* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] ALL RIGHT. IT'S SEVEN O'CLOCK. [1. CALL SESSION TO ORDER] WE'LL CALL THE CITY COUNCIL MEETING FOR A THURSDAY, NOVEMBER 3RD, 2022 TO ORDER. WE'LL START WITH ROLL CALL COUNCIL MEMBER SUTTON HERE. COUNCIL MEMBER THORNTON. HERE. COUNCIL MEMBER CLARK. HERE. MAYOR PRO. TIM GORDON. HERE. COUNCIL MEMBER KINZIE. HERE. COUNCIL MEMBER COLAR. HERE. MAYOR SNIS HERE NEXT, UH, YOU'LL RISE FOR INVOCATION WILL BE LED BY, UH, ELDER LUKE JOHNSON, OUR FATHER IN HEAVEN. WE ARE GRATEFUL FOR THIS DAY TODAY THAT WE ARE ALL ABLE TO COME TOGETHER AND TWO COUNCIL, AND WE ASK FOR A BLESSING TO BE UPON ALL THE MEMBERS OF THIS COUNCIL AND FOR ALL THOSE WHO ARE HERE ON AT IN ATTENDANCE. UH, WE'RE GRATEFUL FOR THE CITY OF HU AND THAT WE HAVE THE ABILITY TO LIVE IN A PLACE WHERE WE CAN COME AND COUNSEL TOGETHER. WE ASK THAT, UH, THE LEADERS HERE TODAY WILL BE ABLE TO BE GUIDED IN THEIR DECISIONS AND THAT THEY'LL BE ABLE TO MAKE THE DECISIONS THAT WILL BEST, UH, BE THE BEST FOR THE CITY OF HATO. UH, WE LOVE THE HEAVENLY FATHER AND WE SAY THESE THINGS. THE NAME OF I SON JESUS CHRIST. AMEN. SO PLEASE JOIN ME IN THE PLEDGE. PLEDGE OF WHICH ONE? IN TER, THE TEXAS FLAG PLEDGE PLEDGE. ALLEG TO SEE TEXAS. ONE OTHER ONE. ONE IN IN. [5.1. Arbor Day Proclamation] ALL RIGHT. NEXT COUPLE PROCLAMATIONS. I DON'T SEE THE NOVEMBER. YEAH, I DON'T EITHER. CAUSE I JUST WENT TO THE FULL. YEAH. EVERY, EVERYBODY HERE. HMM. . THAT'S EVERY HERE. EVERYBODY'S BE HERE. I'M GONNA LET YOU, WERE HERE A DAY. OH, IS THIS IT? OH, OKAY. SO THE AD DAY PROCLAMATION, WHEREAS IN 1872, JAY STERLING MORTON PROPOSED TO THE NEBRASKA BOARD OF AGRICULTURE THAT A SPECIAL DAY BE SET ASIDE FOR THE PLANTING OF TREES. AND WHEREAS ARBOR DAY IS NOW OBSERVED THROUGHOUT THE NATION AND THE WORLD, AND WHEREAS TREES CAN REDUCE THE EROSION OF OUR PRECIOUS TOP SOIL BY WIND AND WATER, LOWER OUR HEATING AND COOLING COSTS, MODERATE THE TEMPERATURE, CLEAN THE AIR, PRODUCE OXYGEN, AND PROVIDE HABITAT FOR WILDLIFE. AND WHEREAS TREES ARE RENEWABLES RESOURCE GIVING US PAPER WOOD FOR OUR HOMES, FUEL FOR OUR FIRES, AND COUNTLESS OTHER WOOD PRODUCTS. AND WHEREAS TREES IN OUR CITY, INCREASED PROPERTY VALUES ENHANCE THE ECONOMIC VITALITY OF BUSINESS AREAS, BEAUTIFY OUR COMMUNITY. AND WHEREAS TREES, WHEREVER THEY'RE PLANTED, ARE A SOURCE OF JOY IN SPIRITUAL RENEWAL. SO NOW, THEREFORE, I'M MIKE SNYDER, THE MAYOR OF THE CITY OF HU, ALONG WITH THE HU CITY COUNCIL TO HEREBY PROCLAIM NOVEMBER 3RD, ARBOR DAY IN HUO. . I GUESS SOMETHING TO TELL US ABOUT AOR DAY. YES. THANK YOU MAYOR AND COUNCIL. UH, JEFF WHITE PARK SUPERINTENDENT. I ALSO HAVE PERRY SARD AND SHARON DYER, WHO ARE PARKS BOARD MEMBERS. JUST WANNA REMIND THE COMMUNITY THAT THE PARKS RECREATION DEPARTMENT IS HOSTING OUR ANNUAL ARBOR DAY CELEBRATION THIS SATURDAY AT CREEKSIDE PARK. BEGINNING AT 9:00 AM UH, WE NEED YOUR HELP IN PLANTING, NO DIGGING, JUST PLANTING 80 TREES ALONG THE COTTONWOOD TRAIL. UH, TEXAS A M FORESTRY TEAM WILL BE OUT THERE TO ANSWER ANY TREE RELATED QUESTIONS YOU HAVE, OR PROVIDE SOME INSIGHTS IN EXCHANGE FOR YOUR HELP. UH, WE WILL HAVE LIMITED TREES AVAILABLE, ONE PER FAMILY. UH, BUT YOU MUST ATTEND THE ARBOR DAY CELEBRATION AND PRE-REGISTER. SO YOU COME OUT, YOU PLANT A TREE, YOU GET A TREE. SO IT'S A GREAT EVENT THIS SATURDAY AT, UH, CREEKSIDE PARK. THE TREES WENT FAST LAST YEAR, IF I REMEMBER CORRECTLY. IT WENT FAST. IT WENT FAST. NOPE. HE SAID IT ALL. HE SAID IT ALL. ALRIGHT, WELL, THANKS. PICTURE, THINK YOU'RE PRETTY. I'M NOT. 1, 2, 3 . THANK YOU. WITH THAT, JUST COPY. [5.2. Shop Small Saturday Proclamation] THANK'S. DID HAVE A PLAN TO GUESS I DON'T SEE IN THE AUDIENCE. [00:05:02] OKAY. AND OUR STAFF REPRESENTATIVE TRI THAT IS AT A CONFERENCE RIGHT NOW. OKAY. I'LL WING IT. ALL RIGHT. WHEREAS AMERICA'S, OH, LOOK, SHE'LL LOOK BETTER HAVING ME UP HERE. , OR I'LL LOOK BETTER HAVING HER UP HERE. THAT'S WHAT I WAS TRYING TO SAY. OH, HERE HE IS. OH, THERE WE GO. IT'S UP TO YOU. DO YOU WANT ALL THE SHOP OWNERS UP THERE? IF THEY'RE HERE, ARE THERE OTHER SHOP OWNERS HERE? OTHERS EL YEAH. EL CHANNEY. NO, YOU CAN STAY UP HERE. YOU YOU'RE PART OF THE EDC PART OF, BUT BUSINESS RETENTION, I MISS MORE. IT'S NOT TOO MANY PEOPLE ARE TALLER THAN ME. . ALL RIGHT. SO, WHEREAS AMERICA'S PROGRESS, PROGRESS HAS BEEN DRIVEN BY PIONEERS WHO THINK BIG, TAKE RISKS AND WORK. AND WHEREAS FROM THE STOREFRONT SHOPS AT ANCHOR OLD TOWN TO THE HIGH TECH AND INDUSTRIAL STARTUPS THAT KEEP AMERICA ON THE CUTTING EDGE, SMALL BUSINESSES ARE THE BACKBONE OF OUR ECONOMY AND THE CORNERSTONES OF OUR NATION'S PROMISE. AND WHEREAS SMALL BUSINESS OWNERS HAVE ENERGY AND PASSION FOR WHAT THEY DO, AND WHEREAS WHEN WE SUPPORT SMALL BUSINESS, JOBS ARE CREATED AND LOCAL COMMUNITIES PRESERVE THEIR UNIQUE CULTURE. AND WHEREAS BECAUSE THIS COUNTRY'S 28 MILLION SMALL BUSINESSES CREATE NEARLY TWO OUT OF THREE JOBS IN OUR ECONOMY, WE CANNOT RESOLVE OURSELVES TO CREATE JOBS AND SPUR ECONOMIC GROWTH IN AMERICA WITHOUT DISCUSSING WAYS TO SUPPORT OUR ENTREPRENEURS. AND WHEREAS THE CITY OF HUDDLE SUPPORTS AND JOINS IN THIS NATIONAL EFFORT TO HELP AMERICA'S SMALL BUSINESSES DO WHAT THEY DO BEST, CREATE JOBS, AND ENSURE THAT OUR COMMUNITIES REMAIN AS VIBRANT TOMORROW AS THEY ARE TODAY. SO NOW, THEREFORE, I'M MIKE SNYDER, THE MAYOR OF THE CITY OF HU, ALONG WITH THE HU CITY COUNCIL. DO HEREBY PROCLAIM NOVEMBER 26TH AS NATIONAL, UH, SHOP SMALL SATURDAY IN HUDDLE. I BELIEVE WE'LL PROBABLY HEAR MORE IN CITY MANAGER COMMENTS, UM, THE PLANS FOR THAT WEEK. IS THAT RIGHT? UH, I'M CHECKING MY COMMENTS AS WE SPEAK. ALL RIGHT. YOU GUYS WANNA SAY YES, WE'RE, NO. I JUST, I WANT TO THANK THE COMMUNITY AND THE CITY FOR SHOPS MALL AND REALLY HOPE EVERYONE COMES OUT AND SHOPS LOCAL. THANK YOU. YES, SIR. THANK YOU. WHERE ? IT'S THANKS, Y'ALL. OKAY. LL I KNOW. ME TOO. [6. CITY MANAGER COMMENTS] ALL RIGHT. NEXT, THAT TAKES US TO CITY MANAGER COMMENTS. THANK YOU. MAYOR COUNCILS CITIZENS A HUDDLE FOR THE RECORD. JAMES. I, CITY MANAGER. UM, FIRST I WANNA RECAP THE, THE GREAT HALLOWEEN EVENT THAT WE HAD. SO THERE WAS WELL OVER 2000 PEOPLE THAT ATTENDED THE FRIGHT NIGHTS AT FRITZ PARK FOR FRIGHTS AT FRITZ, AS IT WAS IN, UH, SHORT, UH, REALLY GOOD TURNOUT. I SAW LOTS OF REALLY GREAT PHOTOS AND PHOTOS FROM THE EVENT AND ALL THE OTHER ACTIVITIES THAT HAPPEN ON HALLOWEEN OR UP ON THE FACEBOOK PAGE FOR PEOPLE TO BE ABLE TO SEE. BUT I THINK THE THING THAT I'M REALLY MOST PROUD OF IS THAT WE HAD OVER 60 HOMES THAT PARTICIPATED IN THE DECORATING CONTEST, THE FIRST ANNUAL HU HALLOWEEN HOUSE DECORATING CONTEST. UH, BUT ALL THE BUZZ AND TALK SEEMED, SEEMED TO BE ABOUT THIS ONE. UH, THIS ONE, UH, STREET, THIS THE 900 BLOCK OF BETH PAGE DRIVE, UH, WHO HAD A LOT OF, UH, SYNCHRONIZED AND MECHANICAL AND ANIMATED, UH, THINGS TO, TO STARTLE THE CHILDREN, UH, IN, IN A VERY GOOD WAY. I, I, I LIVE VERY CLOSE TO THE HAUNTED HOUSE AND GOT TO SEE THE HAUNTED HOUSE OVER IN THE PARK AT BRUSHY CREEK. SO THAT WAS REALLY NEAT, JUST SEEING EVERYBODY PARTICIPATE. AND I EVEN GAVE A SHOUT OUT TO OUR GIS TECHNICIAN BECAUSE HE MADE A MAP OF ALL THE ADDRESSES, AND THEY WERE, THEY WERE, THEY WERE JACK LANEER AND LITTLE ICONS ON THE MAP. I JUST, MAN, THAT'S JUST LIKE THE LITTLE TOUCHES THAT MAKE, MAKE IT BETTER, RIGHT? IT'S JUST, EVERYTHING'S GREAT. SO, UH, WELL, OUR, UH, HUDDLE HIPPOS ARE, UH, ENGAGING IN A FOOTBALL GAME ACROSS THE STREET. SO THEY, THEY MOVE THE GAME TO TONIGHT, WHICH IS THEIR LAST HOME GAME, OR, YEAH, IT'S THEIR LAST FOOTBALL GAME OF THE SEASON, I GUESS. [00:10:01] SO IT'S, UH, IT'S AGAINST FLUGER WEIS OVER AT THE STADIUM RIGHT NOW, I GUESS KICKOFF AT SEVEN 30. SO THEY'RE PROBABLY DOING ALL THE PRE-GAME SHOW RIGHT NOW. UM, THAT'S WHY WE HAD THE HIPPO FLAGS OUT FRONT. HIPPO NATION FLAGS OUT FRONT OF CITY HALL. WE'RE VERY MUCH IN SPIRIT AND WE REALLY WANNA WISH, UH, THEM THE BEST FINISH TO THE SEASON. LATER THIS MONTH, WE HAVE, UH, BLOOD DONATIONS, UH, COMING TO TOWN. SO AS Y'ALL WELL KNOW, THERE'S, THERE'S USUALLY KIND OF TIMES WHERE BLOOD DONATIONS, YOU KNOW, KIND OF GO UP AND DOWN THIS ONE OF THOSE TIMES. WHENEVER THE BLOOD DONATIONS GO DOWN, YOU KNOW, FOLKS START TO GET BUSY FOR THE HOLIDAYS. THEY DON'T CONTINUE TO COMMIT TO GO THE ONES WHO ARE RECURRING. MY WIFE IS ONE OF THOSE PEOPLE WHO JUST GAVE, SO, SHE LITERALLY JUST GAVE, AND SHE CAN'T GIVE FOR ANOTHER 56 DAYS. SOME, SOME NUMBER OF LIKE THAT. SO, SO THIS IS AN OPPORTUNITY WHERE WE'RE PARTNERING WITH KVU TV, UH, FOR A BLOOD DRIVE. THEY'RE GONNA BE HERE FILMING AT 6:00 AM IN THE MORNING. UH, AND THE BLOOD DRIVE'S GONNA BE UP AND GOING. SO WE'RE TRYING TO ENCOURAGE PEOPLE TO SIGN UP FOR THAT TIME SLOT SO YOU CAN BE ON TV. SO IF YOU WANNA BE FAMOUS, UH, COME GIVE BLOOD AT 6:00 AM IF YOU DON'T WANT TO BE FAMOUS, COME GIVE BLOOD AT 6:00 AM UH, CUZ IT'S DARK AND NOBODY WILL BE ABLE TO SEE YOU ANYWAY, SO IT KIND OF WORKS OUT. UM, BUT THE HU HAS HEART IS A, IS A PARTNERSHIP THAT WE'RE REALLY EXCITED WITH, WITH KV TV. AND WE ARE BLOOD AND THEY'RE GONNA BE BROADCASTING LIVE FROM HERE AT, AT HUO CITY HALL. SO IF YOU HAVE AN OPPORTUNITY TO COME PAY IT FORWARD, PLEASE DO SO. UH, YOU CAN, YOU CAN DEFINITELY DO APPOINTMENTS, BUT WALK-INS ARE GONNA BE WELCOMED THAT DAY AND YOU CAN GO TO OUR WEBSITE AND SIGN UP IF THAT'S, UH, CONVENIENT FOR YOU. I WANTED TO ANNOUNCE THAT, UH, SOME OF THE, SOME OF THE, UM, DIRECTIVES I FEEL LIKE THAT WERE GIVEN TO ME, UH, HAVE RESULTED IN, IN ME SPINNING UP SOME THINGS WITH STAFF THAT, UH, HAVE NEVER REALLY HAPPENED BEFORE. SO THE WEEK OF NOVEMBER 16TH, WELL, ON NOVEMBER 16TH, SO THE WEEK BEFORE THANKSGIVING, UH, THE STAFF'S GONNA HAVE THEIR FIRST THANKSGIVING LUNCHEON. SO WE'RE GONNA GET TOGETHER, WE'RE GONNA BE AT, UH, AT U CHECK. AND, UH, THEY'VE GRACIOUSLY ALLOWED US TO USE THEIR THIRD FLOOR CULINARY AREA FOR US TO HAVE A, A THANKSGIVING LUNCHEON FOR STAFF. BUT BECAUSE THAT IT'S A THANKSGIVING LUNCHEON, WE'RE, THAT WILL REQUIRE US TO CLOSE CITY FACILITIES FOR A SHORT PERIOD OF TIME WHILE THE STAFF'S ABLE TO ALL GATHER TOGETHER TO BE IN THE SAME PLACE AND EAT TOGETHER AND BREAK BREAD TOGETHER. SO I'M GONNA, I'M GONNA TEMPORARILY CLOSE, UH, THE FACILITIES UNLESS I, UH, AM GIVEN DIRECTION OTHERWISE, UH, FOR US TO BE ABLE TO DO THAT. UH, BUT WE'LL BE NOTIFYING THE COMMUNITY THROUGH MEDIA CHANNELS AND POSTING ON THE DOORS AND MAKING SURE THAT EVERYONE THAT MIGHT SHOW UP THAT OTHERWISE MIGHT NOT BE PLUGGED IN TO KNOW, UH, THAT WE'D BE CLOSED, KNOW THAT WE'LL BE BACK AND IN OUR SEATS AND, UH, IN OUR POSITIONS TO SERVE THE PUBLIC NO LATER THAN ONE 15 ON NOVEMBER 16TH. THEN TO THE SHOP SMALL ITEM THAT IS ACTUALLY DEDICATED TO SATURDAY NOVEMBER 26TH. SO, UH, HISTORIC DOWNTOWN HUDDLE WILL BE HOSTING SHOP SMALL SATURDAY THAT GOES FROM 11 TO 3:00 PM AND THEN RIGHT AFTER THAT, THAT WILL LEAD US UP INTO THE TREE LIGHTING, WHICH WILL BE GOING FROM FOUR TO 8:00 PM SO A REALLY GOOD OPPORTUNITY TO COME OUT AND SPEND SOME TIME WITH YOUR FAMILY AND, UH, START TO GET INTO THE CHRISTMAS SPIRIT. UH, THESE EVENTS ARE EXACTLY THE TYPE OF TRADITIONS THAT REALLY SHOWCASE HUDDLE VALUES AND IN OUR COMMUNITY. AND IT'S THE, IT'S THE EVENTS THAT WE ALL NEED TO, TO COME OUT AND SUPPORT, UH, REGARDLESS OF WHETHER WE'RE WE'RE, UH, HUMBUGS AND, UH, GRINS OR WHETHER WE EMBRACE THE, THE HOLIDAY SPIRIT, YOU KNOW, COME OUT AND, AND BE A PART OF THAT. THAT BRINGS ME TO ANOTHER SECTION OF SOMETHING THAT I FEEL IS IMPORTANT, UH, TO START IN THE CITY MANAGER COMMENTS. AND, UH, THAT IS INTRODUCING TO THE COUNCIL AND TO THE PUBLIC, THE NEW STAFF THAT HAVE BEEN JOINING, UH, CITY HALL OR CITY STAFF OR, UH, THE POLICE DEPARTMENT OR ANYWHERE ELSE. AND ALSO, UH, NOTING THE, UH, PROMOTIONS THAT ARE OCCURRING. UH, SO, SO EVERYONE, WE HAVE AN OPPORTUNITY TO WELCOME THE NEW PEOPLE TO OUR TEAM, UH, BECAUSE THEY REALLY ARE A TEAM AND THEY'RE HERE AND DEDICATED TO SERVE YOU ALL. UH, SO I'D REALLY LIKE FOR YOU TO BE ABLE TO PUT EVERYBODY'S FACES TOGETHER. I'M GONNA START WITH, UH, OUR, OUR CHRISTIAN, AS EVERYONE KNOWS, HAS LEFT US AND GONE TO THE, TO THE, UH, HORRIBLE CITY OF AUSTIN. UM, AND, UH, I'M NOT POLITICAL, I'M JUST, YOU KNOW, I'M FACTUAL. SO, UM, BUT CHRISTIAN HAS LEFT, BUT THAT HAS, UH, OPENED UP THE OPPORTUNITY FOR BEN WHITEHEAD. UH, HE'LL BE SERVING AS ASSISTANT CITY ATTORNEY, UH, WITH DOR WITH DOROTHY. DOROTHY. DON'T DO THAT TO ME. DOTTY PALUMBO, UH, WHO IS OUR CITY ATTORNEY. UH, BEN, I WILL SAY IMMEDIATELY STEPPED IN, UH, IN CHRISTIAN'S ABSENCE AND, AND HAS, I'VE BEEN SEEING A FLURRY OF WORK FLYING AROUND. SO, UM, I'M VERY EXCITED ABOUT THAT. BUT BEN GRADUATED WITH HONORS FROM THE UNIVERSITY OF TEXAS LAW SCHOOL, A SCHOOL OF LAW, SORRY. HE'S AN ATTORNEY WITH BCAS LAW FIRM WHERE HE [00:15:01] PREVIOUSLY SERVED AS A LAW CLERK. HE'S ALSO CLERKED WITH THE CITY OF AUSTIN LAW DEPARTMENT, THE TRAVIS COUNTY ATTORNEY'S OFFICE, AND THE TEXAS ASSOCIATION OF SCHOOL BOARD. SO, WELCOME . AND NOW I'D LIKE TO O I'D LIKE TO INVITE UP TO THE FRONT OF KATE MORIARTY, CHARLOTTE GONZALEZ, AND CHANNEY GABO. AND THEN, UH, ALSO GONNA BE FILLING IN FOR OUR CADETS THAT WE'LL BE ALSO RECOGNIZING FOR, UH, BEING ONBOARDED IS GONNA BE POLICE CHIEF JEFF YARBOROUGH. SO FIRST, IT'S, UH, I'M PROUD TO ANNOUNCE, UH, A PROMOTION. MANY OF YOU KNOW THE AMAZING KATE AS THE PERSON WHO TAKES CARE OF ME. UM, I HAVE HAD TO, I'VE HAD TO RELINQUISH CONTROL OF HER OVER TO HER OWN DESTINY. SO, UH, SHE, UH, IS GOING TO BE PROMOTED TO MANAGEMENT ANALYST. UH, BUT A LITTLE BIT, A BACKGROUND THAT MANY FOLKS MAY NOT KNOW ABOUT KATE IS SHE PREVIOUSLY SERVED AS STAFF ASSISTANT FOR US SENATOR CORN. UM, AND SHE'S NEARING COMPLETION OF HER MASTER'S DEGREE IN PUBLIC ADMINISTRATION. SHE STARTED WITH THE CITY THIS JUNE, SO SHE HASN'T BEEN HERE VERY LONG AS AN EXECUTIVE MANAGEMENT ASSISTANT TO THE CITY MANAGER, BUT SHE'S REALLY QUICKLY SHOWED HER CAPABILITY AND HER CAPACITY FOR MORE STRATEGIC WORK. SO IN THE NEW ROLE OF MANAGEMENT ANALYST, KATE'S GONNA BE JOINING PART OF WHAT I'M CALLING THE A TWO TEAM. UM, I'M GONNA HAVE T-SHIRTS MADE WITH THE A TEAM ON IT AND JUST PUT LIKE TWO IN IT. IT'LL BE REALLY COOL. UH, BUT IT'S GONNA BE THE ASSISTANT TO THE CITY MANAGER, THE MANAGEMENT ANALYST, AND THE BUDGET ANALYST. AND THAT TRIO IS GONNA BE FOCUSED ON HELPING SERVE AS STAFF AUGMENTATION, TRACKING AND ENHANCING STAFF EFFICIENCIES, PRODUCTIVITY, AND OVERALL PERFORMANCE. SO THANK CONGRATULATIONS ON YOUR PROMOTION, KATE. NEXT WE HAVE CHARLOTTE GONZALEZ, WHO STARTED WITH US THIS SUMMER IN A TEMPORARY ASSIGNMENT. UH, SHE'S TRULY EXCELLED. THE STORY THAT I HEARD WAS, IS THAT SHE WAS UP HERE JUST HANGING OUT. SHE'S LIKE, Y'ALL GOT A JOB FOR ME. UM, AND THEY, THEY DID, THEY REALLY NEEDED SOME HELP, UH, IN HR. UH, AND SHE IMMEDIATELY STARTED, UH, HELPING OUT AROUND HERE. AND, UH, ALSO THE CITY SECRETARY'S OFFICE. SO WHENEVER THE HR JOURNALIST POSITION WAS APPROVED BY COUNCIL AND, AND THE BUDGET, AND WE WENT OUT AND DID A COMPETITIVE RECRUITMENT AND INTERVIEWING PROCESS, UM, CHARLOTTE, UH, REALLY EXCELLED AND WAS, WAS CHOSEN TO TAKE THAT POSITION. SO SHE'S GONNA BE SERVING AS OUR NEW HR GENERALIST. AND HER BACKGROUND IS IN PROPERTY MANAGEMENT. UH, AND ALSO SHE SERVED AS AN ENFORCEMENT OFFICER FOR THE TEXAS COMPTROLLER'S OFFICE. SO SHE'S A, SHE'S ALSO A PROUD RESIDENT OF HUO. SO WE'RE HAPPY TO HAVE YOU, YOU ON THE TEAM. AND BENEFITS ARE NICE, RIGHT? RIGHT. YES, YES, THEY ARE. YES. OKAY. AND THEN, UH, NEXT IS, UH, MS. CHENEY GABO. SHE'S FILLING THE, THE NEW POSITION THAT COUNCIL AUTHORIZED, UH, AS ASSISTANT DIRECTOR OF ECONOMIC DEVELOPMENT. SHE'S GONNA BE WORKING CLOSELY WITH OUR DIRECTOR BOB FARLEY AND ALSO OUR OWN CHRISTIE BARNES. UH, CHENEY'S GONNA BE FOCUSING ON RETAINING AND EXPANDING HU BUSINESSES, ALONG WITH SUPPORTING HU EDCS MARKETING AND COMMUNICATIONS. SHE HOLDS A BACHELOR'S DEGREE IN MARKETING AND MANAGEMENT AND A MASTER'S DEGREE IN BUSINESS ADMINISTRATION. UH, HER PROFESSIONAL EXPERIENCE INCLUDES SEVERAL YEARS WITH THE UNIVERSITY OF PHOENIX, MOST RECENTLY LEADING COMMUNITY RELATIONS IN THIS REGION. UH, ALSO A HUDDLE RESIDENT CHENEY HAS BEEN VERY INVOLVED IN THE HUDDLE COMMUNITY, ACTIVELY VOLUNTEERING WITH SEVERAL GROUPS, INCLUDING THE HUDDLE EDC BOARD. SO WE'RE VERY HAPPY TO HAVE YOU JOIN THE TEAM OFFICIALLY. AND THEN LASTLY, I WANT TO ACKNOWLEDGE OUR FOUR NEW POLICE CADETS. IF YOU CAN FLIP THE SLIDE FOR ME, THERE WE ARE. SO WE WERE ABLE TO, UH, GET THROUGH THIS, UH, RECRUITING POLICE OFFICERS, EVEN CADETS THAT NEED TO GO TO THE ACADEMY IS A VERY LENGTHY AND INVOLVED PROCESS THAT TAKES A LOT OF CARE. CAUSE WE WANNA MAKE SURE THAT WE'RE PUTTING THE RIGHT PEOPLE, UH, THROUGH THIS TYPE OF TRAINING AND, AND BRINGING THEM INTO THE TEAM. BUT, BUT PEOPLE WHO ARE TRULY, UH, YOU KNOW, SERVANT LEADERS AND, UH, INTEND TO SERVE THE COMMUNITY WITH THE RIGHT HEART. SO, UH, UNFORTUNATELY THEY CAN'T BE HERE BECAUSE THEY'RE IN THE ACADEMY, AND THE ACADEMY IS BASICALLY LIKE AN ALL DAY, UH, SCHOOL AND THEY'RE EXHAUSTED. THEY MIGHT EVEN BE IN CLASS RIGHT NOW