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[0:32]
thank you
[0:42]
thank you
[1:16]
thank you
[1:49]
good evening everyone and welcome to the
town of Southern Shores regular Town
[1:55]
council meeting for October the 4th
2022.
[2:00]
if you all please join me now in the
Pledge of Allegiance thank you
[2:09]
I pledge allegiance to the flag of the
United States of America and to the
[2:15]
Republic for which it stands one nation
under God indivisible with liberty and
[2:21]
justice for all
foreign
[2:34]
I would ask just for a moment of silence
now please
[2:48]
thank you
[2:51]
Council we have
the opportunity to adopt our agenda or
[2:57]
amend it at this time
many amendments or can I hear a motion
[3:02]
to adopt our agenda I move that we
approve the agenda as presented second
[3:07]
we have a motion and a second
everyone in favor please signify by
[3:13]
saying aye aye opposed we have an agenda
thank you Council
[3:19]
on our consent agenda we have
two budget related items
[3:25]
and the approval of the minutes
[3:30]
any problems with providing us with a
motion to approve the consent agenda as
[3:35]
presented
a move that we approve the consent
[3:39]
agenda as presented
our second oh second thank you
[3:46]
no no hearing no discussion all those in
favor all right aye opposed motion
[3:53]
carries we have an approved consent
agenda
[3:57]
we are extremely excited and pleased to
welcome back to our town
[4:03]
our wonderful auditor Theresa Osborne
thanks for coming tonight Teresa good to
[4:09]
see you for that lovely introduction
absolutely
[4:14]
sort of at that time where I'm in
between trying to figure out if I
[4:20]
if I can see how this works
um so I'm here tonight to present the
[4:24]
results of your June 30th 2022 annual
audit the town has received what's
[4:31]
called an unmodified opinion on its
financial statements and that is the
[4:35]
best opinion that you can receive on
your statements and that's outlined on
[4:39]
pages one to three of the financial
statements I will tell you that that
[4:44]
letter used to only be two pages long
um that aicpa and the powers that be
[4:49]
have lengthened that to three pages it's
just got a little it's got a few more
[4:54]
disclaimers in it than it used to have
um but still the same overall opinion
[5:01]
um that opinion confirms that your
financial statements are presented
[5:04]
fairly in accordance with generally
accepted accounting standards
[5:08]
additionally there were no significant
deficiencies or material weaknesses
[5:13]
noted and this is outlined in the
internal control report which is on
[5:17]
pages 59 to 60 of your financial
statements
[5:22]
so the audited financial statements are
about 60 pages long
[5:29]
um
and so then I'm not here with you all
[5:32]
all night I'm gonna just pick out a few
highlights for you tonight
[5:37]
um believe it or not
[5:40]
we're really going to be able to see
where the town stands looking at um
[5:44]
pretty much just two of these statements
um the report begins with what is called
[5:49]
the management discussion and Analysis
on pages four through ten you may find
[5:54]
this to be a more user-friendly summary
of the town's finances
[5:58]
and it includes some discussion and
Analysis that you might not get from
[6:02]
just looking at the financial statements
and the numbers so that might just be
[6:06]
something you want to go back and
highlight after the meeting
[6:10]
exhibits one and two on pages 11 and 12
are what we call the government-wide
[6:16]
full accrual financial statements
typical government financial statements
[6:21]
do not include fixed assets and debt
but
[6:27]
um I'm going to say it's probably about
10 years ago we they came up with this
[6:32]
thing called Gatsby 34 where they
decided governments needed to be needed
[6:36]
to present their financial statements
more like businesses
[6:40]
and that's where they came up with these
government-wide financial statements and
[6:43]
that's what you're going to find on
exhibits one and two again typically the
[6:48]
statements that you get monthly and what
I consider to be the good statements
[6:53]
that you need to be making decisions
with they're not going to have the fixed
[6:56]
assets and debt on it so I'm going to
come back to those two exhibits in just
[7:00]
a few minutes I'm going to start tonight
on pages 13 and 14. these are what are
[7:06]
called your governmental fund statements
so if I could get you to join me on
[7:11]
those two pages
you'll notice on page 13 there are four
[7:17]
columns across the top these statements
are divided between what is known as
[7:22]
major funds and non-major funds and we
decide that based on
[7:27]
um how big the assets are of that fund
how big the revenues are how much there
[7:31]
is in expenses and sometimes you might
not have enough in assets or revenues
[7:36]
and expenses and some agency says we
want you to even though this might be a
[7:41]
minor fund we want you to show it as a
major fund and that happened this last
[7:46]
year with the American Rescue plan funds
that you all got that might typically
[7:51]
not meet the definition of a major fund
but because of the type of money that it
[7:55]
is the government said that they wanted
us to show those as a major fund so so
[8:00]
um over on the balance sheet you'll see
under major funds you've got general
[8:04]
fund and capital project fund you don't
see the special Revenue fund there which
[8:09]
is your which is your arfa money because
you didn't have any you weren't holding
[8:14]
on to any cash at the end of the year
but you do see that over on page um 14.
[8:19]
you see the general fund the capital
project fund and the special Revenue
[8:22]
fund that special Revenue fund is your
arpa fund American Rescue plan funds
[8:27]
again the reason you see it on the you
don't see it on the balance sheets
[8:31]
because there was no money there at the
end of the year but you see it on page
[8:34]
14 because you actually had Revenue come
in and it went back out
[8:39]
um in the same year
[8:45]
that non-major fund that's your Cemetery
fund
[8:50]
so over on page 14 in the First Column
under the general fund and um I also
[8:56]
want to add that even though we call it
the general fund North Carolina General
[9:00]
statutes require you to combine your
capital reserve fund with your general
[9:04]
fund so that general fund includes both
of those
[9:07]
if you go down towards the bottom it
says net change and fund balance your
[9:12]
revenues over your expenses and your
general fund again which includes the
[9:16]
capital reserve fund was three million
306 528 off the cuff that's going to
[9:23]
sound like a whole lot of money to you
and you might say why were we so much
[9:26]
revenues over expenses but there were
there's some actually very good reasons
[9:30]
for that last year as you all recall
um last fiscal year was when you
[9:36]
implemented your Municipal Service
District taxes one and two or A and B I
[9:41]
can't remember how you refer to them but
and you also did the four Cent town wide
[9:45]
Beach nourishment tax last year
so those tax that four Cent town wide in
[9:51]
the msda and B brought in about 1.7
million dollars last year that didn't
[9:57]
get spent last year because you
implement that in the year before you
[10:01]
have your first debt payment so of that
3.3 million 1.7 million dollars of that
[10:07]
is actually from those taxes and that's
sitting in your capital reserve fund at
[10:12]
June 30th
in addition to that you received 471
[10:18]
354 dollars in American Rescue plan
funds again those were not budgeted and
[10:24]
but those were received and they were
transferred into the general fund to
[10:28]
offset police salaries and benefits you
all probably remember doing a project
[10:33]
resolution sometime last year where you
decided how you were going to use that
[10:37]
money
um in addition to that
[10:41]
um you um
took two hundred and thirty three
[10:45]
thousand dollars from your bond funds
when you all when you all first started
[10:50]
doing Beach nourishment you were paying
for those expenses out of your general
[10:53]
fund
um and then you got your bond debt last
[10:57]
December and you were able to take two
hundred and thirty three thousand
[11:01]
dollars out of that Bond money and
reimburse the general fund for the
[11:04]
expenses that were fronted by the
general fund so that's another two
[11:08]
hundred and thirty three thousand
dollars that rolled into the general
[11:10]
fund and then lastly shared revenues
came in over budget by approximately
[11:15]
nine hundred thousand dollars that would
be your occupancy tax your sales tax and
[11:20]
your
um occupancy sales and land transfer tax
[11:24]
so when you all were working on your
budget in May of 21 you hadn't finished
[11:31]
fiscal year 21 so you really weren't you
didn't fully know what an amazing year
[11:36]
that was going to be
um and that just ended up to be a you
[11:40]
know it ended up being a phenomenal year
and that really rolled into fiscal year
[11:45]
21-22 as well the um you know tourism
remained very strong and
[11:51]
um property sales remained very strong
as well so again those numbers came in
[11:56]
over budget
[11:59]
um on page 13 again this is the BET 13
is the balance sheet that matches up
[12:04]
with the revenue and expenses if you
look in the first column on page 13 down
[12:10]
towards the bottom you can see that your
total fund balances are 11 million 571
[12:15]
941 and you can see how that's broken
down 2.1 2 million 186 of that belongs
[12:22]
to the capital reserve fund that's um
the biggest piece of it
[12:27]
um two million dollars of that is
um what's called stabilization by State
[12:32]
Statute that's revenues that you have
recognized as income at June 30th but
[12:39]
you didn't actually receive the money
until July or August so even though
[12:43]
you've recognized it as Revenue North
Carolina says we're not really going to
[12:47]
let you call that unassigned because you
didn't actually have the cash in hand at
[12:51]
June 30th but what that leaves you with
in your unassigned is 6 million 557 121.
