these but talks about high quality standards um relative to site layout, building configurations, materials, massing and height of buildings uh landscaping. Basically the overall site design should incorporate high quality and there are a lot of aspects of the current proposal that does include those aspects. And so staff has noted here that it does conform. There are um the plan suggests incorporating public open spaces and the plan does that. They are actually um including public open spaces that would include a public park uh with you know that is has its amenities already to be constructed as part of that park. that would include a playground, a pavilion with a bathroom, parking area since the planning commission's meeting and and listening to some of the planning commission comments. The proposal um the applicant added to the proposal that there would also be bike racks in a grill space in the public park area. Um there's a walking trail that they've incorporated along the um in within the RPA buffer adjacent to Maricos Creek. And um so it goes on and like I said, I'm not going to go through each one of those, but you're I'll be happy to answer any question about those. Um next slide. Okay, this is the general development plan that was submitted with the application. It does show a mixeduse development with treeline streets, usable open spaces, and a variety of

attached and detached residential dwelling types, as well as commercial and office uses. The development would include a total of 147 dwelling units. 43 of those would be the detached single family dwellings, which you see around the outer boundary and also in internally around the public park. That would be the detached single family dwelling units. um 40 attached single family dwellings or town houses and 64 multif family residential dwellings including two vertical mixeduse buildings which are the two buildings um on the left side of the actually on the right side of the entrance excuse me coming into the property there are two buildings there that would have the vertical mixed use um the they are proposing an overall density of 7.5 55 dwelling units per acre. This falls within the guidance of the PUD ordinance as well as the comprehensive plan which suggests that 10 dwelling units per acre or a maximum of 10 dwelling units per acre is appropriate. There are commercial and office uses that we've I've talked about 16,880 square ft that is planned on the first floor of the two mixeduse vertical mixeduse buildings. Um the development also shows here that there is um a public park. We talked about a walking trail if you look at the open space that surrounds the development from the left side um over to the western side or the southern side and western side. That would be a trail within the RPA. There are sidewalks on both sides of all of the internal streets with crosswalks. They've added a crosswalk after some input from the planning commission. um at Emory Lane to um assist with access to the public park. There also is a

shared use path that the applicant has agreed to construct this um 10-ft wide shared use path would um connect the property. It would be constructed from the property back out to East Bris Avenue and then it also would be um extended along East Bis Avenue. And um this plan also includes now after public input at the planning commission meeting an additional extension of sidewalk um on the north side of East Broadus that would connect to the existing sidewalk on that side of the road. Um, so that's also in here. Now, the conditions address the quality site design and architectural design standards. Um, the building materials that will be used, landscaping and decorative site lighting. Um, and so they all are included within the proper conditions as well as identified on this general development plan. The proper conditions require development of the property to be in substantial conformance with this general development plan. Next slide, please. So, I've talked a little bit about the quality site and architectural design. Um, the applicant uh has profered these requirements and they it's uh basically um they've been sensitive to and have incorporated the environmental features into the site design. Um there are landscaping transitions that are provided as well as treeline streets. They've offered hardscape driveways and frontw walks to each of the dwellings uh each of the single family dwellings. And there would be decorative site lighting. They've provided an example of that light as part of their general development plan. Um and they also are going to have specific quality building

materials and specifically um they'll use masonry um siding. They would be allowed to have hardy plank that cementitious sighting and then they would also if they're going to have vinyl the vinyl has to be of a certain width 044 is the width that's considered quality as far as vinyl. Um they're also having varied elevations for their architectural treatment. Um they would have masonry foundations and front porches. They would have 30-year uh guaranteed architectural dimensional shingles for the roofs and they would have upgraded garage doors. Side by side, neither none of the dwellings, the single family dwellings or the town houses would be allowed to have the same architectural design or material color scheme so that you don't ride through the development and it looks like a cookie cutter, if you will. So, one of the things that you will have is variety along the streetscapes, which helps to keep um developments like town homes from looking having a barracks type of look. Um we'll leave that to the fort right area. But so with this that is it adds quality to the overall development. So there would be varied elevations even for the um portion of the property that is the commercial and apartment portion. They have um profered that there would be varied roof lines and varied elevations, but there would be four-sided equal architecture, meaning that none of the four sides of the building would have less detail than the other sides and that they would also have a certain percentage of those facades, 30% at a minimum would be masonry. Um they are going to be screening mechanical equipment whether that's rooftop equipment or groundmounted equipment and um they have

offered some variety to break up the massing of the larger apartment buildings and mixeduse buildings with um architectural variety but also having overall cohesive residential character. Um next slide please. Part of the discussion um and review of this case was to look at it from a impact that the proposed development may have on the town itself. Um so the application was routed to the various town reviewing departments as well as as some from the county to address you know is their capacity what would be the impact of this many dwelling units with the additional commercial space on the town overall. And so the report outlines this from an uh environmental and cultural resources perspective. the um Virginia Department of Historic Resources, United States Department of Interior, and the town's comprehensive plan. According to those documents, there are no cultural resources located on the subject property that would be impacted. There is um the resource protection area that we talked about. Um and there would be no impact on the resource protection area except for a trail that would have to be constructed in compliance with the requirements of the ordinance for that area. Basically, it would have to meander through the RPA without creating disturbance, taking trees out, those kinds of things. And that would be a mulch trail. Um, relative to traffic impacts, the um VOTE has agreed on the location with the applicants uh for the main entrance right in right out onto 301. and then also relative to the emergency access which is pro proposed at the northern boundary of the subject

property and that was also reviewed by the fire and emergency medical service folks um and they agreed that that emergency access was appropriate. They did suggest some um standards for how it would be constructed that it would be able to handle a heavy vehicle if it pulled off and was waiting to get into the gate, emergency vehicle, and it also would have what's called a NOX box so that could be accessed easily by the fire or rescue folks if they needed to get in that way. um relative to water and sewer. The town's um contractors that have been working with the water and sewer facilities reviewed the application and they provided a statement, a letter, and that's in the report. They've looked at the flow that was suggested by the applicants and they said that Bowling Green has sufficient water and sewer system capacity to serve the proposed Fairmont development. Um, in addition, the project would um be served by the town's trash collection and they would work that out at the time of site plan. The fire and emergency medical service Caroline County Fire Rescue stated that they have no objections to the proposal. Um, this is on page eight of your report. They feel like that with the proposed approximately 350 residents that they did not anticipate they anticipated the impact to be minimal and manageable within the county's current um operational capacity. Uh no extraordinary service demands. They worked with the applicant to um review and make a few changes to the general development plan that would accommodate their larger vehicles that would need to have access to so there' be appropriate turning radiuses and then um like I said they approved the emergency access gate.

Caroline County Schools um reviewed the application and um they agreed with the number of students that would be anticipated to be generated with this request. So that that's included in the report. They also say that they would um feel like that workforce related housing is important within the community that um they have approximately 50% of the schools division's employees commute into Caroline County from surrounding jurisdictions and as part of their ongoing recruitment and retention efforts, the availability of affordable and attainable housing within the county is an important consideration for both prospective and current employers. employees. And then um the proposal was also sent out to um look at from an economic impact analysis to see what the impacts would be relative to taxes. Um connection fees, uh commercial use impacts and um you know any whether what benefits may come from any residential, new residential or visitor spending. and also job creation. This is in your report. Um in summary, basically there would be um for the town taxes. Um a onetime ordering Well, let's talk about the water and sewer connection fees first. That would be approximately 1.436 million for between 2027 and 2030 for the water and sewer connection fees. Those are onetimes fees. There would be real estate taxes which would be approximately $66,300 annually. And um there would also be water and sewer usage fees which would

generate approximately $181,000 annually. And that the renter occupied units would generate approximately 11,124 annually. Personal property taxes are estimated to have um a revenue of about 59,000 and that there were track trash pickup fees a little um almost 35,000 in income by 2029 and for a portion of whatever the um development may have on or they may be paying meals taxes. Then that was anticipated to be between 162,000 and 294,000 annually after 2030. And then the study went in to talk about when you have new development like this, it brings new money in. It brings new money in because of the new residents, but it also brings new money in for visitors either to those new businesses or to those new residences. And so, um, they've calculated that. This was a study done through Virginia Tech and um they calculated the new residential spending um to 5.1 to 6.6 million and the impacts on the new visitor spending between 768,000 775,000. So the um overall between those two, Virginia Tech estimates that the new visitor and new resident spending would bring between 2.1 million and 4.5 million um in revenue into the town. The new businesses would um be projected to create a little over 16 to almost 30 new full-time jobs or equivalents within the town.

Next slide, please. With this request, the um applicants are um seeking three modifications to the current standards of the ordinance. This is not unusual when you have a plan unit development because in a plan unit development, it is allowing a development that doesn't fit, you know, the cookie cutter, if you will, standards of like an R1 district. If it did, then they would be asking to zone it to R1, but they're asking to zone it to plan unit development because it allows flexibility in the overall design of the project to then allow a unique product to come out. In this case, um you know, they're meeting minimum standards uh of the ordinance for PUD except in these three areas. Uh one is the maximum building height. They're they want a modification to the building height of 35 ft to allow a 45 ft tall. So it' be a 10-ft modification. Um they are asking for the 45- ft tall buildings. The applicant explained that the taller structure, if utilized, would permit greater architectural variety, especially in roof lines that they can modify and also would allow um screening of the roof mount uh mounted mechanical equipment and would also permit possible rooftop amenities. The second exception that they're requesting is to open space. The um PUD standards in the ordinance require a uh 50% of the total project to be in open space. In this case, out of the 194 19.47 acres, that would be 9.74 acres of open space in the development. The applicants are providing 6.39 acres of open space, which is 33%. But I think it's important to note and

staff is supportive of the modification um because relative to the on-site open space, they're not just counting wetland areas or only or RP areas as open space. They actually are incorporating usable open spaces in the development. Um and part of that is the public park which would have the amenities in it and open to theu community. They also have the whole development is walkable which is important from an open space standpoint. And they also are agreeing that prior to the 40th certific certificate of occupancy being issued that they will actually construct all of these amenities. And they also will construct the 10-ft wide shared use path which would connect this project back through the sidewalk that's on the north side of East Broadus Avenue, but it's also runs through the entire property and would be able to be picked up for the next development that comes along within this mixeduse area.

Just hold up a minute so it's caught. Thank you, Miss Darla.

You It's connected. Pass it down. Pass it down.

Okay. All right. All right. I'm going to share my scoot my papers over real quick. Let the D I know.

All right. Let's see. We were talking about modifications and we were talking about the open space. I think consideration should be given to the fact that they're also um profering to construct and agreeing to construct the 10- foot wide shared use path which adds um approximately 1.5 acres to the open space that they're providing if you will even though that portion of it is offsite. I think that, you know, while we're not counting it and we're saying still saying they need an exception to the 33% or six plus acres that they're providing, consideration should be given that once they build this um shared use path, that's an additional 1.5 acres, which makes their total open space 7.89 acres or 40.5% of open space. The third exception that they're requesting is to the provision that no streets within the PUD district should be private. Um I'm not sure why that's in your PUD ordinance. However, I think it's intended that it's important to have public streets within a development. But when a with a pud design, when you have dwellings such as the town homes that face a public road, it's often a practice in the traditional neighborhood setting that you have alleys that serve the backside of the town homes. And those alleys of course would be private and would be maintained by the homeowners association. So given these considerations, staff finds that granting the three modifications to the pub zoning district regulations is appropriate. Next. Okay. So the proper conditions in this case, we've talked about them. They're listed here. Um, you know, they have to comply with the GDP. If there are any minor modifications to the GDP, that would have to be approved by the

zoning administrator at the time of site plan. They have um the landscaping we've talked about the density, transportation, water and sewer, the amenities, the architectural design elements, site lighting, all of those are profered in the case, which means they become law and they're enforcable for in this development. Um so I think that we've talked about those. I won't go in any more detail unless you have any questions. The planning commission following their public hearing um at their meeting last month voted unanimously to recommend approval of this case to you. Staff also recommends approval of this case subject to the three conditions in attachment one of the staff report and acceptance of the profered conditions in attachment two. The um proposal complies with the comprehensive plan as we've discussed. There's quality site and architectural design that are being offered in this case. There's housing variety that the plan recommends and also commercial uses are appropriate. There's no negative impact to the town's infrastructure or servicing facilities that we've heard from from those various departments. um the modifications that are requested or appropriate to offer the flexibility that's needed for the PUD and um it is planned along the town's periphery which if you the comprehensive plan suggests if you're going you know this would be an appropriate place based on the future land use map for this type of mixeduse development and um based on the economic analysis the overall development have a positive impact on the town and I'd be glad to answer any questions

M at this time we'll save the questions for later on when we take action on this.

