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[4:49]
All right, let's stand and say the
[4:51]
pledge.
[4:53]
I pledge algiance to the flag of the
[4:56]
United States of America and to the
[4:59]
republic for which it stands, one nation
[5:02]
under God, indivisible, liberty and
[5:04]
justice for all.
[5:11]
right, good to see everybody out
[5:12]
here.
[5:14]
Uh, when everybody gets called up, we
[5:17]
need approval of the agenda, please. And
[5:19]
I'd like to make a couple changes
[5:23]
on our quarterly update to get these
[5:24]
guys out of here a little bit quicker.
[5:26]
Let's switch A and B on our regular
[5:28]
agenda.
[5:30]
Then F we need to add uh to amend
[5:34]
2026-20
[5:37]
and then G will be adopt 2026-28
[5:42]
and that'll make more sense when we get
[5:43]
into it. It was some stuff we had in the
[5:46]
consent and we're dragging it back down
[5:47]
here to work on a bit.
[5:50]
>> So I make a motion to approve the agenda
[5:52]
with the modifications.
[5:53]
>> Thank you Brian. Second.
[5:54]
>> I'll second it.
[5:55]
>> Thank you Sandra. Any more discussion on
[5:57]
this agenda
[5:59]
hearing? None. All in favor? I. Any
[6:02]
opposed? Hear none. Uh got call for
[6:06]
public comment. Uh Mr. Schmidt, you're
[6:09]
up.
[6:13]
» Uh I don't have much to say tonight. I
[6:15]
just uh I didn't have time to prepare
[6:18]
anything. So it's on Muaness. I was at a
[6:20]
lawyer's house uh meeting today. Anyhow,
[6:24]
my main thing is I appreciate this three
[6:26]
minutes of time that you give us all to
[6:29]
speak our grievances or to say whatever
[6:31]
or even to uh applaud what you're doing,
[6:34]
right?
[6:36]
The only problem is that that's a good
[6:38]
democratic sort of thing, but it's not
[6:40]
100%. What we really need here is we
[6:43]
really need you guys to be accountable
[6:45]
to us and and we should be able to ask
[6:48]
you guys a question. One question,
[6:51]
that's all.
[6:52]
one question per person per occurrence
[6:56]
and get an answer. I asked you guys a
[6:58]
question last time. I want to know who
[7:02]
was responsible for taking a
[7:06]
planning thing from reszoning a little
[7:09]
bit of 280 and some changes in the
[7:12]
nomenclature to all of a sudden this big
[7:15]
uh UDO pro program that we got now that
[7:18]
we paid $200,000 for. who made that
[7:22]
decision to go from something that was
[7:25]
small and microscopic and approved by
[7:28]
the state
[7:30]
and all of a sudden it becomes this big
[7:32]
program that we're spending all this
[7:34]
money on and the state says no because
[7:36]
you we didn't grant you that.
[7:39]
Somebody made that decision. I want to
[7:42]
know who who did that. I want to know
[7:44]
who's responsible for wasting that money
[7:46]
because it's a waste of money. We're not
[7:48]
going to use Yeah. We we cobble some use
[7:51]
out of it after post after the the
[7:54]
destruction,
[7:56]
but we as taxpayers are not getting
[7:59]
value for our money there. And we ought
[8:01]
to know who was responsible for doing
[8:04]
that. That person should be accountable
[8:05]
to us, whether it be a counselor or one
[8:09]
of the staff who. And I I found a very
[8:12]
interesting law that entitles me to know
[8:16]
who that is. There's a law on the books
[8:19]
in the constitution. This section 18
[8:22]
USC subsection 242. It's called the
[8:26]
deprivation of rights under the color of
[8:28]
law. And if I can kind of put it in my
[8:31]
words for you, it means that you as
[8:34]
officials do not have the right to deny
[8:39]
me my constitutional right of knowing
[8:42]
who is doing what under my name.
[8:47]
and can be in prison for that. So, I
[8:50]
want an answer to my question by next
[8:52]
meeting. You can write me got my
[8:54]
address. I'll write you an official
[8:57]
letter if you'd like asking it. I want
[8:59]
that information.
[9:01]
Yeah. And I would like you to look at
[9:03]
your agenda and try to adapt it so that
[9:05]
you can put a question and answer
[9:07]
period. Just maybe one question. Add
[9:09]
another minute to the three minutes. Do
[9:12]
it. Let's get a democratic process going
[9:15]
here where you guys have got to be
[9:17]
accountable.
[9:18]
>> Thank you, Mr. Smith.
[9:21]
Okay. Anybody else pro comment? That's
[9:24]
the only one I had wrote down. Anybody
[9:26]
else? Going once, twice, three times.
[9:28]
Okay. Uh council comments.
[9:34]
Anybody?
[9:37]
Anybody?
[9:41]
Uh,
[9:42]
so
[9:44]
I know public comment,
[9:48]
you know,
[9:51]
is that even a possibility after hearing
[9:54]
that? I mean, you know, somehow we need
[9:58]
to address some of these things as they
[10:00]
come. you know, some bigger than others,
[10:03]
but can somebody this week somehow get
[10:06]
him an official email to try to answer
[10:10]
that?
[10:12]
>> Yes, sir. Absolutely.
[10:13]
>> I think I mean I think somebody needs to
[10:15]
reach out to him.
[10:16]
>> Okay. Yes, sir.
[10:17]
>> Let us know if you would.
[10:22]
the um to the question about public
[10:25]
comment the um typically from the public
[10:28]
comment period questions are asked then
[10:30]
moving into council comments that's an
[10:32]
opportunity for council to respond okay
[10:34]
to any type of public comment that they
[10:36]
may wish or provide any other comments
[10:37]
that they may wish um at that time um
[10:40]
but yes absolutely we're happy to reach
[10:41]
out and uh see if we can assist with his
[10:44]
questions
[10:44]
>> okay and I think it'd be if it's all
[10:46]
right with you would it be okay for all
[10:48]
the council to get copied in on Yeah,
[10:51]
>> sure.
[10:51]
>> Yeah, thank you.
[10:54]
>> Yeah, typically during the the public
[10:57]
comment, we don't want to get into a
[10:59]
back and forth.
[11:00]
>> I understand.
[11:01]
>> Yeah.
[11:01]
>> One question.
[11:03]
>> Yes, sir. And we've all got emails.
[11:05]
You're more than welcome to email us at
[11:07]
any time. I'll be glad to respond and um
[11:11]
you just anytime. Um and and feel free
[11:15]
to hold us accountable at election time.
[11:17]
>> I'm coming up in two years. I'll hug
[11:20]
your neck, you know,
[11:21]
>> but it's too late for the damage that's
[11:23]
getting done. That's what
[11:26]
>> and that's and you know that's you're
[11:29]
certainly welcome to your opinion and
[11:32]
>> thank you.
[11:35]
>> Anyone else? Anyone? You all good?
[11:40]
>> Major updates.
[11:52]
Thank you, Mayor and Council. Just a few
[11:54]
updates for you. First of all, you may
[11:56]
have seen that uh the fencing around the
[11:59]
North Loop, especially the Meadow area,
[12:01]
has been taken down. Um it's a lot of
[12:04]
work that's been put into making sure
[12:06]
that the North Loop is back in in
[12:09]
preheline conditions. And so right now
[12:12]
the full loop, the full north loop is
[12:14]
open and available for all uh park
[12:16]
patrons to come out and enjoy again. So
[12:19]
we were, you know, we've been sitting
[12:21]
around really trying to work as fast as
[12:23]
possible to make that happen for the
[12:25]
community and we're very thankful that
[12:26]
we're able to do it before the end of
[12:28]
the summer this year. There are going to
[12:30]
be some closures from time to time as we
[12:33]
still work through it. Well, we've we've
[12:35]
accomplished what's called substantial
[12:37]
completion of the construction project,
[12:39]
but there's going to still be some
[12:40]
projects that happen from time to time
[12:42]
back there. As you may see, there's
[12:44]
still some areas that are fenced off in
[12:45]
the middle of the meadow area because
[12:47]
there's a retention pond in there,
[12:49]
sediment uh retention pond, and other
[12:51]
elements that are going to have to be
[12:53]
worked on as we finalize the project.
[12:55]
But for all intents and purposes, we
[12:56]
really want people to come out and enjoy
[12:58]
being able to get access to the river
[13:00]
again and be able to exercise and
[13:02]
recreate back there. And I really want
[13:03]
to thank the staff for all of their hard
[13:05]
work in making that happen. It took a
[13:07]
lot of lot of effort. The uh another
[13:10]
item, the baseball field. Again, I'm
[13:12]
kind of getting ahead of myself a little
[13:13]
bit. We're going to have a major
[13:14]
projects update here in in a few
[13:16]
minutes. Uh but also, we've we've done a
[13:19]
walk through for the baseball field
[13:21]
project as well. So, we're going into
[13:23]
the closeout process of that. So,
[13:25]
there's still going to be some temporary
[13:26]
fencing there as well as we try to get
[13:28]
some, uh, grass growing in that back
[13:31]
area where that French drain is put in,
[13:33]
but uh, for all intents and purposes,
[13:36]
again, being able to open that, being
[13:37]
able to utilize that soon. Uh, just keep
[13:40]
an eye out for, we're going to keep
[13:41]
updates on social media, on our website,
[13:43]
etc. about uh, any potential closures
[13:46]
around that as well. Last, everyone's
[13:48]
favorite topic, auditing. Uh if Kristen
[13:53]
back there, our tax collector would say
[13:54]
taxes are everybody's favorite uh uh uh
[13:57]
topic, but we're right now in the middle
[13:59]
of the audit process. We had the
[14:01]
auditors uh on site last week. I believe
[14:05]
it was last week. Yes. And so um they've
[14:07]
concluded their on-site inspections and
[14:09]
so now they're in the process um of you
[14:12]
know all the other work that is
[14:13]
necessary. They're still on schedule.
[14:15]
We're still expecting them to come in
[14:17]
November uh to present to you. So, and
[14:20]
that concludes my remarks.
[14:21]
>> Great.
[14:24]
Moving on with our consent agenda. We
[14:27]
really didn't pull anything. We had to
[14:28]
set aside any other time. Okay.
[14:30]
>> So, I entertain a motion to approve our
[14:33]
consent agenda.
[14:34]
>> I'll make a motion that we approve the
[14:36]
consent agenda.
[14:37]
>> Thank you, Sandra. Second.
[14:38]
>> All right. Second. Any more discussion
[14:40]
on this consent agenda?
[14:43]
>> Hearing none. All in favor? I. Any
[14:46]
opposed?
[14:48]
Hearing none. All right, regular agenda.
[14:50]
We've moved up our quarterly uh fourth
[14:53]
quarter presentation. I guess our
[14:55]
manager will get us started.
[14:56]
>> Yeah, thank you, mayor and council. So,
[14:58]
first I would like to introduce the
[15:00]
Mills River Fire and Rescue's new fire
[15:02]
chief, Bart Travis. I'm going to call
[15:04]
him up here uh to the podium. I just
[15:07]
wanted to in in addition to providing an
[15:10]
update for us, I really just wanted to
[15:11]
introduce him uh you know to council and
[15:14]
to the community. really want to thank
[15:15]
you uh for all the hard work you've been
[15:17]
doing over there and for just the work
[15:19]
in the last few weeks that we've been
[15:21]
working together. It's been really a
[15:23]
great transition so far.
[15:25]
>> Thank you uh for that. Uh thank you for
[15:27]
having me uh uh meeting. So I am 24 days
[15:31]
in to my new assignment. Um and it has
[15:33]
been fantastic so far. Uh everybody
[15:35]
we've met uh from town staff has been
[15:38]
super nice, super helpful. um community
[15:41]
has been very uh open and encouraging
[15:44]
and my wife and I are just thrilled to
[15:46]
be here. Uh so if you ever need anything
[15:48]
from the fire department aspect um
[15:50]
please get up with me uh or the uh um
[15:54]
town manager and we'll make that happen.
[15:56]
Um but all of our interactions have been
[15:58]
great. Um as far as the uh fire
[16:01]
department is concerned um we have uh
[16:03]
finalized a new building in station two.
[16:07]
Um we are working on getting the
[16:09]
financing finalized for that and we have
[16:11]
a special meeting tomorrow to address
[16:13]
that but we think we have all that in
[16:16]
place and hopefully we'll get
[16:17]
construction started uh within the next
[16:19]
month. Um they have told us once it
[16:21]
starts it'll be about 12 months uh
[16:24]
completion uh depending on the weather.
[16:26]
Um people tell me it kind of rains here
[16:28]
every now and then. So we'll see we'll
[16:30]
see how that happens. But uh everything
[16:32]
looks really good with that. We're
[16:33]
really happy with that. Um the month of
[16:36]
September and October are pretty busy
[16:38]
months. We've got fire prevention
[16:40]
starting first week in October and the
[16:42]
theme for that is uh charge into fire
[16:44]
safety. Um and the idea behind it is the
[16:49]
uh storage use and charging of lithium ion batteries uh to prevent
[16:54]
those type of fires. Um so there's going
[16:56]
to be a lot of information coming out
[16:57]
about that. We'll be posting that on the
[16:59]
website uh and getting that out as many
[17:01]
folks as possible. Um we have uh I think
[17:04]
four tours scheduled at the station in
[17:06]
September uh with diff different groups.
[17:09]
Um so we'll be working with that. So if
[17:11]
you would like to come by and speak to
[17:13]
me anytime, please feel free. Uh I'm
[17:15]
usually there Monday through Friday. Um
[17:18]
they didn't tell me going in. They told
[17:19]
me going in I was only have to work
[17:20]
Monday through Friday, but I've worked
[17:22]
every Saturday and Sunday that I've been
[17:23]
here uh because of calls and stuff. But
[17:25]
it's been fun. Uh it's been very
[17:27]
encouraging. Um do you have any
[17:29]
questions for me directly about
[17:30]
anything?
[17:32]
What? Just glad to have you. Yes, sir.
[17:34]
>> Glad to be here. Another logistical
[17:37]
thing, uh we have uh two engines and a
[17:40]
tanker uh that are in the works. We
[17:43]
should have the tanker before the first
[17:44]
of the year, the new engine supposedly
[17:47]
right after the first of the year, and
[17:48]
then the second engine, which would be
[17:50]
the engine that replaced the engine lost
[17:52]
in station two fire this time next year.
[17:55]
So, keep your fingers crossed on that.
[17:57]
But, uh everything we've got now is
[17:58]
working in good shape. And if you need
[18:00]
anything, just let me know.
[18:02]
>> I'm good. You ever been involved in
[18:03]
being a sanator before?
[18:04]
>> A sanator?
[18:05]
>> No, [clears throat] sir.
[18:06]
>> You're getting ready to
[18:07]
>> I'm getting ready [laughter]
[18:09]
for a real mother.
[18:10]
>> Look at Look at Brian. He's like, "Dude,
[18:13]
what?"
[18:14]
>> And there's there's room for our town
[18:15]
attorney. Legit.
[18:18]
>> It's legit.
[18:20]
>> I'll leave it. It'll be a big surprise.
[18:21]
>> Okay. [laughter]
[18:27]
the co get you all. Okay.
[18:30]
>> Yeah. Yeah. This is exciting.
[18:32]
>> Okay. Good.
[18:32]
>> Need to plan a day for it.
[18:34]
>> Perfect.
[18:35]
>> It'll make you glad you moved here.
[18:36]
>> It will.
[18:37]
>> Well, we already are. So, I can't wait
[18:38]
to see what this is.
[18:40]
>> It's interesting.
[18:42]
>> Thank you.
[18:42]
>> I believe our town attorney's invited to
[18:44]
it.
[18:45]
>> Yeah. Oh, absolutely. It might be the
[18:46]
new Santa Claus.
[18:47]
>> Say we can find an outfit.
[18:48]
>> I might I might skip until I know what
[18:50]
it is. [laughter]
[18:53]
>> That's right. That's right. the suit.
[18:56]
>> He's got smile for it. He pull it off.
[18:59]
>> The beard.
[19:00]
>> You don't need one for Mr. Chris.
[19:03]
>> Thank you, Chief. I appreciate that. I
[19:05]
also want to call up uh our friends over
[19:07]
at the Henderson County Sheriff's
[19:09]
Office. Uh Captain Whitaker is joining
[19:11]
us here to provide us an update as well
[19:13]
over the last few months and also uh
[19:15]
other things we need to be looking
[19:16]
forward to in the fall.
[19:19]
>> Good evening. Hope everyone's doing
[19:20]
well. Uh sheriff's office, we've been
[19:23]
pretty busy. Uh the calls that we've had
[19:25]
in the Mills River area, we had last
[19:28]
three months. Um 2,29 calls. We made 30
[19:33]
arrest. We had 265 traffic stops and we
[19:36]
issued 19 citations. Some of the traffic
[19:39]
stops and arrest were coincided and some
[19:43]
war services. Uh some upcoming events um
[19:47]
if y'all don't know about them is of
[19:49]
course the apple festival's coming up.
[19:51]
Um state fair will be here soon and PGA
[19:54]
tournament here. So I think we're going
[19:56]
to have a not really Henderson County is
[19:59]
going to have some traffic challenges,
[20:00]
but y'all might get it coming off of 191
[20:04]
there. So we'll need to keep an eye on
[20:06]
that. Um,
[20:10]
we have permanent, if y'all don't
[20:12]
already know, we have permanent
[20:14]
medication disposal dropboxes. That's
[20:15]
where everybody takes their old
[20:17]
medicines that they don't use, drop in
[20:18]
the box. We have it in four locations at
[20:21]
the sheriff's office, Flesher PD,
[20:23]
Inville Police Department, and Laurel
[20:25]
Park. Um, we've had some requests to
[20:27]
have them put somewhere other than uh
[20:31]
law enforcement buildings, but we we we
[20:33]
don't we try not to do that. So, um, but
[20:36]
those are those are located there for
[20:38]
everybody to use. Um, there will be a
[20:42]
medication tape back and document
[20:44]
shredding. If somebody has a bunch of
[20:46]
papers they need to shred will be at EDA
[20:48]
United Community Bank, that's 50 United
[20:51]
Bank Drive in Edeto on Wednesday,
[20:54]
September 30th, 2026 from 1:00 to 3:00
[20:58]
p.m.
[21:01]
Um, and that's that's about it. Any
[21:04]
questions or I know got Captain Galloway
[21:07]
here in case there's any questions about
[21:10]
anything
[21:11]
>> anything
[21:14]
we need to be watching for. Anything
[21:16]
changed as far as the type of crimes or
[21:18]
anything?
[21:19]
>> Scams are my phone is blowing up this
[21:21]
week with scams, but that's the biggest
[21:23]
thing.
[21:24]
>> Um
[21:26]
I don't know what the trending scam is.
[21:27]
Do you know what the the newest?
[21:30]
>> There's three or four. I've been getting
[21:32]
that one about TransUnion Equifax on my
[21:35]
phone. My wife got one today for
[21:38]
Facebook. So, just be aware.
[21:41]
>> Yeah, just be aware.
[21:43]
>> Yeah, federal federal um federal agents
[21:47]
or you miss jury or some stuff like
[21:51]
that. So, just be aware. It's a We've
[21:54]
had quite a few reports this past month
[21:56]
being scanned. All right.
[21:59]
>> Thanks, sir. appreciation bunch always.