[12:59]
that's an increase over the prior year
of 1 million 368.005.
[13:06]
um the primary reason for this increase
or the re or the things that I just
[13:09]
mentioned the arpa funds the um Beach
nourishment expenses and the revenues
[13:15]
over budget
that on assigned fund balance represents
[13:19]
a hundred and ten percent of total
general fund expenses for last fiscal
[13:23]
year
the town has a fund balance policy that
[13:27]
requires a minimum of three million
dollars so that six million is you know
[13:31]
significantly above that amount
um certainly gives you some flexibility
[13:35]
As you move forward and make decisions
um
[13:41]
so back to the the exhibit one and
exhibit two that I was telling you about
[13:44]
what we do is we take exhibit three and
four and we convert that over to what we
[13:49]
call the government-wide financial
statements which is exhibit one and two
[13:53]
and you'll see at the bottom of exhibit
three and four there's these conversion
[13:57]
schedules there that shows how we add
the debt and the fixed assets to exhibit
[14:02]
one and two
um so exhibit one which is the balance
[14:06]
sheet the government-wide balance sheet
that's on page
[14:11]
it's page 11.
yeah page 11.
[14:15]
you can see there that um you've got all
of your debt included here
[14:20]
um you've got your you've got your bond
debt and you also have your
[14:26]
um actuarily determined liabilities for
post-employment benefits for things like
[14:31]
pension and retiring health insurance
you can see those liabilities are going
[14:36]
to be detailed on page 38 of the notes
to the financial statements
[14:40]
and I just always like to mention that
although the liabilities for the law
[14:44]
enforcement officer special separation
allowance and the retiree health
[14:48]
insurance they're required to be
reported in your financial statements
[14:51]
there is no funding requirement there's
no law that says that you have to set
[14:56]
that money aside
um the LGC has started recommending that
[15:00]
local governments maybe take a look at
that and decide you know is it time to
[15:05]
set is it time to start setting that
money aside
[15:08]
um I'll tell you that not a not a whole
lot of governments have done it because
[15:12]
there's a lot that money is very
restricted once you put it into a trust
[15:16]
fund you can't ever get it back out
um
[15:20]
just just a lot of rules you got to
follow
[15:24]
something that we find becomes mandatory
as time goes on but right now it's not
[15:30]
um overall I just want to say that the
town ended the year in very strong
[15:33]
financial condition I would like to
thank Bonnie and the rest of the staff
[15:36]
for their assistance with the audit and
I'm happy to answer any questions that
[15:39]
you might have
thanks Teresa okay I see it's uh still
[15:45]
pending to the LGC has that been it is
still pending it has been submitted to
[15:50]
them and I would expect sometime over
the week week or 10 days will probably
[15:55]
um we'll hear back from them
and generally it would just be like a
[16:00]
format
they're never going to question the
[16:03]
numbers that are in here it might just
be a formatting question or something
[16:06]
that they may have
um I've never had any that were not
[16:09]
approved the first time so
um it's just just a process that we've
[16:14]
got to go through
okay
[16:19]
anybody have any questions for Teresa
[16:24]
we're glad there's no Majors or minors
thank y'all very much thanks Teresa very
[16:29]
much
[16:39]
next on our agenda is uh
staff reports
[16:44]
we have our staff report from our Deputy
Town manager playing director Wes
[16:48]
haskett good evening Wes
thank you good evening mayor members of
[16:52]
council
um I have a brief report for y'all
[16:55]
tonight for the month of September with
respect to permits there were a total of
[16:59]
55 permits issued that consisted of
non-zoning permits 25 building permits
[17:06]
one of those was for a new construction
17 trade permits three lot disturbing
[17:11]
stormwater management permits one lot
disturbance demolition permanent and the
[17:16]
total amount of fees that were collected
in September was 22 327 and 30 cents
[17:24]
with respect to code enforcement in
September there were 11 warning
[17:28]
citations issued for solid waste
violations and one warning citation was
[17:34]
mailed for a Fallen Tree over a canal
moving on to with respect to land use
[17:40]
Plan update with respect to where we are
there we are looking at scheduling the
[17:45]
community kickoff day meeting with the
consultant or meetings rather with the
[17:49]
consultant on November 15th that has not
been finalized yet that day would
[17:55]
consist of a joint planning board Town
council meeting possibly department head
[18:00]
meeting a community tour with the
consultant and then that would also that
[18:05]
evening that would be the day of the
first public Workshop meeting with the
[18:09]
consultant
um
[18:12]
again the project schedule has not been
finalized and once it has been we will
[18:17]
make sure that it's posted on the
website
[18:20]
um so that everyone can see and plan
accordingly
[18:24]
with respect to the planning board board
will be meeting uh tomorrow actually
[18:28]
here at 1 pm for a special meeting and
the purpose of the special meeting is
[18:33]
for the board performing the duties of
the town's Board of adjustment to hold a
[18:38]
public hearing to consider
apa-2201 an appeal application submitted
[18:43]
by Adam Ward to appeal of the zoning
administrator's decision to deny
[18:47]
approval of a recombination plot for the
property located at 55 Skyline Road
[18:54]
the board will also meet on October 17th
here in the Pitt Center at 5 5 PM
[19:00]
at that meeting the board will discuss
potential commercial design standards
[19:04]
and they may consider the ZTA 2208 from
Casey Varnell on behalf of pleasure
[19:11]
Palace cdec the one that was submitted
back in I believe July or August
[19:16]
um and has been pushed back and pushed
back
[19:20]
um lastly the historic landmarks
Commission
[19:23]
they may be meeting on October 25th I
reported at the last meeting council
[19:28]
meeting that uh there was a certificate
of appropriateness application submitted
[19:31]
by Courtney Clements for 23 porpoise run
that meeting was pushed back from last
[19:37]
month and it may be pushed back again
that's why I say they may meet on
[19:40]
October 25th
um we'll know for sure by the beginning
[19:44]
of next week
any questions
[19:48]
nope I'm sorry I was writing why you
said this the next paying board meeting
[19:53]
date and time regular plan board meeting
data time is October 17th at five
[19:58]
o'clock
[20:00]
and then there's a special meeting is
tomorrow at one call got it
[20:05]
what else I just have one question and
the whole scheme of things this is
[20:09]
pretty minor but
there are so many trash cans that have
[20:15]
been turned over on Ocean Boulevard I
mean scads of them ever since last week
[20:20]
are the rental companies at all
Cooperative about going to pick those up
[20:25]
I mean the houses are empty that's
pretty obvious
[20:28]
some of them are yeah can we give you
the names of some of them that don't
[20:32]
appear to be very Cooperative I mean you
know they're in the I know the officers
[20:38]
they're in the road they're you know
people are pulling them out well I've
[20:42]
moved a bunch of them the other day yeah
I mean it just seems like you know we've
[20:46]
had two storms and that's bad but just
some cooperation in getting those cans
[20:52]
off the road would be
very appreciated we'll see what we can
[20:56]
do okay would some sort of written
request letter from the town
[21:04]
two individual property owner companies
property management companies
