[1. CALL SESSION TO ORDER]
[00:00:03]
WE'LL CALL THE, UH, CITY COUNCIL MEETING FOR THURSDAY, OCTOBER 20TH, 2022 TO ORDER.
WE'LL START WITH ROLL CALL COUNCIL MEMBER SUTTON HERE.
IF YOU'LL RISE FOR A PLEDGE OF ALLEGIANCE.
DO WE HAVE SOME FOR INVOCATION? MATT STEVENS.
WE'LL, MATT, ARE YOU HERE? I'M SORRY, STEVEN.
OUR, YOU KINDA GRACIOUS HEAVEN.
FATHER, WE ARE VERY GRATEFUL TO BE GATHERED HERE, MEMBERS OF THIS COMMUNITY AND HOPE FOR THE COUNTRY, WHICH WE THIS TIME.
FATHER, WE ASK SPECIAL BLESSING HERE.
IT'LL BE LATE MONDAY DAY AND WE'LL BE ABLE TO REACH WISE DECISIONS AND THESE THINGS WE PRAY FOR IN THEY SON, BIGGER.
THE PLEDGE, PLEDGE, THE FLAG, THE UNITED STATES OF AMERICA.
ONE NATION, GOD IN THE INDIVIDUAL LIBERTY, JUSTICE FROM ALL UNDER TEXAS.
ALLEG, TEXAS, ONE STATE UNDERGRAD, ONEAL.
[5. CITY MANAGER COMMENTS]
RIGHT NEXT WE HAVE CITY MANAGER COMMENTS, MAYOR COUNCIL, CITIZENS OF HATO.JAMES ARP, CITY MANAGER FOR THE RECORD.
UM, HAVE JUST A, A ONE SHEET FRONT AND BACK OF ANNOUNCEMENTS THIS TIME.
SO, UH,
UM, SO FIRST I'LL JUST, WE'RE GONNA CONTINUE TO REMIND THE, THE PUBLIC EVERY OPPORTUNITY WE HAVE, THAT WE DO WORK SESSIONS AT 6:00 PM AND, AND THE PUBLIC IS INVITED TO THAT.
UH, TODAY'S TOPIC THAT WE COVERED WERE, UH, WAS TAX INCREMENT FINANCING AND THE POTENTIAL USES OF, UH, OF, OF THAT FOR, UH, DEVELOPMENT PURPOSES.
UH, THE NEXT ONE COMING UP WILL BE NOVEMBER 3RD AT 6:00 PM UH, PRIOR TO THE CITY COUNCIL MEETING.
AND WE'LL BE DISCUSSING THE HUDDLE CO-OP DISTRICT, UH, INFRASTRUCTURE, UH, THE IN, IN ADDITION TO THE VARIOUS ITEMS THAT COUNCIL'S GONNA DISCUSS AND VOTE ON TONIGHT TO GET STARTED.
A LOT OF PROJECTS THAT EVERYONE'S REALLY EXCITED, I THINK, TO, TO SEE SOME THINGS MOVE ON.
UM, I DID WANNA TALK ABOUT THAT THE, THE MINI TRAFFIC CIRCLES IN OLD TOWN HAVE BEEN OPENED UP.
UH, THE NEXT STEPS THERE IS TO, UH, ASSESS HOW THOSE ARE WORKING IN, IN CALMING TRAFFIC.
UM, I REALIZE THAT THE SIGNS, UH, I, I'VE SEEN SOME OF THE CLEVER COMMENTS ONLINE, AND IT'S, IT'S BEEN GOOD FOR A GOOD CHUCKLE.
UM, BUT, UH, THE, THE, THE, THE PURPOSE OF THOSE MINI TRAFFIC CIRCLES IS TO CALM TRAFFIC.
SO IT'S NOT REALLY ABOUT TRAFFIC CIRCULATION.
AND IF PEOPLE ARE SLOWING DOWN AND KIND OF PAUSING AND YIELDING, UH, THAT'S WHAT WE'RE HOPING THAT THEY WOULD DO.
BUT THAT'S NOT TO SAY THAT, THAT, YOU KNOW, THAT THEY'LL STAY THE WAY THAT THEY ARE, CUZ WE'RE ASSESSING HOW EFFECTIVE THEY ARE AT WHAT THEY DO.
AND, UH, THE PUBLIC WORKS IS ALSO GETTING OUT, UH, COUNTERS TO, TO MEASURE THE TRAFFIC, TO SEE WHICH DIRECTIONS THE TRAFFICS ARE GOING, THE TRAFFIC IS GOING AND FLOWING THROUGH THERE, UH, IN CASE WE NEED TO MAKE A, A CHANGE TO THOSE, UH, TO SOMETHING ELSE.
UH, NEXT WEDNESDAY, OCTOBER 26TH, I KNOW THERE'S A NUMBER OF COUNCIL MEMBERS AND STAFF THAT ARE GONNA BE ATTENDING THE GROUNDBREAKING FOR THE WILLIAMSON COUNTY AND TECH DOT 33 49 OVERPASS PROJECT AT HIGHWAY 79.
UH, THIS IS OPEN TO THE PUBLIC.
SO IF YOU'RE, UH, INTERESTED, UH, IN ATTENDING THAT, I DON'T HAVE THE TIME HERE ON MY SHEET, BUT I SUSPECT YOU COULD PROBABLY FIND IT IF YOU'RE INTERESTED.
UH, AND THEN OF COURSE, THIS IS, UH, THE SECOND OF THE THREE MAIN SEGMENTS OF THE SOUTHEAST LOOP PROJECT, UH, HONORS FOR THE CITY.
UH, SOME OF YOU MAY HAVE NOTICED, UH, OUR ANNOUNCEMENTS THAT CAME THROUGH, UH, UH, SOCIAL MEDIA THAT, UH, ECONOMIC ANALYSTS, THAT MONEY MAGAZINE SELECTED THE CITY OF HUO AS ONE OF THE TOP 50 BEST PLACES TO LIVE IN THE UNITED STATES.
UM, HUO WAS THE ONLY CITY IN WILLIAMSON COUNTY TO MAKE THE PRESTIGIOUS ANNUAL LIST.
AND THE FEEDBACK, UH, CAME FROM OBJECTIVE EXPERTS WHO WERE ANALYZING MANY ASPECTS OF LIVING IN HU INCLUDING OVERALL QUALITY OF LIFE, ECONOMIC OPPORTUNITY, TAXES, COST OF LIVING, EDUCATION, DIVERSITY, HEALTH AND SAFETY.
ALSO, WE WERE, UH, NAMED ONE OF THE SAFEST CITIES IN TEXAS PER FBI CRIME STATISTICS.
UH, AGAIN, NOT TO RUB IT IN, BUT WE WERE THE ONLY CITY IN WILLIAMSON COUNTY TO MAKE THAT LIST TOO.
[00:05:01]
HUO IS CURRENTLY A FINALIST AND A STATE CONTEST.THIS IS FOR THE DIGITAL CAMPAIGN THAT WAS PUT TOGETHER IN THE SPRING FOR SMALL BUSINESS WEEK.
UM, IT'S BOTH A FINALIST FOR THE PRESIDENT'S AWARD FROM THE TEXAS DOWNTOWN ASSOCIATION, AND IT'S ALSO UP FOR THE PEOPLE'S CHOICE AWARD FOR THE SAME ASSOCIATION.
SO THE SERIES IN MAY FEATURED FACES AND STORIES BEHIND MORE THAN A DOZEN OF THE BELOVED BUSINESSES IN HISTORIC DOWNTOWN HU.
NOW IF EVERYONE THAT'S IN THE AUDIENCE WILL GET OUT THEIR PHONES, WE'RE GONNA VOTE
IF YOU'LL GO TO THE CITY OF HU FACEBOOK PAGE, UH, SEE THE POST ABOUT THIS AT THE TOP WITH A PICTURE OF THE HAPPY PANINI YELLOW FOOD TRUCK.
AND ALL YOU HAVE TO DO IS LIKE, OR LOVE THE PHOTO, AND YOU HAVE VOTED FOR PEOPLE'S CHOICE AWARD.
AND IF YOU SHARE THE POST, OTHER PEOPLE CAN CAN DO THE SAME THING.
UH, VOTING CLOSES TOMORROW AT 5:00 PM SO, UH, ALL YOU SOCIAL MEDIA WARS, GET OUT THERE AND DRUM UP SOME SUPPORT CALENDAR UPDATES.
THIS FRIDAY IS HUDDLE HOMECOMING.
I THINK EVERYBODY KNOWS WHAT TO EXPECT WITH THAT, SO IT SHOULD BE A REALLY GOOD TIME.
UH, WE'LL BE FLYING THE FLAGS OUT FRONT, UH, AGAIN, UH, ON FRIDAY AS WE HAVE BEEN FOR THE HOME GAMES.
UH, SO HIPPO NATION AND IN FULL EFFECT.
SO EVERYBODY GET OUT WHERE THEY'RE BURNT ORANGE.
THIS SATURDAY IS THE GREAT HUDDLE CLEANUP FROM KEITH HU.
YOU CAN VISIT THEIR WEBSITE FOR THE LIST OF HOUSEHOLD ITEMS THAT YOU CAN AND CANNOT DROP OFF AT THIS EVENT, BUT IT'S RUNNING FROM 8:00 AM UNTIL NOON AT THE EAST WILLIAMSON COUNTY HIGHER EDUCATION CENTER.
AND THEN, UH, FOR CITY EVENTS, YOU CAN ALWAYS CHECK OUR WEBSITE, UH, HUO TX.GOV, THE SLASH EVENTS, WHICH HAS THE CALENDAR.
MOST NOTABLY, WE HAVE FRIGHTS AT FRITZ COMING UP ON OCTOBER 29TH.
UM, WE ARE ALSO DOING, HUO HAS HEART BLOOD DRIVE.
THIS IS IN PARTNERSHIP WITH A NEW SOURCE THAT I CAN'T RECALL.
I DON'T WANNA SAY THE WRONG ONE IN THE PUBLIC, SO I'LL GET IT.
UH, YOU KNOW, I'LL PROBABLY GET, UH, LOOKED AT FUNNY BY ALLISON.
BUT, UH, BASICALLY IT'S A BLOOD DRIVE AND THE, AND THE NEWS WILL BE BROADCASTING FROM HERE.
UH, THAT'S ON NOVEMBER 17TH, AND THAT'S OPEN TO THE PUBLIC.
PUBLIC CAN SIGN UP FOR THE BLOOD DRIVE.
AND THEN OF COURSE, WE HAVE THE CHRISTMAS TREE LIGHTING COMING UP ON NOVEMBER 26TH.
AND AS WE APPROACH THE HOLIDAYS, THERE'LL BE MORE AND MORE EVENTS FOR US TO CONTINUE TO ANNOUNCE.
UH, THANK YOU EVERYONE FOR YOUR ATTENTION.
THAT CONCLUDES MY CITY MANAGER COMMENTS.
[6. CITY COUNCIL COMMENTS]
NEXT THAT BRINGS US TO CITY COUNCIL COMMENTS, GENERAL COMMENTS FROM CITY COUNCIL.UM, I SAID SOMETHING LAST WEEK, UM, OR THE LAST COUNCIL MEETING, AND I WANNA ISSUE A PUBLIC APOLOGY TO RUDY PEREZ.
UM, IT WAS SAID IN A MOMENT OF PASSION IN THAT, UH, CONTEXT, AND I DO NOT HAVE ANY FACTS TO BACK THAT UP.
RUDY HAS ALWAYS SAID HE WOULD NEVER TALK POORLY ABOUT ME AND HE WOULD ALWAYS SUPPORT ME.
AND HE IS ALWAYS BEEN WILLING TO MEET WITH ME TO TALK.
NOW, I WANNA ALSO ELABORATE ON SOME THINGS THAT WERE SAID THAT NIGHT.
IN 2013, I WAS PREPARING FOR MY FIRST OF THREE MISSION TRIPS TO INDIA.
I SAY THIS BECAUSE IT IS, IT IS WAS IN INDIA WHERE I FOUND MY VOICE.
AT OUR TEN SIX COUNCIL MEETING, I MADE A STATEMENT REFERRING TO HOW I WAS PART OF THE GAME, PLAYING BY THE MAYOR WHEN I WAS A CITIZEN, AND THAT I KNOW HOW THE GAME IS PLAYED.
SEVERAL HAVE REACHED OUT TO ME REGARDING MY COMMENT AND ASKING FOR CLARIFICATION.
WERE YOU PLAYING GAMES THEN? ARE YOU PLAYING GAMES NOW? WHO IS ROBIN? WHAT IS SHE DOING? I DECIDED THAT THIS WOULD BE THE MOST APPROPRIATE FORUM TO ADDRESS THIS REQUEST.
TRANSPARENCY HAS LONG BEEN THE MANTRA FOR THE CITY AND THE MOVEMENT TO KEEP CITIZENS INFORMED.
I AM MAKING THE STATEMENT TO CLEAR UP QUESTIONS TO EXPLAIN THE WHO'S, WHAT'S AND WHY'S IN THE GAME PLAYING.
I WAS IN GAMEPLAY THAT I WAS INVOLVED IN 2019 TO THE TIME I REALLY STARTED SEEING TRUE COLORS BEHIND THOSE I PLAYED THE GAME WITH IN 2021 FROM THE DAAS.
WHEN I STARTED QUESTIONING THE GAMEPLAY, I WILL START BY SAYING THAT I DON'T REGRET GETTING INVOLVED.
IN 2019, THINGS NEEDED TO BE DONE AND THINGS NEEDED TO CHANGE.
ONE MAN WAS RUNNING EVERYTHING IN HU WITHOUT BEING QUESTIONED.
AND FROM WHAT I UNDERSTAND TO QUESTION HIM WAS NOT A PLEASANT EXPERIENCE, OR IT COULD REL RESULT IN A LOSS OF YOUR JOB.
I CAME INTO THIS CHAMBER TO SPEAK
[00:10:01]
UP IN SEPTEMBER OF 2019 TO TALK ABOUT WHAT WAS HAPPENING IN HUO.MY HOMETOWN OF 23 YEARS MASS DEVELOPMENT.
WITH NO ATTENTION TO OUR INFRASTRUCTURE NEEDS TO SUPPORT THE GROWTH, I DECIDED TO JOIN THOSE WHO WERE ASKING QUESTIONS.
I SAY I JOINED BECAUSE IT WAS A CHOICE.
I JOINED BECAUSE THEY HELPED ME REALIZE THAT THINGS WERE WAY WORSE THAN I EXPECTED.
I WAS ONE OF THE APATHETIC NON-VOTERS IN HU WHO TRUSTED THAT THE PEOPLE IN POWER WERE DOING THE RIGHT THING FOR THE CITIZENS OF HUO.
WITH THAT BEING SAID, I DO BELIEVE THAT I WAS RECRUITED, THAT I WAS FED WHAT THEY WANTED ME TO KNOW AND BELIEVE.
I BEGAN ATTENDING EVERY COUNCIL MEETING FROM BEGINNING TO END, EVEN UNTIL 3:00 AM I SPOKE DURING PUBLIC COMMENT ON, ON AGENDA ITEMS ON A REGULAR BASIS JUST TO EDUCATE MYSELF.
I WAS EVEN INTERVIEWED BY KX N FOR A PIECE THEY DID ON HUDDLE.
HOWEVER, WHAT BROUGHT ME INTO THIS BUILDING GREW INTO SOMETHING BIGGER VERY QUICKLY, SO QUICKLY THAT I WAS TALKED INTO RUNNING FOR COUNCIL AND ANNOUNCED MY INTENT.
WITHIN FOUR MONTHS OF WALKING INTO THIS ROOM WITH ABSOLUTELY NO EXPERIENCE, NO BOARDS, NO COMMISSIONS, NOTHING.
WHAT I DID HAVE WAS A DESIRE TO CHANGE HUDDLE, THE DESIRE TO DO WHAT IS RIGHT AND CLEAN UP THE MESSES THAT HAD BEEN MADE.
WHEN I WAS ASKED WHEN, WELL, WHEN I SAID I DIDN'T THINK I WAS QUALIFIED TO RUN FOR COUNSEL, THE RESPONSE I WAS RECEIVING WAS, DO YOU THINK HE CAN DO A BETTER JOB THAN SCOTT? MY ANSWER WAS YES.
WE WERE THE GOOD GUYS AND THEY WERE THE BAD GUYS.
THAT IS THE ONE THING I DO REGRET.
I HURT PEOPLE THAT I DIDN'T EVEN KNOW FOR THAT.
SO HERE ARE THE PLAYERS, THERE ARE OTHERS, BUT THESE ARE THE ONES THAT HAD THE MOST IMPACT IN GETTING ME INVOLVED.
IN 2019, NICOLE CALLED AROUND.
IT WAS RE RECOMMENDED TO ME TO GET IN TOUCH WITH NICOLE, AND I BELIEVE IT WAS BY DEBBIE HOLLAND.
SHE BECAME, AT LEAST WHAT I BELIEVED, A FRIEND.
SHE SHARED ALL THE STORIES AND CONSPIRACY THEORIES THAT HAD BEEN PLAGUING HU.
SHE KNEW MY TROUBLES I WAS HAVING WITH MY EX-HUSBAND AND HIS LAWSUIT AGAINST ME.
SHE ALSO SENT ME DOCUMENTS THAT SUPPORTED THE NARRATIVE, SOME OF WHICH UNBEKNOWNST TO ME WEREN'T PUBLIC AT THE TIME.
THERE WAS ONE WARNING SHE GAVE ME THAT I DO WISH I WOULD'VE HEATED.
AND FORGIVE ME, NICOLE, IF I GET THIS WRONG.
IF YOU WANT A FRIEND IN POLITICS, YOU SHOULD GET A DOG.
JASON WORTH ALSO SENT ME DOCUMENTS THAT FIT THE NARRATIVE.
HE SAT ON MY FRONT PORCH WITH ME ONE EVENING AND FED ME THE CONSPIRACY THEORIES AND HIS INTERPRETATIONS OF WHAT WAS HAPPENING IN CITY HALL AND WHAT NEEDED TO BE DONE.
TARA RAY BEST RECOGNIZED FOR HU 2.0 FIGHT FOR BETTER HUDDLE AND SET IN STONE SANCTUARY.
SHE PROVIDED POSITIVE ENCOURAGEMENT AND FACEBOOK SUPPORT FOR ME.
NEVER REALLY HAD A REAL CONVERSATION WITH HER, ALTHOUGH SHE CLAIMS TO KNOW ME VERY WELL.
SHE ALSO HELPED WITH FIGHT FOR HU FOR A WHILE.
TANNER ROSE PROVIDED ENCOURAGEMENT AND GRATITUDE WITH THE THINGS I WAS DOING.
MOST OF OUR INTERACTIONS WERE AT HEB.
WHEN HE WAS SHOPPING WITH HIS SON, HE WAS THE ONE THAT RECOMMENDED I REACH OUT TO JODY BAR AT KICKS IN.
AND THEN THERE WAS MIKE SNYDER.
IN MY OPINION, HE RAN IT ALL AND STILL DOES AT TIMES.
IT MAY JUST BE IN PLANTING SEEDS, BUT HE PROVIDES THE WATER AND THE FERTILIZER.
WE BEGAN TALKING OR TEXTING ON A REGULAR BASIS ALMOST DAILY.
FED ME THE CONSPIRACY THEORIES, HIS THOUGHTS ON THE INNER WORKINGS AT CITY HALL.
HIS THOUGHTS ON WHAT HE CALLED THE CABAL, WHAT IS BEING INVESTIGATED AND BY WHOM IS INVESTIGATING IN CITY HALL.
THERE WAS AN EVENING THAT HE AND DON CARLSON CAME TO MY HOUSE TO CHAT.
I REMEMBER ASKING, WHAT DO YOU NEED FROM ME? HIS RESPONSE, KEEP DOING WHAT YOU'RE DOING.
SO WHEN DID I FALL OUT OF THIS GROUP OF CONCERNED CITIZENS? WELL, IT IS WHEN I CONTINUED TO CALL BS WHEN I SAW IT, WHEN I WAS SEEING BEHAVIORS FROM THE DIOCESE AND IN EXECUTIVE SESSIONS THAT WERE QUESTIONABLE.
[00:15:01]
REMEMBER SOME THOUGHT THAT ME, THAT CALLING AND SNIFFING OUT BS WAS MY STRONGEST QUALITY.THAT IS, OF COURSE, UNTIL THEY, THEY BECOME THE ONES I WAS CALLING BS ON.
WE HAD TALKED ABOUT MANDY AND THE POTENTIAL PROBLEM WITH HER JOB, DUAL OFFICE HOLDING AND HER TAKING PAY.
I WANNA SAY IT WAS JUNE OR JULY OF 21, CUZ I DON'T WANNA QUOTE AN EXACT DATE.
I WAS TOLD IT WAS GOING TO BE THIS BIG ISSUE FOR HER IF SHE CHOSE TO RUN AGAIN.
BUT NOTHING HAPPENED AND IT WASN'T ADDRESSED WELL UNTIL A TIMING WAS RIGHT AND AN HONEST MISSED EMAIL SENT TO MYSELF AND THE MAYOR CLAIMING CONCERNS OF HER MANDY'S JOB AND HER HUSBAND'S ROLE WITH THE YOUNG REPUBLICANS.
I KNEW IMMEDIATELY IT WAS A GAME BECAUSE REMEMBER I PLAYED IT YET YES, I SENT THE EMAIL TO MANDY AND CRYSTAL.
I DIDN'T UNDERSTAND WHY IS IT SUCH A BIG DEAL NOW, IF IT WASN'T A BIG DEAL FIVE MONTHS AGO, I NEVER GOT AN ANSWER.
I HAD ALREADY WITNESSED AND KNEW ABOUT SEVERAL PUBLIC DRESS DOWNS OF ENTITIES THE CITY SHOULD BE PARTNERING WITH, INCLUDING THE ISD AND THE AREA CHAMBER OF COMMERCE.
MANDY HAD THE RIGHT AS A COUNCIL MEMBER TO KEEP THIS ISSUE IN EXECUTIVE, AS DOES EVERY COUNCIL MEMBER WHEN IT'S A PERSONAL ITEM.
I ALSO KNEW THAT CHIEF HALL'S BUDGET WAS GOING TO BE A BIG TOPIC.
I KNEW GOING IN THAT THERE WAS A LOT OF EXCITEMENT ABOUT IT.
WHAT TRANSPIRED WAS EMBARRASSING AND FAR MORE BRUTAL THAN WHAT I WAS LED TO BELIEVE.
THE PUBLIC HUMILIATION OF POLICE CHIEF HALL OVER HIS BUDGET IN FRONT OF HIS OFFICERS WAS A NEW LOW.
SO HERE'S MY OBSERVATION FROM SOMEONE WHO WAS ON THE INSIDE.
THIS GROUP LOOKS TO GAIN POWER THROUGH BULLYING, THREATS, FEAR, AND MANIPULATION.
IF YOU DON'T AGREE WITH THEM AND IF YOU HAVE ANY KIND OF INFLUENCE, YOU WILL BECOME THEIR NEXT TARGET.
THEY HAVE SUCCESSFULLY TAKEN OUT MANY TARGETS.
EVEN A SMALL BUSINESS OWNER DIDN'T HAVE THE RIGHT TO HAVE HER OWN OPINION AND BECAME A TARGET.
IT DOESN'T MATTER WHAT YOUR SIDE OF THE STORY MAY BE, THEY ARE THE KEEPERS OF THE SO-CALLED FACTS AND THERE IS NO REASON TO LOOK FOR ANY OTHER EXPLANATION.
THEY ARE THE CREATORS OF FAKE BURNER FACEBOOK ACCOUNTS TO BUILD NUMBERS AND PUSH CONVERSATIONS.
THEY ARE THE CREATORS OF NON TRACEABLE EMAIL ACCOUNTS TO SEND ANONYMOUS EMAILS TO TRIGGER THE START OF THE NEW GAME.
DROP COMMENTS IN COUNSEL TO TRIGGER INFORMATION REQUEST, ALL THE WHILE PUSHING FOR TRANSPARENCY AND NO SECRETS.
ON JANUARY 11TH THIS YEAR, I DID EXPERIENCE THE MARIN TANNER ROSE'S ATTEMPT.
WHAT FELT LIKE TO ME TO NOT PUT AN ITEM ON THE AGENDA.
THE ITEM THAT I REQUESTED WAS TO DISCUSS THE RESIDENCY OF TANNER ROSE FOR WEEKS PRIOR.
THERE WAS CHATTER ABOUT THE FACT THAT TANNER'S HOUSE WAS LISTED AND THEN SOLD QUICKLY AFTER MONTHS OF VIRTUALLY NO COMMUNICATION WITH ME.
I GET A CALL FROM THE MAYOR ABOUT THIS ITEM, NO OTHER ITEM OVER SEVERAL MONTHS.
BUT THIS ITEM WAS IMPORTANT ENOUGH TO WANNA TALK TO ME.
NEED TO TAKE A DEEP BREATH FOR A SECOND.
HE WANTED TO JUST HAVE ME TALK TO TANNER YET TANNER'S EXPLANATION.
I SAID, THERE ARE PEOPLE ON COUNCIL THAT WANNA ASK THESE QUESTIONS TOO.
AND THE ONLY WAY THIS COUNCIL CAN ASK, ASK THEIR QUESTIONS IS IF IT IS AN AGENDA ITEM WITHOUT VIOLATING QUORUM.
THERE IS AN EMAIL STRAND IF ANYBODY WOULD LIKE TO DO A PUBLIC INFORMATION REQUEST ON THE ATTEMPTS BY THE MAYOR TO STOP THIS ITEM AND KEEP ME, UM, FROM PUTTING IT ON THE AGENDA AND JUST TALK TO TANNER AND GET TANNER'S RESPONSE.
BECAUSE THIS WAS A PERSONAL ISSUE.
IT WASN'T A, UM, PERFORMANCE ISSUE.
IT WASN'T JUST ONE CALL THAT WEEK, THOUGH.
THE LAST ONE ON THURSDAY NIGHT, I SENT A VOICEMAIL.
FRIDAY IS WHEN THE DRAFT AGENDA COMES OUT, AND FRIDAY WAS THE DAY THAT TANNER ANNOUNCED ON HIS FACEBOOK PAGE THAT HE WAS RESIGNING HIS SEAT.
AND IT WAS THE WORST KEY SECRET EVER KEPT.
AND YET THIS GROUP IS PUSHING NO SECRETS.
SO THIS IS A MESSAGE TO THOSE OF YOU THAT ARE NOW INVOLVED OR BEING RECRUITED IN THE LATEST GAME WITH THE LAST ANONYMOUS EMAIL THAT WENT OUT.
[00:20:09]
THE ONE IN WHICH I AM THE TARGET.THERE IS A MINOR INVOLVED, A CHILD THAT LOST HIS MOTHER, WHO WAS MY SISTER WHEN HE WAS TWO YEARS OLD.
MAYBE JUST, MAYBE THAT WOULD BE THE REASON FOR A MOTION TO SEAL.
ANY OTHER COMMENTS FROM CITY COUNCIL? YEAH, I HAVE ONE.
UM, I JUST WANNA SAY THANK YOU TO WAYNE ALREADY.
UH, BUT HE'S OUR INTERIM, UH, PUBLIC'S WORK, PUBLIC WORKS DIRECTOR.
UH, BUT I JUST WANNA SAY THANK YOU FOR SETTING UP AND ALLOW ME TO TOUR OUR WASTEWATER TREATMENT, UH, PLANTS.
UM, I WENT OUT ON MONDAY, UM, AND UH, TO THE GENTLEMAN AT B RA, RANDY SALVADOR AND LEWIS, UM, THEY ANSWERED ALL OF MY QUESTIONS.
THEY EXPLAINED THE PROCESS AND IT WAS AMAZING, UH, TO KIND OF SEE, YOU KNOW, THE WASTEWATER COME IN THE TREATMENT PLAN AND TO ACTUALLY SEE THE PROCESS THROUGH AND TO SEE THE WATER BEING DISCHARGED, LIKE RIGHT INTO THE CREEK RIGHT THERE.
SO IT WAS AMAZING TO GO, UM, ON THAT WASTE WATER TREATMENT, UM, TOUR.
UM, AND IT'LL ACTUALLY BE AMAZING TO SEE THE SOUTH WASTE WATER PLANT EXPAND OVER, YOU KNOW, 5, 10, 15 YEARS AS HUDDLE GROWS AND, UM, THE UPGRADES THAT ARE NEEDED AT THE CENTRAL TREATMENT PLANT PLANT.
AND THEN ALSO I WENT OUT, UM, OUT RIDING, UH, IN THE TRUCK WITH RICK.
HE ACTUALLY WORKS FOR THE CITY HERE AND, UM, HE'S THE FIELD SERVICES MANAGER.
AND SO HE JUST TOOK ME OUT TO A BUNCH OF LIFT STATIONS, UH, BECAUSE I WASN'T QUITE SURE HOW IT WORKED.
AND HE LITERALLY SHOWED ME EVERYTHING, TALKED ME THROUGH EVERYTHING.