AND THEY'RE EXHAUSTED. AND THEN, YOU KNOW, IT'S KIND OF LIKE GOING TO LAW SCHOOL. UM, BUT, UH, BUT WITH GUNS. SO, UM, SO WE'RE VERY PROUD TO HAVE THEM. AND THEY ARE, UM, CONNOR BLARE, UH, ALEXIA CASANOVA, MAKO ARCHER, AND JORAN GONZALEZ. SO CHIEF OF, YOU'LL PASS ALONG OUR CONGRATULATIONS AND WELCOME TO THEM, TO THE TEAM, [00:20:02] JUST FOR THE PUBLIC'S BENEFIT. UM, THESE FOLKS ARE COMING TO US WITH A VARIETY OF BACKGROUNDS, SOME OF THEM FROM THE MILITARY. UH, AND THEN THE CADET PROGRAM REALLY LAUNCHED EARLIER THIS YEAR. UH, WE HAD OVER 30 APPLICANTS, AND THEN THEY HAD TO COMPETE THROUGH, UH, PHYSICAL, ORAL, AND WRITTEN TESTING IN ORDER TO GET SELECTED. THE TOP CANDIDATES, THEN PROBABLY THEN, NOT PROBABLY THE CANDIDATES, THEN MOVE INTO, UH, BACKGROUND SCREENING. AND, UH, THEY HAVE TO GO THROUGH, UH, QUITE A BIT OF RIGOROUS BACKGROUND CHECKS. AND THEN FINALLY THEY ENTER INTO A SEVEN MONTH LONG POLICE ACADEMY PROGRAM WHERE THEY'RE THERE FULL-TIME, UH, MONDAY THROUGH FRIDAY DOING THE ACADEMY. SO IT'S VERY RIGOROUS. BUT UPON COMPLETION OF THE ACADEMY, THEN THEY'LL BE ABLE TO TAKE THEIR STATE TESTS AND BE, BE ABLE TO COME COMMISSIONED. AND WHENEVER THAT HAPPENS, WE'LL BE ABLE TO HAVE THEM BACK HERE AND CELEBRATE THEIR PINNING, UH, THEIR PINNING CEREMONY WHERE THEY ARE ABLE TO ACTUALLY GET THEIR BADGE. UH, BUT EVEN AFTER THAT, THEN THEY'VE GOTTA GO THROUGH FTO AND QUITE A BIT OF OTHER TRAINING BEFORE THEY'RE EVEN ON THEIR OWN AS A POLICE OFFICER. SO NOWADAYS, YOU'RE LOOKING AT 18 TO 24 MONTHS BEFORE YOU GET A HIRED OFFICER THROUGH ACADEMY, THROUGH FTO AND ON THEIR OWN. SO WHENEVER WE HEAR THESE CHALLENGES OF BEING ABLE TO FILL POLICE VACANCIES, IT'S GENERALLY BECAUSE OF THE, THE LONG, UH, TIME THAT IT GOES INTO IT. AND THEN OF COURSE, YOU KNOW, PEOPLE REALLY HAVE TO BE CALLED TO THIS BUS, YOU KNOW, BE CALLED TO THIS TYPE OF OF SERVICE. SO THANK Y'ALL VERY MUCH. CONGRATULATIONS. I WOULD LOVE TO TAKE THE CITY MANAGER'S PHOTO WITH ALL OF YOU AND THE COUNCIL. IF THE COUNCIL COULD GATHER IN THE MIDDLE AND STAND BEHIND THE DAS. THIS FEELS WEIRD. SHE SENT AN EMAIL ONE, TWO, SO WE'LL DO THAT ONCE A MONTH OR EVERY MONTH, UH, AND CATCH UP WITH THE FOLKS THAT WE ONBOARDED THE PREVIOUS MONTH FOR Y'ALL. THAT BRINGS ME TO THE CONCLUSION OF MY CITY MANAGER COMMENTS. THANK YOU. THANK YOU. THANKS SIR. RIGHT, THAT BRINGS US TO CITY COUNCIL COMMENTS SEVEN, ONE GENERAL COMMENTS FROM THE CITY COUNCIL. [7. CITY COUNCIL COMMENTS] ANY COMMENTS FROM COUNCIL? UM, YEAH, THE, UH, SCHOOL BOARD, UH, LONG RANGE FACILITIES PLANNING COMMITTEE HAS NOW COMPLETED ITS WORK. OH WAIT, THE LAST COUPLE OF MEETINGS. LAST MEETING WAS LAST NIGHT. UM, THE FINAL VOTE WAS RECOMMENDING $482 MILLION OF BOND PROJECTS TO THE SCHOOL BOARD. AND SO THAT WILL BE TAKEN TO THE SCHOOL BOARD. IT'LL BE PRESENTED TO THEM DECEMBER 8TH AT 7:00 PM SO THE PUBLIC MAY WANT TO WATCH OR BE PRESENT AT THAT MEETING TO SEE THE PRESENTATION. UM, THEN JANUARY 12TH, UH, AT THE SCHOOL BOARD MEETING AT 7:00 PM THE SCHOOL BOARD WILL HAVE A WORK SESSION TO DISCUSS, UM, THE PROPOSAL. UH, AND THEN JANUARY 26TH IS WHEN THEY NEED TO TAKE A VOTE ON WHAT THEY WANNA PUT FORWARD ONTO THE BALLOT FOR MAY. AND SO THAT'S THE PLAN IS THEY'RE PLANNING TO HAVE A BOND ELECTION NEXT MAY. THEY'RE STARTING FROM A RECOMMENDATION OF $482 MILLION AND THEY WILL ADD AND SUBTRACT AS THEY SEE FIT, AND THEN VOTE FOR WHAT TO PUT ON THE BALLOT AT THE END OF JANUARY. SO KEEP THOSE DATES IN MIND. DECEMBER 8TH, JANUARY 12TH, JANUARY 26TH, AND, UH, GET IN TOUCH WITH YOUR SCHOOL BOARD MEMBERS, TALK TO THEM ABOUT WHAT YOUR PRIORITIES ARE, LOOK AT WHAT'S IN THE PACKAGE AND ASK QUESTIONS AND PARTICIPATE IN THE PROCESS. RIGHT. THANKS SIR. ANY OTHER COMMENTS FROM CITY COUNCIL? UM, I HAD A FEW, UM, MOST OF YOU PROBABLY KNOW GET OUT AND VOTE. VOTE THROUGH NOVEMBER 4TH. UM, DAY OF IS THE EIGHTH. UM, SO EARLY VOTING IS GOING ON. IT'S BEHIND, UM, IT'S IN THE ANNEX BEHIND LOWE'S. UM, MADELINE PLACE IS DOING THEIR FUNDRAISER, CIGARS AND SPIRITS NOVEMBER 19TH FROM FIVE TO 9:00 PM UM, AND THE HUTA WOMEN'S ALLIANCE IS DOING THEIR ANNUAL FRIENDSGIVING. IT'S GONNA BE AT JULIO'S ON NOVEMBER 15TH FROM FIVE TO SEVEN. UM, JUST SO YOU GUYS ALL ARE AWARE OF SOME OF THOSE COMMUNITY EVENTS, I KNOW WE'RE GETTING READY TO GO INTO THE HOLIDAY SEASON AND, UM, I KNOW HU HAS A GIVING HEART. UM, SO THESE ARE REALLY, UM, GREAT ORGANIZATIONS THAT ARE LOCAL AND SUPPORT HU UM, SO I JUST WANTED TO PUT THE WORD OUT ABOUT THOSE. AND THAT'S ALL I HAVE. ALL RIGHT, THANK YOU. ANY OTHER COMMENTS? ALL RIGHT. WE'LL GO ON TO SEVEN TWO CITY COUNCIL LIAISON REPORTS. [00:25:01] SO THE PNC TRIED TO MEET ON TUESDAY, AND, UM, THEY LACKED QUORUM. UM, IT WAS AN ATTENDANCE ISSUE. AND, UM, I WANTED TO INVITE THE CHAIR RICK HUDSON UP TO TALK ABOUT, UM, THE ACTIONS HE'S TAKING AND WHAT HE FEELS NEEDS TO HAPPEN. CAN WE DO THAT ON A, ON A THINK IT NEEDS TO 12 ONE FROM LIAISON? NO. WELL, YOU, YOU GAVE YOUR REPORT. IT'S PROBABLY BETTER FOR A SEPARATE AGENDA ITEM ON OKAY. RIGHT. SO, OR TO MAYOR. I THINK IT'LL HANDLE UNDER 12 ONE, DO IT UNDER 12. 1 12 1. OKAY. THAT CITIZEN, CITIZEN COMPENSATED. RIGHT, RIGHT. ALL RIGHT. ANY OTHER THINGS ON THE COUNCIL? A LIAISON REPORT? NO. ANY OTHERS? ALL RIGHT. NEXT FOR CALLING 2 73. FUTURE AGENDA ITEM REQUESTS. ANY THERE? [8. PUBLIC COMMENT] HEARING NONE? WE'LL GO ON TO PUBLIC COMMENT. WE'LL START PUBLIC COMMENT. YOU'LL HAVE THREE MINUTES. UNFORTUNATELY, AT THE END OF THREE MINUTES, YOUR TIME WILL BE UP. WE WON'T EXTEND IT. UM, PER OUR COUNCIL PROTOCOLS, WHEN YOU HAVE 30 SECONDS LEFT, THE LIGHT WILL GO YELLOW. AND THEN WHEN THE TIME'S UP, IT'LL BE READ. THE FIRST PERSON WE HAVE IS I WEAVER. HELLO, IDA WEAVER, CITIZEN OF HU WANNA TALK ABOUT THE HU HU CHARTER SECTION 3.04 OF THE HUDDLE. CHARTER SPECIFICALLY REQUIRES THAT MAYORS AND COUNCIL SHALL RECEIVE THE COMPENSATION SET BY THE MOST RECENT CHARTER REVIEW COMMISSION ON WHICH I SERVED. THE INTENT OF THE COMMISSION WAS THAT A PUBLIC PUR PURPOSE WOULD BE SERVED IF, NUMBER ONE, THE COUNCIL WAS NOT ABLE TO SET THEIR OWN PAY. IT'D BE SET BY THE, BY THE CHARTER. NUMBER TWO, THAT COUNCIL PERSONS COULD NOT USE PAY AS A POLITICAL FOOTBALL. I CANNOT SPEAK FOR THE OTHER COMMISSION MEMBERS, BUT MY INTENT FOR ITEM TWO WAS TO KEEP STATE POLITICS OUT OF HUDDLE BY REQUIRING THAT COUNCIL PERSONS MUST ACCEPT PAY IN FORWARD VERSUS CITY OF TAYLOR. THE TEXAS SUPREME COURT HELD THAT HOME RULE. CITIES SUCH AS OURS HAVE THE INHERENT AUTHORITY TO DO JUST ABOUT ANYTHING THAT QUALIFIES AS A PUBLIC PURPOSE. HOME RULE. CITIES DO NOT LOOK TO THE STATE TO DETERMINE WHAT THEY MAY DO, BUT RATHER WHAT THEY MAY NOT DO. OUR CHARTER TAKES PRESIDENTS OVER STATE LAW, EXCEPT WHEN AN ACTION IS SPECIFICALLY PROHIBITED BY STATE LAW. I COULD NOT FIND ANY STATE PROHIBITIONS RELATING TO SECTION 3.04 OF THE HU CHARTER. I WOULD DEFER TO THE CITY ATTORNEY IN THAT REGARD. I HOPE THAT THE CITY CAN GET AN OPINION ON THIS FROM THE TEXAS AG WITHOUT A STATE LAW, SPECIFICALLY PROHIBITING PROHIBITING A HOME RULE CITY TO REQUIRE CITY COUNCIL PERSON COMPENSATION. THE STATE LEGISLATURE CANNOT PROHIBIT A COUNCIL PERSON FROM RECEIVING COMPENSATION FROM HUDDLE. ON THE OTHER HAND, THE CITY VIOLATED OUR CHARTER BY NOT PAYING COUNCIL PERSON, COLAR THE CITY MUST ISSUE HER BACK PAY. ONE LAST THING. AS COUNCIL MEMBERS, EVERYTHING YOU SAY FROM THE DIAS SHOULD SERVE A PUBLIC PURPOSE. THERE SHOULD BE NO EXPRESSIONS OF FEELINGS AND THINKING, NOT BACKED UP BY FACTS AND NOT ADDRESSING THE AGENDA ITEM BEING DISCUSSED. AVOID ARGUMENTS SUCH AS, OH, BUT I FEEL, OR WELL, BUT I THINK THAT, AND PLEASE DO NOT GOSSIP ABOUT YOUR FRIENDS FROM THE DIAS OR PARTAKE IN LENGTHY OH, POOR ME MONOLOGUES. THAT IS NOT WHAT WE PAY YOU TO DO. SURELY YOU HAVE AT LEAST ONE GOOD FRIEND OR PA A PASTOR THAT YOU CAN POUR YOUR HEART OUT TO. HUH? THERE'S ALWAYS FACEBOOK. THANK YOU. NEXT WE HAVE JAMES WEAVER. MY NAME IS JAMES WEAVER. I AM A CITIZEN OF HU. THE LAST COUPLE OF MEETINGS WE SAW SEVERAL EXAMPLES WERE IT SEEMED THAT THERE WAS DISREGARD OF FIDUCIARY [00:30:01] RESPONSIBILITIES. NOW I SPOKE ABOUT THAT LAST MEETING. EACH OF YOU HERE ARE A FIDUCIARY TO ENSURE THE PROTECTION OF THE CITY. ITS TAX BASE AND ITS CITIZENS. AND HERE'S THE QUOTE, A FIDUCIARY IS ANYONE TO WHOM PROPERTY OR POWER IS ENTRUSTED FOR THE BENEFIT OF ANOTHER. AS I SAID LAST MEETING, EVERYONE ON THE DIAS IS A FU FIDUCIARY FOR THE CITY, BUT WE STILL HAD ONE NAY VOTE. DISREGARDING FIDUCIARY RESPONSIBILITY. IT SEEMS THAT NOT ALL COUNCIL PERSONS ARE WILLING TO EXERCISE THEIR RESPONSIBILITY. GOING FURTHER BY MAKING EXCUSES FOR FINANCIAL MISDEEDS. AT THE LAST MEETING, ANOTHER COUNCILPERSON DEMONSTRATED POSSIBLY A LACK OF UNDERSTANDING BY WHAT IT MEANS TO BE A HOME RULE. CITY STATE LAW DOES NOT ALWAYS TRUMP HOME RULE CHARTER ONLY IN THE CASE OF ACTIONS THAT ARE SPECIFIED OR SPECIFICALLY PROHIBITED BY STATE LAW. DOES STATE LAW TAKE PRESIDENTS OVER A HOME RULE? CHARTER. CHARTER. THANK YOU. THANKS SIR. NEXT WE HAVE PERRY SARD. GOOD EVENING COUNSEL. UH, PERRY SARD, CITIZEN OF HU. UH, FIRST THING, MR. IP, I WOULD SAY THAT I WISH WE HAD A FUNNIEST CATEGORY FOR HALLOWEEN BECAUSE ON BETH PAGE, BETWEEN TWO OF THE HOUSES, THEY HAD AN ARROW POINTING ON EACH SIDE AND IT SAID DITO AND I LOVED IT . SO I WROTE OUT A WHOLE THING. UH, PROBABLY NOT GONNA FOLLOW IT, I NEVER DO. BUT I WANTED TO TALK TONIGHT ABOUT PERSONALITIES AND THINGS THAT ARE GOING ON WITHIN THE CITY. WHEN YOU HAVE PUBLIC COMMENT, WHEN YOU HAVE CITY COUNCIL COMMENT, CITY COUNCIL COMMENT, FROM WHAT I UNDERSTAND IS SUPPOSED TO BE FOR CITY THINGS, WHETHER IT TO BE CALLING OUT SOMEBODY FOR, UH, AN ATTABOY OR SOMETHING LIKE THAT. PERSONAL ISSUES THAT ANY CITY COUNCIL PERSON HAS, NO MATTER WHO THEY ARE. I DON'T CARE IF IT'S THE MAYOR, I DON'T CARE IF IT'S JUST CITY COUNCIL PERSON. PERSONAL ISSUES SHOULD REMAIN JUST THAT IT'S IN ITS DEFINITION IS IN THERE. PERSONAL ISSUES. YOU DON'T TAKE YOUR PERSONAL ISSUES OUT DURING CITY COUNCIL MEETINGS. YOU DON'T TAKE 'EM OUT DURING COMMENTS. , THERE ARE OTHER OUTLETS FOR YOU TO TAKE CARE OF YOUR PERSONAL ISSUES. THE OTHER THING IS, IS THAT IF YOU DO HAVE A PERSONAL ISSUE, ANY ONE OF YOU HAS A PERSONAL ISSUE THAT PROHIBITS YOU FROM DOING YOUR JOB, FULFILLING THE THE OFFICE THAT YOU HAVE BEEN ELECTED TO. OR IF YOU HAVE A MEDICAL CONDITION OF ANY KIND OR A COURT ORDER OF ANY KIND THAT YOU HAVE TO FOLLOW AND YOU DON'T. THE WISEST THING TO ME WOULD BE TO RESIGN AND TAKE CARE OF YOUR PERSONAL ISSUES. YOU CANNOT POSSIBLY GOVERN IF YOU'VE GOT THESE MASSIVE PERSONAL ISSUES. SO I'M GONNA CALL Y'ALL OUT ON IT. IF YOU HAVE A PERSONAL ISSUE, DO THE RIGHT THING. RESIGN. THANK YOU. THANKS SIR. NEXT WE HAVE JIM MORRIS. I YIELDED MY TIME. I'M SORRY, I YIELDED MY TIME. OKAY. TO WHO? TO NICOLE. NICOLE. OH, SO THAT GIVES ME, JUST SO I, SORRY, JUST SO I GET THIS STRAIGHT, YOU WAIT A MINUTE. WE'RE ON EIGHT. WHEN IT SAID EIGHT, I WAS SAYING THAT WAS A DIFFERENT AGENDA ITEM. SO THAT'S EIGHT PUBLIC COMMENT. YEAH. RIGHT? YEP. UM, JUST TO CLARIFY, I HAVE SIX MINUTES. YES MA'AM. OKAY. I'M GONNA SET A STOPWATCH CUZ I HAVE A COUPLE DIFFERENT TOPICS THAT I WANNA COVER. UM, FIRST ONE I'LL JUST PIGGYBACK ON WHAT EVERYBODY'S BEEN TALKING ABOUT. AND THAT'S THE MEETING LAST WEEK. I CAN'T BELIEVE YOU HAVE NOTHING TO SAY THIS WEEK. NO APOLOGY, NOTHING. YOU'RE JUST GONNA SIT THERE AND YOU'RE JUST GONNA NOT BUDGE. AND YOU'VE TAKEN OTIS IN MANDY'S LESSONS. WELL, AND PROBABLY PATTY TOO. AND SO THE GAME HERE, THE END GAME IS NOT IN HU, NOT IN HU. WE WERE ON THE SAME TEAM AND WE PLAYED THAT GAME. AND NOW I'M JUST STICKING, I'M UP HERE. I'M SPEAKING FOR MYSELF AND I'M SAYING NOT IN HU. AND HAVE YOU EVER HEARD THE ADAGE OF WHAT DOES THAT HAVE TO DO WITH THE PRICE OF TEA IN CHINA? WELL, TO ROB AND I WOULD SAY, WHAT DOES INDIA HAVE TO DO WITH ANYTHING? NOTHING. IT, IT, IT, YOUR PERSONAL BUSINESS IS NOT OUR BUSINESS AND YOU CAN'T MAKE ME CARE ABOUT IT. MY BUSINESS IS NOT YOUR BUSINESS AND YOU CAN KEEP ME OUTTA YOUR MOUTH. UM, IT'S TRUE WHAT YOU SAID THAT YOU DID CONTACT ME. UM, YOU ALSO, THAT YOU TOLD ME EVERYTHING ABOUT YOUR PERSONAL LIFE MORE THAN I EVER WANTED TO KNOW. AND I DIDN'T EVEN HAVE TO ASK YOU. AND I ANSWERED ALL OF YOUR QUESTIONS. AND I SHARED THE DOCS THAT I HAD COLLECTED AND YOU SHARED WITH ME [00:35:01] EXECUTIVE COMMUNICATION FROM EXECUTIVE SESSION OF A LEGAL OPINION, UM, SPECIFICALLY ABOUT NO CLEAR WALL OF SEPARATION IN REGARD TO, UM, A FORMER CITY COUNCIL MEMBER'S EMPLOYMENT WITH THE EDC. SO YOU'VE OPENED A CAN OF WORMS NOW, IS THAT WHAT YOU WANTED? YOU WANT TO BE BLASTED SO YOU HAVE A REASON TO LEAVE ANGRY AND YOU CAN BLAME SOMEBODY INSTEAD OF ADDRESSING YOUR OWN PROBLEMS YOURSELF. WHAT IS NOT TRUE IS I DON'T HAVE A BURNER ACCOUNT. I DON'T HAVE ANONYMOUS EMAIL ADDRESSES. DON'T YOU THINK THAT I WOULD'VE SAID SOME OF THE STUPID THINGS THAT I'VE SAID FROM MY OWN NAME UNDER A BURNER IF I HAD ONE, BUT I DON'T BECAUSE I ALWAYS OWN MY WORDS. EVEN WHEN MY FILTER FELL OFF, I OWNED MY WORDS $17,490. DO YOU KNOW WHAT THAT NUMBER IS? $17,490. THAT IS MY LEGAL BILL FROM THE LAST PERSON THAT ACCUSED ME OF SHARING EXECUTIVE DOCUMENTATION. I'VE HAD MY FILES GONE THROUGH, MY EMAILS GONE THROUGH FOR TWO YEARS. CERTAINLY IF I HAD A BURNER OR AN ANONYMOUS EMAIL ADDRESS, THEY WOULD'VE FOUND IT. AND YOU SHOULD HAVE KNOWN THAT. I DON'T KNOW WHY YOU BROUGHT ME INTO THIS. SO I JUST WANNA WRAP UP THE ROBIN AND ASK THIS COUNCIL TO PUT ON A FUTURE AGENDA ITEM, THE COMPETENCY OF ROBIN AND WHETHER SHE IS FIT TO BE A COUNCIL MEMBER, BECAUSE Y'ALL CAN TAKE THAT UPON YOURSELVES TO DO A FIVE VOTE OR NOT. OR WE CAN GO THE LONG ROUTE AND WE CAN GO THROUGH THE ETHICS COMMISSION AND THIS WILL COME UP THROUGH ETHICS AND IT'LL BE INVESTIGATED. AND THEN ETHICS WILL PRESENT TO COUNCIL. AND THEN COUNCIL WILL THEN AT THAT TIME HAVE THE OPPORTUNITY TO VOTE YOU OFF OR NOT. SO THIS COUNCIL CAN SKIP THE ETHICS COMMITTEE AND JUST PUT IT ON THE AGENDA OR WE CAN GO THAT ROUTE OR YOU CAN RESIGN AND TAKE CARE OF YOUR BUSINESS. YOU'RE NOT THE ONLY PERSON THAT STRUGGLES WITH THESE THINGS. AND I WISH YOU HAD USED THAT AS A CATALYST TO HELP PEOPLE AND REACH PEOPLE. THERE ARE AT LEAST FOUR PEOPLE IN THIS AUDIENCE RIGHT NOW WHO LIVE SOBER LIVES THAT YOU COULD HAVE TEAMED UP WITH AND TURNED THIS NEGATIVE INTO. GOOD, BUT YOU DIDN'T, YOU THREW US UNDER THE BUS. ALL RIGHT, SO NOW THAT I'VE EXHAUSTED THAT, I JUST WANNA SAY TO THE ENTIRETY OF COUNSEL THAT ALL OF YOU ARE GUILTY FOR VIOLATING COUNSEL PROTOCOLS, SPECIFICALLY THE ROLE OF A COUNCIL MEMBER AND A MAYOR. LET'S PUT MY GLASSES ON RIGHT HERE. ALL RIGHT. UM, LET'S SEE. RESPECT, KINDNESS, CONSIDERATION, AND COURTESY TO OTHERS. EVERYBODY'S FEELINGS MATTER EXCEPT NICOLE'S. WE CAN JUST THROW HER OUT THERE. DON'T YOU THINK I HAVE A FAMILY AND THINGS TO DO? I DON'T WANNA BE UP HERE DEFENDING MY NAME BECAUSE I'M NOT EVEN ON THE AGENDA FOR CRYING OUT LOUD. I WASN'T EVEN ON THE AGENDA. SO THAT'S ANOTHER THING. A VIOLATION OF THIS COUNCIL FOR HAVING THAT CONVERSATION FOR ALLOWING THAT TO HAPPEN. OH, OPEN MEETINGS, ACT PENALTY, SUBPOENA, PENAL OFFENSE. IT'S A CRIME. WASTEFUL OF TIME. , WE ALL WATCH THAT. LEADERSHIP CIVILITY. Y'ALL ARE SUPPOSED TO BE ROLE MODELS FOR THIS. YOU HAVE TO LOOK A BUNCH OF B*****S. I'M SUPPOSED TO HAVE CONFIDENCE IN YOU. WE ALL ARE. WE DON'T HAVE CONFIDENCE IN YOU. HONESTY, INTEGRITY, YOU, YOU'RE NOT HONEST. LACK INTEGRITY. AND LASTLY, REVIEW THE COUNCIL PROCEDURES AND GO OVER THIS POLICY. YOU, YOU DON'T HAVE A LOT OF THINGS THAT YOU NEED TO DO. YOU DON'T NEED TO BE A LIAISON FOR BOARD, BUT YOU NEED TO KNOW THE PROTOCOL. YOU NEED TO KNOW THE LAWS. YOU NEED TO KNOW WHICH CAN AND CAN'T SAY. AND IF YOU'RE NOT SURE, MAYBE RUN IT BY LEGAL. THAT WOULD'VE BEEN A GOOD IDEA. SPEAKING OF LEGAL, THE CHARTER, I'VE GOT A MINUTE LEFT. THE CHARTER 3.0 4, 8 0 4, LIKE IDA SAID, SPECIFICALLY STATES THAT COUNCIL MUST BE PAID. THIS IS FROM 2004. IN A CHARTER REVIEW IN 2018, IT WAS ARGUED BECAUSE COUNSEL WASN'T RECEIVING PAY. OUR ATTORNEYS AT THE TIME, MICHAEL SHAWNY STOOD UP HERE AND SAID THE CHARTER ACTUALLY MANDATES THAT COMPENSATION BE PROVIDED TO COUNCIL MEMBERS AND THE MAYOR AND THAT THE CHARTER WOULD BE IN VIOLATION OF THE TEXAS STATE CONSTITUTION IF THE CITY FAILED TO PROVIDE REASONABLE COMPENSATION. SHAWNY NOTED THAT CITY CHARTER EXPLICITLY STATES THAT A CITY COUNCIL SHALL RECEIVE COMPENSATION AS MAY BE FIXED BY ORDINANCE UNDER TEXAS LAW. HE SAID THE WORD SHALL MEANS MANDATORY. THE FAILURE TO INCLUDE COMPENSATION FOR CITY COUNCIL. WHEN THE CHARTER SAYS SHALL VIOLATES THE LAW, I POLLED THE PAY HISTORY FOR COUNSEL FOR 2022. AMBER, YOU'RE NOT ON IT. YOU ARE IN VIOLATION OF CHARTER. SO MY QUESTION IS, WHO MADE THAT DECISION AND WHERE'S THE MONEY? SO ANOTHER ACTION ITEM IS TO PLEASE PUT AMBER ON THE AGENDA. LET'S NOT DANCE AROUND THIS PLAYING THE MANDY GAME. LET'S GO RIGHT FOR IT. AND I'M SORRY, AMBER, THAT SHOULD HAVE BEEN VETTED BY COUNSEL [00:40:01] WHEN YOU WERE AUTHORIZED TO RUN. THIS IS NOT AGAINST YOU. THIS IS