[21:10]
blasted out food or Association okay I
think the Challenger is getting the
[21:16]
renters to understand to bring some of
them back too if they get there as a
[21:22]
turnover and I'll see cars there and
they're still out there matter of fact
[21:26]
Sunday somebody was trying to put some
over on while I was on the North going
[21:31]
north uh put them on the west side
instead of having it out on the east
[21:34]
side so they truck could pick it up I
mean it assumes that there should be
[21:38]
some protocol when you have a big storm
come through town
[21:42]
and they're trash cans and they just lay
there for days oh yeah I mean there
[21:47]
should be some protocol that these
rental companies and there's still some
[21:50]
down here and they've got most of them
are picked up I think but there's some
[21:54]
down here at the end yet yeah
anyway just a minor point I'm glad
[21:59]
that's the only storm damage we had but
yes ma'am
[22:04]
was anything from uh the activity at
Marketplace
[22:12]
um they as you can see the walls were
going up
[22:14]
um they've done more work in the parking
lot
[22:17]
um we have been in communication with um
not only the property owner but
[22:23]
um a company that represents
um the shoe stores where they're the
[22:29]
contractor that's doing work now they're
gonna for that store they're building
[22:32]
the shell of the store and then another
company is going to come in and do the
[22:35]
upfit the the work inside in the
interior so there will be a separate
[22:40]
building permit issued for that store
um but things are moving along there
[22:46]
very well and um
I think they look to be in there March
[22:50]
or April oh great Marshalls would like
to be in there by March or April wow and
[22:56]
still pretty quiet on the
complaint front in other words we don't
[23:01]
people aren't calling you no ma'am I
haven't I have not heard of any
[23:04]
complaints
um
[23:06]
in the last since I spoke with you last
terrific it's great to hear okay thank
[23:13]
you anybody else have a question for us
what was the tentative data that public
[23:16]
Workshop the land use plan uh tentative
date is November 15th
[23:21]
so good and we will be in touch with you
all obviously once if that's the day
[23:27]
we're going to be able to make work for
everyone
[23:34]
thank you thank you very much
[23:42]
next week we're going to hear from our
um
[23:45]
police chief chief David Cole
[23:49]
good evening Chief Cole
[23:54]
good evening mayor members of council
the police department report for
[24:00]
September 2022
you can see the calls for service we had
[24:05]
1491 compared to uh
1670 uh the prior year a lot of that is
[24:14]
the cro is pretty much done so there's a
little bit less activity there and also
[24:20]
there's not as many businesses to check
as there was the year before
[24:25]
uh as you can see under the incidents
which were the actual crimes reported we
[24:30]
had two breaking and entering one
larceny we had three vandalism
[24:35]
seven that were drug related uh uh that
also involved drug equipment
[24:39]
we had one communicating threats one
forgery we had the airplane crash
[24:45]
one found property and and I'll get a
little bit into the airplane crash at
[24:51]
the end here uh one found property we
had four requests for our canine
[24:56]
and uh two hit and runs for a total of
uh 23 offenses
[25:01]
because we had six criminal arrests
uh seven of those were for all the drugs
[25:07]
and the drug equipment related and the
commuting cating threats for a total of
[25:12]
eight charges
officers they conducted 94 traffic stops
[25:18]
and out of that they handled the handout
23 written citations and another 55
[25:24]
warning citations
there were 24 local ordinance violations
[25:31]
and we had nine motor vehicle accidents
for the month of September
[25:36]
just a couple of quick things to note
and I'm sure the fire chief may hit on
[25:40]
some of these things um the trash cans
yeah our officers pulled a lot of them
[25:45]
out of the road during the storm
and did not take them up to the house
[25:49]
but they got him out of the road
um mostly on the midnight shift and as
[25:54]
far as the last storm we had we had some
high water but I think because we
[25:59]
haven't had as much rain it didn't it
didn't pool as long and we had two or
[26:05]
three pretty good sized trees come down
uh in the fire department and I give
[26:10]
kudos also to David Bradley in public
works they did a a very good job of
[26:14]
clearing up the road and getting it open
quickly
[26:17]
ah let's see
as you already know for the most part we
[26:23]
had a uh a two a two-man aircraft which
was an ultralight that had unfortunately
[26:28]
had experienced some kind of a
malfunction and ultimately crashed about
[26:34]
a half a mile out into the ocean in the
year of 120.
[26:39]
um
duck Road
[26:43]
and without getting into a lot of the
specifics I can tell you that the Fire
[26:47]
Department EMS and air central
um and I won't get into all the
[26:52]
specifics because they'll end up for
getting or leaving someone out but
[26:56]
they did a tremendous job considering
the circumstances
[27:00]
um locally a little more frustrated with
the other entities
[27:06]
from the government but I commend the
two local divers that we were finally
[27:12]
able to get one was through the fire
department one was through Merrick from
[27:16]
Ocean rescue they did a tremendous job
of recovering the victim which was
[27:21]
important to all of us to give the
family some closure
[27:24]
uh we uh Cliff set up a debriefing and
after action
[27:30]
uh meeting that all of us met and talked
it out talked through it some of the
[27:37]
things that were short-ended that that
we need to prepare for in the future
[27:42]
hopefully that we never have to use
again but that you know some of the
[27:46]
shortcomings that that we noted
and ultimately we finally found out that
[27:51]
the actual people that investigate these
are the NTSB
[27:56]
it's not the New York or the highway
patrol it's not the state police it's
[28:02]
not the SBI it's not the Coast Guard
and it's not the FAA and it's not
[28:09]
we got a phone number for the call and
it was the United States Air Force I
[28:15]
said yeah we investigate it but not
commercial or not private one so
[28:19]
ultimately we finally turned it over to
the NTSB and we have not heard another
[28:23]
word
so and that was about a week and a half
[28:26]
ago any questions
did that group been on site pardon is
[28:32]
that mtsb the group's been on site not
that I'm aware of but by the time
[28:36]
um one of the comments they made was
when we told them the type of aircraft
[28:40]
they said that probably didn't have
insurance so I don't even know if they
[28:43]
were going to show up
because it was just going to be a
[28:46]
recovery but I can tell you if this
start if if this crash should happen the
[28:50]
next day
uh
[28:52]
it would have been a lot different
because it's it was kicking as it was
[28:55]
then but it was even worse the next day
and I can guarantee you that
[29:00]
the aircraft had when they had pulled
the parachute to try and pull it up with
[29:05]
him in it it snapped then he went down
about 22 feet two other people want to
[29:10]
commend our Weeks Marine their boats
their survey and boat
[29:14]
uh
unbelievable they did an awesome job
[29:18]
they were able with the sonar they had
they popped the line and and the two
[29:23]
divers went right down and right there
right on top of it so they did a
[29:27]
remarkable job
um
[29:31]
so
there's an un did the aircraft did they
[29:36]
rent it or was one night or did the
people own it to the best of our
[29:40]
knowledge we located their two vehicles
they were at first light at the air it