Um at this time I'm going to open it up to public comment for this public hearing. Um you have three minutes to speak. Please state your name and your address. direct your um comments to me as per our rules. Council cannot respond to your comments. I'm blinded at the moment. Um the first person on this list is Miss Diane Smith from Fort AP Hill. Welcome, Miss Smith. Thank you.

This one. Okay, great. Thank you. Um good evening, Mary Gamble. Um, I'm Diane Smith. I'm from Fort AP Hill and we are proud to be part of this community and we're committed to being a good neighbor. I'm here tonight to discuss some ways that the success of this proposed development um as well as our mission can go handinand to enhance um our compatibility. Uh, as you know, our mission involves critical training exercises for nearby residents. This can mean experiencing periodic noise, vibration, smoke, and aviation operations. It is in a unique aspect of living near an active military installation. We have a couple of requests. Um, the first is proactive and transparent communication to ensure our future residents are fully informed. We request that the project profers include real estate disclosures. This simple, proactive step ensures transparency from day one and manages expectations by informing future residents that they're moving next to a dynamic military environment. Our second request is protecting our night skies. To preserve our shared environment and support our nighttime operations, we request um a requirement for proper uh dark sky friendly lighting throughout the development. This means that all lighting must be fully shielded and downward-facing. Um with these two requests, the transparency in real estate and responsible lighting will build a stronger, more informed community for everyone. I thank you for your consideration and the opportunity to speak tonight.

Thank you, Miss Smith. Have a lovely evening. Thank you. Next on my list is Mr. Jason Mans.

Welcome, Mr. Mans. Um, I'm here. Can you hear me now? Yes. All right. Uh I'm I'm here uh in kind of three capacities. One, uh Could you state your address? 17 350 Lakewood Road. Thank you. Yeah.

Um I uh I'm here kind of in three capacities. One, uh since I said I live on Lakewood Road, I'm a neighbor. Um and then I'm also uh a business owner in town and um the chair of the EDA. And um all three of us unanimously agree that uh this should probably pass cuz we need some more people in town. Um that's all I got. Thank you. The next person on my list is Mr. Mike Bagot.

I'm Mike Bagot at 18080 AP Hill Boulevard. I I am also for this development which is we are long waited. My concern would be special district tax how much this uh new development will take burden off us all existing. I did not hear on proposal that they will be contributing towards this uh special district tax. While this special district tax was created for water sewer and this new development is using water and sewer also. Second concern is uh this commercial development involved in this. I want town uh council to make sure that develops along with housing development either they develop commercial first or as a portion of commercial and housing. that way we don't left out commercial at last. So that's my concern and I thank you for you know opportunity to speak and I also congratulate webs Mr. Webs for this bringing this development to town. Thank you.

Thank you Mr. Bagot. The next person on my list is Miss Jessica Beal. Uh my name is Jessica Beal. I'm at 127 Sunset Drive. Good evening, mayor, council, and town manager. Um I much like Jason and am here in a few different capacities. Um I am also a member of the EDA. I am the uh president for the DGVA Main Street Group. Um I'm also a town resident and a business owner. And um I think just to put it simply, if we want to um see Bowling Green grow in a way that is intentional and maintains the small town charm that we have, I think projects like this are really important. And so I would urge uh council to see this through and uh approve it to get the ball rolling. Thank you.

Thank you very much, Miss Spiel. The next person on my list, and he's at his right public hearing this time, Mr. Ken Swain. I'm

glad I got it right this time. So, I'm Ken Swain. Um, I'm one of the property owners of Maricos Creek, right across from the development. And um through the earlier presentation uh you get into the detail of how thick the uh vinyl is going to be uh all types of uh designs for sewer and water but nothing about storm water. And uh if you look at the photo up there this the proposed area is surrounded by wetlands and open water and those are uh national fish and wildlife designated wetlands. Uh, I would urge that that information be released uh for the public to look at and I'm sure that it's been um looked at and in full design, but uh as the owner of uh the wetland right next door, all of that storm water would would be conveyed uh that's the only way it could be conveyed is to those uh to one of those three wetlands. And uh that's my concern. Uh and looking at the detail of the development so far, I'm sure that's being taken care of. Also noted that um in the material that was available for public uh review. The design sheets had specific notations that there was no consideration of wetlands contamination uh and some others. So, I'm wondering if that's going to be released as well. And I know you can't answer that yet, but uh and kind of just to know when the next release of information like that would be and it sounds like there's some pretty uh detailed reports already. Will those be made uh public? So, those are my concerns of the the

quality of the wetlands uh at risk. Thank you so much for your and and you are also my neighbor. I live on Lakewood. Your property is right behind mine. Okay. Thank you for being here.

Are there any other citizens or um people outside of the town who desire to speak on this at this time? At this time, I will close the public comment for the public hearing. Madame town manager, do you have anything to add? You um I'm going to turn it over to them. I just want to make sure staff was done. At this time, I will turn this over to Miss Lauren Lake Brooks. Good evening everyone. My name is Lauren Brooks. Um, I'm a professional engineer and I work for Web and Associates. Tonight I'm going to be representing Fairmont Land in a resoning request as you know. Um, first I want to say thank you though to the town staff. We started in 2024 with a strictly residential layout and staff encouraged us to move towards a pud zoning with a commercial component in order to be more in compliance with the comprehensive plan. And so we've gone through numerous iterations to get to the layout that you'll see today. So again, I just want to say thank you for that. Um, can you go to the next slide, please? Okay, so this is our mixeduse project. It combines commercial and retail spaces with residential units. It offers a variety of housing types to include apartments, town houses, and single family dwellings. Um, in order to do this, we're we are requesting a reszoning from B2 business to plan unit development. Um, can you go to the next slide? Okay, so this is the first corner of the project. When you come into the entrance, we have this commercial retail space. We envision it to look very similar to Spsylvania Courthouse. Um, we're going to have that commercial on the first floor with apartments on the second and third floors. Um, another cool thing that we wanted to incorporate, we have a courtyard area between the two buildings that's going

to have outdoor seating. It's going to create a cool environment for people to grab their food and hang out and eat together um, as a family or with friends. Um, if we move further down the project, we're proposing three apartment buildings. And again, these are going to be similar to Spsylvania Courthouse. Um, I wanted to show a couple things on this slide, too. We are proposing some additional landscape screening that's going to go between the apartments and the town houses to create a smooth transition between the two. Um, also on this slide is an emergency access that's going to be gated and available for fire and rescue. So this slide here, um, once again, it's spat in the courthouse just to kind of paint a picture for you of what it looks like to have that commercial retail space together with the apartments, how they're integrated together, and how everyone will be able to go between both of those uses very easily. Moving on back to the project, um, we have our town houses. As you can see here, we wanted to front them on a public road. To um do this, we are doing rearrated units. We felt like this was a more higher quality product to not see the garages on the fronts of the houses. Um we're going to provide parallel parking in the front in addition to the two parking spaces in the back. So, these are some examples of what we think the townous could look like. Uh as you can see, this is just like I just said, the parallel parking in the front with the rear loaded units, the um driveways in the back. So, moving on to our single family detached. We have 43 units here. And the lots are about 50 ft wide by 100 ft long. Um, Fairmont Drive, which is the road that goes along the back, kind of the main drag, and then Emery Lane, which is kind of parallel to the page there. Those are both going to project to the adjoining properties, that's

going to allow for future connectivity. A few things that we have done to create that higherend product that we're looking for. We have made the utility strip which is the grass area between the curb and the sidewalk. It's going to be 5t wide instead of 2 feet wide. And that allows for street trees and street lighting. Also, we have I know Miss Odum mentioned before, but we have a ton of architectural standards that ensure variability but still cohesive throughout the project. In addition to that, we're proposing some foundation plantings on those homes. So, I just wanted to recap back to the layout to show how we have our dense uses in the front towards 301. And then as you move back, we have the town houses and then we have the single family in the open space kind of creating a natural transition from 301 back to our adjoining properties. It also kind of shows you how we have all the different types of housing that will appeal to different buyers at different income levels. Um, since this project is located at the entrance of town, we saw it as an opportunity to make a good strong first impression that any for anyone that's passing through and that's why we have these architectural standards to be able to have a beautiful building as soon as you come into town. So, we talked about our open space. Um, the biggest open space component that we have here is the Bowling Green Community Park. This park is going to include a playground, a pavilion with a restroom, open playfield area, and a parking lot. And then based on planning commission suggestions, we also added um a bike rack and a grill. And then we added an additional crosswalk um along Emory Lane to provide a safe path to get to the park from the main road there. And again, this is about a $692,000 asset that will be dedicated to the town that we are going to build on our own. Another way we are enhancing our open space is by providing a 5ft wide mulch

walking trail. um and it's going to meander through the trees. We're not going to create any um disturbance by that. Um but we thought this was a a great way to make that open space more usable for the residents. So this slide here shows how we are creating a safe pedestrian environment. Uh we are going to build that 10- foot wide shared use path that starts at Lakewood Drive on the kind of on the lefth hand side of the screen and goes down East Rodis Avenue to our project and through our project so that if there's any development in the future, they can connect directly to it. We also show sidewalks in red. Um, and I think we mentioned earlier that planning commission noted that there's actually no sidewalk between Lakewood Drive and that um, first commercial building. And so we're going to provide that additional sidewalk there in addition to a crosswalk so that we have a fully connected path from our project into town. So just a little recap on the amenities that we're profiting. the park, the walking trail, and the shared use path all ends up being a little over a million dollars. I'm not going to go into details of this economic impact because Miss ODM already has, but my main takeaway from the Virginia Tech fiscal analysis was that they estimate that 5.1 to 8.6 million will be created by the new residents and their visitors. And of that they think that 43 to 73% will be spent in the town which is a total of 2.1 to 4.57 million. So we worked with um several different departments in the county. Fire and rescue offered their feedback. They had some great suggestions to make the alleys a little bit wider and make the drive a little wider to be able to accommodate some of their firetruck apparatuses. And they had no opposition to this

project. Additionally, the school system, they had great feedback. Um, they think that it would be a great way to bring in teachers and to retain them. More than half of their employees live outside of the county, so this is a great way to house those people. We just have overall had great feedback and we feel like that this would be a great project for our town. So, thank you so much for your time. Um, oh, I would be happy to answer any additional questions, but just to kind of circle back on the questions from earlier. Um, I love the AP Hill feedback. I think it's a great idea to disclose at closings that or disclose to the new residents that there's going to be loud noises, there's going to be smoke, whatever else that's affiliated with AP Hill. Um, and additionally with the lighting, we already have those type of lights specked on our plan, so that's incorporated already. Um, and then we talked about the special tax district. I I believe that it will help distribute the costs throughout the special tax district for the 301 district, but I might have to defer that to the town. Um, oh, and the storm water management that will be determined more at the site plan phase, but it will be fully compliant with all state requirements, water quality, water quantity. Um, that's all part of the review that we'll we will have to go through at the site plan phase. So, I'm happy to answer any additional questions. Um,

at the public hearing, we will not be asking questions. That's for action for later. The only comment I have to make is it's Lakewood Road. Okay. Lakewood Drive. Thank you. Lakewood Road. I'll make a mental note. Thank you.