SOMETHING THAT ALSO WE SHOULD HAVE FIGURED OUT WHEN WE DECIDED WE WANTED TO PAY COUNSEL IN 2004. IT SHOULD HAVE BE DONE IN ADVANCE. AND THE LAST THING I'D LIKE TO REQUEST IS THAT YOU TAKE ROBIN'S COM COMMENT OUT OF THE MEETING MINUTES. IT HAS NOTHING TO DO WITH CITY BUSINESS AND IT SHOULDN'T BE THERE. THANK YOU. THANK YOU. ALL RIGHT, NEXT [9. CONSENT AGENDA ITEMS] THAT BRINGS US TO THE CONSENT AGENDA. ITEMS HAVE ITEMS 9 1 9 2 9 3 9 4 95, 96, 97 AND NINE EIGHT. THERE'S NO OBJECTIONS. I'D LIKE TO PULL ITEMS 9 1 92 AND 93. RIGHT. HEARING NONE. THEN WE'LL MOVE ON FOR MOTION OR ACTION ITEMS ON 9 4 95 96 9 7 9 8. I MAKE A MOTION TO APPROVE NINE FOUR THROUGH 98 AS PRESENTED MOTION BY COUNCIL MEMBER CLARK APPROVING THE CONSENT AGENDA AS PRESENTED 9 4 98 SECOND BY MAYOR PROTEM GORDON. ANY DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER THORNTON AYE. COUNCIL MEMBER CALLER AYE. COUNCIL MEMBER CLARK AYE. MAYOR TIM GORDON. AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER KENZIE. I MAYOR SNYDER. AYE. MOTION PASSES. SEVEN ZERO [9.1. Consideration and possible action on approving the October 20, 2022 City Council meeting and Work Session minutes.] BRINGS ITEM NINE ONE CONSIDERATION POSSIBLE ACTION ON APPROVING OCTOBER 20TH, 2022. CITY COUNCIL MEETING AND WORK SESSION MINUTES. I JUST NOTICED IT ON ITEM 12 THREE. I CATCH THIS TILL TODAY, BUT THERE WAS A MOTION MADE TO PULL AN ITEM OUT OF, OUT OF, UH, EXECUTIVE SESSION, UH, THAT FAILED WITH LACK OF A SECOND. AND I DIDN'T KNOW IF THAT NEEDED TO BE, UH, CAPTURED OR NOT. I'LL FIX IT. OKAY. SO THERE'S NOTHING ELSE ON THAT ONE THEN. UM, I'LL MAKE A MOTION TO APPROVE NINE ONE WITH THAT CHANGE. SECOND BY COUNCIL MEMBER KENZIE, ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE, PLEASE CALL THE VOTE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER KENZIE. AYE. MAYOR SCHNEIDER. AYE. MAYOR, PRETEND GORDON. AYE. COUNCIL MEMBER CALLER. AYE. HOUSE MEMBER CLARK. AYE. COUNCIL MEMBER THORNTON. AYE. MOTION PASSE TO SEVEN ZERO. [9.2. Consideration and possible action on approving the ERCOT membership application and agreement for membership year 2023.] NEXT WE HAVE ITEM NINE, TWO CONSIDERATION POSSIBLE ACTION ON APPROVING THE ERCOT MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2023. UM, AS IS MY PERSONAL PRACTICE, I I DON'T VOTE FOR ANYTHING THAT I FEEL LIKE IS USING TAXPAYER MONEY FOR, UM, UH, ANY TYPE OF, UH, WHAT'S THE WORD, UM, LOBBYING. BUT THERE WAS SOME FOR THOSE THAT ARE GONNA VOTE FOR IT. I DID, I DO HAVE A LITTLE BIT OF A QUESTION. THE PACKET SAID THIS IS FOR A HUNDRED DOLLARS, BUT THE BOX THAT'S BEEN CHECKED IS FOR 2000. BUT IT'S KIND OF A CONFUSING THING BECAUSE IT SAID VOTING WAS 2000 PER MEMBERSHIP YEAR. AND THEN COMMERCIAL MEMBER, ANNUAL MEMBER DUES ARE A HUNDRED DOLLARS PER MEMBERSHIP YEAR. SO I DIDN'T KNOW IF THERE'S REALLY 2000 OR 100 WE'RE REALLY NOT TALKING ABOUT A LOT OF MONEY. THE OTHER THING, TWO THINGS I HAD FOR IT IS THE ONLY OTHER CITY IN CENTRAL TEXAS THAT DOES THIS IS TEMPLE. SO IT'S NOT LIKE IF WE VOTE NO, WE'RE, I MEAN EVEN THE CITY OF TAYLOR WHO'S GENERAL COUNSEL'S A MAYOR THERE, THEY DON'T EVEN BELONG TO THIS. AND THEN THE THIRD THING WAS THE, THE ATTORNEY WE'RE BASICALLY HIRING THE LOBBY FIRM. IT'S THE SAME EXACT PERSON THAT'S WITH ENCORE. AND SO I FEEL LIKE IF WE ARE GONNA HAVE REPRESENTATION, SHOULD WE NOT HAVE A DIFFERENT PERSON REPRESENTING DIFFERENT ISSUES IN DIFFERENT ENTITIES INSTEAD OF ONE GUY'S COME UP OR ONE FIRM'S COME UP WITH A SYSTEM WHERE WE KEEP BEING THE ONLY CITY THAT'S JOINING. UH, SO I JUST THREW THOSE OUT THERE, GAVE ME EVEN MORE REASON NOT TO VOTE EVEN THOUGH IT IS ONLY A HUNDRED OR 2000. BUT THAT'S ALL I HAD ON NINE TWO BY ONE THAT PULLED. MAY I MAKE A MOTION TO APPROVE? NINE TWO IS PRESENTED MOTION BY MAYOR PROTON GORDON APPROVING NINE TWO IS PRESENTED SECOND. SECOND BY COUNCIL MEMBER KINZIE. ANY DISCUSSION ON THE MOTION? I JUST WANTED TO SAY THE REASON I'M IN FAVOR OF IT IS BECAUSE, UM, FOR THE A HUNDRED DOLLARS THAT WE'RE GONNA PAY IN A YEAR, WE'VE SAVED, UM, MANY, MANY MULTIPLES OF THAT TO OUR CITIZENS FOR, UM, THE NEGOTIATIONS THAT WE'VE BEEN ABLE TO BE A PART OF. SO I THINK THAT'S WORTH IT PERSONALLY. UM, [00:45:01] IT IS ERCOT MEMBERSHIP. I'M NOT SURE ABOUT, YOU KNOW, THE, THE LAWYER THAT WORKS FOR, UM, HE DOESN'T WORK FOR ERCOT, HE WORKS FOR ENCORE, APPARENTLY. UM, YOU KNOW, MAYBE THEY'RE IN THE SAME, UH, THEY'RE NOT IN THE SAME COMPANY. SO I DON'T KNOW THAT THERE'S A, A CONFLICT OF INTEREST THERE FOR ME. SO I'M I'M FINE WITH THAT. SO IT'S A VERY SMALL EXPENDITURE, BUT WE DO HAVE A NEW CITY MANAGER AND IF NOBODY ELSE IN THE AREA IS USING INSIDE, WOULD WONDER IF HE HAS ANY INPUT INTO OTHER OPTIONS THAT MIGHT BE OUT THERE FOR, FOR, UH, FOR DEALING WITH, WITH THE RATES WITH ENCORE. WELL, SO, UH, THANK YOU FOR THE RECORD. UH, JAMES ARP, CITY MANAGER. SO IN GENERALLY SPEAKING, THE WAY THAT THIS HAS ENDED UP IN THE PAST IS WHENEVER THERE ARE RATE CHALLENGES, YOU KNOW, THE, THE PUC, AND THIS IS SOMEONE OF A LEGAL QUESTION, BUT THE PUC HAS, HAS GIVEN CITY'S ORIGINAL JURISDICTION OF A RATE SETTING IN THEIR, IN THEIR BOUNDARIES. WHAT ENDS UP HAPPENING IS WITH THE LARGER UTILITY COMPANIES, ATMOS GAS, YOU KNOW, ENCORE POWER, WHATEVER, YOU KNOW, YOU'RE ONE VERY SMALL FISH, IF YOU WILL, IN A RELATIVELY LARGE POOL. SO GENERALLY SPEAKING, YOU END UP WITH THESE GROUPS OF COMMUNITIES THAT ARE COMING TOGETHER TO BAND TOGETHER TO GO TO THE TABLE TO NEGOTIATE THE RATES. THE BIGGEST ISSUE I THINK THAT YOU HAVE WITH ENCORE SPECIFICALLY IS GEOGRAPHICALLY IT'S PREDOMINANTLY LOCATED IN THE, YOU KNOW, THE, THE NORTHERN PART OF OF THE STATE WHERE I'M ORIGINALLY FROM THE FORT WORTH, DALLAS AREA U UH, PROBABLY I THINK ENCORE IS ORIGINALLY TXU UTILITIES BEFORE IT WAS REBRANDED AND BROKEN UP DURING DEREGULATION. SO THAT SAID, I'M NOT AWARE OF A BETTER WAY OF APPROACHING IT RATHER THAN JOINING A COALITION WHETHER OR NOT THOMAS BOCATO IS THE ATTORNEY FOR THAT OR NOT, I DON'T KNOW. I DO KNOW THAT LLOYD GOSLIN IS, IS ONE OF THE PREMIERE FIRMS IN THE, IN THE STATE WHENEVER IT COMES TO UTILITY TYPE WORK. SO WATER IS USUALLY SOMETHING I RUN TO THEM FOR, UH, WASTE WATER, PUC ISSUES, THOSE TYPES OF THINGS. SO I THINK ULTIMATELY COUNCIL HAS TO DECIDE WHETHER YOU WANT TO TRY TO PAY ATTORNEYS TO, TO REPRESENT THE CITY INDIVIDUALLY. UM, WHICH WE CAN CERTAINLY DO. OR YOU ARE COMFORTABLE CONTINUING TO BE A PART OF A LARGER CONGLOMERATION OF OTHER FOLKS. SO I THINK THAT PAYING ATTORNEYS INDIVIDUALLY, QUICKLY RUNS PAST WHATEVER WE PAY FOR THIS. IT SHOULD. MY QUESTION IS, ARE THERE OTHER OPTIONS OUT THERE? ARE THERE OTHER, OTHER GROUPS OF CITIES THAT MAYBE ARE MORE REGIONALLY ALIGNED WITH US OR WHATEVER AND ARE THERE, YOU KNOW, NOT TO ANYTHING ELSE WE SHOULD EXPLORE? NOT TO MY KNOWLEDGE, BUT IN ALL FAIRNESS, I DIDN'T GO AND TRY TO DO A BUNCH OF RESEARCH TO SEE IF THERE WERE OTHERS. SO DOTTY SEEMS LIKE SHE KNOWS, SO I JUST WANNA MAKE IT CLEAR. THIS IS A CORPORATE MEMBERSHIP TO BE PART OF THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, WHICH IS AIRCO, WHICH CONTROLS YOUR GRID. SO THE CORPORATE CITY MEMBERS ARE ABOUT 137. AND SO BANDING TOGETHER AS A CITY, YOUR A HUNDRED DOLLARS MEMBERSHIP ALLOWS YOU TO VOTE ON AIRCO MATTERS. THE ATTORNEY THOMAS BOCATO, HE ADVISES THE CORPORATE CITIES THAT JOIN. SO THE A HUNDRED DOLLARS, YOU KNOW, GOES TOWARDS THE MEMBERSHIP. THE TWO THINGS THAT THEY ACCOMPLISHED IS THERE'S A TECHNICAL ADVISORY COMMITTEE. THEY WERE ABLE TO PUT TWO CITY PEOPLE ON THAT TECHNICAL ADVISORY COMMITTEE TO AIRCO AND THEY ALSO BANDED TOGETHER TO AT LEAST GET ONE, UM, COMMISSIONER. SO THERE WAS A REPORT BECAUSE WE JOINED LAST YEAR THAT CIRCULATED LAST, UH, SPRING. AND SO YOU'LL GET REPORTS ON WHAT'S GOING ON. SO BECAUSE UH, THE GRID IS SUCH A ESSENTIAL QUEST QUESTION THERE I, THERE, I DON'T KNOW OF ANY OTHER GROUP THAT DOES THIS AND THIS AT LEAST ALLOWS OUR CITY TO HAVE A VOICE AND TO GET BRIEFINGS ON WHAT'S GOING ON. THANK YOU. UM, I ALSO WANTED TO BRING OUT WHEN IT WAS SAID THAT IT'S JUST TEMPLE COLEEN HARKER, HS, COPPERS COVE, WACO, THESE ARE ALL ALSO MEMBERS. SO IT'S NOT JUST ONE CITY IN THE AREA, IT'S ALMOST ALL OF THE OTHER SURROUNDING ONES THAT ARE NORTHERN PART OF THE COUNTY BELL COUNTY. CUZ WE ALREADY KNOW ERCOT NORTH AND GO SOUTH. WE'RE ON THE SOUTHERN EDGE OF IT, YOU KNOW, BUT IT'S NOT LIKE WE'RE THE ONLY ONE IN THE AREA. MOST OF THE MUNICIPALITIES SURROUNDING US DO PAY THE A HUNDRED DOLLARS AND JOIN THE MEMBERSHIP. SO I JUST WANTED TO THROW THAT OUT THERE. YOU ON THERE? GEORGETOWN, KYLE, TAYLOR, UM, MAYBE TAYLOR MIGHT BE EXCLUDED. WHERE IS THERE? YEAH, KYLE'S EXCLUDED BECAUSE THEY'RE IN A CO-OP. SO THEY'RE NOT RIGHT IN GEORGETOWN. THEY'RE A FUNCTION. THEY'RE CUZ THEY'RE CO-OPS. I'M JUST TRYING TO FIGURE OUT, I FEEL LIKE WE JOIN THINGS. EVERYBODY SAYS WE GET BENEFITS, BUT, BUT THEY'RE CO-OPS MIKE. THEY CAN'T JOIN CEDAR PARK'S. NOT LEANER IS NOT, I MEAN, ARE WE THE SMARTEST CITY IN THE [00:50:01] METRO AREA THAT WE'RE THE ONLY CITY THAT SIGNS UP FOR ALL THESE AND NONE OF THE OTHER CITIES DO IT? IT JUST, WHEN I LIVED IN CEDAR PARK, I WAS PART OF THE CO-OP. SO YEAH, THERE IS A CO-OP IN CEDAR PARK AND GEORGETOWN IS YOU MUNICIPALS. SO YOU'RE KIND OF MIXING SEMANTICS. I'M JUST, I'M JUST GIVING SOME KNOWLEDGE. YOU SAID THERE WAS ONLY ONE. I'M JUST SAYING BY FACTS, COLEEN COPPERS CO HARKER HEIGHTS ARE ALSO MEMBERS. THAT'S ALL I'M SAYING. I WASN'T SAYING YOU WERE WRONG ABOUT TEMPLE. I DIDN'T SAY ANYTHING ABOUT GEORGETOWN OR THESE OTHERS, BUT I WAS JUST SAYING YOU SAID THERE'S ONLY ONE. I'M JUST LETTING YOU KNOW IT'S NOT OKAY. I JUST WANNA MAKE SURE WHENEVER WE SAY ALL THE OTHER AREA CITIES ARE INVOLVED, THAT MAY MAKE PEOPLE THINK AREA MEANING WILLIAMSON COUNTY TRAVIS, I SAID NORTHERN CITIES. DID I NOT? I CLARIFIED. I SAID CITIES TO THE NORTH OF US TO BELL COUNTY. I DID NOT SAY ANYTHING ABOUT THAT LAST THING. IS IT 2000 OR A HUNDRED DOLLARS? A HUNDRED BUCKS. A HUNDRED DOLLARS. IT'S A HUNDRED DOLLARS. WHAT'S THE THING THAT SAID 2000? YOU'RE A LARGE COMMERCIAL BUSINESS MEMBER. WE'RE A SMALL RESIDENTIAL CONSUMER FOR CITY SIZE. SO WE'RE A HUNDRED BUCKS. RIGHT? YOU KNOW THE DISCUSSION ON THE MOTION, RIGHT? HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER KENZIE AYE. MAYOR PRO TIM GORDON. AYE. COUNCIL MEMBER KOHLER AYE. COUNCIL MEMBER CLARK. AYE. COUNCIL MEMBER THORNTON AYE. COUNCIL MEMBER SUTTON. AYE. MAYOR SCHNEIDER. AYE. QUESTION PASSES SIX ONE. [9.3. Consideration and possible action on Ordinance No. O-2022-052 adopting and approving the City of Hutto, Texas Procurement Policy and Procedures; repealing conflicting ordinances and providing an effective date.] NEXT WE HAVE ITEM NINE THREE CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE NUMBER OH DASH 2022 DASH 52, ADOPTING AND APPROVING THE CITY OF HU TEXAS PROCUREMENT POLICY AND PROCEDURES REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE SOMEWHERE. I'VE GOT SOME NOTES ON THIS. OKAY. I HOW TO BEST THIS ON PAGE 13 OF THE POLICY, ADD A CONCERN WITH THE PARAGRAPH THAT SAID, THE CITY MAY CONTRACT FOR GOODS AND SERVICES WITH AN EMPLOYEE ADMINISTRATIVE OFFICER, MEMBER OF THE EMPLOYEE'S IMMEDIATE FAMILY, OR A COMPANY WHICH IS OWNED IN WHOLE OR PART BY AN EMPLOYEE ADMINISTRATIVE OFFICER OR MEMBER. I'D REALLY LIKE US TO NOT DO ANY BUSINESS WITH CITY EMPLOYEES. AND I WOULD THINK AS BIG OF A METROPOLITAN AREA, IF THERE'S SOME SPECIALIZED THING THAT ONLY ONE OF YOUR STAFF MEMBERS CAN POSSIBLY PROVIDE US, I THINK, I DON'T KNOW, I THINK WE'RE LOOKING THE WRONG THING, BUT WE'VE HAD TOO MANY ISSUES IN MY MIND IN THIS CITY, UM, WITH UM, UM, SELF DEALING THAT IT TO ME JUST OPENS UP. AND THEN ON THAT NUMBER TWO, IT SAYS, NO CONTRACT FOR GOODS OR SERVICES SHALL BE WRITTEN TO AN EMPLOYEE OWNED BUSINESS IF IT COULD BE CONSTRUED OR THEIR EAR OR THERE IS AN APPEARANCE THAT THE CITY EMPLOYED BUSINESS HAS AN ADVANTAGE. I'LL JUST GO ON RECORD NOW AND SAY THAT I THINK IT'S ALWAYS GONNA BE CONSTRUED THAT WAY BY AT LEAST ME. SO I DON'T KNOW IF THAT HELPS, UH, WITH THAT. UM, AND I HAD A QUESTION. WHEN WE GET TO THE SPENDING LIMITS. SO A LOT OF THE SPEND LIMITS TALK ABOUT PURCHASES. PURCHASES ARE LIMITED TO 50,000, BUT I DON'T, I GUESS I DON'T QUITE KNOW THE DIFFERENCE BETWEEN A PURCHASE AND AN EXPENDITURE BECAUSE I'M AFRAID THAT, UM, BEFORE WE HAD, I MEAN MULTIPLE CONTRACTS, WE, WE HAD PEOPLE WITH CONSULTANTS, WE'VE NEVER EVEN PHYSICALLY EVEN SEEN IN FRONT OF US THAT WE PAID THEM $50,000, BUT EVERYTHING WAS ALWAYS LIKE 49 99. AND SO I'D LIKE TO SEE IT ALMOST GO TO ANY EXPENDITURE THAT WAY. WE DON'T GET INTO THE SEMANTICS OF I DIDN'T BUY ANYTHING, I JUST HIRED SOMEBODY AND I DON'T THINK YOU'RE THIS WAY. AND I KNOW WE ALWAYS SAY MOVE ON. BUT THE ONE THING I THINK WE HAVE TO DO IS, IS WHEN YOU GET DONE TAKING YOUR LOOKS AND YOU'VE LEARNED SOME LESSONS, YOU MAKE SURE THAT WHILE I TRUST YOU 100%, LET'S SAY, UM, I SHOULD MAKE SURE THAT I HAVE A STRONG CONTRACT WITH YOU TO WHERE IF YOU DON'T DO WHAT YOU'RE SUPPOSED TO DO, THEN I'M GONNA COME BACK AND SAY, UM, YOU VIOLATED WHATEVER PAGE. SO I DON'T WANNA GET INTO A DEAL LIKE THAT ON PAGE 18. I THOUGHT THAT WAS A CONFLICT. THE THIRD PARAGRAPH DOWN WHEN IT SAYS AUTHORITY HAS BEEN GRANTED FOR EACH DESIGNATED DEPARTMENT BUYER TO OBTAIN AT LEAST THREE WRITTEN QUOTES UP TO 49, 9 99 FOR PURCHASES SUBJECT TO APPROVAL REQUIREMENTS. UM, BUT NOT ALL THE THINGS REQUIRED. THREE, THE WAY I READ THIS, THEY DIDN'T ALL REQUIRE THREE QUOTES. UM, THERE WAS SOME OTHER, I I DIDN'T, IT'S ALMOST, UH, THERE WAS SOME OTHER THINGS IN THERE EARLIER IN THE, UH, POLICY THAT KIND OF GAVE SOME CARVE OUTS. AND SO THEN I WONDERED, DO WE ALSO NEED TO VERIFY THAT THE MONEY'S AVAILABLE? BECAUSE THE WAY I READ THIS POLICY WE'RE GIVEN, [00:55:01] LET'S SAY YOU THE ABILITY TO SPEND $48,000, BUT NOWHERE DO WE ACTUALLY REQUIRE. NOW THE, THE, THE, UM, CHARTER REQUIRES YOU TO HAVE THAT MONEY. THE TRUTH OF THE MATTER IS WE WENT AND BLEW THAT CHARTER OUT OF THE WATER AND BROKE ALL THE RULES AND I STILL IT AND BEEN TOLD HOW YOU ACTUALLY HOLD SOMEONE ACCOUNTABLE. SO MY MIND, IF WE PUT IT IN THE PROCUREMENT POLICY, LET'S SAY, THEN I DON'T HAVE TO WORRY ABOUT THE SEMANTICS OF THE CHARTER. UM, CUZ SOMEHOW WE RAN OUTTA MONEY AND NOBODY GOT PUNISHED, UM, FOR THAT. UM, ON PAGE 24, THIS ONE KIND OF SCARED ME. IT'S PROBABLY AN INDUSTRY PRACTICE, BUT IF A CHANGE ORDER IS AN INCREASE MORE OR LESS INCREASE OR DECREASE OF 49,000 9 99 OR LESS, YOU HAVE THE RIGHT TO APPROVE IT. UM, BUT THE ORIGINAL CONTRACT PRICE MAY NOT INCREASE BY MORE THAN 25%. AND THEY GOT ME THINKING THAT'S A REALLY, I MEAN, I'M TRYING TO THINK OF WHAT WOULD BE SUCH A SMALL CONTRACT THAT WOULD HAVE SUCH A LARGE CHANGE ORDER THAT IT WOULD BE A 25% INCREASE OR 24. I MEAN, I WOULD THINK IF YOU'RE, I DON'T KNOW IF YOU HAVE A 30,000 CONTRACT AND A PERSON CAME, CAME BACK AND SAID, HEY, IT REALLY NEEDS TO BE LIKE 40. I DON'T KNOW IF YOU JUST SAY THAT, THAT'S KIND OF ON THEM. THEY SHOULD HAVE BID IT BETTER. I GET IT WHEN YOU'RE BUILDING ROADS AND THINGS COME UP, BUT, SO THERE'S PROBABLY EXAMPLES, BUT JUST SOMETHING IN MY MIND, I WAS LIKE, DANG, 25,000. UM, I GOT LIKE TWO MORE HERE. UM, THE SMALL BUSINESS PROGRAM ON PAGE 26. SO IT SAID, THE CITY PLACES GREAT IMPORTANCE ON AFFORDING SMALL BUSINESSES AND VENDORS THE OPPORTUNITY TO BID ON CONSTRUCTION RELATED CONTRACTS TO BE AWARDED BY THE CITY. BUSINESSES THAT REGISTER WITH THE CITY WILL BE CONTACTED BY THE CITY'S PURCHASING OFFICE WHENEVER BIDS ARE QUOTE SQUARE THAN 50,000 ARE SOLICITED IN THE BUSINESSES SPECIFIC COMMODITY. IT MADE ME WONDER, I, I'D ALMOST BET SOMETHING WE HAVEN'T BEEN DOING THIS BECAUSE WE DID A DEAL WITH, UM, UM, WE WERE GONNA NOTIFY ALL NON-PROFITS ABOUT A GRANT PROGRAM. AND SO WE ASKED, THE NON-PROFITS CAME UP AND SAID, HEY, WE DON'T KNOW ABOUT THIS. AND WE ASKED STAFF, HOW HAVE YOU CONTACTED HIM? AND THE ANSWER WAS, WELL IF THEY, IF THEY RECEIVED MONEY LAST YEAR, THAT'S WHO WE REACHED OUT TO. AND SO WE'VE GOT SO MANY BUSINESSES IN HUO THAT AT ALL THE CONSTRUCTION PROJECTS WE'VE BEEN DOING, IT MAKES ME WONDER, HAVE WE EVEN REACHED OUT TO ANYBODY OR DO WE EVEN HAVE A LIST TO KNOW? UM, AND MAYBE WE DO, MAYBE WE HAVE BEEN, BUT YOU AND I TALK A LOT ABOUT MM-HMM. , HOW SOME OF THE THINGS WE'RE FINDING. SO MY GUESS IS WE PROBABLY NEED A SYSTEM FOR THAT. AND THEN, UM, PAGE 29, THE 50,000 UP AWARD OF BID REQUIRES APPROVAL FROM CITY COUNCIL, REQUIRES A C I P FORM 1295, BUT DOESN'T REALLY MENTION ANYTHING ABOUT THE ISRAEL GUNS OR OIL, UH, BOYCOTT LAWS EARLIER IN. IT DOES BRING UP THAT YOU HAVE TO FOLLOW THOSE. UM, AND THIS SAYS C ITEM TWO DASH 1 0 7, BUT THAT'S NOT, THAT'S NOT REFERENCING THOSE THINGS. SO I DON'T KNOW IF IT HELPS US TO PUT THAT IN THERE SO WE DON'T MISS THAT LATER. AND THEN THE LAST ONE WAS ON PAGE 57 WAS LEARNING ABOUT THE RFQ PROCESS. SO WHO'S THE ONE THAT IS NEGOTIATING OUR RFQ S RIGHT NOW, I GUESS IS MY QUESTION. SO MAYOR, THE RFQ S YOU MEAN WHENEVER WE'RE, WE'RE, WE'RE RECOMMENDING AN