[29:44]
uh the airstrip there um they were from
Lansing Pennsylvania
[29:49]
and it was their
aircraft
[29:53]
and the gentleman who didn't make it was
actually a pilot I believe it was a
[29:57]
helicopter pilot too so
yeah it was an unfortunate
[30:03]
I just had I was on the beach during
most of this time and I was just
[30:10]
amazed and so impressed at the community
effort from I couldn't begin to name
[30:16]
everybody who was there
um and I would like to see our Council
[30:22]
recognize some of these people
particularly those two divers who were
[30:27]
just individual citizens who I know
um
[30:32]
heard you call them on the phone and to
ask them to come over and I'm just so so
[30:37]
I don't know mayor maybe you could work
with the police chief and come up with a
[30:40]
list of people that we need to say
thank you too
[30:45]
and I also like to commend uh the
volunteer fire department chaplain she
[30:50]
did an awesome job this is the victim's
wife wanted to come to the scene and our
[30:56]
officer in in the chaplain were able to
keep them at the hospital because the
[31:01]
last thing we wanted them to do is to
come to the scene and just watch us
[31:04]
standing there waiting
for right but I think thanks to Weeks
[31:09]
Marine because they were definitely out
there yeah
[31:15]
anything else
thank you thank you thank you Cole
[31:19]
Chiefland Barker
good evening Ed
[31:27]
good evening mayor council uh just to
while we're on the topic I think the
[31:32]
chief basically covered it all but um I
will say that we're pretty fortunate to
[31:37]
just have two divers actually in the
fire department that it's not a task we
[31:42]
normally do but we do have a guy that's
been diving for 30 years he's certified
[31:45]
instructor he teaches it and he happens
to be our Treasurer so a phone call away
[31:49]
which was very very nice because we were
having some difficulty but um it was
[31:53]
nice to get that victim out of the water
for the family so yeah there's any
[31:57]
questions for me regarding that I'll
just say I thought the incident went as
[32:01]
well as possible obviously us and the
police worked very well together but all
[32:05]
the other agencies I thought locally did
a good job
[32:08]
and just to point out the two divers
that totally volunteer they were under
[32:13]
no obligation to say yes when we when we
called them they totally did it all on
[32:18]
their own that is correct yeah
so so there's no more questions on that
[32:23]
I'll get into the fire reform report for
the month of September
[32:29]
uh that's actually wrong it's 67 there's
one report that's not closed out because
[32:33]
the structure fire report's not done yet
for Mark's point but um going through it
[32:37]
there were two structure fires one was
in Kitty Hawk and one was in Martin's
[32:41]
Point last month
one vehicle fire 30 EMS calls
[32:46]
one extrication of rescue which I might
have was just uh not really funny but a
[32:53]
guy was on his roof and the ladder just
collapsed he was on the roof so he
[32:56]
didn't get hurt or anything he just
couldn't get off because he was down I
[32:59]
just need a ladder so I'm sure his wife
will never let him live that down but uh
[33:03]
anyway he was fine so nothing happened
to him but um
[33:07]
the water accident or the water rescue
was actually the glider one or two gas
[33:12]
leaks one electrical equipment one power
line down
[33:17]
seven service calls which are either
wheelchairs or our sign program
[33:22]
three Public Service one assist the
police or other agency which was the
[33:26]
Fire Marshal's Office
I'm in public service two dispatch
[33:30]
canceling route
one smoke scare Road or smoke
[33:34]
one Hazmat with no Hazmat
and 11 alarms including one Co and one
[33:41]
citizen complaint
[33:45]
and that's all it compares to last year
was
[33:49]
59 so we're a little head
any other questions
[33:56]
[Music]
thank you Chief you're welcome
[34:00]
as always
we appreciate all the volunteer efforts
[34:05]
and professional efforts
[34:08]
next we'll hear from our town manager
Cliff Ogburn good evening Cliff thank
[34:12]
you um I can't stand up here without
also thanking the police chief and the
[34:16]
fire chief for the work from the very
beginning to the very end of that day
[34:21]
throughout the entirety
they did an outstanding job uh and so
[34:27]
I'm just very thankful for the two of
them and that they're here and
[34:30]
supporting us uh there there is a long
list of folks that that were there and
[34:35]
supported that day there was uh one
other I'll mention the ti Coastal was a
[34:39]
survey boat and I'm mentioning that
because both of them told me not to
[34:44]
forget how uh valuable those guys were
um and uh so there's a lot of folks to
[34:51]
thank and we'll we'll do that moving
forward uh on my agenda I had the vacant
[34:57]
lot right beside you right behind you
um it's really just to keep that on your
[35:02]
radar as you know that block was
purchased back in 2015
[35:07]
uh it's Zone government institutional
gni
[35:12]
um it there's we've started making some
discussion about what we might
[35:15]
potentially do with that lot one of the
things we've talked about is a community
[35:18]
garden that's gained some interest uh
the sscas has mentioned interest there
[35:24]
the Outer Banks Community Foundation has
and so I'm not suggesting we do anything
[35:28]
with that right now but I do just want
to make sure
[35:32]
um if you know one of the things I was
taught early on no surprises so if
[35:36]
you're hearing discussion about that lot
you know that's kind of where it's
[35:39]
coming from
um on the on beach nourishment we had
[35:44]
our first uh public input meeting last
week uh there were about 13 here in this
[35:50]
room uh first time it had been in
Southern Shores we had about 13 people
[35:53]
total uh most of those were online uh
had some really good questions
[36:00]
um so here's the latest the uh this
before the dredging can start there has
[36:06]
to be there has to be some surveys they
have to do before dredge surveys and
[36:10]
then of course it's dragged and then
they survey to see the quantity that was
[36:14]
put ours was done more than 10 days ago
and 10 days have expired so we have to
[36:20]
resurvey
um the two dredges are supposed to start
[36:24]
coming back and be here either late
Wednesday night or early Thursday
[36:28]
morning
but the survey boats are probably going
[36:32]
to take a little bit longer to get that
work done before we can dredge but so
[36:36]
right now both directions will go to
Kitty Hall they've got about 5 000 feet
[36:39]
they have to finish there as soon as our
beach is surveyed then the Magdalene the
[36:44]
bigger of the two will come to 60 Ocean
Boulevard and start pumping South
[36:49]
um
I've stood up here four or five times
[36:52]
and told you the dredge is coming and
this is number six so
[36:57]
um
about if they start Monday they're
[37:01]
supposed to finish in 40 to 45 days and
that would take them right up until
[37:05]
Thanksgiving Day
and then of course they have to go to
[37:08]
duck and be done by the end of December
so they've got they've got their work
[37:13]
cut out for them
but that's the latest news as of this
[37:17]
morning provided there's no more storms
correct or or equipment breakdown or
[37:23]
equipment yeah
so that's all I got all right thank you
[37:28]
Cliff thank you anybody have any
questions for cliff
[37:31]
I'm good okay thank you very much
[37:37]
next on our agenda is the opportunity
for our town attorney to address US good
[37:41]
evening Phillip thank you um I would
like to bring you guys an update on the
[37:45]
mid County kerto Bridge litigation uh
which remains pending in the full circle
[37:50]
fields in Richmond on Monday October the