UM, AND HE'S, HE WAS GREAT AND VERY KNOWLEDGEABLE.
HE'S BEEN WITH THIS CITY FOR QUITE A FEW YEARS IN DIFFERENT ROLES.
AND UM, AND THEN OF ALL THE THINGS, I LEARNED A BUNCH OF STUFF THAT DAY, BUT OF ALL THE THINGS I LEARNED ON MONDAY, UH, ON MONDAY WAS TO DO NOT FLUSH FLUSHABLE WIPES SO THEY DON'T BREAK DOWN AND THEY, THEY, UM, CLOG THE PIPES, UM, AND THEY GET INTO THE PUMPS AND THEN THAT CAUSES PROBLEMS AT THE LIFT STATION.
SO JUST A LITTLE PSA, BUT THAT WAS DEFINITELY ONE THING BECAUSE I HAVE FLUSH FLUSHABLE WIPES BEFORE.
THANK Y'ALL SO MUCH AND THANK YOU AGAIN, WAYNE IN YOUR CREW.
ANY OTHER GENERAL COMMENTS FROM CITY COUNCIL? UM, I HAVE ONE.
UM, I, UH, ATTENDED, WELL ACTUALLY IT WAS A TWO, TWO PART TWO DAY THING WITH THE HU EDUCATION FOUNDATION.
UM, SO THEY ACTUALLY GAVE OUT A LOT OF THEIR GRANTS THAT THEY HAD AWARDED TEACHERS.
SO THE TEACHERS WRITE FOR SPECIAL PROGRAMS THAT THEY WANT FOR THEIR CLASSROOMS. UM, THE HEAD EDUCATION FOUNDATION BOARD, UM, HAS A SPECIAL GRANT COMMITTEE WHO AWARDS THOSE.
UM, SO I THINK WE HIT JUST ABOUT EVERY CAMPUS.
UM, ON THE LAST DAY I DID HAVE TO LEAVE A LITTLE EARLY, SO, BUT OTHER THAN THAT, I THINK I, WE HIT ALL THE CAMPUSES BESIDES TWO.
UM, BUT IT WAS REALLY, REALLY GREAT TO SEE THOSE TEACHERS AND SEE THOSE STUDENTS, YOU KNOW, ESPECIALLY COMING OFF OF COVID AND THE TEACHERS SHORTAGES AND EVERYTHING ELSE.
UM, SO THAT WAS A REALLY, UM, REWARDING THING.
SO I JUST WANTED TO SAY THANK YOU TO, UM, CLAUDIA AND THE FOUNDATION FOR INVITING.
I BELIEVE ALL OF COUNCIL WAS INVITED TO ATTEND.
SO IT WASN'T JUST ME SPECIFICALLY, I JUST HAD THE FLEXIBILITY IN MY SCHEDULE FOR THOSE TWO DAYS.
UM, AND I ALSO WANTED TO SAY THANK YOU TO ROBIN.
UM, I CAN'T IMAGINE THAT ONE MUST HAVE BEEN EXTREMELY HARD FOR YOU.
UM, WE ARE ALL PEOPLE AND PEOPLE THAT YOU THINK YOU'RE FRIENDS AND ARE NOT FRIENDS.
UM, AND THEN WHEN YOU COME UP HERE, IT DEFINITELY, WE'RE ALL STILL PEOPLE.
WE ALL STILL, UM, HAVE FEELINGS.
AND I'M SURE IT SOUNDS LIKE THERE MAY HAVE BEEN A LOT OF FEELINGS, ESPECIALLY OF BETRAYAL FOR SOMETHING, SOMEBODY THAT YOU THINK IS, UH, SITTING ON YOUR PORCH AND IS YOUR FRIEND.
AND THEN IT DOESN'T TURN OUT TO BE THAT WAY.
AND THERE ALSO SEEMS TO BE A LOT OF SPECULATION THAT THIS IS A FIVE TO TWO COUNCIL, AND IT'S NOT.
WE ARE ALL VERY, VERY DIFFERENT PEOPLE, DIFFERENT EDUCATION, DIFFERENT FAMILIES, UM, DIFFERENT BACKGROUNDS, PLACES, RELIGIONS.
UM, NONE OF US, I I THINK ALL OF US ARE, ARE VERY, VERY DIFFERENT IN A LOT OF WAYS.
UM, MAYBE THE BETTER QUESTION YOU SHOULD BE ASKING YOURSELF IS WHY WHY IS IT A FIVE TO TWO COUNCIL? AND THE ANSWER ISN'T JUST BECAUSE WE DON'T LIKE MIKE.
THAT IS A VERY SUPERFICIAL ANSWER.
SO I ENCOURAGE YOU TO DIG FOR WHY.
HEARING THEN WE'LL MOVE ON TO CITY COUNCIL LIAISON REPORTS.
[00:25:04]
ALL RIGHT.HEARING THEN WE'LL MOVE ON TO FUTURE AGENDA ITEM REQUESTS.
I DO HAVE ONE, AND I HAVEN'T HAD THE OPPORTUNITY TO SPEAK TO OUR CITY ATTORNEY, BUT I WOULD LIKE TO HAVE AN ITEM WHERE WE CAN DISCUSS, UM, IN REGARDS TO PUBLIC INFORMATION REQUESTS, BEING ABLE TO RELEASE RECORDINGS IN EXECUTIVE SESSION AREN'T ACTUALLY PERTAINING TO ANY, YOU KNOW, LEGAL MATTERS.
AND THEN WE CAN DETERMINE WHETHER OR NOT WE WANNA RELEASE ATTORNEY CLIENT PRIVILEGE ON THOSE ITEMS. A LOT OF PEOPLE HAVE ASKED ABOUT, YOU KNOW, THERE WAS A LOT OF CONVERSATION ABOUT DID SHE SAY, WHAT DID SHE DO, WHAT WAS SAID IN THAT EXECUTIVE COUNSEL REGARDING, UM, UH, MANDY BILLY ALVO.
AND I THINK LISTENING TO THOSE SESSIONS AND PEOPLE BEING ABLE TO HEAR THEM, THE ONES THAT WANT TO REALLY FIGURE OUT WHAT HAPPENED AND WHY IT BECAME SUCH A BIG DEAL FOR SOME OF US, WOULD BE ABLE TO UNDERSTAND THAT.
SO I DON'T KNOW IF THERE'S ANY SET PROCESS OR IF ANY CITY HAS DONE THAT IN THE PAST WHERE A CITIZEN CAN REQUEST, HEY, CAN I HAVE THE RECORDING ON THIS PARTICULAR EXECUTIVE ITEM? CAN WE, CAN WE PUT THAT ON THE AGENDA? JUST KIND OF REVIEW THE OPEN MEETINGS ACT IN CHAPTER 5 51 AND SURE.
I MEAN, I CAN ANSWER THAT QUESTION REAL QUICK, BUT I CAN DO IT.
OH, WE MAY NEED A, IT SOUNDS LIKE WE NEED TO REFRESHER TOO, JUST ON EVERYTHING, BUT YOU CAN ANSWER IT TOO.
BUT IF YOU COULD STILL DO IT, SHE WANTS AND BRING IT ON TO, WELL, CERTIFIED TAPES ARE CONFIDENTIAL BY LAW, YOU CAN'T RELEASE THOSE.
AND SO THE STATUTE SAYS THAT YOU CAN ONLY RELEASE US PUBLIC INSPECTION OR COPYING UNDER A COURT ORDER.
UH, AND SO THAT'S 5 51, 1 0 4 C OF THE GOVERNMENT CODE.
UM, I HAVE ASKED FOR A, UH, AN AGENDA ITEM FOR THE 1ST OF NOVEMBER AS A, UH, A DEAL FROM SEPTEMBER WE STARTED AND WE HAD THE, UH, STAFF AND THE ATTORNEYS, UH, WERE SUPPOSED TO COME BACK WITH A RESOLUTION REGARDING THE ONLINE MESSAGE BOARD AND 5 51 0 6.
AND SO I THINK THAT'S GONNA COME BACK NOVEMBER 3RD, JUST SO EVERYBODY'S READY FOR THAT.
ANY OTHER AGENDA ITEMS? ALL RIGHT.
[7. PUBLIC COMMENT]
ON TO PUBLIC COMMENT AS I CALL YOUR NAME.SHE'LL HAVE THREE MINUTES TO SPEAK.
THE LIGHT WILL TURN GREEN WHEN THERE'S, THANK YOU.
AND THEN, UM, WHEN YOUR TIME'S UP, IT'LL GO TO RED.
CAN YOU HEAR ME? DOESN'T LIKE IT'S ON.
I CAN BUT DOESN'T SOUND LIKE IT'S ON.
YEAH, DON'T, YEAH, I DON'T THINK SO, BEN.
I, CAUSE MINE WAS GONNA OFFER OFF
OH, I'M, I DID WASN'T, YEAH, I WEAVER HU CITIZEN AND I REPRESENT THE HU COMMUNITY WATCH.
I JUST WANTED TO MAKE SURE THAT THAT'S, I'M TALKING FOR THE HU COMMUNITY WATCH.
I AM DISAPPOINTED THAT THE CITY COUNCIL IS NOT TAKING SERIOUSLY OUR NEED FOR COMMUNITY CENTERS.
I AM NOT IN SUPPORT OF SENIOR CITIZEN CENTERS.
THERE WERE TIMES WHEN THE SENIOR SEGMENT OF THE COMMUNITY WAS NOT WELL SERVED.
HU NEEDS A FACILITY THAT THE WHOLE COMMUNITY CAN USE ALL AGES, AND THERE'S A LOT OF EMPTY SPACE THAT'S NOT BEING USED AT DIFFERENT TIMES HERE IN CITY HALL.
OPEN IT UP FOR THE COMMUNITY JUSTICE.
THE LOCAL CHURCHES HAVE DONE HU COMMUNITY TO WATCH IS PARTNERING WITH, UH, A GROUP ON LIER LOOP AND WE ARE CONDUCTING A HUDDLE COMMUNITY CENTER THERE.
UH, WE'LL BE, YOU KNOW, ON AND OFF, YOU KNOW, WHENEVER THE, UH, FACILITIES AVAILABLE TO US.
MY FRIEND AND FELLOW HU COMMUNITY WASH VOLUNTEER KAY WOOD ASKED ME TO SPEAK FOR HER ABOUT CLEANING UP DEAD TREES AND BRUSH IN THE PARKS AND CREEKS.
AND I TALKED TO THE CITY MANAGER BRIEFLY.
I'LL BE SENDING YOU SOME PHOTOS.
SHE HAS OUTLINED THREE POSSIBLE OPTIONS FOR DOING THIS, AND I'M GOING TO READ ALL OF HER STUFF.
UM, ALL THE WORK COULD BE DONE BY THE CITY EMPLOYEES.
THE CITY COULD HARVEST THE DEAD TREES AND BRUSH AND THEN PROVIDE FIREWOOD AND
[00:30:01]
MULCH FOR THE COMMUNITY.A CITY COULD USE ANY LEFTOVER MATERIAL.
ANOTHER OPTION WOULD BE THE INITIAL WORK BEING DONE BY THE CITY EMPLOYEES.
THE CITY COULD HARVEST THE MATERIAL AND NOTIFY THE PUBLIC THAT IT IS AVAILABLE.
THE MATERIAL COULD BE PULLED OUT ONTO PARKING LOTS OR CLEARED AREAS FOR PUBLIC CUTTING.
THIS COULD CREATE A POSSIBLE LIABILITY RISK FOR THE CITY.
A THIRD OPTION THAT, UM, KAYWOOD IS, UM, BRINGING UP IS THAT NO WORK BY THE CITY EMPLOYEES AT ALL.
THE CITY COULD NOTIFY LOCAL COMPANIES THAT SELL FIREWOOD AND MULCH THEN, UM, AND THEN DESIGNATE DEAD TREES AND BRUSH THAT ARE AVAILABLE AS IS.
WHEREAS THE COMPANIES MIGHT LEAVE LESS DESIRABLE MIL MATERIAL THAT THE CITY WOULD HAVE TO REMOVE CLEANING UP THE PARKS AND CREEK BANKS COULD HELP THE CITY MANAGE WATER FLOW ISSUES DUE TO BUILD UP OF RUBBISH.
AND I'M SURE Y'ALL OF Y'ALL HAVE SEEN IT ON BRUSHY CREEK IN PARTICULAR.
IT COULD MINIMIZE FLOOD RISK, ASSUMING WE'D GET RAIN.
IT WOULD ALSO HELP ALLEVIATE THE RISK OF WILDFIRES WHEN WE DON'T.
SO I THOUGHT THAT WAS REALLY CUTE.
BUT ANYWAY, UM, PARK STAFF SHOULD, UH, UH, PRIORITIZE ISSUE THIS ISSUE.
AND I, AND I'LL BE, UH, ENCOURAGING UM, KAY TO SEND A MESSAGE IN ON THE MESSAGE BOARD.
UH, WE WOULD LIKE THE CITY TO WORK WITH OUR COMMUNITY AND IN OUR COMMUNITY.
I YIELD MY EXTRA TIME TO MR. WEAVER.
AT THE LAST MEETING, WE SAW SEVERAL EXAMPLES OF DISREGARD OF FIDUCIARY RESPONSIBILITIES, RUDE INTERRUPTIONS AND BULLYING AT ITS FINEST.
ROBIN SHOWED HERSELF AS AN EXPERT BULLY A COUPLE OF YEARS AGO.
SHE CONSIDERED THESE ACTIONS APPROPRIATE, DEMANDING RESIGNATIONS CARTE BLANC.
IT WAS A STANDARD SONG AND DANCE FOR HER.
EVEN NOW, SHE BULLIES FROM THE DIAS AND SHE JUST GOT THROUGH EXPLAINING SOME OF THE THINGS.
I RECEIVED SEVERAL CALLS THIS WEEK, THIS WEEK ALONE, ABOUT WHAT TOOK PLACE LAST MEETING.
AND EVERY PERSON THAT I TALKED TO SAID THAT THESE ATTACKS NEED TO STOP FROM THE DIAS ROBIN, YOU SEEM TO IGNORE THE FACT THAT YOU ARE NOW THE PUBLIC FIGURE SUBJECT TO THE SAME ANTICS YOU USED.
IF YOU CANNOT HANDLE THESE ATTACKS, THEN RESIGN.
THAT NOT ONLY GOES FOR COUNCIL PERSON SUTON, IT GOES FOR EVERY COUNCIL PERSON ON THE DIAS, ALL OF YOU.
EACH OF YOU ARE HERE AS A FIDUCIARY TO ENSURE THE PROTECTION OF THE CITY.
ITS TAX BASE AND ITS CITIZENS.
FOR THOSE THAT MIGHT NOT KNOW WHAT A FIDUCIARY IS, THAT'S A PERSON TO WHOM PROPERTY OR POWER IS ENTRUSTED FOR THE BENEFIT OF ANOTHER.
EVERYONE ON THE DIAS IS A FIDUCIARY FOR THIS CITY.
CRYSTAL KENZIE IS GOOD AT EYE ROLLING AND RUDE INTERRUPTIONS.
CRYSTAL SAID, WE ARE BASICALLY JUST REHASHING THE THING THAT TOOK PLACE BEFORE THE LAST ELECTION.
WELL, I DISAGREE WITH THAT STATEMENT.
WE HAVE A VERY CLEAR SITUATION WHERE A FORMER COUNCIL PERSON WAS, FOR LACK OF A BETTER TERM, DOUBLE DIPPING.
THERE ARE SEVERAL STATUTES THAT WOULD INDICATE THIS ACTION COULD BE INTERPRETED TO BE IMPROPER OR EVEN ILLEGAL.
THAT SEEMS TO BE FOLLOWED UP ON.
AND I HAVE 25 YEARS EXPERIENCE DEALING WITH PEOPLE WHO FELT THAT RULES DID NOT APPLY TO THEM.
EXCUSING THE PERPETRATOR AND ENGAGING IN DISTRACTING, SUPERFLUOUS HIPPO CRAP MAKES YOU AN ACCOMPLICE TO THE MISDEEDS THE COUNCIL WILL BE DISCUSSING TONIGHT.
AS A FORMAL FEDERAL FINANCIAL EXAMINER, I WOULD HAVE RECOMMENDED TO THE AGENT IN CHARGE OF ENFORCEMENT THAT THE FUNDS IN QUESTION BE RETURNED AND THAT THE OFFENDING PARTY BE REMOVED FROM OFFICE AND DISQUALIFIED FOR REHIRE.
CRYSTAL, IF YOU CANNOT IMPARTIALLY PERFORM YOUR FIDUCIARY DUTIES, YOU MUST RESIGN.
NOW, AS PETER GORDON STATED, ATTENDING COUNCIL MEETINGS ARE JUST ONE PART OF THE JOB, BUT IT'S THE ONLY PART FOR WHICH YOU RECEIVE COMPENSATION FOR THIS COMPENSATED PART OF THE JOB.
PERSONS ARE, ARE NOT YOUR COUNCIL PERSONS ARE NOT CONTRACTORS WHO CAN SET THEIR OWN SCHEDULES, METHODS, AND PLACES OF WORK.
COUNCIL PERSONS ARE EMPLOYEES.
THEY RECEIVE A W2, NOT A 10 99.
RANDALL WAS RIGHT ON TARGET WHEN HE READ PART OF THE AG
[00:35:01]
RESPONSE DURING THE MEETING DEMONSTRATING THAT THE QUESTIONED FUNDS OR SALARY.RANDALL, I SHOULD LET THE SPEAKER FINISH.
I WONDER IF THE OTHER COUNCIL MEMBERS READ THAT.
UH, RUDY, YOU NEED TO SAY ABOUT RUDY PEREZ.
RUDY PEREZ CALLED US JUST BEFORE THE MEETING.
RIGHT NEXT WE HAVE LUCAS EVANS.
I, UM, I LIVE AT 37 50 COUNTY ROAD, 1 32 SOUTH AND 2098 CARL STERN DRIVE.
NEITHER OF THOSE ADDRESSES COME UP ON ANY MAPS.
I CAN'T GET IN AND OUTTA MY HOUSE BARELY ANY DAY.
UM, VERY SIMPLY, IF WE COULD GET, I'M ASKING FOR HELP.
I REALLY APPRECIATE THE WORK Y'ALL ARE DOING.
I LOVE THE THE MANAGER COMMENTS.
I WAS ON THE BOARD OF KEY PUTTO.
I DIDN'T KNOW THAT WAS THIS WEEKEND.
I'VE DONE A LOT AND I WANT TO CONTINUE TO DO A LOT FOR THIS CITY.
MY OFFICE IS AT MY HOUSE AT WHICHEVER ADDRESS WE'RE INTO QUESTION.
UM, LENAR HAS REFUSED TO WORK WITH ME ANY FURTHER.
UM, THIS IS A 300 ACRE DEVELOPMENT, 900 HOMES.
I'M ONLY ASKING FOR THE ATTENTION OF ONE 900TH OF THE ATTENTION THEY'RE GIVING TO EVERYBODY ELSE.
WE HAVE NO ACCESS TO INTERNET NEXT OUR ELECTRICITY.
I'M NOT SURE WHAT'S GONNA HAPPEN THERE.
I'VE SEEN THOSE POWER POLES BREAK OVER IN JUST ABOUT EVERY MAJOR STORM THAT COMES THROUGH HERE.
AND THOSE ARE IN PEOPLE'S BACKYARDS AND THAT'S OUR ELECTRICITY.
AND THOSE ARE IN PEOPLE'S BACKYARDS THAT ARE KNOWN TO BLOW OVER AND BREAK.
UM, SO I GUESS THE BEST THING SHOULD BE CUZ WE'RE ONLY, THEY'RE ONLY BARELY HALFWAY DONE WITH THIS.
UM, AND THAT'S THE MOST BEAUTIFUL PART OF HATO IN MY OPINION.
MY FAMILY STEWARDED THAT PIECE OF LAND FOR SEVEN GENERATIONS AND I KNOW HOW THOSE CREEKS CAN FLOOD AND THAT'S JUST A BEAUTIFUL, LOVELY PLACE FOR THE CITY TO PAY ATTENTION TO.
AND 900 HOMES AND FUTURE RESIDES IN CURRENT.
IF MAYBE WE COULD DO LIKE A, UH, A CITY, UH, PUT IT ON THE AGENDA NEXT.
I DON'T KNOW IF I CAN MAKE THAT OR SOMEBODY COULD PLEASE PUT THIS ON THE AGENDA TO JUST LIKE CHECK IN ON THE COTTONWOOD DEVELOPMENT BECAUSE THEY'RE DOING THIS AND THAT AND GOING BACK AND FORTH.
AND I'M LEFT OUT TO DRY AT ANY GIVEN TIME.
I WOULD LOVE TO MAKE THAT HERE IN HUO.
LIKE I SAID, THAT IS MY RE ONE OF MY REGISTERED OFFICES.
IT'S REALLY A, A BLOOMING FLOURISHING BUSINESS AND I JUST NEED SOME HELP SERIOUSLY.
SO IF THAT COULD BE AN AGENDA ITEM, LIKE I SAID, LEONARD WILL REFUSE TO WORK WITH ME AND THEN THEY'RE NOT EVEN HALFWAY DONE.
UM, SO YEAH, WE COULD SAVE A LOT OF TROUBLE IF WE ADDRESS THIS NOW BEFORE IT GOES MUCH FURTHER.
AND IF YOU SEE THAT THEIR DRAINAGE DEAL, THE ENGINEERING PLANNING AND ZONING, UH, PLANNING AND ZONING.
BUT, UH, YEAH, SO I'M ALL OPEN.
YOU HAVE MY EMAIL, I'M HAPPY TO MEET.
BUT IF WE CAN MAKE THAT AN AGENDA ITEM, IT'S 300 ACRES, IT'S JUST EAST AND ALSO CARL STERN THAT ENDS AT MY DRIVEWAY, THAT ENDS AT MY PROPERTY LINE.
AND SO THAT'S MY MAJOR ASSET AND MY OFFICE AND THE MAIN EAST, WEST CORRIDOR THROUGH HU I WOULD WOULD LIKE TO KNOW WHAT THE PLANS ARE AND I THINK I SHOULD BE INTEGRAL TO THAT.
UM, I WANTED TO JUST BRIEFLY STATE THAT ON MONDAY I HAD APPLIED TO BE A VALUED MEMBER OF THE EDC AND, UM, I WAS INFORMED BY PETER THAT I WAS A UNANIMOUS UNANIMOUSLY SELECTED.
SO I JUST WANTED TO, UM, LET YOU ALL KNOW MY BACKGROUND, IF YOU HAVE ANY QUESTIONS, CONCERNS, BUT ALSO, UH, LET YOU KNOW THAT I CURRENTLY SIT ON THE LIBRARY BOARD AS WELL AS THE EMERGENCY PREPAREDNESS TASK FORCE.
SO I'M VERY DEDICATED TO THIS CITY.
I MOVED DOWN HERE IN MARCH OF 2020 BEFORE EVERYTHING TOOK PLACE.
SO THIS IS LITERALLY THE ONLY PLACE I KNOW IS HUDDLE CAME STRAIGHT HERE FROM CLEVELAND, OHIO.
SO, UH, CURRENTLY, UM, DEPARTMENT HEAD AT TEXAS MCCOMBS SCHOOL OF BUSINESS.
UM, ME AND MY WIFE, WE, HE, MIKE, UM, WAS HERE WHEN WE GOT MARRIED.
SO JUST LOVE, UM, BEING ABLE TO ANSWER ANY QUESTIONS THAT YOU ALL HAVE.
THE SINCERITY, THE GRACIOUSNESS THAT YOU ALL HAVE SHOWN ME IS, UH, BEEN VERY WELCOMING AND HUMBLING.
[00:40:01]
JUST HERE TO ANSWER ANY QUESTIONS AND LET YOU KNOW THAT I'M DEDICATED TO THE CITY.MARCUS, WE NEED SOME OF YOUR FRIENDS FOR SOME OF THE OTHER BOARDS.
I HAVE BEEN HERE ABOUT EIGHT YEARS.
I'M ONLY REPRESENTING LITTLE OLD LADIES WHO OCCASIONALLY ARE HANDICAPPED.
AND, UM, THERE'S ONE TINY ISSUE THAT THE, THE COUNCIL DOESN'T HAVE JURISDICTION OVER, BUT I WANTED TO BRING IT TO YOUR ATTENTION.
THE CITY OF HUDDLE HAS ONLY ONE UNITED STATES POSTAL SERVICE MAIL COLLECTION BOX THAT'S LOCATED AT OUR POST OFFICE OWN EXCHANGE BOULEVARD.
THAT DROPBOX WAS REMOVED AFTER IT WAS VANDALIZED ON JULY 13TH THIS YEAR, AND HAS NOT YET BEEN REPLACED.
I HAVE ASKED THEM A COUPLE OF TIMES WHEN IT WILL BE REPLACED, AND THEY'VE TOLD ME IT WILL TAKE MONTHS.
IT'S, IT'S BEEN THREE MONTHS NOW.
IF YOU'VE EVER BEEN ON CRUTCHES, ARE YOUR PERMANENTLY HANDICAPPED OR YOU'RE ELDERLY? I CAN ATTEST TO THE FACT THAT IT'S A REAL CHORE JUST GETTING IN AND OUT OF THE CAR, GETTING UP A CURB, GETTING INTO THE POST OFFICE.
UM, YOU REALLY DON'T KNOW UNTIL YOU'VE BEEN THERE.
AND SO I MISS HAVING THE DROPBOX.
I DON'T USE IT THAT OFTEN, BUT I'VE BEEN ON CRUTCHES FOUR TIMES IN FOUR YEARS, AND I'M PROBABLY GONNA BE ON CRUTCHES AGAIN IN DECEMBER.
SO, UM, ON BEHALF OF PEOPLE THAT USE THE DROPBOX.
AND ADDITIONALLY, UH, FOR THOSE WHO VOTE BY MAIL, MAIL IN BALLOT, UH, AND THEY PREFER TO PUT THEIR BALLOT IN A DROPBOX, THAT OPTION'S NOT AVAILABLE RIGHT NOW IN THE CITY OF HU.
SO IT, IT SERVES A LOT OF PURPOSES.
IT'S KIND OF A PUBLIC SERVICE THING TO HAVE A MAIL DROPBOX.
I'VE CHECKED WITH THE POSTAL SERVICE WEBSITE, AND THAT IS THE ONLY ONE LISTED IN THE CITY.
OTHERWISE WE HAVE TO GO TO FLUGER OR TAYLOR OR ROUND ROCK IN ORDER TO UTILIZE A DROPBOX.
SO ONCE AGAIN, I KNOW YOU DON'T HAVE JURISDICTION OVER U S P, BUT POSSIBLY JUST A FORMAL REQUEST FROM THE CITY THAT WOULD, UM, ASK THEM WHAT THE STATUS IS OF THE MISSING DROPBOX WOULD BE APPRECIATED.
YOU MAY NOT HAVE JURISDICTION, BUT WE KNOW PEOPLE WHO KNOW PEOPLE LIKE CONGRESSMAN CARTER AND THINGS LIKE THAT, THAT WE CAN REACH OUT TO.
AND DEBORAH, I'VE JUST GOT A CLARIFICATION QUESTION.
THAT'S THE ONE THAT YOU CAN DRIVE THROUGH, RIGHT? THE DRIVE-THROUGH ONE YOU TALKED ABOUT SIDE ONE? YEAH.
YEAH, AND I JUST WANNA ADD MY APPRECIATION TO EVERYBODY THAT SERVES ON THE COUNCIL.
I'VE NEVER HAD A PUBLIC POSITION, BUT I'VE BEEN ON A LOT OF BOARDS THROUGHOUT MY LIFE AND IT'S A HARD JOB NO MATTER WHAT BOARD YOU SERVE ON.
AND I AS A CITIZEN, APPRECIATE YOUR TIME.
THERE IS A POSITION ON THE ABA TASK FORCE
THAT BRINGS US UP TO THE CONSENT AGENDA ITEMS HERE.
IF I MAY, I'D LIKE TO REQUEST THAT WE MOVE ITEM 11.1 UP NEXT IN THE AGENDA.
ANY OBJECTIONS? NO, I'M SORRY.
[11.1. Consideration and possible action regarding possible appointments, re-appointments and/or removals to City Boards, Commissions, Task Forces, Economic Development Corporations, Local Government Corporations and Tax Increment Reinvestment Zone Boards, City Council Liaisons, and Area Government appointments.]
11 ONE CONSIDERATION POSSIBLE ACTION REGARDING POSSIBLE APPOINTMENTS, REAPPOINTMENTS AND OR REMOVALS TO CITY BOARDS, COMMISSIONS, TASK FORCES, ECONOMIC DEVELOPMENT CORPORATIONS, LOCAL GOVERNMENT CORPORATIONS AND TAX INCREMENT, REINVESTMENT ZONE BOARDS, CITY COUNCIL, THE LIAISONS AND AREA GOVERNMENT APPOINTMENTS.SO MAYOR THE NOMINATING COMMITTEE MET THIS PAST WEEK AND WE HAVE THREE NAMES THAT WE WOULD LIKE TO NOMINATE TO VARIOUS BOARDS AND COMMISSIONS.