AWARD AND THEN WE MOVE INTO THE PHASE OF SETTING THE, THE DOLLAR AMOUNT MM-HMM. , IT REALLY DEPENDS ON WHERE THE, THE RFQ LIVES. SO THE EASIEST ONE TO POINT TO WOULD, WOULD BE ENGINEERING, BECAUSE WE DO A NUMBER OF R FQS FOR ENGINEERS, RIGHT? SO WHENEVER YOU HAVE AN RFQ AND YOU ACCESS YOUR ENGINEERING LIST, THEN THE NEXT THING THAT HAPPENS IS A SCOPE IS DEVELOPED BASED OFF OF WHAT THE PROJECT IS THAT YOU'RE ASKING TO HAVE DONE. AND THEN IN THAT SCOPE ALSO THE DOLLAR AMOUNTS ARE DETERMINED. SO THAT'S WHEN, USUALLY IF IT'S AN ENGINEERING ISSUE, ENGINEERING PUBLIC WORKS AND OR PLANNING CAN ALL BE INVOLVED IN DIFFERENT ASPECTS OF IT POTENTIALLY. BUT USUALLY THEY'RE NEGOTIATING TO SAY, NO, I DON'T THINK YOU NEED SO MUCH IN THAT AREA, OR YOU HAVE THE SCOPE WRONG IN THIS AREA, YOU NEED TO CHANGE THIS. THAT'S WHERE THE NEGOTIATIONS HAPPEN. SO YOU CAN EXTRAPOLATE THAT OUT TO WHATEVER THE CATEGORY OF THE RFQ ENDS UP BEING IN. ULTIMATELY OUR PURCHASING AGENT IS ALSO A PART, SO WE'RE LUCKY TO HAVE A PURCHASING AGENT. MANY CITIES OUR SIZE WOULD NOT BE ABLE TO, TO HAVE A DEDICATED PERSON TO DO THAT, BUT THANKFULLY WE DO. AND THAT WOULD BE YOUR LAST AREA. SO LIKE SAY YOU HAD AN EMPLOYEE WHO WASN'T OVERLY COMFORTABLE NEGOTIATING AN RFQ AFTER IT'S BEEN AWARDED ON THE SCOPING, THAT'S WHERE THE PURCHASING AGENT CAN STEP IN AND HELP WITH THAT PROCESS. SO IT, IT'S SOMEWHAT DECENTRALIZED. THERE'S NO ONE PO PERSON THAT WOULD BE RESPONSIBLE. EACH PERSON, DEPENDING [01:00:01] ON THE CATEGORY OF WHERE THAT RFQ WOULD ULTIMATELY LIVE. AND WHO FIGURE, I MEAN WHO FIGURES OUT WHO'S GOING TO, HOW DO PEOPLE KNOW WHO'S THE PERSON? IT'S, IT'S USUALLY THE ENTITY INSIDE THE CITY THAT'S TRIGGERING THE RFQ IN THE FIRST PLACE. SO IF IT'S A PUBLIC WORKS DEAL AND THEY'RE LOOKING FOR, UH, AND REMEMBER THERE'S A DIFFERENCE BETWEEN RQS AND RFPS. SURE. SO RFQ ARE REQUESTS FOR QUALIFICATIONS, GENERALLY IT'S PROFESSIONAL SERVICES, YADA, THAT KIND OF STUFF. UM, SO ON THAT PARTICULAR CASE, WE ARE NOT ALLOWED TO SHOP ON PRICE, WE SHOP ON QUALIFICATIONS. SURE. SO IF IT'S PUBLIC WORKS, THAT'S TRIGGERING IT. THE, THE, THE, THE POSTING OF THE RFQ, IT WOULD GENERALLY BE PUBLIC WORKS, WHO WOULD OWN DETERMINING THE PRICE AND ALL THOSE TYPES OF THINGS. SO IF UH, SOMEONE OUTSIDE OF PUBLIC WORKS WANTED TO LOOK AT IT, WHO MAKES A DECISION? I MEAN, DOES PUBLIC WORKS SAY, HEY, WE PUT THAT OUT THERE, WE GET TO REVIEW IT? OR? WELL, SO WHENEVER THE RFQ GOES OUT, GENERALLY THERE'S A PANEL OF PEOPLE WHO ARE GRADING THE RFQ S AND THAT THEN IN TURN IS NOT NECESSARILY THE SAME GROUP OR THE SAME PERSON WHO WOULD BE NEGOTIATING THE PRICE. I MEAN IT GENERALLY IS ONCE YOU PICK THE PERSON, YOU SAY COMPANY A IS A COMP, ITS A COMPANY. MM-HMM. , THEN IT'S THE PUBLIC WORKS PEOPLE. DO THEY JUST AUTOMATICALLY SAY, LOOK, BECAUSE WE SET THAT OUT, WHOEVER THAT PERSON IS, THEY'RE THE ONES THAT DO THE ALL THE NEGOTIATING? GENERALLY SPEAKING, YES. WITH HELP FROM FINANCE, SUPPORT FROM FINANCE OR IF NEEDED BE FROM ADMIN STAFF. OKAY. SO MY ONLY CONCERN IS, IS THE WAY THIS IS WRITTEN, IT SAYS ONCE THE EVALUATION COMMITTEE SELECTED A MOST HIGHLY QUALIFIED PROVIDER, THE CITY MANAGER OR HIS DESIGNEE MUST ATTEMPT TO NEGOTIATE. AND SO I FEEL LIKE LATER ON THEN IT GOES, IF, IF YOU CAN'T COME UP WITH A GOOD TERM, THE CITY MANAGER DESIGNEE SHALL FORMALLY IN NEGOTIATIONS. AND THEN BASED ON THE EMAIL WITH THE MONEY SPENT THIS PAST YEAR, I'M TRYING TO FIGURE OUT HOW TO GET YOU MORE INVOLVED TO WHERE, NOT THAT YOU HAVE TIME TO NEGOTIATE EVERYTHING, BUT SOMEHOW TO WHERE IF WE NEGOTIATE SOMETHING FOR $200,000 AND IT COMES OUT TO BE 350 OR SOMETHING GOES WAY OFF. AT SOME POINT SOMEONE'S GOTTA BE HELD ACCOUNTABLE. AND I, I'M AFRAID THE WAY THIS IS WRITTEN, IT WOULD BE EASY TO SAY, WELL THAT WAS SO AND SO, AND I'LL JUST, YEAH, WE'RE GONNA FIRE THAT PERSON BECAUSE THEY MESSED THAT UP. SO I DON'T KNOW IF THERE'S A WAY TO, AGAIN, GET IT TO WHERE IT'S MORE WORDED THAT YOU'RE ULTIMATELY GOING TO, THE BUCK'S GONNA STOP WITH THE CITY MANAGER. WHEREAS IF IT'S GOING THROUGH COMMITTEES AND EVERYTHING AND THEN IT COMES TO COUNCIL, I KIND OF FEEL LIKE IF YOU'RE DOING IT, YOU MAY NOT BE BIDDING OUT THINGS OR USING GARVER ANYMORE. CUZ YOU MAY SAY, GUYS, I DON'T, I DON'T THINK THAT'S RIGHT WHERE IT'S RIGHT NOW. I DON'T KNOW WHO THE COMMITTEE IS, BUT I DON'T KNOW IF THAT MAKES SENSE, WHAT I'M SAYING. YEAH, IT MAKES SENSE. BUT RE REGARDLESS THE BOOK STOPS WITH ME EITHER WAY. EVEN IF I DELEGATE THE AUTHORITY DOWN TO PUBLIC WORKS OR DOWN TO PD OR ANYWHERE ELSE WHERE THAT MIGHT LIVE, ULTIMATELY IT DOES STOP WITH ME. I, I, THERE IS WISDOM AND WE HAVEN'T DONE AN RFQ, UM, HERE IN HUO FOR QUITE SOME TIME. SO I WOULD SAY GENERALLY SPEAKING, IT, IT HAS A LOT TO DO WITH THE DOLLAR AMOUNTS AND I THINK YOU'RE RIGHT ABOUT THAT. AND THAT IS ONE OF THE POINTS THAT YOU WERE MAKING EARLIER. SO SINCE I'M SPEAKING, YOU KNOW, I CAN TALK A LITTLE BIT, YOU KNOW, TO SOME OF THE OTHER POINTS. UM, GENERALLY SPEAKING, A FISCAL NOTE IS SUPPOSED TO BE ATTACHED WITH EXPENDITURES, UH, THAT COME TO BEFORE COUNCIL FOR APPROVAL. UH, FISCAL NOTES ARE ALSO A PART, IF YOU WILL, OF THE CERTIFICATION OF THE PURCHASE ORDERS. SO IF THE DOLLAR AMOUNT IS LESS THAN 50, IF IT'S 49,999 OR BELOW, THEN THAT DOESN'T REQUIRE COUNCIL AUTHORIZATION TO, TO AUTHORIZE THE PURCHASE ORDER. IT JUST REQUIRES THE CITY MANAGER OR ONE OF THE OTHER DESIGNEES TO AUTHORIZE THE PURCHASE ORDER AS A PART OF AUTHORIZING THE PURCHASE ORDER. FINANCE IS CONFIRMING THAT THE DOLLARS ARE THERE AND ARE IN THAT LINE ITEM AND ELIGIBLE TO BE ENCUMBERED TO BE SPENT. NOW WHERE THE ISSUE BECOMES MORE PREVALENT IS WHENEVER THE ITEMS ARE OVER 49,999 AND THEY'RE COMING TO THE CITY COUNCIL FOR APPROVAL IN A CONTRACT OR AN AWARD OF AN RFP OR ANYTHING LIKE THAT. THE ONE THING THAT WE HAVEN'T BEEN DOING AS FAR AS I CAN TELL AS AN ORGANIZATION, AS A MATTER OF PRACTICE, IS HAVING FINANCE, AND I'VE ALREADY BEEN MOURNING THEM ABOUT THIS CAUSE I, I, I KNEW THAT WE NEEDED TO DO THIS EVEN BEFORE THE PURCHASING POLICY WAS COMING UP, IS THAT FINANCE SHOULD BE PREPARING A FISCAL NOTE THAT'S ATTACHED TO THE AGENDA ITEM THAT SAYS, WE CERTIFY THAT THE DOLLARS ARE THERE, THAT IT'S IN THE LINE ITEM, THAT IT'S AN APPROVED EXPENDITURE AND COUNCIL, IF COUNCIL AUTHORIZES IT, WE CAN PAY IT. SO THAT'S A COMPONENT THAT WE WILL BE ADDING TO THE AGENDA PREP, UM, FOR THOSE ITEMS THAT COME BEFORE COUNCIL TO GET APPROVED. AND THEN THE LAST THING THAT OF NOTE OF THAT TOO IS, UH, THESE, UH, THE, THE CONTRACTS THAT HAVE COME FORWARD THAT ARE LIKE ON CALL, THOSE TYPES OF, OF DEALS WHERE YOU JUST PAY AS YOU GO TYPE THINGS. GENERALLY I HAVE, I HAVE PREFERRED BEST MANAGEMENT [01:05:01] PRACTICE BE THAT THERE BE A CAP ON THOSE AND THOSE HAVE NOT BEEN A MATTER OF PRACTICE HERE EITHER. SO FROM HERE FORWARD, WHENEVER WE DO ON CALL AS NEEDED, SO ON AND SO FORTH, THAT'S NOT THE SAME THING AS SAYING THE ENGINEER ROTATION LIST WHERE YOU'RE SAYING, HEY, GO ENGINEER, ENGINEER X, BECAUSE WHEN YOU DO THAT, THEY COME BACK WITH A TASK ORDER THAT SAYS, HERE'S THE SCOPE, HERE'S HOW MUCH WE'RE CHARGING FOR THAT PARTICULAR THING. WHAT I'M TALKING ABOUT ARE MORE THE OPEN ENDED, WE'RE GONNA DO REVIEWS, WE'RE GONNA DO INSPECTIONS, WE'RE GONNA DO THOSE THINGS. GENERALLY, MY PREFERENCE IN BEST MANAGEMENT IS THAT WHENEVER THOSE COME BEFORE COUNCIL, THEY'LL HAVE A DOLLAR CAP. AND THEN THAT WAY IF WE FIND THAT WE'RE SPENDING MORE MONEY THAN WHAT WE HAD EXPECTED, THEN WE COME BACK TO COUNCIL ADVISE YOU EXPLAIN WHY WE'RE SPENDING MORE MONEY THAN WHAT WE EXPECTED. WE PROPOSE A BUDGET AMENDMENT, SO ON AND SO FORTH, OR WE DON'T KEEP USING THAT SERVICE HOWEVER IT GOES. UM, THAT'S HOW THAT SHOULD GENERALLY WORK AND HOW IT, IT WILL START WORKING ON THE PREFERRED VENDOR ITEM. I AGREE WITH YOU. I BELIEVE, UH, I HAVE NOT SEEN IT MYSELF, BUT I WOULD BELIEVE, I GUESS I SHOULD SAY IT THAT WAY. I WOULD BELIEVE THAT THERE IS A VENDOR LIST IN THIS CITY THAT IT'S PROBABLY AN EXCEL SHEET IF I HAD TO GUESS WHERE PEOPLE HAVE CALLED AND SAID, HEY, I WOULD LIKE TO BE ON YOUR APPROVED VENDOR LIST. AND THEY'VE PROBABLY GOTTEN PUT ONTO THAT EXCEL SHEET, BUT IS IT SOMETHING THAT I KNOW THAT I CAN STAND HERE AND SWEAR TO THE PUBLIC THAT WE'RE WE'RE, WE'RE, UH, ADVOCATING AND GETTING OUT INTO THE, INTO THE COMMUNITY AND TRYING TO GET THE SMALL BUSINESSES AND THE LOCAL BUSINESSES SIGNED UP ON, NO, I DON'T THINK THAT WE ARE, WHICH IS SOMETHING THAT WE CERTAINLY DO NEED TO DO. HENCE THE, HENCE THE LOCAL PREFERENCE PART OF THE, OF THE POLICY. RIGHT? SO THERE'S A NUMBER OF THINGS THAT ARE IN THE POLICY THAT ARE CERTAINLY MEANT TO IMPROVE, UM, THE, THE, THE WAY THAT THE FISCAL OPERATIONS OF THE CITY ACT. UH, THERE'S ALSO A NUMBER IN THERE THAT, UH, ARE PUTTING US IN COMPLIANCE WITH THE FEDERAL REGULATIONS THAT WE HAVE VOLUNTARILY ACCEPTED TO HAVE TO ABIDE BY, BY TAKING FEDERAL DOLLARS. SO THOSE ARE ITEMS THAT WE CURRENTLY DIDN'T, WE WOULDN'T HAVE HAD TO DO HAD WE NOT ACCEPTED FEDERAL DOLLARS. THAT DOESN'T MEAN IT'S GOOD OR BAD OR INDIFFERENT, IT'S JUST AN EXTRA STEP OF OF HAVING TO GO SPECIFICALLY TO THE HUB LIST THAT IS CURTAILED AND FIND SPECIFIC FOLKS AND PROVE THAT YOU HAVE REACHED OUT TO THOSE FOLKS IN YOUR, IN YOUR PROCUREMENT PROCESSES. UM, I DON'T WANT TO GET TOO TERRIBLY WIDE BEFORE, YOU KNOW, BEFORE I STOP, BUT THE, THE CHANGE ORDERS IS, IS ANOTHER THING. SO THE, WHAT YOU READ THERE IS AS FAR AS I KNOW, INDUSTRY STANDARD. AND THAT'S BECAUSE, AND IT MAY BE EVEN A STATE LAW THAT THAT LIMITS THE, THE, IF A COUNCIL AUTHORIZES AN EXPENDITURE ON A PARTICULAR ITEM AND IT'S A CONSTRUCTION RELATED ITEM OR WHAT HAVE YOU, AND SOMETHING THAT IS GENERALLY LID TO HAVE CHANGE ORDERS BECAUSE THERE ARE ALWAYS THINGS THAT YOU DON'T ANTICIPATE UNTIL YOU START DOING THE WORK. THEN, THEN YOU CAN, YOU CAN GO UP TO 25% OVER THAT APPROVED, UH, ITEM THAT COUNCIL VOTED ON AND NOT HAVE TO GO BACK OUT TO BID. THAT'S EFFECTIVELY KIND OF WHAT THAT 25% IS. SO CHANGE ORDERS ARE COME INTO THE CITY, GENERALLY SPEAKING, VERY SELDOMLY ARE, ARE CHANGE ORDERS ON BIG PROJECTS BELOW THE $50,000 LIMIT ANYWAY. THEY'RE USUALLY BIGGER AND THEY HAVE TO GO TO COUNCIL FOR APPROVAL. THAT HELPS KEEP THE CONTRACTORS HONEST BECAUSE THEY DON'T WANT TO BE COMING BEFORE COUNCIL MULTIPLE TIMES ASKING FOR MORE MONEY. UH, THAT JUST DOESN'T LOOK GOOD, EVEN IF IT IS NECESSARY. SO GENERALLY SPEAKING, YOU DON'T SEE THEM IF THEY ARE LESS THAN 50, YOU TYPICALLY SEE THEM BUNDLED UP AND BROUGHT IN A BIGGER CHANGE ORDER TO COUNCIL WHERE THE SMALLER CHANGE ORDERS THAT WOULD BE APPROVED BY A CITY MANAGER OR SOMEONE YOU KNOW, DESIGNATED BELOW ME, UM, WHERE YOU WOULD SEE THOSE HAPPEN ARE USUALLY ON THINGS THAT ARE MORE TIME SENSITIVE. SO THERE AREN'T A WHOLE LOT OF THOSE THAT I CAN THINK OF THAT I'VE NEEDED TO DO IN MY CAREER. UM, I THINK ONE TIME THERE WAS, I THINK THERE WAS SOMETHING THAT HAD TO DO WITH LIKE ONE OF THE, ONE OF THE, UM, PLUMBING ISSUES THAT WAS GOING ON AND WE NEEDED TO DO A CHANGE ORDER TO GET THAT ADDRESSED QUICKLY AND IT WAS BELOW AND IT WAS WITHIN THE THRESHOLD. BUT GENERALLY SPEAKING, THE THE CHANGE ORDERS AREN'T SEEN A WHOLE LOT BELOW THE 50,000 LIMIT. BUT WHEN THEY ARE, IT'S USUALLY BECAUSE IT'S A TIMELY ISSUE AND IT'S NOT GONNA BE HELD AND BUNDLED UP. ENGINEERS LIKE TO HOLD AND BUNDLE THEM UP AND THEN BRING 'EM AT ONE TIME. THAT'S USUALLY HOW THAT WORKS. UM, I THINK THE PART ABOUT STAFF HAVING THE RIGHT TO DO WRITTEN BIDS, I DON'T THINK THAT THAT'S MEANT TO BE A REQUIREMENT TO DO WRITTEN BIDS. CAUSE YOU'RE POINTING OUT, I, I BELIEVE IF I UNDERSTAND, LIKE IF YOU'RE DOWN IN THE $3,000 RANGE, YOU CAN JUST, YOU CAN JUST ASK PEOPLE WHAT THEIR, WHAT THEIR RATES ARE AND THAT'S GOOD ENOUGH. UM, YOU DON'T HAVE TO DO A, A WRITTEN BID UNTIL IT GETS OVER A CERTAIN DOLLAR AMOUNT. SO I'M NOT EXACTLY SURE THAT THAT'S, THAT'S TRYING TO SAY THAT EVERYONE HAS TO DO A WRITTEN BID [01:10:01] EVERY SINGLE TIME. IT'S JUST THAT THEY CAN GO GET THE WRITTEN BIDS IS THE WAY I WOULD HAVE INTERPRETED THAT. THEY CAN GO GET THE WRITTEN BIDS IF THEY WANT TO UNTIL IT'S REQUIRED BY THE PURCHASING BAND, IN WHICH CASE THEN YOU HAVE TO, THEN YOU'RE COMPELLED TO. UM, I THINK THERE WAS SOMETHING ELSE, BUT I DON'T THINK I GOT IT WRITTEN DOWN FAST ENOUGH. NOW. THE ONLY OTHER THING I DIDN'T BRING UP, AND I'M NOT TRYING TO BE FACETIOUS HERE MM-HMM. WHO APPROVES LIKE YOUR EXPENSE REPORT. MY EXPENSE REPORT, LIKE I'M SURE YOU HAVE LIKE A CITY CREDIT CARD OR SO IF YOU OH, SO YEAH, SO IT WOULD BE, IT WOULD BE APPROVED AND CHECKED BY FINANCE ULTIMATELY. SO I WILL, I WILL SAY YES, I AUTHORIZE, OBVIOUSLY, YOU KNOW, I SPENT IT, SO I'M NOT GOING TO QUESTION MY OWN EXPENSES GENERALLY SPEAKING, BUT WHENEVER FINANCE GOES TO CODE IT, IF THEY SEE ANYTHING THAT SEEMS INAPPROPRIATE, THEY SHOULD BE FLAGGING IT. AND THAT'S WHERE, UM, I GUESS YOU WOULD BE ASKING, WELL HOW DOES THAT THEN GET TO COUNCIL OR HOW DOES THAT THEN GET REVIEWED? UM, I'M NOT SURE IF THE POLICY SPEAKS TO THAT RIGHT NOW, BUT THE WAY THAT THAT PRACTICE TYPICALLY WOULD HAPPEN IS IF THERE'S AN ISSUE, IT WOULD GET BUMPED BACK TO THE CITY MANAGER AND SAID, YOU KNOW, HEY, THIS DOESN'T LOOK LIKE IT, IT, IT, YOU KNOW, IS APPROPRIATE TO POLICY. AND AT THAT POINT IN TIME YOUR CITY MANAGER'S EITHER GONNA SAY, NO, IT IS, I PROVE IT. GO AHEAD AND, AND SPEND IT ANYWAY. IN WHICH CASE THEY PROBABLY WILL UNLESS THEY FEEL LIKE IT'S A VIOLATION OF A RULE OR A POLICY OR SOMETHING LIKE THAT. SO NOT TO PULL A SKELETON OUTTA THE CLOSET, BUT WE HAD A CFO A WHILE BACK THAT, I MEAN, YOUR WORST ENEMY, YOU WOULDN'T WANT THIS PERSON BOUNCING THEIR BOOKS, RIGHT? SO THEY'RE APPROVING A CITY MANAGER AND SO THIS IS THE WHOLE PERIOD WE RAN OUTTA MONEY. AND SO PART OF ME FEELS LIKE IT COULD JUST BE A QUICK CONSENT AGENDA, BUT EACH MONTH OH, I SEE WHAT YOU'RE SAYING. OR EACH QUARTERLY THAT WE'RE SEEING WHAT YOU SPENT MONEY ON, IT COMES UP, WE JUST VOTE AND PASS IT. UM, YOU CAN GIVE DETAILS CUZ WE TALKED ABOUT HAVING FINANCIAL TRANSPARENCY AND PUTTING THE CHECKBOOK ON THE MM-HMM. WEBSITE. IF WE'RE GONNA DO ALL THAT THEN, BECAUSE JUST IN CASE, IF YOU GO BACK AND LOOK AT OUR FORENSIC AUDIT, I MEAN WE RANG UP LIKE, YOU KNOW, $5,000 AT CHILI'S BECAUSE THE CITY MANAGER'S EATING AT CHILI'S EVERY DAY. MM-HMM. . AND SO SOME OF THOSE, IT'S LIKE IF YOU HAVE A BUSINESS MEETING, AND I GET IT, BUT IF YOU'RE, IF WE BECOME NOW YOUR MEAL TICKET, RIGHT? THAT WE WOULD, BUT AGAIN, IT'S LIKE A LESSON LEARNED IN EVERY, I SAY ALMOST SAID, EVERY COMPANY I'VE EVER WORKED FOR, I'VE ONLY WORKED FOR ONE, SOMEONE ABOVE YOU ALWAYS HAS TO APPROVE THE GUY BELOW. SO I DON'T KNOW WHAT THE REST OF THE COUNCIL THINKS ABOUT THAT. THAT MAY JUST BE ME BEING PICKY, BUT I'D LIKE TO SEE SOMETHING TO WHERE, LIKE I SAID, QUARTERLY YOUR EXPENSE REPORT COMES TO US, WE'RE APPROVING IT, YOU CAN GO AHEAD AND GET PAID. IF WE DENY IT, THEN I GUESS YOU GOTTA REIMBURSE THE CITY. UM, AND SO THAT'LL HELP KEEP YOU GO, MAYBE I SHOULDN'T EAT AT THE $30. UM, LIKE FOR INSTANCE, WE HAD A DEL FRISCO'S EATING OUT AND I DON'T CARE WHAT YOUR DEAL IS, I DON'T THINK YOU SHOULD EVER EAT AT DEL FRISCO'S ON THE CITY DIME. BUT IF YOU HAVE AN EMPLOYEE THAT'S, YOU KNOW, SIGNING OFF ON IT AND THEY'RE GETTING GOOD PAY RAISES, THEY'RE PROBABLY ALWAYS GONNA SAY IT WAS FOR ECONOMIC DEVELOPMENT. YEAH. I I THINK THAT THAT'S CERTAINLY A BIGGER ISSUE WHENEVER THE, THE BOOKS AREN'T OPEN. I DO, YOU'RE RIGHT. IT IS A PROBLEM WHEN THE BOOKS AREN'T OPEN, BUT, UM, I'M MOVING US TOWARD THE DIRECTION OF PUTTING ALL OF OUR TRANSACTIONS AVAILABLE TO BE VIEWED AT ANY POINT IN TIME. SO EVEN IF IN THAT CASE, YOU KNOW, I, I WENT TO DEL FRISCO'S, UH, AND I'M JUST GOING BECAUSE, YOU KNOW, I I LIKE TO EAT, YOU KNOW, , I'M JUST GOING FOR THAT REASON. IF I DO THAT AND I DON'T PUT WHAT THE BUSINESS PURPOSE WAS AND I DON'T DO THOSE TYPES OF THINGS, THEN THAT WOULD BE OUT THERE IN THE PUBLIC. YOU, YOU ALL CAN HOLD ME ACCOUNTABLE, THE PUBLIC CAN HOLD ME ACCOUNTABLE, SO ON AND SO FORTH. BUT, BUT JUST TO BE FRANK, IF YOU CAN'T TRUST ME, YOU KNOW, WITH THAT, YOU SHOULDN'T BE TRUSTING ME WITH THE 20 OR 30 MILLION THAT I'M, AND I'M A MINISTERING OTHERWISE. SO THAT'S WHY I THINK THE TRANSPARENCY MATTERS AND UM, WE WERE JUST MEETING WITH THE SOFTWARE COMPANY TODAY THAT, THAT WOULD HELP US WITH BUDGETING. YOU KNOW, WE'VE TALKED ABOUT TRYING TO IMPROVE BUDGETING FOR THE COUNCIL AND FOR THE PUBLIC TRANSPARENCY AND ALL THAT TOO. AND, AND ONE OF THE THINGS THAT THEY CAN DO ON A REGULAR BASIS IS PROVIDE OUR OPEN BOOKS, UM, WHERE WE DON'T HAVE TO DO LIKE THESE PDF REPORTS AND SO ON AND SO FORTH. IT'S LITERALLY JUST EVERYTHING THAT THE CITY IS SPENDING. YOU CAN GO CHECK, YOU CAN SLICE IT, DICE IT ANY WAY THAT YOU WANT TO AND DO ALL THE RESEARCH THAT YOU WANT. SO, OH, ON THE, UH, CONTRACTING WITH THE, WITH THE EMPLOYEES, I HAVE NO IDEA LIKE THE, THE REAL RATIONALE FOR WHY THAT THAT NEEDS TO LIVE. DOTTY, DO YOU HAVE ANY IDEAS? CAUSE I'M, I DON'T CARE IF THAT GETS CUT, FRANKLY. I SEE WHAT YOU'RE SAYING AND I