3rd the full circuit advised us that
[37:56]
more arguments in this case would be
scheduled for the December 6th through
[38:00]
9th argument session
the attorneys are being directed to
[38:04]
inform the court of any conflicts by
October 11th and will later be informed
[38:09]
the specific date between the sixth of
the night that arguments will be heard
[38:14]
uh this is the first real development
since we filed our Amicus brief in
[38:18]
mid-june and we'll report any further
developments to the council as they
[38:22]
occur
[38:26]
appreciate it and I also am here to
answer any questions the manager advised
[38:32]
me there may be some questions about the
recent U.S Supreme Court decision Reed
[38:35]
versus Gilbert about content neutral
signs
[38:39]
um maybe once we get to the public
hearing about signs well unless somebody
[38:43]
has a question now they want to probably
not he's pretty straightforward and I
[38:46]
sent Clint an email which may be yeah
something might pop up when we get to
[38:51]
that public hearing but yes thank you
for that offer appreciate it Phil okay
[38:54]
very good
um next on our agenda is the general
[38:58]
public comment
[39:03]
Mr Jeff Hummel would you like to come
and address the council
[39:15]
I wouldn't stay back there and talk I've
never been said I've never told wife
[39:18]
about anyone these things on hey no
complaints I'm just here I'm uh probably
[39:23]
the most affected by the bridge the
Culvert uh Universal Trinity Culvert
[39:27]
replacement
um
[39:30]
my driveway is probably about 50 feet
from it probably the closest one of the
[39:34]
four of us are on that corner nothing in
particular I've been working with Cliff
[39:38]
I want to thank him uh he's been keeping
me in the loop on things and I do hope
[39:42]
to stay involved as we go forward
certainly safety and Aesthetics are the
[39:47]
two things I'm most interested in
um so we don't end up with a an ugly
[39:51]
concrete structure sitting there so
hopefully we can find some things I know
[39:55]
you guys decided on uh or at least
preliminarily decide on option two
[40:00]
I like option three better personally
but I think two is probably a good
[40:03]
answer since it saves us some money and
hopefully we can use some of that money
[40:06]
for
some of those Aesthetics things we may
[40:08]
want to do some different railings or
stamped concrete or something whatever
[40:12]
it comes down to but uh just want to
stay involved and thank you guys and uh
[40:17]
carry on any questions feel free which
house if you're going if you're going
[40:21]
north on on June for which one over your
shoulder over the shoulder on the right
[40:26]
yeah the one that has to drive up on the
hill okay yes that literally that that
[40:30]
Creek is right there exactly right okay
terrific okay thanks Jeff thanks guys
[40:36]
thank you
in Jefferson engineer as well as a
[40:40]
neighbor so
[40:44]
we have nothing on our agenda under old
business so we'll move on to new
[40:48]
business which consists of lots of
public hearings
[40:51]
um but first we start with the
Reconstruction task force appointment uh
[40:56]
council is on page 16.
[41:01]
and I believe is a clip
oops no it's not on page 16.
[41:10]
16. hmm yeah
[41:15]
yeah item five page 16.
you got plenty page numbers
[41:23]
oh okay sorry the item title at the top
got okay Excuse me yes page 16.
[41:31]
um Cliff are you Wes is gonna handle
this thank you
[41:35]
yes ma'am um this is something that we
have to do annually
[41:39]
um part of our community writing system
scoring
[41:43]
um
this is established in section 12-69 of
[41:47]
the town code and it requires an annual
appointment of the Reconstruction task
[41:52]
force which are activated upon the
Declaration of a building moratorium
[41:57]
following a major storm event
the primary purpose is to receive and
[42:01]
review damage reports and other analyzes
of post-storm circumstances
[42:07]
um
to discern appropriate areas for post
[42:10]
storm change and Innovation
the representatives include two elected
[42:16]
officials two planning board members uh
Town manager myself police chief fire
[42:21]
chief
ssca president cpoa president and one
[42:25]
representative from the construction
Community which is uh again Mr David
[42:29]
Buchanan has volunteer volunteered to
fill that role
[42:34]
very good thanks Wes anybody have any
questions for Wes
[42:38]
so council could I hear a motion to
appoint the Reconstruction task force as
[42:43]
presented by staff so we have a motion
of a second
[42:49]
second second
any discussion
[42:53]
none all those in favor all right
motion carries
[43:02]
okay now we have
number six public hearing final
[43:07]
Subdivision plat submitted by Matthew
Casella to subdivide the property
[43:11]
located at 267 Hillcrest Drive and I'm
handing the public hearing over to our
[43:17]
able-bodied attorney Philip northall
thank you madam mayor I now open the
[43:23]
public hearing for the final subdivision
plot submitted by Matthew Casella by the
[43:27]
property located at 267 Hillcrest Drive
called Mr Hat
[43:38]
thank you Mr warthog
um the next item on y'all's agenda is uh
[43:43]
psp-2201 this is approval of the final
subdivision plot for 267 Hillcrest Drive
[43:49]
you'll recall at a previous meeting you
all reviewed the preliminary plot for
[43:53]
this subdivision the ordinance requires
that for this kind of subdivision that
[43:59]
it goes the preliminary plaque goes to
the planning board and Town Council and
[44:02]
the final plaque goes to the planning
board and Town Council
[44:06]
uh this final plat um there are no
changes other than the ones that were
[44:10]
requested in the conditions you all
approved
[44:13]
um of the preliminary plot which was
basically to remove references to uh
[44:18]
recombination and to add a certificate
of approval for the planning board and
[44:23]
the Town Council other than that the
ownership is the same the lot sizes are
[44:28]
the same all the measurements everything
is the same this is simply the final
[44:32]
plot should you all approve it tonight
then the surveyor for Mr Casella we'll
[44:37]
draw up the mylar plant which is a
specific
[44:41]
material document and um the owner will
sign it the surveyor will sign it and
[44:47]
seal it and then the mayor and planning
board chair will sign it representing
[44:51]
the town then the owner will take it to
the register of deeds for recreation and
[44:58]
it will be done
[45:01]
um the planning board staff recommends
approval of the final plot and the town
[45:05]
planning board approved it at the
September 19th meeting
[45:11]
any questions for me
[45:16]
sorry one side up to speak
and when he would like to be
[45:22]
I'll now close the public hearing
Thank You Phillip
[45:27]
Council um we've seen all of this
material before
[45:30]
um so I think it's pretty much a
straightforward
[45:33]
um
[45:36]
as presented and so I need a motion to
approve
[45:41]
the oh
the the final plan final plot
[45:47]
yeah I move that we approved the final
plant to subdivide the property located
[45:52]
at 267 Hillcrest Drive we have a motion
to have a second second
[45:57]
any any last discussion or questions at
this time
[46:03]
hearing none
I'll call for a vote all those in favor
[46:07]
I don't know any opposed motion carries
five zero thank you
[46:12]
okay
um next item of business
[46:19]
is public hearing ZTA 2108
submitted by the town of Southern Shores
[46:25]
to amend town code sections 36 to 57 and
36 to 165 and it's on page 20 in your
[46:30]
books Council
[46:33]
I will now hand this over to
our attorney Philip lenthal
[46:39]
I will now open the public hearing for
ZTA
[46:42]
21-08 application submitted about
southern shoresville Midtown code
[46:47]
sections 36-57-36-165.