UH, SO WE WOULD LIKE TO NOMINATE MARCUS COLEMAN TO SERVE ON THE ECONOMIC DEVELOPMENT CORPORATION, CHARLOTTE TIRE, TO SERVE ON THE PARKS ADVISORY BOARD.
AND JONATHAN JONATHAN DLE TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS.
AND ALL THREE OF THESE, UH, INDIVIDUALS ARE HERE TONIGHT.
DO WE HAVE A SECOND? CAUSE I GOT THEM BY EMAILS ON.
I'M SORRY, WHO WAS THAT? ONE SECOND.
I WASN'T AWARE THERE WAS AN OPENING ON EDC.
WHAT CREATED THAT OPENING? UH, IT WAS THE RESIGNATION OF CHENEY GABO.
SHE TOOK A PAID POSITION WITH THE CITY AND SO IT REQUIRED HER RESIGNATION.
WELL IT DIDN'T REQUIRE THAT SHE JUST,
[00:45:01]
OH, I MEAN, IT'S TECHNICALLY NOT, BUT SHE'S SUCH AN ETHICAL PERSON THAT SHE ASKED TO RESIGN, SO THERE WOULDN'T BE ANY POTENTIAL CONFLICT OF INTEREST.WE DID HAVE FOUR CANDIDATES THOUGH, THAT INTERVIEWED FOR, UM, NO, I'M JUST ASKING FOR CLARIFICATION CUZ SOME PEOPLE MAY NOT.
WE NEVER SAID THERE WAS AN OPENING AND IT DIDN'T GO OUT FOR PEOPLE TO KNOW THERE WAS AN OPENING AND THEY WERE FILLING IT WITHOUT GIVING ANY PUBLIC NOTICE THAT THERE WAS AN OPENING.
YEAH, IT DID HAPPEN PRETTY QUICK.
UH, SO WE INCLUDED, UH, HIS, UH, COUNCIL MEMBER CALLAR SAID WE INCLUDED, THERE WERE FOUR INDIVIDUALS WHO DID INTERVIEW, INCLUDING ONE WHOSE APPLICATION HAD BEEN ON FILE FOR ABOUT A YEAR AND A HALF.
SO I WENT THROUGH AND LOOKED AT ALL THE APPLICATIONS ON FILE AND CON AND CONTACTED EVERYONE WHO WAS, UM, WHO HAD EXPRESSED INTEREST IN SERVING ON EVC.
CAN I MAKE A REQUEST OF THE NOMINATING COMMITTEE WHEN YOU GET DOWN TO YOUR FINALIST THAT Y'ALL DECIDED THAT YOU SEND US THAT RESUME THAT WE THEN GET OF WHO YOU'RE PUTTING FORWARD FOR THIS COUNCIL MEETING SO THAT WE CAN HAVE ALL THE DATA BEFORE WE VOTE? SURE.
THAT'S NOT BEEN PART OF THE PROCESS.
WE CAN CERTAINLY DO THAT IF, I MEAN, IF I DON'T KNOW IF WE NEED TO CHANGE THE PROTOCOLS, WE CAN LOOK AT IT, BUT YEAH, I THINK THAT'S A GOOD IDEA.
SO THE MOTION THAT'S ON THE TABLE THAT'S BEEN SECONDED IS NOMINATING MARCUS COLEMAN TO EDC CHARLOTTE TIRE TO THE PARKS.
AND I BELIEVE IT WAS TONY GOLAY.
JONATHAN, JONATHAN RELAY TO THE BCA.
ANY OTHER DISCUSSION ON THE MOTION? YOU SAID THEY'RE ALL PRESENT THIS EVENING? YEAH, THEY'RE ALL HERE.
UM, NOW, UM, I JUST LIKE TO KNOW EVERYONE'S FACE.
WHO'S ON THERE? UM, MISS CHARLOTTE, ARE YOU HERE? AND THEN JONATHAN.
I JUST LIKE TO NAME WITH FACE.
AND CHARLOTTE WAS HERE LAST COUNCIL MEETING.
UM, AND PUBLIC COMMENT ABOUT THE PARKS.
SO IT'S GONNA BE A GREAT THING FOR HER
AND TO COUNCIL MEMBERS SUTTON'S POINT, IF THERE'S A BOARD THAT YOU'RE EVEN INTERESTED IN, GET AN APPLICATION IN.
CUZ LIKE I SAID WHEN IT CAME UP, CUZ WE HAD TO GET IT FILLED, WE NEED TO, UM, WE PULLED THE APPLICATIONS OF EVERYBODY THAT WAS ON FILE, SO YOU DON'T HAVE TO WAIT FOR A NOTICE OR THING.
YOU, IF THERE'S SOMETHING YOU'RE INTERESTED IN, WE'LL PULL THEM AS THE NOMINATING COMMITTEE, ALL THE RESUMES FOR WHEN SOMETHING COMES OPEN.
ALL RIGHT, ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE.
I'M SORRY, WHO WAS THE SECOND? THANK YOU.
EVERYBODY, ANY OTHER ITEMS FOR THAT ONE? NOT FROM US.
UM, AND MARCUS, YOU WILL HAVE, UH, A MEETING NEXT WEEK AND SEE WHO'S, OH, WE, WE HAVE A MEETING NEXT THURSDAY.
SO YOU CAN GET WITH BOB AS THE DAY GOES ON.
MY EYES GET SO
SOME OF YOU WILL HAVE TO BE SWORN IN, UM, TO YOUR POSITIONS AND, AND FIND OUT WHEN YOUR MEETINGS ARE AND ALL THAT KIND OF STUFF.
SO WE'LL, WE'LL COORDINATE THAT.
[CONSENT AGENDA ITEMS]
RIGHT.THAT BRINGS US BACK TO THE CONSENT AGENDA ITEMS. WE HAVE ITEMS 8 1 8 2 8 3 8 4, 8 5, AND EIGHT SIX UP FOR CONSIDERATION.
I'D LIKE TO PULL ITEMS 8 2 8 5 AND EIGHT SIX.
UM, I, WE NEED TO PULL EIGHT ONE AS WELL AND EIGHT ONE.
ANY OBJECTIONS TO THAT? IS IT FOR THAT ONE CORRECTION THAT I ALSO CAUGHT? WE COULD, WE COULD APPROVE IT WITH THAT CORRECTION.
THAT WAS, I JUST WANTED THE SIX OH VOTE FOR THE OTHER BECAUSE YOU ABSTAINED, BUT THEY LISTED AS SEVEN.
IN THE MEETING MINUTES, WHICH ITEM IS IT CORRECTED? UH, 14.22.
SO LET'S DO THIS SINCE WE'RE STARTING TO DISCUSS AN ITEM.
IT SAYS THERE'S NO OBJECTIONS AND THE CONSENT AGENDA ITEMS WILL BE EIGHT THREE AND 84 FOR CONSIDERATION.
SO MOVES MOTION BY MAYOR PROTE GORDON.
APPROVING ITEMS EIGHT THREE AND EIGHT FOUR IS PRESENTED.
AND BY COUNCIL MEMBER THORNTON, DO WE HAVE ANY DISCUSSION ON THE MOTION? JUST GLAD TO SEE, UM, THE SANDBOX BEING ABLE TO, TO HAVE A, A FACILITY FOR A NICE LONG STRETCH OF TIME.
ARE WE TALKING ABOUT THE SANDBOX THERE? AN EVENT COMING UP.
[00:50:08]
A LOT OF FUN.LAST YEAR WAS THE FIRST TIME WE DID IT.
ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE.
[8.1. Consideration and possible action on approving the September 1, 2022 City Council meeting minutes, October 6, 2022 Work Session minutes and October 6, 2022 City Council meeting minutes.]
EIGHT ONE CONSIDERATION AND POSSIBLE ACTION ON APPROVING THE SEPTEMBER 1ST, 2022 CITY COUNCIL MEETING.WORK SESSION MINUTES IN OCTOBER 6TH, 2022.
CITY COUNCIL MEETING MINUTES, OCTOBER.
SO MAYOR, ON ITEM 14.2, IT SAID SEVEN OH VOTE IT SHOULD BE SIX.
OH, WHICH, WHICH ONE OF THE MINUTES IN, IN THE MEETING? MINUTE 14.2.
ON THE OCTOBER 6TH CITY, CITY COUNCIL REGULAR MEETING.
A QUESTION TO APPROVE OF THAT CHANGE.
THERE'S ALSO, UM, IN THE COUNCIL MEMBER COMMENTS ON SEPTEMBER 1ST, IT LOOKS LIKE, UM, PROBABLY WE PROBABLY HAD CLOSED CAPTIONING AND KIND OF LOOKED IT OVER AND SOME OF MY COMMENTS GET A LITTLE BIT, UH, SEEMS LIKE I ALMOST HAD A MEDICAL ISSUE AT THE END OF THE COMMENTS.
AND SO I'D LIKE THAT JUST TO BE REVIEWED AND CLEANED UP.
SOME OF THE SENTENCES DON'T MAKE SENSE AT THE END OF THAT.
AND I KNOW THAT I CAN MAYBE RAMBLE A LITTLE BIT FROM TIME TO TIME, BUT I DON'T THINK I SAID EXACTLY WHAT WAS LISTED IN THE, IN THE MIDDLE.
COUNCILWOMAN, YOU HARDLY TALK.
I DON'T KNOW IF YOU'D RAMBLE, BUT ALL RIGHT.
UM, SO IS THERE A MOTION FOR THIS ITEM? I'LL MAKE A MOTION TO APPROVE.
WITH THE CHANGES AS DESCRIBED.
AND TO REVIEW COUNCILMAN OR THORNTON'S COMMENTS.
HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER SUTTON AYE.
[8.2. Consideration and possible action to execute Individual Project Order (IPO) 2022-08 for professional engineering services with Garver, LLC to design transportation, drainage and associated roadway improvements for CR 137 from FM 1660 to Adam Orgain Park, near Brushy Creek in the amount of $743,307.00. ( Wade Benton)]
US TO ITEM EIGHT TWO CONSIDERATION AND POSSIBLE ACTION TO EXECUTE INDIVIDUAL PROJECT ORDER IPO 2022 DASH ZERO EIGHT FOR PROFESSIONAL ENGINEERING SERVICES WITH GARVER LLC TO DESIGN TRANSPORTATION DRAINAGE, AN ASSOCIATE ROADWAY IMPROVEMENTS FOR CR 1 37 FROM FM 1660 TO ADAM OR GAIN PARK NEAR BRUSHY CREEK IN AMOUNT OF $743,307.WAIT, I JUST HAD SOME QUESTIONS.
I GUESS THE FIRST ONE, LEGAL ON FORM 1290, SINCE WADE WORKS FOR GARBER, SHOULD WADE BE ON THE FORM 1295 SINCE IT'S ABOUT, I DON'T, I MEAN THAT FORM IS TYPICALLY FOR OFFICERS OF THE FIRM.
YEAH, WELL NOT NECESSARILY BECAUSE IF YOU'RE AN INTERMEDIARY, YOU WOULD HAVE TO BE ON THERE, WHICH WOULD JUST BE AN EMPLOYEE THAT WAS INVOLVED IN ANYTHING DEALING WITH IT.
LIKE IF, UH, IF CHRISTIAN WORKED FOR, IF CHRISTIAN WORKED FOR, UH, SOME OTHER COMPANY AND HE HELPED DRAFT A DOCUMENT, HE WOULD HAVE TO BE ON THERE ACCORDING TO THE, I JUST BRING THAT UP AS A, I DON'T KNOW, I DON'T KNOW WHAT OUR STANCE ON THAT IS.
IT'S KIND OF AN OPEN ENDED AND THEN, SO THIS ONE I HAD MORE, I HAD MORE QUESTIONS ON THIS ONE.
WAIT, ONE OF THEM WAS, IT TALKS ABOUT, IF I'M READING THIS RIGHT, IT TALKS ABOUT PART OF THE SCOPE IS DOING A TIA NO PART, PART OF THE SCOPE IS, UM, PREPARING A TRAFFIC STUDY.
AND PART OF THAT TRAFFIC STUDY WOULD BE INCORPORATING, UH, THERE WERE A NUMBER OF TIAS, UH, THAT WERE PERFORMED ON THE ADJACENT PROPERTIES THAT ARE CURRENTLY EITHER IN PERMIT OR HAVE RECENTLY OBTAINED PERMIT.
AND SO MAKING SURE THOSE TRAFFIC COUNTS WERE ACCOUNTED FOR IN THE OVERALL INTERSECTION AND ROADWAY DESIGN.
SO, UM, IT'S BASICALLY TAKING THAT INFORMATION AND INCORPORATING THAT INTO THE DESIGN OF THIS PROJECT, MAKING SURE THAT WE HAVE ALL THE, THOSE ANTICIPATED USES AND TRAFFIC
[00:55:01]
MEMBERS ACCOUNTED FOR.SO IT'S MORE TAKING, IT'S A STUDY OF ALL THE TIAS WE'VE DONE IN THE AREA, COMBINING THEM AND THEN, AND THEN EVALUATING THE, THE PROPOSED GEOMETRY FOR THOSE TRAFFIC COUNTS.
I DID HAVE SOME CONCERNS TOO ABOUT THE ROUNDABOUT AND THE REASON I HAD CONCERNS ABOUT IT IS WE'VE ALREADY APPROVED EVERYBODY'S DEVELOPMENT AROUND THERE AND NOT TO KNOCK THE TRAFFIC CIRCLES, BUT THEY'RE A LITTLE BIT SMALLER THAN WHAT WE ORIGINALLY TOLD THEY WERE GONNA BE.
AND SO IF WE HAVE TO GO GET RIGHT AWAY, THIS WAS A STOP, STOP SIGN INTERSECTION LIKE TWO YEARS AGO AND IT JUST GOT SYMBOLIZED AND THEN NOW WE'RE LOOKING A ROUNDABOUT, WHICH IS FINE IF WE GO AT THE ROUNDABOUT ROUTE.
BUT THE WAY I UNDERSTAND THE SCOPE IS THAT AFTER 30% COMPLETE AND WE SPENT ROUGHLY $200,000, WE THEN MAKE A DECISION.
DOES THE ROUNDABOUT MAKE SENSE? AND SO I WOULD HOPE BEFORE WE WENT INTO THE PROCESS, BEING PEOPLE REALLY SMART IN THE WHOLE ENGINEERING, WE WOULD ALREADY SAY WE'RE GONNA DO A ROUNDABOUT OR WE'RE NOT.
BUT IF WE SPEND $200,000 AND THEN GET 30% IN AND GO, ACTUALLY THAT DIDN'T WORK.
WE GOTTA START OVER AGAIN OR WE GOTTA MODIFY IT, THEN IT SEEMS LIKE WE'RE JUST, IT ALMOST SEEMS LIKE WE'RE, WE'RE SHOOTING FROM THE HIP AND THIS PARTICULAR INTERSECTION, THIS IS WHY I'D LIKE TO SEE US PRIORITIZE OUR C I P PROJECTS CUZ THIS ONE SEEMS LIKE WE PROBABLY NEED TO LOOK AT A LITTLE BIT MORE BEFORE WE GO MAKE SOME OF THE DECISIONS OR GO DOWN A PATH.
AND THERE'S OTHER INTERSECTIONS OUT THERE THAT POTENTIALLY, I MEAN PEOPLE COMPLAIN ABOUT TRAFFIC EVERYWHERE, BUT SOME OF 'EM ARE DOWNRIGHT DANGEROUS AND THEN SOME OF THEM ARE JUST A HASSLE.
SO I BRING THAT UP AS A, A CONCERN OF MINE.
UM, I MEASURED, I DON'T KNOW WHAT A ROUNDABOUT WORKS AND MY GUESS IS IT PROBABLY HAD TO BE TWO LANES BECAUSE YOU WOULDN'T WANNA BUILD IT AND DO ONE LANE, RIGHT? BECAUSE WE'RE GOT TO COME BACK AND SO THERE'S ONLY 96 FEET OF WIDTH ON 1 37 AND 137 FEET FROM THE CORNER SOUTH SIDE ACROSS.
AND I DON'T KNOW WHAT THAT ENTAILS, BUT IF A LANE'S 14 OR 15 FEET WIDE SEEMS LIKE SOME OF THIS, WE WOULD JUST BE ABLE TO LOOK AT AND GO, THIS IS A PROBLEM.
CUZ I DON'T WANT THE DEVELOPER ON THE NORTH END.
I THINK THEY'VE GOT APARTMENTS OR SOMETHING GOING THERE.
I DON'T WANNA ALL OF A SUDDEN COME IN AND GO, HEY GUYS, TIME OUT.
UM, WE ACTUALLY NEED 60 FEET OF RIGHT AWAY CUZ WE DECIDE TO PUT A ROUNDABOUT IN WHEN LAST YEAR YOU CAME THROUGH AND WE WEREN'T GONNA DO THAT.
SO THESE ARE JUST CONCERNS I'M THROWING UP.
UM, 13 HAS A DEAL ABOUT EXTRA WORK, 13 B STANDALONE DRAINAGE STUDY.
AND IF I REMEMBER RIGHT, THIS BEING EXTRA WORK IN TERMS OF, IT'S NOT PART OF THE SCOPE, BUT I WOULD ALMOST THINK WITH THE AMOUNT OF FLOODING THAT THAT AREA HAS AND THAT ROAD CLOSES, LIKE EVERY TIME WE GET A BRIEF SHOWER, ROADS CLOSED.
SO I WOULD HOPE THAT A DRAINAGE STUDY WOULD NOT BE A POTENTIAL EXTRA ITEM.
IT WOULD JUST BE LIKE, HEY, WE'RE NOT GONNA GO SPEND FOUR AND A HALF MILLION DOLLARS AND THEN GO, WELL WE SHOULDN'T HAVE SKIMPED ON THE DRAINAGE STUDY.
SO I'D LIKE TO SEE US THINK ABOUT THAT A LITTLE BIT IN TERMS OF, UM, AND IT HADN'T, WE, WE HEARD ABOUT IT HADN'T RAINED IN HUDDLE HARD IN LIKE A YEAR, BUT WHEN IT DOES, UM, I DON'T KNOW THERE'S GONNA BE AN ISSUE THERE PROBABLY.
AND THEN G UH, WAS A LEVEL A OR B UH, SUV INVESTIGATION, THAT BEING EXTRA, THAT CONCERNS ME, THAT'S EXTRA BECAUSE ON LIVE OAK WE'VE ALREADY HIT THE NATURAL GAS LINE THREE TIMES.
AND SO I WOULD HOPE THAT WE'RE DOING SOME KIND OF UTILITY BEFORE WE GO DESIGN EVERYTHING AND SOMEONE GOES OUT THERE AND STARTS WORKING, I'D LIKE TO SEE US GO AHEAD AND SPEND THE MONEY WHETHER IT NEEDS TO BE A LEVEL A OR B OR WHATEVER IT'S GOTTA BE, BUT SOMEHOW UNDERSTAND EXACTLY WHERE THE UTILITIES ARE BECAUSE YOU KNOW, ONE DAY WE'RE GONNA KILL SOMEBODY WHEN WE HIT THE WRONG LINE AND DOWN THERE, I DON'T KNOW IF THERE'S NATURAL GAS, BUT IT MAY JUST BE A WATERLINE OR SOMETHING THAT'S NOT AS SERIOUS.
BUT SOME OF THOSE SEEMS LIKE THEY PROBABLY OUGHT TO JUST BE PART OF THE SCOPE.
AND THEN, UM, THE SCHEDULE, I'M JUST NOT BUYING THE SCHEDULE.
SO IF I UNDERSTAND THIS RIGHT, WE GIVE A, WE VOTE TODAY, WE APPROVE IT, NOTICE OR PROCEED, GARBER STARTS IN 10 DAYS.
WITHIN 80 DAYS THEY GOT A 30% OF IT COMPLETED.
AND THEN I, LET'S SAY THE CITY TAKES A WEEK, 60 DAYS FROM THAT APPROVAL, THEY'VE, THEY'RE AT 60%.
WE TAKE A WEEK, 40%, OR I'M SORRY, IN 40 DAYS IT'S A HUNDRED PERCENT COMPLETE.
SO THE WAY I READ THIS, THIS THING'S GONNA BE COMPLETE, DESIGNED IN 180 DAYS, SIX MONTHS.
WE'RE STILL DESIGNING 1660 IN LIMBER LOOP.
AND I DON'T KNOW WHAT THE HANGUP ON THAT IS, BUT IF THAT'S TAKING TWO YEARS AND WE'RE SAYING SIX MONTHS AND THERE'S A LITTLE CAVEAT THAT'S OUT THAT WE GOTTA GO TO TEXT OUT OR SOMETHING.
SO IF THEY REALLY THINK THEY CAN DO THIS IN SIX MONTHS, THEN I SAY IT OUGHT TO BE A PENALTY IF IT TAKES YOU MORE THAN NINE MONTHS BECAUSE NO ONE HAS GOTTEN ANYTHING DONE.
[01:00:01]
EVEN EVEN THE TRAFFIC CIRCLE, WE SAID 10 DAYS, IT TOOK 40.SO MAYOR AT THE BACK, THE LAST ATTACHMENT IS THE DETAILED SCHEDULE, WHICH INCLUDES REVIEW TIMES OR INCLUDES, UH, UM, UH, CONSTRUCTION, BID PHASE, ALL THOSE.
AND SO, UM, TO YOUR POINT, YES, THAT MAYBE THIS SCHEDULE MIGHT BE A LITTLE, COULD BE INTERPRETED A DIFFERENT WAY.
IF YOU LOOK AT THE, THE DETAILED SCHEDULE, IT IS A, IT IS A LONGER DURATION THAN 180 DAYS FOR DESIGN.
AND THAT INCORPORATES TECH STOCK COORDINATION AND PERMITTING AND AS WELL AS ANY ENVIRONMENTAL, UM, PERMITTING RELATED TO THAT.
SO, UM, THE ACTUAL, AND THESE ARE FROM NOTICE TO PROCEED FROM THE NEXT, FROM THE PRIOR PHASE.
SO THERE IS GONNA BE POTENTIALLY SOME LAG TIME IN BETWEEN THOSE PHASES.
SO THE DETAILED SCHEDULE IN THE BACK AND TRIES TO ACCOUNT FOR THOSE.
UM, SO IF, IF, I MEAN WE CAN CERTAINLY GO BACK AND PROVIDE A, A CLEARER SUMMARY FOR YOU THAT TRY TO, I'D JUST LIKE TO SEE HIM TOGETHER.
THE GANT, IF THE GANTT SCHEDULE IS SHOWING WHATEVER ONE YEAR, BUT THE PROPOSAL IS SHOWING SIX MONTHS, TO ME THEY OUGHT TO BE SOMEWHAT, I MEAN, YOU GUYS KNOW, OR SOMEONE SHOULD KNOW WHAT IT TAKES TO GO THROUGH TEXT DOT EITHER THROUGH ALREADY HAD CONVERSATIONS, IT'S GONNA BE A 60 DAY PROCESS.
BUT I JUST FEEL LIKE WE, CUZ THIS IS GONNA COME OUT, WE WANNA BE ABLE TO TELL PEOPLE THAT, HEY, THIS THING'S GONNA BE HIT CONSTRUCTION SUMMER OF 23 AND THEN THEY'RE GONNA EXPECT SUMMER 23.
BUT IF WE END UP IN 2025 BEFORE WE HIT BECAUSE WE HIT SOMETHING.
UM, SO ANYWAY, THAT'S MY DEALS.
THE LAST ONE WAS THE SURVEYING.
IT'S THE MOST EXPENSIVE SURVEY NUMBER I'VE SEEN.
YOU SEE, IT'S ABOUT 2000 AN ACRE.
UH, UH, WHEN I SEE 55,000, IT, IT'S JUST A, IT'S JUST A ROAD GOING.
THERE'S NOT, THERE'S, THERE'S NOT LIKE TREES EVERYWHERE.
AND SO I KNOW IT GOES BACK TO I'M USED TO A WORLD OF BIDDING AND THIS IS MORE OF A WORLD OF PEOPLE NEGOTIATING THE LOWEST PRICE.
UM, I JUST CAUTION EVERYBODY THAT WE GO SO FAST AND WE JUST STARTED APPROVING HUNDREDS OF THOUSANDS OF DOLLARS AND ONCE YOU APPROVE IT, IT'S GONE.
AND, UM, WE DON'T EVEN KNOW EXACTLY WHAT WE'RE GONNA DESIGN YET.
SO THIS PARTICULAR ONE'S GOT, GOT ME A LITTLE CONCERNED JUST CUZ WE DON'T KNOW, UM, SOME OF THE DETAILS.
BUT OUTSIDE OF THAT, UM, SO I GUESS NOW THAT IT'S PULLED, ONE OF THE QUESTIONS THAT, UH, I WAS JUST GONNA ASK LATER, BUT I'LL ASK IT NOW.
SO THE TRAFFIC CIRCLE STUDY, IT'S MY UNDERSTANDING THAT THE REASON WHY YOU WAIT UNTIL 30% IS BECAUSE SOME OF THAT MONEY YOU NEED TO INVEST INTO THE STUDY TO FIND OUT WHETHER IT'S FEASIBLE THERE OR NOT.
IS THAT PART OF THE REASON WHY YOU'RE MAKING 30 OR WHAT? WELL, THAT'S, THAT'S PART OF THE REASON AND IN 30% YOU'RE GONNA HAVE, FOR THE CORRIDOR, YOU'RE GONNA HAVE A, A MUCH BETTER IDEA OF THE OVERALL, UH, GEOMETRY, THE DRAINAGE CONSTRAINTS, ANY UTILITY CONFLICTS, UH, RIGHT AWAY, UM, CONFLICTS POTENTIALLY.
UM, AND, AND TO HAVE ENOUGH AND HAVE DETAILED SURVEY INFORMATION TO, TO REALLY GET DOWN TO SOME DETAIL TO WHERE YOU CAN MAKE SOME DECISIONS.
UM, REALLY AT EVERY KIND OF TYPICAL MILESTONE, THAT'S REALLY WHAT YOU'RE LOOKING AT IS WHAT, WHAT ARE OUR ESTIMATED COSTS? UH, WHAT DO WE KNOW, WHAT DO WE DON'T KNOW? WHAT ARE OUR RISKS? AND THAT, THAT FEEDS INTO ANY, UH, CONTINGENCY YOU MIGHT DEVELOP IN YOUR COST ESTIMATES OR IDENTIFY ANY RISKS EITHER TO THE SCHEDULE OR JUST TO THE PROJECT IN GENERAL.
AND SO, UM, FOR A PROJECT LIKE THIS, AT 30% YOU SHOULD HAVE A PRETTY GOOD HANDLE ON THE, THE CONSTRAINTS ON THE PROJECT AND WHERE, UM, WHETHER THAT PARTICULAR CONCEPT IS FEASIBLE OR NOT IN TERMS OF BOTH COST AND SCHEDULE.
AND THEN THE FOLLOW UP QUESTION OF THAT WAS, THERE'S ALREADY A SIGNAL THERE AND TO THE MAYOR'S POINT, IT'S NOT BEEN THERE VERY LONG.
IS THERE AN OPPORTUNITY TO REPURPOSE THAT SIGNAL FOR ANOTHER INTERSECTION SOMEWHERE? OR WHAT WOULD HAPPEN TO THAT SIGNAL? UM, THAT'S SOMETHING WE COULD INVESTIGATE.
UH, RIGHT NOW TEXT DOT OWNS THAT SIGNAL, SO, UM, YEAH.
YOU KNOW, THE PHYSICAL COMPONENTS OF THAT, YOU KNOW, WE COULD, SO THEY MAY CHOOSE WHERE THEY WANT TO REPURPOSE IT.
WELL, I THINK THAT'S WORTH A DISCUSSION WITH THEM TO, TO, TO DIG INTO THAT, BUT I, I CAN'T ANSWER FOR THEM AT THE MOMENT, BUT THAT'S CERTAINLY SOMETHING WE CAN TALK ABOUT IF, IF A ROUNDABOUT IS INDEED THE, THE ROUTE WE END UP GOING.
UM, SO, OKAY, THE OTHER QUESTION, I SAW THAT THE FINAL COMMENTING AND EVERYTHING WAS JULY 20 13TH OR SO, BUT THEN YOU DON'T SHOW CONSTRUCTION STARTING UNTIL FEBRUARY OF 24 PLUS.
WHY, WHY IS THERE A, IS THAT JUST BECAUSE YOU'RE ANTICIPATING THAT WATERFALL TO KEEP PUSHING OUT? OR WHY IS THERE A SIX MONTH DELAY FROM FINAL? WELL, ACTUALLY EIGHT MONTHS FROM FINAL AND YES, YOU HAVE 30 DAY BIDDING PROCESS, BUT, WELL, THIS, THE INTERSECTION ITSELF IS ON A, IS UM, ON 1660,
[01:05:01]
WHICH IS ON THIS TECH STOP FACILITY.AND, UM, WHAT WE'VE BUILT IN THIS SCHEDULE IS TO, TO FIT WITHIN THEIR TYPICAL LETTING CYCLE.