DON'T NECESSARILY DISAGREE, BUT THERE MIGHT BE A SITUATION WHERE THAT MAKES SENSE AND I JUST CAN'T THINK OF IT. SO WE CAN PULL THAT SECTION OUT AND REVIEW IT AND THEN BRING THAT BACK THAT ALSO, YOU KNOW, WE'VE MENTIONED BEFORE THAT YOUR ETHICS ORDINANCE SAYS NOBODY CAN HAVE A DIRECT INTEREST. SO THAT REALLY KIND OF CONFLICTS WITH WE'VE POINTED OUT. [01:15:01] WE NEED TO REVIEW THAT TOO. SO I'D RATHER JUST STRIKE IT BECAUSE I CAN'T THINK OF A, I CAN'T THINK OF A REAL REASON THAT YOU WOULD NEED TO HAVE THAT PROVISION IN THERE. IF THAT RARE CIRCUMSTANCE COMES UP, LET'S JUST BRING IT BEFORE COUNSEL AND LET COUNSEL CHOOSE TO WAIVE THE POLICY IN THAT PARTICULAR CASE. I WOULD BE FINE STRIKING THAT LANGUAGE COMPLETELY. AND THEN THE REFERENCE TO TWO DASH 1 0 7 SHOULD BE REFERENCE TO TWO DASH 10. OH, OKAY. IN THAT PARTICULAR SECTION IT SAYS THAT HOUSE BILL 1295 AND ANY OTHER, NO BOYCOTT PROVISIONS PASSED BY THE LEGISLATURE. SO IT DOES INCORPORATE THAT. WE JUST NEED TO FIX THE, AND AGAIN, PREFERENCE, IT'S NOT THAT I DON'T TRUST YOU, BUT I DON'T TRUST YOU. AND I ALWAYS TELL COUNCIL MEMBERS DON'T TRUST ME, RIGHT. BECAUSE I DON'T TRUST ANY COUNCIL MEMBERS AND I TELL THE PUBLIC, DON'T TRUST ME AND DON'T TRUST ANYBODY. DON'T TRUST THE GOVERNMENT AND IF THE GOVERNMENT WANTS TO BE TRUSTED, THEN SHOW EVERYTHING. MM-HMM. AND THEN, UM, IT'S JUST, I FEEL LIKE, UM, WE WERE TOLD IN AN INTERVIEW A CITY MANAGER AGO THAT I'M GONNA PUT THE CHECKBOOK ON THE WEB AND YOU GUYS GONNA LOVE IT. AND I WAS LIKE, I LIKE THIS GUY. MM-HMM. . AND THEN A YEAR, 14 MONTHS LATER, CHECKBOOK STILL WENT ON THERE. AND SO WHEN I SEE AN OPPORTUNITY TO PUT SOMETHING IN, I'M GOING, RIGHT, IF YOU SAY YOU'RE GONNA DO IT, THEN WE CAN PUT IT IN HERE AND THEN WHEN YOU DO DO IT, THEN IT'S OKAY. AND STRONG CONTRACTS MAKE STRONG FRIENDS AND SO YOU'LL KNOW OUR EXPECTATIONS. POTENTIALLY OURS, THEY MAY VOTE NO AND THEN THE PUBLICS AND THEN, UM, YOU'LL KNOW THE PUBLICS AND THE PUBLIC WILL KNOW YOU AND THEN EVERYBODY'S HAPPY. I ALWAYS GET NERVOUS WHEN WE GET INTO THESE THINGS WHERE, CUZ WE HEARD IT BEFORE, UM, A LOT, WELL I THOUGHT IT SAID THIS AND MY INTERPRETATION'S THIS. AND SO I TRY TO MAKE SOME OF THESE THINGS BE MORE BLACK AND WHITE. SURE. JUST BECAUSE I'M LITERAL AS A PERSON, BUT ALSO BECAUSE I DON'T WANT US TO GET INTO LAWSUITS OR THINGS BECAUSE WE START HAVING HARD FEELINGS THAT YOU THINK WE'RE DOING SOMETHING WE SHOULDN'T BE AND WE THINK YOU'RE DOING SOMETHING. MM-HMM. , UM, OR THE PUBLIC OR WHOEVER. UM, SO THAT'S THE ONLY TIME I BRING UP. IT'S NOTHING AGAINST YOU, IT'S JUST A YEAH, SURE. I I DON'T TAKE IT PERSONALLY AND I I I MEAN WE'RE JUST TALKING ABOUT WHAT'S, WHAT'S BEST MANAGEMENT AND WHAT'S JUST GOOD BUSINESS SENSE. RIGHT. SO, SO IF YOU WANNA ADD ONE, I WOULD LIKE THE POLICY TO GET ADOPTED BECAUSE I HAVE STOPPED ALL OF THE PROCUREMENT PROCESSES UNTIL COUNCIL TAKES ACTION ON THIS. SO THAT'S ONE THING TO NOTE. BUT THAT SAID, IF COUNCIL FEELS CONFIDENT, BEING ABLE TO STRIKE THAT LANGUAGE THAT WE, WE TOOK EXCEPTION TO, AND IF YOU WANT TO ADD IN LANGUAGE THAT, THAT THE PURCHASING POLICY REQUIRES THAT, YOU KNOW, WE HAVE THE, THE OPEN BOOKS. UM, I'M FINE WITH THAT TOO BECAUSE I'M GOING THAT WAY ANYWAY. SO IT, IT REALLY IS NO SKIN OFF MY NOSE. IF YOU PUT IT IN NOW, HOW MUCH TIME? WHAT'S THAT? I SAID I LIKE THE WAY YOU THINK. YEAH. IT, IT HOW MUCH TIME IT'S GONNA TAKE ME. THAT'S SOMEWHAT DEPENDENT ON HOW FAST I CAN GET THROUGH THE PROCUREMENT PROCESS FOR THE SOFTWARES AND HOW FAST I CAN GET THEM IMPLEMENTED. BUT THAT SAID, UM, THAT'S THE DIRECTION I'M GOING REGARDLESS. SO. WELL IF THAT'S THE CASE THEN I MAYOR I WOULD LIKE TO MAKE A MOTION TO APPROVE 9.3 AS PRESENTED WITH THE AN AMENDMENT RECOGNIZING THERE MAY BE ADDITIONAL AMENDMENTS , BUT AT LEAST WITH AN AMENDMENT THAT WE STRIKE ALL LANGUAGE FROM SECTION ONE DASH 1 0 8 BEGINNING WITH THE CITY MAY CONTRACT FOR GOODS AND SERVICES WITH AN EMPLOYEE THROUGH THE END OF THAT SECTION. DO I CAN ASK A FRIENDLY MINUTE? DOES IT NEED TO SAY THE CITY CAN'T BECAUSE IT NOT BEING IN THE POLICY DOESN'T SAY YOU CAN'T DO IT. OH YEAH, THAT'S, SURE. YEAH. SO THAT'S EVEN EASIER. SO THEN CANNOT, UNLESS AUTHORIZED BY THE SEATTLE IS A, IS NOT AS STRONG ENOUGH WORD IT THE CITY MAY NOT, HOW ABOUT THAT? YOU JUST ADD A NOD IN THERE. SHALL NOT, SHALL NOT, SHALL, SHALL NOT. THAT DOESN'T GET CROSSED AWAYS WITH ME BEING CONTRACTED, RIGHT. ? NO. OKAY, JUST MAKING SURE. OKAY, SO THEN, YEAH, SO THEN MY AMENDMENT WOULD READ, UM, UH, IN THE PARAGRAPH, THE CITY THAT CURRENTLY SAYS THE CITY MAY CONTRACT IT SHOULD NOW READ THE CITY SHALL NOT CONTRACT. AND THEN WE'LL ALSO REVIEW TO SEE WHY YOU MIGHT WANNA PUT SOMETHING IN THERE IF YOU DIRECT US TO, OKAY, I'LL SECOND THAT AND I'LL ADD THE AMENDMENT. THE CHANGE FOR THE 2107 ON PAGE 29, WHATEVER. I FORGOT WHAT YOU SAID. IT WAS TWO DASH ONE ZERO AND THAT'S JUST A CLERICAL ERROR. SO THAT DOESN'T NEED AN AMENDMENT. I THINK IT'S NOT THAT. AND THAT WE UH, WE PUT IN A POLICY THAT, UM, BY NO LATER THAN LET'S SAY MARCH 1ST, UM, THE CITY, I DON'T KNOW WHAT THE PROPER LANGUAGE, BUT BASICALLY I WANT THE CITY TO HAVE THE ENTIRE CHECKBOOK UP ON THE WEBSITE. UM, I WOULD SAY THAT, I WOULD SAY THAT HE MUST COME BACK WITH, UH, AN, AN APPROVAL [01:20:01] CUZ WE'RE GONNA HAVE TO APPROVE THE EXPENDITURE OF THE PROCESS DEPENDING ON HOW MUCH. SO I WOULD SAY THAT HE COMES BACK WITH A A, UH, BY MARCH THAT WE'RE WHAT, WHAT WE'RE ADOPTING TO PUT ONLINE. WELL, AND I WANT IT IMPLEMENTED BY MARCH 1ST. THAT MAY NOT BE POSSIBLE THOUGH. IT'D HAVE TO COME BACK IN FEBRUARY OR JANUARY. WE'VE GOT FOUR MONTHS. YEAH. SO WHAT I WOULD PREFER IS THAT YOU JUST PUT IN THE POLICY THAT IT'S REQUIRED THAT THE, THAT THE, THAT THE, THE FINANCIALS BE PRESENTED ON THE, HOWEVER YOU'RE WORDING IT. I'M, I'M NOT THINKING OF THE RIGHT WORD. THE YOU'RE SAYING THE CHECKBOOK, BUT THAT'S NOT ACTUALLY WHAT YOU MEAN. BUT I KNOW WHAT YOU MEAN. YOU'RE TALKING ABOUT ALL THE TRANSACTIONAL HISTORY BE AVAILABLE, BODY KNOWS WHAT I MEAN. YOU, YOU HAVE A FISCAL AND BUDGETARY POLICY, WHICH THAT, UH, LANGUAGE WOULD GO BETTER IN THERE BECAUSE YOU'RE NOT, IT'S NOT PART OF THE BUYING STUFF THAT WE'RE DOING. IT'S NOT PART OF THE PURCHASE. I SEE. WE, I CAN BRING IT BACK FOR YOU TO AMEND IT. BUT MY POINT WAS IS THAT YOU PUT THAT IN THE POLICY THAT IT'S REQUIRED THAT IT BE POSTED ON THE WEBPAGE THEN, THEN Y'ALL JUST SET WHAT YOUR EXPECTATIONS ARE WITH ME. I DON'T, I DON'T WANNA GO PUT THAT INTO THE POLICIES PER SE THAT IT'S DUE BY MARCH 31ST, 2023. CUZ THAT'S A ONE OFF THING. WELL ALL YOU WOULD WANT IS THE LANGUAGE TO SAY THAT IT'S REQUIRED AND THEN Y'ALL DIRECT ME THAT IT NEEDS TO BE DONE BY MARCH OF 2023. I HEAR YOU. BUT A YEAR AGO WE SAID WE WANTED A REVIEW OF THE PERSONNEL POLICY MM-HMM. AND THAT WAS LIKE 8 15, 18 MONTHS AGO. AND, AND SO I FEEL LIKE IF WE DON'T PUT DEADLINES ON GOVERNMENT THAT WE JUST SAY WE WANT YOU TO DO IT, THEN NEXT THING YOU KNOW, IT'S LIKE MAY AND THEN I HAVE TO REMEMBER THAT MAY OR JUNE. SO IF IT'S NOT RIGHT IN THIS POLICY, THAT'S FINE. WE CAN BRING THE OTHER POLICY BACK AND BY THEN YOU'LL HAVE THE PROCUREMENT POLICY, YOU'LL HAVE BE ABLE TO ASK THEM, HOW SOON CAN I GET THIS? MM-HMM. , BUT I'M KIND OF MOVING TOWARDS DEADLINES AND CAPS ON SPENDING ON EVERYTHING BECAUSE UNTIL WE GET LIKE ROADS GOING AND CURBS BOARD AND SOMETHING DONE THAT I WANT EVERYBODY BASICALLY IN THE WHOLE CITY HALL AND UP HERE TO GO, WE GOTTA DO SOMETHING BECAUSE WE ONLY HAVE THREE MONTHS OR THREE WEEKS TO DO SOMETHING IF WE JUST SAY WE'RE GONNA DO IT. IT'S LIKE WE NEVER GET IT DONE. IT HAS TO BE A DEADLINE. UM, BUT I GET IT. IT'S BETTER FOR A DIFFERENT POLICY. SO SO THAT AMENDMENT YEAH. YEAH. IT'LL TAKE THE AMENDMENT OUT. OKAY. BUT I'LL SECOND YOUR MOTION. AND SO ON THE, ON THAT 1 1 0 8 SECTION, IF YOU CHANGE IT TO THE CITY MAY NOT CONTRACT, IT DOESN'T ACTUALLY MAKE SENSE TO LEAVE THE ENTIRE SECTION INTACT. IT SEEMS TO MAKE SENSE TO DELETE EVERYTHING AFTERWARDS SAYS AS DEFINED BELOW, DELETE EVERYTHING THERE THROUGH UH, POINTS 1, 2, 3, AND FOUR AND THEN LEAVE IN EVERYTHING FOR THE PURPOSE OF THIS PROVISION BECAUSE THAT DEFINES THE OWNERSHIP. SURE. SO, SO IT'S A LITTLE MORE OF A DELETION OF KIND OF THE MIDDLE SECTION OF THAT. YOU'RE SAYING TAKE OUT 1, 2, 3, AND FOUR OF THAT. WELL, IT'S ALSO TAKE OUT THE PORT PART THAT SAYS ONLY WITH STRICT ADHERENCE TO ETHICAL AND CONFLICT OF INTEREST REQUIREMENTS. CUZ THAT'S ABOUT HOW TO GO AHEAD AND ALLOW THE PURCHASING STARTING ONLY WITH STRICT RIGHT. AND THEN WE'RE PUTTING UP THERE WHATEVER THOSE STRONG LANGUAGES THE CITY SHALL NOT OR MA WHATEVER IT IS, RIGHT? CITY. YEAH. CITY SHALL NOT CONTRACT AND THEN TAKE OUT ONLY WITH RESTRIC ADHERENCE ALL THE WAY THROUGH 0.4 AND THEN LEAVE IN EVERYTHING FROM, FOR THE PURPOSE OF THIS PROVISION THROUGH THE END OF THAT SECTION. ARE YOU OKAY WITH THAT AMENDMENT? MM-HMM. . OKAY. I AM SO I MAY HAVE MESSED UP. I WAS SAYING SOMETHING, BUT YOU ACTUALLY SECONDED IT, RIGHT? CORRECT. YEAH. SO IT'S NO REASON FOR ME TO SAY ANYTHING. ALL RIGHT. SO THEN WE HAVE THE MOTION BY COUNCILMAN CLARK AND SECONDED BY MAYOR PROTE GORDON AMENDING IT BY TAKING OUT THE EMPLOYMENT LANGUAGE, STARTING WITH ONLY WITH STRICT ADHERENCE AND 1, 2, 3, 4, AND ADDING IN THE SHALL NOT. DOES THAT SOUND RIGHT? SIR? IS THERE ANY OTHER CHANGES OR QUESTIONS PEOPLE HAVE OF ALL RIGHT. HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER CALLER AYE. COUNCIL MEMBER THORNTON. AYE. MAYOR TIM GORDON. AYE. MAYOR SCHNEIDER. AYE. COUNCIL MEMBER CLARK. AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER KINZIE AYE. MOTION PASSES. SEVEN ZERO. OKAY, THAT BRINGS TO ITEM TEN ONE MAYOR COULD A APPOINT, COULD YOU CONSIDER THE PASSING IT ON FIRST READING, DISPENSING WITH SECOND READING? YEAH, I WAS GONNA SAY 9.3 THERE WAS AN, A MATTER WAS IS THAT A MOTION? YES, SIR. MOTION BY COUNCIL MEMBER MCKENZIE TO DISPENSE IT. A SECOND. READING. SECOND. SECOND BY COUNCIL MEMBER THORNTON. ANY DISCUSSION ON THAT ONE? DISPATCH. AND JUST SO THE RECORD'S CLEAR, IT'S WITH THE CHANGE FROM THE FIRST PASSAGE. YEAH. OKAY. ALL RIGHT. HEARING NO OTHER DISCUSSION, PLEASE CALL THE VOTE COUNCIL MEMBER KINZIE AYE. MAYOR FOR TIM GORDON. AYE. COUNCIL MEMBER KOLAR AYE. COUNCIL MEMBER CLARK AYE. COUNCIL MEMBER THORNTON AYE. [01:25:01] COUNCIL MEMBER SUTTON AYE. MAYOR SNYDER. AYE. MOTION PASSE. SEVEN ZERO. OKAY, THAT BRINGS ITEM [10.1. Consideration and possible action relating to Hutto City Code Article 2.05, Division 2 Financial Disclosure relating to preemption by state law or suspension of the application of filing a financial disclosure while reviewing necessary amendments.] TEN ONE CONSIDERATION POSSIBLE ACTION, UH, RELATING TO HU CITY CODE ARTICLE 2.05, DIVISION TWO FINANCIAL DISCLOSURE RELATING TO PREEMPTION BY STATE LAW OR SUSPENSION OF THE APPLICATION OF FILING A FINANCIAL DISCLOSURE WHILE REVIEWING NECESSARY AMENDMENTS. SO I THINK THIS STARTED TO COME UP BASED ON A CONVERSATION SINCE IT SAYS LEGAL. I THINK WHAT I, IF I REMEMBER CORRECTLY, THEIR ORDER, UM, I HAD ASKED FOR, UM, BASED ON PUBLIC STUFF, I'D ASKED WHERE WE'RE AT WITH OUR FINANCIAL DISCLOSURES. AS I WAS READING WHEN SOMEONE ASKED ME ABOUT IT, THE MORE I READ, THE MORE I REALIZED I DON'T THINK WE'RE FOLLOWING IT EXACTLY BECAUSE SOME OF THE THINGS WE'RE SUPPOSED TO DO, OR EVEN IF YOU RUN FOR OFFICE, YOU HAVE TO FILL THIS OUT. THEN THE CITY SECRETARY'S REQUIRED TO SEND IT OUT, WHICH I DIDN'T GET IT SENT TO ME. AND THEN, UM, THE CITY SECRETARY'S ALSO SUPPOSED TO SEND A LIST OF WHO DID EVERYTHING TO THE CITY ATTORNEY, WHO THEN I THINK CERTIFIES. AND SO IN TALKING TO CITY MANAGER, UM, HE SAID, HEY, I DIDN'T EVEN KNOW ABOUT THIS. AND SO HE DID IT. AND I SAID, MY, MY WHOLE THING IS MAYBE WE NEED TO LOOK AT IT, SEE IF WE NEED TO ADD ANYTHING, TAKE ANYTHING OFF, UM, REFRESH EVERYBODY UP HERE, THE PUBLIC SO THAT PEOPLE RUNNING FOR OFFICE WILL KNOW THAT, HEY, POTENTIALLY IF THIS, IF THIS ORDINANCE IS HERE, WE HAVE TO, I'D HAVE TO DISCLOSE EVERYTHING LIKE I WAS ON CITY COUNCIL. UM, SO THAT'S KIND OF WHAT LED TO THIS. SO I HAD REACHED OUT TO THE CITY ATTORNEY, UM, BRINGING UP THE, THAT I HAD READ THE, CUZ I'VE TAKEN OATH ON THE STATE CONSTITUTION LOOKING AT WHAT THE STATE CONSTITUTION SAID AND THAT IT, BECAUSE THIS REPLIES TO ELECTION LAW AND EVERYTHING THAT IT SAID THAT YOU COULD ONLY APPLY IT TO A CITY WHEN YOU'RE OVER A POPULATION OF A HUNDRED THOUSAND. SO I HAVE SUBMITTED MINE, BUT I, I ASKED, UM, THE CITY ATTORNEY AND I SAID, WELL, WHAT LEVEL OF DISCLOSURE ARE WE ALLOWED TO DO? CAN WE BE MORE RESTRICTIVE THAN THE STATE LEVEL OR WHATEVER? AND AT THIS TIME WE WERE GIVEN RECOMMENDATION BY OUR, UH, CITY ATTORNEY THAT WE NEED TO SUSPEND IT UNTIL WE CAN FIND OUT WHETHER THERE IS, WHAT A LEVEL OF FINANCIAL DISCLOSURE WE CAN DO AS A HOME RULE CITY AUTHORITY BECAUSE OF STATE ELECTION LAWS. BECAUSE IT'S VERY CLEAR, IT DOES NOT GIVE AN EXCEPTION FOR LESS THAN A HUNDRED THOUSAND. IT SAYS OVER A HUNDRED THOUSAND ONLY. AND IN EVERY OTHER CASES WHERE IT ALLOWS YOU TO, UM, A A LESS THAN A NUMBER, IT SAYS LIKE A ANOTHER CITY IF YOU'RE LESS THAN IT GIVES SOME PROVISION THAT THEY COULD SET THEIR OWN POLICY. THE STATE CONSTITUTION DOES NOT PUT THAT IN ANYWHERE IN THE CONSTITUTION. IT ONLY SPECIFIES GREATER THAN A HUNDRED THOUSAND. SO LEGAL HAS ADVISED US TO SUSPEND IT UNTIL THEY CAN DO MORE RESEARCH BECAUSE WE'RE TECHNICALLY IN VIOLATION. UM, SO THAT'S WHERE THIS CAME FROM. THAT'S WHY THE LANGUAGE IS WRITTEN THE WAY IT IS. UM, AND AND TO THE MAYOR'S POINT, YES, THE WHOLE, UH, THE WAY OUR CURRENT ONE IS DONE IS BROKEN. THE THE TIME SAYS THE EARLIER OF TWO DATES. SO I MEAN, NOBODY WAS NOTIFIED EVEN IN THIS LAST ELECTION. NOBODY TURNED IT IN AT THE CORRECT TIME ACCORDING TO WHAT THE CHARTER IS NOT A SINGLE PERSON UP HERE, NO ONE DID BECAUSE THE DATE WAS MARCH 18TH THAT IT WAS DUE. IF YOU READ THE CITY CHARTER OF THE ORDER OF HOW IT WAS SUPPOSED TO BE DONE, AND NO ONE TURNED IT IN UNTIL MAY BECAUSE IT SAYS THE EARLIER OF, UH, FIVE DAYS BEFORE THE ELECTION OR 20 DAYS AFTER THE FILING PERIOD, THE EARLIER DATE WOULD BE 20 DAYS AFTER THE FILING PERIOD. AND THE FILING PERIOD WAS FEBRUARY 18TH AND NO ONE WAS NOTIFIED. SO NOBODY DID IT BY MARCH 10TH. AND ALSO YOU CAN'T EVEN GET YOUR K ONE S BEFORE MARCH 15TH. AND SO THERE'S MANY WAYS THAT EVEN WITH OUR DATE, IT WOULD BE IMPOSSIBLE TO EVEN MEET THE DEADLINES. SO IT'S AN HONORS, THE ONE THAT WAS WRITTEN. SO I REACHED OUT TO HER AND SAID, HEY, WE NEED TO CLEAN THIS UP. WHAT CAN WE DO? AND I SAW THIS IN THE STATE LEGISLATURE AND THEN THE CITY ATTORNEY HAS COME BACK WITH, UH, A NOTICE TO THE COUNCIL THAT WE NEED TO SUSPEND IT AT THIS TIME UNTIL WE CAN FIGURE OUT WHAT WHAT WE'RE ALLOWED TO DO AND BE IN COMPLIANCE WITH STATE LAW AS WELL. UM, AND IT MAY BE REQUIRED THAT, YOU KNOW, WHO KNOWS, MAYBE IT REQUIRES THAT WE CAN'T DO IT BY ORDINANCE, BUT WE HAVE TO UPDATE THE CHARTER. SO THEN IT'S UNDER A HOME RULE, CHARTER RULE OR SOMETHING. I DON'T, WE DON'T KNOW. BUT FOR RIGHT NOW, UM, IS THE WAY I UNDERSTAND IT FROM THE LEGAL, UH, BRIEF THAT WE RECEIVED. SO I DID SOME RESEARCH TOO, OKAY. ACTUALLY CALLED TML, UM, AND TALKED TO THEM. AND SO I GET WHAT YOU'RE SAYING, IT SAYS SOMETHING TO THE EFFECT OF A CITY OVER A HUNDRED THOUSAND SHALL DO SOMETHING, BUT IT'S COMPLETELY SILENT ON ANYTHING UNDER. AND SO IF YOU TAKE THE, IF YOU TAKE IT THAT, BECAUSE IT DOESN'T [01:30:01] SAY WE CAN, THEN WE CAN'T, THEN THAT MEANS THERE IS NO AMENDMENT TO BE DONE, THERE'S NOTHING TO BE DONE. WE JUST DON'T DO FINANCIAL DISCLOSURES IN CITIES UNDER A HUNDRED THOUSAND. AND THE CONSTITUTION SAYS IN ARTICLE 11, SECTION FIVE, THAT THIS IS FOR CITIES OF MORE THAN 5,000 POPULATION, THAT THE ADOPTION OR AMENDMENT OF CHARTERS IS SUBJECT TO SUCH LIMITATIONS AS MAY BE PRESCRIBED BY THE LEGISLATURE. THERE IS NO LIMITATION ON THIS. IT'S JUST A MUST DO OVER A HUNDRED THOUSAND AND NO CHARTER OR ANY ORDINANCE PASSED UNDER SAID CHARTER SHALL CONTAIN ANY PROVISION INCONSISTENT WITH THE CONSTITUTION OF THE STATE OR OF THE GENERAL LAWS ENACTED BY THE LEGISLATURE OF THIS STATE. AND SO I'D ARGUE VERY STRONGLY THAT NOWHERE DOES, DOES THE CITY OF HU'S ORDINANCE REQUIRING YOU TO DO FINANCIAL DISCLOSURES? IT'S NOT INCONSISTENT WITH THE CONSTITUTION BECAUSE YOU'RE TALKING ABOUT A LAW. AND THE ONLY THING THAT THE LAW SAYS IS THAT IT HAS TO BE DONE IN A CITY OVER A HUNDRED THOUSAND. AND ALL WE DID WHEN WE DID THIS ADOPT THIS ALMOST THREE YEARS AGO WAS WE ADOPTED THE EXACT SAME REGULATIONS THAT A CITY OVER A HUNDRED THOUSAND HAD TO DO. AND, AND THAT'S ALL WE DID. AND SO EVERYTHING THAT'S ONEROUS, IT'S WHAT ROUND ROCK NOW HAS TO DO. IT'S WHAT, UH, AUSTIN PEOPLE HAVE TO DO. THE ONLY THING I WOULD LIKE TO ADD TO IT IS NOT JUST THE CITY MANAGER, BUT I'D LIKE TO ADD THE ASSISTANT CITY MANAGER. I'D ALMOST LIKE TO ADD THE CFO BECAUSE, AND EVEN THE CITY ENGINEER, BECAUSE WE KEEP HAVING THINGS POP UP TO WHERE WE JUST SPENT 1,000,002 LAST YEAR ON STUFF THAT I HAD NO IDEA WE SPENT IT ON. AND BE NICE TO KNOW THAT