[22:06]
» Thank you, gentlemen. Uh so I'm going to
[22:08]
turn it over now for Julie to uh jump in
[22:12]
here with the financial update. So just
[22:15]
as a reminder, they we're we we start
[22:17]
with the financial analysis and then go
[22:19]
into major projects and initiatives. Uh
[22:20]
obviously we've just gone through the
[22:22]
public safety partner updates as well.
[22:24]
And so Julie, if you want to drive the
[22:27]
train, I'll click for you.
[22:30]
Good evening, council. It's my privilege
[22:32]
to present tonight's report to you for
[22:34]
the quarter ending June 30, 2026.
[22:38]
Uh just a couple things that we want to
[22:39]
bring to your attention. At the close of
[22:42]
June 30th, fiscal year end, property tax
[22:46]
collections were at 99.68%.
[22:49]
Um total outstanding as of June 30 for
[22:54]
the most recent uh property tax year was
[22:58]
$14,29.
[23:00]
Total collection outstanding for all
[23:02]
years is 58,502.
[23:08]
um wanted to uh let you know kind of
[23:11]
where we stood as of the end of the year
[23:13]
as it relates to our re our revenues and
[23:16]
those compared to what we had budgeted
[23:19]
um the sales tax revenues that you see
[23:22]
here um there is still one more um
[23:25]
dispersement that gets acred back to
[23:28]
June 30 because it runs three months in
[23:30]
a readers. So, um, with the 11 months
[23:34]
that we have presented here, it's at 2.1
[23:38]
million. We budgeted to 2,ion44,000.
[23:42]
Um, the average collection for Mills
[23:45]
River per month is about $150,000. So,
[23:49]
we should see about another 155 $160,000
[23:53]
added to that line item for June 30. Um,
[23:57]
all the other line items you can see
[23:58]
there, the grants were at 100%, power
[24:01]
bill was at 100%. Our miscellaneous
[24:04]
revenues were up slightly over our
[24:06]
budget because the revenues for those
[24:09]
River Day sponsorships was up as well as
[24:12]
the vendors for that event. Um, we
[24:16]
actually actually also had 66,000 in
[24:19]
park revenues. Um so that is a makes it
[24:23]
167% of what we had budgeted. Um and
[24:27]
then our investments were much more
[24:29]
successful than what we anticipated. Um
[24:32]
and so that is why we have 357,000
[24:35]
versus the 280,000 that we originally
[24:38]
budgeted. So without the final sales tax
[24:41]
number, we're at 7.2 million versus our
[24:44]
$7.4 million budget.
[24:48]
and we did not have to use any
[24:49]
appropriate fund balance for that.
[24:52]
Um on our expenditures, you can see that
[24:56]
um several of the line items uh are
[24:59]
slightly below budget. Um the capital
[25:03]
reserves, debt service, lease and fire
[25:06]
are all things that we are required to
[25:08]
pay 100% of what the contracts are. So
[25:11]
that's why those items are shown at
[25:14]
100%. All the other items are there just
[25:17]
slightly below or um within 20% of what
[25:22]
we had originally budgeted. Um as a
[25:25]
reminder, we budgeted expenditures
[25:28]
for staff if they all walked out the
[25:31]
door. So that's why all your major
[25:33]
budgeted expenditure line items for
[25:35]
staff are below budget because that did
[25:38]
not occur. So our budget versus actual
[25:41]
surplus as of June 30 before the last
[25:43]
sales is $460,14
[25:49]
on our fund balance um commitment. You
[25:52]
can see that um as of June 30, our fund
[25:55]
balance at the percent of general fund
[25:57]
expenditures is at 103% of our
[26:01]
expenditures and your requirement is
[26:03]
between 65 and 75%.
[26:06]
So we have been able to put them put
[26:08]
that money aside um as you have
[26:10]
requested for um not only the reserve
[26:15]
but also for the capital projects that
[26:17]
you um are planning in this year and the
[26:20]
future years.
[26:24]
Uh this budget is just umformational to
[26:28]
show you the blue lines are the 2526
[26:33]
or 2425 here and the the the line is the
[26:37]
current fiscal year budget that just
[26:39]
ended. So you can see where those uh
[26:43]
main differences are. Um the the one
[26:47]
decrease that you see there is that um
[26:50]
in 2425
[26:52]
there was nothing budgeted for the lease
[26:55]
agreement um because that was actually
[26:58]
shown in FEMA and this year um because
[27:02]
that there was just a little bit left
[27:04]
this year we left it in the J. Um but
[27:07]
most of the line items with the
[27:09]
exception of um the the miscellaneous
[27:14]
lease agreement there are are fairly
[27:16]
consistent from year to year with the
[27:18]
exception there permit and fees. Um you
[27:21]
can see where it is a lot different from
[27:24]
one year to the other but the other ones
[27:26]
are fairly consistent. Um
[27:31]
and then on the expenditure side, you
[27:33]
can you can clearly see that um we're
[27:36]
staying right along in line with what
[27:39]
you have budgeted in prior years. Um
[27:42]
streets and highways of course is pow
[27:45]
bill funds. Um and there is a um that
[27:49]
the city will the town will actually be
[27:52]
budgeting expenditure to repair the town
[27:55]
streets this year. So that money will be
[27:58]
actually spent in this coming fiscal
[28:00]
year. It was not spent in last fiscal
[28:02]
year
[28:05]
on the capital projects. Uh you can see
[28:08]
where we ended up on the items um that
[28:12]
you had uh directed us to complete for
[28:16]
the uh fiscal year ending June 30. On
[28:19]
the park maintenance facility needs and
[28:22]
assessment. Uh we budgeted $150,000.
[28:25]
That contract came in at $48,000. So
[28:28]
that is uh complete. The town hall
[28:31]
carpeting was u budgeted at 118 and it
[28:36]
came in at 81,000. So you can see in all
[28:39]
of those line items that we um were able
[28:42]
to be right at the budget or just below
[28:45]
the budget. uh the basketball court
[28:47]
resurfacing was actually completed in
[28:50]
this fiscal year and a budget amen
[28:52]
amendment was presented last uh at the
[28:54]
last meeting to move those funds into
[28:56]
the current fiscal year. So that's why
[28:59]
there's nothing shown there. Um this report here just kind of shows you
[29:04]
what uh we have spent on Helen. Our
[29:08]
total expenditures to date are $685,938
[29:13]
of the 2.8 8 million that we have
[29:15]
budgeted anticipating
[29:18]
uh to be expended. Uh the majority of
[29:21]
that of course is in Catg Park
[29:23]
facilities. U most of that is the
[29:26]
riverbank restoration.
[29:32]
Um the main items that we wanted to
[29:34]
bring to your attention were the
[29:36]
contracts and agreements that were
[29:37]
signed during quarter 4, which is April
[29:40]
to June 30. Um, and you can see here,
[29:44]
um, most of these were brought to
[29:46]
council for your approval, but we did
[29:48]
want to just include those as a reminder
[29:51]
for you here. The North Loop Meadow
[29:53]
project, the community survey with ETC
[29:56]
Institute, the audit contract for this
[30:00]
uh, fiscal year that they are auditing
[30:02]
now, the baseball field, and then uh,
[30:05]
one that you might not be aware of is
[30:07]
the U. the federal government came down
[30:10]
with an American with disabilities web
[30:13]
content accessibility requirement. Um,
[30:16]
and so we we had to buy some software in
[30:18]
order to make the town's website and
[30:21]
documents ADA accessible. And so that
[30:24]
was signed on June the 30th and it was
[30:27]
for about 50.
[30:30]
» Thank you, Julie. Uh, we're the next
[30:32]
slides go into the major projects. Are
[30:34]
there any questions so far from council?
[30:36]
Julie, what made the permits and fees
[30:39]
jumped so drastic on revenues?
[30:41]
>> I think what it was the difference
[30:43]
between 24 and 25 is that some things
[30:46]
that were shown in that line item in the
[30:49]
previous year were not truly permits and
[30:52]
fees. Okay.
[30:53]
>> And so we've been moving that correctly.
[30:57]
>> I got
[30:59]
see that balance out next year.
[31:00]
>> Yes, sir. I think it was just a
[31:02]
reporting.
[31:03]
>> Okay.
[31:05]
The revenue was correct. It was just in
[31:08]
>> where it was placed. Yes, I got you.
[31:10]
[clears throat]
[31:11]
>> Oh, I got it.
[31:13]
>> It looks like the library was a little
[31:14]
high. Is there a
[31:16]
>> It was a little bit high because the um
[31:19]
the maintenance um contract for the
[31:23]
maintenance of the library for the
[31:26]
cleaning and things like that was a
[31:28]
little bit higher than what we
[31:29]
originally budgeted. Yes.
[31:34]
And that's one of the contracts that we
[31:36]
hope to go out prepaid for this year.
[31:40]
And also the the Duke Energy uh bills
[31:44]
also included a increase for the Helen
[31:48]
recovery um in the last two months of
[31:51]
that fiscal year which we did not
[31:52]
anticipate when we did the budget for
[31:54]
the library because they have a portion
[31:56]
of that utility bill.
[31:58]
It was both of those funds come up. Uh,
[32:01]
it wasn't in your recording. It's a
[32:03]
little off topic. So, if you don't know,
[32:04]
you don't, that's fine. But are the
[32:06]
solar panels still keeping up with the
[32:08]
electric charging?
[32:11]
>> That would be a cold question.
[32:13]
[laughter]
[32:14]
>> And if it's if it's possible, we can get
[32:16]
you that information if you like.
[32:18]
Absolutely.
[32:20]
>> I don't know if we have it off on hand,
[32:22]
so Okay.
[32:23]
>> But no, it's it's a it's a good
[32:24]
question.
[32:29]
I see you.
[32:33]
All right, moving on. I've already
[32:36]
spoiled a little bit of this and also
[32:38]
just for full transparency, not all of
[32:42]
us fell within Q4. It was Q4 and a
[32:44]
little bit into Q1 of FY27, but I think
[32:46]
it's important enough to try to
[32:47]
highlight where we're currently at. So
[32:50]
the major difference that happened
[32:52]
between Q3 and Q4 and like I said into
[32:54]
Q5 is the process that we've been
[32:57]
working with with FEMA and I know I've
[32:59]
been keeping council a breast of all the
[33:01]
various changes and expectations that
[33:03]
FEMA has had. Uh one of the items though
[33:06]
that we've been able to do is move
[33:07]
towards obligation of the funds at the
[33:10]
current scope uh project scope that FEMA
[33:14]
has put out. Now, we disagree with
[33:15]
almost all of those project scopes that
[33:17]
you have uh that that they have and
[33:20]
we're working through what they call a
[33:21]
versioning or amendment process to make
[33:23]
sure that we actually become whole to
[33:25]
what the actual damages were. But now,
[33:27]
what you'll see on here starting in CAT
[33:30]
C covers and drainage, FEMA has
[33:32]
obligated $25,560
[33:36]
uh for those covert repairs. We do not
[33:37]
believe that that is uh reflective of
[33:40]
the actual damage uh to our covert
[33:43]
repairs. However, that's the first step
[33:44]
before we can get that amended. Um, as
[33:47]
you can see, one of the five coverts was
[33:49]
replaced during the North Loop uh
[33:51]
repairs due to failure. Um, there are
[33:53]
other there's another one that we're
[33:55]
also working on and we're monitoring
[33:56]
right now that we're going to be quickly
[33:58]
jumping on that needs to be repaired as
[34:00]
well. Um, and so we are requesting that
[34:03]
amendment process that first that first
[34:06]
covert just as an example back in the
[34:08]
north loop, it's the uh construction
[34:10]
entrance. I believe that came in around
[34:12]
35,000 385
[34:14]
right right around that uh number. So as
[34:17]
you can see we disagree with the the
[34:18]
FEMA number right now but uh the one
[34:21]
thing that's good is that they will go
[34:23]
and update if there's a scope of work
[34:26]
change and we believe that there is for
[34:27]
obvious reasons. Uh the CAT E project um
[34:32]
FEMA obligated uh uh and we received
[34:35]
just over $5,300. does mirror our cost
[34:39]
minus what we received from insurance.
[34:41]
So, we did become whole on that one. The
[34:43]
total claims from the League of
[34:44]
Municipalities was a little over 23,000.
[34:47]
So, again, we became whole based off of
[34:49]
those two reimbursement strategies.
[34:52]
Uh the CAT D uh utilities, we have
[34:56]
completed the repairs of the well and
[34:57]
the wellhouse. Um, and I really want to
[35:00]
just take a moment and also thank our maintenance staff as well because
[35:04]
they did a lot of work to make sure we
[35:06]
did the final touches on that. So, the
[35:08]
roof and the door, uh, the frame, we got
[35:10]
amazing to come out to work on that, but
[35:12]
really good work there. The there are no
[35:15]
remaining actions on it. FEMA obligated,
[35:17]
as you can see, just over $6,200. Our
[35:20]
total expenses were just over $6,700.
[35:23]
Uh I'm I made the call that ultimately
[35:26]
at the end of the day that $500 was
[35:28]
going to take a lot more time and and staff hours to try to fight that
[35:34]
$500. So we just have decided to move
[35:37]
forward um and and just with that $6,200
[35:42]
amount, 6276 or 67.
[35:46]
The CATG G project, this is where most
[35:48]
of our projects still remain. Park
[35:50]
grounds and features. This is back in
[35:52]
the day, but as as a reminder, the
[35:55]
tennis courts uh FEMA denied our tennis
[35:58]
court request or project. Uh we
[36:02]
disagreed and we put forward a uh a
[36:05]
request to um review that as well and
[36:09]
they then denied that appeal process as
[36:12]
well. However, uh through the Office of
[36:14]
State Budget and Management, there were
[36:16]
funds that would cover the replacement
[36:18]
cost and we were awarded those funds.
[36:20]
Right now, we have yet to move on using
[36:23]
those funds because one of the things
[36:25]
that's one of the silver linings of the
[36:27]
OSBM funds are that they allow for
[36:30]
flexibility on where that needs to be
[36:32]
built. So, right now, since we're in the
[36:34]
park master plan discussion, you know, revisiting where locations
[36:39]
are, we have time to wait on that until
[36:42]
you all get to make a final decision on
[36:43]
whether or not you want to build in the
[36:45]
same location or build in another one.
[36:47]
So, that's why those funds are still
[36:48]
sitting there. the as as you can see,
[36:52]
we're expecting to bring that to you all
[36:54]
in October of the park master plan
[36:57]
update.
[36:59]
The expansion property, as you as uh
[37:02]
Julie was talking about before, it's a
[37:03]
little over $920,000.
[37:05]
We are also put in for another grant uh
[37:08]
from the Division of Water Resources. We
[37:10]
hope to hear about that in October. The
[37:12]
reason why that matters, because a lot
[37:15]
of people may say, "Well, $920,000 is a
[37:18]
lot of money." And it really is uh we're
[37:20]
very fortunate to have that that that
[37:22]
money can only be used for FEMA related
[37:26]
uh repairs. It cannot be for any type of
[37:30]
mitigation work, any work that FEMA did
[37:32]
not put within their scope of work. So
[37:34]
we have to be very careful in setting up
[37:36]
those funds. However, there's another
[37:38]
section of the river that can uh benefit
[37:42]
greatly from mitigation that and that
[37:45]
would greatly benefit when we go forward
[37:47]
on the expansion property. And so from a cost perspective and a bidding out
[37:52]
perspective, we're trying to make sure
[37:53]
that we're putting as many of those
[37:55]
projects together to make one one, you
[37:58]
know, attractive package for people to
[38:01]
bid on. We hope to have that information
[38:03]
uh that decision in October and then we
[38:05]
could start trying to work forward with
[38:07]
potential
[38:08]
uh build starting in the late spring
[38:11]
early summer of next year. So again,
[38:14]
we're waiting but hopefully not too much
[38:15]
longer on that as well.
[38:18]
The one item that's not up here, but
[38:20]
before I get down to the the other two,
[38:23]
uh the kayak launch, FEMA obligated just
[38:26]
over $7,300 for that. we are in um that
[38:31]
appeal process right now as well. It's
[38:34]
slower for that one because of all the
[38:36]
environmental uh factors because it's in
[38:38]
the river. So right now that is in with
[38:41]
FEMA because so that they are trying to
[38:43]
work through all of their processes.
[38:44]
That one's going to take a little while
[38:45]
longer uh just again because of the
[38:48]
environmental impact that it's going to
[38:49]
have with the river.
[38:52]
the contract uh as we as I stated
[38:55]
earlier in early FY27 Q1 really were
[38:59]
able to make sure and sign off on the
[39:01]
substantial completion work in the
[39:02]
meadow and the north loop the parking
[39:05]
lot and the covert that's under the
[39:06]
parking lot. The uh in Q3 you all
[39:11]
approved uh the the formal bid of just
[39:14]
over a million for that work. FEMA has
[39:17]
obligated as you can see just over
[39:19]
$280,000.
[39:21]
The reason why there's that big
[39:22]
difference there mostly comes down to
[39:27]
uh FEMA needing to add the incidental
[39:30]
debris removal to that project. As you
[39:33]
all may remember, we had to FEMA kept
[39:35]
going it's incidental debris. Now it's
[39:37]
not. Now it is. So
[39:40]
we have in writing that it is incidental
[39:42]
debris. We are pushing them to make sure
[39:43]
that amendment happens. And we believe
[39:45]
that's the majority of where that
[39:46]
difference is. And also, I believe that that $1 million price point, it's
[39:51]
going to be on the high end of what
[39:52]
we're actually seeing uh what we're
[39:54]
actually seeing with actuals coming in.
[39:57]
So, right now, we're working through
[39:58]
that amendment process and hope and and I and I'm hopeful that we're going
[40:02]
to be able to close that gap
[40:03]
substantially.
[40:05]
And then last, but certainly not least,
[40:07]
as I mentioned about the baseball field,
[40:09]
uh FEMA obligated just over $160,000 for
[40:12]
that one. Uh the winning bid for the
[40:14]
actual FEMA related part of that project
[40:18]
was just at $70,000 or 69775.
[40:22]
And then uh there was a $5,700 that we
[40:25]
did additionally because you're going to
[40:26]
replace one foul pole. I I I found out
[40:29]
thanks to Nicole that they don't sell
[40:30]
individual foul poles. They they sell
[40:33]
them in pairs. Makes sense. Uh so we
[40:37]
went ahead and bought the second foul
[40:38]
pole as well. That's why the 5700's
[40:40]
there. So, it just came over to a little
[40:42]
over $75,000
[40:44]
uh for that replacement. And as I
[40:46]
mentioned, it's in the closeout phase
[40:47]
currently.
[40:49]
Any questions about our FEMA projects?
[40:55]
» Do we have to give back like the 70,000
[40:59]
for the baseball field?
[41:02]
>> So, so the short answer is it depends.
[41:05]
These are all considered small projects,
[41:08]
right? So, uh, FEMA C categorizes
[41:11]
anything under a million dollars as a
[41:12]
small project. They're large projects
[41:14]
for us, small for FEMA. So, right now,
[41:17]
some some are a little bit higher, some
[41:19]
are a little bit lower. So, right now,
[41:21]
we're holding on to those funds because
[41:24]
we believe that, let's just say in the
[41:26]
North Loop project, for instance, that
[41:28]
they don't um that they don't come up
[41:30]
and make us whole within that. we can
[41:32]
actually use those remaining funds from
[41:34]
the baseball field to help make us whole
[41:37]
uh across the board. So that's so the
[41:40]
short answer is it really depends on how
[41:42]
all the projects wash out and uh and
[41:45]
then from there where we have to you
[41:48]
know plug holes where we can. So we're
[41:51]
going to have to keep you up to date on
[41:53]
what that looks like as of right now.