Thank you for speaking with us, Miss Brooks. At this time, we will um close our public hearing. Okay. Now that we have four public hearings out of the way, I'm going to open the floor up for public comment. If you have something to say, please state your name and address and you have three minutes to speak. Address your comment to me and not to councel. Anyone desiring to speak may come up. Miss Giles, you coming up? Okay.

Is it time for you to come back up? You may reenter um the council. Yes, Mr. We'll kick you out of here when we have consideration. At this time, I will close um public comment. Uh there are member comments. Mr. Hegelman, I have Mr. Stor. Miss Goyle, no. Thank you. Dr. Schnel, Mr. Web, Mr. Roy. Um, no,

Miss Davis. Thank you. Moving on, we will have a staff report presentations, the audit um, presentation. Miss Audrey Davis from Davis and Associates.

Is she here? Miss India? Oh. I'm about to try just

We will um move on. We'll come back to item number 10. We'll move on at this time to item number 11. Um the utilities report from IEES. Hello, Mr. So,

hello. Good evening. Um, this will be the utility report for January and it was it was a good month for January. Uh, water and wastewater treatment. Um, wastewater discharge an average of 84,000 gallons a day or 084 million gallons a day for a total monthly effluent discharge of 2.6 million gallons. water average daily water production rate was.13 million gallons or 130,000 gallons a day. A total monthly production of 4 million gallons throughout the month. Wastewater uh sand dry bed was modified for the sludge bag to be put into use for the sludge dewatering. Um that's that project's still ongoing. Um the the contractors are actually going to be heading that this way soon. Uh quote was received for the new hardware from Hayward for the rotors on the oxidation ditch. Uh continuing to maintain compliance with monitoring reporting water continuing to treat water per state requirements. All state required samples were collected and reported. Um, and then there's a couple extra slides in here based on the fats, oils, and grease that we were talking about earlier. Um, the anticipated management of the fog ordinance. Identify potential fog generators and develop comprehensive list of users on the sewer system that will require pre-treatment. uh coordinate and schedule on-site visits with each customer to evaluate their potential to generate fog and gather information concerning their pre-treatment equipment. Modify list of fog generators as needed based on

initial visit. Plan on annual on-site inspections at each customer on the generator's list. base base reinspection and enforcement actions on annual inspection report and II manages fog programs for other municipalities and is available to manage bowling greens program as well uh for the Fairmont development water demand statistics uh the Fairmont general development plan indicated an an anticipated max daily flow for water and sewer to be approximately 45,639 gallons. The current average daily water and wastewater production is 130,000 gallons a day and 80,000 gallons a day respectively. DEEQ's groundwater permit allows the town to withdraw up to 11.7 million gallons per month. Based on these values, it's anticipated the new development and the new new development will increase the loading capacity of the water and sewer systems to 45% and 50% respectively. It is I's opinion the town's current water and wastewater utility system has the required capacity to meet the new development development's hydraulic demand. That is the presentation for January. Does anybody have any questions?

Um, the drying beds, are they under roof or are they out in the open? They are under a roof. So, the snow and the snowstorm we had didn't impact the beds at all. They Yeah, it doesn't uh primarily land straight on there. Okay, cool. Cool. I didn't know. That's why I asked. Are there any questions from council at this time? Thank you, Mr. Silas. You're welcome.

Do we have Miss Davis ready yet? If not, we'll move on to item number 12, the financial director, Miss Taller, away. I looked at my financial report in my packet. So, I'm hoping that council has also done the same so we can move on. Let's move on to item 13, public works. Mr. Fortune, welcome. Good evening. Good evening, everybody. Good evening. Yeah.

Everybody looking lovely today? You're in a good mood. Yeah, cuz I'm tired. I'm actually going to say I'm tired. This one day I'm say I'm tired. Yeah. But any questions? I would like to thank you for fixing the water break on my road last night. You guys were awesome. Oh, thank you for coming out. You can help me. All right. Thank you all. Thank you.

We're going to move on to Chief Caesar for the Bowling Green Police Department report. Are there any questions for Chief Cecil at this time? Good afternoon. Everybody good? None. Chief Cecil, I'm glad to see you standing here. Um, me too. Take Well, you you've had surgery and I want to make sure that you are doing well, not overt taxing yourself. So, doing good. Thank you. I'm glad to see you're taking care of yourself. Have a lovely evening. Thank you.

So, we can go back to item number 10. Let me know. If not, we'll move on to town manager report. Can you hear us out there, Miss Davis? No, she she's muted. No, just unmuted.

I heard you mumble. Mute your mic here. Could we Could we just call her trying to get you on.

Okay, I'm just gonna get just say um go ahead and advance the slide when you need to. Thanks. Okay. Did you want me to get Yes, please.

Okay. Thank you. Um good good evening everyone. I'm Audrey Davis with Davidson Associates. Um, thank you so much for giving me the opportunity to present the results of your FY 2024 audit. I now that I'm on the phone, I don't know if you're sharing a screen on Teams or not. So, um, okay, I'll just I'll just go from my slides. So the first um thing is that the objective of this discussion is to provide those charged with governance a summary of the results of the town of Bing Green, Virginia's FY 2024 audit, present the audit findings and discuss any relevant issues.

The overall audit scope, so the scope of the engagement is pretty straightforward. It was to perform an audit to determine whether the town's financial statements and related footnotes taken as a whole are fairly presented in all material respects and in conformity with GAP and additionally to review the town's system of internal controls and compliance with laws and regulations. I don't know if you have the slides in front of you but now I'm going to the slide um that says audit findings. So the first thing I wanted to cover is that the financial statements are the responsibility of the town's management. Our responsibility as auditors is to conduct an audit to express an opinion on those financial statements. Based upon the audit, we we determined in our opinion the financial statements and related footnotes taken as a whole are presented fairly in all material respects and in a conformity with GAP. Going to the next slide, I want to talk about internal control and compliance with laws and regulations. So, in our audit, we did detect one material weakness in internal controls over financial reporting. Um, and I'll read it to you. The town continues to operate without written financial policies or a formal accounting procedures manual. While the town has maintained adequate segregation of duties and engage as an external consultant to assist with monthend reporting and closing, the specific steps, review levels, and authorization protocols for these processes have not been documented. And this condition was also previously reported in your FY 2023 audit engagement. And for that reason um

because it wasn't remedied in this fiscal year we had to pro we had to um show this as a material weakness in internal controls. However, there were no issues noted over compliance with laws and regulations and I wanted to get to just a few numbers. Um so the assets for the governmental activities exceeded liabilities at June 30, 2024 by 1.8 million. Um 1.4 million is unrestricted. 10,000 is shown as restricted donations and 309,000 is invested in capital assets. So the net position under business type activities was 3.7 million. of that 3.1 million was reported as invested in capital assets and the remaining 631,000 is unrestricted. As far as revenues, the revenues from governmental activities total 2,274,000 two 2,274,102 general property taxes. So, we talked we looked at what are what's the makeup of your revenues? Approximately $249,139 came from local tax from general property taxes. Other local taxes totaled 1,132,483. This is basically the largest component of your revenues at 60.76%. Categorical aid and this was recognition of CO 19 funds that were received in prior periods but just recognized or expended in that fiscal year totaled 7 $612,72

charges for services 107027 and miscellaneous 173 381. So those were the components of your revenue um for the governmental activities and the next slide is just a chart to show you a pie chart showing you a graphical representation of that expenses for governmental activities totaled 1 million total 1,774,697. The largest component is general governmental administration expenses which totaled 1,151,628. Remaining components were public works which totaled $418,24 public safety $177164 and community development $27,72. And again, it's just a graphical representation of those expenses for the governmental activities for the water and sewer fund. Revenues totaled1,86,715. Expenses totaled 1,573,976. And you can see the difference the difference there as well. Um the graphical depiction there. Total outstanding debt for the government for the primary was $68. I'm sorry, 6.8 million. So for recommendations, the town really should prioritize developing formal accounting manual. It's it's critical to have these accounting policies and procedures in place to ensure that you're following them um and to actually test them. So

once you develop your internal controls for the entity, you want to ensure that they're working properly. So you want to design them, document them, and then test them to ensure they're working effectively. You should really have um the duties performed. If you're going to continue with the use of an external consultant, which makes sense, you want to just ensure that when you document it, you document things that are being performed by the town and things that are being performed by the external consultant. Um, since you're you're going your manual may be subject to change, you can always change how you do that, but you want to be very clear on the roles and responsibilities because one of the key things you want to ensure that you have the proper segregation of duties in place and just really the proper controls over reporting, approvals, um, doing analysis for your financial closes and things like that. Again, thank you so much for allowing us to conduct and support this very important audit engagement. And if you have any questions, I will try to answer them as best I can.

Thank you, Miss Davis. Is are there any questions from council at this time?

Miss Davis, repeat please the three things that you said design, document, and what? So for the and test we call it in um in the audit world we call it the Todd and toe test. So the first thing is tests of design. You want to design them and you want to test to ensure that your design of the controls is sound and then you have your toe test which is test of operating effectiveness because you want to ensure that the controls you put in place are operating effectively for the period. Um so that those that's what the function is basically design document and test.

Thank you. Are there any other questions? Go ahead, Miss Adams.

Thank you, Madam Mayor. Um I just like to offer and and thank Miss Davis for her quick work on this FY24 audit. This concludes four audits done in about uh two years. Um in addition to um working with the new system, um I'd like to thank uh Miss Tamika Morgan who's assisted us with the pre- audit services um for the town over that time that has helped as well as uh finance staff um previous finance director and then finance director and our current finance director as well as myself for that work um to bring us up to speed. I'd also like to clarify as it relates to this um one finding, we had several more findings in our previous audit. So, we've been working diligently to get those reduced um for a number of reasons. Um but as it relates to the documentation, council did pass their first financial policies um that we drafted along with the help of our financial advisors um that report. And as it relates to segregation of duties, some of the reasons that we have additional part-time staffing is so that we can ensure we meet those requirements for uh the segregation of duties in the finance office to ensure um those future findings will not be there. Um in addition, we have started the process for financial policies um some of the county principles that she mentioned um in there, but this is in a different fiscal year. uh this fiscal year that is in question is from uh the 23 24 period uh for which I was the town manager for half of that. Um and all of the other staff that are currently here were not a part of that um actual operation process um as it stands. So just want to make sure we're clear on that um for the record. But thank council for their support um as we work to get caught up and we are essentially um just um a little bit behind on 25 at this point. So, I'd like to thank everyone for um all of their work and support and patience as we work to get caught up over the past years of um lack of management and the challenges with uh half partially implemented systems. So,

just thank everyone for their support. Thank you. And um I want to thank Miss Davis, their company, we switch companies and they have been phenomenal and expedient. So, let's move on to the town manager's report. Item number 15 on your agenda. Thank you all.