[46:53]
foreign
[46:58]
thank you sir the next item on y'all's
agenda is eta-2108
[47:04]
um it's almost exactly a year in the
month of November you all considered
[47:08]
this application November 9th 2021 and
if you all uh recall from that meeting
[47:14]
there were several comments during the
public hearing most of them were
[47:19]
related to the changes to the size of
temporary signs for properties that were
[47:25]
for sale or for lease and rent
um or contractor signs
[47:29]
so ultimately in November of 2021 uh you
all Council voted to send this
[47:35]
application back to the town to town
staff and the planning board for
[47:39]
revisions including in the vote in your
motion allowing signs in the town
[47:44]
right-of-way during campaign season
Town staff has made several revisions to
[47:49]
this proposed language since November
2021 those changes include but are not
[47:54]
limited to allowing temporary signs in
the right-of-way during campaign season
[47:58]
with permission from the adjacent
property owner or owners
[48:02]
revise right-of-way during um excuse me
revised the requirements for signs on
[48:08]
properties that are for sale or lease
provides the definition of sign revised
[48:12]
the definition of temporary sign
provides the requirements for signs at
[48:16]
Major entrances to subdivisions advisor
requirements for wall signs in the
[48:19]
commercial zoning district and revised
requirements for temporary signs and all
[48:24]
the zoning zoning districts
um with this last version the planning
[48:30]
board considered it at the September
19th meeting and they did recommend
[48:34]
approval of it and town staff recommends
approval as well
[48:41]
very good thank you Wes thank you
is there anyone here signed up to speak
[48:48]
when you would like to speak
hearing that I'll now close the public
[48:53]
here
thanks Phil
[48:54]
[Music]
um I want to just take a moment to thank
[48:59]
the planning board
for all their hard work on this
[49:03]
particular
um
[49:06]
revision of our town code
um I want to thank staff
[49:11]
for all of their hard work and also our
attorney for his review of the legal
[49:18]
requirements of updating this particular
ordinance this is a lot of work has been
[49:23]
done on this revision and um
and I just I'm just very very thankful
[49:31]
um that we're seeing the light at the
end of this tunnel
[49:34]
um because it's been a long road so
again I can't I just want to say thank
[49:39]
you to Andy Ward
Tony De Bernardo and all the rest of the
[49:43]
planning board members
um Wes cliff
[49:47]
um and our attorneys
mostly Ben but maybe some Phillip
[49:52]
um thank you very much
having not been on the board then I
[49:56]
think this is really well done reading
what it was and the table that's set out
[50:01]
now I think it's very easy to follow for
anybody and it lays it out extremely
[50:06]
well after after I reviewed it I said
wow this is a lot of work and it's well
[50:10]
done you know eliminated a lot of yeah
dupe and misunderstanding what it did
[50:17]
yeah
[50:20]
I mean just one more thing to
to write an ordinance that strikes a
[50:25]
balance between
trying to accomplish what we want to
[50:29]
accomplish for us the Aesthetics of our
town
[50:32]
but also
um
[50:34]
recognizing people have free speech
rights
[50:38]
um also recognizing that the town needs
to have an ordinance that they can use
[50:44]
when necessary
and all of that I think has become or
[50:49]
been worked into this in a pretty good
balance and um so I'm very grateful
[50:58]
can we hear the legal dissertation about
the Supreme Court case
[51:04]
illegal yeah you want to meet him to
read the email I'm just curious yeah if
[51:08]
somebody puts an offensive sign up we
had this off the cuff discussion earlier
[51:12]
um what
what recourse the town might have
[51:15]
what's the difference between I mean if
we can't regulate baseball content
[51:18]
there's nothing in here that says
content but if there's a vulgar sign or
[51:23]
different various types of signs it
might be more restrictive on
[51:28]
in the Gilbert case they were more
restrictive on temporary signs for
[51:32]
church and events like that than they
were on time 's political and they had
[51:36]
different size requirements for every
sign
[51:39]
um and if they think it's content based
it's going to be presumptively
[51:43]
unconstitutional and faced a strict
scrutiny test where they have to you
[51:49]
have to narrowly tailor
um in those strict scrutiny tests
[51:53]
whatever the issue
they rarely Survive by the
[51:59]
Constitutional View and what I think you
guys have done here has been very
[52:03]
content neutral and that you've treated
most signs the same way and and
[52:10]
it's well done
[52:13]
and if you want to get down in the Weeds
about this I could talk to you after I
[52:17]
when you can my email basically outlines
holding in the analysis of the Gilbert
[52:22]
case and essentially they had three
different types of signed ordinances for
[52:26]
three different types of signs and they
were treated differently and the church
[52:31]
ultimately left their sign up longer
than the hourly requirements for
[52:35]
temporary signs for that particular type
of conduct and they got fined and then
[52:40]
they ultimately sued the town of Gilbert
it made its wealth in some reports all
[52:44]
the way to the U.S area
hmm I'll be curious to read it we don't
[52:50]
even talk about it yeah so let's grab
the email
[52:55]
Thank You Phillip all right and I'll
just say I agree with Mark that the um
[53:02]
charts that are provided really clarify
a lot so I don't know who did all these
[53:08]
charts Wes but
the charts are good yes
[53:13]
well specifically Define you know better
definition between permanent and
[53:17]
temporary
that's what I got out of it
[53:22]
or temporary permanence huh
the uh
[53:26]
how does this handle grandfather like if
there's a current house sign that is
[53:30]
greater than the square footage listed
West I'm really asking you where did
[53:34]
West go he's hiding behind me I can't
see him
[53:42]
were you asking is there a grandfather I
mean if somebody's in non-compliance
[53:46]
once this is adopted what's going to
happen to them well we looked at
[53:51]
um an amortization period okay um but
that would have involved according Mr
[53:55]
Gallup
um we would have had to had appraisers
[53:58]
appraisals done
and to see if the town's interest
[54:04]
outweighs the value
um we didn't pursue that much further
[54:10]
um but
um I would say that um
[54:14]
when this becomes effective that it may
create some non-conformities okay
[54:19]
enforcement will be as it always is
primarily complaints Persona yes ma'am
[54:24]
has been primarily complaint driven
well keep us posted we need to adjust
[54:29]
the size yeah what's on you adjusting
I've got a couple in mind
[54:33]
[Laughter]
yes sir you'll see them
[54:39]
I'm not even complainer
[54:43]
thank you Wes yes sir
anybody else have any comments or
[54:47]
questions
[54:50]
Council I need to ask for a motion to
approve ZTA 2108 as presented
[54:57]
so much second second
any further discussion
[55:04]
all those in favor all right
opposed finally
[55:09]
carries five to zero thank you yay
[55:15]
you won't have to be a collecting
political songs we're up to
[55:19]
um number eight
um
[55:22]
public hearings ETA 2210
[55:27]
page 40 in your books Council and I
believe
[55:32]
I'm going to hand this over to our town
attorney Philip today
[55:37]
[Music]
22-10 and applications today
[55:44]
section 36
207c or 11 and again about your
[55:49]
transcripts
[55:53]
thank you
thanks thank you sir
[55:57]
um next item is zta-22-10
[56:01]
um on June 7th you all recall that you
adopted zta-2206
[56:06]
which addressed mixed-use group
development of commercial and
[56:11]
residential buildings
um when that was adopted and prior to
[56:16]
that recommended by the planning board
it Incorporated the dimensional
[56:20]
requirements for the seed General
commercial zoning District
[56:25]
when that was done the language that was
recommended by the board and ultimately
[56:29]
adopted by Council
36-207 c11i addresses Building height
[56:36]
and it comes from the building height
requirements in the c commercial C
[56:41]
General commercial District
the building height requirements in the
[56:44]
city General commercial District are the
same in every other zoning District
[56:49]
um and
somehow someway a sentence was left out
[56:54]
of that building height requirement
there are two sentences to it and I'll
[56:57]
just read it uh maximum what was adopted
was at maximum Building height should be
[57:02]
35 feet measured from the average of the
existing undisturbed grade at the corn
[57:06]
at the building corners
there's another sentence that was left
[57:09]
out if the average of the existing
undisturbed rate at the corners of the
[57:13]
building is less than eight feet above
mean sea level the maximum Building
[57:17]
height may be measured from up to eight
feet above main sea level
[57:21]
so therefore uh Town staff believes that
omitting that second sentence was an
[57:26]
oversight should have been included in
the requirements and should have been
[57:30]
adopted when it originally went through
um the town planning board agreed
[57:35]
and they adopted the uh what they
recommended approval of the ZTA at the
[57:39]
September 19th meeting
[57:45]
foreign
so this isn't changing anything it's
[57:51]
just keeping it consistent this is well
it's it's changing
[57:56]
C 11 is changing the items
um in 36-207 C11 there are items a
[58:05]
through I think l or M and this is
changing I this is inserting that second
[58:11]
sentence that was left out right but so
to speak it's not anything new it's what
[58:16]
is carrying forward what already applies
everywhere else in the town so it's just
[58:21]
a defined actually defining it in the
ZTA it is yes sir it's putting the
[58:26]
dimensional requirement in the
requirements for this specific use which
[58:30]
is mixed-use group development of
commercial and residential buildings
[58:33]
which a couple of y'all have had
questions and concerns about initially
[58:37]
anyway well here we are but that was my
question did you explore just getting
[58:42]
rid of the dimensional requirements out
of the new schedule
[58:45]
out of the what schedule out of this
youth schedule that they were added to
[58:48]
in this case we felt that we would just
I got you add the my other missing
[58:54]
sentence
I bear responsibility for this I should
[58:57]
have fought harder in June we wouldn't
be here right
[59:02]
okay
[59:08]
any other questions
[59:14]
I have one other question the uh I'm
imagining that you went through all the
[59:18]
other dimensional requirements that were
added and make sure there wasn't
[59:21]
anything excerpted from that from there
yes sir this is as far as I can tell
[59:24]
this is the only missing this is the
only thing that's inconsistent yes sir
[59:28]
thank you
[59:33]
hearing no one here to speak or how
close the public hearing Thank You
[59:37]
Phillip
Council any uh further discussion on ZTA
[59:41]
22-10 as presented
I would like to make a motion to adopt
[59:47]
ZTA 22-10 as approved by the planning
board and presented by Town staff thank
[59:52]
you can I hear a second we have a second
any other discussion questions all those
[59:58]
in favor opposed
ZTA 2210 passes thank you very much
[1:00:04]
next on our agenda is number nine
consideration of RFQ for Trinity Juniper
[1:00:11]
Bridge page 46.