[41:55]
The um
[41:58]
yeah so that ultimately that's where
[42:00]
it's at. So from a FEMA perspective,
[42:01]
from the state perspective, they want to
[42:02]
make sure that those funds go towards
[42:04]
those FEMA projects. Small project, they
[42:06]
don't necessarily care how those are
[42:09]
distributed.
[42:11]
>> But we are keeping
[42:13]
>> but because we also like to play very
[42:17]
conservatively. So we are making sure
[42:19]
that everything is uh very much
[42:22]
documented.
[42:24]
Thank you, Julie.
[42:27]
Any more questions? All
[42:30]
right, just going on to other major
[42:33]
projects and initiatives here. Um, as
[42:36]
you can see, a lot of the items now, I'm
[42:38]
just going to briefly go through the
[42:40]
ones that are really new for us here.
[42:42]
Evaluating implementing a new payroll
[42:43]
system that was pushed to FY27. So, that
[42:45]
$10,000 was moved over into FY27.
[42:48]
Um, the AV system in the commons room,
[42:52]
the those updates you all approved in in
[42:54]
Q4.
[42:55]
Updates were just made in FY27. Uh, as a
[42:58]
reminder in the budget, you all budgeted
[43:01]
uh $60,000 for all repairs to any uh AV
[43:04]
equipment going in there. We've done the
[43:06]
first phase, which apparently means that
[43:08]
my voice, which I always thought was
[43:10]
carrying enough to begin with, carries a
[43:12]
little bit more in the off uh in the in
[43:14]
the common room right now. Uh but we're
[43:16]
still working through that. So, phase
[43:17]
two is coming here in a minute. Uh the
[43:20]
and I'll keep council um up to date on
[43:23]
that. It's going to be including
[43:24]
microphones and and some other work
[43:26]
that's going to be going on.
[43:28]
the
[43:30]
uh the next ones that are on the list
[43:31]
for you, the community survey. As you
[43:33]
know, at the last meeting, we had a
[43:35]
conversation with Jason uh Moreno from
[43:37]
the ETC Institute. There was 15,000
[43:40]
budget in FY26. It ended up being at
[43:42]
14,000 awarded. So, we're very happy
[43:44]
that we were able to stay under budget
[43:46]
for that one. The uh and that's still
[43:49]
planned for an uh a September release.
[43:53]
And so, um, there are a couple items
[43:54]
that we need to finalize, but then we'll
[43:56]
be ready to go on that. The council
[44:00]
salary study, you all, uh, during the
[44:02]
budget process, council approved an
[44:04]
increase in December 2026. Uh, we are
[44:07]
looking to conduct a salary study in
[44:09]
FY27 with council included. We are
[44:12]
already having those conversations with
[44:13]
firms to see um which one may be the
[44:16]
right fit for the for the salary review
[44:19]
uh for a community of our size or for an
[44:22]
organization of our size. And then the
[44:24]
la that one over there was the last one
[44:26]
was been completed in Q2.
[44:29]
Any questions from administration?
[44:35]
» All right.
[44:37]
Looking at parks and recreation, the uh
[44:41]
the as you can see quite a bit of those
[44:43]
are now were not applicable by the final
[44:45]
cost because we were moving them into
[44:48]
FY27.
[44:49]
So uh for instance like the space needs
[44:52]
assessment needs to be uh a part of the
[44:54]
larger park expansion discussion. You're
[44:56]
going to see some of that as a park
[44:58]
master plan kind of where that
[45:00]
potentially may fall. looking at the
[45:02]
studying of Hooper Lane, looking at what
[45:05]
that may be uh as a as a future
[45:08]
priority, and then for review and FY27,
[45:11]
creating scholarship opportunities for
[45:13]
programming. So, there were no costs
[45:14]
associated with those three, but they
[45:16]
are um uh we haven't lost them. They're
[45:20]
still priorities. We've just shifted
[45:21]
them to FY27 and beyond. And then
[45:24]
obviously, park accessibility was
[45:26]
earlier on in the year at just over
[45:27]
320,000.
[45:29]
Any
[45:31]
questions?
[45:37]
All right, going on to the next uh the
[45:40]
three items here for planning and
[45:41]
zoning, land preservation program. I
[45:43]
really want to thank uh Mike for his
[45:46]
work when it comes to just diving in
[45:48]
deep to farmland preservation and land
[45:51]
preservation overall. As you can see, he
[45:53]
attended the the state voluntary a
[45:55]
district uh and farmland preservation
[45:57]
conference in July to gather more
[46:00]
information to try to find other
[46:01]
opportunities for us to continue leaning
[46:03]
in on this important project. So, as you
[46:06]
can see later on in the year, looking
[46:08]
for an educational event for these
[46:09]
programs andformational flyers. This is
[46:11]
also information that you all council
[46:13]
directed us as staff to look into. So,
[46:15]
we are working on that into FY27.
[46:19]
the uh UDO and land use code update. Uh
[46:22]
in fact, I think you all received just
[46:24]
uh the final draft right before this
[46:26]
meeting for your review as well. Uh as
[46:29]
you can see in FY27, as I know you all
[46:32]
are well aware of the the amendment to
[46:34]
the UDO contract totaling $32,000 to
[46:37]
make sure that it is downzoning
[46:38]
compliant moving forward. And we are
[46:41]
still on track and on schedule uh to
[46:43]
meet the deadlines that you all set.
[46:46]
Uh the last one on here is town traffic
[46:48]
schedule update and buildout. Um right
[46:52]
now we're just waiting for the
[46:53]
implementation from DOT. Uh and so you
[46:57]
know as council you may remember there
[46:59]
are certain areas within town that may
[47:01]
will have some slight changes within
[47:02]
their speed limits. So, we're looking to
[47:04]
be in the next month or two having those
[47:06]
signs up and then once they're up there,
[47:09]
then we're going to be bringing that
[47:10]
back to you all for formally adopting uh
[47:12]
a traffic schedule that's updated.
[47:15]
>> Okay. For those of you that didn't
[47:17]
figure it out, I've got a question
[47:19]
because I've been told when I lean
[47:20]
forward, everyone knows I've got a
[47:21]
question. Um, so legally, if a speed
[47:27]
limit is in a town,
[47:30]
would the town has to do a concurring
[47:32]
ordinance in order for that to be
[47:34]
enforcable
[47:36]
and then the signs have to be posted?
[47:39]
Don't we need to do the concurring
[47:40]
ordinance before the signs are posted?
[47:43]
Because once the signs are posted,
[47:45]
that's the new speed limit. And the only
[47:47]
way it's enforcable is if we have a
[47:49]
concurring ordinance. That's what we did
[47:51]
before. It seems like
[47:52]
>> Oh, we did.
[47:53]
>> So, that's what we're going to do. Okay.
[47:56]
>> You're awesome.
[47:58]
>> Yeah. Okay.
[48:00]
So, it doesn't have to come back to us
[48:02]
for any ordinance. That's already done.
[48:06]
» Gotcha.
[48:10]
» Any other questions, council?
[48:14]
>> All right.
[48:16]
And then just a couple of those
[48:18]
additional uh improvements as well.
[48:20]
Julie already talked briefly about the
[48:22]
basketball court resurfacing. It has
[48:23]
been completed in FY27 as well as the uh
[48:27]
resealing of cracks and and um and the
[48:30]
improvements on the tennis court as
[48:31]
well. We knocked those two projects out
[48:32]
at the same time. Uh completed in Q4
[48:35]
were the epoxy floors and the hickory
[48:37]
shelter. The uh park expansion project,
[48:41]
as a reminder, was originally budgeted
[48:43]
for $150,000.
[48:46]
Uh the final cost was $267. We expanded
[48:49]
that because it went extended through
[48:51]
December 2026. So instead of it being
[48:53]
just that first phase, it was that first
[48:55]
phase plus for that greater scope all
[48:59]
the way through the potential new master
[49:01]
plan for you all to review. again coming
[49:03]
before council. I just wanted to remind
[49:05]
you that's uh why that uh uh discrepancy
[49:09]
is there. And then the park maintenance
[49:11]
uh facility and upfit right now through
[49:14]
design cost just under $50,000. In fact,
[49:17]
we're going to the next item on the list
[49:18]
you're going to have to hear me drone on
[49:20]
about uh fun exciting things going on
[49:22]
with the with the park maintenance
[49:24]
facility.
[49:28]
Any
[49:32]
questions?
[49:35]
The most important question. Julie, did
[49:37]
I miss anything?
[49:38]
>> No, you bet.
[49:42]
>> Thank you.
[49:46]
» Back to our original a the discussion on
[49:48]
the maintenance facility construction.
[49:50]
Yeah, [sighs]
[49:53]
» we're going to just take one sec here.
[50:03]
self organized.
[50:06]
All right,
[50:09]
mayor and council, I just want to
[50:11]
Julie's also going to be up here walking
[50:13]
us through this, but just as a reminder,
[50:16]
as we've already talked about, in 2024,
[50:19]
um you all approved the Mil River Park
[50:21]
expansion um u you know, expansion
[50:24]
master plan, which outlined those future
[50:26]
amenities and features, right? One of
[50:27]
those items that was on that list was
[50:29]
talking about a new maintenance facility
[50:30]
because as that large as we continue to
[50:33]
expand on the project behind us, the
[50:36]
property behind us, having the
[50:37]
facilities are actually going to meet
[50:38]
those needs. So in FY26, as we just
[50:41]
talked about, $150,000 were set aside.
[50:44]
We worked with WGLA
[50:47]
uh as well as they subcontracted with
[50:50]
ARCA design to come together to help us
[50:53]
with both a needs assessment and then
[50:54]
also with um that first uh concept
[50:59]
sketch concept plan u for your
[51:01]
consideration. And so earlier this year
[51:05]
in May, May 2028, it feels like so long
[51:08]
ago, uh, Tom Jones and Brian Moffet both
[51:12]
came in and provided that preliminary
[51:13]
design for your consideration. And so
[51:16]
tonight's really just that next step.
[51:17]
So, at that time, I mentioned to you all
[51:19]
that I wanted to come forward and talk
[51:21]
through the potential pre-construction
[51:22]
and construction options and
[51:24]
recommendations for moving forward, try
[51:26]
to answer any questions that I can, but
[51:28]
ultimately
[51:29]
look at how we can start moving forward
[51:32]
on getting this um moving this project
[51:34]
forward. So, $275,000 was budgeted in
[51:37]
FY27 and approved by council. Just over
[51:40]
1.3 million, almost 1.4 4 million was
[51:43]
slated for FY28 and about 1.9 million in
[51:47]
FY29 as a part of the CIP. So again that
[51:50]
5-year financial forecasting model as
[51:53]
well as with um and like I said the
[51:56]
overall CIP that does not include uh
[51:59]
right now that does not include
[52:01]
operating cost that is pure new
[52:05]
maintenance facility and the upfitting
[52:07]
of the current maintenance facility.
[52:08]
that is based off of the numbers that
[52:10]
were provided to you all uh with uh uh
[52:13]
during the presentation with WGLA there.
[52:17]
There's additional money in there about
[52:19]
$400,000 for the upfitting of the
[52:21]
maintenance facility. You'll see that
[52:23]
tonight in the design as well. So debt
[52:27]
financing right now what you all have
[52:28]
seen within the budget starting in FY27
[52:32]
going through the next five years is
[52:34]
just over 2, it's 2.66 66 million of
[52:38]
that is slated for um uh for debt
[52:42]
servicing and debt financing. And right
[52:44]
now, uh, based off of the conversation
[52:47]
tonight,
[52:48]
um, depending on the direction that you
[52:50]
all as council wish to take, we are able
[52:52]
to move forward. And the one of the
[52:54]
first steps is to put this out, uh, put
[52:57]
this item out to bed, get these pro, get
[52:59]
this project out there and moving, and
[53:01]
then ultimately get a price point that
[53:04]
the LGC, the local government
[53:06]
commission, is comfortable with for us
[53:08]
to have a conversation about our u our
[53:11]
borrowing power. So Julie has already
[53:13]
done great work on making sure that we
[53:15]
are in uh good financial standing for
[53:18]
the the debt that is potentially going
[53:20]
to be requested. But again, these are
[53:22]
all preliminary numbers. These are all
[53:24]
very preliminary based off of the
[53:27]
concept work uh that has been done so
[53:29]
far. The next phase is really getting
[53:32]
into what the actual uh uh cost will
[53:36]
look like.
[53:42]
already kind of did this without meaning
[53:44]
to. Sorry. In FY26, as you can see,
[53:46]
that's when it really started those
[53:48]
conversations. We've already talked
[53:49]
through the budgeting items as well. And
[53:51]
then again, in May, you will have seen
[53:53]
that document. We're going to switch to
[53:55]
that document here in just a minute. uh
[53:57]
when I get the queue. Uh and like I
[53:59]
said, we'll actually show you a little
[54:01]
bit of uh the very very preliminary
[54:05]
sketch of the community what would be
[54:06]
considered a community building over
[54:08]
there for the maintenance facility.
[54:12]
So Kevin, if you can can you switch over
[54:14]
from to me for the other documents?
[54:27]
All right. So, this is the one uh that
[54:30]
you all uh saw as of May 18th. So, there
[54:33]
have been no changes to the main uh uh
[54:36]
maintenance [clears throat] facility
[54:37]
since that time. So, as you can see,
[54:39]
this is the footprint that's associated
[54:42]
with it. It's just over um 6,600 ft as
[54:46]
you can see on the on the property
[54:47]
there.
[54:48]
And so there has been a little bit of
[54:51]
work making sure that we have entry and
[54:53]
exit points that are coming out as well.
[54:55]
Um, and you can see the connecting point
[54:57]
that's over to the current um, parking
[55:00]
lot. You scroll down for me, Kevin. And
[55:03]
by all means, you all can stop me at any
[55:04]
point. I just don't want to repeat
[55:06]
everything you've already heard. So,
[55:08]
here's just a little bit closer view of
[55:09]
it. There's a a fence line that's in
[55:12]
there. It also shows where some water
[55:13]
options are as well that are a part of
[55:16]
that and also some gating that would be
[55:18]
necessary to protect the site.
[55:23]
This is what the uh the schematic
[55:26]
interior looks like that uh that was
[55:28]
recommended through our discussions from
[55:30]
our needs assessment and then also
[55:31]
working with the designer the uh really
[55:36]
making sure that we have uh adequate
[55:39]
space for uh maintenance of our of our
[55:42]
vehicles but then also the garage
[55:44]
storage which actually have those
[55:45]
passroughs. those bottom two bays
[55:46]
completely pass through. And then the
[55:48]
other one where the lift is is one where
[55:51]
they can actually do more maintenance
[55:52]
work on those vehicles going more
[55:54]
towards a hoteling style uh as well
[55:57]
within the break room uh as well. And
[56:01]
I'm just going to stop. Is it possible
[56:02]
for us to get the temperature turned up
[56:04]
a little bit in here please? And so the
[56:07]
um and so making sure that we have uh
[56:12]
adequate space for that, adequate
[56:13]
storage, but also making sense of where
[56:15]
the small engine and the chemical
[56:16]
storage is for entry and exit points. As
[56:18]
you can see, easy entry and and easy
[56:20]
exit.
[56:24]
One thing that was on the previous page,
[56:25]
we don't have to go back, but we also
[56:27]
tried to design this to make sure it
[56:29]
actually will last
[56:31]
uh through growth. So, there are a
[56:33]
couple areas in there that are actually
[56:34]
designed for storage, but will be able
[56:36]
to be uh fitted for offices if we need
[56:40]
to actually expand um um our footprint
[56:43]
even more with additional staff. This is
[56:46]
the exterior version based off of what
[56:48]
the current standards are when we were
[56:51]
looking at uh making sure that it would
[56:53]
fit within the uh the UDO confines that
[56:57]
we had. And so again, there may be
[56:59]
changes based off of this, based off of
[57:01]
what may be adopted by council moving
[57:03]
forward, but that's the current model
[57:05]
right there. Can you scroll down for me,
[57:06]
please, Kevin?
[57:08]
Again, just a couple of other images for
[57:11]
you. As a reminder, we had a
[57:12]
conversation with uh you all had a
[57:14]
conversation with Brian Moffett and Tom
[57:16]
Jones about like the little popup window
[57:18]
areas and other amenity features and
[57:21]
that can all be worked out again moving
[57:23]
forward.
[57:25]
That also that bay that's exterior right
[57:27]
there can also be boxed in and made it
[57:29]
to a third bay as well if needed.
[57:33]
Scroll on down Kevin.
[57:35]
All right. So moving going down to the
[57:37]
next one for me. So right now this is
[57:41]
what the latest one again very early
[57:44]
highle sketches. There's not a lot based
[57:47]
off of the size of that space can be
[57:50]
done uh when it comes to recreational
[57:53]
uses. Quite a bit can be done when it
[57:56]
comes to programming uses. So that's why
[57:58]
it's called a community room as of right
[58:00]
now. Um re redoing the entryway where uh
[58:05]
the gravel road is for a lot and then
[58:09]
having an exit out the back with a
[58:11]
potential patio and sitting area as well
[58:14]
on the outside. Again, very preliminary.
[58:16]
I know this is the first time you all
[58:17]
are seeing this, but ultimately, this is
[58:19]
kind of showing what could be done in
[58:21]
there to try to expand the footprint out
[58:23]
to have both indoor and outdoor type
[58:25]
programming in that space, which will
[58:27]
act ultimately ease the burden right on,
[58:30]
you know, on this room right now, which
[58:32]
is being used for quite a bit.
[58:35]
Uh there you go. They again just concept
[58:38]
very high level concepts uh from Arca
[58:41]
Design as well. Ultimately though, these
[58:44]
are preliminary. These are these are
[58:47]
sketches.
[58:48]
The the next step is actually going and
[58:53]
hiring an architectural firm and working
[58:56]
through the actual you know those next
[58:58]
steps. This is about when I was talking
[58:59]
to ARCA design recently some you know
[59:02]
somewhere between 10 and 15% of actual
[59:05]
design. So there's still quite a bit of
[59:07]
time to actually talk through what what
[59:08]
you all as council actually want to see
[59:10]
here. This is just showing what could be
[59:12]
done to meet the needs uh that were
[59:14]
identified through the assessment.
[59:18]
Kevin, can you go back for me to the
[59:20]
presentation? Unless there are questions
[59:22]
specifically on what you all have seen
[59:23]
here so far.
[59:27]
I got a lot of questions at some point
[59:31]
>> and in looking for repairing or
[59:36]
upgrading the current maintenance shed
[59:40]
to a community space. Mhm.
[59:43]
>> Um, I think you and I had talked before
[59:46]
about maybe looking at a place to maybe
[59:50]
make it
[59:55]
maybe a chance for the library to move
[59:57]
down there to open this up for office
[59:59]
space here to keep the staff all in one
[1:00:02]
building.
[1:00:03]
And then, you know, at looking at adding
[1:00:07]
offices to the new maintenance shop
[1:00:11]
that's still going to have, you know,
[1:00:12]
they already had one up there and then a
[1:00:14]
work space for them. Are are they
[1:00:17]
looking to put more offices up there?