Thank you, Miss Davis. Thank you, Madam. um leave my pen and lost my spot. Um but uh I'll be brief on my report. Um it is enclosed. Um some of the highlights include uh we've met uh with Stantech, our hydro hydro geological engineers to continue the work on our water quality improvement project. Um so we have met with VDH today to talk about um our funding award timelines on that as well as the per that is required um in in May. Uh we've done work um on site to look at some potential well sites and so that project is moving and progressing. Um also just to note we have moved forward with our pump and hall services uh with drain field solutions. So that will save the town a little bit of money um after we put that procurement out. Doing some legislative office coordination um work with our finance department to have bills go out um for this billing cycle. Um the mayor, vice mayor and I also attended uh VML legislative day earlier in um in February um to advocate for on behalf of the town um and express the town's uh legislative interest. And just to note that the Caroline Reeds literacy initiative that was coordinated with a number of our businesses downtown um was postponed due to the snowstorm and that has been rescheduled for March 14th. So we'd like to encourage um all of our kids, young adults, adults as well um to come out for that. Caroline Reed's literacy initiative on the rescheduled date of March 14th. Um, and that concludes my report.

Thank you, Miss Jacobs. Is are there any questions for the town manager at this time? Moving on, we are going to move on to new business. Item number 16, fats, oils, and grease ordinance. At this time, Mark and Bowden Is he here? Uh Mark is not here with us tonight. Um but Jamie is here and he has um already spoken to to that item. Um so you have that ordinance for you for consideration. Were there any questions for him at this time? Madam Mayor, I make a motion that we establish a wastewater regulations related to fats, oil, and grease ordinance.

And I'll second that. I have a motion from Mr. Stor, a second from Mr. Hagaman. Is there any further discussion from councel? At this time, I'd like to ask the deputy clerk to take a roll call, please. Absolutely. Council member Haven, yes. Council member Stor, yes. Vice Mayor Coy, yes. Council member, yes. Council member Webb, yes. Council member Boy, yes. Council member Gates, yes.

Motion passes unanimously. Moving on to item number 17, the route 301 special district tax ordinance amendment. Um, Mr. Gore can speak on this. Again, if you have any questions, you can direct them to him. Yeah, Madame Mayor. I think I may have jumped the gun, but I think I've explained it, but I'm happy to answer questions if there are any. Are there any questions from council this time? I got I got one. Um certainly.

Yeah. With within the ordinance um you know speaking to one of the concerns from earlier um I had to say this one issue we have is is as a a council we can't hold future councils to anything. Um can I ask again without digging this whole thing up? um what does it actually say in there to the point of equalizing it and and things like that like you know the part where it's supposed to generate the 26% you know per year but you know the truth of the matter is the council can set whatever rate so like what does the actual ordinance say? So the ordinance calls for a um for the assessment to generate enough revenue to cover 26% of the debt for the projects that have been spent for water and sewer in the district. So that will that that dollar amount will vary based on um you know as as your financial advisors Dort have explained before year to year based on pro the property assessment um that to get so it's not going to be a constant percent cent per 100 right so it's not going to be it was it was a $1.70 I think in 2011 most recently it's been 85 cents um it could go down it could go up this new the new uh the zoning project that's been um before you tonight is in the district. So again, so if partials are developed and values go up that the burden goes down on everyone. So it's going to be it's not a set number for each person every year, each property and it's not a set um assessment rate. So, it's something that council will look at with input from staff and and

financial advisors and each year set that rate, right, to get to the 26% of then existing debt. To your question of are future councils bound, no, they're not. So, this that's what this ordinance provides for council to do um as authorized under state law. However, it's not tied to the debt under the debt instruments, right? So, so theoretically council could could do away with this, could could change it. Um, it's just not subject to the specific uh debt that was issued. So, it was created as a mechanism to help offset the burden on the general tax base. And so, that's how it's been used as a practical matter. Um, so yeah, it is subject to potential change down the road. Um the part about the amortization to 2041 again that's not in the ordinance that's a policy by this council which affects what the annual assessment will be. Um so does that address your question?

It did very well. I was just looking to get a good articulated version of what you said. Thank you

Mr. Stor. So I I think the main thing this is addressing too is correcting back a few years back. You we can't control future councils and I wish we could control previous councils to be honest with you because at some point in 2018 2020 institutional knowledge or transition of staff or council we totally forgot what this thing was. And um we we totally forgot that it was financing a debt and a total amount 74% was being paid by the taxpayer 26 for the the guys out there that own the land. So the the mechanism to come up with the amount is not just to come up with 26%. is to is to come up with the 100%. And then we know what to build the guys out on 301. Now, what happened was 2018 to 2020, we somehow forgot what it was and the term of it and how much it was. And we refinanced a couple We refinanced a couple loans, which is nothing wrong with refinancing if you can get a better deal, but we got to write down somewhere how much that was and then not project it out further, you know, on the 301 district guys. And that's kind of what happened. Plus somewhere back there in 18 and 20. And be honest with you, one of the reasons, one of the reasons I ran for council again was because I heard that we weren't even billing some people out there, right? So, we weren't billing some people. That's what I heard. You know, I don't think anybody knows the the honest truth to that. And we were and we were raising the amounts out there. So, I the way I understand it, this addresses this. It

may it may not address last year's tax bill or 26, but in 27 I think it gets it straight, but we can't do this again. We can't forget again. And council changes and we forget the original concept. So, I'm in favor of this, but we got to remember the past. So, we we're going to keep on doing it again. Is there any more discussion? Mr. Stoker, you're in favor of it. Was that a motion? Yeah, I make a motion that we amend the 2011 ordinances pre uh which establish the 30 the route 301 North Quarter Service District.

I have a motion from Councilman Stor. Is there second from Councilman Hagman? Any further discussion? All in favor? Um never mind. Deputy Clerk, please take a roll call. Council member Haven, yes. Council member Stewart, yes. Vice Mayor Coy, yes. Council member Chanel, yes. Council member Webb, yes. Council member Boy, yes. Council member Davis, yes.

Vote passes unanimously, 7 to zero. Item number 18, council consideration of an ordinance authorizing the issuance of bonds in the maximum principle amount of $3,200,000. Mr. Chris Culp, this is a bond council hunt and Ted Cole from Davenport. Hello, Ted.

Good evening. How are you all? I do have a an update um from the presentation we shared last week. I'll pass that around. While that's coming around, you might recall that there were a couple of open items that we were going to go back to the banks on related to the terms of the loan. Um and as you get this packet um the banks that are were proposing the same there's no difference the interest rates that they've proposed there's no difference. We talk through where the $3.2 million of the loan would be going its purpose. Um everything is very consistent. But if you do get to page five and that's page numbers in the bottom right corner. You all might recall we did discuss, you know, is there an opportunity where maybe the banks would allow us to do one or two years of interest only, meaning delay the principle for one or two years. Uh we worked with both um Atlantic Union and Huntington Bank. Those were the two that had the most attractive proposals for either the 15 or the 20-year term. Um ultimately heard back from Atlantic Union. their preference was to just leave their proposal as originally submitted. Um, if you're on page five, that is under column B. That's the Atlantic Union 15-year proposal. Their rate is that 3.89. That's the same rate we presented last week um for a fully amvertising 15-year loan. And you'll see that that proposal, those annual payments are about 285,000 a year. And over the 15-year term down at the bottom, the total payback is principal plus interest is 4.28 million. Um, you can see under

column CD and E, Huntington Bank also provided 15-year rates, not as attractive, right? Atlantic Union was a 389. Huntington is a is a 427. Um the only reason we've circled back to the Huntington here is they did s they did um agree that if we wanted to do one or two years of interest only they would be willing to do that. You can see that in columns D and E. And we've highlighted the yellow because that's an interestonly payment for either one or two years. So it's a higher rate to start with. Um, so it is more interest expense than Atlantic Union, but they did agree to doing that interestonly period if that is attractive from a cash flow perspective. And then on the far right, Huntington was the only bank that provided the 20-year proposal. Um, and you'll notice their rate is a 4.48% there under column F as in Frank. They also under the 20-year proposal said they'd be willing to accommodate one or two years of interest only, which is what we're showing under columns G and H. So, this is the full full accompaniment of of 15 and 20-year rates that um we had agreed to focus on. Um really no change to the Atlantic Union. A little more flexibility that Huntington was willing to provide if that's important or helpful. Um, I think our general conversation was, you know, that we wanted to move forward with Atlantic Union. I think there was some expression of the 15-year term was a preference maybe from from some of council. Um, there is a resolution this evening for y'all's consideration. Um, it does include um within the resolution um Atlantic Union Bank. Um, we purposely asked that the resolution be submitted

um with a blank for the interest rate just in case that was going to change. With Atlantic Union, it did not. And there was a blank in there for the final maturity just in case that was going to change and it didn't. So, if there's a desire to continue to move forward with the Atlantic Union 15-year, um the resolution AC accommodates that with with a couple of blanks that would need to be filled in for the interest rate in the final maturity. If any of these other options are of interest to you all, um that's fine as well. We just need to make a few other adjustments to the resolution because it doesn't it currently anticipates Atlantic Union. um tonight, y'all's consideration of the resolution, that that would be your final action, if you were to take action. There's not an additional action needed. Um and if it were to be approved, we would move forward and put all of the documentation in place. um we would more than likely um target a closing on this loan in late March or very early April, which gives us about a week's time before that co-ank loan has to be paid off. And and remember that's a that's a significant part of this loan. So all of that should be able to happen. Um we have no concerns about getting to a closing with either excuse me with either lender. Um and I'll I'll stop there and if there are any questions

are there any questions from council I mean we discussed this pretty thoroughly last week Mr. Stor

so um either India or um what was the strong u reasoning behind the need for a couple years of interest only? I mean other than it gave us a little wiggle room there in the the first two years. Yeah, I think it was a a consideration as it relates to potential cash flow as well as while we were still working through um some of these other grants andor loans um or grants awards that we have pending um that it could have potentially given us a little bit more clarity um on that time and potentially maybe given some other time for additional users to um enter our system. So that was just a cons consideration. Okay.

Anyone else? Mr. Cop, do you have something to add to this discussion? Uh, sure, Madame Mayor. Again, it's Chris Cult from Huntton Andrew Curtth in Richmond. Um, I was just going to give a brief overview of the two action items. Um, if I might. Certainly.

Um, so we're asking you to consider two things. One is an ordinance just a short form authorization of the debt uh and describes the purposes of the refunding of that uh code bank loan a reimbursement to the town of of costs that were incurred related to water and sewer and then some new money for water and sewer. Uh that ordinance will get uh filed with the circuit court as required under the public finance act. The second action item is the bond resolution as uh Ted was mentioning that provides more of the detail about the specific uh option you want to choose with which bank has the the specifics about the terms within those parameters. Authorizes the form of the bond um has tax certificates or tax certifications in it. Um this is intended to be issued as a taxexempt uh obligation. uh and so we have certain covenants in there related to that. I don't have any concern given the uh type of project that is being financed or being refinanced that the town can't abide by those covenants. Uh and then delegates to uh town officers and the mayor to finalize the the deal uh given the parameters and the authorization and the resolution uh to get this to closing. Happy that's so that's a overview but happy to answer more specific questions if you have any. Any questions for Mr. Culp?

But yeah, and just a quick reminder before we do before you do consider the resolution, uh, if it's your desire, we do need to make sure we're okay with the name of the bank and then filling in the interest rate and the maturity option that you choose. Thank you. while they're talking India. So, how big a deal is it of the interest only the first two years?

Well, I I'll let Ted talk to that a little bit. Um, but I think it's really is a desire of council. I know we talked a little bit um last week as it relates to the 15-year versus the 20. Um I think that's as equal as much of a consideration. Um obviously we know that um having our a relationship our banking relationship with Atlantic Union Bank um is um is is is critical and important as we are they are primary bank um as it relates to the interestonly payments over a couple years. I think that there's obviously a consideration as it relates to the cash flow um and potentially the the changes or the the rate that may be needed to support it um in those two years. Um but that's really a a broader conversation.