AND WHAT THAT MEANS IS, UM, ONCE WE GO THROUGH ENVIRONMENTAL CLEARANCE AND ALL THE PERMITTING AND APPROVALS, UM, THEY WANT TO HAVE ALL THOSE IN HAND FOUR MONTHS OUT FROM WHEN THEY SET THE BID DATE.
AND SO TO GET, UM, THERE'S OPPORTUNITIES TO, TO SHRINK THAT, BUT THAT'S THE, THAT'S THE KIND OF THE TYPICAL SCHEDULE.
AND SO THERE'S SOME OPPORTUNITIES WHERE WE CAN, I MEAN, WE CAN, WE WILL BE, UM, VISITING WITH THE DISTRICT AND THE AREA OFFICE TO TRY TO SHRINK THAT DOWN.
AND IF THAT'S A LOCALLY LET PROJECT, IN OTHER WORDS, THE CITY LETS THAT PROJECT SIMILAR TO WHAT WE'RE DOING ON 1660, UH, NORTH, THERE MIGHT BE AN OPPORTUNITY TO SHRINK THAT TIMEFRAME.
BUT WE'VE SHOWN THAT IN THE SCHEDULE BECAUSE THAT'S, THAT IS THE STANDARD.
SO, UH, AND THEY'VE, THEY'VE SET THAT BECAUSE THEY'VE GOTTEN INTO SITUATIONS IN THE PAST WHERE THEY'VE, THEY'VE, UM, BID AND AWARDED A PROJECT WHERE MAYBE THERE WAS, YOU KNOW, SOME UTILITY THAT WASN'T MOVED YET OR THEY THOUGHT THAT IT HAD BEEN.
AND SO TO TRY TO MITIGATE RISK, THEY DIAL IT BACK AND HAVE A FOUR, BASICALLY A FOUR PLUS MONTH BUFFER ON THEIR SCHEDULES.
I SHOULD ADDED TO, UH, SUE MANAGER.
I THINK THEY REGRADED PART OF THE ROAD WHEN THEY, I THINK WE, THE ROAD WAS JUST DONE A YEAR AGO MM-HMM.
THEY PUT A KIND OF A TILT TO IT AND LIFTED IT UP.
OBVIOUSLY THIS ISN'T ANYBODY THAT'S WORKING THIS BUILDING TODAY, BUT THESE ARE THE COORDINATION THINGS.
I THINK WE'RE BLOWING ONE OPPORTUNITY AND THEN WE'RE BLOWING MILLIONS IN THAT WE, WE DESIGN PROJECTS, WE LET PEOPLE GO ON AND THEN WE COME BACK AFTER THE FACT, SAY WE NEED RIGHT AWAY, OR THE STATE PUTS UP A SIGNAL LIKE A DURANGO, AND THEN WE TURN AROUND AND MAKE THE GUY TEAR IT BACK DOWN AND PUT A FOURTH LEG ON, WHICH COMPLETELY REDOES IT.
AND I JUST KNOW PEOPLE SEE MONEY SPENT TO BE REDONE AND RES SPENT AND IT KEEPS SOME PEOPLE VERY BUSY, BUT IT'S NOT GETTING, WE'RE JUST NOT, IT'S LIKE WE'RE TREADING WATER.
BUT YEAH, AGAIN, IT'S NOT, IT'S NOT WAGE DEAL.
HE WASN'T HERE FOR THIS, UH, THIS THING I THINK HAPPENED 18 OR 19.
IF, IF, IF YOU'RE REFERRING TO 1660, I MEAN, THAT WAS A, THAT WAS A COUNTY PROJECT, UM, THAT WAS ON TECH STOP FACILITY.
SO IT WAS A COUNTY FUNDED PROJECT.
THERE WAS SOME CITY COMPONENTS TO IT.
I THINK THE CITY EXTENDED A WATER LINE, SOME OTHER THINGS, BUT THAT WAS, UH, THOSE WERE NOT CITY DOLLARS THAT WERE SPENT ON THAT ROAD.
AND THAT WAS A COUNTY PROJECT THAT WAS ON TEXTILE FACILITY.
AND I MEAN TO SAY CITY DOLLARS, WHAT I MEAN IS IF THE, FOR THE COUNTY TO GO SPEND A MILLION AND THEN A CITY COME BACK AND RIP IT UP AND SPEND A MILLION, IT'D BE BETTER IF WE'D WORK TOGETHER AND JUST ONE PERSON SPENT THE MONEY ONCE AND THEN EITHER THE COUNTY HAS MORE MONEY TO SPEND ON THE SOUTHEAST LOOP OR WE HAVE MORE MONEY TO SPEND ON SOMETHING.
BUT IT'S, YOU KNOW, IT'S LIKE ONE GUY DOES SOMETHING AND THEN WE TURN AROUND IN A YEAR, WE, WE'VE GOT A LIFT STATION, WE'RE DOING THAT TOO.
SOMEONE PUT IT IN A CONCRETE'S NOT CURED, WE'RE GONNA TEAR IT OUT.
AND SO IT JUST, WHATEVER WE GOTTA DO TO COORDINATE TO BE ABLE TO GET IT TO WHERE WE'RE ALL ON THE SAME PAGE, UM, IT JUST BLOWS ME AWAY TO SEE A INTERSECTION THAT, I MEAN, POTENTIALLY WE JUST GOT DONE THAT WE'RE, WE'RE GONNA REDO ANOTHER YEAR.
MAYOR FOR THE RECORD, JAMES, I, CITY MANAGER.
UM, WHAT YOU'RE DESCRIBING, UH, IS IS CERTAINLY OBVIOUS TO ME TOO.
AND IT'S NOT UNIQUE OBVIOUSLY, BECAUSE THEY'RE DIFFERENT JURISDICTIONS WITH DIFFERENT AUTHORITIES AND, YOU KNOW, THEY'RE ALL OPERATING AND KIND OF CHARGING, YOU KNOW, WITH THEIR OWN, WITH THEIR OWN, UH, MISSIONS.
BUT IT IS SOMETHING THAT I'VE BEEN WORKING ON TRYING TO START TO PULL IN THE VARIOUS DIFFERENT ENTITIES SO WE CAN COORDINATE, BECAUSE YOU DO HAVE TO HAVE THE OVERALL VISION OF WHAT YOU'RE TRYING TO ACCOMPLISH FOR PARTNERSHIPS LIKE YOU'RE DESCRIBING TO ACTUALLY WORK.
UM, THE COUNCIL'S MAKING STEPS THAT WAY BY ADOPTING SOME OF THESE MASTER PLANS.
THE TRANSPORTATION, SINCE THAT'S WHAT WE'RE TALKING ABOUT, IS CERTAINLY THE NEXT MASTER PLAN THAT THE COUNCIL'S GONNA HAVE TO TACKLE.
AND IF I'M CAN JUMP IN, UM, MY NOTES ON THIS AGAIN, WHEN WE RECEIVED ALL THESE PROJECTS BACK IN JULY, UM, AND WE KIND OF TALKED ABOUT PRIORITIZING THEM BACK IN JULY, UM, THE COUNTY CAN'T ANTICIPATE WHAT WE'RE GOING TO ADD.
THE COUNCIL ADDED THE NARROWS, THE COUNCIL ADDED, UM, I CAN'T REMEMBER THE NAME OF THE PROJECT ON THE OTHER SIDE BY FARLEY.
SO IT DOESN'T COMPLETELY BLOW MY MIND BECAUSE I, I KNOW WHAT WE'RE APPROVING AND IT'S ACTUALLY THE TURN LANES IS WHAT IT'S BEING ADDED.
AND THOSE ARE THE RESULTS OF THE TIA OF THOSE PROJECTS.
SO THE PROJECTS ARE COMING FORWARD.
THIS IS THEIR TIA THIS IS, THEY'RE SAYING WE'RE GONNA HAVE TO ADD TURN LANES.
AND, UM, ONE OF MY OTHER NOTES WEIGHED, I HAD A QUESTION MARK NEXT TO IT.
UM, WITH THAT BEING SAID, ARE IMPACT FEES GONNA PLAY INTO THIS IN THE TOTAL COST AND MAYBE IT'S MORE OF A FINANCE QUESTION? SO THERE HAVE BEEN, UM, UM, TRAFFIC IMPACT FEE IS ASSESSED FOR
[01:10:01]
THOSE SURROUNDING PROPERTIES.SOME OF THOSE, UM, FEES HAVE BEEN COLLECTED BECAUSE THEY'VE, UM, THE PARTICULAR DEVELOPMENTS HAVE EITHER PULLED THEIR BUILDING PERMIT OR THEY'RE AT THAT STAGE.
OTHERS ARE, UM, YET TO BE COLLECTED.
UM, BUT THEY WILL BE PRIOR TO THOSE PROJECTS COMING ONLINE.
SO THERE ARE SOME FUNDS THAT WILL, THOSE PROJECTS WILL BE GENERATING.
SO THAT'S WHY FOR ME, THIS ISN'T NECESSARILY, UM, BLIND SIDING.
I MEAN, IF WE KEEP ADDING MORE AND MORE DEVELOPMENTS ON BOTH SIDE OF THE ROAD, I MEAN, WHAT WORKED FOR THE COUNTY WHEN THEY DID THE STUDY, I'M SURE TWO YEARS AGO, ALL OF THOSE DEVELOPMENTS AND APARTMENTS AND HIGH DENSITY, IT WASN'T THERE.
SO I MEAN, WE DID ADD THAT AND AS A RESULT WE'RE GONNA HAVE TO GO BACK AND, UM, REDO THAT AND HOPEFULLY SOME OF THE FEES WILL BE RE RECOUPED WITH THEIR IMPACT FEES.
UM, AND THEN AS FAR AS LOOKING, UM, DEEPER AT SOME OF THOSE STUDIES, I THINK THAT SOME OF THEM MAY END UP BEING NECESSARY WEIGHED WITH THE SURVEYING.
UM, JUST BECAUSE OF THE WAY THAT THE DRAINAGE IS THERE.
IT'S, IT'S, I MEAN, I'M SURE YOU, YOU KNOW, WHAT IT, WHAT IT LOOKS LIKE, BUT IT'S A HUGE WHOLE, IT'S A BIG CASCADE, ALMOST LIKE A WATERFALL, BUT THEN IT DOESN'T REALLY DRAIN DOWNWARDS APPROPRIATELY.
SO I DON'T KNOW, THERE'S GONNA BE, IN MY OPINION, THERE'S GONNA BE A LOT OF THINGS THAT'S GONNA HAVE TO BE FIXED THERE WITH THE DRAINAGE.
UM, AND LIKE THE MAYOR SAID, IT FLOODS THAT ROAD FLOODS EVERY SINGLE TIME.
SO I DON'T THINK THIS IS JUST LIKE AN EASY SNAPSHOT.
THIS IS JUST A MAIN ONE CORRIDOR ROAD.
THERE'S A LOT OF FLOODING, UM, THAT HAPPENS NORMALLY.
AND NOW THAT WE'VE PULLED UP THAT WHOLE FIELD WHERE THE NARROWS IS GONNA BE AND THE DRAINAGE ISSUES, I FEEL LIKE THIS IS GONNA END UP BEING A LITTLE BIT LARGER OF, OF A SCOPE AND A SURVEY JUST FOR ME KNOWING THE AREA.
UM, CAN I ADDRESS THAT? YES, PLEASE.
SO I JUST WANNA BE REAL CLEAR, THERE IS A DRAIN, THERE IS A DRAINAGE COMPONENT TO THIS PROJECT, A DRAINAGE ANALYSIS, A DRAINAGE COMPONENT TO THE PROJECT.
UM, WHAT IS NOT INCLUDED IS ANY KIND OF, UM, AND, AND THE WORDING WAS, UM, COULD BE BETTER, BUT IT IS NOT ANY, UM, FLOOD PLAIN ANALYSIS ALONG BRUSHY CREEK BECAUSE AS YOU KNOW, THE FLOOD PLAIN THROUGH BRUSHY CREEK, UM, TOUCHES, UM, COMES UP INTO THE, INTO THE PARK THERE.
UH, IT, IT'S WITHIN THE PROJECT LIMITS.
WE ARE, WE ARE NOT, UM, DOING FULL SCALE, UM, ANALYSIS RELATED TO THAT.
WE ARE, UM, THE SCOPE DOES INCLUDE ANALYSIS AND IMPROVEMENTS FOR DRAINAGE ALONG THAT CORRIDOR FROM 1660 SOUTH.
SO, SO HOW DO YOU DO THAT WITHOUT TAKING, I'M SORRY, DON'T WANNA ADD ANOTHER QUESTION.
UM, SO SINCE THIS IS A NEWER AREA WITH, I MEAN FARLEY BEING THERE, BROOKLYN'S BEING NEW, NARROWS STILL BEING BUILT, DOES AMOS FEEL COMFORTABLE WITH THEIR MAPS AND THINGS LIKE THAT? OR DO WE NEED TO DO THOSE, UM, DEEPER? UM, LOOKING AT LINES, I KNOW OLD TOWN, OBVIOUSLY THOSE MAPS ARE EITHER INCOMPLETE BECAUSE THEY'RE SO OLD, UM, LOST MAYBE AT SOME POINT.
BUT DO THEY FEEL COMFORTABLE WITH THIS AREA SINCE IT DOES SEEM TO BE A LITTLE BIT NEWER AND THERE HAS BEEN SO MUCH CONSTRUCTION? DO YOU FEEL LIKE THAT'S NECESSARY? UM, YOU KNOW, THAT THAT'S PART OF THE SCOPE IS TO, TO HAVE THOSE COORDINATION WITH THE UTILITY PROVIDERS AND, AND TO DIG INTO THAT.
UM, WE, WE'VE NOT YET DONE THAT OR THEY'VE NOT YET DONE THAT ANALYSIS AS PART OF THIS PROJECT.
BUT CERTAINLY THOSE ONCO AND OTHER PROVIDERS WILL BE, UM, BE PART OF THAT COORDINATION AND, AND LOCATES.
SO SINCE YOU BROUGHT THAT UP ABOUT THE, THE DRAINAGE STUDY, SO FOR MAKING IMPROVEMENTS ALL THE WAY DOWN, BUT YOU GET TO THE PART OF THE CREEK THAT'S ENDS UP FLOODING THE PARK, I MEAN, WOULD WE NOT WANT TO, I MEAN CUZ IF YOU IMPROVE EVERYTHING UP TO A POINT, THEN AREN'T YOU JUST KIND OF PUSHING THE PROBLEM DOWN TO A POINT? I MEAN, SHOULDN'T WE JUST GO AHEAD IF WE'RE GONNA GET OUT THERE AND LOOK AT EVERYTHING, UM, IN TERMS OF OUR WATER MANAGEMENT? WAIT, ISN'T THAT COUNTY OWNED ONCE YOU GET TO THE BRIDGE? MM-HMM.
BUT UM, WE ARE, UM, OUR, THE APPROACH IS, IS TO HANDLE THE DRAINAGE IN SUCH A WAY THAT WE'RE NOT INCREASING THE FLOW INTO THE CREEK.
AND SO WE'RE NOT, UH, WE'VE NOT INCLUDED OR WHAT'S NOT INCLUDED IN THE SCOPE IS A DETAILED ANALYSIS OF THE, THE, YOU KNOW, THE BRUSHY CREEK UP AND DOWNSTREAM OF THE PROJECT.
UM, OBVIOUSLY THERE'LL BE A COORDINATION WITH THE COUNTY AND, UM, RELATED TO THAT.
BUT AT THIS POINT WE DON'T HAVE THAT KIND OF FULL BLOWN, UH, WE'RE NOT MAKING ANY IMPROVEMENTS TO THE, THE BRIDGE ITSELF.
UH, WE'RE STOPPING SHORT OF THAT VERY ON ON PURPOSE.
[01:15:01]
GONNA BE A PROJECT FOR ANOTHER DAY BECAUSE THAT BRIDGE AT SOME POINT WILL HAVE TO BE ADDRESSED.BUT, UM, THAT IS NOT PART OF THIS PROJECT.
SO, UM, IN TERMS OF ANY KIND OF IMPROVEMENTS TO THAT BRIDGE OR THE, OR THE CREEK? YEAH, NO, I WASN'T THINKING IMPROVEMENTS TO BRIDGER CREEK.
I WAS THINKING NOT IN TERMS OF WE'RE NOT INCREASING THE FLOW TO, MAYBE WE'RE DECREASING THE FLOW TO WHERE THINGS LIKE, UH, FARLEY MIDDLE SCHOOL, FOR EXAMPLE, I, I SWEAR THEIR OUTFLOW ON THEIR DETENTION POND IS LEVEL WITH THE DETENTION POND.
SO, YOU KNOW, I, I LIKE TO, HOPEFULLY PEOPLE ARE SAYING I DON'T LIKE TO SPEND MONEY, SO I DON'T WANNA GO OUT AND DREDGE A CREEK, UH, REBUILD A BRIDGE BECAUSE OF FLOODING.
I LIKE TO STOP AS MUCH WATER GETTING THERE AS POSSIBLE AND START USING FACILITIES MAYBE UP UPSTREAM.
BUT, UM, I JUST WONDER ABOUT THAT.
AND THEN I, I WOULD SAY FOR THE RECORD, WE KNEW A LOT OF THE APARTMENTS WERE COMING THERE CUZ IT'S ZONED THAT WAY.
SO WHEN YOU'RE, WHEN YOU'RE PLANNING AND YOU HAVE ON THE MAPS SOMETHING ZONED AS MULTIFAMILY, I, I WOULD HOPE WE'RE TAKING THAT INTO ACCOUNT THAT WHENEVER WE'RE DOING THINGS, AT LEAST IN THE TIAS, IT SHOULD TAKE ALL THAT STUFF INTO ACCOUNT SO THAT WHEN IMPROVEMENTS ARE BEING DONE, WE CAN ENVISION ONE DAY THAT THERE'S GONNA BE, UM, MULTIFAMILY THERE.
I KNOW OF MAYBE A TWO ACRE TRACT WE REZONE, UM, OVER BY THE FIRE STATION TO MULTIFAMILY.
BUT I THINK THE REST OF THAT, ALL WE'VE DONE IS BRING EJ LAND IN.
UM, BUT IT IS WHAT IT IS TRACTION FOR THIS ITEM.
I MOVE TO ACCEPT EIGHT POINT TWOS PRESENTED SECOND MOTION BY MAYOR PROTO GORDON, SECOND BY COUNCIL MEMBER KINZIE APPROVING EIGHT TWO IS PRESENTED.
ANY DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE.
MAYOR, IF I MAY, CAN I ANSWER YOUR 1295 QUESTION? OH SURE.
IF HE'S, IF HE'S AN EMPLOYEE OF GARVER BUT HE DOESN'T HAVE A CONTROLLING INTEREST, HE DOESN'T HAVE TO BE LISTED ON THE FORM CUZ HE DOESN'T MEET THE DEFINITION OF AN INTERMEDIARY BECAUSE AN INTERMEDIARY CANNOT INCLUDE AN EMPLOYEE OF THE BUSINESS ENTITY.
SO HE IS NOT A PRINCIPAL OR AN INTERMEDIARY.
[8.5. Consideration and possible action on Resolution No. R-2022-065 amending the City of Hutto's Public Improvement District Policy. (Legal, Ashley Bailey)]
BRINGS HIS TO ITEM 85 CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R DASH 2022 DASH 65.AMENDING THE CITY OF HUDA'S PUBLIC IMPROVEMENT DISTRICT POLICY BUILDING.
I WAS WONDERING ON THERE, UM, I DIDN'T SEE ANYTHING IN TERMS OF IT SET IT IN A SUMMARY ABOUT WE WERE ADJUSTING THE FONT SIZE ON THE DISCLAIMER AND I WAS HOPING TO GET SOME SORT OF SIGNAGE, UH, REGULATIONS OUTSIDE OF A NEIGHBORHOOD, BUT I DIDN'T, I DIDN'T SEE THOSE.
YEAH, I HAD THE SAME QUESTION WAS DOES IT NEED TO BE IN THIS PIT POLICY OR DOES IT NEED TO BE IN, IT'S MAYBE UNDER THE, A DIFFERENT LOCATION.
CAUSE WE TALKED ABOUT AND MADE THE JOKE ABOUT MAKING IT LIKE A FOUR FOOT FOUR BY FOUR SIGN.
MM-HMM
IF WE SAY WE WANNA WAIT TILL A DEVELOPMENT AGREEMENT AND IT GETS MISSED, THEN THAT NEIGHBORHOOD CAN FOREVER NOT HAVE TO DO IT.
WHEREAS IN THE PIT POLICY, WE COULD COME BACK AND SAY, I DON'T KNOW IF THIS IS A QUESTION FOR CHRISTIAN, BUT TO KIND OF GO OFF OF THAT, I THINK THEY'RE IN THE PI LIKE IN THE STATE STATUTE FOR PIS, THAT THERE IS A SIGNAGE.
I MEAN IT'S NOT SPECIFIC AS TO LIKE WHAT HUDA WANTS TO DO, LIKE A FOUR BY EIGHT, BUT THERE IS SOME KIND OF SIGNAGE THAT HAS TO BE DONE.
SO I THINK WE'RE WE'RE CLEAR ON THAT.
I DON'T KNOW IF CHRISTIAN CAN LOOK INTO THAT.
THERE IS FURTHER BUT AT LEAST WE'RE COVERED ON THAT, THAT PART.
UM, I GUESS WE CAN MAYBE GO BACK AND AND CHANGE IT TO MORE SPECIFIC.
THERE, THERE IS A SIGN REQUIREMENT.
IT JUST DOESN'T SAY IS, IS IT NEED TO BE LIKE A, A CAMPAIGN SIGN THAT'S WHATEVER, THREE BY THREE OR DOES IT NEED TO BE SOMETHING THAT'S NOTICEABLE? I THINK THAT'S JUST A DECISION FOR THE COUNCIL, RIGHT? YEAH, I THINK THAT'S A COUNCIL DECISION AND I DON'T KNOW THAT THERE'S ANY PARTICULAR LIMITS ON THE SIGNAGE.
I IT, I THINK THE PIT POLICY, AND ASHLEY CORRECT ME IF I'M WRONG, ALREADY ADDRESSES THAT SIGNAGE IS REQUIRED.
AND SO I THINK IT MIGHT ALSO BE MAKE SENSE TO LEAVE IT FOR THE DEVELOPMENT AGREEMENT STAGE BECAUSE THAT'S A REQUIREMENT, UH, OF THE PROCESS.
AND IT'S ALSO, YOU KNOW, WHEN YOU'RE CLEARING YOUR DA VERSUS YOUR PIT POLICY THAT NEEDS TO BE CHECKED OFF.
BUT IF Y'ALL HAVE STANDARDS READY TO GO, UH, THAT YOU WOULD LIKE TO RECOMMEND FOR THE PIT POLICY, WHICH WE CAN INCLUDE THOSE AS WELL, MAYOR, UH, CERTAINLY.
UM, YEAH, ASHLEY'S LOOKING TO SPEAK SO THEY AND COUNSEL FOR THE RECORD.
ASHLEY BAILEY DEVELOPMENT SERVICES DIRECTOR.
UH, THE SIGNAGE PORTION IS NUMBER 24 ON PAGE EIGHT OF THE RED LINE.
IF YOU'D LIKE WE CAN ADD THAT.
[01:20:01]
BUT SIMILAR TO WHAT CHRISTIAN WAS SAYING, WE WERE THINKING OF JUST KEEPING IT IN THE DEVELOPMENT AGREEMENT SO WE CAN PLACE WHEN WE SEE WHICH TRACKS SIMILAR TO HOW WE DO OUR ZONING NOTIFICATION SIGNS SO THAT WE CAN TAILOR THOSE ZONING OR THE PIT AREA IDENTIFYING SIGNS TO AN INDIVIDUAL TRACK SO WE KNOW WHERE THEY'RE GONNA GET THE MOST VIEWS.YEAH, I WOULD WANT IT TO BE AT THE ENTRANCE OF THE, YEAH, I THINK IT'S BETTER PER SE TO SAY WHATEVER THE SIZE.
I SAID FOUR BY FOUR IS, I THINK THAT'S CLOSE TO MUD SIGNS, BUT IF IT WAS FOUR BY FOUR AT THE ENTRANCE TO A NEIGHBORHOOD, THEN I WOULD THINK YOU COULD ARGUABLY TELL EVERYBODY WE'VE DONE EVERYTHING WE CAN TO NOTIFY PEOPLE.
UM, BUT THAT'S JUST MY TYPE BELIEVE OR NOT.
THAT'S THE ONLY THING I HAD ON THE WHOLE, ON THE WHOLE DOCUMENT LOOKED REALLY GOOD.
MOTION TO APPROVE 8.5 WITH MAYOR'S SUGGESTION OF ADDING A ADDING VERBIAGE TO A FOUR BY FOUR SIGN AT THE FRONT OF THE NEIGHBORHOOD.
MOTION BY ACCOUNTS MEMBER KINZIE APPROVE EIGHT FIVE AS PRESENTED WITH THE ADDITION OF THE FOUR BY FOUR LANGUAGE AT THEIR FRONT ENTRANCE IN ITEM 24.
I'LL SECOND WITH THE CLARIFICATION QUESTION.
WHAT IF THERE'S MULTIPLE ENTRANCES? DO YOU WANT MAIN ENTRANCE OR ALL ENTRANCES? I WOULD SAY I GUESS MAIN ENTRANCE FOR THE ONE KIND OF BY THE, WHAT DO THEY CALL THAT? THE HOME, THE MODEL HOME.
BUT THE PROBLEM WOULD BE WHEN YOU HAVE A DEVELOPMENT AGREEMENT THAT GOES INTO MULTI-PHASE BUILDING AND IT'S A FIVE PHASE, THE NEW HOMES ARE GONNA BE AT THE OPPOSITE END AND THEY'RE PROBABLY NOT GONNA BE TURNING IN IN AN ESTABLISHED NEIGHBORHOOD.
SO I THINK IT SHOULD BE ALL ALL ENTRANCES.
THAT'S WHAT I WAS KIND OF WONDERING CUZ YEAH, LIKE YOU SAID, WHEN YOU GET TO THE LAST PHASE, THEY'RE NOT GONNA BE DRIVING THROUGH THE ORIGINAL MAIN PHASE.
ARE YOU OKAY WITH THAT SAYING THAT'S A FRIENDLY AMENDMENT? THAT'S FINE.
ANY OTHER DISCUSSION ON THE MOTION? DO WE NEED TO CLARIFY TO MAKE SURE THE SIGN IS AT THE SALES OFFICE? BECAUSE THE ENTRANCE, THE SALES OFFICE MAY NOT BE AT THE ENTRANCE I DON'T THINK.
IS THE ENTRANCES ARE FINE WITH ME? YEAH.
I MEAN THEY'RE ALREADY REQUIRED TO PUT IT IN THE CONTRACT AND YEAH.
I COUNCIL MEMBER KOLAR, I MAY I PRETEND THORNTON? AYE.
MAY I PRETEND GORDON? OH I THOUGHT YOU SAID ME FIRST.
WHO DID YOU SAY FIRST? YOU SAID MAYOR PRO TIM TWICE.
[8.6. Consideration and possible action to execute an Individual Project Order (IPO) for professional engineering services with K Friese and Associates to design the Megasite East-West Spine Road in the amount of $750,103.99. (Wade Benton)]
WE HAVE ITEM EIGHT SIX CONSIDERATION POSSIBLE ACTION TO EXECUTE AN INDIVIDUAL PROJECT ORDER IPO FOR PROFESSIONAL ENGINEERING SERVICES WITH KRE AND ASSOCIATES TO DESIGN THE MEGA SITE EAST WEST SPINE ROADING AMOUNT OF $750,103 AND 99 CENTS.I HAVE NO DOUBT, THERE'S JUST A COUPLE THINGS I HAD QUESTIONS ON.
IT SOUNDED LIKE THEY WERE ANTICIPATING SOME SORT OF RIGHT AWAY COST POTENTIALLY THAT SAYS IT'S GOING THROUGH BASICALLY CITY OR EDC LAND.
I WAS HOPING THERE WOULDN'T BE ANY NEED FOR RIGHT AWAY.
SO, AND THIS IS AN EDUCATION IF THE TOTAL 750,000 MY UNTRUSTING SELF MEANS THAT IF THEY FIND THEMSELVES NOT NEEDING RIGHT AWAY SERVICES, WE'LL STILL PROBABLY SPEND $750,000.
SO I DON'T KNOW IF, IF WE DECIDE LIKE TONIGHT WE OWN ALL THE LAND WE DON'T NEED RIGHT OF AWAY FROM OURSELVES, CAN WE JUST SAVE $50,000 AND SAY WE DON'T NEED RIGHT.
OF AWAY SERVICES OR HOW DOES THAT WORK? WELL, THE RIGHT NOW THERE'S UM, THERE'S NO RIGHT OF WAY FOR THE ROAD.