[1:00:20]
>> So, uh, thank you for the questions,
[1:00:22]
council member. the the the first answer
[1:00:24]
is we did look into that and it's my
[1:00:26]
understanding that the current footprint
[1:00:28]
of the of the library is bigger than
[1:00:30]
what the footprint of that maintenance
[1:00:32]
facility is. So, so even right now they
[1:00:35]
would that library would have to
[1:00:36]
downsize in order to fit within that
[1:00:38]
space especially when you include the office spaces that are in there. So,
[1:00:42]
as of right now, I have not had
[1:00:44]
conversations with the uh with the
[1:00:47]
county on whether or not that would be
[1:00:48]
an amunable space for them. just from a
[1:00:50]
square footage perspective, it would it
[1:00:52]
would I think it would potentially
[1:00:54]
hinder their work instead of expanding
[1:00:56]
what their work is within that space.
[1:00:59]
>> The and I'm just looking back at Nicole
[1:01:01]
to make sure I I am correct on that.
[1:01:04]
the
[1:01:05]
um for the maintenance facility in the
[1:01:08]
back. What we right now we have uh space
[1:01:11]
down in the current uh maintenance shed,
[1:01:13]
a maintenance facility where there are a
[1:01:15]
couple of like three uh places for
[1:01:18]
people to sit for our parks maintenance
[1:01:20]
staff to use. And the new uh and the new
[1:01:24]
design, the [clears throat] office is
[1:01:25]
designed for the supervisor. Uh and then
[1:01:28]
the then we would have a hoteling type
[1:01:31]
situation where again they there will be
[1:01:33]
dedicated spaces for them to use but
[1:01:36]
they won't have like a an assigned desk
[1:01:38]
or a space or an office because most of
[1:01:41]
the time when our park maintenance staff
[1:01:42]
are coming uh coming in to check they're
[1:01:45]
coming to check something real quick and
[1:01:46]
heading back out. So instead of using
[1:01:48]
that space for offices more of an a
[1:01:50]
hoteling type option.
[1:01:55]
Any
[1:02:02]
other questions before we move forward?
[1:02:05]
>> I'll wait for
[1:02:07]
>> Okay.
[1:02:16]
All right. Came back. Uh
[1:02:19]
I know as council knows there are three
[1:02:20]
main main core delivery models here. And
[1:02:24]
so the first one that we're so we're
[1:02:27]
very familiar with is the design bid
[1:02:29]
build method, right? So essentially a
[1:02:32]
design we bring a designer on uh through
[1:02:35]
a procurement process uh or an RFP
[1:02:38]
process. They we pick them, they design
[1:02:42]
it for us, then we go out to bid for the
[1:02:44]
construction, the lowest qualified
[1:02:46]
bidder for the construction then builds
[1:02:48]
it. So that's the design bid build
[1:02:50]
method. So you can see there is
[1:02:52]
potential risk there of change orders
[1:02:53]
that happen because right now the
[1:02:55]
designer and the um and the uh
[1:02:58]
contractor are not necessarily in the
[1:02:59]
room and everything's happening at the
[1:03:01]
same time. Uh the design build is a
[1:03:04]
single point opportunity. It is provided
[1:03:06]
to us as you can see within the general
[1:03:08]
statute. Uh it's where you can actually
[1:03:11]
bid out one item as a single point where
[1:03:14]
you can do both design and construction
[1:03:15]
at the same time. There are benefits to
[1:03:17]
that because the contractor and the
[1:03:19]
designer are talking to each other. Most
[1:03:21]
of the time that means change orders are
[1:03:22]
going to be done you know before you
[1:03:24]
actually start building the project. Um
[1:03:28]
so it really does help with meeting
[1:03:29]
speed. The thing is is that that means
[1:03:32]
one person one entity is reporting to us
[1:03:35]
the contractors are ultimately reporting
[1:03:36]
to the designer. Right? So that provides
[1:03:40]
a little bit less oversight but it does
[1:03:43]
provide opportunities there. Like I
[1:03:44]
said, the one thing that's big about
[1:03:46]
design build is that we must meet NC
[1:03:48]
general statutes for use. One uh I'm a
[1:03:51]
personally a fan of design build
[1:03:53]
whenever when possible. Um but we have
[1:03:56]
to answer some very specific questions
[1:03:57]
in order to do so. Right. And so as of
[1:04:00]
right now, the this project in in my
[1:04:04]
estimation and when talking uh with
[1:04:05]
Julie does not meet those uh the general
[1:04:09]
statute definitions for that. The third
[1:04:11]
option is what's called a Seymar
[1:04:13]
process, which is a a construction
[1:04:15]
management at risk model. And so it's a hybrid model where essentially
[1:04:21]
you would have a designer, we would put
[1:04:24]
out a bid for a design and then we and
[1:04:26]
we'd put out a bid for a contractor, but
[1:04:28]
it would be a construction management or
[1:04:30]
construction manager at risk. So then
[1:04:32]
they would be reporting to us both, but
[1:04:34]
they would be in the room together
[1:04:36]
working through uh any design elements,
[1:04:39]
any other types issues that are there to
[1:04:41]
try to again make sure we're not going
[1:04:44]
into, you know, any issues or change
[1:04:46]
orders or any other types things that
[1:04:48]
can happen later on within the process.
[1:04:50]
It does change the model though. It it
[1:04:53]
really does change the model where um
[1:04:56]
the way it's been explained to me and
[1:04:58]
from others that have used it quite a
[1:05:00]
bit is that usually in design bid build
[1:05:03]
the lowest price is at the beginning of
[1:05:06]
the process. So you set the price and
[1:05:08]
you know what happens after that you
[1:05:10]
know it tends to go up from there. You
[1:05:12]
try your best to keep it down from the
[1:05:15]
Seymour approach. As you can see they
[1:05:17]
have something called a guaranteed
[1:05:19]
maximum price. So through the process
[1:05:21]
with bringing the designer on the
[1:05:23]
contractor who wins the RFQ on working
[1:05:26]
through and negotiating based off of the
[1:05:28]
schematic which I would recommend around
[1:05:31]
50% you would get the design up to about
[1:05:33]
a 50% schematic design then you would be
[1:05:36]
able to use that uh they we would look
[1:05:39]
at them to put together a co uh project
[1:05:42]
cost at that point and we would lock
[1:05:45]
them into what's called a guaranteed max
[1:05:47]
price and that guaranteed max price then
[1:05:49]
ultimately Again,
[1:05:51]
there can be some
[1:05:53]
uh some change orders that can happen
[1:05:56]
through that process, but again, it the
[1:05:59]
goal is that since they've been walking
[1:06:00]
through the process together and talking
[1:06:01]
through that process, you don't get
[1:06:03]
there. And then there are also some um
[1:06:05]
benefits as well because there's
[1:06:06]
contingency monies that are within that
[1:06:09]
within the CMR as well that are designed
[1:06:12]
also to help cover anything that may
[1:06:14]
come up that was unintentional or
[1:06:17]
through the process.
[1:06:20]
It's it's a right now for a project such
[1:06:23]
as this the and I've had a lot of
[1:06:26]
conversations with a lot of peers around
[1:06:28]
the state about this is that a
[1:06:30]
maintenance facility overall does not
[1:06:33]
necessarily fall to where you would
[1:06:36]
absolutely necessarily need a semar for
[1:06:39]
that process. looking at staff staff capacity, looking at our um uh
[1:06:46]
again our timeline for this, but then
[1:06:48]
also looking at the uh the fact that we
[1:06:51]
also had the upfit that we would want to
[1:06:52]
bid this out as one project together,
[1:06:55]
right? That it felt like the best
[1:06:58]
approach for this, especially because
[1:06:59]
it's over right now the projections are
[1:07:01]
over $3 million. And usually again with
[1:07:03]
my conversations that three $3.5 million
[1:07:06]
is the range where Seymours are starting
[1:07:08]
to really show up now. They're usually
[1:07:09]
they used to be in major complex
[1:07:11]
projects. By the way, I'm saying all
[1:07:12]
this knowing that the mayor is a is a
[1:07:14]
builder. And so I'm waiting for you to
[1:07:16]
tell me that I got something wrong. But
[1:07:18]
the um but at that three to three.5
[1:07:22]
million, we're starting to see Seymours
[1:07:23]
being used much more at a lower level of
[1:07:26]
cost just because of that conversation
[1:07:28]
that can happen at the beginning and
[1:07:29]
also that guaranteed max price. So those
[1:07:32]
are the three right now in my in in my
[1:07:35]
opinion. Design vid build and semar are
[1:07:37]
the two options that you have available
[1:07:39]
we have available for us on this uh on
[1:07:41]
this project. And Julie, I'm going to
[1:07:43]
look at you to tell me anything I
[1:07:45]
missed.
[1:07:56]
here just from the contract structures.
[1:07:57]
I've already talked about this a little
[1:07:59]
bit. Um you do have separate contract
[1:08:01]
with the architect and the builder with
[1:08:03]
design bid build. They are separated out
[1:08:05]
projects. They are the lowest qualified
[1:08:07]
bidder within each one. Ultimately at
[1:08:09]
the end of the day depending on if
[1:08:11]
there's a contractor that disagrees with
[1:08:13]
the designer designer ends up with the
[1:08:15]
contractor. Uh
[1:08:17]
usually the town is stuck in the middle
[1:08:19]
on those kinds of issues. Design build
[1:08:22]
obviously again as we've talked about
[1:08:24]
doesn't allow for that. um we don't
[1:08:26]
think it's an allowable use for this
[1:08:28]
project. And then the seamount uh
[1:08:30]
seamount wow semar structure as you can
[1:08:33]
see here really is a partnership
[1:08:36]
collaborative approach. Um when I've uh
[1:08:39]
and when I've talked to some of my uh
[1:08:40]
like I said some of my peers on some of
[1:08:42]
the projects that they didn't use Semar
[1:08:44]
um they wish they had.
[1:08:49]
But ultimately this is you this is your
[1:08:52]
project. I'm only providing my
[1:08:54]
recommendation for your consideration
[1:08:56]
and for discussion. Right? So the um
[1:09:00]
ultimately you all get to choose and
[1:09:01]
decide on how best to approach this that
[1:09:03]
you all would like to see. The
[1:09:06]
construction manager at risk as you can
[1:09:07]
see they are used as a trusted adviser
[1:09:11]
during this for pre-construction because
[1:09:12]
they report to us. Um we also do have on
[1:09:15]
call engineering services as well. Also
[1:09:17]
depending on um you know what the type
[1:09:20]
of situation is, we can also lean on our
[1:09:22]
on call engineering uh contract to also
[1:09:25]
just make sure that we're not missing
[1:09:26]
something to make sure that we're not
[1:09:28]
seeing anything or that we're missing
[1:09:30]
anything or there are any gaps through
[1:09:32]
this process.
[1:09:33]
My recommendation as you can see here
[1:09:35]
once design would reach 50% uh that's
[1:09:39]
when the the um that's when the uh
[1:09:42]
construction manager at risk would
[1:09:44]
negotiate what that guaranteed max price
[1:09:46]
is. So the goal of that getting closer
[1:09:48]
to that 50% allows us to have a little
[1:09:50]
bit more of an understanding of what
[1:09:52]
that high value could be or should be
[1:09:55]
for that. I've seen some seams that have
[1:09:58]
it at 30%. I think that that's low for
[1:10:02]
us especially because we're risk adverse
[1:10:03]
when it comes to these types of projects
[1:10:05]
and rightfully so. That that 50% method
[1:10:08]
is one that I uh uh I feel comfortable
[1:10:11]
with.
[1:10:17]
So Julie, you put uh I'm going to turn
[1:10:19]
it over to you because you also did
[1:10:21]
great work on the pros and cons list and the work behind this.
[1:10:24]
>> Sure. So what this slide here refers to
[1:10:28]
is um the benefits of using a CR and the
[1:10:32]
cons of using a Seymour. Uh just so that
[1:10:34]
you could you could see them all in one
[1:10:36]
place uh for ease. Um there's cost
[1:10:40]
certainty with a semar because you have
[1:10:43]
the most price that you could pay. Um
[1:10:47]
the one thing that um in a lot of the
[1:10:50]
classes that I have taken in a lot of
[1:10:52]
the documents that I have read from the
[1:10:54]
general statutes
[1:10:56]
um the security bond requirement for a
[1:10:59]
semar is 100% of your project cost. And
[1:11:02]
I know you've had problems with other
[1:11:04]
projects in the past where there was
[1:11:06]
disagreements. Um, this requires the
[1:11:10]
contractor to to cover 100% of the cost.
[1:11:12]
If they walk away, you have the money
[1:11:15]
there to finish the project. Um, the
[1:11:17]
Semark does require open accounting
[1:11:20]
requirements. uh they have to have um
[1:11:24]
they have to be willing to open their
[1:11:26]
books for financial transparency for us
[1:11:28]
to look at anything u related to that
[1:11:30]
project.
[1:11:32]
Um it in increases collaboration
[1:11:38]
and create greater efficiency and
[1:11:40]
shorter time
[1:11:42]
bidding because if you have your
[1:11:45]
engineer and your architect and your
[1:11:47]
design construction firm working
[1:11:49]
together to come up with that price, you
[1:11:51]
have a better idea of what those value
[1:11:54]
added costs need to be when you're
[1:11:56]
estimating that project. Um the cons are
[1:12:00]
it is a liability for the town because
[1:12:03]
you have to make sure that your design
[1:12:05]
is completely 100% on point before they
[1:12:08]
go to the bidding part. Um it does have
[1:12:11]
an increased administration burden
[1:12:13]
because you are um collaborating with
[1:12:17]
all the parties u making sure that
[1:12:19]
everything is exactly the way it needs
[1:12:22]
to be and the way you want it and what
[1:12:24]
the way it meets the needs of the town.
[1:12:28]
Um there is a con that if you have an
[1:12:30]
inexperienced um construction manager
[1:12:34]
that you could result in construction
[1:12:36]
deficiencies, but if you do the correct
[1:12:38]
RFQ process
[1:12:40]
would eliminate uh you could eliminate
[1:12:44]
those deficiencies by making sure that
[1:12:47]
you're selecting the cor the qualified
[1:12:49]
individual to do.
[1:12:55]
So just as a project cost recap as I you
[1:12:58]
know we've already talked about here on
[1:13:00]
the left hand side uh preliminary cost
[1:13:02]
was approximately $3.1 million. Now
[1:13:05]
again I cannot stress enough the term
[1:13:08]
preliminary within this discussion
[1:13:12]
also with the current maintenance
[1:13:13]
facility upfit of approximately
[1:13:15]
$450,000.
[1:13:18]
Now is that you know what you all as
[1:13:21]
council are looking at looking for
[1:13:23]
giving us direction and guidance on
[1:13:25]
meeting the needs and expectations that
[1:13:27]
you all see for this that's a part of
[1:13:29]
this discussion as well but ultimately
[1:13:32]
we're trying to find an approach that is
[1:13:35]
transparent that makes sure that if we
[1:13:37]
are going to spend this money to help
[1:13:39]
benefit the community and help benefit
[1:13:41]
the town that we can be confident that
[1:13:45]
it is going to result in a project and a
[1:13:47]
product that we can be proud of. And so
[1:13:49]
that's a
[1:13:51]
and so that's just I wanted to go over
[1:13:54]
that a little bit right there.
[1:13:55]
>> So Matt, who s who who evaluated these
[1:13:59]
numbers? Who who generated these
[1:14:01]
numbers?
[1:14:02]
>> Uh these numbers were uh presented to us
[1:14:05]
by WGLA with ARCAD design. So again,
[1:14:08]
those were our two firms that came
[1:14:09]
together to pull together these number
[1:14:11]
uh the design, the needs assessment,
[1:14:14]
everything.
[1:14:16]
been accused of not speaking up before,
[1:14:18]
so I'm going to speak up. There's no way
[1:14:20]
in the world I'm going to sign up for a
[1:14:24]
$3.1 million maintenance bill. Everybody
[1:14:27]
hear me? I ain't going to do it. And if
[1:14:30]
you think them numbers are legit, I do
[1:14:32]
this every day.
[1:14:34]
That's way more than double for that
[1:14:37]
building. I know I can't build it
[1:14:39]
because I'm sitting in this seat, but
[1:14:41]
there is no way. Part of that 6600's
[1:14:44]
open shed, that open shed from there
[1:14:47]
over, concrete, post, uh, red iron and
[1:14:51]
all, you're probably looking at probably
[1:14:53]
$27,000
[1:14:55]
from that for that over. It's good to
[1:14:58]
have it, but these numbers are highly
[1:15:01]
inflated somewhere. now where I don't
[1:15:04]
know and I mean WGL I mean they was here
[1:15:07]
I didn't say a whole lot before but I've
[1:15:10]
been accused of not speaking up so I'm
[1:15:12]
speaking up now
[1:15:14]
and you could build this whole other
[1:15:16]
building right here for forfeit
[1:15:19]
let's update it I mean I don't get it I
[1:15:22]
don't know what's I don't know I do know we're sitting in a municipal
[1:15:28]
situation here and I know how that works
[1:15:31]
uh but if I'm looking after my people.
[1:15:34]
These numbers are highly inflated in my
[1:15:36]
opinion. I'm only one, but I'm speaking
[1:15:39]
up now.
[1:15:43]
» Yes, sir. And understand,
[1:15:45]
understandable. It's it's one of those
[1:15:46]
numbers, and I mean, I don't want to
[1:15:48]
speak uh for all the staff that was on
[1:15:50]
there, but it was surprising as an
[1:15:52]
understatement when we saw these numbers
[1:15:54]
as well. That's why, again, they're very
[1:15:57]
preliminary for that reason. And one of
[1:15:59]
the things that I liked about the
[1:16:01]
Seymour process as well is that there
[1:16:04]
are um clauses that are in there that if
[1:16:07]
you go out to the RFQ and and those
[1:16:09]
guaranteed max prices are let's just say
[1:16:11]
the guaranteed max prices are in these
[1:16:13]
numbers and you all as council do not
[1:16:15]
wish to move forward with that. What
[1:16:16]
that means is that we are going to go
[1:16:17]
back to the drawing board and find other
[1:16:19]
approaches for it. So it's these you're
[1:16:21]
not locked in to these values.
[1:16:24]
>> Problem with it Matt is we're having to
[1:16:26]
pay somebody to draw this stuff. We're
[1:16:28]
paying big money to have it draw at
[1:16:30]
least a 50%
[1:16:33]
>> to to
[1:16:35]
get these numbers back. So, we're going
[1:16:38]
to have a lot of money in it to maybe go
[1:16:40]
back to the drawing board again. And we
[1:16:42]
just heard tonight that that bothers
[1:16:45]
some people. Um,
[1:16:50]
» I got one quick question of this.
[1:16:53]
So what we've been presented the design
[1:16:56]
so far is what percent you you said
[1:16:59]
earlier you have to get to 50% in the
[1:17:01]
SEAR model before you can
[1:17:04]
>> put it out percentage are we at now like
[1:17:07]
what would you say that now?
[1:17:09]
>> So I I when I talked to Arcad design
[1:17:10]
they said you know maybe 10 maybe 15
[1:17:13]
tops depending on which one you're
[1:17:14]
looking uh if you're looking at the
[1:17:16]
maintenance facility.
[1:17:18]
>> Okay. Um, okay. Because would it not be
[1:17:23]
if we went with that model, would it not
[1:17:25]
be beneficial to come back and be like,
[1:17:29]
here's our wish list, here's our budget,
[1:17:33]
but have that have that both of those
[1:17:38]
lists or, you know, that number going
[1:17:41]
into it. Not I don't know. It does feel
[1:17:43]
a little bit backwards, like
[1:17:46]
>> we should go into it with a budget
[1:17:48]
>> versus just, oh, what is this going to
[1:17:51]
cost? Um,
[1:17:54]
I'm not in the construction business, so
[1:17:57]
I don't I mean, it does seem very high.