Well, I'm I'm disappointed that that Atlantic Union didn't come back with the interest only. Obviously, they they are my pick if I had to pick a bank just because of the history and or the relationship and they're our banker. Um I just can we you know without any other development or any other disasters can can we swing at the interest in principle from day one?

I I would say yes you can you can you can make that work. It it's uh what is it 280130? So, it's about, you know, it's about a $150,000 reduced payment for the interest only in year one or year one and two. And and not to minimize that, but it's um I don't think it's going to tip the scale between solveny and insolvency for the system or the town. and and you know to India's point to the manager's point I mean you know working to get the water and sewer system truly on a self-supporting basis right without general fund support probably some additional pressures on rates and charges the interest only would buy you a year or two of a little additional relief but again I don't think that's um in my opinion based on what we know about the utility is you know it's not going to make the difference of um at a critical level for the solveny of the fund. Um I I will say the the 389 rate we we do a lot of these RFPs and deal with a lot of these loans is a very attractive rate for 15 years. Um so I don't I I certainly want to emphasize the rate is attractive. Um and that may have played into um the desire not to enter into the interestonly period. I mean, it still would mature in 15 years, but with one or two years of interest only. Obviously, the principal payback is a little bit longer, and I that may have figured into their decision making with with that rate. Um, so I'm not sure that gives you all the guidance you'd like to have, but I I I think um I think the Atlantic Union's a very solid proposal. Um, would a would a year or two of a of a slightly lower payment be helpful? Generally speaking, it takes the

pressure off the cash flow a little bit, but at some point you got to you got to step up and and and have that full principle and interest payment and and the interest only it's it's not free, right? I mean, it comes with an additional cost of interest in the in the subsequent years. the payment is higher in those subsequent years than it would be otherwise. Mr. Roy, yeah, that was the point I was gonna bring up. I mean, just right on the spreadsheet here, it would it would cost us $225,000 to save $150,000 on the front end. So,

any other questions from this council at this time? Thank you, Mr. Cole. Thank you, Mr. Culp. So, um I guess we have two motions to be made here. So, we'll look at the first one. page 117 the first motion page

yes that is correct all right so in this first motion do I say the name of the lended institution and rate you can advise that we go with option whatever were based on Davenport and yes then name the institution and let Mr. Gore jump in here because well I'd defer to Mr. Cole Mr. Cole about how to or how to frame the motion. I don't know did you have a pre-prepared motion in your packet. So I think you know

if the motion were to be for Atlantic Union for example uh maybe you would want to reference the rate of a 3.89 89% and a u a final maturity of um 2041. Correct. Yes. And the ordinance as presented doesn't need to change. That's the first action item. And the second one, the bond resolution making a motion with those notations I think would be sufficient.

Got that? So one is just the or motion to approve the ordinance as presented and the second would be a motion to approve the resolution um with um Atlantic Bank 15ear 3.89% as presented. Okay. I make that first motion as what he said. Right. The ordinance. I'll second it. The ordinance. So, I have a motion from um Councilman Stok, a second from Councilman Haggman. Is there any further discussion? I ask the deputy clerk, please, to take a roll call. Council member Hagman, yes. Council member Stor, yes.

Vice Mayor, yes. Council member, yes. Council member Webb, yes. Council member Boy, yes. Council member Davis, yes. Motion passes unanimously. All right, I'll stumble through this next motion here. All right, I say we go with plan B. Um, Atlantic Union Bank for a 15-year loan at 3.89% and maturity date would be 2041. I have a motion on the table, right, to approve the resolution. Approve the resolution resolution. Yeah, with those terms.

With those terms. And do I have a second? I have a second from Vice Mayor Coyle. We're getting punch drunk at this point. Yes, we did. So, is there any further discussion on this matter? Deputy clerk, please take a roll call. Council member Haven, yes. Council member Story, yes. Vice Mayor Coyle, yes. Council member Chanel, yes. Council member Webb, yes. Council member Voit, yes. Council member Davis, yes.

Motion passes unanimously. Our next We are going to take a um five minute recess before we move on to this next item and give Mr. Webb a chance to pick yourself up from myself. You've already done that. You just need to go to the peanut gallery.

the resoning case of 2026-001 Fairmont. At this time, Mr. Ala Odum, would you come forward so that if they this council has any questions? We can have the developer come up after Miss Odum. She spoke first at the uh public hearing. Are there any questions for Miss Adam at this time as a staff recommendation? Well, that was pretty easy, Mr. Stok. Yes, sir.

So, I apologize if it's in here. Is there a HOA associated with Fairmont? There will be one required as um we go through the subdivision platting process. Whenever there's open space that's being a result or residual of the lots, then they will have to create a property owner or homeowners association. We've had some initial discussions with the applicant about that because you know there will be some management of the mixed juice and apartment buildings and then there'll be the ownership of the other lots. So, um, we'll that'll be something that gets worked out and the documents will be reviewed by the town attorney prior to approval of any of the plat

and then then that connectivity of that mulch walkway who mains that maintains that in perpetuity. The mulch walkway would be maintained by the property owners association. Okay. As proposed by the applicant. Miss ODM, is the HOA going to own the park or is that being turned over to the town? I've heard the intent is to dedicate that park area to the town. So that would become the town taken care of at the town expense, not the HOA. Yes, ma'am.

But then we would be able to use it to our benefit at any time without going through an HOA. Correct. That is my understanding and I the applicant I'm sure can speak to that a little bit further as far as their intent but there would be once it's dedicated to the town it's the town's property at that point. Um the shared use path the 10ft shared use path would be um maintained by VOTE the paved shared path is is the intent of the applicant um because it's in VOTE right away. Mr. Heman, I just had one constituent ask a question. That 10-ft walkway because Bowling Green is a golf cart community. Can golf carts go on that? They wanted to know.

There would be no restrictions on golf carts going on it at least unless there are other restrictions in town. I think someone mentioned at the planning commission, I think it was Madame Mayor that um the there are some restrictions uh currently in place for crossing east broad.

Yes. Um now I think that's with an agreement through the state with VOTE or the town has a law in place now because of those discussions. Um, I've seen in localities that have um golf cart communities where considerations are given whether or not that's something that you still want to keep in place as far as that restriction, but all of that's a safety consideration. I will say to you that in working in some other localities, if people decide they want to cross the road, I mean that's people may do that. Um, but that would be an enforcement issue. Um, you know,

well, if I remember correctly, when we did the golf cart ordinance a long time ago, you could cross a street that had a 35 mph speed limit, which meant you could whatever the street is across from Lakewood. Yeah, that's straight. You could cross over to Lakewood Road, but you know, you couldn't go very far because the town limits ended at the pond, but you couldn't like people wanted to cross be on Anderson and cross over. West brought us into food line and that was higher than 35, so you couldn't do that. I assume the ordinance is still the same. You can cross over a 35, but you can't drive on a 35.

The town manager and I are going to be reaching out to Giovani VOTE. He will give us some further clarification. There's some sort of ordinance that even if the speed limit is above, if you have proper signage, you can cross at you know an intersection. So say the traffic light. Um but we have to further investigate that. I don't know if um the town manager has spoken to him yet. I I have not gotten in contact with him as of yet. Go ahead. Thank you, Madam Mayor. Um, uh, first question, um, to that point, uh, no, I have not confirmed, um, spec specifics on that with Mr. Espazito yet. Um, that is something that we are looking into. There, I believe, is a section of the permit that speaks to the town of Colonial Beach and other towns under with populations under 2,000. Um, that where signage is allowed and requested by VOTE, that there are some um, considerations for exception exceptions. Um, to Mr. Haggman's point about the width of the trail. I believe that there is also a VA regulation that speaks I think 17 ft needed to be for a clearance for if two golf carts were going to pass one another. Um and so the 10 ft would not um meet that need for golf carts um specifically. Um but again as Miss Miss Odum said there are people who will do what they want to do and there are things that um we will obviously regulate and have to patrol. Um and there any town or any municipality where there will be things that you can't regulate and control. So just wanted to make sure that that is clear.

I just have one quick question for Mr. ODM. So it apparently nobody contacted AP Hill after you went through that whole list of contacting everybody. We had sent the letter out to them to let them know that the case was pending. Okay. And so that was their response that they gave us back this evening. All right. Um the dark skies are required by the ordinance,

right? Um, as far as the regulations, whenever there's a a proposal near a, you know, a military installation, then we would suggest that the subdivision ordinances have plat, excuse me, have the note. Um, I think the applicant indicated they were going to take that further to even have in the realtor disclosure to potential. Yeah. Okay, that's ma'am. Yeah, they have a large impact. So, and this was really important for them the last time around. So, I just want to make sure when you get to site approval that it's really adhered to. So, thank you. Yes, ma'am. Thank you.

Any other questions from Miss ODM at this time? So, just to confirm, every house that's built out there is is would then be a part of that 301 special tax district and would be a portion of percentage of the 26%. Is that correct? So, what Jeff said earlier, um any any taxable parcel um in that boundary um would be subject to whatever rate it is at that time. Thank you, Miss O. Yes, ma'am. Thank you, Miss Brooks or Mr. Webb, whomever. Madam Mayor, I have a whole bunch of stuff.

I apologize, Mr. White. Miss ODM, could you come back, please? I apologize. Council

Okay. Um, some of the stuff will, you know, be appropriate for you. Some of it will probably be for Lauren. And if if if you think one would be just better answered by them, then just say so. I'll I'll move on. Um, real quick with the the golf cart thing, I I did pull up town code here and yeah, it is this could probably use some revision, but we do have a section in here that says a golf cart and or utility vehicle may be operated only on the following designated public highways where the spoke posted speed limit is 25 or less. So there there is that in there, but I wanted to mention that because it struck me while we're talking about it. But moving on. Um, okay. I will just go through these. Um, all right. Stuff I know is is is town administration related. The did we get a breakdown in there on the revenue from the capital infrastructure fees? I didn't see that like separated. We got like the the sales. Um

uh I believe that's included in the water and sewer rates what that number that was all together. Okay. Okay. That but that was not in included in the connection fees. The connection fees which you mentioned that earlier is one recurring separate from one. Yes. The capital infrastructure fees would be included in that other number. Okay. So that technically could be broken down further. Basically I think it's all rolled up in one. Yeah. Well that's what I mean. I don't see the one entry in there but that accounts for both. Yeah.

Okay. Cool. All right. Um that that is for them. Um okay, the uh the topographical error in the water chart last time that got corrected. Um that said, I just wanted to be certain when everything was was sent to our our utility guys. Were they working with the right math? Yes, sir. Okay. they were they were the ones that actually brought to our attention the typographical error in in the chart um when they had made their comments back relative to theirs. So yes.

All right. Excellent. Um all right. Okay. In line with the revenues. Now, this is this is equally just for kind of discussion and thought on us as a council, but you know, with a development of this size, we're talking, you know, let's just round it to 30% of the current size of the town potentially at full buildout. Um, so that's, you know, pretty sizable and that's going to have staffing demands. Um, some things will be able to be absorbed by the economy of scale as as certain things get rolled up, but I'm I could see us needing, you know, potential chief is not still here, but we could potentially need like another part-time law enforcement. Um, we'll probably need office hours in here, you know, some assistance there. And most specifically, probably with public works is probably going to need some things. Now, I thought I had seen or maybe we discussed about it at planning commission, but um a sort of a dollar amount value associated with the maintenance of that park. Um but I couldn't find it and looked through here, so maybe was just spoken.