AND SO THERE WOULD BE RIGHT OF AWAY DEDICATION NEEDED FOR THE ROAD.
SO EVEN THOUGH THE EDC OWNS THE PROPERTY, THERE WOULD NEED TO BE WHAT'S INCLUDED IN HERE IS SURVEY DOCUMENTS TO DEFINE THAT RIGHT AWAY, UM, THOSE PARCELS, WHETHER IT BE THROUGH EDC OR THE TITAN TRACK OR, OR OR THE AREA TO THE WEST.
SO, UM, THE FULL EXTENT OF THE ROAD, UM, WILL ULTIMATELY, UH, REQUIRE RIGHT AWAY, UM, DEPENDING ON THE, THE FINAL ALIGNMENT IT COULD POTENTIALLY, UH, ACQUIRE REQUIRE RIGHT AWAY OUTSIDE OF, UM,
[01:25:01]
THE EDC CONTROL PROPERTY, WHICH WOULD ME IN THE TITAN DEVELOPMENT AND THE DEVELOPMENT ADJACENT TO IT.BUT, UM, WHAT'S IN THE SCOPE RIGHT NOW IS FOR THOSE RIGHT OF WAY DOCUMENTS TO DEFINE THE RIGHT OF WAY BECAUSE IT'S NOT PLATTED RIGHT NOW, UM, FOR THAT ROADWAY FROM 33 49 ALL THE WAY TO THE WESTERN END.
OKAY, SO WE MAY NOT NEED NINE, $950,000 CUZ I THINK THE EDC LAND, CORRECT ME IF I'M WRONG, I THINK THOSE AGREEMENTS HAVE IN THERE TO WHERE WE'RE NOT BECOMES TRUE RIGHT AWAY FOR ROADS, WATER DRAINAGE.
THAT'S WHAT WE PUT IN THERE, RIGHT? THEY HAVE TO, THEY BASICALLY HAVE TO GIVE IT TO US FOR FREE.
I I'M SORRY, I I I DIDN'T I REALIZE YOU WERE THINK YOUR QUESTION WAS REALLY TO WHAT WAS IN THE BUDGET, RIGHT? FOR WHAT WAS PROVED FOR THE C I P BUDGET.
I ALWAYS FIGURE PEOPLE SPEND WAS BUDGETED TYPICALLY SO THAT THAT BUDGET WAS DEVELOPED WHEN WE WERE DEVELOPING THE ROADWAY, NOT KNOWING HOW THE, ALL THE RIGHT OF WAY WAS GONNA BE ACQUIRED IF SOME OF IT MIGHT NE NEED TO BE PURCHASED BY THE CITY.
BUT OBVIOUSLY IF THOSE ENTITIES DONATE THE RIGHT OF WAY, THAT NUMBER COMES DOWN.
THERE WAS MENTION THERE ABOUT AN ARCU, A CULTURAL AND ARCHEOLOGICAL SERVICES.
WHAT IS THAT? WE, WE ALREADY DID THAT, THAT'S ALL I WANTED TO VERIFY.
WELL, WHAT WHAT HAS BEEN DONE IS KIND OF A, A, UM, AN OVERALL EVALUATION OF THE PROPERTY.
THIS IS, UM, AND IT'S BEEN, IT'S BEEN A, A FEW YEARS.
SO THIS IS A DESKTOP IF YOU WILL, ANALYSIS OF THAT.
AND THEN IT'S COORDINATION WITH THE APPROPRIATE AGENCIES FOR, UM, FOR HISTORICAL RESOURCES AND SO FORTH.
SO THERE ARE SOME, EVEN THOUGH A STUDY HAS BEEN, UM, PERFORMED, THERE ARE SOME COORDINATION EFFORTS WITH THE DIFFERENT AGENCIES.
THAT MUST BE, WE DID A YEAR AGO COMPONENT, I'M SORRY, ONE YEAR AGO IS WHAT WE DID.
AND WE PAID FOR THE FULL THING TO DO WHERE THEY WENT OUT AND EVEN DUG EVERY ACRE.
RIGHT? AND WHAT I'M SAYING IS THAT WORK HAS BEEN COMPLETED AND THAT'S GREAT AND THAT'S ACCOUNTED FOR IN THIS SCOPE.
WHAT THIS INCLUDES IS COORDINATING WITH THOSE AGENCIES, NOTIFYING THEM OF, OF THE PROJECTS SO THAT IF THERE ARE ANY, UM, ELEMENTS OUT THERE PARTI, PARTICULARLY ON THIS ONE, THERE MIGHT, THERE MAY BE SOME WATERS OF THE US BUT MOST LIKELY NOT, UM, OR HAS SOME HISTORICAL RESOURCES, BUT THOSE HAVE BEEN IDENTIFIED ON THE STUDY.
SO THIS IS COORDINATION WITH THOSE AGENCIES TO DO FINAL CLEARANCE.
I THINK WE EVEN DID THE WATERS OF THE USA.
I JUST WANNA MAKE SURE WE'RE NOT GOING THROUGH AND NOW THE CITY'S DOING IT.
WE JUST DON'T GO OUT AND SPEND $200,000 DOING WHAT EDC JUST, AND WE'RE NOT.
AND THAT INFORMATION BEEN PROVIDED TO THE CONSULTANT.
THEY'RE VERY AWARE OF THAT INFORMATION.
BEHIND ME SPEAKER HERE, RIGHT? THAT WAS MY ONLY QUESTIONS.
I, AND I GUESS IS THE ULTIMATE PLAN TO COME BACK AND ASK THE EDC TO REIMBURSE THE CITY FOR THE DESIGN WORK OR WHAT'S THE MAYOR, MAYOR COUNSEL FOR THE RECORD? JAMES IRP, CITY MANAGER.
UM, I BELIEVE THE COMMITMENT THE EDC HAS BEEN WHENEVER WE WERE NEGOTIATING, UM, WHETHER OR NOT THE CITY WOULD BE ABLE TO, TO BRING THIS ITEM FORWARD OR THE EDC WOULD BRING THE ITEM FORWARD FOR THE ENGINEERING, THAT IF THE CITY DID IT ON BEHALF OF THE EDC, THAT THE EDC WOULD THEN IN GOOD FAITH, UM, DO THE, UH, PAPERWORK THAT WOULD REIMBURSE THE CITY FOR THE EXPENDITURE.
AND THEN OF COURSE, TONIGHT YOU LEARNED ABOUT, UH, TAX INCREMENT FINANCING AND THE TYPES OF THINGS THAT IT CAN PAY FOR TOO.
SO, YOU KNOW, YOU MIGHT HAVE MULTIPLE OPTIONS OF BEING ABLE TO REIMBURSE THE GENERAL FUND, UH, FOR THIS, FOR THESE DOLLARS, BUT THAT IS CERTAINLY, UM, THAT IS CERTAINLY IN THE, IN THE SCOPE OR IN THE PLAN.
SO WHEN WE GET INTO THE PROJECT SCOPE, I'D LIKE IT TO BE, IF IT'S, IT SOUNDS LIKE THIS IS A BOILER POLITE TYPE LANGUAGE, I'D LIKE IT TO BE MORE.
IF WE'RE GONNA PAY OUT THREE QUARTERS OF A MILLION DOLLARS TO SOMEBODY, I'D LIKE IT TO BE GEARED TOWARDS THE ACTUAL PROJECT BECAUSE LIKE SO WADE SAYS ABOUT RIGHT OF AWAY, YOU KNOW, WE'VE GOTTA WORK THROUGH SOME THINGS.
WELL THEY'VE GOT IN HERE RIGHT OF AWAY PROJECT MANAGEMENT, UM, RIGHT OF WAY ENTRIES, SEND LETTERS OR PROPERTY OWNERS RE CUSSING RIGHT OF AWAY ONLY TO PROPERTIES FOR ON THE GROUND SURVEY, REAL ESTATE APPRAISAL SERVICES.
I MEAN, THERE'S A LOT OF STUFF THAT WE'RE JUST NOT GONNA NEED.
AND SO WHEN I, THIS IS JUST MY NITPICK ITSELF, I GUESS WHEN I SEE A, A DOCUMENT THAT'S LIKE THIS AND IT'S 10 PAGES AND IT'S FILLED WITH STUFF, WE DON'T NEED THAT JUST ON RIGHT AWAY.
WHAT ELSE DO WE NOT NEED THAT'S IN THAT AGREEMENT? AND THEN IT'S JUST REALLY, IF WE'RE TRULY NEGOTIATING AND TRYING TO GET THE BEST PRICE FOR THE TAXPAYER, MAYBE THIS IS A $600,000 JOB BECAUSE THERE'S 150,000 IN ITEMS WE DON'T NEED.
LIKE WE DON'T NEED NEGOTIATION SERVICES FOR RIGHT AWAY.
I DON'T KNOW WHAT WE'RE PAYING FOR THAT, BUT GO TO EDC, MAKE AN ASK IF THEY SAY NO AND POUND SAND THAN THE CITY COUNCIL CAN JUST REMOVE EVERYBODY.
AND THAT'S PROBABLY CHEAPER THAN PAYING
[01:30:01]
SOMEONE TO GO TO THE EDC.BUT I DON'T KNOW IF WE'RE USING THAT.
I DON'T KNOW IF WE'RE PAYING FOR THAT.
SO IF I CAN MAYOR, SO THE WAY THE, THE WAY THE FEE STRUCTURES SET UP AND REALLY ALL, EVERY PROJECT THAT WE'VE BROUGHT TO YOU SO FAR HAS BEEN SET UP THIS WAY, WHICH IS THE, WHAT WE'RE CALLING THE BASIC DESIGN SERVICES, WHAT YOU JUST TALKED ABOUT YEAH.
ARE, UM, ARE SET UP IS A, IS A LUMP SUM, UM, FEE.
WE'VE, WE'VE LOOKED THROUGH THE HOURS, UM, THE EFFORT INVOLVED.
THERE ARE ITEMS SUCH AS RIGHT AWAY ACQUISITIONS, UM, UH, SUE WORK, SOME ADDITIONAL LOCATES, UTILITY LOCATES, THINGS LIKE THAT THAT WE, THAT WE ARE ANTICIPATING NEEDING.
BUT WE'RE, UM, AND, AND WE'RE TAKING OUR, OUR, UM, BEST, UM, ESTIMATE OF WHAT THAT NEEDS TO BE AND QUANTIFYING THOSE AND SAYING THOSE ARE GONNA BE ON AN HOURLY BASIS AS NEEDED.
IN OTHER WORDS, IF WE, IF WE NEED IT, WE'VE GOT A BUDGET THERE TO UTILIZE IT.
IF WE DON'T OR IF, IF IT'S LESS THAN WHAT WE'D ASSUMED, UM, U UTILITY LOCATES FOR EXAMPLE, CERTAIN NUMBER HAVE BEEN ASSUMED HERE.
IF WE, IF WE U USE THAT NUMBER, GREAT.
IF IT'S LESS, OKAY, THE FEE'S GONNA BE LESS.
IF IT'S MORE, WE HAVE A, WE HAVE SOME, SOME HOURLY, UH, A BUDGET TO WORK FROM.
AND IT'S BECAUSE THOSE ARE THINGS THAT WE'VE DONE OUR BEST ESTIMATE ON ANTICIPATING.
AND RATHER THAN SAYING, YEAH, THAT'S ALL UNDER A LUMP SUM AMOUNT, WE'RE TRYING TO BE OPTIMIZE THE FEE.
IN OTHER WORDS, HAVE SOME OF THOSE THINGS THAT MAY STILL HAVE A LITTLE UNCERTAINTY AND TRY TO USE THOSE ON AN HOURLY BASIS OR COST PLUS BASIS TO WHERE WE HAVE A LITTLE MORE CONTROL OVER HOW THOSE MONIES ARE SPENT AND, AND GET A BETTER VALUE FOR THE, FOR THE CITY.
SO HOW DO WE STOP SOMEONE FROM GOING OUT AND RESEARCHING RIGHT AWAY ISSUES ON THIS ROAD BEFORE WE STOP AND SAY, HEY, TIME OUT GUYS, WE, WE OWN KNOW THE LANGUAGE WELL BECAUSE, BECAUSE LIKE WHEN I EMAIL AN ATTORNEY DURING THE DAY JUST EMAILING, HEY, DID YOU WATCH THE GAME THAT COST ME $250? WELL THE WAY THE, THE WAY THE LANGUAGE IS SET UP IS THOSE ITEMS, YOU KNOW, THEY NEED A NOTICE TO PROCEED FROM THE CITY TO, TO PERFORM ANY OF THOSE SERVICES.
AND SO THEY WILL BE, THEY'RE NOT JUST GONNA BE ABLE TO GO OUT WHENEVER THEY WANT TO AND, AND DO THOSE WORK AND THEN COME BACK AND SAY, OH, WE SPENT THIS TIME, WE'RE DOING THAT TONIGHT THOUGH.
NO, WELL YOU ARE FOR THE OVERALL CONTRACT, BUT THOSE LINE ITEMS RIGHT AWAY, ACQUISITION FOR EXAMPLE, IF ALL WE NEED FOR THEM TO DO IS TO, TO DRAW UP THE FIELD NOTES, WELL THEY'VE GOT DOLLARS TO DO THAT.
THEY ALSO HAVE SOME DOLLARS IN THERE TO, TO COORDINATE WITH THE PROPERTY OWNER IF NEEDED AND SOME OTHER ADDITIONAL WORK APPRAISALS AND SO FORTH.
YOU KNOW, THEN, THEN OBVIOUSLY THAT EVER'S GONNA BE DIFFERENT.
BUT WHAT WE'RE TRYING TO DO IS, IS AGAIN, TRY TO PROVIDE THE BEST VALUE TO THE CITY AND FLEXIBILITY IN TERMS OF STAYING WITHIN THE, THE OVERALL BUDGET ON THE PROJECT.
SO FOR THE RECORD, JAMES, OUR CITY MANAGER, SO BASICALLY WHAT THE QUESTIONS THAT YOU'RE ASKING ARE SOMETIMES WHENEVER YOU DO THESE CONTRACTS, THEY'RE, THEY ARE A LUMP SUM CONTRACT, MEANING YOU'RE JUST GONNA GIVE THEM, IF THIS WERE A LUMP SUM PROJECT, UH, YOU KNOW, A CONTRACT ALL THE WAY, YOU WOULD JUST GIVE THEM $750,000 AND YOU WOULD GET THE PRODUCT HOWEVER THEY SPEND THAT MONEY IS UP TO THEM, RIGHT? AS LONG AS THEY DELIVER THE PRODUCT PROJECT OR THE PRODUCT.
THEN THERE ARE OPTIONS OR OTHER DUTIES AS ASSIGNED, IF YOU WILL, WHERE THIS NUMBER, IF IT'S NOT PURELY LUMP SUM, IF IT'S PARTIAL LUMP SUM FOR THIS PARTICULAR PIECE THAT YOU JUST HAVE A DELIVERABLE FOR, AND THEN THE REST OF IT IS BASICALLY A BUDGET AND THEN TO EXPEND THE BUDGET, THEY HAVE FIT, THEY EFFECTIVELY HAVE TO SEND, I'M NOT GONNA USE THE NOTICE TO PROCEED.
I'M GONNA SAY THEY HAVE TO SEND LIKE A, A, A PO A PURCHASE ORDER, RIGHT? TO SAY I WANNA BUY THIS THING OR I WANNA SPEND RESOURCES TO DO THIS THING.
AND THEN THE PROJECT MANAGEMENT TEAM THAT'S REPRESENTING THE CITY SAYS, YES, WE NEED THAT.
YES, YOU CAN GO DO, AND THEN THEY GO AND DELIVER AND THEN THEY CHARGE BACK AGAINST THAT LINE ITEM.
SO IN THIS PARTICULAR CASE IT'S, IT'S, IT'S PIECES OF BOTH, THERE'S A LUMP SUM PORTION OF THAT SEVEN 50 AND THEN THERE IS A LINE ITEM PORTION OF THE SEVEN 50 THAT'S DONE HOURLY AS NEEDED.
AND THO TO, TO ACCESS THESE DOLLARS, THEY HAVE TO GET PERMISSION TO EXPEND THOSE DOLLARS IN ORDER TO GO OUT AND DO THAT PARTICULAR WORK.
SO THEY DON'T HAVE CARTE BLANC JUST TO GO, YOU KNOW, DO ALL THE WAY UP TO THE 750 WITHOUT ANYBODY OVER OVERSEEING THEIR EXPENDITURES.
I, I GUESS IT SOUNDS, SOUNDS LIKE WE'RE WORKING TO UNDER PROMISE, OVER DELIVER.
LIKE THE GOAL IS IT COULD COME IN CHEAPER THAN SEVEN 50, RIGHT? WELL, I, I, I MEAN THAT'S OBVIOUSLY WE WANT TO COME IN WITHIN THE BUDGET.
WHAT WE'RE TRYING TO DO IS ON THOSE, ON THOSE ITEMS OF WORK THAT MAY HAVE SOME VARIABILITY IN THEM OR LEVEL OF UNCERTAINTY, WE'RE TRYING TO ANTICIPATE
[01:35:01]
THAT AND DEVELOP A BUDGET TO WHERE, UM, WE CAN MANAGE THAT BUDGET, THAT EFFORT TO STAY WITHIN THE PROJECT LIMITS.NOW IT IT, THERE MAY BE AN ITEM THAT FOR WHATEVER REASON, LET'S SAY UTILITY LOCATES LET'S, YOU KNOW, THEY GET OUT THERE, THEY DO SOME BLOW GATES AND CONFLICTS AND REALIZE, HEY, WE'D BUDGET, I'M JUST MAKING UP A NUMBER BUDGET A 10 AND WE NEED 15.
WELL, IF IT WAS A LUMP SUM CONTRACT, I'D BE COMING BACK TO YOU FOR, YOU KNOW, A THOUSAND DOLLARS PER LOCATE EVERY SINGLE TIME.
AND, AND IT'S STILL THINGS THAT NEED TO BE DONE, BUT IT'S, WE'RE TRYING TO GIVE A BUDGET TO WHERE YOU GUYS KNOW WHAT WE'RE DEALING WITH.
WE'RE WORKING TO, TO STAY WITHIN THAT AREA WITHIN THE SCOPE AND TO TRY TO, TO UM, YOU KNOW, BE EFFICIENT IN WHAT WE'RE DOING.
YEAH, I GUESS I JUST HAVE TO UNDERSTAND THAT EVERYBODY'S DOING THAT AND IT ACTUALLY, WE'RE ALL WORKING TOWARDS THE BEST PRODUCT, THE FASTEST TIME AT THE CHEAPEST WAY.
NOT THAT WE'RE, WELL IT MIGHT BE 50,000.
AND THEN LOOK, IF I ASK FOR SEVEN 50 AND I COME BACK AND THE WHOLE PROJECT GETS DONE AT SEVEN 40, NO ONE'S UPSET KNOWING THAT IN THE MIDDLE OF IT ALL, IT MAY HAVE BEEN A MESS AND MONEY GOT MOVED ALL OVER THE PLACE.
AND SO WE CAME IN UNDER BUDGET AND THAT'S GREAT.
IT'S JUST, I GUESS I'M ALWAYS WORRIED IS IT WAS A BUDGET SEVEN 50, WAS IT REALLY 600? WHAT SHOULD IT HAVE BEEN? IF IT'S FILLED WITH A WHOLE BUNCH OF THINGS LIKE UTILITY CONNECTS, WE DON'T HAVE, THERE ARE NO UTILITIES OUT THERE.
I MEAN WE, WE KNOW THERE'S NO POWER.
WE KNOW THERE'S NO WATER, THERE'S NO ELECTRIC, I DON'T, OR UH, SEWER, I DON'T THINK THERE'S FIBER RUNNING THROUGH THE MIDDLE OF THE SITE.
SO SOME OF THIS STUFF, I JUST LOOK AT IT AND I JUST, I GUESS IT'S JUST THE WAY IT IS IN GOVERNMENT, BUT UM, I JUST LOOK AT AND I GO IF THERE'S THINGS WE KNOW, ESPECIALLY WITH OUR OWN LAND, WE SHOULDN'T HAVE TO EVEN THINK ABOUT BUDGETING MONEY AND IT'S JUST SOMETHING PROBABLY FOR LONGER TERM AS WE GET INTO SOME REALLY EXPENSIVE PROJECTS.
UM, AND WE'RE JUST DOING CHEAP STUFF NOW.
WE GOT MILLION DOLLAR ONES COMING UP.
BUT ANYWAY, THAT'S JUST ALL I HAD ON THAT WAS, IT JUST SEEMED LIKE A LOT OF STUFF THAT MAYBE DOESN'T PERTAIN TO THIS PROJECT THAT'S JUST IN THERE AS A LIKE, AS A A, UH, I DON'T KNOW WHAT YOU CALL IT, LIKE A, A FORM DOCUMENT FOR LACK OF A BETTER TERM.
BUT ANYWAY, AND I HAVE SOMETHING TO ADD AS WELL.
WHENEVER WE BEGAN DISCUSSION, LIKE THE PRE-BUDGET, UH, TALKS, UM, WE WERE GIVEN SOME INFORMATION ABOUT OBVIOUSLY THE C I P PROJECTS, ALL THE ROADS THAT WERE, YOU KNOW, NEEDING ATTENTION.
OF COURSE THIS ONE WAS ON THE LIST.
UM, AND ON THE PAPER THAT I HAVE HERE, UM, DESIGN, IT WAS EST OF COURSE THESE WERE ESTIMATES KIND OF LIKE GOING INTO THE BUDGET SEASON DESIGN HERE, THEY WERE ESTIMATING AS 1.4 MILLION.
UH, AND RIGHT AWAY EASEMENT LAND IS 950,000.
SO, UM, OBVIOUSLY THAT WAS NOTHING LIKE SET IN STONE, THEY WERE JUST KIND OF, YOU KNOW, ESTIMATING IT.
BUT THIS IS UH, K FREE SAYS THE SEVEN 50 K.
SO I FEEL LIKE, YOU KNOW, WE WERE EXPECTING TO PAY A LOT MORE BUT K FREEZE IS COMING IN AT HALF OF WHAT WE WERE EXPECTING GOING INTO THE BUDGET PROCESS.
SO YEAH, ISN'T THAT'S A SECRET THOUGH.
YOU CAN ALWAYS JUST PUT 2 MILLION AND THEN COME BACK AT 800 AND WE DID GOOD.
I MEAN, WELL I MEAN WE SHOULD KNOW THIS ROAD IS IN THE MIDDLE OF NOWHERE.
IT'S GONNA TAKE A LOT OF WORK.
IT DOESN'T ACTUALLY TAKE THAT MUCH.
WE SHOULD KNOW INFRASTRUCTURE, YOU KNOW.
WELL, I MEAN WE SHOULD KNOW FAIRLY TALK TO, I TALKED TO THE STATE MANAGER ABOUT THIS BECAUSE ORIGINALLY THE ROAD WAS GONNA BE 20 MILLION AND THEN WE'RE SITTING IN AN EDC MEETING AND WE DETERMINED THAT WELL WE ACTUALLY DON'T HAVE TO BILL AS MUCH ROAD AS WE THOUGHT WE DID.
AND NOW IT'S DOWN TO, I THINK IT'S DOWN TO 14 MILLION.
AND I'M JUST ARGUING THAT WHEN THINGS ARE BROUGHT TO US AS A CITY COUNCIL, THEY NEED TO BE AS BUTTONED UP AS POSSIBLE.
CUZ IF WE'RE JUST GONNA WAG NUMBERS, THEN WE MAY GO OUT ONE DAY AND YOU KNOW, WE SAY IT'S 20 MINUTES COMES IN 14, EVERYBODY GETS HAPPY, BUT WE'RE BORROWING MONEY AND WE'RE ACTUALLY TAXING PEOPLE BASED ON WAGS.
AND SO WE OUGHT TO KNOW THAT, YOU KNOW, SIDEWALKS COST SIX BUCKS A SQUARE FOOT TO PUT IN, THAT'S GRADING, THAT'S EVERYTHING.
AND SO ANYTIME I HEAR A NUMBER ABOVE SIX, I START ASKING, WHY IS THE CITY PAYING MORE THAN SIX BUCKS A FOOT? THAT'S A, THAT'S THE NUMBER OUT THERE.
AND SO AS ALL THESE THINGS COME IN, WHEN WE'RE IN ED EDC MEETING, I BROUGHT UP THIS $20 MILLION THAT IT OUGHT TO BE COSTING, I THINK I SAID LIKE 12 MILLION OR SOMETHING BASED ON A VERY SIMILAR PROJECT THAT I HAVE INVOLVEMENT IN.
AND SO I'M WONDERING HOW DID WE SPEND 20 MILLION? AND I THINK WHAT IT IS IS IT'S A WA WE GET UP HERE, THEN WE ALL OF A SUDDEN WE NEED TO BORROW $45 MILLION, GO OUT AND SELL THE BONDS.
EVERYBODY COMES IN UNDER, THE PROBLEM IS IS YOU KNOW, THE TAXPAYERS HAVE TO PAY FOR THIS.
AND SO I'M JUST ASKING FOR A LITTLE BIT MORE DETAIL, A LITTLE BIT MORE COLOR ON THE THINGS SO THAT THEN WHEN WE PUBLISH THIS TO THE PUBLIC, IF THERE'S A CONSTRUCTION PERSON OUT THERE, THEY DON'T LOOK AT IT AND GO, YOU GUYS ARE BEING SNOWED.
CUZ I GET CALLS FROM PEOPLE THAT READ STUFF AND GO, THAT'S TOO HIGH.
THAT COULD BE A LOT DONE, THAT COULD BE BUTTONED UP SOME.
AND SO I LEARN BASED ON OTHER PEOPLE IN THE FIELD.
CUZ ONE OF THE GREAT THINGS ABOUT PUBLISHING THIS STUFF IS THERE ARE PEOPLE WHO READ THIS OTHER
[01:40:01]
ENGINEERS AND THINGS AND THAT'S ALL I'M ASKING FOR.I DON'T THINK ANYBODY'S DOING US WRONG.
I JUST THINK IT'S A WAY TO ALWAYS DO A GOOD JOB.
I DON'T MIND A CHANGE ORDER WHERE WE'RE 300,000 OVER BUDGET BECAUSE THAT HAPPENS ON THE FLIP SIDE IF YOU'RE ALWAYS UNDER BUDGET, THAT MAKES ME FEEL LIKE WE'RE OVERESTIMATING AND OVERESTIMATES USUALLY SPEND MORE MONEY TYPICALLY.
I MEAN IT'S NOT A, IT'S NOT A CRI CRITIQUE OF YOU NECESSARILY.
THERE ARE SOME UNKNOWNS IN THIS PROJECT IS AN EDC ONE THAT'S BLOOD OVER INTO THE CITY SOMEWHAT.
BUT SO, SO THE ONLY QUESTION THAT I HAVE, AND I DON'T KNOW IF IS THE TIMELINE Y'ALL SHOWING THAT WE'RE GONNA GO OUT FOR CONTRACT FOR THIS IN OCTOBER OF 23 AND I THOUGHT, YOU KNOW, DRAWING A STRAIGHT ROAD FROM THE EDGE TO, YOU KNOW, DOES THAT EVEN MEET IN THE TIMELINE CAPABILITY OF WHAT WE NEED? AND I SEE BOB SHAKING HIS HEAD YES, WELL YOU CAN DESIGN THE ROAD AT 1 37 IN SIX MONTHS PLUS SOME WORK WITH TECH STOP.
WE ONLY GOT THE COUNTY AND THEY ALREADY HAVE THE CURB CUT.
SO THIS IS ALL DESIGNING WITHIN US.
I MEAN IT'S, SO I'M JUST WONDERING WHY IS IT A YEAR AND 124 DAYS FOR UTILITY COORDINATION? THERE'S NO UTILITIES THERE.
I MEAN IF WE LEAVE A RIGHT OF WAY FOR WHERE UTILITIES ARE GONNA GO IN THE WATER, WHICH IS ALSO BEING DESIGNED IN HOUSE, IT SEEMS LIKE WE WOULD KNOW THE RIGHT OF WAY FOR THE, THE WATER PIPE AND THE UTILITIES COMING.
SO I'M JUST, YOU KNOW, THAT'S THE ONLY KIND OF THINGS I WAS CONCERNED ABOUT ON THE TIMEFRAME.
UM, WE, WE'VE ALREADY HAD SOME DISCUSSIONS WITH THE, THE DESIGN FIRM ABOUT EXPEDITING THE SCHEDULE.
UM, AND SO WE'RE LOOKING AT WAYS TO, TO SPEED THAT SCHEDULE UP.
BUT, UM, TERMS OF TIMING, WELL TECHNICALLY WITH THE TITAN CONTRACT AS IT WAS ORIGINALLY STRUCTURED, UM, I THINK WE HAD TO HAVE SERVICE OUT THERE WITHIN SIX TO, UH, NINE MONTHS.
AND SO WE'RE PUSHING UP AGAINST OBVIOUSLY THAT DEADLINE.
