[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