I don't recall if there was ever a specific number given to the maintenance of the park per acre. Um, but I would also just say that um, similar to Mory Heights, um, I I'm not sure if there was analysis done there, but when that that that parcel um that has to be maintained and mowed by the town um, which is a grassy area and adjacent to a cemetery, the meadows, sorry, in in the meadows. Um, that is maintained and mowed by our public works staff with the staffing that we have. Um, so I'm for any consideration.

You thinking that could just be absorbed as is? I think that um based on the acreage that there could be a potential that maybe that's something that's either contracted out um given the the revenue that would be coming from this. I think that's something that would be minimal in terms of um absorbing those cost um or you know additional um seasonal um mowing needs.

Yeah. Well, I mean, we're not only going to have mowing, we're going to have um like the ice storm we just had, you know, cuz we're going to have to maintain the the parking lot and we're also going to have to maintain the bathroom. Um so those are going to be ongoing you throughout the year. Um now with that, uh that leads me in another question regarding the park. Um I would presume that it would have hours. Um now that may be more a question for them, but are is it going to be gated? Is it going to be locked up? And then who do we send to to shut it down for the evening? I don't think that we considered anything other than the current parking the park regulations that we have from dust till dawn that we we currently have in place um for the park that we currently have. Um, also I think as it relates to the comment about the maintenance in the bathrooms, um, I do just want to highlight that throughout the economic development work that has been done from the previous VD VDA report and then the transformation strategy. When we surveyed the public, some of the things that they've continued to say is there is no public bathroom. Um, and so and we definitely don't have one at our current public park. Um, and so that this um, public bathroom, public restroom would be um, an amenity in addition to the community obviously. um if there would be some maintenance, but we are not incurring the cost of of paying for the the initial development and build out of that. Um same thing with the parks facilities.

Agreed. Yes. No bathroom is has been a long desired thing. I probably won't take the walk all the way over there to use it myself, but um there'll be a trail.

There will be and I will be walking it park. Um, segueing into the bathroom though, I I I did want to mention um the verbage I should have pulled up on the proper here. I I I just want to read out that aspect of of the proper where we at. Um, okay. Just um, so a public park identifying the GDP as Bowling Green Community Park. The exact dimes which will be shall approved by mutual agreement between the owner and town manager and which includes a children's playground, bike rack, grill, a minimum of 24 foot x 28t pavilion with a concrete floor and bathroom vehicular access and parking area. It doesn't exactly really define the bathroom. Um so I' I'd kind of prefer to have a little more understanding on what exactly and a bathroom really means. You know, does it mean one, you know, unisex bathroom? Does it mean one of each? you know, two stalls. Does it just mean, you know, poor John on there? Um, you I could use more clarification on that.

Miss Brooks would probably be better able to answer that, wouldn't she, Miss Odum? Well, yeah. The general development plan in our discussions have shown it being an actual constructed um bathroom. Um, but I'll let the applicant for their proposal on that. Sure. Um, okay. And then another major one I have um on this does go back to the GDP map. I can just describe it. Uh the again with the park um it has uh one set of the the housing backing against it. Um what is exactly the transition from the the housing units into the park.

So they will have the their own alleyway and then that there will be landscaping behind the alleyway. Not the town houses the the single families on the single families, right? they do back up to it and there's nothing now proposed as far as any sort of vegetation. Okay. Yeah. Yes, sir. Um All right. And I think the other things are going to be more appropriate to ask them. I appreciate you. All right. Thank you.

Thanks, Miss. Miss Brooks, would you come forward, please? I know um you and I have discussed the bathroom issue and one of my questions as a mom and a foster mother in the past. I know when I had my five kids at the park, if one child had to go to the bathroom, I couldn't leave the other four. I had to drag them all to a bathroom. And I know I had asked if it were possible to have even if it's just one bathroom, a family bathroom so that it would accommodate a handicap person. Um extra children if you have to change a diaper, take one to the bathroom. So could you address that please?

Yeah, I think that is our intent at least to have one bathroom. You you questioned before was what does the bathroom look like? We're planning on having two, a male and a female. And probably the female one would be a little more accommodating to a family, a larger size. Of course, you know, um we uh Okay, Mr. Stark. And would it be a part of the structure of the would it be like on one end of the pavilion type thing? That's currently how it's shown in the GDP is that it would be within the pavilion, but I guess it probably could change in the design, but that's currently how we have it shown. Miss Jacobs.

Yeah. Um, I would also share since this is something that would uh become town property. We have had discussions around the design of the bathroom and that it would be built like a park bathroom, sort of like Carolina County Park. you're talking, you know, cement structures with industrial steel grade type of design. So, it's not going to be beautiful. It is going to be functional.

So, that uh it is a public park and a public facility. So, I just want to make sure we're clear on that. Um, one of the things the town manager and I spoke about is, um, if this project goes through and we become the proud owners of a new park, this gives us some flexibility. We could have potentially some of our music on the greens over there to promote those new businesses. And we're not using county property to do it. we'd be using our own property to do it. Um, and we can, you know, it gives us more diversity in the activities that the EDA and the BGVA are trying to implement and some of their ideas and for the future. Go ahead, Miss.

All right. I I just have a couple of questions. So since everyone we're on the park and the bathroom um dedicated donation of the park is this done through a warranty deed.

Yes. Yes. Yes. I just want to make sure you know that we're covered since you're giving us that deed. Um so when the town comes to do the maintenance and u Mr. Void has covered over some of these um we will be maintaining the park the playground equipment etc. Is that something you will be installing or we will have to do that since we will now have ownership of the land? It is our intent to install it all in the beginning. Okay. So it will all be complete package given to the town.

All right. So we will have ownership. Will the AO HOA have any assistance with any types of improvements since more than likely those residents will be maintaining the park and facilities more than surrounding people using using it more? Yeah, I don't know that we've considered that. I don't know that I understand it. So we Pardon me. He didn't understand.

All right. So the town will now have a park area we maintain. We will be keeping up mowing grass, shoveling snow, taking care of the bathroom, etc. Will the HOA provide any assistance moneywise to help the maintenance of that? Will we strictly all the town?

Well, I I'll just say one thing before they answer. you know, the little park that we were given in the Meadows, um, we maintain it 100%. I, you know, it I can see it from my back parking lot and there's never been a I've never seen any park activity out there at all. It's a little gazebo, but yeah, but it's uh they don't they I don't the HOA doesn't contribute to that. And

I just Yeah, it's a lot bigger. Um, especially with the bathroom. I'm assuming the bathroom will have a concrete floor and the drain so you can just spray hose etc and do all nice easy things. I'm assuming it'll have tamperproof lighting and all of those things as well. Um, another question we have and Mr. Voit and I have the similar one. Will it be closed at 11 p.m. at night? Will it be open at 7 a.m. um to secure for possible vandalism and or I don't know graffiti on the building? I guess those are all things that we need to consider possible increase in police surveillance. I don't know. But, you know, just a question. And I suspect it will be ADA compliant. The bathroom, there will be a way to get Yes. up onto the pavilion.

Yes. Not like over here.

Um, uh, the trail. So, I'm all for trails and everyone's brought up a part of the challenge being the golf carts. Um, golf carts and ebikes aka pettic cabs are not allowed to drive on or cross over broadest avenue. Now, in here it says it's a multi-use or shared use. I am assuming assumption is the mother of all screw-ups but I'm assuming that by multi-use or shared you mean pedestrian joggers bicycles you are not considering multimodal motorized vehicles.

Yeah I think the intent was more for bicycles and pedestrians. Okay. So that motorized vehicles golf carts are a no specifically because the trail isn't even wide enough. Wide enough. Yeah. You know, just the reason we used shared whatever the shared shared use, you know, that's a that's a a VOTE specific term that meets a standard that they had. I'd called it a multi-use trail and then we went with shared use because well, you're talking to VOTE. No, I mean that's what their standard is. And so, you know, our thought was that like the ebikes, I don't see an issue with those on a shared use. It's a motorized vehicle. That's why I'm asking. Um, it's also entitled.

Yeah, I don't I mean you're getting petted cab e.

I don't know the answer. My my guess would be you could use it on that, but um I didn't really look into that level of detail. This is just the vot standard shared use path that they will allow um and we'll build it to that standard. So I mean we can look into what can be or can't be used for. Well, yeah, that's why I'm asking. It is an issue. As Randy said, many people um have asked about the golf carts and are they going to be allowed? And the fact is the trail isn't wide enough and V do if you ask them about multi-modal, the first thing they'll say is motorized vehicles. I'm just asking, will motorized vehicles be allowed? At the way this reads right now, it will not. And I just want to make sure once you get to your site plan approval that it is not allowed here, but that two months down the road all of a sudden golf carts are allowed. You know, I'm that's I just want to make sure because it's a safety issue. I know the last time we had someone claim it was parental rights, but this to me it's a safety issue and I just want clarity on that because we didn't have clarity last time.

That's certainly something that we can look into with VOTE on what's a able to be used and what's not. So, we'll make note of that. All right. And they haven't provided any permits yet. It's just in the startup stage. I get that. Yeah. I mean just general just in terms of general um alignment and location and separation from the roadways it was yes we just haven't gotten to that detail yet. Okay well generally speaking yes it is in a location that's approvable and should be but you know the devil's in the details making sure that we provide the details so they can approve it.

Right. Well, you know this is the zoning portion. This is the only time we have a chance to ask our questions because once you get to site approval, we don't get to do that. So, I just want to make sure whatever I have to ask now is kind of in your hooper for when you get to that point. So a hooper. That's a northern term we call hoppers in

hooper western term.

So if I may on the on the golf cart issue, I'm no expert on it, but I think I think state law requires a local ordinance to designate the public roadways that where golf carts can be driven. And so I think this hypothetical about a HOA controlled path is sort of not in the world of local approval of G golf carts. All right. So this is private property. It's HOA walking trail. If the HOA wants to talk to VOTE about getting it to be a a a trail that allows golf carts, that's a whole different issue than the town's regulation of golf carts on public streets.

So, I think I think it's kind different issue. I mean, that's I hear your concerns, but I think that's I mean, if you

if you want some if council feels strongly enough to want to ask for a condition that there will be no golf carts allowed on the pass, that's something you could talk with the applicant about that was not in the proper conditions prior to the hearing, right? um you know but that could be something for discussion um you know either now or eventually if profers were to be amended which have to go through the public hearing process to amend proper condition. So I just think and I think VOC could weigh in on this at some point. Exactly. But I think it's not really within the town's regulation of golf cart role to regulate neighborhood trails.

Got it. Right. I think I think it's a different path. No pun intended. Sorry. That's That's good. That's why I need to know. All right. Um, Miss Zodum, can you I was just going to say that VOTE will decide what's allowed on there for you to play in um depending upon the design of the path and right now they're offering it as the 10 foot wide shared use path. That's good. That's something that would be discussed at St. L.

Exactly. Okay. Um, how are the buildout phases going to go? I don't think that we have designed how we're going to we haven't we don't phase sections. Um we'll definitely start at the entrance. That's where all of our utilities, we have our water connection and our sanitary connection and our storm water is all going to be right there at the entrance. So, we're going to start there and we'll probably go towards the back first and do our um our single families and our town houses so that we can generate the income to be able to do the front parts, the apartments. Yes, the apartments in the commercial

commercial area. Um the private alleyways, is there a sign going to be there to tell people private do not enter? Or the reason I ask is when you you you want to go to the park, if someone me misses Emory, that lane or street, if they miss that road, they have to go around the whole development or turn around and come back to get to Emory. Is there going to be people will see those alleys and they'll say shortcut. Is there something to prevent that or at this time we don't have any signage or anything shown? Okay.