[1:17:58]
I I did build
[1:18:00]
a very nice part of my house for a lot
[1:18:02]
less than this, but um I I yeah, I I
[1:18:07]
just think we need to come up with like
[1:18:08]
a reasonable budget first
[1:18:11]
>> and then see what we can check off of
[1:18:13]
our list that we we want.
[1:18:16]
>> Understood. Yes, sir. So, the the the
[1:18:19]
direction that we received was to go
[1:18:21]
through the needs assessment and to see
[1:18:22]
what would meet those needs. So as of
[1:18:25]
right now that this is what's been
[1:18:28]
presented to us through the engineering
[1:18:30]
firm. That being said, and Julie can
[1:18:32]
speak more to this as well through the
[1:18:34]
research is that the um you can and in
[1:18:38]
fact right now technically as council
[1:18:40]
you all have set the budget that
[1:18:42]
reflects this based off of the FY27 actu
[1:18:47]
budget and then the fiveyearcip.
[1:18:51]
Um, so we have built in this into the
[1:18:53]
model that
[1:18:55]
ultimately though the and I believe
[1:18:58]
through some CMRs that we've seen as
[1:19:00]
well go in there with a budget set that
[1:19:02]
says this is the number. This is the
[1:19:04]
high end of the number. This is what
[1:19:06]
we're going to do and that's it. And
[1:19:09]
that's a legitimate approach. And I'm
[1:19:12]
going to turn over to Julie.
[1:19:15]
City of Charlotte actually has three out
[1:19:18]
there and they they said for the for the
[1:19:21]
three projects, these are the three max
[1:19:23]
prices. So, people aren't going to bid
[1:19:25]
if they're not going to be willing to
[1:19:27]
meet those those price points.
[1:19:30]
>> I did have one other quick question. Is
[1:19:33]
there a timeline deadline that you can
[1:19:36]
have in Semar? You can put in there,
[1:19:39]
here's my budget, you know, Mr.
[1:19:42]
Contractor. And also
[1:19:45]
um you have you know by
[1:19:49]
July 2028 I don't know some date it has
[1:19:52]
to be done
[1:19:55]
>> delivery date that's what you're asking.
[1:19:57]
Yeah. Like the delivery date for CO.
[1:19:59]
>> Yeah. So you that part of this is that
[1:20:02]
part of this
[1:20:04]
>> as long as it was a realistic number,
[1:20:05]
you could you'd have to give him some
[1:20:08]
weather date days and stuff like
[1:20:10]
>> Yeah. But I'm just saying you could in
[1:20:12]
the Sea model, you could put in that
[1:20:16]
they could bid on that with a date. So
[1:20:20]
right now at least from uh my research
[1:20:23]
and discussions on it the RFQ highlights
[1:20:26]
when the when the construction wants uh
[1:20:29]
the expected construction begin date. So
[1:20:32]
when the uh through the process the
[1:20:34]
Seymour puts together the project scope
[1:20:37]
and the cost and then it presents that
[1:20:40]
to the to uh to the organization to the
[1:20:43]
town. And so ultimately at that point
[1:20:46]
that's when the negotiations also happen
[1:20:49]
because it can be we want to start
[1:20:51]
January 2028 as an example and we want
[1:20:54]
it to be done by you know October of
[1:20:57]
2028 and then working with them to make
[1:21:00]
sure that meets that timeline.
[1:21:03]
>> That's a reasonable thing to
[1:21:05]
>> it may not be during the RFQ process. Uh
[1:21:07]
now we can I think we can put it in
[1:21:09]
there as what we uh what our you know
[1:21:11]
what our expected end date is but
[1:21:14]
ultimately through the process is when
[1:21:16]
they would design it and then we would
[1:21:18]
have to negotiate on what that um that
[1:21:21]
project timeline would look like.
[1:21:31]
So,
[1:21:32]
if we were to choose the design, bid
[1:21:36]
build
[1:21:37]
>> model, then we pay the money for the
[1:21:40]
design, then we put it out for bid.
[1:21:44]
>> Then the contractor that gets the bid
[1:21:46]
would build it. Someone has to make sure
[1:21:50]
someone has to do the inspection
[1:21:52]
and make sure everything is done
[1:21:55]
correct. That' take a lot of time,
[1:21:56]
wouldn't it? I mean, that's pretty much
[1:21:58]
have to be there anytime the
[1:21:59]
contractor's there. Is that something we
[1:22:01]
would contract out or we do that
[1:22:03]
inspection in house?
[1:22:05]
>> I would highly recommend for a project
[1:22:07]
such as this that if we did that, we
[1:22:09]
would we would go through an owner's uh
[1:22:11]
representative model for design, bid,
[1:22:13]
build. And so we would bring in either
[1:22:15]
an owner's representative model where we
[1:22:17]
would bid out to find someone or we
[1:22:19]
would lean very heavily on our on call
[1:22:20]
engineering services and do a task order
[1:22:22]
for them to do project management to
[1:22:24]
that point to be on site throughout
[1:22:26]
because uh yes council member the uh
[1:22:29]
making sure that we have eyes uh on that
[1:22:33]
project throughout that project making
[1:22:35]
sure that you know corners aren't being
[1:22:36]
cut that we're getting what we're paying
[1:22:38]
for is vitally important.
[1:22:41]
Is that the Is that the route we went
[1:22:43]
with the last shelter?
[1:22:45]
>> We went design bid, build on the last
[1:22:47]
shelter.
[1:22:49]
>> We didn't have We really didn't have
[1:22:51]
anybody overseeing that.
[1:23:01]
» So if going back to the Seymour
[1:23:03]
approach, if we tell them you got $3.1
[1:23:06]
million to bid to build this
[1:23:11]
I mean, from I I've got very limited
[1:23:14]
experience with Seymour. Um, that was
[1:23:17]
done when I worked at the city of
[1:23:18]
Asheville. And
[1:23:21]
the the people that I mean, someone's
[1:23:24]
going to take the risk. Someone's going
[1:23:26]
to take the risk. That's why I like
[1:23:28]
having state employees to maintain our
[1:23:30]
roads because rather than putting out a
[1:23:33]
contract where they're paying more, they
[1:23:35]
just work extra time to do it. So, they
[1:23:37]
take the risk. Um, if someone is bidding
[1:23:40]
in that risk,
[1:23:42]
you know, they're they're going to bid
[1:23:43]
that risk and that's adjust that's going
[1:23:46]
to affect the price. The 3.1 million is
[1:23:49]
turnkey with us not doing anything but
[1:23:52]
saying build it. Correct. That's that
[1:23:55]
includes the Semar cost and everything
[1:24:00]
>> the 3.1. So,
[1:24:02]
>> or is that just the materials and the
[1:24:04]
labor? This is this is a very
[1:24:08]
preliminary number
[1:24:10]
>> should be everything.
[1:24:11]
>> Yeah. So so this included yeah the
[1:24:13]
grading of the of the property. Yeah.
[1:24:16]
The the site prep the whole on your but
[1:24:18]
again incredibly preliminary
[1:24:21]
>> design and construction costs and
[1:24:25]
inspection and overseeing. That's the
[1:24:27]
total cost.
[1:24:30]
>> They they built in their total cost when
[1:24:32]
Yeah. That was their total cost
[1:24:33]
projection. They they did build in so
[1:24:37]
the model that the WGLA approached us on
[1:24:40]
which is a model uh uh they they leaned
[1:24:43]
in on one which was the design bid build
[1:24:45]
model. So the timeline that you saw
[1:24:47]
previously was the design build a design
[1:24:49]
bid build timeline. So there is
[1:24:52]
contingency that was built into that
[1:24:54]
preliminary number uh etc. Now you know
[1:24:57]
there as I mentioned the reason the
[1:24:59]
reason why I wanted to bring this to
[1:25:00]
your attention because I know it's a new
[1:25:02]
approach and I know that it's Um, I
[1:25:05]
wanted to put be put on your radar of
[1:25:07]
what those possibilities and options
[1:25:09]
are. As I mentioned though, the it is a
[1:25:12]
different model because the guaranteed
[1:25:15]
max price comes before construction
[1:25:18]
begins. So, but that being the highest
[1:25:20]
number that you're going to see can
[1:25:22]
sometimes be very, you know, very
[1:25:24]
difficult relative to the lower number.
[1:25:26]
But then working through the change
[1:25:27]
order process, not one one approach
[1:25:30]
isn't necessarily like going to change
[1:25:34]
uh uh drastically the the work. It just
[1:25:37]
depends to your point as you mentioned
[1:25:39]
who who's going to take and accept the
[1:25:40]
risk that is associated with that. And
[1:25:42]
so I would recommend because of our past
[1:25:45]
experience and also just because of
[1:25:46]
staff capacity that we we would do at
[1:25:50]
minimum if we did a design bid build
[1:25:52]
having an owner's rep that would be
[1:25:55]
speaking on our behalf to ensure like an
[1:25:58]
engineer to ensure that we are also not
[1:26:01]
missing anything from our end. So we
[1:26:03]
don't run into issues that we've had in
[1:26:04]
the past which is you know those uh
[1:26:08]
those arguments that we're then as a
[1:26:10]
town stuck in the middle of.
[1:26:12]
>> Typically they do those for a
[1:26:13]
percentage.
[1:26:14]
>> Sure.
[1:26:16]
[clears throat]
[1:26:16]
>> So if if our budget is $3.1 million
[1:26:21]
but the Seymar can get a price a lot
[1:26:24]
less than that
[1:26:26]
then we take the price. So
[1:26:29]
>> Huh. I don't think I No, I think we're
[1:26:31]
>> if we tell them we got $3.1 million,
[1:26:33]
it's going to come in at $3.1 million.
[1:26:35]
No matter who gets paid, right? Or do
[1:26:39]
they say, you know, we can bid, you
[1:26:42]
know, when we bid that out, it comes in
[1:26:43]
at $2.5 million including their fees,
[1:26:48]
then we don't have to spend the whole
[1:26:49]
3.1. That's what I'm saying. I If if you
[1:26:52]
send me Let me close this so my wife
[1:26:55]
can't hear me. If she sends me to the
[1:26:56]
store with $50 to come back with
[1:26:58]
groceries, I'm not bringing any money
[1:27:00]
back, right? Because I'm gonna I'm gonna
[1:27:04]
when I run out of milk and bread and
[1:27:07]
everything else, then we might go over
[1:27:08]
to the Doritos and the snack area. So,
[1:27:12]
I'm just saying if we tell them $3.1
[1:27:14]
million and it comes back at $3.1
[1:27:17]
million, whereas it could have come back
[1:27:19]
a whole lot less, is that a reasonable
[1:27:23]
is that my three minutes
[1:27:24]
>> to me in my experience and that never
[1:27:26]
happens.
[1:27:27]
>> Okay.
[1:27:28]
>> Just from bidding projects that we do,
[1:27:30]
>> we all know what they have as far as
[1:27:32]
money to spend on the project. No one's
[1:27:34]
going to put that amount in because you
[1:27:36]
want the business. So you're gonna try
[1:27:37]
to cut the other person and the other
[1:27:39]
person's gonna say, "Well, I know old
[1:27:41]
John, he always goes 10% below, so I'm
[1:27:43]
gonna go 15 because I want business."
[1:27:44]
Sure.
[1:27:44]
>> So it nobody's gonna come in at 3.
[1:27:46]
>> So it's not going to come in at 3.1
[1:27:48]
million. They're not going to say, "Oh,
[1:27:50]
there's a budget. I'm going to hit that
[1:27:51]
budget."
[1:27:52]
>> So okay, that was one of my concerns is
[1:27:54]
that, you know,
[1:27:56]
>> and the other thing I'll say, Mills
[1:27:58]
River Station 2, the last I heard is two
[1:28:01]
bays drive-thru, which is exactly what
[1:28:02]
this is. same square footage, you know,
[1:28:05]
living room, two bedrooms, kitchen, very
[1:28:07]
similar to this setup. It's more than
[1:28:09]
twice this.
[1:28:11]
So, I don't think 3.1 is actually
[1:28:14]
it's going to be close.
[1:28:17]
If I if I may, just real quick, with
[1:28:20]
this with this design also being 10 to
[1:28:22]
15%. This is showing what could be with
[1:28:25]
the potential cost meeting the needs
[1:28:27]
assessment. But again, we would be
[1:28:29]
putting out as a part of this process
[1:28:31]
bringing in a designer, an architectural
[1:28:33]
firm, just like you would during design
[1:28:36]
to build. You'd bring them in, but you
[1:28:38]
would then bring in the con, you would
[1:28:40]
bid out the construction manager at risk
[1:28:41]
at the same time. And so you bring both
[1:28:43]
of them into the room at the same time.
[1:28:45]
So this design, the layout, the
[1:28:48]
structure, all of it can look different
[1:28:50]
by the time it's done as well because
[1:28:53]
you all it ultimately it's your decision
[1:28:55]
as council what it is. isn't meeting the
[1:28:58]
needs that it is before it even goes out
[1:29:00]
to what the actual guaranteed max price
[1:29:02]
is. So again, that 50% we're using 3.1
[1:29:05]
million right now based off of what you
[1:29:06]
see before you and what their
[1:29:07]
estimations are does not necessarily
[1:29:09]
mean that that's what is going to
[1:29:11]
actually go out
[1:29:13]
uh as a guaranteed max price at the time
[1:29:15]
because this can very much change with
[1:29:17]
that extra 40%
[1:29:19]
and bringing those people in together to
[1:29:21]
talk about it. that just a caveat.
[1:29:25]
>> Who's going to be overseeing the project
[1:29:27]
if we do it with Semar?
[1:29:30]
Is it going to be the engineering firm
[1:29:32]
that's putting all this stuff together?
[1:29:34]
>> So, the Seymour process is uh is it's
[1:29:38]
ultimately a collaborative process. So,
[1:29:39]
we'd have a team inhouse, right? That
[1:29:42]
would be there.
[1:29:43]
>> Staff
[1:29:43]
>> that would that would be staff uh and it
[1:29:46]
would be because of because of the size
[1:29:47]
and scale of the project would be myself
[1:29:48]
and staff that would be on there. And
[1:29:50]
then it would also be um the
[1:29:52]
architectural firm and the Seymar. So
[1:29:55]
those all those entities would be
[1:29:57]
working in tandem. Ultimately we're the
[1:29:59]
owner. Ultimately we are the decider and
[1:30:02]
the one that signs off on these
[1:30:03]
projects. So um overseeing it ultimately
[1:30:06]
falls to us. So um but it like I said
[1:30:10]
it's a collaborative approach from the
[1:30:12]
beginning to try to make sure that we're
[1:30:13]
not going to be running into any issues
[1:30:14]
and try to work those out beforehand.
[1:30:16]
And I know I said this before, but I
[1:30:18]
just want to reiterate as well. The one
[1:30:20]
benefit of this process as well again if
[1:30:23]
you all wish to go with this route is
[1:30:26]
the fact that let's just say it gets up
[1:30:28]
to that 50%. 30% whatever that number
[1:30:31]
would be and it goes up to bit and it
[1:30:34]
just comes out way higher than what we
[1:30:37]
you all as council wish to spend at that
[1:30:39]
time. We have changing priorities that
[1:30:41]
have happened since then. There's
[1:30:43]
discussions that have to happen. Yes,
[1:30:44]
there's money that's within those
[1:30:45]
schematics that we would have and that
[1:30:47]
we would we would be able to have um
[1:30:50]
moving forward, but we may have to take
[1:30:51]
a step back and have a conversation
[1:30:53]
about timing of this uh prioritization
[1:30:57]
of of the project. Where do we need to
[1:30:59]
scale back and change based off of it?
[1:31:01]
Those conversations continue to happen
[1:31:03]
throughout. But to the mayor's point,
[1:31:05]
yes, you are putting in uh uh expenses
[1:31:09]
into getting it up to that to that 50%
[1:31:12]
level. It's not like a design bid build
[1:31:14]
though where it gets up to that to that
[1:31:16]
100% level before you then bid it out as
[1:31:18]
well.
[1:31:19]
>> Well, I've got a lot of heartburn with
[1:31:22]
$3.1 million to store lawnmowers and
[1:31:26]
equipment. I mean, that's a lot.
[1:31:31]
» That's my question here is we're
[1:31:32]
spending taxpayer money, not our
[1:31:35]
taxpayer money. And
[1:31:39]
you know,
[1:31:41]
I I
[1:31:43]
You know, I can see where we could spend
[1:31:46]
some of this money. We're talking about
[1:31:47]
spend on this building and other aspects
[1:31:49]
of this park. I know we got to we can't
[1:31:52]
get the cart in front of the horse, but
[1:31:54]
I don't know we got to have a
[1:31:57]
thoroughbred racehorse,
[1:31:59]
you know. I don't know that we got to
[1:32:01]
have that.
[1:32:07]
this thing is uh I know it meets it's my
[1:32:10]
understanding it meets uh architectural
[1:32:12]
review
[1:32:14]
but you know I don't know
[1:32:18]
and we'll have to do so because we're
[1:32:19]
within a th00and ft of uh 190 run
[1:32:23]
correct
[1:32:25]
Mike can you come up and want to join us
[1:32:38]
uh the language council adopted in the
[1:32:41]
UDO requires architectural elements for
[1:32:45]
any non-residential building in the
[1:32:47]
town. The way when we brought this up I
[1:32:50]
think back when it was drafted that we
[1:32:52]
wanted to be very clear on that that any
[1:32:54]
non-residential building must meet the
[1:32:57]
new architectural standards. the
[1:32:58]
distance was done away with.
[1:33:00]
>> But you don't think that'll be a down
[1:33:02]
zoning issue?
[1:33:04]
>> Well, because it's only applied to new
[1:33:05]
development.
[1:33:07]
>> Doesn't create nonconformities. Doesn't
[1:33:09]
apply to anything except someone who
[1:33:11]
applies to develop if the UDO is
[1:33:14]
adopted.
[1:33:17]
» If not, it's still within FE.
[1:33:21]
>> It's only 500 ft capital. But again,
[1:33:23]
that that was something we tried to
[1:33:25]
bring up with council. Gosh, I think it
[1:33:26]
was December or November. Um because I
[1:33:29]
knew that was probably going to be a
[1:33:30]
sensitive topic.
[1:33:31]
>> Gotcha. U
[1:33:36]
look at our town attorney. I mean, do
[1:33:38]
you agree with that? Is that not a
[1:33:40]
downzoning issue? It seems to me like
[1:33:42]
you're putting a new restriction on
[1:33:45]
someone's property, be it commercial or
[1:33:47]
not, but
[1:33:49]
>> downzone is specific to three types of
[1:33:52]
things. None. Okay. Right. just uh less
[1:33:55]
uses making something nonconforming and
[1:33:59]
I'd have to look at
[1:34:00]
>> density
[1:34:01]
>> and density. Yeah. So architectural
[1:34:03]
standards wouldn't create a down zoning
[1:34:05]
scenario.