in your books
[1:00:17]
at your last meeting you heard a
presentation from Kimberly horn you'd
[1:00:22]
ask them to evaluate three alternatives
to replace the Culvert set it on
[1:00:28]
alternative to which is a chord slab
bridge and at at your last meeting you
[1:00:33]
asked us to come back with an RFQ so we
could start soliciting for an engineer
[1:00:39]
to design the bridge and so that's what
this is I'll just point out a few things
[1:00:44]
in the description of the project it
reads the town is Seeking a qualified
[1:00:48]
firm capable of providing planning and
Design Services for a cord slab bridge
[1:00:53]
for the Juniper paternity Trail bridge
replacement project the work will
[1:00:57]
include but not limited to hydraulic
design geotechnical investigations with
[1:01:03]
Foundation recommendations location and
surveys erosion control plans roadway
[1:01:07]
design structure design preparation of
permit application preparation and
[1:01:12]
planning Document Preparation of
Construction contract proposals and
[1:01:16]
estimate in utility conflicts so I hope
we've captured everything there it one
[1:01:24]
note we need to ask for correction at
the bottom of page 47 you'll see that uh
[1:01:29]
it's listed uh prior to submitting a
letter of interest that should be prior
[1:01:34]
to submitting an RFQ
um
[1:01:38]
and then over on the next page number
three the statement of qualifications
[1:01:44]
when it's due if if you all are
comfortable with this we would uh get
[1:01:49]
this out as soon as tomorrow and we
would uh recommend at least 30 days for
[1:01:55]
firms to respond and so we would fill
that blank in with all qualifications
[1:02:00]
packages must be received by 2 pm
November 5th
[1:02:05]
uh 22.
number four lists kind of some of the
[1:02:10]
contents of the soq and how we're going
to be evaluating these and the the
[1:02:15]
evaluation team will be myself the town
engineer the Public Works director and
[1:02:21]
the deputy Town manager
um so
[1:02:25]
trying to really hone in on someone's
capability we've asked for a list of
[1:02:29]
projects performed in the last 10 years
which indicate experience with the scope
[1:02:33]
of work we've asked them to include
pictures of finished projects and note
[1:02:38]
any projects in residential settings
uh letter e under that we've just uh
[1:02:44]
asked them to describe in detail the
firms or persons experience in cord slab
[1:02:49]
bridge design
uh so the other thing that I would most
[1:02:54]
of its boilerplate the other the other
part that I would bring your attention
[1:02:58]
to is uh under number seven the proposed
schedule again if you're comfortable
[1:03:03]
with this and we can issue it we would
uh issue this as early as tomorrow that
[1:03:08]
next line can be just struck through
there's no deadline there's no letter of
[1:03:12]
interest you can strike through that
uh we would give them uh until October
[1:03:18]
21st for any questions that they have uh
and give us give ourselves a week to
[1:03:23]
respond to that so October 21st would be
the deadline for questions October 28th
[1:03:28]
would be our deadline
um to respond and the deadline to submit
[1:03:33]
would be November 5th
[1:03:37]
we'll advertise this locally we'll
advertise it I've been speaking with the
[1:03:41]
town engineer there's a similar project
going on in Elizabeth City right now I
[1:03:45]
mean almost the exact same size less
residential but so we'll put this in the
[1:03:49]
Daily Advance in Virginia pilot in hopes
of trying to get some widespread
[1:03:55]
recognition
um
[1:03:59]
so any questions
[1:04:04]
what would what would be our uh
[1:04:10]
if we don't excuse me let me restart if
we don't get
[1:04:14]
the interest that we think we should be
getting what was what is our plan B so
[1:04:18]
to speak we could if we don't feel as
though we have something we could
[1:04:22]
recommend to you we could resubmit do it
again right okay
[1:04:26]
um do you have to come back for us to us
to approve that or can you just do that
[1:04:31]
I think
I don't think she can do that the plan
[1:04:34]
would be if we if we do get someone
qualified and we can make a
[1:04:38]
recommendation to you we'd make that at
your December meeting uh and give you
[1:04:43]
the reasons why I give you the score
this is how we rank them this is why
[1:04:46]
we're recommending this firm uh and then
you know you can ask questions and see
[1:04:50]
if you're comfortable with who we
recommend okay
[1:04:54]
um and even if that mean you may decide
no uh and we go back out okay okay
[1:05:02]
thank you
anybody want to ask questions
[1:05:07]
does uh the people we had handling
provide for or they would they be one of
[1:05:12]
the bidders can we horn would they be
one of the yes sir I'm confident they'll
[1:05:17]
they'll submit okay
[1:05:21]
they have a head start
yeah
[1:05:25]
do you you mentioned the project in
Elizabeth City do you happen to know the
[1:05:29]
firm that got the I don't okay I just
called Providence Road
[1:05:34]
foreign
[1:05:40]
[Music]
all right so we need a motion to approve
[1:05:45]
the RFQ professional Engineering
Services planning and Design Services
[1:05:50]
got a second second
any more discussion
[1:05:56]
hearing none all those in favor
aye aye opposed
[1:06:00]
motion carries thank you Cliff thank you
[1:06:08]
number 10
we're into double digits tonight
[1:06:13]
for agenda items
um consideration of proposals Gene got
[1:06:16]
Trail drainage Improvement project it's
page 52 Council in your book
[1:06:21]
Cliff yes uh we last Thursday we opened
the bids for this project we only
[1:06:26]
received two bids uh Envirotech and Fred
Smith Company and there's a pretty big
[1:06:32]
difference between the two
the town engineer his estimates are
[1:06:37]
right in line with the low bid of Enviro
Envirotech for 38
[1:06:44]
599.69
we're asking for you all to approve that
[1:06:50]
the budget amendment that's associated
with this for the project on Gene guide
[1:06:55]
that's going to lower the ground water
and make some capacity for rain water so
[1:07:02]
if you approve this we're asking you to
approve the budget amendment the funds
[1:07:06]
would come out of the out of fund
balance
[1:07:08]
and uh we can get
get started on a contract hopefully have
[1:07:13]
this done
by the end of the year
[1:07:17]
was there any I mean there was a
tremendous spread
[1:07:22]
between uh between the two was there any
reasoning from your point that
[1:07:27]
the
um for that difference I mean that's a
[1:07:31]
pretty big one I think I think Fred
Smith who who was they were came in at
[1:07:36]
101 000 I think they're probably
loaded up with work and to fit this into
[1:07:43]