UM, THERE'S SOME FLEXIBILITY AND WE PROBABLY HAVE TO MODIFY THE CONTRACT AT SOME POINT, BUT THERE IS SOME FLEXIBILITY TO WORK WITH THAT AND IT'S ALL DEPENDENT ULTIMATELY ON HOW FAST SOME OF THE PROJECTS THEMSELVES ARE GONNA GO.
UM, AND THEY'RE CONSTANTLY BEING SORT OF NEGOTIATED.
BUT AGAIN, EVERY TIME WE DELAY MAKING A DECISION, WE KIND OF KEEP BUMPING THE TIMEFRAME OUT, UH, BY DEFINITION.
SO WE JUST HAVE TO GO AHEAD I THINK AND, AND, AND GET BUSY, UH, AS SOON AS WE POSSIBLY CAN.
WELL I'M NOT SAYING WE SHOULDN'T START THE PROJECT NOW, I'M JUST SAYING WHAT WE NEED TO DO AND IF THEY GO TO MISS THIS DEADLINE, WHAT'S THE PENALTIES? RIGHT? BECAUSE YOU KNOW, WE HAVE HUGE IMPLICATIONS ALREADY AND IF WE GO NEGOTIATE BASED ON THIS SCHEDULE WITH THE ENTITIES AND SAY, OKAY, WE'LL WE'LL START BUILDING IN 30 DAYS AFTER THIS, SO WE'RE GONNA, YOU KNOW, WE'RE GONNA START CONSTRUCTION NOVEMBER 1ST FOR EXAMPLE OF 23 AND WE WORK THAT OUT WITH THE PEOPLE COMING AND THEN THIS THING GETS DELAYED SIX MONTHS PAST THAT.
SO THE ONLY THING I DON'T SEE IN THIS CONTRACTOR IS ANY TEETH OF NOT MEETING YOUR DEADLINE, UM, EITHER FORFEITURE OR 10% PENALTY OR SOMETHING.
UM, THAT'S, IT SEEMS PRETTY TESLA BUILT AN ENTIRE WAREHOUSE FASTER THAN WE CAN DESIGN AN INTERSECTION.
SO, AND, AND I SAY THAT KIND OF TONGUE ON CHEEK, BUT I MEAN I DO SHARE THE SAME CONCERNS.
I'D ALMOST, WHAT I WOULD HAVE BEEN PUSHED FOR IS WE JUST DESIGN IT AND WORK WITH THE DEVELOPER CUZ I THINK THEY CAN BUILD IT FASTER AND CHEAPER.
UM, AND OBVIOUSLY WE'RE GOING TO, UM, WE'RE GONNA SPEND THE TIME INSPECTING THE WORK AND IT'S GONNA BE DEDICATED TO US AND IT'S GOTTA MEET OUR CRITERIA BEFORE WE ACCEPT IT AS INFRASTRUCTURE.
BUT, UM, I THINK IF YOU CUT SOME OF THE RIGHT OF WAY ACQUISITION OUT OF THERE AND ALL THAT, THE TIMELINE SHRINKS UP.
UM, I DON'T KNOW, I THINK IT'S GONNA GO, I PERSONALLY I THINK THIS IS SET UP TO BEAT DEADLINES.
I DON'T THINK WE'RE, I DON'T THINK THEY'RE GONNA GO FURTHER.
I THINK IT'S GONNA GO A WHOLE LOT FASTER.
WE, WE GOTTA GET, WE GOTTA GET GOING, CHRIST, WE GOTTA GET GOING ON SOMETHING HERE.
SO THIS IS JUST A COMMENT FOR THE FUTURE WHEN WE LOOK AT OTHER CONTRACTS THAT WE PUT SOME TEETH THAT THEY'RE GONNA MISS THE DEADLINES NOT ON THIS ONE.
WE WANT TO GET THIS OUT AND GOING, BUT YEAH.
OH, I WAS JUST GONNA SAY, I THINK A LOT OF THIS IS JUST A PARADIGM AND, AND HOW YOU, HOW YOU APPROACH THINGS AND HOW YOU LOOK AT THINGS.
I'M A PROJECT MANAGER, I DO THAT FOR A LIVING AND SO I'VE GOT MANAGEMENT WHO'S CONSTANTLY PUSHING ME TO TO, TO COMPRESS MY SCHEDULES AND TO SAY, WHERE CAN YOU CUT A DAY OUT WHERE YOU CAN CUT A DAY OUT HERE AND I CAN CUT DAYS OUT BECAUSE WHAT THEY'RE LOOKING AT IS WHAT'S THE FASTEST POSSIBLE YOU CAN DO IT? AND I'M LOOKING AT, YOU KNOW, WHAT'S THE REALISTIC
AND THEN THERE'S KIND OF AN IN BETWEEN.
[01:45:01]
THERE'S ALWAYS THIS FEAR OF, WELL, YOU'RE PATTING THE SCHEDULE, YOU'RE PATTING THE SCHEDULE HERE.YOU'RE PA YOU CAN CUT A DAY OUT HERE, YOU CAN CUT A DAY HERE.
IF EVERYTHING WORKS PERFECTLY, ABSOLUTELY.
I CAN CUT ALL KINDS OF DAYS OUT IF EVERYTHING'S PERFECT, BUT WHEN I HAVE, LIKE I'M EXPERIENCING THIS AT WORK RIGHT NOW, I'VE GOT A TOOL ISSUE TO WHERE I'M SUBMITTING A REQUEST AND THE DATA IS NOT FEEDING DOWNSTREAM TO THE REST OF THE TOOLS AND IT'S TAKEN A WEEK TO DO WHAT SHOULD TAKE AN HOUR.
AND SO YOU HAVE TO KIND OF FIGURE THAT IN AND, AND GET IN THERE BECAUSE I WOULD MUCH RATHER HAVE A SCHEDULE THAT I'M COMING IN REALISTICALLY THAN TO TRY TO JUST PUT A SCHEDULE TOGETHER THAT'S BASED ON NOTHING GOING WRONG.
AND THEN WHEN THINGS GO WRONG, THEN YOU'RE, THEN YOU'RE CONSTANTLY MAKING CHANGES.
I THINK IT'S THE SAME THING WITH BUDGETING.
I PREFER TO BUDGET HIGH, I PREFER TO BUDGET MORE ON THE HIGH END BECAUSE THEN IF YOU'RE CONSTANTLY COMING BACK AND, AND ASKING FOR MORE MONEY AND MAKING CHANGE ORDERS, UM, I'M LIVING THAT RIGHT NOW.
I'M DOING A RENOVATION OF MY HOME.
AND WHEN WE'RE DOING THAT, WE, MY CONTRACTOR WAY, WAY UNDER BUDGETED.
AND SO WE'RE CONSTANTLY ON ALMOST A DAILY BASIS WHAT HAPPENED HERE? WHY IS THIS OVER BUDGET? WELL, I ONLY BUDGETED $2 A SQUARE FOOT FOR YOUR, FOR YOUR KITCHEN BACK SPLASH.
WELL THE CHEAPEST I CAN FINDS EIGHT.
SO WHAT HAPPENED? WHY
UM, AND SO, YOU KNOW, MY PREFERENCE IS YOU DO THAT AND THEN YOU HOLD YOU ACCOUNTABLE SO THAT YOU DON'T GO BLOW THE MONEY SOMEWHERE ELSE THAT YOU, YOU ARE, UM, YOU, YOU'RE REALISTIC, BUT YOU'RE NOT KIND OF GOING CRAZY, BUT YOU'RE ALSO NOT SO FAR UNDER BUDGET THAT YOU CAN'T GET THE WORK DONE AND YOU'RE CONSTANTLY COMING BACK TO US FOR, FOR APPROVAL.
SO I THINK IT'S JUST AN APPROACH THING.
I AGREE WITH YOU PETER, UM, ON THAT AND HOW I BUDGET AS WELL.
IF I KNOW TIRES COST A THOUSAND, I'M GONNA BUDGET 1200 BECAUSE WITH INFLATION AND X, Y AND Z IT'S ALWAYS GONNA BE A LITTLE BIT MORE.
SO YOU ADD THAT AND THAT'S THE PROBLEM.
AND WHY HUDDLES IN THESE ISSUES WITH ALL THESE PRIORITIES THAT NEED TO GET DONE IS BECAUSE WE'RE NOT BUDGETING APPROPRIATELY.
WE'RE JUST BUDGETING FOR THIS MOMENT AND THIS INSTANCE NOT THE VISION AND WHAT IT NEEDS TO BE IN A YEAR AND WHAT'S THE PRICES GONNA LOOK LIKE IN A YEAR.
SO FOR ME, I DO THE SAME THING.
I, I KIND OF PAD MY BUDGET SO WHEN I HAVE EXTRA LEFTOVER GREAT.
UM, BUT I AGREE WITH PETER HAVING THAT OVERSIGHT AND COMING BACK TO US.
YOU KNOW, IF IT IS EXTREMELY OVER, THEN DEFINITELY SOMETHING ELSE IS GOING ON AND WE NEED TO LOOK AT IT.
UM, THE ONLY THING THAT I DIDN'T SEE IN THE CONTRACT THAT WOULD MAKE ME FEEL A LITTLE BIT COMFORTABLE, AND I KNOW WE TALKED ABOUT THIS IN THE ORIGINAL PRESENTATION, WAS THE EDC HELPING TO FUND IT? DID I MISS THAT IN THE CONTRACT? UM, THAT THAT'S NOT IN THIS, THAT'S NOT SPELLED OUT IN THIS CONTRACT.
I MEAN THAT WOULD BE SOMETHING I JUST KIND OF WOULD LIKE THAT TO BE.
SO COUNCIL MEMBER KINZIE THAT THIS CONTRACT IS WITH THE DESIGN FIRM TO DO THE DESIGN WORK, IT WOULD REQUIRE A SEPARATE ITEM FOR THE EDC TO REIMBURSE THE CITY, WHICH I'VE BEEN ASSURED BY THE EDC BOARD AND, AND UH, THE EDC DIRECTOR, UM, THAT, THAT, THAT IS TO BE FORTHCOMING.
I MEAN I DEFINITELY DON'T WANNA HOLD OF THE PROJECT AND I KNOW AD EDC WOULD DEFINITELY BE IN GOOD FAITH.
UM, BUT AGAIN, I JUST WANNA CAUTION SO THAT DOESN'T SLIP OUR MIND AND DOESN'T NOT COME BACK THAT THE EDC AGREEMENT TO PAY SOME OF THIS AND INTO THAT DOESN'T GET LOST IN THE SHUFFLE CUZ THAT TENDS TO HAPPEN.
I'LL MAKE A MOTION TO ACCEPT THE, THE EIGHT SIX AS PRESENTED SECOND MOTION BY COUNCIL MEMBER CLARK SECOND BY COUNCIL MEMBER KOHLER APPROVING EIGHT SIX AS PRESENTED.
ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE MAYOR SCHNEIDER.
[9.1. Consideration and possible action on Ordinance No. O-2022-043 amending Chapter 18, Article 18.02, Division 1 of the Code of Ordinances to update the rules and regulations related to City Parks. (Jeff White)]
WE HAVE ITEM NINE ONE CONSIDERATION POSSIBLE ACTION ON ORDINANCE NUMBER O DASH 2022 DASH 0 4 3 AMENDING CHAPTER 18, ARTICLE 18 0 2, DIVISION ONE OF THE CODE OF ORDINANCES TO UPDATE THE RULES AND REGULATIONS RELATED TO CITY PARKS.GOOD EVENING, MAYOR COUNCIL, JEFF WHITE PARK SUPERINTENDENT.
UH, THIS ITEM WAS TABLED AT OUR SEPTEMBER 1ST, 2022 COUNCIL MEETING AND BASED ON THE COUNCIL'S FEEDBACK WE'VE MADE THE FOLLOWING CHANGES IN SECTION A OF, UH, 18.02001 HOURS OF OPERATION PARKS AND TRAILS.
WE REMOVED, REMOVED THE PROVIDED, UH, HOWEVER THE TRAILS SHALL BE OPEN 24 HOURS.
THERE WAS SOME CONFUSION LAST TIME ON IF THERE WAS ON THE TRAIL OR IF THEY'RE IN THE PARK.
SO WE JUST KIND OF ELIMINATED THAT ONE.
[01:50:01]
PARKS AND TRAILS WILL BE OPEN FROM 6:00 AM TO 11:00 PM IS WHAT WE'RE PROPOSING.UH, SECTION B 18.02002 PROHIBITED ITEMS AND ACTIVITIES REMOVE THE USE OF WATER PONDS, CREEKS, AND LAKES.
AND THAT WAS IN SECTION E AND THEN AS SECTION H OF THAT OR SAME SECTION, WE, UM, HAD THE CONFETTI GLITTER AND PARTY POPPERS ON THAT STUFF, BUT WE REMOVED THE PINATAS AND THE LAST CHANGE WAS IN SECTION 18.02001 YOUTH SPORTS ASSOCIATION OF FEES.
UH, NUMBER FIVE, ALL YOUTH ASSOCIATIONS REIMBURSED THE CITY FOR THE COST OF MARBLE DUST PAINT AND INFIELD TOPPING USED FOR OUTDOOR SPORT FIELD SPORTS UNLESS APPROVED BY A CITY COUNCIL IN A FACILITY USE AGREEMENT.
THOSE WERE THE CHANGES THAT WE HAVE FOR YOU AND UH, I'D BE HAPPY TO ANSWER ANY QUESTIONS.
I JUST HAD ONE AND IT'S JUST BECAUSE IT'S, IT'S A DOUBLE NEGATIVE SO I WANTED TO MAKE SURE I'M READING IT RIGHT.
SO WHEN YOU SAY YOU REMOVED USE OF WATER FEATURES, PONDS, CREEKS, AND LAKES FROM THE PROHIBITED ITEMS, IT MEANS THOSE ARE NOW ALLOWED? IS THAT NO, WE REMOVED THAT AS AN OPTION.
SO THEY'RE, THEY'RE NO LONGER OKAY.
I, THAT'S WHY I ASKED CUZ I'M LIKE, OKAY, WHICH WAY IS IT? SO NOW YOU'RE SAYING THAT CITIZENS CANNOT USE NO, I'M SAYING BASED ON THE FEEDBACK WE INTERPRET IS THAT THEY COULD USE THOSE OPTIONS.
REMOVED THAT PORTION THAT WAS IN THERE.
SO THOSE WERE ORIGINALLY PROHIBITED ITEMS? YES.
THOSE HAD BEEN REMOVED FROM THE LIST OF PROHIBITED ITEMS. SO NOW THEY ARE ALLOWED ITEMS. YES.
CHIEF, CAN I HIT YOU WITH A QUESTION WE GOT IN THIS WHOLE THING ABOUT PEOPLE THAT GO OUT THERE AND, AND THEY PARTAKE IN FESTIVITIES AND LEAVE A MESS BEHIND, WHETHER IT BE GLITTER OR, UM, SILLY STRING AND STUFF.
DOES THAT NOT FALL, FALL UNDER THE, UH, LIKE A LITTERING LAW OF SOME SORT? OR DO WE HAVE REALLY HAVE TO SPELL IT OUT IN A WHOLE NOTHER ORDINANCE OR JEFF YARBOROUGH, CHIEF OF POLICE OF THE CITY OF HUDDLE MAYOR.
UM, THAT DOES FALL UNDER A LITTERING UH, COMPONENT, BUT IF IT'S A CITY ORDINANCE THAT JUST GIVES US THE ADDED SUPPORT AND THE ADDED, UH, ENFORCEMENT VEHICLE THAT WE CAN USE TO FURTHER, UH, ENFORCE THE COMPLIANCE WITH THAT.
I JUST, OH, UH, MY CONCERN HAS ALWAYS BEEN THE WAY IT'S WORDED IN TERMS OF IF YOU LIKE POSSESSION, LIKE IT'S LIKE DRUGS.
LIKE WHERE DRUGS ARE ILLEGAL, YOU SHOULDN'T HAVE, YOU KNOW, SOME KIND OF NARCOTIC WITH YOU.
BUT HERE I WAS BEING A LITTLE FACETIOUS WHEN I SAID IT, BUT IF YOU GUYS SEE SOMEONE AND THEY'RE PEELING OUT IN THE PARKING LOT AND YOU STOP 'EM AND THEN YOU SEE A TOPO CHICO GLASS BOTTLE IN THERE, ALL OF A SUDDEN THEY JUST COMMITTED A CLASS C BECAUSE THE POSSESSION IN THE PARK IS NOW A PROBLEM.
AND SO I WAS TRYING TO FIGURE OUT HOW DO YOU GET AROUND NOT HAVING THAT, YOU KNOW, OFFICER, I HAD TO SLOW IN MY CAR, I DIDN'T USE IT.
YOU CAN'T FIND OUTSIDE THE CAR, BUT THEN YOU GUYS ARE SAYING, HEY, POSSESSION NINE TENTHS OF THE LAW, BUT YOU'RE, YOU'RE NOT GETTING CHARGED WITH, YOU KNOW, ABUSE OF CONFETTI OR SOMETHING.
AND THE LITTERING, WHEN, WHEN YOU TALK ABOUT LITTERING, THERE'S NOT REALLY A STATE LAW THAT SAYS LITTERING.
TYPICALLY THAT FALLS UNDER ORDINANCES.
AND SO WHEN YOU HAVE THAT ORDINANCE THAT GIVES US THE SUPPORT AND THE, UH, THE STANDING IN THE, THE NEXUS TO GO AHEAD AND, AND ENFORCE THAT, UH, THAT THAT VIOLATION OR THAT COMPLIANCE NEED.
HOPEFULLY NO ONE GETS CAUGHT OUT THERE.
AND THEN FOR THE CITY MANAGER, UH, HAD A QUESTION ON USE OF FUNDS.
SO WHEN THIS 18 0 2 0 1 OH PARK IMPROVEMENT ACQUISITION ACCOUNT, SO OBVIOUSLY DONATIONS AND, UH, CONTRIBUTIONS GO TO THE PARK, PAYMENTS FROM DEVELOPERS AND SUBD DIVIDERS GO TO THE PARK AND WHAT THE USE OF FUNDS CAN BE USED FOR.
MY QUESTION WAS WHEN, UH, LIKE CORN HOLE LEAGUE OR THINGS LIKE THAT, THAT WE'RE MAKING MONEY, WHERE DOES THAT MONEY GO? IS THAT GOING TO THE PARKS IMPROVEMENT OR IS THAT GOING TO THE PARKS BUDGET? OR IS THAT GO TO THE GENERAL REVENUE? CAUSE I DIDN'T SEE IT CAUGHT IN HERE ON, ON THIS ACCOUNT, SO IT MADE ME THINK THERE'S A DIFFERENT ACCOUNT THAT MONEY WOULD GO TO.
WELL, I, UM, MAYOR FOR THE RECORD, JAMES IRP, I, I CAN CERTAINLY DEFAULT THAT OVER TO, UM, TO JEFF TO, TO RESPOND TO.
BUT GENERALLY WHENEVER ANYONE IS CHARGED A, A ACTIVITY FEE OR ANY OF THOSE TYPES OF FEES THAT ARE LAID OUT IN OUR FEE SCHEDULE, THAT GOES INTO THE GENERAL FUND, NOT INTO THE PARK SPECIFIC FUND, UNLESS, UNLESS IT'S A PARK SPECIFIC IDENTIFIED ITEM.
SO LIKE SAY FOR EXAMPLE, THE COUNCIL HAD DECIDED THAT ALL PAVILION RENTAL FEES WOULD GO SPECIFICALLY TO THE PARK FOR MAINTENANCE AND UPKEEP OF THE PAVILION.
[01:55:01]
IN THAT PARTICULAR CASE IT'S STILL GOING INTO THE GENERAL FUND, NOT INTO THE PARKS DEVELOPMENT FUND OR ANY OF THOSE OTHER TYPES OF THINGS.CAUSE THOSE ARE ESTABLISHED BY SEPARATE ORDINANCE.
SO IT WOULD BE GOING IN THERE AND THEN INTERNALLY THERE, THE COUNTING HAS TO HAPPEN TO SAY THERE WAS THIS REVENUE LINE ITEM FOR THAT FEE.
THERE'S THIS ASSOCIATED EXPENSE THAT'S ALSO ON THE, ON THE DEPARTMENT SIDE.
ANY OTHER QUESTION OR ACTION FROM COUNSEL? MOTION TO APPROVE 9.1 IS PRESENTED SECOND MOTION BY COUNCIL MEMBER KENZIE, SECOND BY COUNCIL SUTTON PROVEN NINE ONE IS PRESENTED.
ANY DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE.
MOTION PASSES SEVEN ZERO IN TWO DISPENSE OF THE SECOND READING MOTION BY COUNCIL MEMBER MCKENZIE DISPENSING THE SECOND READING.
ANY DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER KENZIE.
[9.2. Consideration and possible action on Ordinance No. 2022-O-050 granting a franchise to Acadian Ambulance Services of Texas, LLC, for private ambulance services including Emergency Medical Services and medical standby services. (First Reading) (Legal)]
HAVE ITEM NINE, TWO CONSIDERATION POSSIBLE ACTION.AN ORDINANCE NUMBER 2022 DASH FIVE, GRANTING A FRANCHISE TO ACADIAN AMBULANCE SERVICES OF TEXAS LLC FOR PRIVATE AMBULANCE SERVICES, INCLUDING EMERGENCY MEDICAL SERVICES AND MEDICAL STANDBY SERVICES.
SO I DO HAVE SOMEBODY FROM SOUTH THAT'S GONNA PRESENT ON THIS OR, WELL, IT SAYS LEGAL.
NO, I'M, I'M HAPPY TO GIVE THE BACKGROUND ON IT.
I'LL LET YOU OFF THE HOOK, CHRISTIAN.
ALL RIGHT, SO THE AGENDA TOO, RIGHT?
SO WE NEED TO MAKE SURE AT SOME POINT IN TIME WE, WE CELEBRATE OUR TIME WITH CHRISTIAN, BUT DID NOT KNOW THAT, UM, MAYBE IN THE AMBULANCE ONE ISN'T THE RIGHT ONE TO DO THAT ON, RIGHT.
UM, SO, SO MAYOR COUNCIL, UH, FOR THE RECORD, UM, JAMES, I THINK Y'ALL GOT THAT BY NOW, BUT THE ACADIAN AMBULANCE SERVICES, UH, FRANCHISE AGREEMENT IS CURRENTLY IN EXISTENCE.
IT IS EXPIRING AND ACADIAN REACHED OUT AND ASKED TO RENEW IT.
WHAT IS PERTINENT FOR EVERYONE TO KNOW IN THIS PARTICULAR CIRCUMSTANCE? WHAT ACADIAN PROVIDES IS, IS EFFECTIVELY NON-EMERGENT SERVICES, WHICH MEANS, SAY I'M AT, UM, I'M AT A, A, A NURSING HOME AND I NEED TO GO TO THE HOSPITAL.
I NEED TO BE TRANS TRANSFERRED OR TRANSPORTED, OR SAY I'M AT THE HOSPITAL, WHICH THERE AREN'T, YOU KNOW, HOSPITALS NECESSARILY.
THERE ARE ERS AND OTHER TYPE OF URGENT CARES, BUT SAY I'M THERE AND I NEED TO GO TO REHAB.
THAT'S THE TYPE OF AMBULATORY SERVICE THAT ACADIAN PROVIDES.
IT IS NOT 9 1 1 EMERGENCY RESPONSE.
AND, UH, HAVING SAT ON THE BOARD OF DIRECTORS FOR AN EMS SERVICE FOR BETTER THAN A DECADE, I DID ANTICIPATE THAT THE EXISTING, UH, EMS SERVICES THAT, THAT SERVICE HUDDLE I E THROUGH THE ESD AND THROUGH THE COUNTY, UM, MIGHT BE INTERESTED IN GETTING INTO THE NON-EMERGENT TRANSPORT SERVICE BECAUSE THERE'S QUITE A BIT OF MONEY TO BE MADE IN THAT, IN THAT VENUE.
UM, BUT I DID APPROACH, UH, CHIEF KERRWOOD AND I DID APPROACH THE COUNTY, AND NEITHER OF THEM HAVE ANY INTENT, UH, OF GETTING INTO NON-EMERGENT TRANSPORT SERVICES.
THEY ARE COMPLETELY, UM, SATISFIED AND OKAY WITH ACADIA AND CONTINUE TO TRANSPORT, UH, IN THE CITY OF HU.
SO, UH, WITH THERE BEING NO OBJECTIONS FROM THEM, I JUST ASKED LEGAL TO GO AHEAD AND MOVE FORWARD WITH RENEWING THE FRANCHISE AND BRINGING IT TO COUNCIL FOR ADOPTION.
I WILL ALSO NOTE, AND THIS IS A LEGAL THING, BUT I'LL DO IT FOR CHRISTIAN, UM, THAT BECAUSE IT'S A FRANCHISE AGREEMENT, THE CHARTER DOESN'T ALLOW IT TO BE PASSED ON.
YOU DON'T, YOU CAN'T DISPENSE WITH THE SECOND READING.
YOU HAVE TO HAVE TWO READINGS, EVEN THOUGH THE SECOND ONE COULD POTENTIALLY BE IN, UM, CONSENT FOR THE NEXT MEETING, I MOVE TO ACCEPT NINE TWO IS PRESENTED SECOND MOTION BY MAYOR PROM GORDON, SECOND BY COUNCIL MEMBER MCKENZIE.
I THINK HE ANSWERED ALL THE QUESTIONS OF WHY AND WHAT.
[02:00:01]
THE MOTION, RIGHT? HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER SUTTON AYE.[9.3. Consideration and possible action on Ordinance No. 2022-O-051 amending section 2.02.205 of the Code of Ordinances to modify the attendance requirement for members of the Diversity and Inclusion Commission to align with the attendance policy for other city boards, commissions, and committees. (First Reading) (Legal)]
WE HAVE ITEM NINE THREE, CONSIDERATION AND POSSIBLE ACTION.AND ORDINANCE NUMBER 2 0 22 DASH 0 5 1 AMENDING SECTION 2.0 2.205 OF THE CODE OF ORDINANCES TO MODIFY THE ATTENDANCE REQUIREMENT FOR MEMBERS OF THE DIVERSITY AND INCLUSION COMMISSION TO ALIGN WITH THE ATTENDANCE POLICY FOR OTHER CITY BOARDS, COMMISSIONS AND COMMITTEES.
SO THIS ONE WAS KIND OF A REQUEST FROM LAST ITEM FROM COUNCIL MEMBER GORDON, UM, BECAUSE WE HAD AN ITEM ABOUT, I THINK THAT IT WAS HIM.
UM, WE, THE, THE DIVERSITY INCLUSION COMMITTEE HAS A, HAD A DIFFERENT, UH, ATTENDANCE STANDARD FOR THE, THE THREE CONSECUTIVE MEETINGS RESULTED IN, UM, AUTOMATIC FORFEITURE AND THAT SEEMED INCONSISTENT WITH OUR GENERAL RULE FOR BOARDS AND COMMISSIONS, WHICH, YOU KNOW, THE ATTENDANCE TRIGGERS A KIND OF A DISCRETIONARY REVIEW FOR REMOVAL.
AND SO IT'S KIND OF A CLEANUP ITEM IF YOU'RE COMFORTABLE WITH IT.
IT'S JUST STRIKING OUT THE MORE STRICT RULE AND DEFAULTING TO THE GENERAL RULE THAT APPLIES TO EVERYBODY ELSE.
AND SO THAT'S WHAT'S BEFORE YOU TODAY.
MOTION TO APPROVE 9.3 IS PRESENTED.
AND SECOND MOTION BY COUNCIL MEMBER KINZIE, SECOND BY MAYOR PROTE GORDON.
ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER KOLAR AYE.
MOTION TO DISPENSE OF THE SECOND READING.
SECOND MOTION BY COUNCIL MEMBER KINZIE.
SECOND BY COUNCIL MEMBER CLARK DISPENSING OF THE SECOND READING.
DO WE HAVE ANY DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE MAYOR SCHNEIDER.
[10.1. Consideration and possible action on Resolution No. R-2022-089 related to compensation under Section 3.04 of the City Charter and its permissibility under article XVI, subsection 40(b) of the Texas Constitution; and authorizing and directing the City Manager and City Attorney to take all reasonable and necessary action to recover any compensation paid to city officials in violation of subsection 40(b), article XVI of the Texas Consitution. (Legal)]
BRINGS ITEM BRINGS US TO ITEM TEN ONE CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R DASH 2 0 2 2 DASH 0 89 RELATED TO COMPENSATION UNDER SECTION 3.04 OF THE CITY CHARTER IN ITS PERMISSIBILITY UNDER ARTICLE 16, SUBSECTION 40 B OF THE TEXAS CONSTITUTION IN AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL REASONABLE AND NECESSARY ACTION TO RECOVER ANY COMPENSATION PAY TO CITY OFFICIALS IN VIOLATION OF SUBSECTION 40 B.ARTICLE 16 OF THE TEXAS CONSTITUTION, NO PRESENTATION FROM LEGAL.