PEOPLE HAVE TO GO OUT AND DO THIS. AND IN TALKING TO THE CITY MANAGER, OTHER CITIES ACTUALLY REQUIRE THAT. UM, AND SO IF IT'S GOOD ENOUGH FOR THE STATE AND IT'S GOOD ENOUGH FOR BIG CITIES, AND I UNDERSTAND DIA'S POSITION, IT, IT'S OPEN FOR INTERPRETATION. ONE COULD ARGUE. AND SO I SAY, THEN LET'S BRING IT TO THE ATTORNEY GENERAL'S OFFICE BECAUSE FOR 250 BUCKS IN A LETTER, IF WE GOT THAT BIG OF A CONCERN, UH, THE LAST THING I'D SAY IS I DON'T MIND PASSING IT. AND SOMEONE WHO WE REQUIRE TO FILL IT OUT WANTS TO FILE A SUIT BECAUSE THEY THINK IT'S SO TERRIBLE THAT WE'RE REQUIRING IT, I DON'T MIND HAVING A LAWSUIT OF IT BECAUSE I THINK TRANSPARENCY IS THE ONE THING IN GOVERNMENT WE'RE LACKING. AND SO, UM, IF THE GOVERNMENT ACT, THE LEGISLATURE ACCIDENTALLY LEFT OUT UNDER A HUNDRED THOUSAND, I DON'T THINK THAT WAS THEIR INTENT. THAT YOU DON'T HAVE TO DO ANY, BUT YOU CAN'T DO SOME IF YOU READ IT THAT YOU CAN'T DO IT EITHER CAN DO IT HOWEVER YOU WANNA DO IT UNDER A HUNDRED THOUSAND OR YOU CAN'T. AND SO I'M STICKING WITH WE CAN WELL I I WANNA DEFER TO WHAT LEGAL HAS SAID, BUT I WANTED DOTTY, DO YOU HAVE ANY? AND, AND SO HOW I READ IT IS IT TURNS ON THE WORD ONLY 100,000. AND THAT'S WHAT I PUT IN MY MEMO IN 2003 WHEN THIS CAME BEFORE THE LEGISLATURE, IT WAS HOTLY DEBATED THAT CITIES UNDER HUNDRED THOUSAND DID NOT WANNA FILL OUT THAT FORM. IT WAS, UM, SOMETHING THAT WAS UM, THAT'S THE REASON WHY ONLY'S IN THERE AND THAT'S WHY I SAID THAT IT'S DIFFERENT FROM A LAW WHEN YOU HAVE A POPULATION CATEGORY, IT WOULD GO ON TO SAY CITIES UNDER THAT MAY ADOPT AN ORDINANCE. THEN YOU HAVE THE PROBLEM OF WHAT FORM SHOULD YOU USE WHEN YOU HAVE A STATE LAW THAT HAS A CRIMINAL PENALTY OF CLASS B AND YOU ENACT AN ORDINANCE BASED ON A STATE LAW, YOUR ORDINANCE SHOULD MIRROR THE STATE LAW. SO THERE'S A, THERE IS AN ISSUE WITH ADOPTING AN ORDINANCE, UH, BASED ON A STATE LAW, WHICH CARRIES A CRIMINAL PENALTY OF A CLASS B MISDEMEANOR FOR A CITY. SO I THINK THAT'S WHY I'M RECOMMENDING SUSPENSION TAKE A LOOK AT IT. UH, PERHAPS WE SHOULDN'T USE THAT FINANCIAL DISCLOSURE FORM. YOU NEED TO DECIDE WHO YOU WANNA APPLY IT TO AND UM, MAKE THE RULES TO WHERE THEY CAN BE FOLLOWED BECAUSE THERE IS KIND OF A DISCONNECT ON WHEN THINGS ARE DUE. DONE SIGNED IS A DISCONNECT. IT JUST SOUNDS LIKE WE WEREN'T, WE WEREN'T FOLLOWING WHAT IT SAID. SO IF WE GET NOTIFIED WHATEVER IT IS IN MARCH OR WHENEVER, AND IT SOUNDS LIKE IT'S AN EASY THING, WE GET NOTIFIED WE HAVE SO MANY DAYS AND WE FILL IT OUT. UM, I'LL BE HONEST, IT'S A NIGHTMARE FILLING IT OUT. BUT, BUT MY, MY QUESTION TO YOU MY EXACT POINT, HOW COULD YOU, BECAUSE IT SAYS IF YOU'RE A CANDIDATE, YOU CANNOT ASK FOR AN EXTENSION. SO IF YOU HAVE LIKE A K ONE, THAT FEDERAL LAW DOES NOT REQUIRE IT TO BE SENT OUT UNTIL AFTER SEPTEMBER 15TH. AND BECAUSE OF WHEN WE HAVE OUR ELECTION DATES, WE WILL BE IN OF THAT FOR EVERY PERSON WHO EVER RUNS WILL NOT BE ABLE TO FILL OUT THE, WHAT'S [01:35:01] A K ONE, WHAT DOES THAT HAVE TO DO WITH ANYTHING? A K ONE'S JUST SHOWING YOUR OWNERSHIP AND INCOME YOU'RE GONNA HAVE, BUT YOU HAVE TO LIST THOSE AS PART OF THE DISCLOSURE. YOU'RE GONNA HAVE A GENERAL, THE RANGE IS LIKE IF YOU OWN ZERO TO 5,000 SHARES OR 5,000 TO 25,000 SHARES, IT'S NOT ASKING FOR EXACT DOLLAR AMOUNTS. I MEAN IT'S, I WOULD SAY THIS, EVERYBODY WHO RUNS FOR OFFICE HAS THAT. IF YOU WANT TO CHANGE THAT PART, UM, I, I DON'T HAVE A, I DON'T HAVE A PROBLEM WITH THAT, BUT I, I DON'T, NO, I JUST THINK IT NEEDS TO BE IN THE CANDIDATE PACKET CUZ IT WASN'T IN THE CANDIDATE PACKET. TOTALLY AGREE. IT NEEDS TO BE, YOU KNOW, THOSE KINDS OF THINGS. BUT WE ALSO GOTTA FIND OUT BECAUSE OF THE WORD ONLY IF IT MEANS WE CAN'T DO IT OR WE HAVE TO COME UP WITH OUR OWN, THAT CAN'T BE THAT FORM, YOU KNOW? AND THEN WE GOTTA FIGURE OUT WHAT LEVEL THAT NEEDS TO BE AND YOU KNOW, RIGHT. CAUSE RIGHT NOW IT'S SUPPOSED TO BE EDC. I'VE BEEN ASKING, YOU KNOW, UH, AT THE EDC MEETINGS, YOU KNOW, DO PEOPLE HAVE THEIR DISCLOSURE FORMS IN? CUZ I KNOW THAT YOU AND I DID THEM, BUT YOU KNOW, UM, SO YOU KNOW, DO YOU THINK THEY NEED TO BE INVOLVED? THE EDC? YEAH. YEAH, ABSOLUTELY. WHAT ABOUT PZ? NO, BECAUSE THEY'RE NOT DEALING WITH MONEY. BUT THE DEAL THAT, BUT I COULD BUY OFF A PNC BECAUSE IF PZ, IF PZ VOTES AGAINST IT, IT STILL COMES TO COUNCIL FOR FINAL ADOPTION. WHEREAS A LOT OF THINGS IN THE EDC DON'T NECESSARILY BECAUSE THEY'RE ACTUALLY CONTROLLING TAX DOLLARS. THAT'S WHY I NEVER THOUGHT P AND Z SHOULD BE INVOLVED IN IT. PLAS DON'T COME TO THE CITY COUNCIL. WELL THAT CHANGED NOW. SO. RIGHT. AND SO THERE'S THINGS YOU CAN PUT, LET'S SAY THERE'S AN IMPERVIOUS REQUIREMENT THAT'S IN A PLA THAT WOULD BE VERY ONEROUS AND EXPENSIVE, BUT IF YOU SLIPPED A PERSON $5,000 OR A PERSON WORKED FOR THE COMPANY, THEN MAYBE THEY COULD GET THAT REMOVED. BUT IF THEY'RE THAT UNETHICAL, THEY WOULD LIE ON THE FORM ANYWAY. SO YOU'RE GOING TO JUST PREVENT PEOPLE FROM WANTING TO SERVE THE COMMUNITY CUZ THEY'RE NOT AN ELECTED PERSON. IT GIVES, TO ME, IT GIVES, IF YOU'RE MAKING DECISIONS FOR A COMMUNITY BUILDING, APPROVING HOTELS AND PLOTS LIKE THAT BY COMMUNITIES, THIS THING ABOUT IT PREVENTS PEOPLE FROM WANTING TO SERVE THE COMMUNITY. I I'VE HEARD THAT BEFORE WHEN WE DID THIS BEFORE, I HEARD THAT A LOT. I EVEN HEARD THAT A CITY MANAGER HAD TO FOLLOW THIS, THEY WOULDN'T DO IT. IN FACT, OUR CITY MANAGER SAID THEY WERE GONNA QUIT RIGHT AFTER WE PASSED THIS LAST TIME. AND I THOUGHT THAT'S CRAZY. AND SO TO ME, IF YOU'RE NOT DOING ANYTHING WRONG AND YOU WANNA SERVE THE PUBLIC AND THE PUBLIC WANTS TO KNOW WHAT YOU'RE DOING, THEN IN MY MIND THAT THAT'S AN EASY ONE. IF YOU'RE A PERSON THAT DOESN'T WANNA FILL IT OUT, I THINK IT SERVES TWO PURPOSES. IF YOU SAY YOU OWN A BUNCH OF STUFF AND YOU SAYING YOU'RE A SUCCESSFUL PERSON, THEN YOU'RE PUTTING THAT ALL IN THERE AND THEN THE PUBLIC'S GONNA, THEY'RE GONNA DIG THROUGH IT IN CHECK AND IF YOU'RE LYING THEN THEY'RE GONNA FIND THAT OUT WHEN YOU'RE RUNNING FOR OFFICE, IF YOU ARE DOING STUFF AND GETTING AN INCOME AND IT'S NOT IN THERE AND PEOPLE FIND OUT, THEN YOU VIOLATE IT. AND SO WHATEVER WE DO ON THE FORM, IT DOESN'T MAKE YOU BE HONEST, IT JUST MAKES IT WHEN THE PUBLIC FINDS OUT YOU WERE DISHONEST, NOW THERE'S SOMETHING TO TRIGGER TO DO THAT IF WE DON'T HAVE TO FILL THIS OUT, THEN YOU COULD SAY ANYTHING YOU WANT AND NO ONE CAN, YOU CAN'T BE HELD ACCOUNTABLE UNLESS YOU HAVE A SPECIFIC, UM, CONFLICT OF INTEREST THAT YOU DO. BUT I DON'T MIND CHANGING SOMETHING, UM, TO HELP WITH THE POTENTIAL K ONE IF SOMEONE DIDN'T KNOW WHAT WAS GOING ON. I MEAN I COULD SEE THAT BEING AN ISSUE CUZ I DON'T KNOW EXACTLY HOW MUCH INCOME COMES ON SOME K ONE S UNTIL I GET 'EM. AND YOU'RE RIGHT. WELL I WEIGH IN A LITTLE BIT. SO SOMETIMES I KNOW WHAT RANDALL'S SAYING AS FAR AS PEOPLE FEELING UNCOMFORTABLE IS YOU HAVE TO INCLUDE YOUR DEPENDENTS, SO YOUR CHILDREN AND CHILDREN'S NAMES. SO SOMETIMES IT'S NOT ABOUT TRYING TO WITHHOLD OR HIDE FINANCIAL. SOMETIMES PEOPLE ARE JUST UNCOMFORTABLE PUTTING THEIR CHILDREN'S NAMES AND MINORS AND THINGS LIKE THAT ON THOSE TYPE OF DOCUMENTS. NOT THAT THEY'RE TRYING TO BE SHADY OR HIDE ANYTHING. IT JUST MAKES PEOPLE UNCOMFORTABLE. UM, WHENEVER YOU START TALKING ABOUT THEIR CHILDREN AND PUTTING THEIR CHILDREN'S NAMES OUT THERE. UM, SECONDLY, UM, MY HUSBAND WORKS FOR TESLA. THEY'VE SPLIT THEIR STOCK TWICE IN THE LAST TWO YEARS, THREE YEARS. UM, SO SOMETIMES IT'S VERY HARD TO KNOW THE SHARES BECAUSE WHAT HE HAD AND THEN THEY SPLIT. AND IT'S, IT IS VERY, VERY DIFFICULT SOMETIMES TO, TO KNOW WHAT THAT IS GOING TO LOOK LIKE AND THEN IS IT GONNA BE A FORMALITY IF YOU CHECKED THE WRONG BOX? YOU KNOW, I HAVE 500 INSTEAD OF 4 98 AND I I CHECKED THE WRONG BOX. UM, I DON'T KNOW IF THAT WOULD ESSENTIALLY GET SOMEONE CAUGHT UP ON A, A TECHNICALITY OR FORMALITY. UM, BUT I THINK OVERALL THE DISCUSSION THAT I'M HEARING, IT SOUNDS LIKE THERE IS A LOT THAT POTENTIALLY NEEDS TO BE WORKED OUT. FIRST OF ALL WITH CAN WE DO IT WITH EAG? THAT'S OUR DIRECTION THAT'S BEING GIVEN TO US BY LEGAL. AND THEN SECOND OF ALL, IF WE GO FORWARD WITH THE PROCESS, IT SOUNDS LIKE THERE ARE MULTIPLE PLACES THAT NEED TO BE FIXED. UM, SO I DON'T KNOW IF WE'RE GONNA BE ABLE TO FIX ALL OF THAT RIGHT HERE TONIGHT IN ONE SINGLE MOTION. DOES EVERYBODY UNDERSTAND WHY THE CHILDREN'S NAMES ARE ON THERE? I UNDERSTAND WHY THEY'RE ON THERE. PEOPLE I'VE [01:40:01] HIDE THINGS IN THEIR CHILDREN'S NAMES OR SOCIAL SECURITY NUMBERS OR THINGS LIKE THAT, RIGHT? BUT I THINK TO THE UNKNOWING HU CITIZEN THAT WANTS TO SERVE ON P AND Z OR GET INVOLVED, THEY'RE GONNA SEE, OH, DEPENDENTS AND I HAVE TO PUT MY KIDS NAMES. WHY DO I HAVE TO PUT MY KIDS' NAMES? AND I MEAN I GET THAT YOU'RE ALWAYS TRYING TO PLAN WORST CASE SCENARIO, BUT AT THE SAME TIME YOU HAVE TO KIND OF START LOOKING AT IT FROM ANOTHER LENS AS WELL. ANOTHER PERSPECTIVE THAT EVERYBODY ON PZ ISN'T OUT TO GET THE CITY AND THAT NO AND NOBODY ON PZ IS UNDERHANDED AND THEY'RE PURPOSELY GONNA TAKE A $5,000 BRIBE. THAT'S NOT A GOOD OUTLOOK FOR THE CITY. AND I MEAN IT'S, I I'M JUST SPEAKING FROM WHAT I'VE HEARD AND HOW PEOPLE FEEL ABOUT THEIR CHILDREN, THEY'RE VERY, VERY PROTECTIVE ABOUT THEIR CHILDREN. I DON'T KNOW THAT YOU HAVE TO, I THINK WHEN, IF IT WAS RELEASED TO THE PUBLIC, I THINK YOU CAN BLOCK, AM I NOT RIGHT? YOU CAN BLOCK THE NAME BUT YOU CAN REDACT IT. IT'LL SHOW A, A DEPENDENT. I'M PRETTY SURE YOU CAN, WELL YOU CAN'T SOCIAL SECURITY NUMBERS. I, I DON'T KNOW ABOUT BLOCKING THE NAME. SO NO, IT HAD, IT SAYS THERE'S ACTUALLY WHAT HAS TO GET BLOCKED. IF YOU GO BACK TO THE STATE LEVEL AT THE A HUNDRED THOUSAND, WHICH I DON'T KNOW THAT WE PUT IT IN IN OURS, BUT IT SAYS HOW IT HAS TO BE REDACTED. THE PERSON THAT REQUESTED THEIR INFORMATION AND ALL OF THEIR INFORMATION HAS TO BE HELD IN RECORD FOR UP TO TWO YEARS THAT THEY REQUESTED IT WITH THE CITY SECRETARY AND THEN, THEN THOSE FILES GET DESTROYED A YEAR AFTER YOU LEAVE OFFICE OR SOMETHING. UM, BUT REGARDLESS, I I DO THINK WE SHOULD MAKE A MOTION TO GO TO THE AG, GET THE, GET THE RULING ON THAT CUZ YOU KNOW, AND THEN WE'LL FIGURE OUT WHAT WE CAN DO ONCE WE GET THAT BACK. I AGREE. I THINK THAT CAUSE I THINK IT'S A GOOD THING. I JUST, BUT I THINK WE NEED TO MAKE SURE WHAT WE CAN AND CAN'T DO. YOU KNOW, I DON'T EVER MIND GOING TO THE AG CUZ HE'S NOT DOING NOTHING AND THE ELECTION WOULD BE OVER AND HE SHOULD HAVE A LOT MORE TIME EITHER CUZ HE WON OR BECAUSE SOMEONE ELSE WON. SO SOMEONE'S GONNA HAVE MORE TIME IN A WEEK. YOU WANNA SUSPEND THE ORDINANCE, UM, AND PART OF YOUR MOTION TAKE IT TO THE AG. I THINK IT WARRANTS WHEN WE BRING IT BACK WITH SOME OF THESE ANSWERS A WORKSHOP RATHER THAN A COUNCIL MEETING DISCUSSION. I THINK THAT, I THINK THAT'S GOOD. SOUNDS GOOD. BUT WE WILL BRING BACK THE REQUEST TO THE COUNTY ATTORNEY, TO THE COUNCIL TO, FOR THE COUNCIL TO APPROVE THAT. WE'LL HAVE TO DO SOME MORE RESEARCH THOUGH ON THE LEGISLATIVE HISTORY TO BE ABLE TO, IF IF WE'RE GONNA GO WITH THE CITY UNDER A HUNDRED ARE PRECLUDED. SO IT'LL BE MAYBE NOT THIS NEXT AGENDA BUT FIRST MEETING IN DECEMBER. YEAH, MAY. I GUESS MY ONLY QUESTION IS CAN, I DON'T KNOW HOW HARD, HOW MUCH RESEARCH IT HAS TO BE, BUT CAN CITY UNDER A HUNDRED THOUSAND REQUIRE FINANCIAL DISCLOSURES? UM, AND IF IT'S NOT REFERENCING A STATE A FORM AND YOU HAVE TO CHANGE THE HEADING, YOU KNOW LIKE UH, WE WERE TOLD ONCE YOU TAKE A LEGAL MEMO YOU CAN'T RELEASE A LEGAL MEMO BUT YOU WALK OUT AND SEND AN EMAIL WITH SOME GENERALIZATION AND NOW YOU'RE NOT COPYING WORK PRODUCT YOU'RE DOING. YEAH, I THINK IF YOU DEVELOP YOUR OWN FORM YOU CAN DO THAT. I DON'T THINK YOU CAN BASE IT ON CHAPTER 1 45. WELL THEN I WOULD SAY GO TO AG, BUT IN THE MEANTIME WE CHANGE, WE CHANGE THE FORM BECAUSE I DON'T WANNA GO SIX MONTHS IN A WHOLE NOTHER ELECTION COMING UP. AND IT'S NOT THAT I DON'T TRUST P AND Z PEOPLE, IT'S THAT IF YOU DON'T HAVE STRONG RULES, THE BAD PEOPLE COME BACK. IF YOU HAVE STRONG RULES AND, AND ALL THAT, YOU KEEP GOOD PEOPLE GUESSING. I DON'T LIKE HAVING EVERYBODY KNOW MY BUSINESS, BUT I LEARNED THAT AS MANY STONES AS I THREW ABOUT LACK OF TRANSPARENCY, I'M LIKE, GO AHEAD. I MEAN I'LL LET YOU IN MY HOUSE AND SEE WHAT'S GOING ON BECAUSE, SO I DON'T KNOW IF THERE'S A WAY TO CHANGE THE FORM TO GET PEOPLE COMFORTABLE TO SAY IF THAT'S THE BIGGEST ISSUE THAT WE SHOULDN'T USE THE FORM IN 1 45, THEN I'D SAY, HEY, BY DECEMBER 3RD, REDO THE FORM IN OUR OWN WORK PRODUCT TYPE THING. AND THEN IN THE MEANTIME ASK THE AG FOR AN OPINION. 'CAUSE THE REASON WE HAVE TO GET THE AG OPINION IS BECAUSE IT IS APPLYING TO ELECTION LAW. BECAUSE YOU'RE SAYING IF THE CANDIDATE CAN RUN FOR OFFICE AND IF THE STATE LEGISLATURE SAID YOU, IT'D BE LIKE, THINK OF IT LIKE THIS WAY. WHAT I'M SAYING IS NO, BUT I'M SAYING IT'S KIND OF LIKE IT. SO IT MAY BE THAT ONCE YOU'RE ELECTED YOU HAVE TO FILL OUT THIS FORM BECAUSE NOW YOU'RE ON COUNCIL. THAT'S A DIFFERENT THING THAN JUST RUNNING AS A CANDIDATE BECAUSE RIGHT. THE THE WHOLE REASON I THINK, AND I MEAN I CAN'T SPEAK, I WASN'T ON, OBVIOUSLY I WAS AT A STATE LEVEL, BUT WHEN, WHEN YOU THINK ABOUT IT, WE'RE A 30,000 TOWN, WHICH MEANS WE PROBABLY HAVE 15,000 ADULTS. ONE OF THE REASONS THEY'RE LIKE, HEY THIS CUZ THEY'RE LIKE, THE ODDS ARE, YOU KNOW, EVERYBODY, YOU KNOW A LOT OF PEOPLE IN THE TOWN SO THAT'S WHY THEY PROBABLY DIDN'T WANT THAT ON THERE CUZ THEY WERE LIKE, OH I KNOW THIS IS HOW MUCH THEY OWE LEFT ON THEIR HOUSE AND WHAT THEY OWE ON EACH CAR AND STUFF LIKE THAT. LIKE I SAID, IT'S THERE BUT UM, [01:45:02] SO ARE YOU OKAY IF WE AMENDED IT THAT WHY WE WAIT FOR THE AG WE TAKE OUT THE ELECTION PART? THE PEOPLE, I THINK WE DEFINITELY HAVE TO TAKE THAT OUT, BUT I THINK WE HAVE TO WAIT FOR WE GET THE AG TO GIVE AN ANSWER. WHAT, WHAT'S THE MOTION? I I'M NOT CLEAR ON WHO MADE A MOTION AND WHAT THE MOTION WAS THAT WAS MADE. HERE'S WHAT I'M RECOMMENDING. I DIDN'T THINK THERE WAS, BUT THERE'S NOT A SUSPEND THE ORDINANCE BECAUSE THERE'S A QUESTION AS TO WHETHER OR NOT YOU CAN MAKE PEOPLE FILL OUT THIS FORM BASED ON CHAPTER 1 45 AND THE MANDATES IN THAT LAW. SO IF YOU GO TO THE AG, THE AG MIGHT COME BACK AND SAY AGREE. YEAH, IT DOESN'T APPLY TO A CITY UNDER A HUNDRED THOUSAND. YOU CANNOT MANDATE THAT FORM AND THOSE, UH, REQUIREMENTS BEFORE THE ELECTION. WE CAN, WE CAN BRING BACK THAT, UH, AG REQUEST FOR THE COUNCIL TO LOOK AT BEFORE WE ASK THE COUNTY ATTORNEY. THE, THE LAST THING PZ IS NOT IN HERE CURRENTLY. SO THE QUESTION IS, IS I THINK THE COUNCIL IN A WORK SESSION NEEDS TO LOOK AT WHAT ARE YOU SUBJECT TO DISCLOSING UNDER WHAT LAWS CURRENTLY? AND THEN THE SECOND THING IS, IS IF WE'RE GONNA HAVE A FINANCIAL DISCLOSURE, WHAT KIND OF FORM DO YOU WANNA USE AND WHEN DO YOU WANNA REQUIRE IT? DO YOU WANNA REQUIRE IT FOR A CANDIDATE RUNNING FOR OFFICE OR ONCE THEY ARE IN OFFICE THEN THEY FILE IT. SO THERE'S SEVERAL ISSUES THAT'S MORE APPROPRIATE FOR A WORK SESSION. BUT THE MAIN THING IS TO SUSPEND THE APPLICATION OF THE ORDINANCE BEFORE, UM, BECAUSE IT'S QUESTIONABLE. SO CAN I ASK A CLARIFICATION QUESTION? SO DOTTY, ARE YOU TELLING US, AM I HEARING FROM YOU THAT WE, YOU'RE RECOMMENDING THAT WE SUSPEND THIS ORDINANCE BECAUSE IT'S IN YOUR OPINION VIOLATES THE STATE LAW, BUT BEFORE WE HEAR BACK FROM THE ATTORNEY GENERAL, WE CAN PUT SOMETHING ELSE IN PLACE YES. OF OUR OWN. YES. OKAY, SO THEN MY QUESTION IS IF WE CAN PUT SOMETHING ELSE IN PLACE ON OUR OWN THAT WE'RE ALL HAPPY WITH, WHY DO WE NEED TO GO TO THE AG? WHY DOES IT MATTER? BECAUSE THE, THE CONCERN IS BEING TRANSPARENT AND I AGREE, I THINK WE SHOULD ALL FILL THAT OUT AND I THINK WE SHOULD BE TRANSPARENT, UH, WITH OUR FINANCES AND LET THE CITIZENS KNOW WHERE WE'RE AT. BUT IF, IF THE, IF THE QUESTION IS GO TO THE AG TO SEE, HEY, CAN WE USE THIS PARTICULAR FORM WHEN WE'VE ALREADY MADE ANOTHER FORM THAT WE'RE HAPPY WITH? I, I, I THINK THAT'S THE WASTE OF TIME PERSONALLY. I I I THINK THE MOTION SHOULD BE SUSPEND THIS ORDINANCE INSTRUCT STAFF TO BRING BACK, UM, YOU KNOW, INFORMATION FOR A, UH, WORK SESSION ON DECEMBER, WHATEVER THE FIRST MEETING IN DECEMBER IS. WE DISCUSS IT AND THEN WE CAN PASS SOMETHING IN THAT MEETING THAT, THAT EVENING'S WHAT I'D LIKE TO SEE AND THEN IT'S IN PLACE IN A MONTH IS THE ISSUE, THE FORM OR THE ISSUE THAT WE'RE EVEN REQUIRING FINANCIAL DISCLOSURE. THE ISSUE IS BASING THIS ORDINANCE ON THE STATE LAW THAT CARRIES THE CRIMINAL PENALTY OF CLASS B MISDEMEANOR AND THE REQUIRING OF IT BEFORE YOU KNOW, SOMEBODY'S AN ACTUAL, UH, OFFICER OF THE CITY. SO THERE'S, THOSE ARE THE LEGAL ISSUES. I SEE. SO IT'S NOT THAT, IT'S NOT THAT WE CAN'T HAVE FINANCIAL DISCLOSURE, IT'S THAT WE'RE TYING IT TO A DEAL THAT REPRESENTS OVER A HUNDRED THOUSAND. CORRECT. SO SO IF YOU, OH, GO AHEAD. I DON'T IF I MAY LIKE HAVE MY, SO MY UNDERSTANDING IS THAT THE LOCAL GOVERNMENT CODE IS WHAT CITIES MUNICIPALITIES CANNOT DO. IT'S LIKE A GUIDING, UH, LIKE A GUIDEBOOK FOR UH, WHAT THEY CANNOT DO OTHER THAN THAT THEY ARE ABLE TO IMPLEMENT, UM, ORDINANCES RULES, UM, AT THE LOCAL LEVEL. UM, AND BACK IN 2003 WHEN THIS WAS HOTLY DEBATED, IT