their schedule you know it was going to
be costly you know
[1:07:47]
um I think that the Fred Smith wants to
stay engaged with the town
[1:07:51]
um and I I think they want to for us to
see their interest but for a project
[1:07:56]
like this I think they're probably doing
bigger projects
[1:08:01]
um
larger projects that maybe Envirotech
[1:08:05]
can concentrate more as the work low the
capacity to be able to do this
[1:08:10]
but I just don't think Fred Smith was
interested in doing this job yeah that's
[1:08:14]
that's what it sounds like but I didn't
know if there was any other element in
[1:08:18]
there environment Tech have they had
experience of doing this kind of work
[1:08:22]
yes sir this is this is what they that's
what they do I'm not familiar with them
[1:08:26]
the part that I know of them
[1:08:31]
any other questions for cliff
[1:08:36]
project going
need a motion to approve budget
[1:08:39]
management Amendment awarding Gene guide
stormwater project to the lowest
[1:08:42]
qualified bidder so moved second okay
any further discussion
[1:08:50]
all those in favor
opposed
[1:08:54]
hearing none motion carries
thank you very much
[1:09:00]
um general public comment when anyone
liked a comment that hasn't signed up if
[1:09:07]
something struck if somebody wanted to
talk oh Cliff wants to back up real
[1:09:11]
quick yeah I'm not sure how to do this
procedurally but the the motion you just
[1:09:16]
made I don't think it included the
budget amendment Oh I thought I did
[1:09:19]
budget amendment number 15. most YouTube
budget member oh I didn't do the number
[1:09:24]
sorry
[1:09:27]
number 15. second second all in favor
all right thank you thank you okay sorry
[1:09:36]
now public comment
anything pop into anyone's head while
[1:09:41]
they were sitting there
okay uh Council
[1:09:46]
business
[1:09:49]
um
our next
[1:09:52]
regular meeting is
[1:09:56]
November Tuesday November
well I can move it one way
[1:10:02]
let's see because that's Election Day
election day isn't it yeah
[1:10:07]
tuition never versus not Election Day
election day is Tuesday November 8th
[1:10:12]
yeah
[1:10:15]
um so our next scheduled council meeting
is November the 1st
[1:10:20]
because we don't have a second meeting
in October is that correct Cliff okay
[1:10:27]
um and we did hear and I'll we'll talk
about some more the opportunity for us
[1:10:31]
to get together on the 15th uh for the
kickoff for the land use planning and uh
[1:10:36]
looks like I'm seeing some nodding heads
like people are going to try to make
[1:10:39]
some room on their calendars for that so
that's wonderful appreciate that that's
[1:10:42]
kind of short notice but
um I'm excited to get The Landings Plan
[1:10:46]
update process kicked off
um
[1:10:52]
see
individuals business Matt did you want
[1:10:55]
to start us off tonight I don't usually
have much business thank you all for
[1:11:01]
coming okay Paula
um I'm gonna just I'm sure the talent
[1:11:06]
attorney is going to keep all of us
apprised of those oral arguments but I
[1:11:10]
unless there's some prohibitions about
attending I may be interested in
[1:11:16]
attending those yes ma'am the only
prohibition that we've been experiencing
[1:11:20]
poor circuit is they are really tight on
code that's what I thought I was asking
[1:11:25]
a friend of mine who was arguing there
recently why that was with count so low
[1:11:31]
and there
explanation at least at the fourth
[1:11:35]
circuit was that they've had people out
with covet and they're more worried
[1:11:39]
about having to close the court down
because people aren't able to come to
[1:11:41]
work so but I'm not saying that you
can't get in
[1:11:45]
um because technically you'd be a client
that's true so
[1:11:51]
okay
do they require like a negative test
[1:11:55]
before entry or is it just masking and I
think they've required negative testing
[1:12:00]
and masking okay when my friend was
arguing a couple weeks ago that's always
[1:12:04]
a change okay where's the courthouse
located in Richmond
[1:12:09]
okay
[1:12:12]
okay
Mark I don't have anything okay Leah
[1:12:16]
I'll give you an update on tourism board
and meals and occupancy
[1:12:21]
uh meals for the month of July is up uh
9.2 percent
[1:12:27]
current here to date is up 6.4 percent
uh comparing to the same period back in
[1:12:34]
uh 2019 that number's up 29 percent
the occupancy Collections and then this
[1:12:42]
is what's really interesting
it's the first time that they've
[1:12:46]
exceeded 200 000 or 200 million in a
month
[1:12:50]
uh
the uh July was up 27 uh percent Uh
[1:12:57]
current year date was up uh almost 13
percent
[1:13:01]
but going it was going back to July of
19. it's up 84 but you got to someone to
[1:13:10]
keep in mind there's a little bit uh
price increase in there too that is
[1:13:16]
impacting it uh somewhat don't know how
much
[1:13:19]
but that's a clarification so even
though it sounds good I think somebody's
[1:13:24]
paying a little more than they used to
is there any desire to try to figure it
[1:13:27]
out how much the cost increases
heads on the beach versus
[1:13:33]
that has been I know uh Lee has brought
it up but we haven't had any
[1:13:38]
it's hard thing to come by I think uh
it's what I've we've been told not not
[1:13:45]
that it hasn't been on the radar screen
yeah
[1:13:48]
and one other thing if you will mark
your calendars for November 11th that is
[1:13:54]
Veterans Day
uh the Knights of Columbus and the town
[1:13:58]
are collaborating to have a Veterans Day
program again starts at 11 o'clock
[1:14:05]
it's 11 11.
so um you'll see somewhat a little
[1:14:10]
different in the night's uniform
uh
[1:14:16]
no longer are we allowed to wear the uh
regalia we used to wear
[1:14:21]
and if we are found using it we get
disciplined so we are not able to do it
[1:14:27]
in the new uniform
looks more like the Green Beret one so
[1:14:33]
there's a little don't want to put all
the dirty laundry out there on the lawn
[1:14:41]
I'm gonna google it now yeah you can
Google it and I've had and personally
[1:14:46]
I've introduced resolutions and uh
they never along with a bunch of others
[1:14:51]
in the state and we didn't get too far
so but anyhow don't let that uh
[1:14:57]
be a deterrent we are going to we'll
adapt so um anyhow
[1:15:04]
put it on your calendar and love to see
you there to honor our uh our veterans
[1:15:09]
on Veterans Day
that's all I got thanks Leo yeah the
[1:15:13]
Veterans Day ceremony is very special
I'm glad that we do something here in
[1:15:16]
town I want to thank everyone for coming
tonight
[1:15:20]
um
as Matt already said good to see you all
[1:15:23]
here
um and we will call this meeting to
[1:15:26]
adjourn thank you thank you