WELL I THINK THIS WAS AGAIN, THE DIRECTION FROM THE LAST MEETING.
UM, Y'ALL VOTED FOR US TO BRING BACK A RESOLUTION, UH, ON THE CITY'S CONSTRUCTION OF THEIR CHARTER PROVISION, UH, IN RELATION TO THE PROVISION OF THE TEXAS CONSTITUTION AND ALSO, UM, SEPARATELY THE ASK STAFF AND THE CITY ATTORNEY TO RETRIEVE ANY FUNDS THAT WERE DISPERSED IN VIOLATION OF THAT, OF THAT SECTION.
AND SO THAT'S WHAT'S BEFORE YOU TODAY FOR CONSIDERATION.
SO IT, IT'S OKAY FOR THESE TWO TO BE TOGETHER.
THAT JUST, I, I MENTIONED IT THE LAST TIME IT SEEMED LIKE IT'S TWO DIFFERENT QUESTIONS.
UM, BUT, BUT IT'S LEGALLY IT'S GONNA BE OKAY FOR THIS ALL TO BE IN LIFE.
IT CAN BE, IT CAN BE SEPARATE, IT CAN BE TOGETHER, BUT IT WAS ASKED AS ONE ITEM.
SO THE REAL QUESTION IS WHETHER WE CONSIDER A COMPENSATION SALARY OR NOT, RIGHT? SO I WANNA SAY I'M AN EMPLOYEE AT HEB.
I'M ON A W2, I'M AN HOURLY EMPLOYEE, I DON'T GET VACATION, I DON'T GET HOLIDAYS.
I DO GET TO P PARTICIPATE IN HEALTH INSURANCE.
UM, TO ME, WHEN THE WORD SALARY COMES UP FROM WHEN I WAS A RECRUITER, SALARY IS A COMBINATION OF ALL THOSE ITEMS. AND TO ME, IF I MISSED EIGHT HOURS OF WORK AT H HEB, I DON'T GET PAID.
BUT IF I WERE ON SALARY AND I HAD VACATION PAID A USE, I WOULD, SO THIS TO ME,
[02:05:01]
THIS IS THE QUESTION IN FRONT OF US, WHETHER IT'S SALARY, WHETHER IT'S NOT, THIS HAS ABSOLUTELY NOTHING TO DO WITH WHETHER MANDY SHOULD PAY OR MANDY SHOULDN'T PAY.CUZ TO ME IT'S A SEPARATE ISSUE.
AND THAT WAS MY ISSUE WITH PUTTING THESE TWO THINGS TOGETHER LIKE THIS.
AND THEN THE QUESTION IS, IF WE APPROVE THIS TODAY, CAN WE BACKDATE IT AND ENFORCE IT? BECAUSE AT THE TIME THESE AG RULINGS CAME OUT, THIS IS THE WORDING THAT WAS THE ISSUE.
YOU KNOW, BEFORE EVERYTHING, IT'S NOT SALARY, BUT IF WE CHANGE IT TODAY AND SAY IT IS SALARY, HOW DO WE GO BACK AND COLLECT LEGALLY ON SOMETHING THAT JUST GOT ON THE BOOKS AS US DEEMING ITS SALARY TODAY? WELL, I GUESS FROM A LEGAL PERSPECTIVE, NOT PERSONAL.
AND I GUESS WHAT IS NEW IS YOU FORMALIZING, UH, THE CITY'S POSITION AND THE FORM OF A RESOLUTION.
BUT THE PROVISION OF THE TEXAS CONSTITUTION HAS BEEN THERE THIS WHOLE TIME AND THERE'S BEEN PREVIOUS INTERPRETATIONS OF THAT BEING CONSISTENT WITH, UH, PER DIEM, CONSTITUTING A SALARY FOR PURPOSES OF THE TEXAS CONSTITUTION.
AND SO AS THE AG RULING GOES THROUGH THE REASONS WHY IT MIGHT BE AND WHY IT'S NOT, IT'S AN UNDEFINED TERM.
SO YOU GENERALLY DEFAULT TO THE COMMON MEANING.
AND SO ALL THESE QUESTIONS ABOUT WHAT PEOPLE TRADITIONALLY CONSIDER SALARY COME INTO PLAY, BUT IT'S ALSO IN THE, YOU HAVE TO READ IT IN TERMS OF THE CONTEXT OF THIS SPECIFIC PROVISION OF THE CONSTITUTION AND WHAT WAS DISCUSSED WHEN IT WAS ENACTED.
AND SO, YOU KNOW, THE AG GOES THROUGH BOTH ANALYSIS.
IF YOU GO BY A MORE COMMON PLAIN MEANING DEFINITION, IT MIGHT NOT BE SALARY, BUT IN THE CONTEXT OF THIS, A COURT COULD CONSTRUE THAT THE, THE PURPOSE IS NOT NECESSARILY TO PREVENT PEOPLE FROM RECEIVING SALARY, BUT FROM RECEIVING ANY FORM OF COMPENSATION BECAUSE YOU KNOW THAT THAT'S WHAT YOU'RE TRYING TO PROHIBIT, UH, WITH THIS CONSTITUTIONAL PROVISION IS KIND OF RECEIVING TWO FORMS OF PAY.
AND SO DISGUISING COMPENSATION AS SOMETHING ELSE WOULD DEFEAT THE PURPOSE OF THE CONSTITUTIONAL PROVISION.
AND SO IF YOU READ IT THAT WAY, THEN YOU COULD, YOU CAN CALL IT A PER DIEM, A PER MEETING, A STIPEND.
IF IT'S A FORM OF COMPENSATION THAT'S NOT REASONABLE REIMBURSEMENT FOR EXPENSES, THEN IT'S SALARY FOR PURPOSE OF THE CONSTITUTION.
AND LOOKED AT IT LIKE THIS, YOU KNOW, MANY YEARS AGO WHEN OUR, I HAD A COMPANY THAT I WORKED FOR WHERE WE GOT A CAR ALLOWANCE, SO THAT WAS NOT, I DIDN'T PAY TAXES ON IT BECAUSE IT WAS A REIMBURSEMENT EXPENSE AS A THING AND THEY DID AS LIKE A, AN ITEM.
BUT WHEN YOU GET A W2, THEY TAKE TAXES OUT AND WHETHER YOU'RE HOURLY OR SOURLY SALARY, YOU ARE GETTING PAID AND YOU GET A W2, WE GET A W2.
I MEAN THAT'S, I MEAN THAT'S, I'M NOT ON A SALARY AT HEB
YEAH, THERE'S IF YOU'RE SALARIED EMPLOYEE, BUT IT DOESN'T SAY EXEMPT OR NOT EXEMPT THOUGH.
BUT I'M JUST SAYING LIKE BY DEFINITION IN COMMON KNOWLEDGE YOU CHECK THE BOX EITHER EXEMPT OR NON-EXEMPT, LIKE THAT'S A PART OF YOUR, HOW IT'S STRUCTURED, WOULD YOU AGREE? YES.
BUT FROM THE STATE OF TEXAS DEFINING YOU GETTING PAID AMOUNT FOR BEING A, YOU'RE, YOU'RE, YOU'RE RECEIVING PUBLIC FUNDS FROM TWO LOCATIONS.
THAT IS THE SPIRIT OF THE LAW IS YOU CAN'T DO THAT.
SO THERE'LL BE NO AMBIGUITY EVER.
JUST LIKE AMBER HAS NEVER TAKEN A PAY.
SO I SAW SOME THINGS OUT THERE CLAIMING THAT SHE WAS GO, SHE'S NEVER TAKEN A PAY.
SO THERE IS NO ISSUE WITH AMBER.
AND SHE DID THAT FROM THE BEGINNING.
AND CUZ SHE GETS SO CLEARLY IF WE HAVE ONE PERSON THAT ACTS IT THAT WAY, I MEAN THAT'S, THAT'S HOW IT IS.
I MEAN IT, YOU KNOW, I WASN'T HERE WHEN ALL THE DISCUSSIONS WENT ON, BUT I MEAN, YOU KNOW.
WELL RANDALL, IF I CAN CLEAR THAT UP FOR EVERYBODY IN THE ROOM, UM, OUR ATTORNEY SENT US SOMETHING ON 10 29 CLEARLY SAYING IT WAS NOT DOUBLE DIPPING THAT IT WAS NOT DUAL OFFER.
I CAN READ IT, IT SAYS IT'S THE VERY LAST SENTENCE ON AN EMAIL THAT WAS SENT BY CHRISTIAN ON 10 29.
A COURT WOULD CONCLUDE A VP OF INSTITUTIONAL ADVANCEMENT IS NOT A PUBLIC OFFICE BECAUSE THEY DO NOT EXERCISE THEIR DUTIES LARGELY INDEPENDENT OF THE CONTROL OF OTHERS.
THEREFORE THE COUNCIL MEMBER DOES NOT HOLD TWO CIVIL OFFICES OF A MOMENT OR PURPOSES OF THE DUAL OFFICE HOLDING PROVISION OF THE TEXAS CONSTITUTION.
SO OUR ATTORNEY SAID THAT IT WASN'T DOUBLE DIPPING.
IT'S, BUT THAT'S, THAT'S A DIFFERENT ISSUES.
THAT'S A DIFFERENT ISSUE THAT THAT'S WAS THE ONLY ISSUES I KNOW, BUT THAT'S WHAT OTHER PEOPLE ARE CLAIMING AS
[02:10:01]
WELL, THAT SHE'S DOUBLE DIPPING, THAT SHE'S TAKING FROM STATE FUNDS AND TAKING FROM US THAT SHE WAS DOUBLE DIPPING.SHE ACCORDING TO OUR OWN, IF I MAY EXPLAIN MY OWN WORDS.
THESE ARE AGAIN, INTELLIGENT PERSON.
THESE ARE TWO SEPARATE ISSUES AND THAT'S, I I'VE IT'S, IT'S NOT EASY TO GRASP, BUT YES, I, THERE'S NOT A DUAL OFFICE HOLDING PROBLEM.
AND SO THAT'S WHAT I'M ADDRESSING IN THAT STATEMENT.
BUT I THINK IN THAT SAME MEMO TOWARDS THE END, I SAY SHE CANNOT RECEIVE COMPENSATION FOR HER SERVICES.
AND SO DUAL OFFICE HOLDING DISQUALIFIES YOU FROM HOLDING THAT OFFICE ALL TOGETHER.
AND SO THAT WAS NEVER AN ISSUE SHE COULD SERVE AS A COUNCIL MEMBER AND THAT'S WHY HER HOLDING THE POSITION OF VP OF, I FORGET WHAT THE SPECIFIC POSITION IS, DOESN'T DISQUALIFY HER FROM BEING A COUNCIL MEMBER.
THAT BEING SAID, THIS SEPARATE PROVISION OF THE TEXAS CONSTITUTION PROHIBITS FROM, FROM RECEIVING ANY KIND OF SALARY OR COMPENSATION FOR HER SERVICE.
AND SO SHE CAN'T ACCEPT THE PAY ON THE OFFICE OF THE ATTORNEY GENERAL.
IT'S, THERE'S THIS WHOLE PARAGRAPH ABOUT IT, ABOUT SALARY COMPENSATION AND LUCKILY, YOU KNOW, HOW DO, IT'S THAT KP 0 414, IT SAYS WHETHER THE PERMITTING PAYMENT PROVIDED UNDER THIS SECTION, IT CHARTER MAY BE CONSTRUED TO CONSTITUTE THE REIMBURSEMENT OF EXPENSES RATHER THAN SALARY.
FOR THE PURPOSES OF THE SUBSECTION, IT'S LEFT TO THE DISCRETION OF THE APPROPRIATE CITY OF OFFICIALS IN THE FIRST INCENSE AND IT'S SUBJECT TO JUDICIAL REVIEW.
SO IN MY MIND THAT DOESN'T SAY ONE WAY OR THE OTHER, IT'S JUST SAYING IT COULD BE CONSTRUED TO ME THAT DOESN'T SOUND LIKE THE, A G'S OFFICE HAS LIKE A SMOKING GUN SAYING THAT THIS IS SALARY.
IT'S JUST SAYING THAT IT COULD BE CONSTRUED TO CONSTITUTE AND IT'S UP FOR US TO DECIDE.
WELL EXCEPT, BUT IT SAYS UP TO JUDICIAL REVIEW, WHICH MEANS THAT THEN IF A TAXPAYING CITIZEN THEN SAID, HEY, WE THINK YOU ARE MISAPPROPRIATING GOVERNMENTAL FUNDS, THEY'D FILE A LAWSUIT AND IT WOULD GO TO COURT AND THEN THE COURT WOULD SAY EITHER, YEAH, WE DON'T CONSIDER IT PER DIEM BECAUSE YOU'RE NOT SUBMITTING ANY EXPENSE REPORTS OR WHATEVER.
SO YEAH, THEY, THEY NEED TO PAY THAT MONEY BACK OR NOT.
SO I SEE IT AS WE ARE BEING PROACTIVE TO NEVER GET NEAR THE EDGE OF THE SLIPPERY SLOPE OF SAYING WE'RE MISAPPROPRIATING TAX FUNDING.
IS IT UNFORTUNATE THAT SOMEONE DID SOMETHING? YES, BUT, OR THAT IT ALL HAPPENED? I DON'T UNDERSTAND WHY THE MOMENT, LIKE IF I HAD BEEN IN A SITUATION LIKE THAT, I WOULD'VE JUST WITHHELD IT, NOT TAKEN THE MONEY OR PUT IT IN A SAVINGS ACCOUNT TO PAY IT BACK ONCE IT FINALLY GOT RESOLVED.
I MEAN I, I DON'T UNDERSTAND LIKE REGARDLESS OF THE PERSON, WE JUST LOOK AT WHAT THE LAW IS AND WHAT SHOULD WE IMPLEMENT AS A CITY TO PROTECT THE CITY FROM ANY LAWSUITS OR CLARIFICATIONS FOREVER.
AND I THINK THIS SAYS THAT, THAT WE'RE GONNA DEFINE IT AS BOTH.
ONCE YOU DO THAT, WHICH IS ALSO THE CORRECT THING, THERE WAS MANY DISCUSSIONS THAT IT WAS NOT LIKE, AND LIKE I SAID, I WASN'T AN EXECUTIVE, I WOULDN'T IN THAT, BUT IT WAS, IT WAS VERY CLEAR THAT PEOPLE THOUGHT THAT THERE MIGHT BE A REASON THEY SHOULDN'T HOLD THE MONEY.
SO IT, IF NOW IT'S BEEN DETERMINED THAT THAT'S THE WAY WE'RE GONNA BE IT AS A CITY, THEN YOU TURN IT BACK.
I MEAN, AND I DON'T DISAGREE, I JUST FEEL LIKE THE WAY THAT WE'RE GOING ABOUT IT IS NOT THE RIGHT WAY.
SO WE'RE ESSENTIALLY DEFINING THE CHARTER.
SO WE'RE DEFINING WHAT OUR CHARTER MEANS.
SO FOR ME WE'RE DETERMINING AND DEFINING THE INTENT OF OUR CHARTER.
SO THAT SHOULD GO THEN TO THE CHARTER REVIEW FOR AN AMENDMENT TO GO INTO THE CHARTER, NOT FOR A SEVEN COUNCIL MEMBERS TO DECIDE.
THIS TO ME FEELS MORE BECAUSE THERE IS A, A CONFLICT NOW WITH OUR CHARTER BECAUSE THE CHARTER SAYS SHALL BE, AND THAT WAS ANOTHER PRO POINT THAT WAS BROUGHT UP.
SO I FEEL LIKE IF WE DEFINE IT AS THAT ON OUR OWN DOING, I FEEL LIKE WE'RE NOT FOLLOWING THE SPIRIT OF OUR CHARTER AND THE WHOLE PROCESS OF THE CHARTER REVIEW.
AND I THINK THAT THAT FOR ME WOULD BE THE MORE APPROPRIATE CHANNEL WOULD BE TO PUT IT TO THE CHARTER AND HAVE IT CLEARLY DEFINED THEN US MAKING THIS DEFINITION.
UM, BUT WE COULD BE THAT WE'RE LEADING AS A LEGISLATIVE BODY AND SAYING THIS IS WHAT IT'LL BE AND THEN THE NEXT TIME THE CHARTER CAN BE AMENDED, WHICH IS NOT FOR A WHILE CUZ I THINK IT'S TWO YEARS AND WE JUST DID IT LIKE A YEAR AGO OR WHATEVER.
I THINK IT CAN BE DONE THIS SPRING.
SO THEN WE'LL HAVE THIS ORDINANCE AND WE'LL SAY PLEASE IF THE CHARTER COMMITTEE WOULD AGREE TO ALIGN THAT SAME TYPE OF LANGUAGE INTO THE CHARTER AND THEN IT WILL BE THERE.
I THINK THAT'S THE WAY THAT WE SHOULD DO IT.
NOT US TRYING TO DEFINE IT RIGHT NOW AND THEN LUMPING IT WITH UM, WHAT'S THE WAY IT'S UM, AND THEN LUMPING IT WITH TRYING TO RECOVER COMPENSATION AS WELL.
LIKE FOR ME I AGREE I THINK IT SHOULD BE TWO SEPARATE ITEMS, US DEFINING IT, WHAT WE ALL THINK THAT IT IS AND THEN THE WHOLE SEPARATE ITEM OF WHETHER IT'S OWED OR NOT.
[02:15:01]
I THINK TWO VERY DIFFERENT THINGS OF WHETHER IT'S SALARY OR COMPENSATION AND WHETHER I THINK IT'S OWED OR NOT.CAN I GO
UM, SO I, I'M I'M IN AGREEMENT THAT I THINK IT'S, IT'S PROBABLY WOULD BE APPROPRIATE TO, AND IF SOMEBODY WANTED TO MAKE A MOTION, THEY COULD DO THAT TO SEPARATE THESE TWO VOTES OUT BECAUSE THERE MAY BE INDIVIDUALS WHO MAY WANT TO VOTE YES ON ONE PART OF IT, BUT MAY WANNA VOTE NO ON THE OTHER PART OF IT.
SO JUST SO YOU KNOW, IF, IF ANYONE WANTS TO MAKE THAT KIND OF A MOTION THAT'S LOUD, UM, YOU KNOW, FOR ME IT'S UNCLEAR.
I AGREE WITH COUNCILMAN CLARK THAT WE HAVE AN OPPORTUNITY TO MAKE IT CLEAR.
THE WAY I READ THE OPINION, THE ATTORNEY GENERAL OPINION IS THAT WE HAVE THIS OPTION THAT WE CAN MAKE IT CLEAR AND THAT'S ALLOWED, UH, PER THE ATTORNEY GENERAL THAT WE CAN TAKE A VOTE SAID IN ORDINANCE, UM, AND AND FOR SURE CLARIFY THAT AND MAKE SURE THAT IT'S THERE.
YOU KNOW, WHEN I LOOKED AT IT, I KEPT GOING BACK AND FORTH ON THIS WHOLE THING OVER MONTHS, BUT I JUST, I KEEP LOOKING AT IT THINKING, OKAY, I GET THIS PAY, I'M NOT BEING REIMBURSED FOR ANYTHING.
I DON'T HAVE TO, I DON'T HAVE TO SUBMIT A REIMBURSEMENT FORM TO GET MY $800 FOR MY TWO MEETINGS AND I GET A W2.
SO FOR ME IT'S SALARY, IT'S NOT A BIG SALARY
AND SO, BUT THINK IT FITS MORE OF THE DEFINITION OF SALARY THAN IT DOESN'T.
AND SO FOR ME, YOU KNOW, THAT SEEMS TO BE CLEAR.
UM, BUT I JUST ALSO WANTED TO, TO JUST POINT OUT THAT IF ANY MEMBER OF THIS COUNCIL DOES WANT TO MAKE A MOTION TO AMEND AND TRY TO SEPARATE THESE TWO OUT, IF, IF YOU FEEL YOU WANT TO VOTE ONE WAY, YOU CAN'T VOTE I BECAUSE PART OF IT IS AN EIGHTH AND THAT'S, THAT'S LOT.
WELL THANK YOU PETER AND I THAT'S A GREAT POINT.
AND I JUST WOULD SAY THAT WE HAVE MORE THAN TWO MEETINGS SOMETIMES AND WE ONLY GET QUOTE UNQUOTE PAID FOR TWO MEETINGS SO THEN WE DON'T EVEN GET THE SALARY FOR WHEN WE HAVE ALL THOSE SPECIAL MEETINGS AND THINGS LIKE THAT AS WELL.
SO YEAH, I WANT US TO EARN VACATION PAY NOW
SO I GO BACK TO MY FIRST DAYS ON THE COUNCIL WHEN WE, WE RECEIVED SOME SORT OF PAY COMPENSATION ENUMERATION, SOMETHING BASED ON AN ORDINANCE.
WE HAD MANY CHARTER REVIEW MEETINGS.
AND THE INDICATION I GOT, THE REASON WE EVEN MADE THE CHANGE INTO THE CHARTER WAS BECAUSE THE, THE, WHAT I REMEMBER THE DISCUSSION BEING AROUND IS WE DON'T THINK IT'S APPROPRIATE FOR THE CITY COUNCIL TO VOTE THEMSELVES PAY.
WE HAD A CITY MANAGER SAID, HEY YOU GUYS IT SAID SHALL PAY, YOU GOTTA GET PAID.
AND SO THEY CAME UP WITH THE NUMBER.
THE INTENTION WAS WE'RE GONNA GET PAID.
TO ME THE SEMANTICS OF WHAT IS A SALARY AND COMPENSATION, WHATEVER YOU CALL IT, IF WE SAY LOOK A SALARY'S THE SAME AS COMPENSATION.
AND IF SOMEBODY COMES UP AND SAYS, LOOK, I'M NOT GETTING PAID A SALARY OR A COMPENSATION, I'M GETTING PAID AND IT COME UP WITH A DIFFERENT WORD THAT'S A SYNONYM OF IT.
AT THE END OF THE DAY, WE'RE GETTING PAID TO DO OUR WORK.
UM, WE COULD TAKE IT BACK TO THE VOTERS AND ASK, HEY, WE WANNA GET PAID $1 A YEAR.
OTHER CITIES BIGGER THAN US GET PAID A WHOLE LOT LESS THAN WE DO.
IT'S A PAY WE GET REIMBURSED FOR OUR EXPENSES.
IF THERE, IF THERE ARE ANY, I DON'T KNOW ANYBODY'S BEEN REIMBURSED IN THE PAST TWO YEARS CUZ IT HADN'T COME OUT IN FRONT OF US.
UM, I THINK THAT THE, UH, WE HAVE ONE COUNCIL MEMBER THAT DID SOME RESEARCH AND HASN'T COLLECTED PAY.
WE HAD ANOTHER COUNCIL MEMBER THAT BASED ON ALL THE EMAILS, I I DON'T EVEN KNOW IF WE HAVE TO ASK FOR THE MONEY BACK CUZ FROM WHAT I READ, IT SHOULD BE ESCROW.
I DON'T KNOW WHATEVER HAPPENED.
AND I GO BACK TO WHAT I SAID THE LAST MEETING, A LOT OF THINGS HAPPENED WITH THIS THAT I DON'T UNDERSTAND EXACTLY HOW WE GOT THIS WAY IN TERMS OF, I DON'T KNOW.
WHO MAKES A DECISION THAT YOU CAN MAKE PAYMENTS, WHO MAKES A DECISION? YOU CAN'T COLLECT PAY.
WHO MAKES ANY OF THAT? I DON'T LOOK AT THIS AS WORD DEFINING ANYTHING TO ME IT'S A, IT'S STRAIGHT CUT.
EVERYBODY THOUGHT IT WAS PAY BEFORE THE VOTERS WHEN THEY VOTED, THEY VOTED TO PAY US, UM, COMPENSATION OR MONEY, SALARY, UH, PAY FOR THE JOB THAT WE DO.
THEY ACTUALLY GAVE US A RAISE, UH, FROM WHAT WE WERE MAKING.
AND TO ME THIS IS, IS A BUNCH OF SEMANTICS AND BASED ON SOMETHING THAT ALL THE EMAILS EVERYBODY ALREADY REALIZED THERE WAS A PROBLEM BACK WHEN IT CAME OUT.
SO, UH, FOR ME IT'S COMBINED TOGETHER, WHAT IT'S COMBINED TOGETHER SEPARATE.
WE HAVE TO TAKE EMOTION OUT OF THIS FRIENDSHIP GIFT GIVING, EVERYTHING THAT COMES INTO THIS.
AND YOU HAD TO ASK YOURSELF WHAT WAS THE INTENT OF THE VOTER WHEN THEY HIT THE BUTTON AND SAID, WE WANNA GIVE THEM $800 A MONTH.
AND BASED ON THAT, THAT'S WHAT I, THAT'S WHAT DRIVES
[02:20:01]
ME.UM, SO I'LL MAKE A MOTION JUST TO APPROVE IT AS PRESENTED.
SECOND, AND I'LL BE RECUSING MYSELF ON THIS ONE AS WELL AT MY PAPERWORK.
I'M SORRY, I'LL, I'LL BE RECUSING MYSELF FROM THIS VOTE.
SO MAY I MAKE A A MOTION TO SPLIT THE QUESTION? I THINK THAT'S THE APPROPRIATE WORDING.
WE'VE GOT ONE QUESTION THAT COULD BE SPLIT INTO TWO DIFFERENT QUESTIONS.
AND SO I MAKE A MOTION TO SPLIT THAT INTO ALLOW VOTE ON TWO SEPARATE ITEMS. I I REQUEST THAT WE VOTE ON DEFINING, UM, PAY AS SALARY AND THEN HAVE A SEPARATE VOTE ON THE UH, COLLECTION.
I THOUGHT FROM MY UNDERSTANDING WHEN I READ THIS, WE ALREADY VOTED THAT LAST MEETING.
WHAT THIS WAS IS NOW TO THEN DIRECT TO ACTUALLY GO COLLECT FOR THIS.
I DON'T SEE WHERE IT SAYS THERE'S A SEPARATE, THAT WASN'T MY UNDERSTANDING THING WHEN I, WHEN I READ THE BACKGROUND INFORMATION.
WELL, WHEN YOU READ THE ACTUAL RESOLUTION YEAH, THE FULL RESOLUTION.
BUT ARE WE ABLE TO SPLIT IT APART FROM THE RESOLUTION THAT'S THERE? OR YOU'D HAVE TO COME BACK WITH TWO DIFFERENT RESOLUTIONS.
IT SEEMS TO ME THAT IF IT PASSES THEN IT SHOULDN'T MATTER IF BOTH OF THEM PASS.
I MEAN IT'S, THERE'S TWO SEPARATE SECTIONS IN YOUR RESOLUTION.
SO YOU CAN VOTE ON SECTION ONE AND THEN YOU CAN VOTE ON SECTION TWO SEPARATELY.
SO MOTION BY MAYOR PROAM GORDON TO SPLIT THE VOTE.
DO WE HAVE A SECOND? SECOND, SECOND BY COUNCIL MCKENZIE CAN CLARIFY WHAT SECTION ONE IS JUST SO WE HAVE IT ON RECORD.
YOU HAVE, SO THERE'S ALL THE WAREHOUSE CLAUSES AND THEN IT SAYS NOW FOUR THEREFORE BE RESOLVED.
AND SO THERE SHOULD BE A SECTION ONE AND THEN A SECTION TWO.
UM, I HAVE TO GO PULL IT UP IN MY NOTES.
IT'S MISSING FROM THE OTHER PACKET.
YEAH, THAT'S WHY I'M LIKE, SORRY, SECTION TWO AND SECTION THREE.
SECTION TWO, SECTION TWO IS WHICH ONE? SO SECTION I CAN READ IT.
SO SECTION TWO, THE COMPENSATION RECEIVED UNDER SECTION 3.04 B OF THE CHARTER IS DIFFERENT FROM REIMBURSEMENT OF EXPENSES UNDER SECTION 3.04 C OF THE CHARTER AND IS THE SALARY UNDER SUBSECTION 40 B ARTICLE 16 OF THE TEXAS CONSTITUTION.
SO THAT'S SECTION THREE TWO, JESUS.
IN SECTION THREE, THE CITY MANAGER AND CITY ATTORNEY ARE AUTHORIZED AND DIRECTED TO TAKE ALL REASONABLE, NECESSARY ACTION TO RECOVER ANY COMPENSATION PAID THE CURRENT AND FORMER CITY OFFICIALS IN VIOLATION OF SUBSECTION 40 B, ARTICLE 16 OF THE TEXAS CONSTITUTION.
SO THE REQUEST IS BASICALLY TO REMOVE SECTION THREE AND HAVE A VOTE ON EVERYTHING ELSE.
AND THEN HAVE A SEPARATE VOTE ON SECTION THREE.
DOES THAT SOUND RIGHT? REMOVE THREE VOTE ON SECTION TWO TWO.
SO MAKE A MOTION TO APPROVE, UH, EVERYTHING MISSION R DASH 2022 DASH OH 89 EXCLUDING SECTION THREE.