[1:34:06]
>> I got okay
[1:34:23]
this tor
[1:34:25]
you know be honest with you I won't be
[1:34:27]
here when this takes place so
[1:34:32]
make sure we make wise decisions with
[1:34:34]
this money
[1:34:37]
would there be additional cost if we get
[1:34:39]
to the 50% and then we see it and you
[1:34:42]
know they get some bits back and and
[1:34:45]
then we go whoa you know we want to
[1:34:48]
change x y and z whether that's less or
[1:34:50]
more
[1:34:52]
um does that restart the design? You
[1:34:55]
know, then then you're going to get
[1:34:56]
another fee for it. Um
[1:34:59]
>> generally speaking, uh I can speak very
[1:35:02]
generally, uh is that the once it goes
[1:35:07]
out to bid once the design is at a 50%
[1:35:10]
threshold and and and oh, sorry, then
[1:35:13]
the guaranteed MA max price happens and
[1:35:15]
then like I said, they work through
[1:35:16]
that. the um
[1:35:20]
the the design at that point is what the
[1:35:22]
design is going to be at that point. So
[1:35:24]
like at that 50% threshold the the
[1:35:27]
Seymar is taking the risk of that other
[1:35:29]
50% but usually at that what from my
[1:35:32]
understanding and from my experience
[1:35:33]
that 50% is a it's a very conservative
[1:35:36]
number about what you should expect to
[1:35:38]
see at least on the big ticket items.
[1:35:40]
>> Yes. This building here the the the
[1:35:44]
chance of a change order is very slim.
[1:35:47]
It's so basic on the inside. You know,
[1:35:49]
there's the whole garage area is
[1:35:51]
nonheated as far as I'm as I understand.
[1:35:54]
And then you got the open space. You got
[1:35:57]
uh 3,20 ft of garage unheated.
[1:36:02]
You got 1635 heated and you've got 1945
[1:36:07]
outside.
[1:36:09]
So, I mean, that outside is what it is.
[1:36:12]
you, you know, other than if you wanted
[1:36:14]
to paint something a different color
[1:36:15]
after you seen it go on, it is what it
[1:36:18]
is. The inside of that garage, you know,
[1:36:20]
we'll get some details on how it's going
[1:36:22]
to be finished on the inside. I'm sure
[1:36:24]
it's going to be sheetrock
[1:36:26]
uh for fire coat. Um and the other is
[1:36:29]
basically like a house. you know,
[1:36:32]
if you took uh you know, Champion Hills
[1:36:37]
numbers and put $435
[1:36:40]
a square foot on that heated part.
[1:36:43]
And I mean, the garage section, you
[1:36:47]
know, I don't know. But then you just
[1:36:48]
got to figure out all the great and all.
[1:36:50]
See, we're going to have, you know, we
[1:36:52]
know there's going to be a lot of fuel
[1:36:53]
over there. Probably some geo grid, some
[1:36:55]
fancy footings to hold this building up.
[1:36:59]
So, where there's a lot of unknowns.
[1:37:00]
I'll be honest about the unknowns, but I
[1:37:04]
just don't see I don't know. I just
[1:37:07]
don't see it in it, you know.
[1:37:09]
>> Yeah, Mayor, you bring up a very good
[1:37:11]
point when it comes to the change
[1:37:12]
orders. Again, it goes back to Mr.
[1:37:13]
Moore's, Council Member Moore's
[1:37:15]
comments. It just really depends on
[1:37:17]
where you all as council wish to put the
[1:37:19]
risk associated with that. And so,
[1:37:22]
again,
[1:37:23]
>> there's not necessarily having a
[1:37:26]
somebody look over it. I'm not opposed
[1:37:29]
to that at all. I'm not.
[1:37:31]
>> Uh but you know, I think council and
[1:37:34]
whole, the five of us need to decide if this is the design we want or do we
[1:37:41]
think maybe it's a little bit much or,
[1:37:44]
you know, I me personally, I could live
[1:37:46]
without the roof popping through on a
[1:37:48]
maintenance building. I mean, I know
[1:37:50]
we're going to get a little light
[1:37:51]
through there. Uh but you know it would
[1:37:55]
be way cheaper to put a backup generator
[1:37:56]
over there than to pop that roof
[1:37:58]
through.
[1:37:59]
>> So
[1:38:02]
we got you know I think there's a few
[1:38:03]
things we just need to think about a
[1:38:06]
little bit before we
[1:38:08]
Yeah. And and it's just like this is a
[1:38:11]
kind of like our first concept. This is
[1:38:13]
really the only one we've seen and we
[1:38:15]
really can't I don't want to pay to have
[1:38:17]
15 of them brought in here either. But
[1:38:19]
if we need to tweak on it, I'd rather
[1:38:21]
tweak on it before it goes to bid than
[1:38:23]
it go to bid. Let's come back and try to
[1:38:25]
change it because really
[1:38:27]
it makes the bid process almost start
[1:38:29]
all over again.
[1:38:31]
>> If I may, mayor and I very good points.
[1:38:33]
The so normally in a normal Seymour
[1:38:37]
process, you bid out the design first.
[1:38:41]
You work with that designer a little bit
[1:38:43]
to get that needs assessment done, the preliminary sketches done and then
[1:38:48]
you bring in and you bed out the Seymour
[1:38:51]
and then through that process they work
[1:38:53]
together and then changes happen, right?
[1:38:56]
Again, coming before you, talking with
[1:38:58]
you about what those design elements
[1:38:59]
look like, understanding what you want
[1:39:01]
and what what you want to get rid of.
[1:39:03]
All of that is still part of that what
[1:39:05]
would be a normal traditional Seymour
[1:39:06]
process. We did it slightly differently
[1:39:09]
because we thought that again bas based
[1:39:12]
off a council's direction that you all
[1:39:14]
wanted to see those concepts and and
[1:39:16]
understand what again what a potential
[1:39:18]
price and what the needs assessment was
[1:39:20]
first. So we've done that through our on
[1:39:21]
call engineering services. So we haven't
[1:39:24]
bid that out right we did that through
[1:39:26]
the RFQ for engineer on call engineering
[1:39:28]
which is one of the things that they can
[1:39:29]
do. So we have this before you. So to
[1:39:32]
your point, mayor, yes, this is the only
[1:39:33]
one that you all have seen. The the when
[1:39:37]
we bid out or if we go this route and we
[1:39:40]
bid out the for the architectural firm,
[1:39:42]
they'll get this 10% piece, they'll get
[1:39:45]
the needs assessment documents that have
[1:39:47]
been all pulled together and then it's
[1:39:50]
their job that to also then take it to,
[1:39:52]
you know, and continue working through
[1:39:54]
that. That's why my recommendation would
[1:39:55]
be that if we did this to actually do
[1:39:57]
Seymar and design at the same time
[1:39:59]
because we've already done what the
[1:40:00]
designer would have done normally on the
[1:40:02]
back end to get it to this point. But
[1:40:05]
to your point, I think Brian Moffett
[1:40:07]
when he was here for the Arc of Design
[1:40:09]
even stated it's like the we can get rid
[1:40:11]
of the the the um the sunlights in
[1:40:15]
there. We can get rid of the the type of
[1:40:17]
sighting and go with a different type of
[1:40:19]
siding if it's uh if it's helpful. If
[1:40:21]
there's a layout change, those things
[1:40:23]
can still happen. Uh and you all will be
[1:40:26]
vi will be shaping that discussion as
[1:40:28]
well through that process.
[1:40:33]
This will be a part this would be a part
[1:40:34]
of the bid packet, but they would not be
[1:40:36]
bidding on building this specific thing.
[1:40:39]
It's building bringing them on to you
[1:40:42]
know at a 10% phase to see what you know
[1:40:45]
to go and move forward through the
[1:40:47]
actual construction.
[1:40:55]
If you'd like, we can also continue
[1:40:56]
using ARCA design for on call
[1:40:59]
engineering to continue tweaking this
[1:41:01]
concept. It does just we will have to
[1:41:04]
bid out
[1:41:05]
>> the arch
[1:41:06]
>> the architect. Yeah, we we are not able
[1:41:08]
to use them for much more than what
[1:41:10]
we've really been using them for now. So
[1:41:11]
that's where we have to be careful.
[1:41:19]
So we could have a another meeting with
[1:41:22]
them and say, "Hey, what can you do to
[1:41:23]
this to make it a little simpler?" You
[1:41:26]
know, still meet our needs and bring the
[1:41:28]
cost down, but keep it at 10%.
[1:41:32]
>> It's just it's just a concept plan.
[1:41:34]
>> Yeah, you can you can do that. And like
[1:41:36]
I said, you can also you can do it
[1:41:38]
either through that this phase or you
[1:41:40]
could do it with the actual
[1:41:41]
architectural firm if you bid it out. Um
[1:41:44]
the same conversations can happen either
[1:41:46]
way. Just it would be whether or not we
[1:41:48]
want to move forward with seeing what
[1:41:50]
the actual staying on the timeline that
[1:41:52]
was proposed.
[1:41:58]
» The trick to this whole thing is getting
[1:42:00]
the max amount of biders that we can.
[1:42:03]
Honestly,
[1:42:05]
you know,
[1:42:08]
that'll be the trick for this.
[1:42:11]
I'll change the subject just a little
[1:42:13]
bit, but I need to know. And we pretty
[1:42:16]
much through our needs assessment, we've
[1:42:18]
determined that there's no way to use
[1:42:22]
the building in the back or that we
[1:42:24]
think the building in the back has some
[1:42:26]
effect on our master plan. What was
[1:42:28]
that? I know we've had that discussion
[1:42:30]
before, but just bring it back up for
[1:42:32]
me.
[1:42:32]
>> The the dairy farm and the and the open
[1:42:34]
air
[1:42:34]
>> facing the twotory building.
[1:42:37]
>> Yeah. So, and I'm going Nicole, if I
[1:42:39]
may, I'm going to ask you to come up
[1:42:40]
here as well because you have much more
[1:42:41]
knowledge than me on this as well. For
[1:42:43]
the needs assessment piece, didn't
[1:42:45]
looked at what the needs were for us
[1:42:47]
expanding out there. Um, there had there
[1:42:50]
was no look specifically at the
[1:42:52]
buildings because that work has been
[1:42:53]
done prior.
[1:42:55]
>> Yeah, as part of the original master
[1:42:56]
plan process, we did have a structural
[1:42:58]
engineer come out and look at those
[1:42:59]
facilities and they were just not built
[1:43:01]
in a design um to meet the standards for
[1:43:05]
public use. So they're just
[1:43:07]
unfortunately
[1:43:08]
more than what we're using them for
[1:43:10]
which is just storing material
[1:43:11]
underneath it. We can never house staff
[1:43:14]
in those. We can never do any of those
[1:43:16]
sort of things in those existing
[1:43:18]
facilities because of the standard they
[1:43:19]
were built to.
[1:43:21]
>> Now that sepic system that's down there,
[1:43:24]
you know, that thing is rated for to
[1:43:26]
handle 500 kids per weekend. It was
[1:43:30]
designed for agurism.
[1:43:32]
Are we are at any point are we trying to
[1:43:36]
save that for any use for anything? Is
[1:43:38]
it
[1:43:40]
>> we during um the park master plan
[1:43:43]
expansion the work we're doing with
[1:43:45]
weather right now utilities all that has
[1:43:47]
been looked at and those are some of the
[1:43:49]
things that they've looked at of what of
[1:43:51]
that can be saved because even some of
[1:43:52]
the the well is something that we're
[1:43:54]
looking at potential irrigation right
[1:43:56]
that could save us a city of Henderson
[1:43:58]
bill if we can repurpose that well. So
[1:44:00]
that is something that we're currently
[1:44:02]
working through to look at to see what
[1:44:03]
we can reuse for those facilities.
[1:44:06]
>> Okay.
[1:44:13]
» So council's pleasure which way you want
[1:44:15]
him to move forward with this.
[1:44:17]
>> If I may may I just briefly just go to
[1:44:19]
this last slide. This is kind of what
[1:44:21]
the the timeline that we put together.
[1:44:24]
Again, this is all depending on if you
[1:44:26]
on the direction you give me give us,
[1:44:29]
but you know, we can bid out both of
[1:44:31]
these items together at the same time
[1:44:33]
actually in September. Going through
[1:44:35]
that, we could actually bring you all uh
[1:44:38]
we believe uh in November and actual for
[1:44:42]
council approval the firms for both the
[1:44:44]
design and the semar. So again,
[1:44:46]
depending on what that is ultimately is
[1:44:49]
your choice if you if you wish to move
[1:44:50]
forward or not. And then it's a quick
[1:44:54]
process. So, I'm going to say it's
[1:44:56]
contingent on design completion. As you
[1:44:58]
can see down here, we don't necessarily
[1:45:00]
have to meet the January timeline. We
[1:45:01]
actually got some clarification uh with
[1:45:03]
the LGC, but the LGC won't will not look
[1:45:06]
at uh our financial u options when it
[1:45:11]
comes to debt service until we have a
[1:45:14]
GMP guaranteed max price. So, December,
[1:45:18]
January, potentially getting you all to
[1:45:21]
that point, whenever that is, our goal
[1:45:22]
is to try to get it in front of the LGC
[1:45:24]
by uh February or March. It doesn't mean
[1:45:26]
we obviously have to spend the money.
[1:45:27]
It's just them getting the uh getting on
[1:45:30]
their work. And Julie can talk much more
[1:45:32]
about that process as well if you'd
[1:45:34]
like.
[1:45:48]
well as with our property tax valuation
[1:45:53]
what we have the potential to borrow. Um
[1:45:57]
if you remember when we talked about um
[1:45:59]
all of this stuff during the strategic
[1:46:01]
plan last year's audit showed that we
[1:46:05]
had a potential up to $10 million for um
[1:46:09]
based on property values that the res
[1:46:13]
had at that point. um don't know what
[1:46:16]
that number will be yet because it's
[1:46:17]
based on their final analysis of all the
[1:46:21]
values for 2026. So it could be up
[1:46:24]
slightly or could be down just slightly
[1:46:25]
from that. Um but they take all of that
[1:46:28]
into consideration and look at the audit
[1:46:30]
to see if there's any findings um that
[1:46:33]
would impact their decisions. Um and
[1:46:36]
then they look at um that grossing
[1:46:41]
max price and determine that based on
[1:46:45]
the financial stability of the town as
[1:46:47]
to whether or not they approve
[1:46:50]
for any debt.
[1:46:53]
>> Is it that was that 10 million um
[1:46:56]
additional or that's like 10 million
[1:46:58]
indebtedness minus what you already
[1:47:01]
have? It's your maximum amount
[1:47:05]
>> that you can that the town can carry.
[1:47:10]
» So essentially that goes up every year
[1:47:12]
anyway. You're paying down other debt.
[1:47:16]
>> Yeah. And just as a reminder for council
[1:47:18]
briefly as well, the reason why we're
[1:47:20]
looking at debt financing and debt
[1:47:22]
service for this is be to free up cash
[1:47:25]
and capital for the actual expansion
[1:47:27]
project because it's easier uh to borrow
[1:47:30]
against the facility than it would be
[1:47:32]
against the park expansion. So that's
[1:47:34]
why trying to trying to be uh
[1:47:37]
financially conscious on how we're
[1:47:39]
balancing both future funds and current
[1:47:41]
funds.
[1:47:43]
Matt, how much of these two uh
[1:47:47]
structures
[1:47:49]
u weigh into that fiveyear tax increases
[1:47:53]
because we was going to have to raise
[1:47:54]
how much was it?
[1:47:56]
>> So two full cents or if I remember
[1:47:59]
correctly two and a half. So if property
[1:48:02]
taxes stay the same based off of 2026
[1:48:05]
valuations or 2020 2025 valuations uh
[1:48:09]
because we're using that for 26 the uh
[1:48:11]
it would be 2 cents over 5 years so 17
[1:48:14]
to 19 in a stairst step model. Now again
[1:48:17]
that is subject to change based off the
[1:48:20]
actual valuation of the properties.
[1:48:27]
» Yeah. So yeah,
[1:48:28]
>> but there was other factors that uh
[1:48:32]
other than these two. Oh yeah.
[1:48:34]
>> Yes sir. Absolutely. So that so it
[1:48:35]
included this, it included all the
[1:48:37]
operating costs that we projected out to
[1:48:39]
run this facility, to run that facility,
[1:48:41]
the new uh a new staff member or two to
[1:48:44]
help with that. Uh it also took into
[1:48:47]
account the actual phase one approach
[1:48:49]
for park expansion as well. So all of
[1:48:52]
that all of the projects that we have
[1:48:54]
baked in. In fact, I think it also
[1:48:56]
included, and I apologize, not the
[1:48:58]
budget in front of me, um, preliminary
[1:49:00]
work on the town hall expansion piece as
[1:49:02]
well for staff. Yeah, thank you. And 31.
[1:49:05]
I knew Knew it snuck in there right at
[1:49:06]
the very end. Um, so it included all of
[1:49:08]
those major projects and initiatives
[1:49:10]
over the next five years.
[1:49:15]
» Reason I bring that up is, you know,
[1:49:16]
with the county raising theirs, I'm
[1:49:18]
hearing a lot about it from especially
[1:49:21]
the older residents. No,
[1:49:23]
>> this might just a little bit tougher on
[1:49:24]
the taste income. So,
[1:49:39]
» I'd be in favor of putting a RFQ out for
[1:49:41]
an architect.
[1:49:45]
» You looking for a motion on this or just
[1:49:47]
the consensus or how Probably motion
[1:49:49]
would be better on this one, would it?
[1:49:51]
Uh, I'm going to look at our clerk for
[1:49:53]
uh her guidance on this.
[1:49:58]
>> Yeah.
[1:50:00]
It does. If you're going to give
[1:50:02]
them guidance to throw out the RFQ,
[1:50:05]
uh, you can do it by motion. There's no harm
[1:50:09]
>> in doing that.
[1:50:11]
>> Yeah. Thanks.
[1:50:14]
in the form of a motion or
[1:50:16]
>> well do we want to go with Seymour or we
[1:50:17]
going to do bid
[1:50:20]
>> design bid build or Seymour?
[1:50:22]
>> Okay.
[1:50:26]
» Well, I think I think the time you
[1:50:29]
hire someone to oversee everything, the
[1:50:32]
design bid build is not going to save
[1:50:33]
you much money over the sea.
[1:50:36]
And at least the semar we've got the
[1:50:39]
guaranteed maximum price.
[1:50:42]
So,
[1:50:43]
I would say the design firm of the
[1:50:46]
Seymark.
[1:50:49]
That's my thoughts.
[1:50:56]
» Would that alleviate the problems we've
[1:50:58]
had in the past?
[1:51:00]
>> I believe it would.
[1:51:02]
>> It depends on it. Depends on that
[1:51:05]
person.
[1:51:07]
>> It's going to be betting
[1:51:10]
those folks.
[1:51:12]
Um the the biggest problem we've had in
[1:51:15]
the past is
[1:51:18]
architectural design
[1:51:21]
and it come to
[1:51:24]
tuition with what we actually got. So
[1:51:30]
I don't know and you can see it happen
[1:51:33]
here folks. You got that maximum bid. So
[1:51:37]
just be prepared. Tell's up front. I
[1:51:39]
won't be here, but I'm telling you
[1:51:41]
what's could happen is as they see
[1:51:43]
they're getting close on that number,
[1:51:45]
say if materials increase dramatically
[1:51:48]
from the time it's bid till the time
[1:51:50]
it's built because you got a few months
[1:51:52]
in there. Concrete goes up, paving goes
[1:51:55]
up, whatever.
[1:51:57]
They have to cut corners because they've
[1:51:59]
got a maximum number there. None of
[1:52:01]
this, nobody's going to eat any of this.
[1:52:03]
They're going to figure it out. They'll
[1:52:06]
change wire size. They'll change type of
[1:52:10]
light fixtures. They'll they'll cut
[1:52:14]
corners.