Yeah. I mean, but I think the intent of the alley is that somebody can use that. When we say it's a private alley, it's just privately maintained. It's not going to be a VOTE maintained, but it's going to be a publicly used. Okay. Okay. Um, just like the parking lots that are, you know, around the the the commercial. I mean, those are all private parking lots, but they're there for the community and the public, but it's just going to be privately maintained. Gotcha. And so, they are wide enough, you know, we had to go through, like Lauren said earlier, for fire trucks. And so, they're going to be built to a standard that will carry um fire, you know, the 70,000 pound load. And so, they're going to be nice beefed up.

Okay. Um the modification for the extra 10 ft is that for the apartments, the town houses and the houses extra 10 ft on each build all buildings. Yes, I think I think it applies across the whole Yeah. the whole development. Yeah, it does. And the main reason for it, like with the town houses, we had an issue in the city of Fredericksburg where we had a 35 ft building height and the zoning district and the builder wanted to go in and do up on the kind of the the roof level. Wanted to do some um like roof amenity like a little porch area that would

Okay. And so what we ended up doing, we couldn't do that. And then we ended up instead of having a nice high root pitch, we ended up with something that looked a little lower. And to me, uh, we just wanted to make sure that while we were asking for things that we would have the ability to do a few of those things because we think those things are architecturally important and didn't want to be limited by by that tiny. Yeah. Well, I just kind of thought maybe you'd be putting HVAC to keep everything, but I think on the commercial I think that very well could be, you know, having stuff up there and having the ability to screen it so that things look nice would be important.

Perfect. Um commercial space. You have 14 apartments designated for the top of the commercial space. Yes. How big are those apartments? These are you only Well, there's two floors, so it would be seven on each floor. Oh, I got two. Okay. Okay. I missed that. Sorry. Okay. But still, how many how much square feet is in each retail spot? We haven't designated out how big each retail space would be just because it's going to depend on the user that goes in there, but we have the overall footprint of each one. Um, the one that parallels 301 is larger.

Yeah, that one's a little bit larger. That one's 9600 square f feet. Okay. 14. Okay. Yeah, it still sounds like small apartment, but that's okay. All right. Um, the meals tax, Miss ODM, you had mentioned is $130,000 annually you were considering or might be a possibility happening.

That would certainly be based on and the assumption that was made in the study by Virginia Tech based on if they were restaurants and they were applying the mills tax based on that assumption and a model. Okay. Since we didn't see the analysis. Okay, that would that answers my questions. If all eight of these buildings are providing food or restaurants, see I think they let me see if they're not then I don't know where you get the number would be different. Yes. Yes, ma'am.

Um are the buildings able to be combined? Like you have eight buildings. Can you take two of them? What if an urgent care wants to come move in here? Would you do that for them? Well, well, I thought that the meals tax really was based on the number of people that are going to be there. The meals tax that it's going to generate for existing restaurants here or maybe a restaurant there, but just, you know, that's what the study it didn't assume that all of our commercial would generate that. It's the people that are going to be moving in there, people visiting. That's what that study. Okay. I don't know. I didn't see the study. So, that's okay. Yeah. All right. But then you were when you're asking could what

if you are your eight buildings do you have any problem of combining them if you wanted to no I think we need the flexibility um we're talking about the commercial I think we need I think we need the flexibility to we may have something small or we may have to combine and I mean I think that we we need the flexibility to be able to um you know fit those out to meet whatever the you know the customer's need is.

Gotcha. Yeah. I just want to make sure it wasn't eight building, eight commercial fronts and that's all you get. You have the flexibility to maneuver them around. Okay. Um you mentioned the water retention pond will be in the beginning in the front entrance where it was last time. Um it'll be fenced or just far enough away from I think that will probably determine at the site plan phase.

Okay. um the entrance to the development and this is obviously going to be a V dot thing as well. So when you're coming south from 301 and you want to turn into the development is not giving any deceleration lane. It is because it doesn't look like there's one there. Um the turn lane here at the at the front that little piece is deceleration lane. Well, it that's that is based off the VOTE standard. So, we went through and we did all the calculations on is a right turn required. Yes, it is. So, we have to do a 200 foot long turn lane with a full taper.

A detail plan on sheet six of seven of the GDP spells that out very specific. It gives more specific details. It shows the calculations and then how long it's going to be a 200 foot tapered and then a 200T turn lane. So a total of 400 ft before you get there for the house. Is that right? Y and then when you come out and make a right, are they going to give you there's a what B dot requires is a 48 foot taper. Okay. And we've shown that but you know when you go through the detail design if the rules change you know it could vary a little bit.

All right. Do you think VOTE would consider a and I don't know but traffic will be increasing within the next 5 to 10 years here a stoplight at the entrance? No. Okay. It would never meet the warrants. That's that's why I'm asking. I don't know. Yeah. I mean so many times for commercial development all the commercial developers want stop lightss you know and I know they're very expensive but you have to meet the warn analysis. So you go through and but I mean I think they're trying to design 301 to really convey traffic and uh I don't think it would ever meet a warrant. Okay, that's cool. Um

in the commercial area the I'm assuming the ad the uh handicap are van accessible not just car. Yes. When we do um all of our planning, it we go up the numbers of how many are required and how many van accessible spaces are required as well. All right. And lastly, the emergency gate at the north end, how does that work? So, if there's a fire or something, do they stop, plug in a number or key to get through the gate? How how is that going to work? I I don't know exactly how it works, but I do know it's called a Nox box. Do you do you know more about it?

So they don't have to stop, get out the truck, go put a code in or something. They'll have that communication with this box. And that's the fire department actually requested that the language specifically say not exactly. I didn't know what knocks Knox meant. Okay. Thank you ladies. Thank you very much,

Miss Brooks. at the ingress degress um planning commission. I know I had asked to clarify to Mr. Swain's point. You had mentioned that the storm water pond would be to the left of the entrance. I'm assuming that the signage will be to the right. I didn't see much entrance. Okay. I didn't really see much about that.

Let me see if it's on the GDP. We do have an entrance feature shown um in the So if you look on sheet three um it's kind of hard to see here, but when you come in, the entrance feature is going to be right here on the corner. And then right behind that is the pump station for the sewer. And then we're going to have a storm water area there before you hit that first lot. And that's going to meet the approval of the um Chesapeake Bay Water Act. Yes. All of that's like fully fully gone through. Everything's going to meet the water quality and water quantity requirements for the state. Very good.

Are there any other questions from this council at this time? Well, Valerie asked them all. I want to see anybody else won't take this one. But you have a bunch, too. Oh, yeah. I got some stuff. Okay. Go ahead. All right. Ready for a I will go next. I will go. All right. Um,

okay.

I will. Um, I do want to point out one one little concern. We're asking or Valerie and I are asking a lot of questions and um you know some not all but a a lot of these questions yeah we are getting answers on but they're not you know proper answers you know these are you things that you know take with you know the assumption that it gets done but it's it's not in writing on all of these things but okay uh mills tax can um miss town manager um could you could you get me a ballpark of what last year's meals tax was in total by chance and just a ballpark. It doesn't need to be anything like exact or year to date.

325. 325. Okay. Um well 325 stupid thing. Well, I mean you know well 30% of that's 100,000. Um, so that that math, you know, kind of tracks out, you know, if it that were 325, you know, 30% getting in there, spending in town, you know, that's I just wanted to make that real quick, but okay. Say that their assumptions did include the new mills tax rate of that fiscal year.

Oh, yeah. That wouldn't have kicked in yet. That's true. Yeah, that would make that a little higher. So, that that tracks. Um, I want to bring up an interesting one. Noise. um not from them to the rest of the town, but if we're using that park and there's no transitional element into the housing and everything, if if we did want to do music on the green and stuff like that, like kind of dubtailing with what the base was saying about disclosures, like you know, that kind of needs to be understood by the residents that, you know, there's going to be things possibly happening in that park that you may not like. Um Yes. No, you can you can get a permit for that. Exactly. Yeah, absolutely.

Um, but with what I just said about you the proper conditions and everything like I because it's easy. I'm going to go back to the bathroom thing. Like I I don't see anything on the GDP here other than the square where the bathroom's supposed to go. So I don't see anything definitive about what that would look like entail or anything like that. And same same with many of these. I'm going to move on to the sidewalks and the streets. Um, and I'm going to bring up from the single family homes in the back when those individuals, which I think would be a pretty decent amount of of the people there that would be living would want to use the park. Um, they would have to walk all the way around. Um, and the way those sidewalks work, there is no sidewalk turning into the alleys and there's no cut through on like say the north end like going between anybody's houses. So, not only do I see that happening because a lot of kids and everything, you know, they they walk up that sidewalk and then we expect them to continue on the sidewalk, go in front of all the town houses and then turn in the actual entrance to the park and then go in from there. No, I think they'll cut through the alleys and likewise some of them may, you know, cut through the the house housing, you know, uh parcels themselves. So, you know, without the transitions, you know, I I I do see that as a bit of an issue. Sure, I guess it's a problem for the HOA and the residents, but I still see that as a potential issue. Um, now here's one. I don't know, but maybe you can speculate on this answer. How do you foresee the school bus drop offs going? I don't have a whole lot of experience myself inside HOAs. And I I bring that up to come to this entrance with where we come in and what is that 150 ft before the turn of the

commercial. Um I would have to measure. I'm not sure. Okay. Well, um there there's going to be a lot of It looks like it's um 300 ft. Okay. the way up 300 ft. Okay. Um, you know, coming in there, you know, that's going to be so many people want to make a right turn for practically everything. Um, so I see that sometimes being a bottleneck, but with that being where the trail stops where everything kind of converges there, I'm a little bit concerned about I don't know if the school buses are going to drop at each individual house or do what I see them doing in a lot of place and try to drop them off at a landing zone. And if

that's a great question that it's probably more directed towards the school. I'm not exactly sure. They didn't know cuz we had talked to them. If they did prefer to have some sort of like drop zone, you know, this is where we're going to pick up all the kids. I think that's something we could certainly accommodate. Mhm.

Okay. I don't um going back to the thing about closing the park, I'm fine with how that how the the park is here. I'd maybe be interested though, and it could be a discussion for town later, but is is there a way to maybe do like time locks on the bathroom at night just so people aren't going in there at 3 in the morning? But I I think uh putting bars and gates and things, especially with the housing backing up against it, is kind of prudent. Um you talked about the VOTE stuff and talked about phasing. I think Valerie got the rest of what I I had. So, I'm actually done. Are there any other questions from this council? I'd like to ask council to uh put forth some sort of a motion.

John, won't you do it? There's nothing in the book about, right? So, I'll stumble through this one again. Do you want me? Well, yeah. Go ahead, Jeff. If if council would like a consider a motion to approve um it could be framed like this. Um, a motion to approve resoning case 26-01 as presented, including the modifications recommended by staff and the written profers submitted by the applicant.

I'll make that motion and propers of 35 to 45 ft. The lesser feet you don't need to add. Okay. I make the motion to approve it. Second. I have a motion from council Aman, a second from Councilman Stor. Is there any further discussion on this matter? Yeah, I just have something to say. Um, and I I know it might be a hassle or an annoyance, but this is a project that has been going on for years. down the damn road.