WAS LIKELY HOTLY DEBATED BECAUSE FOR MUNICIPALITIES, LESS THAN 100,000 PEOPLE BECAUSE OF LOCAL, THE IMPORTANCE OF LOCAL GOVERNMENT CONTROL, RIGHT? AND SO THAT'S, THAT'S LIKELY MAYBE ONE OF THE ISSUES IS THAT WE SHOULD BE ABLE TO, YOU KNOW, UH, MAKE THE RULES FOR PUDO. SO WE SHOULD BE ABLE TO DO THAT. SO IN THIS LOCAL GOVERNMENT CO CHAPTER 1 45, IT'S JUST TELLING THE, THE CITIES THAT ARE A HUNDRED THOUSAND AND ABOVE THAT YOU, YOU, THAT YOU HAVE TO FOLLOW THIS GUIDELINE, YOU HAVE TO DO THE, UM, REPORTING. UM, THE, THE CITY SECRETARY HAS TO UM, UH, WHAT DO YOU CALL IT, NOTIFY YOU. YOU HAVE TO FILL OUT THE REQUIREMENTS. SO AS THE CITY OF HUD, WE HAVE DECIDED TO, IN, IN OUR, UM, IN THE ORDINANCE, WE HAVE DECIDED TO HAVE THIS DISCLOSURE [01:50:01] DOCUMENT. SO THIS IS US AS A LOCAL GOVERNING BODY BACK THEN, UM, TO MAKE THIS SOMETHING THAT WE WANNA DO. IF Y'ALL WANNA, I THINK IT'S, FOR ME IT'S KIND OF SIMPLE. IT'S LIKE, DO WE WANNA DO THIS OR NOT? I THINK WE SHOULD DO IT. I DON'T HAVE A PROBLEM WITH, UM, DISCLOSING FINANCIAL INFORMATION. SO I THINK THAT'S JUST WHAT WAS CHOSEN TO DO WHENEVER THIS HAPPENED, UH, FOR THE CITY. AND I DON'T THINK IT'S ANYTHING CONFLICTING REALLY WITH THE LOCAL GOVERNMENT CODE BECAUSE IT'S NOT LAID OUT IN THE LOCAL GOVERNMENT CODE BECAUSE THAT'S JUST FOR CITIES OF A HUNDRED THOUSAND OR MORE. SO WE HAVE CONTROL OF WHAT WE WANNA DO. WE CAN, WE CAN DO WHAT WE WANT. AND IN OUR ORDINANCE IT SAYS THAT WE FINANCIALLY DISCLOSE, UM, IF WE'RE A CANDIDATE OR IN OFFICE. SO I, I DON'T KNOW IF THAT, IF THAT MAKES SENSE. YEAH, MY ONLY QUESTION IS, OR I DON'T KNOW IF YOU HAVE ANY, MY ONLY QUESTION THAT WE MAY HAVE TO GET THE AG RULING THOUGH IS IF WE GO AND THEN PUT A, CUZ IN OUR CITY ORDINANCE RIGHT NOW WE SAY IT'S A CLASS C MISDEMEANOR, NOT A CLASS B STATE LAW SAYS B, WE SAY IT'S C WITH A $500 PENALTY. MY QUESTION IS, ARE WE ALLOWED TO DO THAT? I MEAN, AND, AND, AND, AND IF WE CAN'T BECAUSE THEN THAT GETS TOO CLOSE TO THE OTHER RULE. SO I STILL THINK WE HAVE TO GO TO THE AG BECAUSE MY POINT IS NOT ONLY DO YOU HAVE TRANSPARENCY, BUT YOU NEED TO HAVE A CONSEQUENCE IF YOU DON'T DO IT OTHERWISE, JUST PEOPLE JUST WON'T DO IT. LIKE IF THERE'S NO PENALTY TO NOT DOING IT, I MEAN, OKAY, THERE MIGHT BE SOME PUBLIC BACKLASH FROM SOME PEOPLE ON FACEBOOK, BUT THAT DOESN'T NECESSARILY MEAN THAT THEY HAD TO PAY MONEY OR GO TO A COURT OR GET SOMETHING ADDED TO. SO WHAT I'M SAYING IS ARE WE ALLOWED TO DO THAT AS A MUNICIPALITY OR, OR BECAUSE OF THIS WE CAN'T EVEN APPLY, APPLY A CIVIL PENALTY. I'M JUST, I'M JUST, THAT'S MY ONLY QUESTION. LIKE I'VE GOT NO PROBLEM GOING TO THE AG. I MEAN TO ME THAT'S WHEN YOU HAVE DISCREPANCIES. NOT THAT I DISTRUST DOTTY, BUT I'VE ALWAYS SAID IF YOU DON'T AGREE WITH THE ATTORNEY OR WE REALLY DON'T KNOW AND THERE'S A GRAY AREA, GO TO THE AG BECAUSE THAT'S THE LAW OF THE LAND UNTIL SOMEONE GOES TO COURT. RIGHT? AND THE JUDGE TELLS YOU OTHERWISE, OTHERWISE DOTTY MAY SAY IT AND THEN, I'M SORRY I FORGOT THE, FORGOT YOUR NAME, BUT BEN. BEN, UH, BEN BEN'S TAKEN OVER FOR THREE MONTHS AND BEN'S GOT A LITTLE BIT DIFFERENT INTERPRETATION AND SO TO ME, UM, IF WE WANNA, I'M OKAY IF WE SUSPEND UNTIL WE HAVE A REVISED ORDINANCE LIKE DECEMBER 1ST. I'M NOT LOOKING AT SAYING DRAGGING OUT FOR THREE MONTHS, BUT IN THE MEANTIME ALSO WE ASK FOR AN AG OPINION. I THINK THAT IS VERY UM, PERSONALLY I THINK THAT'S VERY RESPONSIBLE OF THE CITY BECAUSE I THINK TOO MANY CITIES JUST TAKE ASSUMPTIONS AND ROLL WITH IT UNTIL SOMEONE CATCHES 'EM. AND I THINK IF ANYTHING IT SHOWS THE PEOPLE OF TEXAS THAT WATCH IT, THAT HU MAY BE IN THERE A LOT, BUT THEY'RE ASKING PRETTY GOOD QUESTIONS AND UH, THAT MAY MAKE OTHER PEOPLE YEAH, BUT IF WE SUSPENDED AND THEN WAIT FOR THE A'S OPINION. SO WE'VE SUSPENDED THE RULE FOR NINE MONTHS, WE'RE GONNA GO THROUGH AN ELECTION, POTENTIALLY MAYBE TWO ELECTIONS WITHOUT HAVING TO FINANCIALLY DISCLOSE. UM, WELL RIGHT NOW WE'D HAVE TO DISCLOSE A APRIL 30TH AS ELECTED OFFICIAL. AND I THINK SHE BRINGS UP GOOD QUESTION. THAT'S THE ISSUE WE HAD WITH THE OTHER COUNCIL MEMBER. YOU REALLY CAN'T ASK FOR AN A AG OPINION ON SOMETHING YOU'RE NOT DOING. SO DON'T WE HAVE TO JUST CONTINUE DOING IT AND THEN ASK THE AG THAT HEY, HERE'S WHAT WE'RE DOING. IS THIS GOOD? CUZ IF WE SUSPEND IT, WON'T THE AG OR THE COUNTY ATTORNEY GO, WELL YOU'RE NOT EVEN DOING IT SO WHY ARE YOU ASKING THE QUESTION? DON'T YOU HAVE TO BE DOING IT WRONG? YOU HAVE TO, RIGHT? THEY WOULD LOOK AT, WELL YOU'VE CHANGED YOUR ORDINANCE SO IT'S MOOT IS WHAT THEY'D COME BACK WITH. WELL WE DON'T WANT THAT. WE WANT AN ANSWER. WELL THEN I'D SAY I HAVE A ALSO HAVE ANOTHER QUESTION CUZ I'M NOT, WE ALL ABLE TO CLARIFY, YOU KNOW, BACK AND FORTH, BUT DOES OUR ORDINANCE FOLLOW, UH, CHAPTER 1 45. LIKE DOES IT FOLLOW IT TO A T OR THEIR DISCREPANCIES? BECAUSE, UM, IF WE'RE, IF WE'RE GONNA BE FOLLOWING THE HUNDRED THOUSAND, WHAT CITIES DO THAT HAVE A HUNDRED THOUSAND PEOPLE, WE NEED THAT TO LINE UP WITH THE STATE STATUTE SO THAT WE CAN DISCLOSE EVERYTHING THROUGH ETHICS AND ALL THAT GOOD STUFF. SO, AS I REMEMBER, THE WAY IT WAS ALL DONE, IT WAS ALL SET TO BE BASICALLY WHATEVER 1 45 BECAME IN THE FUTURE, IT WOULD AUTOMATICALLY, AS THINGS CHANGED THAT WAY, WE DIDN'T HAVE TO WORRY ABOUT UPDATING. LIKE, OKAY. I WOULD, I MEAN, I WOULD LIKE TO SEE THOSE CUZ I'M, I'M OKAY WITH THIS ORDINANCE STAYING AS IS BECAUSE THE CITY HAS DECIDED TO PUT THIS AND IMPLEMENT IT, UM, FOR ELECTED OFFICIALS AND APPOINTED, UH, FOLKS. I'M OKAY WITH THAT, BUT IT HAS TO MATCH THAT LOCAL GOVERNMENT CODE, UH, IF WE'RE GONNA FOLLOW IT. UM, THE ONLY THING THAT I NOTICED A DIFFERENCE WAS THE CRIM, THE CIVIL PENALTY. OKAY. YEAH. SO THAT'S A DISCREPANCY THEN. THAT WAS A DISCREPANCY. AND, UM, AND THEN MY ONLY, MY ONLY OTHER ISSUE WAS, YOU KNOW, CAUSE I WENT BACK AND LOOKED AT, YOU KNOW, WE GOT OUR CANDIDATE PACKET. THERE WAS NOTHING IN IT IN THE CANDIDATE PACKET [01:55:01] ABOUT IT. ABSOLUTELY. YEAH. AND WE DIDN'T GET A MESSAGE ABOUT IT WHEN IT WAS DUE OR ANYTHING. AND SO THAT WAS MY, MY REALLY, MY ONLY ISSUES WITH IT. UM, LET'S DO THIS. WHY DON'T I HAVE A MOTION THAT I WOULD LIKE TO, I'M SORRY, I'M TRYING TO KINDA BE RESPECTFUL AND, UM, EITHER WAY, I THINK WE'VE ALL KIND OF SAID THAT THE CURRENT FINANCIAL DISCLOSURE IS BROKEN. SO A MOTION TO SUSPEND THE FINANCIAL DISCLOSURE IN HU CITY CODE ARTICLE 2.05, DIVISION TWO DIRECT THE ATTORNEY TO PUT FORTH AN AG OPINION. AND WE ARE GONNA HAVE A FUTURE WORK SESSION DECEMBER 15TH, IF THAT FITS IN WITH OUR FUTURE WORK SESSIONS TO LOOK AT DISCLOSURES. WE WANT WHAT IT LOOKS LIKE AND TO WHO IT SHOULD APPLY. I'LL SECOND TO ASK A QUESTION OF DOTTY ON THAT. SO BY SUSPENDING IT, DOES THAT, DOES THAT MESS UP ASKING FOR AN AG OR DOES IT NEED TO BE OPERATING WHEN WE ASK FOR IT, LIKE, DOES IT HAVE TO BE REGULAR BUSINESS? WE CAN ARGUE THAT WE SUSPENDED IT PENDING THE AGS OPINION IN THE REQUEST. THAT WOULD, BECAUSE YOU KNOW, WHEN YOU DEAL WITH PEOPLE'S CONSTITUTIONAL RIGHTS, WHAT I SAID AT THE END OF THAT MEMO, YOU DON'T REALLY WANNA HAVE, UM, YOU WANNA GO TO THE AG WITH WHAT WE'VE ADOPTED TO, TO GET THEM TO ANSWER THE QUESTION. AND WE'VE SUSPENDED IT DURING THE, UH, INTERIM PENDING THE AGS OPINION. THERE YOU GO. OKAY. SO WE'RE GONNA SUSPEND YES SIR, THE ORDINANCE UNTIL WE GET ANSWER BACK FROM THE AG. THEY'RE BRINGING THE AG LETTER THAT WE WANNA VOTE ON DECEMBER 1ST AND WE'RE GONNA HAVE A WORK SESSION DECEMBER 15TH. YES SIR. SO WHAT ARE WE GONNA DO ON DECEMBER 15TH? BECAUSE IF WE'RE JUST SUSPENDING IT WAITING FOR THE AG, WE DON'T WANNA BE CHANGING IT IN THE MEANTIME BEFORE WE GET THE AG OPINION. NO, BUT WE COULD DO A WORK SESSION TO SAY WE, CAN WE EXPAND IT? DO WE NEED TO DO THIS? DO WE NEED TO CHANGE THIS? DO WE NEED TO UPDATE THE CANDIDATE PACKET? SO THEN SAY JANUARY ONE, WE GET THAT RULING OR WHENEVER WELL, I'M JUST SAYING WHENEVER, WHENEVER WE GET THAT AGING OPINION, YOU MAYBE GENERATE 1 20 24 . BUT, BUT NO, I AGREE. I THINK YOU CAN JUST DO A WORK SESSION, LEARN SPITBALL, THINK OF THINGS. SO WE'RE NOT PLANNING ON TAKING ACTION, WE'RE JUST GONNA DO A WORK SESSION TO DISCUSS. THAT'S FINE. THAT'S FINE. YEAH. SO WHAT'S THE PURPOSE OF THE AG LETTER? MM-HMM. , WHAT ARE WE ASKING? THE, OR ORDINANCE AND ITS CURRENT FORM REQUIRING THAT, UM, WE ARE ESSENTIALLY TREATING, UM, OUR CITY. LIKE WE'RE A CITY OVER A HUNDRED THOUSAND BY MANDATING ALL OF THIS. AND THERE'S A CRIMINAL PENALTY THAT ATTACHES TO THAT AND WE HAVE A DIFFERENT CRI CRIMINAL PENALTY. SO IT'S REALLY MORE OR LESS IS IS IT BECAUSE THEY USED THAT WORD ONLY IN THERE? IS IT WITHIN OUR AUTHORITY TO ADOPT THE SAME THING OR DO WE OR WE ARE ABLE, THE SECOND THING WE'LL ARGUE IS AREN'T WE ABLE TO ADOPT A FINANCIAL DISCLOSURE THAT'S NOT BASED ON THAT? OKAY. AND THAT, THAT'S WHERE I WAS GETTING TO YOUR SECOND POINT RIGHT THERE. BECAUSE WE, WE NEED TO ASK THAT QUESTION. CUZ IF WE JUST ASK THE FIRST QUESTION AND THEY COME BACK AND SAY, NO, YOU CAN'T, THEN WE'RE GONNA GO BACK TO THE AG SAYING, WELL, CAN WE DO THIS? RIGHT. AND IT'S GONNA JUST WE'RE, AND THE OTHER QUESTION I WANT TO ASK IS, THE THIRD PART IS, WHO CAN YOU REQUIRE IT OF? BECAUSE THE STATE GOVERNMENT CODE IS ONLY THE ELECTED OFFICIALS. IT IS NOT A CITY MANAGER AND ALL THESE OTHER THINGS THAT WE WANT OR HAVE TALKED ABOUT ADDING. SO IT'S A, I ADDED THAT IN WHAT, TWO 15? WELL, IT'S OFFICERS, BUT EDC BOARD MEMBERS NOT OFFICERS. YEAH, THEY ARE THE OFFICER. BUT IT'S A FAIR, IT'S A, WELL, I THINK WHAT HE'S SAYING IS, IS YEAH, WHO RIGHT. CAN WE DO EDC? CAN WE, WHO, WHO CAN WE AND CAN WE NOT? AND HOW ONEROUS CAN WE MAKE IT BEYOND PEOPLE? I WOULD SUSPECT THAT THE CHARTER HERE INDICATES WHO ARE CONSIDERED OFFICERS ON STAFF. IT'S PROBABLY CITY MANAGER, CITY SECRETARY, MAYBE THE FINANCE DIRECTOR, CITY ATTORNEY. CITY ATTORNEY. YOU KNOW, IT, IT PROBABLY DEFINES WHO THE, WHO THE OFFICERS ARE, BUT CAN YOU REQUIRED OF OTHERS? UH, AND THEN, AND THEN A FOLLOW UP QUESTION. IF WE, THE EDC IS THEIR OWN COMP, THEIR OWN CORPORATE BOARD. SO DO WE, CAN WE UPDATE THE EDC BYLAWS TO REQUIRE FINANCIAL DISCLOSURE THROUGH THE EDC SIDE? IF WE CAN'T GET INTO THE CITY, THAT MAY BE A WAY AROUND IT FOR THE EDC. ALL RIGHT, SO THE FIRST QUESTION WAS, WHAT? I GOT CONFUSED. SORRY. CAN YOU EVEN ADOPT IT? CAN WE ADOPT THE 100,000 PERSON RULES AND THEN IF WE CAN'T ADOPT THAT ONE, CAN WE ADOPT, ADOPT OUR OWN? CAN THEN, CAN WE ADOPT OUR OWN? AND THEN THE THIRD IS, WHO CAN WE APPLY IT TO? YEAH. ARE YOU OKAY WITH THAT BEING? THOSE ARE ALL FRIENDLY. ALL RIGHT. ANY DISCUSSION? UM, THE MOTION, I THINK WE JUST NEED TO MAKE CLEAR THAT WE WANT TO APPLY IT TO PEOPLE WHO ARE NOT EMPLOYEES [02:00:01] OR ELECTED OFFICIALS. RIGHT? I MEAN, CUZ JUST SAYING WHO CAN WE APPLY TO IF THEY THINK JUST IN A NARROW SENSE. WELL, YOU CAN APPLY IT TO, YOU KNOW, THESE EMPLOYEES AND WHATEVER. THEY MAY NOT THINK THAT WE'RE LOOKING TO APPLY IT OUTSIDE. SO I THINK WE NEED TO SAY BOARDS AND COMMISSIONS. WE'RE LOOKING AT BOARDS AND COMMISSIONS AND CORPORATIONS, LOCAL GOVERNMENT CORPORATIONS, AGS OFFICE KNOWS IS REAL WELL THIS POINT ANYWAY. SO IT'S LIKE, OH, HOW SO COULD YOU REPEAT THE MOTION PLEASE? SO THE MOTION IS TO, AND TELL ME IF I'M WRONG, CUSTOMER MCKENZIE IS TO SUSPEND THE ORDINANCE. UM, IN THE MEANTIME WE'LL HAVE AN AG OPINION THAT'LL COME BEFORE US ON DECEMBER 1ST WITH THREE QUESTIONS. UM, CAN WE ADOPT RULES OF THE A HUNDRED THOUSAND POPULATION AND OVER? CAN WE, IF WE CAN'T, THEN CAN WE ADOPT OUR OWN RULES? AND IN THREE, WHO CAN WE REQUIRE BOARDS AND COMMISSIONS AND SUCH TO BE ON THERE? AND THEN WHILE WE'RE WAITING FOR THAT ANSWER TO COME BACK AND EVERYTHING'S SUSPENDED, WE'LL HAVE A WORK SESSION ON DECEMBER 15TH TO TALK ABOUT ANY OTHER POSSIBLE CHANGES WE WANT TO HAVE GOING TO THAT. OKAY. THANK YOU. ALL RIGHT. ANY OTHER DISCUSSION? ALL RIGHT. HEARING NONE, PLEASE CALL THE VOTE. MAYOR PRO TIM GORDON. AYE. MAYOR SCHNEIDER. AYE. COUNCIL MEMBER THO AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER KENZIE AYE. COUNCIL MEMBER CLARK. AYE. COUNCIL MEMBER KOLAR AYE. MOTION PASSES. SEVEN ZERO. WELL, I DIDN'T LIKE THE SUSPENSION. I DO THINK IT'S BETTER TO BE ABLE TO TELL THE PUBLIC WE'RE GONNA BE SO ONTO THIS THAT WE'RE EVEN ASKING FOR HIGHER UP OPINIONS. ALL RIGHT. [11.1. Consideration and possible action on Resolution No. R-2022-091 approving the establishment of an online message board and adopting an online message board policy.] THAT BRINGS TO ITEM 11 ONE CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R DASH 2022 DASH 91, APPROVING THE ESTABLISHMENT OF AN ONLINE MESSAGE BOARD AND ADOPTING AN ONLINE MESSAGE BOARD POLICY. THIS IS BACK FROM WHAT ABOUT A MONTH AGO WE BROUGHT UP TO HAVE THE CITY ATTORNEY DRAFT. SO THE, OF, IF YOU DIGGING, I'LL HAVE TO TALK ON THIS MOTION. THE PUBLIC NO, IT'S, IT'S LEGAL, BUT I'LL MAKE A MOTION TO, UM, PASS 11.1 IS PRESENTED. I'LL SECOND THE MOTION. UM, I THINK THE STATE LAW ON THIS WAS JUST PRETTY CLEAR. IT'S PRETTY STRAIGHTFORWARD. THERE'S NOT REALLY A WAY TO DEVIATE FROM IT. AND SO THIS JUST SAYS TO IMPLEMENT WHAT, WHAT THE STATE LAW PROVIDES. SO I DO HAVE SOME QUESTIONS THOUGH. I I'M STILL NOT CLEAR WHAT THE PURPOSE REALLY IS FOR SOMETHING LIKE THIS AND THE TIME COMMITMENT AND WHAT THE COMMITMENT IT PUTS ON COUNCIL MEMBERS. I I THINK IT'S A CHOICE WHETHER YOU PARTICIPATE OR NOT. I DON'T KNOW THAT THERE'S A COMMITMENT TO IT AND THE PURPOSE. SO I CAN TELL YOU WHAT MY ORIGINAL, I HAD BROUGHT THIS, UM, SUBJECT UP TWO YEARS AGO, 2019, UM, AND NEVER REALLY GOT TRACTION, UM, FOR A VARIETY OF REASONS. UM, MY, MY INTENDED PURPOSE OF THIS AND MIGHT KIND OF INTENDED USE FOR THIS, WAS TO TRY TO HELP, UM, STREAMLINE OUR MEETINGS ON THURSDAY NIGHTS TO WHERE WE COULD ASK PACKET RELATED QUESTIONS DURING THE WEEK, RIGHT? I GET THE PACKET ON SATURDAY OR FRIDAY, GET A DRAFT, AND THEN I CAN JUST START PLUGGING AWAY, HEY, I'VE GOT THIS QUESTION. MY FELLOW COUNCIL MEMBERS CAN ALL SEE MY QUESTION. AND THEN MY, IN KIND OF MY HOPE WAS THAT THEN STAFF COULD THEN RESPOND THERE AND SAY, WELL HERE'S, HERE'S THE ANSWER COUNCILOR. AND THEN EVERYONE SEES THE ANSWER. WE ALL SEE IT THE SAME AND WE CAN HAVE DISCUSSION ON THAT. LIKE, I HAVE A QUESTION ABOUT THIS, OR I HAVE A QUESTION ABOUT THIS. UM, AND THEN THAT ALL KIND OF HAPPENS LEADING UP TO THE THURSDAY MEETING. AND THEN HOPEFULLY WE'VE KIND OF, THE CITIZENS HAVE, HAVE BEEN ABLE TO WITNESS THE CONVERSATION. THEY'VE BEEN ABLE TO WITNESS KIND OF OUR, YOU KNOW, OUR WORKING THROUGH THE PACKET. MAYBE THEY HAD THE SAME QUESTIONS. UM, BECAUSE I THINK SOMETIMES THERE'S A TENDENCY FOR, FOR US, AND I THINK I'VE DONE IT TOO, WHERE WE'LL PULL SOMETHING OFF OF CONSENT OR WE'LL, OR WE'LL WE'LL LENGTHEN OUT A DISCUSSION BECAUSE WE WANT THE CITIZENS TO KIND OF HEAR OUR REASONING. UM, AND MY HOPE WAS THAT WE COULD USE THIS TO KIND OF KIND GET AWAY FROM THAT. SO I GUESS MY ONLY CONCERN WITH THIS POLICY IS PRESENTED IS STAFF WILL NOT BE PARTICIPATING. THEY WON'T BE, THEY WON'T, THEY WON'T BE ANSWERING OUR QUESTIONS THERE. UM, I SUPPOSE WE COULD STILL, AND AND CITY MANAGING CAN KIND OF TELL ME IF, IF THIS IS KIND OF WHAT YOU'RE THINKING, IF NOW IF I HAVE QUESTIONS FOR THE PACKET, I SEND 'EM TO YOU, YOU FORWARD IT TO THE [02:05:01] RESPECTIVE DEPARTMENT HEAD, I GET AN ANSWER BACK. UM, AND THEN USUALLY THAT'S SHARED WITH THE REST OF COUNCIL. UM, IF, IF STAFF CAN MONITOR THIS MESSAGE BOARD AND SEE MY QUESTION, WOULD THEY THEN GO AND GET AN ANSWER AND JUST SEND IT BACK VIA EMAIL? OR LIKE HOW WOULD WE GET THAT ANSWER BACK IF THEY WENT A SHORT MEETING? THEY SHOULD DO THAT. . YEAH, MAYOR PRO, TIM GORDON. MY PREFERENCE WOULD BE THAT THE, THAT WE STILL CONTINUE TO FOLLOW THE SAME PROCESS. THAT THERE'S NOT DIFFERENT PLACES FOR US TO BE TRYING TO GATHER INFORMATION FROM OR MONITOR DIFFERENT AREAS. RIGHT NOW THE PROCESS IS YOU SUBMIT AN EMAIL WITH YOUR LIST OF QUESTIONS. THAT'S GENERALLY THE, THE, THE METHODOLOGY THAT MOST FOLLOW. UM, WHEN THEY, WHENEVER THEY DO HAVE QUESTIONS, EVERY ONCE IN A WHILE I GET A PHONE CALL WITH A QUESTION, WHICH IS ALSO APPROPRIATE. UM, AND THEN LIKE YOU SAID, I, I USUALLY GET THE QUESTIONS ANSWERED. I DON'T ALWAYS SHARE EVERY QUESTION. IF THAT'S SOMETHING THAT Y'ALL WANT ME TO DO, I, THAT DOESN'T BOTHER ME IN THE LEAST, UH, DOING THAT. IT'S NOT, IT'S NOT DIFFICULT FOR ME JUST TO BCC EVERYBODY BACK TO THE RESPONSES AGAIN. SO IT REALLY DEPENDS. USUALLY KIND OF LIKE IF YOU'RE ASKING ME A PROCEDURAL QUESTION, I DON'T USUALLY LIKE FORWARD THAT AROUND. BUT IF YOU'RE LIKE, HEY, I NEED MORE INFORMATION ON THIS THING AND WE'RE PRODUCING INFORMATION, THEN THAT'S WHEN USUALLY I SHARE IT BACK OUT. SO ON THAT NOTE, YOU KNOW, IF, IF THE COUNCIL HAS THIS MESSAGE BOARD, REALLY TO ME THE THE REAL BENEFIT IS, IS FOR Y'ALL TO BE ABLE TO HAVE DISCUSSIONS THAT ARE A LITTLE BIT MORE TIMELY ON A PARTICULAR TOPIC. BUT THEN IF YOU WANT TO ASK FOR THERE TO BE DIRECTION, THE STAFF OR IF YOU WANT TO ASK FOR STAFF TO PRODUCE STUFF, YOU JUST FOLLOW THE, THE CURRENT PROCEDURE, USE EMAIL, RIGHT? SEND IT BACK THROUGH ME AND