[1:52:15]
So, it's not like it's not like it's an
[1:52:19]
out out. You know, the the picnic
[1:52:21]
shelter down here is supposed to have a
[1:52:23]
tongue and groove. Well, it ended up
[1:52:26]
getting the 4x8 boards installed
[1:52:29]
instead.
[1:52:31]
Uh but that was just one of them things
[1:52:34]
that she just said, "Oh, it looks okay."
[1:52:37]
and let it slide. You know, it was drawn
[1:52:39]
one way. They installed something else,
[1:52:42]
but she was okay with it. She checked
[1:52:44]
the box.
[1:52:45]
You still have a little this happen, but
[1:52:48]
not much because the the architectural
[1:52:50]
design of this building. This thing has
[1:52:52]
got to pass code. So, it's going to have
[1:52:54]
county inspections. It's going to have
[1:52:57]
fire regulations because you got a
[1:52:59]
garage attached to office and break
[1:53:01]
rooms. So, you're going to have a
[1:53:03]
firewall. You're going to have a lot of
[1:53:05]
things that can't be changed even if
[1:53:07]
somebody wanted to.
[1:53:10]
But just know that you're whoever you
[1:53:13]
get and it can happen with the with the
[1:53:16]
uh first one also if we hired someone.
[1:53:20]
We got no guarantees that it'll all be
[1:53:22]
called looked over. So you just got to
[1:53:24]
go where you go.
[1:53:25]
>> We'll be council will be the one
[1:53:26]
selecting the architect, right? So it's
[1:53:28]
on us to do our due diligence to get the
[1:53:30]
right person.
[1:53:30]
>> Yeah. So yeah. So you all would be uh
[1:53:33]
ultimately deciding on the RFQ. We'd
[1:53:34]
bring it with you with our you know
[1:53:37]
there would be design standards. We
[1:53:38]
would bring it forward with
[1:53:40]
recommendations on uh on what that would
[1:53:42]
be. But yeah ultimately you would have
[1:53:44]
those options.
[1:53:45]
>> But then in a semar who is going to be
[1:53:50]
who then is boots on the ground to make
[1:53:52]
sure that we paid for five inches of
[1:53:54]
concrete and we didn't get three and a
[1:53:56]
half
[1:53:56]
>> the Seymour consultant or someone that
[1:53:59]
works for them. But somebody is
[1:54:03]
reliable.
[1:54:04]
>> Yeah,
[1:54:06]
>> that's why that's the 100% sure.
[1:54:08]
>> Yeah, but they do add that to the price.
[1:54:11]
They're not eating that either. So,
[1:54:14]
>> just know I'm just telling you up front
[1:54:16]
how it works. I mean, you're asking for
[1:54:18]
that security bond and it's a great
[1:54:20]
thing to have, but they're charging us
[1:54:22]
for it basically, you know, but it's not
[1:54:25]
a bad thing. It's like an insurance
[1:54:27]
policy we're have to pay for.
[1:54:34]
As I mentioned, this this this process
[1:54:36]
is one of the most conservative
[1:54:39]
approaches just because again that
[1:54:40]
guaranteed max price because of what
[1:54:42]
you're looking at. Um there is not
[1:54:44]
foolproof. It is based off of the RFQS
[1:54:47]
and how they're written. It's a based
[1:54:48]
off of how they are um the the responses
[1:54:52]
that come in. But ultimately both the
[1:54:55]
designers and the arch I'm both the
[1:54:57]
architectural firm and the semar report
[1:54:59]
to the town similar to the design bid
[1:55:02]
build uh which ultimately puts the the
[1:55:06]
and on us to be able to to ensure the
[1:55:10]
quality that's necessary whereas again
[1:55:12]
the design bid would not. But the one of
[1:55:15]
the benefits of this is at least
[1:55:17]
hopefully and from my understanding with
[1:55:19]
talking with many others who have done
[1:55:21]
this is that getting them in the room to
[1:55:22]
talk at the same time, the architectural
[1:55:24]
firms and the construction manager at
[1:55:26]
risk at the same time alleviates a lot
[1:55:29]
of those concerns and ultimately
[1:55:31]
hopefully cuts out a lot of those
[1:55:34]
cutting corners later on because those
[1:55:36]
conversations have happened as a part of
[1:55:37]
the guaranteed bid I mean uh the
[1:55:39]
guaranteed max price as well. So nothing
[1:55:43]
is foolproof. Are you guys used guys are
[1:55:46]
you guys getting assistance on uh
[1:55:48]
writing the RFQ?
[1:55:50]
>> Yes. And also we have ALS we also have
[1:55:53]
great assistance right over here and uh
[1:55:55]
Mr. Brian Golden as well helping us with
[1:55:57]
that.
[1:56:00]
>> The only thing I'd say is I hope council
[1:56:01]
no matter which way we go right here
[1:56:03]
before this motion is actually
[1:56:04]
officially made is just we work on
[1:56:07]
trying to work with the architectural
[1:56:09]
firm to reduce some of this cost if
[1:56:12]
possible.
[1:56:14]
you know, not move this over this tax
[1:56:17]
burden onto our taxpayers and and hear
[1:56:19]
about it. I mean, we need the facility,
[1:56:22]
but we don't need uh a firehouse to to
[1:56:26]
work maintenance out of. Okay. Well,
[1:56:28]
let's just work with it. See what we can
[1:56:30]
figure out. There's anywhere we can cut
[1:56:33]
it, not hurt it. We need the space. We
[1:56:36]
need all the space we can get.
[1:56:40]
So that's going to involve lots of talks
[1:56:43]
with you all to make sure that we're
[1:56:45]
meeting your needs.
[1:56:52]
» Okay, I'll entertain a motion.
[1:56:56]
>> So I make a motion to uh allow staff to
[1:56:59]
create the RFQ for architect design firm
[1:57:02]
in the Seymour.
[1:57:04]
You
[1:57:04]
>> need authorization to sign
[1:57:07]
no sir. Hey, you you all are the
[1:57:10]
authority to sign. Second.
[1:57:12]
>> Yeah, I'll second that.
[1:57:14]
>> All right. Any more discussion?
[1:57:17]
Hearing none. All in favor?
[1:57:20]
>> I'll see it.
[1:57:21]
>> Any opposed?
[1:57:24]
None. All right.
[1:57:27]
Thank you, council.
[1:57:31]
All right. Uh whenever staff gets
[1:57:34]
resituated, we'll move on to our
[1:57:36]
appointment of our board of adjustment
[1:57:38]
board member and second alternate
[1:57:41]
position. We got three applicants.
[1:57:50]
Okay. On the board of adjustment, um you
[1:57:53]
have a board member and a second
[1:57:55]
alternate position to fulfill. And these
[1:57:58]
would be terms that um current they had
[1:58:01]
someone and the person had to resign.
[1:58:04]
One person moved out of town, the other
[1:58:05]
one had to resign for unknown reasons.
[1:58:08]
But these would be to complete those
[1:58:09]
terms
[1:58:11]
and council's been given the um
[1:58:14]
applications.
[1:58:21]
» Yes, sir.
[1:58:23]
>> Some good applications.
[1:58:25]
>> They were good applications.
[1:58:27]
Which one are you looking at doing
[1:58:29]
first? The board of adjustments.
[1:58:30]
>> Yeah. Okay.
[1:58:31]
>> Yeah. We're on We're onbody
[1:58:37]
got a recommendation.
[1:58:39]
>> So, I'll make a motion to appoint Sonia
[1:58:40]
McCall to
[1:58:43]
uh fill out the position resigned by
[1:58:47]
uh term expiring in November 18, 2027.
[1:58:53]
that the Brad Burton position. I guess
[1:58:55]
he was on He was actually Yeah. Okay. I
[1:58:58]
was trying not to say it.
[1:58:59]
>> Oh, I'm sorry.
[1:59:02]
>> Thought
[1:59:06]
motion by second.
[1:59:07]
>> So, we're doing two. This is two one one
[1:59:12]
board and one.
[1:59:13]
>> Yeah.
[1:59:13]
>> Well, there's two positions open. I'm
[1:59:15]
just right now I'm doing the first
[1:59:16]
position, which is the three the
[1:59:18]
three-year term expiry. So,
[1:59:22]
which would be a board member.
[1:59:34]
» Uh yeah, a second is one.
[1:59:39]
>> Second.
[1:59:40]
>> Okay. Any discussion?
[1:59:42]
Yes.
[1:59:45]
All right. All in favor? I
[1:59:48]
>> Any opposed? Fair enough. Okay.
[1:59:52]
All right.
[1:59:55]
Look at our second hold in a position
[1:59:58]
that that's been open for a a while,
[2:00:01]
right?
[2:00:01]
>> Uh that's Mr. Ross.
[2:00:03]
>> Yes. Yeah.
[2:00:05]
>> So,
[2:00:06]
>> um I make a motion for Jacob Hagerdorn.
[2:00:10]
>> Okay.
[2:00:10]
>> For the alternate for the board of
[2:00:12]
adjustments.
[2:00:14]
>> I'm looking for a second.
[2:00:16]
I got one more question again. Uh did we
[2:00:19]
tell them that that this could either be
[2:00:21]
an alternate or a board or we didn't say
[2:00:25]
>> um
[2:00:26]
>> they applying were these three
[2:00:27]
applicants applying for a board member
[2:00:29]
or alternate?
[2:00:31]
>> I just brought you the applications that
[2:00:32]
I had on file.
[2:00:37]
» Second.
[2:00:38]
>> Okay. Discussion. Uh does anybody talk
[2:00:42]
to Was you able to talk to Jacob?
[2:00:44]
>> I did reach out and speak with him. Uh,
[2:00:47]
did he mention he is okay with the
[2:00:49]
alternate position or did it ever get to
[2:00:50]
that?
[2:00:51]
>> I didn't ask that.
[2:00:52]
>> Okay.
[2:00:54]
All right. Any more discussion? Second.
[2:00:57]
All in favor?
[2:00:58]
>> I. Any opposed? Hearing none.
[2:01:04]
Right. Uh, let's move on down to D,
[2:01:06]
appointment of the egg advisory uh,
[2:01:08]
committee. Currently, Bert Limus.
[2:01:12]
I make a motion that we keep Bert Limus
[2:01:15]
on the agricultural ward.
[2:01:19]
>> Okay, you got a first. How about a
[2:01:20]
second?
[2:01:21]
>> Second.
[2:01:22]
>> All right, got a second. Any discussion?
[2:01:25]
>> All in favor? I
[2:01:30]
» Okay, moving on to e uh appointment of
[2:01:33]
the agra culture advisory committee for
[2:01:36]
Bradley Johnston.
[2:01:39]
My understanding Bradley does not want
[2:01:40]
to serve that. Anybody else served that?
[2:01:43]
>> I did.
[2:01:44]
>> Okay. Two.
[2:01:45]
>> Okay.
[2:01:47]
>> I'd like to appoint Mr. Hoy to the
[2:01:52]
board.
[2:01:52]
>> All right.
[2:01:54]
>> August second.
[2:01:57]
>> Got a motion. Got a second. Uh
[2:02:01]
all in favor or any discussion? Anybody
[2:02:03]
got any discussion on that one?
[2:02:05]
>> All for Mills River Residents.
[2:02:07]
>> Peace. What?
[2:02:08]
>> I said I'm all for Mills River
[2:02:09]
residence.
[2:02:09]
>> Okay. All right. All in favor?
[2:02:12]
>> I I
[2:02:17]
» All right. Uh, if we can keep going
[2:02:20]
here, we're on roll. Uh, we'll need to
[2:02:22]
amend the 2026-20.
[2:02:26]
We'll need a little help with that one.
[2:02:28]
Got it right here somewhere.
[2:02:40]
just
[2:02:47]
so on last meeting's consent consent
[2:02:50]
agenda um there was a resolution to use
[2:02:53]
state contract for um the John Deere
[2:02:55]
mower going through that process we've
[2:02:58]
um learned we're also eligible for
[2:03:00]
source well so we are um there's Both
[2:03:03]
are really good pricing. We're not sure
[2:03:05]
kind of which one's coming back lower.
[2:03:06]
So, we would like just permission to do
[2:03:08]
both of those. So, we can just go with
[2:03:09]
the low speed. So, pretty much as simple
[2:03:11]
as that. We want to have both options
[2:03:13]
and then we'll
[2:03:14]
>> amend it to allow for both
[2:03:16]
>> to both.
[2:03:18]
>> Yeah.
[2:03:20]
>> Uh I think we've got something here on
[2:03:23]
our paper.
[2:03:24]
>> Yeah. So, I move to amend resolution
[2:03:26]
2026-20.
[2:03:28]
Let's presented amended resolution
[2:03:29]
2026-20.
[2:03:31]
Uh motion.
[2:03:35]
» So all the was just add or source well.
[2:03:39]
>> Okay. And that's good catch. Might save
[2:03:42]
it all.
[2:03:42]
>> Yep.
[2:03:43]
All in favor.
[2:03:45]
>> All right. Any opposed? Hearing none.
[2:03:48]
>> Okay. We're moving on to G to adopt
[2:03:51]
2026-28.
[2:04:10]
Um this goes along with the um contract
[2:04:14]
that you approved in the consent agenda.
[2:04:16]
We are trying to move away from global
[2:04:18]
payments for financial and customer
[2:04:21]
service reasons. Um because of software
[2:04:24]
restraints, all paid could take on our
[2:04:28]
civic wreck and smart go software. Tyler
[2:04:32]
Technologies only allows two uh merchant
[2:04:36]
processors, the credit card processors
[2:04:38]
to fully integrate with their system and
[2:04:41]
global payments is one and their own
[2:04:44]
Tyler payments is the other. The bonus
[2:04:46]
of doing Tyler payments is that we can
[2:04:48]
actually do e checks which would be I
[2:04:51]
think 250
[2:04:53]
um which a lot of our residents have
[2:04:54]
been asking for the last few years
[2:04:56]
because the county does them. So, it' be
[2:04:59]
a nice service to offer.
[2:05:02]
>> And just as one final note, Tyler
[2:05:04]
Technologies is also the the financing
[2:05:06]
system that we currently use in house
[2:05:08]
for uh for both uh finance and tax. So
[2:05:13]
>> and the credit card fees with global
[2:05:14]
payments has gotten to be astronomically
[2:05:18]
unattainable for
[2:05:21]
residents to carry burden for that. So
[2:05:25]
uh item J was to move city direct and
[2:05:28]
smart go as Christine mentioned and this
[2:05:30]
will lessen that burden um on the
[2:05:34]
residents using Tyler Tyler payments for
[2:05:38]
the
[2:05:39]
>> technology credit card. use of tax
[2:05:41]
collection.
[2:05:42]
>> Okay.
[2:05:44]
>> I move to adopt resolution 2026-28 as
[2:05:47]
presented.
[2:05:48]
>> Second.
[2:05:49]
>> I'll second.
[2:05:50]
>> Any discussion?
[2:05:52]
Everybody understand? All right. All in
[2:05:54]
favor?
[2:05:55]
>> I. Any opposed? Thank you.
[2:06:00]
I entertain a motion to adjourn our
[2:06:02]
regular meeting.
[2:06:04]
>> Make a motion to adjurnn a regular
[2:06:05]
meeting.
[2:06:06]
>> Second.
[2:06:08]
>> That's it.
[2:06:09]
All in favor? I. Any opposed?
[2:06:13]
>> Make a motion to enter a business
[2:06:14]
meeting.
[2:06:16]
>> And James second. All in favor?
[2:06:20]
>> Any opposed? You're not.
[2:06:22]
>> Yeah. So, mayor and councel, there's
[2:06:25]
nothing in the business meeting for
[2:06:27]
tonight of that that we had identified.
[2:06:30]
Uh so really for you all whether or not
[2:06:34]
there's any items that you have any
[2:06:35]
questions about or anything you would
[2:06:36]
like for us to look at moving forward.
[2:06:38]
You can see we did put both September
[2:06:40]
10th September 24th meetings. These are
[2:06:42]
very preliminary. Uh I feel like that's
[2:06:44]
the word of the night. Um agendas as
[2:06:47]
well, but just showing you what we as
[2:06:49]
staff are working on right now. Uh so if
[2:06:51]
you have questions about that or any
[2:06:52]
other items, we're happy to discuss.
[2:06:55]
like to discuss uh specifically
[2:06:58]
warehouse heights in either in the UDO
[2:07:02]
or
[2:07:04]
uh possibly like a moratorum to get
[2:07:08]
through it. But um there's a lot of
[2:07:12]
chatter about some of that and I think
[2:07:14]
we need to
[2:07:17]
proactively look at it. I would like um
[2:07:20]
if
[2:07:22]
we could get what it is now, what the UI
[2:07:26]
has in it, you know, as it stands right
[2:07:29]
now, what we can do that's not a down
[2:07:32]
zone. Um
[2:07:36]
I'd like to weigh our options on that
[2:07:39]
one.
[2:07:49]
So I would make me have a question.
[2:07:53]
Could we um the town attorney answer if we do that could we exclude portions
[2:08:02]
of the town like could we not put a
[2:08:04]
moratorium on like our Franklin Park
[2:08:07]
where it's a a business
[2:08:11]
area anyway?
[2:08:16]
So right, there's some certain things
[2:08:19]
that you all have to consider when
[2:08:20]
you're looking at uh adopting or passing
[2:08:24]
a moratorum. And and the first thing is
[2:08:26]
what is the evil you're trying to
[2:08:28]
prevent? And so if generically we were
[2:08:30]
going to say no commercial warehousing
[2:08:34]
buildings,
[2:08:36]
what is it that we're trying to prevent?
[2:08:37]
Right? So some some people now the big
[2:08:39]
thing are these data centers. So the
[2:08:41]
moratorium on the data centers but if we
[2:08:44]
are trying to prevent largecale tall
[2:08:47]
warehousing buildings we could limit it
[2:08:50]
to moratoriums on height and size of
[2:08:53]
buildings but still other small
[2:08:56]
warehousing buildings. Me I want to
[2:08:58]
build a warehouse uh for my lawnmowers.
[2:09:02]
uh and if it's less than 2500 square f
[2:09:04]
feet, I ought to be able to do it as
[2:09:06]
opposed to having all warehousing
[2:09:08]
buildings uh under this moratorum. So,
[2:09:13]
Councilman Canrell, you said height,
[2:09:15]
right? If that if that's what you're
[2:09:16]
worried about, uh it could be over three
[2:09:19]
stories, over two stories, over 30 feet,
[2:09:21]
over 35 feet. If you're Brian, if you're
[2:09:26]
worried about uh large buildings over
[2:09:29]
25,000 square feet, you know, you could
[2:09:32]
come up with a number, there needs to be
[2:09:36]
because in the moratorum, you have to
[2:09:38]
identify what it is you are trying to
[2:09:40]
prevent and how much time you're going
[2:09:42]
to need to find that cure. And again, I
[2:09:46]
don't know, Mr. Malichek's going to tell
[2:09:48]
us like what the new UDO says about
[2:09:52]
certain warehousing buildings and size.
[2:09:55]
Um, right? Because again, you're talking
[2:09:57]
about making non-conform you're making
[2:10:00]
non-conforming uses, uh, decreasing
[2:10:03]
density and the the number of uses
[2:10:06]
allowed on on property. So size of the
[2:10:10]
building may not create a uh
[2:10:12]
nonconforming or a downzoning situation.