And you you know what, Randy? Let me just say this. It has been massaged. It has gotten to the point where it is a good functioning development. Now, for me, I spent years on planning commission and it really irks me when I get people that give me the faces or the whatever because they don't understand a damn thing about land use or planning. We are asking these questions because we want to know everything that will transpire for the safety and welfare of the town and the people that are going to move into this place. Frankly, for me, apartments and town houses are going to go a lot faster than a $500,000 home. But to sit there and give the whatevers because we're asking questions ticks me off. And you don't want me to be ticked off because now I'm crazy woman. But frankly, read our comp plan, take land use classes, and understand what people are asking. We have a right to understand what's happening with the developer. We've gone through this many times. We're always the people that are being told from planning commission that we don't want development. Damn long. I want development in this town. I want the right one and this has taken years. I am all in for puds

and this is a wellthoughtout plan. It is the reasonzoning that we're here for. We're not going to be able to give comment at the site approval. We don't have a public hearing for that. We just want understanding that what's being told to us is not going to change three months down the road. So, I apologize for being crazed, but it's become years in the making of hearing all of this from people who don't understand things. On the heels on the heels of our rice mayor, um I'm not quite as impassioned, but this I was on planning commission. This project came before us five years ago and we would not approve it for town council. This new project Webon Associates have gone through and met almost every single one of the criteria that we said this is why we don't want to improve it. This man has worked with the planning commission. his company has worked with planning commission and I personally was very pleased with this new project. I mean I was thrilled when I saw it because was like oh my gosh he listened to the planning commission. He took what we had to say seriously and it's it's a good-looking project in my opinion but I don't get to vote. Are there any other comments? Would you go ahead Mr. torque.

All I say is um I'm pleased with the changes. I'm pleased with the work the developers put into it. I'm certainly pleased with the ones of you that have been on council when this started. Um I I think it's a great project. I think it's what we we need. Um we're going to keep taxing the same 11, 1100 people to death unless we grow. And um that 301 quarter that special tax district um that's where we you know in the ' 80s when council annexed that land it was for growth and we're finally we're finally seeing some of the fruits of the labors and so I appreciate your passion. I hope I didn't give you any looks. Uh, but I mean the only thing I had a problem with back when it was turned down the first time before I got back on council was it gotten mixed in with the water issue and I and it kind of tainted it for me. But I'm I'm just tickled to death at this point and thank everybody for the work and I appreciate all the good questions cuz detail is important

at this time. Oh, okay. I appreciate that you appreciate the question, Steve. Um, we didn't have the time to really massage the pro project last time. You know, we were inundated with, you know,

with two because of the entanglement with the water thing. um coming up with more ideas for the project was kind of at a at a stopping point. You know, we solved that issue. We moved on from there and it came back thankfully because I do agree with you that area has sat for a very long time. It should have something done with it and and so we have a what I do think is a better project than before. I'm I'm very happy with a lot of it. Um, but because we we didn't really get maybe as as into it last time as as we could have because we had what some of us thought was a stopping point, it really didn't evolve as much as it could have. Um, now it it has that opportunity. And, you know, to be frank, it's gone a lot faster right now. Now, a lot of that is is is um due to what, you know, I saw as as as very impressive work on on staff's part to get everything together, and it was presented very well. and also with uh staff working with you the firm to to get things where they need to be. But it it it is moving a lot faster now. We we you know and I I would understand the opinion of dragging everything out you know the time before and that you know that's one side of things and you know that's in the past but um you know it doesn't mean to not do any due diligence. So, I I did want to ask every possible question I could think of. You know, go going back to what she was saying, like, you know, passing tonight, it's done. We're hands off. And, you know, that 140 acres over there, this is 20. So, now we're down to 120 acres left of really undeveloped tap potential of that town. So, it it does take away from it. So, it is our job to to go through these things and not stop anything. I I I don't want to. Uh, but I do want to isolate some things. And there there were a few things I noticed like I questioned about that, you know, were were things that are not, you know, set in stone. And if those are things you're okay with, so be it. Um, but there there

were parts of this thing that, you know, like I'm not going to you go buy a townhouse. But, you know, there there is a demand for a lot of these things. And, you know, I've heard that from multiple sources and says so in the reports that we have. Uh, so this project does tick the boxes. it does meet everything that the planning commission suggested and council deliberated over with with those updates three years ago to to modify things to make a project like this more desirable. Um, but Jeff, I'll just interrupt you. I think one of the things we're dancing around before is and you you you basically articulated it. We've got a professional staff now that has done a lot of the heavy lifting back then. You guys were doing your job as councilman plus staff.

Do you agree? Oh, yeah. Yeah. So, I mean, I can't thank our staff because they've done a lot of the heavy lifting this time and brought us and worked out a good product. So, it made it much much easier and I don't want to go back to to doing that and having to make uh spreadsheets and powerpoints and things like that. You know, that was more than was needed to do. Um, you know, do I

You worked hard on planning commission. Oh, and I I don't regret doing it. I mean, somebody needed to do it, but it it put certain of us in in in you know, some funny positions. Um, which is why we weren't able to you going back to like, you know, we kind of stopped at the water thing cuz that was honestly that was really the only thing that we had any real data for, you know, and then doing the other things. I don't think we were even, you know, the staff time just wasn't there at the time. So, we have a motion on the table. Um, are we all good? Is it time to take a role? Okay. Deputy clerk, please take a role for this. Yes, ma'am. Council member Hayman. Yes. Council member Stor.

Yes. Vice Mayor Coyle. Yes. Council member Chanel. Yes. Council member Voy. I'm going to go home. Yes. Council member Davis. Yes.

Motion passes unanimously. I would like to ask Mr. Webb to please rejoin his his policy up here. Okay, we're going to move on to item 21, fiscal year 2027 compensation direction planning commission and economic develop authority. Uh thank you madam mayor. Um at our previous meeting there was a discussion related to um compensation for both the planning commission as well as the EDA. Uh so as we head into the FY27 budget process just need direction from council as to the um amount that you all wish to compensate both the EDA and the planning commission for the upcoming year.

Do we know what it was before? I have heard everything from $100 to $50, but I don't know that I have anything specific. The planning commission want to say it was $100 a year and then the one year no one got a paycheck. So, yes, sir. Should David and I recuse oursel from this because we're both on the EDA? Um, well, the EDA has never gotten paid before. No, they haven't. That's probably true, but the uh the code says that you may be paid. So, if we're talking about the planning commission, I thought that it would be best to talk about both of the boards that we have as part of the discussion

for equity perspective. Okay. If that's the case, I was going to say there are only four people left on here if we were accuse the people. So, I need to It's It's not a conflict on the state conflicts of interest act unless you're going to get paid more than $10,000 for it. Yeah. The mayor needs raise. Good question. Now, some something was said in one meeting and I don't know what it was, but what it was like $15 a meeting. Is that what it was for the for the zone planning and zoning? That's what it used to be or something.

$15 a meeting? No, because that would be more than $100. It'd be 12. It' be 12. That $100 if you do meet once a month. I don't know. I guess it's a number I heard someplace floating around here. I don't know if it's in an EDA meeting. $12 a meeting would be $120 just for 10. Okay. So, it's way less. I did that way wrong. I know. On average, I would say you probably have 10 meetings. Actual meetings a year. Two two meetings usually get cancelled between the holidays and a summer meeting. Yeah. the planning commission and EDA, they're probably the same. Same.

Well, I certainly for the EDA being on EDA, I can't imagine the rest of guys do. Y'all got a big educational piece to it. I can see Yeah, it's a lot of work on it. So, you know, I'm just self guys having a problem with not having a salary. Um, I wouldn't want to take it away from the planning commission that does have to get training and stuff like that. Well, we could uh, you know, we could just like exclude the the council reps on on both boards from it.

I don't have a problem with what David said either. I mean, I I went on the EDA knowing that there was no salary. It doesn't matter to me. I went on it because I wanted to be on it to help the town. So there I don't know

I'd also just mad mayor that the town does pay for those who are new to the planning commission who need to get trained. The town does pay for pays for their schooling. Yes. For the classes. Yes. To become certified planning commissioners. We re we reimburse them. Yes. And what does the planning how often do they meet? Oh once a month. un and sometimes they have work sessions over and above that. You said you reimburse them because when I took my classes, town hall set my classes up and paid for it and told me when I was to start. Yeah, I think we reimbured them but

so you changed that protocol. I I I'm not don't quote me on it's very late and I've worked with in a lot of places but I think we did have reimbursed them because I think we wanted to ensure that they went through the class and did the work before they got their money. Well, and that that was something I was going to interject because we did have one commissioner that they paid to take the classes and they never did. So, I get it. So, uh is there a motion direction. We don't need a motion. Staff needs direction to remove it. Voted what? To remove

remove the salary. Well, it wasn't removed from um planning commission. It was just for that one year when everyone took a break and then it should have been re it was reinstated. I got a check my last year on it. 100 I make a motion that we compensate the planning commission $100 a year. Is that what it was? Yeah. And no compensation for the EDA members. A motion on the table. Is there a second? I'll second it. I have a second. Is there any further discussion? Deputy uh clerk, would you please take a roll call for this? It's a financial decision. Council member. Yes. Yes.

Member Stor. Yes. Vice Mayor. Yes. Council member Chanel. Yes. Council member Webb. Yes. Council member Boyd. That is abstain being on it. Council member David. Yes.

The um vote is six with one abstension. Motion passes. Moving on to item 22. We uh went into close session to review applications for EDA appointment, economic development authority appointment. And um I'm going to turn this over to Miss India Adams Jacobs at this time.

Uh thank you, Madam Mayor. you had three applicants for consideration and so council can make um the draft motion entering um the uh applicant that they would like to appoint to the EDA at this time. Madame Mayor, I'd like to make a motion that we um appoint Mary McManis to the EDA. I have a motion for Miss McManis to be appointed to the ADA. Is there's a second from Councilwoman Davis? Is there any discussion about this? And I think for the record, just to make sure I'm clear, to fill the expired term of dark firm to expire August 28th. Yes.

Any discussion? So, at this time, those who are in favor of this appointment, raise your right hand. Well, motion passes unanimously. All right. Next, we have consideration of legal services agreement for delinquent tax collection. Miss Jacobs.

Thank you, Madam Mayor. Um, in close, you have um a draft of a legal service agreement for delinquent tax collection with tax uh the town prior um used tax in 2017, 2018, and then somewhere during those staff transitions. um uh the the delinquent notices and the information provided to tax laps through those years. Um obviously now that we have a new financial system in place um we want to ensure that we are um collecting all of the taxes that are due to the town um and the the partnership and the agreement with tax will allow us to pursue that option um and that is before you for consideration. Have all of you looked at this in your packet? I was assured by the town manager that with our new financial system that anybody who is going to be the recipient of delinquent tax collection uh services towards them. um that they actually are delinquent in their taxes. We within I believe she said 98% accuracy. So um so we don't have to worry about having any faux paws. Would someone like to make a motion? Nope, you do.

Okay, I'll do it. I move that the town council approve the legal service agreement with taxing authority consulting services PC tax for delink delinquent tax collection services and authorize the town manager to execute the agreement and the necessary documents on behalf of the town of Bing Green. A second. I have a motion from Mr. Hagen, a second from Mr. Web. Is there any further discussion? I would like for the deputy clerk to take a roll call, please. Council member, yes. Council member Stor, yes. Vice Mayor Coyle, yes. Council member Schmaltz, yes. Yes. Council member, yes.

Council member Davis, yes. Motion passes. Next item on here is clean sweep. It's May 16th, 2026. That's all you need to know. We got a flyer. We will dispense with public comment because there's no public. We're going to move on to member comments. Miss Davis, Mr. Boy, I got some questions. Go ahead. No, I was going to leave. Mr. R, daughter, Miss Coyle, think enough. We're punch. I'm good. You're done. How about you?

Fine. I make a motion we adjourn. I have a motion. There's a second. All in favor, raise your right hand. Yay. Where are