SO MY DISCUSSION POINT ON THIS IS IF WE GO THROUGH AND SAY IT'S THE SAME THING, BUT THEN WE'RE NOT GONNA COLLECT THAT, THAT DOESN'T MAKE ANY SENSE TO ME EITHER.
YOU THINK IT'S THE SAME AND IF IT'S THE SAME YOU COLLECT AND IF YOU DON'T THINK IT'S THE SAME, YOU DON'T COLLECT, I DON'T KNOW HOW YOU COULD SAY IT.
YEAH, IT WAS A VIOLATION, BUT GO AHEAD AND KEEP THE MONEY.
UM, CUZ LIKE I SAID LASTLY WE TURNED PEOPLE'S WATER OFF FOR A WHOLE LOT LESS MONEY THAN $3,000.
AND SO IF THERE WASN'T EMAILS BEFORE THAT SAID, UM, I'M GONNA PAY IT BACK, HERE'S HOW MUCH I'M GONNA PAY BACK, HERE'S WHEN I'M GONNA PAY IT BACK.
IF WE DIDN'T HAVE ALL THOSE EMAILS SAYING ALL THAT, THEN I, I MIGHT BE ABLE TO BUY INTO THAT A LITTLE BIT.
BUT WHEN A PERSON KNEW LIKE WITHIN 12 HOURS AFTER THE FIRST EMAIL CAME OUT AND WAS EMAILING MAD THAT THE CITY ATTORNEYS MISSED, UH, UH, THE CONSTITUTION CLAUSE, THEN I'M LIKE, EVERYBODY ALREADY KNOWS.
SO, AND THEN I DON'T KNOW WHAT THAT SAYS TO COUNCIL MEMBER.
SO THEN THEORETICALLY IF YOU VOTE THAT IT IS THE SAME, BUT YOU DON'T HAVE TO COLLECT IT, COUNCIL MAYOR KOLAR COULD THEN SEND AN EMAIL GOING, I WANNA START COLLECTING PAY.
I DON'T DISAGREE WITH YOU CUZ NOW WE'VE SET A PRECEDENT THAT WE'RE NOT GONNA COLLECT IT IF YOU VIOLATE IT.
SO I DON'T DISAGREE WITH YOU AND I THINK YOU'RE MAKING AN ASSUMPTION OF HAVING TO VOTE.
NO, NO, I'M, IT'S ISN'T ABOUT YOU AT ALL.
I JUST MEAN THAT'S HOW I'M TAKING IT.
AND SO JUST, JUST SO YOU KNOW, I JUST, I'M DOING THAT TO ALLOW FOR A VOTE FOR IF ANY MEMBER OF THIS COUNCIL DOES WANT TO VOTE, OPPOSITE OF HOW YOU'RE THINKING THAT THEY HAVE THAT OPPORTUNITY.
WELL, NO, I'VE MADE MOTIONS BEFORE FOR SOMETHING TO VOTE AGAINST IT JUST TO GET THE THING GOING.
NO, NO, NO COMMISSION TO SPEAK.
IT'S, YEAH, IT'S CLOSED AND IN FACT, I'D REQUEST A POINT OF ORDER THAT, I MEAN, I'M, I'M HEARING A LOT OF NOISE FROM THE, THE AUDIENCE IS MAKING IT HARD TO CONCENTRATE UP HERE.
WE'VE GOT A PRETTY IMPORTANT VOTE TO DO.
SO IT'S, IT'S, IT'S MAKING IT DIFFICULT.
SO THE, THE MOTION IS TO DECIDE NOT TO COLLECT CASES HERE.
[02:25:02]
LET'S GET CONTROL OF EVERYTHING.SO THE AMENDED MOTION IS TO, UH, PROVE IT AS PRESENTED WITH SECTION THREE TAKEN OUT FOR A SEPARATE VOTE.
ANY DISCUSSION ON THIS? YEAH, I, I WOULD LIKE TO, TO SAY SOMETHING BEFORE THE VOTE.
UM, I DON'T BELIEVE BELIEVE ANYTHING WAS DONE WITH MALICIOUS OR INTENTIONAL INTENT.
UM, MY VOTE WAS PROBABLY GONNA SURPRISE PEOPLE, UH, AGREE THAT IT DAZ NEED TO, IT DOES NEED TO GET REVIEWED BY THE CHARTER COMMISSION AND CLEANED UP THE WORDING.
UM, BUT ANYWAY, THAT'S ALL I WANTED TO SAY.
SO WE'RE VOTING TO APPROVE EVERYTHING.
WELL, WE'RE VOTING TO AMEND, WE'RE NO, WE'RE VOTING FOR A MOTION TO EVEN AMEND, RIGHT? SO WE'RE VOTING TO APPROVE IT AS PRESENTED WITH THE SECTION THREE TAKEN OUT.
THAT'S THE AMENDMENT IS TO TAKE SECTION THREE OUT.
WE'RE VOTE, WE'RE VOTING TO AMEND THE MOTION TO STATE THAT, RIGHT? YEAH.
WE'RE NOT VOTING TO APPROVE THAT.
OKAY, SO WE'RE JUST VOTING TO TAKE SECTION THREE OUT.
DOES THAT SOUND GOOD OR IS IT SIMPLER TO JUST VOTE TO
RIGHT? I MEAN, I WANT IT TO BE VERY CLEAR.
MY INTENT WITH MY MY, UH, MOTION IS TO ALLOW ANY MEMBER OF THIS BODY TO VOTE THEIR CONSCIENCE ON WHAT WOULD APPEAR TO BE FOR SOME PEOPLE TWO SEPARATE ISSUES.
UM, SO I I I MEAN I, I GUESS I DON'T WANT A MEMBER TO SAY WELL NO ON THIS, EVEN THOUGH THEY WANT, THEY WANT, SO CHRISTIAN, HELP US OUT.
WHAT'S THE EASIEST WAY TO DO THAT? SHOULD WE VOTE ON SECTION THREE FIRST TO SAY, UM, WE, WE VOTE TO APPROVE SECTION THREE AND THEN BOY YOU HAD A MOTION ON THE TABLE THE, TO APPROVE THE WHOLE THING.
AND SO IF YOU, IF WE WANNA GO SCRATCH ALL THAT AND SAY THE MAIN MOTION IS WE'RE GONNA VOTE ON SECTION TWO AND THEN WE DO THAT AND THEN WE VOTE ON SECTION THREE SEPARATELY.
IF, IF YOU KNOW THE, THE MAKER OF THE MAIN MOTION IS COMFORTABLE WITH THAT.
IF NOT, WE CAN GO THROUGH THE AMENDING THE MOTION AND WE FREQUENTLY HAVE TO TAKE VOTES.
I, I VOTED ON A CONTRACT THAT I THINK WAS SLOPPY AND I VOTED YES EVEN THOUGH, EVEN THOUGH PART OF ME SAID VOTED NO, I VOTED NO ON ONE OUT OF A PRINCIPLE.
I MEAN THERE'S TIMES YOU VOTE NO WHEN YOU REALLY WANT SOMETHING AT A PRINCIPLE.
THERE'S TIMES YOU VOTE YES FOR SOMETHING WHEN YOU REALLY DIDN'T LIKE THE WAY IT WAS DONE, BUT IT'S AS GOOD AS IT GETS.
IF WE START PULLING APART EVERY SINGLE THING AND SPLIT VOTINGS, THEN YOU'RE BASICALLY SAYING ON AN ORDINANCE GOING FORWARD, WELL LET'S VOTE ON SECTION ONE CUZ I DON'T AGREE WITH THAT.
BUT THEN, OKAY, I LOST THAT BUT I'M ON THE RECORD.
I THINK YOU JUST TAKE THE VOTE.
YOU EITHER THINK IT'S THE SAME OR YOU DON'T AND YOU MOVE ON DOWN THE ROAD, BUT YOU MADE A MOTION JUST TO REMOVE THREE.
WE NEED TO MAKE A VOTE ON THE MOTION IF WE EVEN, IS THAT HOW, WHAT'S THE PROPER WAY TO WORD WHAT YOU'RE TRYING TO SAY? THAT'S WHAT I'M TRYING TO FIGURE OUT.
CAN I JUST ASK ONE CLARIFYING QUESTION WHILE YOU'RE FIGURING THAT OUT? YEP.
SO WE TAKE A VOTE ON SECTION TWO, LET'S SAY IT FAILS, THEN WE CAN'T REALLY ENFORCE SECTION THREE IF, UM, BECAUSE WE CAN'T REALLY ENFORCE SECTION THREE WITHOUT SECTION TWO PASSING.
IS THAT CORRECT? LIKE UNTIL WE CHANGE THAT DESCRIPTION OF OUR COMPENSATION, I THINK YOU I DON'T NECESSARILY AGREE WITH THAT.
BUT OKAY, BECAUSE A FORMAL RESOLUTION OF THE COUNCIL IS NOT NEEDED FOR YOU TO ENFORCE WHAT THE LAW IS.
AND SO, OKAY, THE, THE COUNSEL RESTATING OR CLARIFYING ITS UNDERSTANDING OF WHAT ITS CHARTER IS WITH RELATION WITH THE CONSTITUTION DOESN'T CHANGE THE FACT THAT THESE PROVISIONS HAVE ALREADY EXISTED.
AND SO THE FACT THAT YOU VOTE THIS DOWN DOESN'T MEAN THAT YOU THINK IT'S REIMBURSEMENT OF EXPENSES.
IT JUST MEANS YOU DIDN'T CHOOSE TO AFFIRMATIVELY STATE THAT YOU THOUGHT THEY WERE DIFFERENT.
SO, ALL RIGHT, MAY I PUT, HEY WANNA WORD THIS
LET IT VOTE AS IT IS AND IF PEOPLE HAVE IT, ONE OF 'EM TO TRY TO SPLIT IT, IT COULD FAIL.
HOW ABOUT THAT? SO WE'RE BACK TO JUST THE MOTION I MADE AND SECOND OF MY COUNCIL MEMBER THORNTON APPROVING IT AS PRESENTED.
ANY DISCUSSION ON THAT MOTION? I THINK WE ARE NON-EXEMPT EMPLOYEES.
SO IF THERE WERE THREE BUCKETS, IF THERE WAS A SALARY BUCKET, AN HOURLY WAGE BUCKET AND A REIMBURSEMENT BUCKET, I WOULD MAYBE BUY THAT ARGUMENT.
BUT THE STATE PROVIDES TWO BUCKETS.
IT'S EITHER COMPENSATION, SALARY IS ONE DEFINITION OR IT'S REIMBURSEMENT AND THAT'S WHAT WE'VE GOTTA DEAL WITH.
SO EXEMPT AND NON-EXEMPT ARE ALSO TWO BUCKETS, BUT
[02:30:01]
WE'RE ALSO OF THE STATE I THINK WE'RE CLOSER TO.YEAH, THEY DON'T DEFINE EXEMPT AND NON-EXEMPT.
AND IF WE'RE GETTING A FLAT RATE, IT'S NOT AN HOURLY RATE CUZ WE COULD BE HERE 10 HOURS, WE COULD BE HERE 30 MINUTES.
SO THEREFORE THAT WOULD LEAD IT MORE ON THE EX UH, NON-EXEMPT SIDE, WOULDN'T YOU THINK VERSUS HOURLY EXEMPT IS HOURLY? WELL WHAT, WHATEVER WOULD I'M SAYING IT WOULD LEAD MORE TO NON HOURLY BECAUSE IT DOESN'T MATTER ABOUT THE HOURS YOU'RE HERE.
YOU GUYS ARE OVER MY HEAD WITH EXEMPT AND NON-EXEMPT.
I JUST KNOW I GET PAID SOME SORT OF COMPENSATION OR SALARY FOR COMING IN AND IF I DON'T SHOW UP THEN I DON'T GET PAID.
SO EXCEPT FOR SPECIAL MEETINGS NO.
AND WEEKEND MEETINGS AND UH, LIAISONS AND ALL THAT.
ALL RIGHT, ANY OTHER DISCUSSION ON THE MOTION? ALL RIGHT.
HEARING NONE PLEASE CALL THE VOTE TO CLARIFY.
THIS IS THE ORIGINAL MOTION MADE BY MAYOR SNYDER.
JUST APPROVE IS PRESENTED AS PRESENTED.
[12. EXECUTIVE SESSION]
TO THE EXECUTIVE ITEM 12 ONE.RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0 71 RELATED TO PENDING LEGAL REQUEST, POTENTIAL CLAIMS PENDING LITIGATION AND CITY COUNCIL LEGAL REQUEST.
RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0 71 RELATING TO HU ECONOMIC DEVELOPMENT PERSONNEL BECOMING EMPLOYEES OF THE HU COMMUNITY DEVELOPMENT CORPORATION.
AND ITEM 12 THREE DELIBERATE THE APPOINTMENT, EMPLOYMENT EVALUATION, REASSIGNMENT DUTIES, DISCIPLINE OR DISMISSAL.
THE FINANCE DIRECTOR PURSUANT TO TEXAS TACOMA CODE SECTION 5 5 1 0 7 4 PERSONNEL MATTERS.
BEFORE WE GO BACK THERE, I'D LIKE TO UH, MAKE A MOTION TO PULL ITEM 12 THREE OUT OF EXECUTIVE SESSION.
AND THE ONLY REASON I WAS BRING OUT IS I THINK IT IS AGAINST A CHARTER FOR US TO EVEN GO BACK THERE.
I DON'T KNOW WHO ASKED FOR IT TO BE ON THE AGENDA, BUT I THINK WE'RE VERY CLOSE TO VIOLATING SECTION 3 0 8.
IT'S REALLY NONE OF OUR BUSINESS, IN MY OPINION, WHAT YOU DO WITH YOUR EMPLOYEES UNLESS IT'S CRIMINAL OR IT COULD LEAD TO UH, A LEGAL SITUATION.
AND FOR WHAT I KNOW NEITHER OF THAT IS THE CASE.
SO I GUESS WE'LL STILL GO BACK THERE.
WHAT'S YOUR, CAN WE ASK ABOUT THAT CHRISTIAN? I MEAN I KNOW IF YOU ONE DISCUSS, WELL HOLD ON BEFORE WE DISCUSS.
I THINK WE HAVE TO HAVE A SECOND TO PULL IT OUT.
I THINK WE CAN GET AN OPINION FROM OUR ATTORNEY TO TELL US WHETHER WE CAN GO BACK THERE OR NOT.
SO WE CAN DISCUSS WHETHER I GO BACK THERE WHEN I'M MAKING A MOTION AND NOT COMING BACK THERE.
SO WHAT IS THE QUESTION,
CAN WE GO BACK THERE ON THIS ITEM? WELL YOU CAN GO BACK THERE.
OKAY, WELL THEN WHAT ARE WE DEBATING? YEAH, MY CONCERN IS WE SHOULDN'T BE GOING BACK THERE CUZ IT'S NONE OF OUR BUSINESS WHAT GOES ON WITH EMPLOYEES.
ALL RIGHT, SO TIME'S 9 38 UPSTAIRS OR DOWNSTAIRS.
LET'S JUST DO DOWNSTAIRS, GIVE A SHUT OFF.
WE'RE BACK FROM EXECUTIVE SESSION.
[13. ACTION RELATIVE TO EXECUTIVE SESSION]
OUTTA MONEY AGENDA IS 13 ONE CONSIDERATION POSSIBLE ACTION RELATED TO LEGAL ADVICE RECEIVED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0 71 RELATED TO PENDING LEGAL REQUEST, POTENTIAL POTENTIAL CLAIMS PENDING LITIGATION AND CITY COUNCIL LEGAL REQUESTS.TWO, CONSIDERATION POSSIBLE ACTION RELATED TO LEGAL ADVICE RECEIVED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0.0 71 RELATING TO ECONOMIC DEVELOPMENT PERSONNEL BECOMING EMPLOYEES OF THE HU COMMUNITY DEVELOPMENT CORPORATION.
ANYTHING THERE? HEARING NONE? WELL, I THOUGHT OH NO, AS, OH, I GUESS IF WE TAKE NO ACTION, IT JUST STAYS WHERE IT IS PERSONALLY, I THINK AT SOME POINT YOU GOTTA TAKE ACTION.
I THINK IT'D BE MORE CLEAR IF SOMEBODY WANTED TO.
NNA DID YOU HAVE SOMETHING YOLINDA? WELL, I'D LIKE TO MAKE A MOTION THAT WE LEAVE IT UNDER THE PURVIEW OF THE CITY AS IT'S CURRENTLY BUDGETED.
MOTION BY COUNCIL MEMBER CLARK SECOND BY COUNCIL MARK THORNTON.
LEAVE THE EDC EMPLOYEES WITH THE CITY.
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THINK THAT WE HAVE A PRETTY CLEAR COMMITMENT TO OPERATE IN A COLLABORATIVE FASHION BETWEEN CITY STAFF AND, AND THE EDC BOARD AND MAKE SURE THAT THE EDC BOARD'S CONCERNS ARE ALWAYS RAISED.UM, SO I THINK THAT IT, IT WILL FUNCTION BEST THIS WAY, ESPECIALLY WITH THE COMPLEXITIES THAT WE HAVE GOING FORWARD WITH ECONOMIC DEVELOPMENT AND INFRASTRUCTURE NEEDS AT THE CITY AND NUMEROUS OTHER THINGS.
UM, I THINK KEEPING IT THE WAY IT IS IS THE BEST COURSE.
ANY OTHER DISCUSSION? ALL RIGHT.
I'LL CALL THE ROLL CALL COUNCIL MEMBER KINZIE.
THE VOTE IS 7 4 7 WHAT? 7 0 7 FOR THE ITEM IN FAVOR.
NOW I'M, BRING OFF A PIECE OF PAPER
NOW BRING ASIDE I'M 13 THREE CONSIDERATION POSSIBLE ACTION RELATED TO THE APPOINTMENT, EMPLOYMENT EVALUATION, REASSIGNMENT DUTIES, DISCIPLINE OR DISMISSAL OF THE FINANCE DIRECTOR PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0 74 PERSONNEL MATTERS.
UM, TO FURTHER CLARIFY WHY I DIDN'T WANNA GO THE BACK AND, AND FOR THE PUBLIC, WE DID NOT TALK ABOUT THE EMPLOYEE.
UM, THE DISCUSSION QUICKLY WENT FROM, IT'S REALLY NONE OF OUR BUSINESS TO PUT IT BLUNTLY TO JUST WHAT THE, UM, UM, DISCIPLINARY PROCESS IS FOR THE CITY OF HUD.
AND SO FROM AN ACTION STANDPOINT OR UNDERSTANDING WHAT'S GOING ON, IT'S WITH THE CITY MANAGER.
AND FOR ME, I'M ALWAYS GOING TO PUSH THE ITEMS TO BE OUT IN THE PUBLIC ON THINGS LIKE THIS.
UM, ONE, SO IT IT ALLEVIATES ANY KIND OF, UM, HEARSAY OR, UH, CLAIMS OUT IN THE PUBLIC IN TERMS OF WHO'S PULLING WHAT LEVER, WHO'S DOING WHAT, AND THEN WE DON'T HAVE TO WORRY ABOUT RELEASING TAPES.
SO DOES ANYBODY ELSE HAVE ANYTHING TO ADD ON THAT ITEM? ALL RIGHT.
SO WITH THAT BEFORE WE GO, THERE IS AN ITEM I'D LIKE TO SEE GET ADDED TO AN AGENDA THAT CAME UP FROM A DISCUSSION WE HAD JUST BEFORE WE WENT IN THERE.
DISCUSSION AND POSSIBLE ACTION AND REQUESTING HER TO REQUEST AN OPINION FROM THE TEXAS ATTORNEY GENERAL ON WHETHER OR NOT A ACCOUNTS MEMBER MAY REFUSE A MILANT TO AVOID A VIOLATION OF ARTICLE 16, SUBSECTION 40 B OF THE TEXAS CONSTITUTION.
THAT WAS SOMETHING THAT, UM, DID NOT GET ADDRESSED PREVIOUSLY DUE TO THE FACT THAT THE EMPLOYMENT ENDED.
AND SO I STILL DON'T UNDERSTAND THE PROCESS, HOW WE GET TO WHO MAKES A DECISION, WHO DOESN'T.
AND SO, UM, LIKE TO HAVE A DISCUSSION ON THAT.
HAS THAT NOT ALREADY BEEN ANSWERED OR WE JUST NEED TO KNOW A DISCUSSION ON IT THAT HAS NOT BEEN ANSWERED? WELL, I GOT IT FOR THE ANSWER
I THINK, I THINK I'VE, I'VE EXPRESSED WHAT MY OPINION IS ON THE ISSUE, WHICH IS DUAL OFFICE HOLDING AN EMOLUMENT IS SEPARATE FROM COMPENSATION UNDER 40 B.
AND SO REFUSING AN EMOLUMENT DOESN'T CURE YOUR DUAL OFFICE HOLDING PROBLEM.
BUT THAT'S NOT AN ISSUE ON THE 40 B SECTION BECAUSE THE 40 B HOW IT'S WRITTEN IS YOU CAN, YOU CAN CONTINUE TO SERVE AS A COUNCIL MEMBER.
YOU JUST MAY NOT ACCEPT COMPENSATION.
AND SO IF IF NOT ACCEPTING COMPENSATION WERE NOT AN OPTION, THEN THAT LANGUAGE IS ENTIRELY SUPERFLUOUS AND UNNECESSARY.
UH, THAT'S WHY I ASKED FOR A DISCUSSION ON IT BECAUSE I DON'T KNOW HOW I, I DON'T KNOW HOW WE CAN ADDRESS THIS LONG TERM.
WE NEED TO HAVE SOME KIND OF ORDINANCE CHANGE, SOME KIND OF POLICY CHANGE CUZ I DON'T KNOW HOW SOME PEOPLE CAN AND CAN'T TAKE PAY.
AND THEN HOW THAT GETS DONE, DOES IT GO BACK TO THE BUDGET? THERE'S A LOT OF QUESTIONS THAT WE, I THINK WE NEED TO FIGURE OUT THE WAY WE HAVE THINGS WRITTEN.
YEAH, WELL I CAN CERTAINLY, WE CAN CERTAINLY BRING THAT BACK.
I THINK THE O THE ONLY, THE OTHER REASON WHY THIS IS, UH, AT LEAST IN MY VIEW, A NON-ISSUE IS BECAUSE HER POSITION WAS NOT AN OFFICE WITHIN THE CONTEXT OF DUAL OFFICE HOLDING.
SO IT'S NOT A PUBLIC OFFICE THAT WOULD TRIGGER A DUAL OFFICE REQUIREMENT.
AND SO WHETHER OR NOT SHE, YOU KNOW, YOU HAVE TO CLEAR THE FIRST STEP, WHICH IS YOU HAVE TO HAVE TWO OFFICES OF EMOLUMENT AND THEN YOU CAN WORRY ABOUT WHETHER OR NOT SHE CAN REFUSE AN EMOLUMENT IN ONE TO CURE THE DUAL OFFICE PROBLEM.
SO TO BE CLEAR, THERE'S, AND THAT'S WHAT MY MEMO FROM 10 29 IS, RIGHT? HER POSITION IS NOT AN OFFICE OF EMOLUMENT, SO WE DON'T EVEN HAVE TO GET TO, SHE, SHE HAS TO CURE SOMETHING BY REFUSING THE EMOLUMENT.
I'M NOT TALKING ABOUT, I MEAN I'M TALKING ABOUT IT IN GENERAL.
WE, WE HAD AT ONE POINT WE TRIED TO APPOINT A
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PERSON WITH AN I S D TO THE CITY COUNCIL THAT TAKES STATE MONEY.WE HAD ANOTHER PERSON WE TRIED TO POINT.
AND SO I THINK WE NEED TO UNDERSTAND HOW THE PROCESS WORKS.
AND I, I THINK NOW WHAT WE'RE DOING IS WE'RE GUESSING IN TERMS OF WHAT YOU CAN AND CAN'T DO AND HOW THAT HAPPENS.
AND SO I THINK AT SOME POINT SOMEONE NEEDS TO WEIGH IN AND GO, THIS IS HOW YOU DO IT.
IF YOU CAN'T, LIKE HERE'S THE FORM YOU FILL OUT THAT YOU GIVE TO PAYROLL OR WHATEVER, THAT YOU DON'T GET IT.
SO THAT LIKE AMBER'S NOT IN VIOLATION.
LIKE RIGHT NOW WE DON'T HAVE A, THERE'S NO PROCESS AND QUITE HONESTLY THERE'S NOTHING, NO AG HAS EVER SAID ANYTHING OTHER THAN ON A DUAL OFFICE.
YOU CAN'T REFUSE PAY TO CORRECT THE ISSUE.
BUT HOW DO WE, SOME PEOPLE SAY OUR CHARTER'S WRONG.
I DON'T THINK OUR CHARTER'S WRONG.
I THINK, I DON'T THINK THE CONSTITUTION'S WRONG.
I THINK THE CONSTITUTION BE WRONGS THE CHARTER.
I THINK IT'S PRETTY CLEAR IF WE WANNA DISCUSS THIS THAT'S FINE.
LET'S NOT THAT GET THIS KINDA WARMS ALL TO SAY THAT THE COUNCIL MEMBERS QUICK THING FOR ME JUST TO SAY AG, CAN YOU FIGURE THIS OUT AND TELL US WHAT TO DO? CUZ WE'RE IN CENTRAL TEXAS AND THIS IS GONNA BE A RECURRING ISSUE THAT COMES UP THAT THERE'S A, A NUMBER OF PEOPLE WHO ARE EMPLOYED.
SO WHAT, WHAT IS, WHAT IS THE, THE REQUEST IS, OH, ARE WE BRINGING BACK AN ITEM OR OH, SHE, YEAH, I SHOULD SAY KNOWLEDGE BECAUSE I GUESS THERE'S TWO ISSUES.
IF WE WANT TO ANSWER THE LEGAL QUESTION ABOUT REFUSING A ENT, THE CURE 40 B, THAT'S ONE THING.
BUT IF WE'RE THE COUNCIL MEMBER'S, UH, CLARK'S POINT, IF WE JUST WANT AN ADMINISTRATIVE PROCESS TO HOW DO WE HANDLE THESE THINGS WHEN WE COME UP, THE AGS NOT GONNA ANSWER THAT QUESTION.
I THINK THAT COMES AFTER WE FIND OUT FROM THE AG WHAT, WHAT STEPS YOU NEED TO TAKE IN TERMS OF, SO LET LET ME SEE IF I CAN CLARIFY THIS.
MAYOR, YOU CORRECT ME IF I'M WRONG.
THE, THE QUESTION YOU'RE TRYING TO ASK IS, OUR CHARTER SAYS IF YOU'RE ON THE COUNCIL, YOU SHALL RECEIVE PAY.
BUT THE TEXAS CONSTITUTION SAYS IF YOU HAVE, UM, IF YOU'RE CURRENTLY RECEIVING PAY FROM THE STATE, YOU CAN'T RECEIVE PAY FROM YOUR CITY COUNCIL THING.
AND SO THERE'S A CONFLICT THERE.
THE CONSTITUTION SAYS YOU CAN'T TAKE THE PAY, THE CHARTER SAYS YOU SHALL TAKE THE PAY AND YOU'RE CONCERNED WITH THAT CONFLICT.
CUZ I, I I DON'T THINK IT'S AS EASY AS TO SAY WE WANNA FIX IT IN MAY.
HOW DO WE FIX IT IN MAY OR NEXT NOVEMBER? I DON'T THINK WE NEED TO FIX IT AT ALL, EXCEPT FOR THE CONSTITUTION WILL ALWAYS OVERRIDE ANYTHING BELOW IT AND THE CHARTER IS BELOW THE CONSTITUTION.
SO THAT'S WHY I THINK WE WE'RE CERTAINLY WE'LL BRING BACK AN ITEM FROM THE AG SAYING THAT WE'RE ALMOST DEBATING WE BEFORE DON'T POSTED IT.
I BUT WHAT IS THE ITEM? JUST TO APPROVE REQUESTING THE COUNTY ATTORNEY TO SUBMIT SOMETHING.
WE DON'T HAVE TO JUST SIT HERE AND CORRECT.
CAUSE I DON'T HAVE AN IT COULD BE ON EVEN ON CONSENT.
WHERE IT COULD BE UNCON CONSENT, THEN WE COULD JUST SAY FINE.
I THINK HOW WE DID IT LAST TIME, IF WE GET DIRECTION TO PREPARE THE REQUEST FOR AN OPINION, WE'LL GET A VOTE AT THE NEXT MEETING AND THEN DOTTY OR WHOEVER WILL DRAFT THE REQUEST FOR AN OPINION AND WE SHARED THAT THE, THE, THE PRIOR ONE WITH YOU.
AND SO WE WILL DO THE SAME AND WE'LL SEND IT OFF TO THE COUNTY ATTORNEY'S OFFICE IF THAT'S THE DIRECTION THE COUNTY ATTORNEY COULD SAY, NAH, I, I'M NOT GONNA SEND THIS VERY, VERY EASY.
ANYTHING ELSE BEFORE WE ADJOURN? RIGHT, WE'LL ADJOURN AT 10 36.