[2:10:17]
But but moratoriums aren't just designed
[2:10:20]
to
[2:10:22]
prevent all commercial buildings
[2:10:25]
until we get the UDO passed. We are
[2:10:28]
working towards some regulations on the
[2:10:31]
UDO. I just don't know what the concerns
[2:10:33]
are. But moratoriums are designed to
[2:10:35]
pump the brakes so that we can address
[2:10:38]
the evils that are lurking out there. We
[2:10:40]
just have to figure out what those evils
[2:10:42]
are.
[2:10:44]
>> Uh Mr. Malachic,
[2:10:48]
» how many evils can be in one moratorium?
[2:10:51]
>> Yeah. Yeah. I mean, [laughter]
[2:10:54]
so I mean the the the height and the
[2:10:56]
square footage of a of a building. I
[2:10:58]
mean, we don't want I if you are worried
[2:11:01]
about someone coming in putting in a
[2:11:03]
sevenstory warehouse building that is
[2:11:07]
30,000 300,000 square feet I that that
[2:11:11]
seems huge but I mean it could happen um
[2:11:15]
that those two evils in a moratorum
[2:11:18]
could be prevented but if you were to
[2:11:20]
say any warehouses and I don't know why
[2:11:22]
I'm call saying warehouses but if you're
[2:11:24]
going to say no warehouses
[2:11:27]
um in the town of Mills River under this
[2:11:30]
moratorum. We would have to be very
[2:11:32]
specific why we're saying no warehouses
[2:11:34]
at all because if I wanted again build a
[2:11:37]
warehouse for my
[2:11:39]
car and uh riding lawnmower
[2:11:43]
um that moratorium would prevent that
[2:11:46]
and is that really what we're looking to
[2:11:48]
prevent? So I think the biggest
[2:11:50]
complaints was obviously
[2:11:52]
that banner farm schoolhouse which one
[2:11:55]
>> sorry. Yeah.
[2:11:56]
>> Um
[2:11:57]
>> so what is the current regulations or
[2:11:59]
what was that built to?
[2:12:00]
>> So current [clears throat] zoning rules
[2:12:02]
for light industrial allow up to 80 foot
[2:12:05]
tall structures or buildings. So that
[2:12:08]
was was what was applied to that uh
[2:12:10]
development. And [clears throat] then
[2:12:11]
because we required the architectural
[2:12:13]
drawings, excuse me,
[2:12:16]
I actually looked them up. That building
[2:12:18]
runs between 38t to 42 feet tall
[2:12:22]
depending upon which corner you're
[2:12:23]
measuring from. It's [clears throat]
[2:12:26]
slightly It looks slightly higher, too,
[2:12:28]
because they put two to three feet of
[2:12:30]
fill on the site because there was a
[2:12:32]
high water table. So, the storm water
[2:12:34]
device wasn't going to function
[2:12:36]
correctly. Um, so that contributed to it
[2:12:38]
as well. The original UDO which was
[2:12:41]
invalidated had decreased the light or
[2:12:44]
sorry the industrial uh zoning district
[2:12:47]
height to 35 feet or two stories but
[2:12:50]
[clears throat] as part of the
[2:12:51]
downzoning amendment the final draft
[2:12:54]
sent out to you guys today we preserved
[2:12:58]
all the dimensional standards that are
[2:13:00]
in our current zoning district. So the
[2:13:03]
draft UDO says 80 ft and I would defer
[2:13:06]
back to the town attorney, you know, is [clears throat] being stricter with
[2:13:12]
dimensional requirements for a building.
[2:13:14]
Is that a down zoning?
[2:13:18]
In our approach, the consultant and I,
[2:13:20]
you know, we were very conservative and
[2:13:22]
so we preserved uh setbacks, heights,
[2:13:25]
basically any dimensional standard in
[2:13:27]
the code. Now,
[2:13:33]
» did you want to address that?
[2:13:35]
>> Yeah. So, the the I I was just I'm I'm
[2:13:38]
pulling up the exact language of 607.
[2:13:43]
» Yeah. So, our approach to amending the
[2:13:46]
UDO to become downzone and compliant. We
[2:13:48]
took very conservative approach, you
[2:13:51]
know, to avoid any type of legal
[2:13:52]
challenge. So the dimensional standards
[2:13:54]
in our code now again setbacks, height,
[2:13:58]
building separation, whatever it may be,
[2:14:00]
those are all carried forward into the
[2:14:02]
new amended UDO down zoning compliant
[2:14:05]
the draft that was just sent to you guys
[2:14:07]
today. So it's 80 ft in that draft. It
[2:14:10]
was 35 ft or two stories in the
[2:14:12]
rescended or nullified version.
[2:14:17]
I mean, the specific language of 160D
[2:14:20]
601 uh specifically talks about
[2:14:22]
downzoning decreasing the de development
[2:14:25]
density of the land to be less dense by
[2:14:27]
reducing the permitted uses of the land
[2:14:31]
uh to fewer than were allowed under the
[2:14:33]
previous usage or creating any type of
[2:14:37]
nonconformity on land not in a
[2:14:39]
residential zoning district.
[2:14:42]
>> That may be the one.
[2:14:44]
But but you're you're talking about new
[2:14:46]
development going forward.
[2:14:48]
>> But the but the zoning district
[2:14:49]
dimensional standard period across the
[2:14:52]
board while it's applied to new
[2:14:53]
development.
[2:14:55]
>> Okay.
[2:14:55]
>> The threshold lower.
[2:14:57]
>> I think that's was the concern.
[2:15:00]
>> Yeah. Not but but but the MRMU is a
[2:15:04]
residential district because it allows
[2:15:06]
res
[2:15:07]
>> No, mixed use is a is a commercial.
[2:15:09]
>> You don't allow any residential uses in
[2:15:11]
the mixeduse district. No, we allow
[2:15:12]
residential uses, but we allow
[2:15:14]
everything else
[2:15:17]
>> by creating a type of non-conformity on
[2:15:19]
land, not in a residential zoning
[2:15:21]
district. Do you allow residential
[2:15:24]
structures to be built in the MRMU?
[2:15:26]
>> We do, but I think we're also talking
[2:15:28]
about industrial
[2:15:30]
I don't
[2:15:31]
>> would you I mean, so here here is the
[2:15:34]
argument. this this downzoning
[2:15:36]
legislation as poorly written as it is
[2:15:39]
right says that you can't create
[2:15:41]
nonconformities
[2:15:43]
on land not in a residential zoning
[2:15:45]
district. If the MRNU MRMU is a
[2:15:49]
residential zoning district because it
[2:15:51]
allows residential uses
[2:15:54]
by decreasing the height or the size of
[2:15:57]
a of a warehouse. Are we creating a
[2:16:01]
nonconformity on land not in a
[2:16:03]
residential zoning district? You can
[2:16:05]
have warehouses in NM MRMU. You can have
[2:16:09]
structures, residential structures
[2:16:12]
built. So I I can't tell you here
[2:16:15]
because there is no case law as to say
[2:16:18]
residential zoning districts. So I think
[2:16:20]
what Mike's saying is he and Chad were
[2:16:23]
trying to be very conservative. Can you
[2:16:25]
still do a moratorium on it until you
[2:16:28]
could come up with the
[2:16:31]
either answer for that or some other
[2:16:34]
call it workaround? You know, I want to
[2:16:36]
be able to see the sun on your property
[2:16:38]
for more than four minutes.
[2:16:40]
>> Yeah. If if that is and I just pulled
[2:16:42]
out some old nodes. Again, it it in
[2:16:45]
order to adopt a uh moratorum, you have
[2:16:49]
to have the statement of the problem or
[2:16:50]
conditions necessitating the moratorum.
[2:16:53]
So could you still adopt a moratorum to
[2:16:59]
prohibit heightened size of those
[2:17:01]
facilities if that is if there is a
[2:17:04]
specific problem or condition
[2:17:06]
necessitating the moratorum and then it
[2:17:09]
says you have to have a statement of the
[2:17:10]
development approvals subject to the
[2:17:12]
moratorum and how those approvals will
[2:17:15]
address the problems and conditions. So,
[2:17:17]
I don't know that you could say we want
[2:17:20]
a moratorum so the town's attorney can
[2:17:23]
do some legal research.
[2:17:25]
>> I wouldn't say that. I would leave that
[2:17:27]
up to you. [laughter]
[2:17:29]
>> Well, um, so again, I I mean, there are
[2:17:33]
municipalities out there that have
[2:17:36]
allowed residential structures in all of
[2:17:40]
their districts so that they can try to
[2:17:43]
get around this
[2:17:45]
downzoning prohibition. So in MRLI we
[2:17:49]
don't allow residential,
[2:17:50]
>> right?
[2:17:50]
>> So if we allowed residential in MRLI,
[2:17:53]
then we avoid this.
[2:17:55]
That is
[2:17:57]
>> that is a potential legal argument that
[2:18:00]
you could make, but you don't allow it.
[2:18:02]
Right? So that fits exactly to what this
[2:18:04]
says by creating a type of nonconformity
[2:18:07]
on land, not in a residential zoning
[2:18:10]
district. If the light industrial
[2:18:12]
doesn't allow resident residential
[2:18:14]
structures, it's not a residential
[2:18:15]
zoning district. So you can't create any
[2:18:18]
type of nonconformity,
[2:18:20]
which would be reducing the height or
[2:18:22]
the size of a building.
[2:18:24]
>> But if those are the tallest buildings,
[2:18:28]
the tallest warehouses in LA industrial
[2:18:32]
and we know they're less than 45 ft
[2:18:34]
tall, could we change that max from 80
[2:18:37]
to 45? We haven't created a
[2:18:39]
nonconformity and we're a little better
[2:18:41]
off than having 80 foot tall warehouses.
[2:18:46]
» You you could try that. The only thing
[2:18:48]
that I'm saying is there is no case. All
[2:18:50]
this down zoning legislation this
[2:18:52]
downzoning legislation is so new hasn't
[2:18:54]
been challenged in court.
[2:18:57]
>> If somebody wants to challenge it,
[2:19:00]
>> they can. So if we want to do a
[2:19:01]
moratorium on commercial warehouses with
[2:19:05]
a height building height restriction of
[2:19:06]
45 ft
[2:19:08]
>> anything a moratorium for those
[2:19:10]
buildings over 45 ft
[2:19:12]
>> for 6 months.
[2:19:15]
>> Yeah. Yes, I think you could do that.
[2:19:16]
>> Okay.
[2:19:17]
>> As long as we can come up with statement
[2:19:18]
of the development approval subject to
[2:19:20]
the mortorium and how the moratorum on
[2:19:22]
those approvals will address the
[2:19:24]
problem.
[2:19:24]
>> What about 30 ft?
[2:19:27]
was 45 ft what we got and all we hear is
[2:19:30]
about those. I'm just trying to I'm just
[2:19:34]
trying to There's a lot of chatter that
[2:19:36]
more of those are coming and I'm trying
[2:19:38]
to make them a little bit more
[2:19:40]
beautiful.
[2:19:42]
>> I'm
[2:19:45]
Yeah. 45 ft 30 feet. if there is a
[2:19:48]
particular evil that you're trying to
[2:19:50]
address
[2:19:52]
because of that.
[2:19:54]
>> I mean,
[2:19:57]
>> yeah, I'm just I'm I'm trying to like
[2:19:59]
reasonably not, you know, be more than
[2:20:03]
11 ft,
[2:20:07]
but it seems like those are too tall for
[2:20:10]
what we would want to see.
[2:20:16]
I mean
[2:20:19]
if it gets challenged it's defensible.
[2:20:23]
We would have to create a moratorum that
[2:20:25]
satisfies all of the statutory
[2:20:28]
requirements under 160d
[2:20:30]
107 I think
[2:20:32]
and then we would have to create a
[2:20:36]
reasonable solution as to what we are
[2:20:41]
trying to prevent. So, and I and if I
[2:20:44]
was going to challenge it, I'm no lawyer
[2:20:46]
by no means, but you know, I would take
[2:20:49]
into consideration some of the height of
[2:20:52]
the houses around. You know, I'd say,
[2:20:55]
man, you got my warehouse to where I
[2:20:57]
can't have it as high as my neighbor's
[2:21:00]
house. You know, 30 feet sounds tall,
[2:21:03]
but a lot of people's houses from front
[2:21:06]
door to the front peak is over 30 fairly
[2:21:09]
easy anymore, especially in the
[2:21:11]
mountain, especially, you know.
[2:21:13]
>> What's the maximum current for
[2:21:16]
residential building?
[2:21:19]
>> I was just going off a twotory or 212
[2:21:22]
>> and that's across multiple districts.
[2:21:24]
Okay.
[2:21:26]
>> 50 feet is the maximum height for
[2:21:29]
residential homes in many of our
[2:21:31]
districts.
[2:21:34]
>> May I get a clarifying question from the
[2:21:36]
uh ask a clarifying question to the town
[2:21:38]
attorney real quick? council the uh the fact that we're still in the UDO
[2:21:43]
process in and of itself I have seen
[2:21:47]
used as um as rationale for moratoria
[2:21:53]
because
[2:21:54]
the UDO process in and of itself will
[2:21:57]
bring potential changes through that
[2:21:59]
process. We have not adopted a new UDO
[2:22:02]
yet. So a moratorum on let's just say
[2:22:06]
something as specific as that could be
[2:22:09]
trying to stop the evil of um the the
[2:22:14]
evil that would be stopped essentially
[2:22:15]
is that you we are working through a
[2:22:17]
process to update our codes and our
[2:22:18]
ordinances in order to you know adopt a
[2:22:21]
new UDO is that I've seen that used
[2:22:25]
before. Is that what are your thoughts
[2:22:27]
on that?
[2:22:28]
>> Then your moratorium would only be 30
[2:22:30]
days.
[2:22:31]
>> Yeah. So that's what I'm saying. So, I'm
[2:22:32]
just I'm just thinking through what
[2:22:34]
those other options are, but I've just
[2:22:36]
seen that. So, I want
[2:22:37]
>> And but by the time you drafted the
[2:22:39]
moratorum, got it in front of council
[2:22:43]
for the proper hearing, it'd be on the
[2:22:45]
same
[2:22:46]
>> But there's no guarantee that we're
[2:22:47]
going to pass the UDO. So, we can make
[2:22:49]
the moratorum say 6 months or until the
[2:22:52]
passage of a UDO.
[2:22:55]
>> Well, that's a good question. I don't uh
[2:22:58]
No, I think there's going to have to be
[2:22:59]
a a specific
[2:23:01]
>> date.
[2:23:02]
>> I can't just make a so moved motion and
[2:23:04]
this goes into effect
[2:23:08]
>> in the [snorts] public hearing.
[2:23:09]
>> Sorry.
[2:23:15]
» I knew I knew where the humor was coming
[2:23:17]
from.
[2:23:18]
>> I think I still think we need to explore
[2:23:21]
this further. I would like to see we're
[2:23:24]
in the business meeting. I would like to
[2:23:25]
see this on a regular agenda meeting
[2:23:29]
because I think we should have this
[2:23:32]
queued up
[2:23:34]
anyway.
[2:23:36]
>> I agree with James.
[2:23:40]
» We we toyed around with it a couple
[2:23:41]
times and keep pushing it back. I I I
[2:23:44]
think it's time well spent to
[2:23:49]
Yeah. have it.
[2:23:50]
>> And we probably need to talk about data
[2:23:51]
centers while we're in that.
[2:24:02]
Mike, can you
[2:24:04]
about Yeah, about the data center since
[2:24:05]
they had the UDO in front of them.
[2:24:07]
>> Um, data centers are listed as
[2:24:10]
prohibited
[2:24:11]
>> in our in the new down zoning compliant
[2:24:16]
UDO.
[2:24:17]
The the reason for that is because again
[2:24:21]
while taking a conservative approach the
[2:24:24]
mixeduse district says all uses are
[2:24:26]
allowed
[2:24:28]
that [clears throat] doesn't mean anyone
[2:24:30]
can pick a use under the rainbow and
[2:24:32]
it's going to be permitted by right.
[2:24:33]
It's the uses identified in the
[2:24:35]
ordinance itself.
[2:24:37]
Um
[2:24:39]
and so since data centers are not
[2:24:42]
identified as a use in the ordinance um
[2:24:45]
we felt it was something that could be
[2:24:46]
regulated through a prohibition.
[2:24:49]
>> So basically the only uses that are
[2:24:51]
allowed in MRMU are uses that exist in
[2:24:53]
other zoning districts.
[2:24:55]
>> Correct. Called out anywhere in the
[2:24:57]
ordinance. Even if there's a definition
[2:24:59]
of and it you know and it's not even
[2:25:01]
permitted anywhere. It's a use
[2:25:02]
identified in the ordinance. It says all
[2:25:04]
uses.
[2:25:06]
That's the equation we use basically.
[2:25:10]
>> Is that something that can be challenged
[2:25:12]
like as a board of adjustment thing?
[2:25:14]
>> Every everything can be challenged when
[2:25:16]
you adopt the ordinance. It wouldn't go
[2:25:18]
to the board of adjustment. It would be
[2:25:20]
challenged to superior court directly
[2:25:22]
through some kind of declaratory
[2:25:24]
judgment action
[2:25:26]
>> right within the specific time. And and
[2:25:28]
the reason I agree with Mike on on what
[2:25:30]
he's saying because there's new uses
[2:25:32]
that happen all the time. For example, I
[2:25:36]
was advised Oregon has a silly site a
[2:25:40]
mushroom eating facility. So if you want
[2:25:43]
to go ahead and and eat some mushrooms,
[2:25:45]
you can go into this new facility. Who
[2:25:47]
the heck would have ever thought that
[2:25:49]
that's going to that that's not a
[2:25:51]
permitted use that anybody would have
[2:25:53]
ever thought about.
[2:25:54]
>> Well, just since we since I've been
[2:25:56]
sitting in one of these chairs, the the
[2:25:58]
vapes and all have come along and all.
[2:26:00]
So we we've seen that develop like where
[2:26:03]
>> Yeah. Yeah, vape shops are a little
[2:26:05]
different. That's retail. That's right.
[2:26:06]
But but when you're talking about coming
[2:26:08]
in into a into a a designated area to do
[2:26:16]
legalized
[2:26:17]
mushrooms,
[2:26:19]
>> but how do you not how does he not argue
[2:26:21]
if I come to him and say that's a
[2:26:23]
restaurant? How does he argue that it's
[2:26:25]
not? I guess by the definition of what a
[2:26:27]
restaurant would be in the uh planner's
[2:26:30]
dictionary,
[2:26:31]
>> I would have to make a staff
[2:26:32]
determination and categorize your use.
[2:26:34]
And if you disagreed, you'd appeal my
[2:26:36]
decision to the board of adjustment.
[2:26:40]
» That's That's easy.
[2:26:44]
>> Well, I'm paying food for I'm paying
[2:26:46]
money for food. I mean, that's going to
[2:26:47]
be fun. It's not a restaurant,
[2:26:54]
but I think we do need to
[2:27:00]
What's the rest of you want to do? Look
[2:27:03]
at it.
[2:27:04]
>> Yeah.
[2:27:07]
>> Okay.
[2:27:08]
And I'll just say too, the
[2:27:11]
building height thing across the code,
[2:27:13]
the approach we took was just to take
[2:27:15]
what's in the current ordinance. So if
[2:27:17]
this triggers a discussion about
[2:27:18]
building height in all the zoning
[2:27:20]
districts,
[2:27:21]
let's just note that.
[2:27:22]
>> Mhm.
[2:27:32]
» Anything else?
[2:27:35]
» I make a motion to journ.
[2:27:37]
>> Thank you.
[2:27:37]
>> Second.
[2:27:39]
Thank you, James.
[2:27:41]
All in favor?