LET ME RESPOND BACK OUT. AND THEN IF YOU WANT TO GO TALK ABOUT THE RESPONSE OF WHATEVER CAME BACK FROM STAFF ON THE, ON THE MESSAGE BOARD, YOU CAN DO THAT TOO. AND THEN THAT WAY I'M NOT HAVING TO WORRY ABOUT WE MISSED SOMETHING. SOMEONE MENTIONED SOMETHING, IT DIDN'T GET DONE. IT, IT BECAUSE IT'S HAPPENING IN MULTIPLE PLACES. OKAY. SO I GUESS THAT WAS MY QUESTION CUZ THE, THE PRIMARY PURPOSE THAT I WANTED TO USE IT FOR, I, I CAN'T USE IT. I'M GONNA STILL DO EMAIL. AND SO I'D JUST LIKE TO HEAR FROM FELLOW ACCOUNTS MEMBERS. DO YOU HAVE IDEAS OF, OF OTHER, I MEAN, HOW, HOW, HOW DO YOU ENVISION USING IT? UM, AND KIND OF WHAT WOULD THE PURPOSE BE? I'M KIND OF UNCLEAR ON, I GUESS THE, I I GET IT, IT'S A WAY FOR US TO COMMUNICATE WITHOUT, UM, VIOLATING TEXAS OPEN MEETINGS ACT. SO I'M NOT QUITE SURE HOW THAT ALL PLAYS OUT. UM, BECAUSE YEAH, I THINK IT WOULD BE GREAT IF, UM, WE COULD TALK ABOUT LIKE, HEY, WHAT'S GOING ON AT, UM, 1660 AND LIME LOOP OR YOU KNOW, WHAT'S THE LATEST CIGARETTES LIKE, WE CAN KIND OF, I GUESS COMMUNICATE WITH THINGS LIKE THAT. BUT WHENEVER IT COMES TO AGENDA ITEMS, HOW DOES THAT NOT VIOLATE TEXAS OPEN MEETINGS? IF WE'RE TALKING ABOUT AND, AND KIND OF MAYBE EVEN DISCLOSING HOW WE WOULD VOTE POTENTIALLY. I MEAN, IS THAT SOMETHING WE COULD DO, BE LIKE, I'M A, I'M A NO ON THIS. UM, IS THAT SOMETHING THAT WE CAN'T DO? BECAUSE THEN THEY ALL KNOW HOW I'M GOING TO VOTE, RIGHT? SO I MEAN, WHAT TOPICS CAN WE DISCUSS ON THAT BOARD THAT, YOU KNOW, THAT ARE ALLOWED? WHAT SAYS YOU CAN'T USE THE MESSAGE BOARD TO TAKE ACTION OR TO CONSTITUTE A VOTE? YEAH, SO YOU CAN STATE I'M IN FAVOR OF THIS, BUT NOT HOW YOU'RE GONNA VOTE. OKAY. SO THAT'S PERMISSIBLE THE WHOLE IDEA OF THE MESSAGE BOARD IS WE GET A LOT OF PUBLIC INFORMATION ACT REQUEST FOR YOUR EMAILS LOOKING FOR VIOLATIONS OF THE OPEN MEETINGS ACT. SO THIS IS JUST REMOVING YOUR, UM, UH, COMMUNICATIONS TO A TRANSPARENT BOARD AND HOPEFULLY IT WON'T BE IN ANY EMAILS. SO WHEN WE GET THOSE REQUESTS, WE CAN SAY NO RESPONSIVE DOCUMENTS. SO THAT'S REALLY THE WHOLE PURPOSE. CAN I GIVE YOU AN EXAMPLE OF SOMETHING I WOULD SEE IT WORKING FOR MM-HMM. . SO I HAD MY MEETING, UH, WITH JAMES AND HE GAVE ME AN ANSWER TO A QUESTION I HAD A COUPLE WEEKS AGO, AND I CAN'T USE EXACT TERMINOLOGY, BUT I SAID, WHAT I DA DA DA. AND HE SAID, ACTUALLY, YEAH, YOU WOULD. AND THEN HE TOLD ME THE ANSWER THAT WE HAD SPENT $750,000 ON CITY ENGINEERING LAST YEAR. AND THEN HE TOLD ME WE SPENT HALF A MILLION DOLLARS ON SITE PLAN APPROVALS. AND I WAS LIKE, I'M NOT GONNA BE ABLE TO SLEEP FOR THE NEXT TWO DAYS BECAUSE WE JUST DROPPED 1,000,002 AND NOTHING GOT DONE. IF I HAD THE MESSAGE BOARD, I COULD SEE, LIKE, AS HE'S TELLING ME, I'M LIKE TYPING, I AM JUST BEING TOLD WE SPENT 500 GRAND AS, DOES ANYBODY REMEMBER US SETTING A NOT TO EXCEED LIMIT WHEN WE HIRED THE CONSULTANT? AND THEN WE'D START HAVING DISCUSSION OF LIKE 750 GRAND, OH MY GOD. AND WE GO ALL BACK THROUGH THE WAY WE DO IT NOW I GOTTA GO HAVE AN AGENDA ITEM, I GOTTA REQUEST IT, THEN WE GOTTA COME UP HERE AND I GOTTA SAY, LOOK, I HEARD SOME NEWS, I DON'T REALLY [02:10:01] LIKE IT. I THINK I WANNA FIRE, YOU KNOW, A CONSULTANT OVER IT. I THINK I WANNA DO THIS, I WANNA DO POLICY. IF WE HAVE A MESSAGE BOARD, IT'S ALMOST A WAY TO HAVE THAT CONVERSATION WITHOUT GOING THROUGH THE 72 HOUR NOTICE, HAVING IT ALL DONE. WHEN REALITY, JAMES IS A SMART PERSON, HE'S GONNA READ THAT AND KIND OF START SEEING, HE LEAVES LIKE, MAN, THERE'S LIKE FIVE PEOPLE NOT REAL HAPPY WITH THIS. JAMES MAY TAKE IT ON HIS OWN TO SAY, HEY, WE'RE GONNA MAKE SOME CHANGES HERE COMING UP. BECAUSE HE WOULD KNOW THAT POTENTIALLY THE MAYOR OR COUNCIL MEMBER'S GONNA COME UP AND THROW AN AGENDA ITEM AND THEY'RE GONNA MAKE THE DECISION ANYWAY. AND SO STACY USED TO DO THAT ALL THE TIME. SHE WOULD READ LIKE FACEBOOK, PEOPLE WOULD COMPLAIN ABOUT SOMETHING AND SHE WOULD GO AHEAD AND START WORKING ON IT WITH WARREN TO WHERE WHEN I CAME IN ON MY MEETING AND SAID, HEY, HERE'S THE THINGS THAT PEOPLE BROUGHT UP. SHE WOULD SAY, WE'VE ALREADY STARTED ON BOOM, BOOM, BOOM, BOOM. AND SO EVEN IF THERE IS AN ITEM SOMEONE COULD SAY LIKE, SAY LIKE, UH, TEN ONE, I MEAN I COULD SEE MYSELF GOING, HEY, WHO, WHAT'S THE CONCERN HERE? LIKE, DID, DID ONE, DID SOMEONE HAVE A CONCERN? NOW IF A PERSON HAD A CONCERN, THEY COULD SAY, WELL, I'M GONNA WAIT UNTIL THE MEETING TO SAY IT. OR, YOU KNOW, COUNCIL MEMBER CLARK COULD THEN JUST TALK ABOUT WHY HE HAD IT. AND THEN I THINK IT ACTUALLY WILL SPEED UP OUR MEETING THEN. BECAUSE GOD FORBID IF I, IF I HAD THE MESSAGE BOARD, WHAT WAS THAT, WHAT I WAS TALKING ABOUT? THE, THE PROCUREMENT POLICY. WE'D BE TALKING ABOUT DIFFERENT THINGS AND WE'D COME UP HERE AND NOT THAT YOUR MIND'S MADE UP, BUT YOU'D KIND OF ALREADY SEE LIKE, I SEE WHAT COUNCIL MEMBER SUTTON'S POINT IS ON THIS. WHEREAS NOW WE, WE SPEND MORE TIME DEBATING. YOU'D ALMOST DEBATE THAT ON YOUR OWN TIME. AND UM, I THINK IT'S AN AWESOME THING THAT, THAT THAT TEXAS STATE ALLOWS YOU TO HAVE THIS ONLINE AND NOT VIOLATE ANY RULES. AS LONG AS YOU'RE NOT SAYING, I'M VOTING THIS AND I'M VOTING THIS, WE'RE PULLING VOTES. BUT, SO I LOOK AT IT LIKE THAT. I THINK IT TO MAYOR PROTON. I THINK THAT SPEECHES UP, THAT'S YEAH, IT'S MY HOPE IS THAT, YEAH. AND I THINK, I THINK OVER TIME I COULD SEE STAFF LOOKING AT IT AND WORKING, GOING, OH MY GOD, I KNOW, I KNOW JAMES IS GONNA BE ASKING ME ABOUT THIS. SO THEY'RE ALREADY WORKING ON MONDAY MORNING AND HE COMES IN WEDNESDAY, PROBLEM SOLVED. WELL, YEAH, OR YOUR, CUZ THEY'RE, I THINK HE SAID THEY'RE GONNA BE AT LEAST LOOKING AT IT, HAVE VISIBILITY TO IT. AND SO IF HE SEES A BIG, LONG CONVERSATION AND I SEND AN EMAIL SAYING, HEY, I NEED MORE INFORMATION, I'M ALREADY ON IT AND HERE'S YOUR ANSWER, OR I'M WORKING ON IT AND I'LL GET AN ANSWER TO YOU. SO I THINK AS LONG AS WE CAN DO THAT, I MEAN THAT MAKES SENSE TO ME. AND NO FAITH, THERE'S NO FACEBOOK TROLLS ON IT, SO IT'S JUST US TROLLING EACH OTHER, RIGHT? I MEAN, IT'S JUST SEVEN PEOPLE I DON'T KNOW, BUT THE PUBLIC CAN SEE IT. SO IT CAN BE SCREENSHOT, YOU KNOW, IT CAN BE, THEY CAN SEE THIS MEETING, I MEAN, AND THEY DO THEY LITTLE CLIPS OF VIDEOS. I MADE A COMMENT ONE TIME AND THEY PUT A DIFFERENT AUDIO TO IT AND I SAID, I GOTTA BE CAREFUL WHAT I SAY CUZ PEOPLE CAN JUST ADD STUFF TO THINGS. UM, BUT THAT, THAT'S THE EXAMPLE I SEE IS I SEE IT A WEIGHT ALMOST MAKE THIS GO A LITTLE FASTER BECAUSE I TEND TO DIG INTO THE WEEDS ON EVERYTHING AND SO THEN I CAN DIG INTO THE WEEDS. YOU GUYS CAN SAY IT, NAH, I DON'T BUY IT OR WHATEVER. AND THEN, UM, WE COME UP HERE AND IT, TO ME IT GOES FASTER. BUT THAT'S JUST MY THOUGHT. I THINK THE COUNCIL PROTOCOLS IS ANOTHER EXAMPLE OF ONE THAT WE COULD HAVE DISCUSSED. CUZ YOU, YOU CAN'T, YOU CAN'T GO AND DISCUSS THAT WITH MORE THAN ONE OR TWO PEOPLE. SO IF WE COULD HAVE ALL DISCUSSED, WE COULD HAVE GOTTEN A LOT OF ISSUES OUT, GOTTEN IT ALL FLESHED OUT AND THEN JUST HAD SOMETHING TO PASS AND NOT HAD TO HAVE ALL THE DISCUSSION. I MEAN, IT'S GOOD TO HAVE THE DISCUSSION IN PUBLIC AND THAT IS STILL IN PUBLIC. IT'S JUST NOT ON THURSDAY NIGHT. YEP. HERE KEEPING A LOT OF OTHER PEOPLE STUCK IN THE ROOM, WAITING FOR US TO FINISH. SO COOL. AND, AND THE OTHER THING THING THAT IN THE MEETING IS, YOU KNOW, THE THE MESSAGE BOARD SO IT DOESN'T GET CLUTTERED WITH TOO MUCH CRAP. IT ONLY IS GONNA STAY FOR 30 DAYS. THEY'LL MAINTAIN IT OFFSITE FOR TEXAS MEETING ACT. SO IT'S REALLY ONLY GONNA HAVE THE STUFF THAT'S PERTINENT TO WHAT'S BEING WORKED ON THAT MONTH. UM, THAT I THOUGHT THAT I THOUGHT WAS ALSO INTERESTING. UM, AND YOU KNOW, REGARDLESS OF, SOME PEOPLE SAY THAT SOME PEOPLE LIKE OTHER PEOPLE OR WHATEVER, I DON'T GET INTO ANY OF THAT. ALL I'M SAYING IS I LOOK AT POLICY INDEPENDENT OF WHO IS ON COUNCIL. I THINK THIS IS A TOOL AND IT MAY OR MAY NOT GET USED BY THESE PEOPLE, THE CURRENT SEVEN PEOPLE UP HERE ON COUNCIL. WELL OR NOT. BUT THAT DOESN'T MEAN IT'S NOT A TOOL THAT CAN'T BENEFIT THE NEXT COUNCIL THAT'S HERE IN THE FUTURE. SO IF YOU DON'T START IT NOW, THEN YOU DON'T HAVE THAT OPPORTUNITY TO SEE WHAT IT IS. AND IF IT'S A TOTAL CLUSTER, I MEAN WE COULD ALWAYS SUSPEND IT LIKE OTHER STUFF. I MEAN, I DON'T KNOW. UH, SO WHAT ABOUT LIKE LIAISON REPORTS? THAT WOULD BE A GREAT PLACE TO YOU LIVE ON THERE. WE DON'T NEED TO DO 'EM IN HERE. THAT'S GONNA SAVE TIME, RIGHT? I MEAN I'M ALL THAT'S NOT A GOOD IDEA. THAT'S A GOOD ONE, RIGHT? NOMINATING COMMITTEE REPORTS OF HEY, THIS IS WHO WE'RE GONNA NOMINATE THIS WEEK. YEP. AND THEN EVERYONE KNOWS YOU'RE NOT PICKING WHO YOU'RE GONNA VOTE FOR. YEP. YOU'RE SAYING THIS IS, THIS IS, AND IF YOU CAN ATTACH FILES, IF WE COULD PUT THE RESUMES THERE SO THEN WE COULD SEE THEM, THAT WOULD ALSO BE AWESOME. MM-HMM. THEN THE PUBLIC SEES IT AND THEY KNOW WHO'S COMING UP. AND THEN IF [02:15:01] PEOPLE KNOW THAT WE'RE DOING A NOMINATING COMMITTEE IS MEETING FOR A PARTICULAR THING, THEY CAN PUT ON THAT MESSAGE APP. HEY, WE'RE MEETING FOR THIS. WE'VE HAD, IF ANYBODY ELSE WANTS TO SNEAK IN THEIR RESUME, WE'RE LOOKING AT BOARD FOR MM-HMM. , THIS, THIS THING. COOL. TALK INTO IT, HUH? OTHER DISCUSSION. I MEAN, IT, IT SOUNDS GREAT. I MEAN IT REALLY DOES. I UM, I THINK THAT'S KIND OF WHERE ISAAC WAS TRYING TO GO WITH THESE AGENDA ITEM REPORTS THAT WAS, GOES ON THE FRONT OF EACH AGENDA ITEM AND EACH COUNCIL MEMBER SAID, WHEN WE CALL FOR AN ITEM, WE'RE GONNA PUT WHY WE WANT IT OR THE BACKSTORY OR WHAT WE'RE LOOKING FOR. LIKE, I THINK THAT WAS KIND OF THE POINT. SO I THINK THAT'S KIND OF WHERE ISAAC WAS WANTING US TO GET TO, TO HELP EXPEDITE. THAT'S SOMETHING THAT HE TRIED TO PUT IN THERE TO HELP EXPEDITE, BUT UNFORTUNATELY IT REALLY DIDN'T GET UTILIZED. UM, SO I, I'M HOPEFUL FOR THIS. MAYBE THIS MAYBE IS MORE OF A, A QUICKER INSTANT GRATIFICATION, YOU KNOW, SO WE FEEL LIKE WE'RE GETTING RESPONSES A LITTLE BIT FASTER. UM, AND HOPEFULLY WE'LL KEEP THOSE, UM, GOTCHA MOMENTS TO A MINIMUM. SO IF WE'RE LOOKING AT THE PERSONNEL POLICY, THAT'S 142 PAGES, BUT THE MAYOR REALLY ONLY WANTS TO LOOK AT THREE OF THOSE PAGES. I'M GONNA KNOW THAT, LIKE, I'M GONNA KNOW, LIKE, OH, OKAY. SO THE MAYOR WANTS TO, YOU KNOW, FOCUS IN ON PD ISSUES. OKAY. SO I'M NOT JUST BLINDLY LOOKING THROUGH 142 PAGES. SO I THINK THAT, THAT, IF THAT IS HOW THIS IS GOING TO BE USED, I THINK THAT ALL OF THAT SOUNDS FANTASTIC AND I THINK IT WILL HELP A LOT OF THOSE OTHER ISSUES, UM, THAT HAVE HAPPENED UP HERE. UM, OF COURSE, I DON'T WANT IT TO BECOME WEAPONIZED IN ANY KIND OF WAY. AND OBVIOUSLY MY JOB, I'M NOT ABLE TO BE ON MY COMPUTER A LOT DURING THE DAY, SO MOST OF MY RESPONSES ARE GONNA COME AFTER 9:00 PM AND MAYBE THEY'RE GONNA BE KIND OF DISJOINTED BECAUSE IF THE CONVERSATION'S GOING ON THROUGHOUT, YOU KNOW, THE WHOLE DAY AND THEN MY AVAILABILITY INTO IMMEDIATELY ACCESS AND ESSENTIALLY JOIN A CHAT IS GOING TO BE LIMITED DURING THE DAY. SO, AND I KNOW EACH COUNCIL MEMBER UP HERE HAS, YOU KNOW, A JOB AND OTHER THINGS THAT THEY DO AND HAVE DIFFERENT AVAILABILITY. SO, UM, I DON'T WANT THAT TO SEEN, LIKE IF I'M NOT RESPONDING IN THAT MOMENT, THAT I'M NOT A RESPONSIVE COUNCIL MEMBER. IT'S JUST MORE OF A, WHEN, WHEN I DO HAVE TIME, IT IS USUALLY IN THE LATER EVENING HOURS, UM, WHEN SOME OF YOU MAY ALREADY BE ASLEEP. SO I WANNA ASK THAT WHATEVER WAY WE DO IT, SINCE WE ARE CURRENTLY BEING PROVIDED AT COUNSEL PHONE, THAT IT'S, IS IT AN APP THAT WE CAN USE ON THE PHONE OR SOMETHING LIKE THAT? UM, CUZ THAT, DO THEY HAVE SOFTWARE LIKE THAT? DO YOU KNOW JAMES? NO, I DON'T KNOW. I'D SAY IT'D BE A GOOD THING TO HAVE IF THEY HAVE IT, BUT I WOULDN'T WANNA HOLD IT UP OVER NO, I'M NOT, I'M NOT SAYING HOLD IT UP, BUT I'M JUST SAYING LIKE, IF IT'S GONNA BE, YOU'VE GOTTA GO TO A WEBSITE AND THEN LOG INTO A THING OR WHATEVER, LIKE IT'S, THAT'S GONNA BE VERY LIMITING. I I THINK WHAT IT IS PROPOSING IS BASICALLY A FORMS.NET ACCOUNT FOR, FOR THE PURPOSES OF THE BOARD. SO, OKAY. SO IF WHATEVER THAT WOULD BE RE YOU KNOW, MAKES AVAILABLE, I DON'T KNOW. BUT OTHER THAN THAT IT'S STAFF IS EFFECTIVELY JUST PROCURING IT, MAKING IT AVAILABLE. AND THAT'S ABOUT THE EXTENT OF IT. I WAS JUST SAYING IF THERE'S A CHOICE BETWEEN TWO AND ONE OF 'EM HAPPENS TO HAVE A, SO THIS COULD GET A, IF WE'VE ALREADY GOT SOME KIND OF TECH FOR THIS, THIS COULD BE GOING BY THE END OF THE MONTH. YES. AND IF WE DON'T LIKE THE FORMAT OF IT, BUT WE LIKE WHAT'S HAPPENING, WE CAN ALWAYS COME BACK TO A BUDGET AMENDMENT AND SAY, HEY, THERE'S THIS OTHER, AUSTIN USES A REALLY GREAT PROGRAM, WE'D LIKE TO TRY THAT OUT. BUT IN THE MEANTIME, WE COULD HAVE IT UP AND GOING BY DECEMBER 1ST. WELL, CAN'T BE ANDROID THOUGH. THE WHOLE CONVERSATION BEFORE ABOUT APPLE AND ANDROID. IT PROBABLY HAS TO BE SECURE, YOU KNOW, CYBER SECURITY AND MM-HMM. , I DON'T KNOW IF YOU'RE MORE LIKELY WITH APPS VERSUS A.NET. I DON'T, I DON'T KNOW, BUT ALL RIGHT. ANY OTHER DISCUSSION ON THE MOTION? AND I DON'T THINK YOU WERE HERE TEMPORARILY. THERE WAS A MOTION MADE AND SECONDHAND TO PASS IT. SOUNDS GOOD. GOOD. HEARING ANOTHER DISCUSSION, PLEASE CALL THE VOTE COUNCIL MEMBER KENZIE. AYE. MAYOR, PRETEND GORDON. AYE. COUNCIL MEMBER KOLAR AYE. COUNCIL CLARK AYE. COUNCIL MEMBER THORNTON AYE. COUNCIL MEMBER SUTTON AYE. MAYOR SCHNEIDER. AYE. MOTION PASSES. SEVEN [11.2. Consideration and possible action on Resolution No. R-2022-092, authorizing the City Manager to act for the City in connection with the City's award of American Rescue Plan Act funding from Williamson County and authorizing the City Manager to execute a letter agreement with the City of Taylor, Texas.] RAISE TO ITEM 11, TWO CONSIDERATION POSSIBLE ACTION ON RESOLUTION NUMBER R DASH 2020 PAYMENT. I NEED, DO I, HOLD ON A SECOND. DO I NEED TO RECALL 11 ONE? I FORGOT TO MAKE THE NOTICE THAT IT WAS RESOLUTION R DASH 2022 DASH 94. IS IT FOR SEVEN ONE? YES. THE CITY SECRETARY UPDATED [02:20:01] THE MAYOR AT THE BEGINNING OF THE MEETING. YEAH, I FORGET STUFF REAL QUICK. SO DO I NEED TO RECALL THAT US REDO THAT MOTION TO PASS? OH, 94. SO WHAT'S IN OUR PACKET IS 70, THE NUMBER SHOULD HAVE BEEN 0 94 INSTEAD OF 0 9 1. IT WENT OUT AS 0 91. THAT WAS THE TYPO. YOU JUST WANNA MAKE A MOTION NOW TO AUTHORIZE THE CITY SECRETARY TO CORRECT THE NUMBER. UM, YEAH, BECAUSE TO CUSTOMER CLARK'S POINT, THE, IN THE, IN THE PACKET IT SAYS OH SEVEN EIGHT. SO WE'LL JUST DO THAT JUST TO BE SAFE. YEAH. ALL RIGHT. SO, OKAY, SOON. IF THERE'S NO OBJECTIONS, I'LL RECALL ITEM 11 ONE AND THEN I'LL MAKE A MOTION TO DIRECT THE, TO, TO DIRECT STAFF TO UPDATE THE RESOLUTION TORE R DASH 20 22 94. WILL THAT SUFFICE? YEAH. SECOND. SECOND. SECOND BY COUNCIL MEMBER THORNTON, ANY DISCUSSION? ALL RIGHT. HEARING NONE, PLEASE CALL THE VOTE. MAYOR SCHNEIDER. AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER THORNTON AYE. COUNCIL MEMBER CLARK. AYE. SORRY. COUNCIL MEMBER KOLAR. AYE. MARI. TIM GORDON. AYE. COUNCIL MEMBER KENZIE AYE. MOTION PASSES SEVEN ZERO. APOLOGIZE FOR THAT. ALL RIGHT. NOW WE'RE ONTO 11 TWO CONSIDERATION POSSIBLE ACTION ON RESOLUTION NUMBER R DASH 2022 DASH 92 AUTHORIZING THE CITY MANAGER TO ACT FOR THE CITY IN CONNECTION WITH THE CITY'S AWARD OF AMERICAN RESCUE PLAN ACT FUNDING FROM WILLIAMSON COUNTY AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE CITY OF TAYLOR, TEXAS. THIS IS LISTED AS LEGAL MAYOR, BUT UM, I THINK I'LL TAKE IT THE FIRST STAB AT IT AND THEN LET DOTTY FILL IN ANY OF THE POINTS THAT, THAT ARE RELEVANT FOR THE RECORD. JAMES, I, CITY MANAGER. SO WHAT, WHAT YOU HAVE BEFORE YOU IS EFFECTIVELY A LETTER TRYING TO START TO ESTABLISH THE AGREEMENT BETWEEN THE CITY OF HU AND THE CITY OF TAYLOR, AT LEAST IN A LETTER FORMAT THAT WOULD BE ADOPTED BY RESOLUTION TO MAKE IT MORE FORMAL FOR THE PURPOSES OF PROVING UP THE REGIONAL, THE REGIONALIZATION OF THE PLAN FOR THE, THE SEWER PROJECT ON THE SOUTHEAST PART OF, UH, HU TO, UH, TO PROVIDE AND EXTEND SEWER SERVICE INTO THE WESTERN PORTION OF THE CITY OF TAYLOR. THE COUNTY REACHED OUT TO US, UH, AND, AND GAVE US, UH, FEEDBACK ON THE APA FUNDS STATING THAT UH, THEY NEEDED SOME SORT OF FORMALIZED PROOF THAT WE WERE WORKING ON OUR REGIONAL PROJECT AND THAT IT WOULD PROVIDE A SOLUTION TO TAYLOR, UH, LESS THEY WOULD REDUCE THE APA ALLOTMENT. UM, AND, AND WE WOULD NOT BE OBLIGATED TO PROVIDE A REGIONAL SOLUTION. I'VE MET WITH THE, THE STAFF OF THE CITY OF TAYLOR AND WE HAVE, THEY, THEY CERTAINLY ARE INTERESTED IN A REGIONAL SOLUTION. UH, AS YOU MAY WELL KNOW, THEIR, THEIR SEWER BASICALLY DRAINS TOWARD, UH, TOWARD US ON THAT KIND OF, THAT PORTION OF, OF THE SOUTHWEST PART, MOSTLY BETWEEN WHERE SAMSUNG IS BEING BUILT AND FRAME SWITCH 33 49 IN THAT AREA. SO THEY'VE ASKED IF THE CITY OF HUO CAN BECOME A WHOLESALE PROVIDER FOR SEWER IN THAT AREA AND HAVE PROVIDED US WITH SOME PROJECTIONS. SO THE UE COUNTS, UH, HAVE BEEN PROVIDED FROM, UH, THE CITY OF TAYLOR. THE, THE $5 MILLION CREDIT IS THE DOLLAR AMOUNT THAT OUR APA ALLOTMENT WOULD BE REDUCED BY IF WE WERE NOT WORKING ON A REGIONAL PROJECT. SO RATHER THAN, WE OBVIOUSLY DO NOT KNOW THE EXACT SPECIFICS TODAY BECAUSE THE PROJECT ISN'T ACTUALLY BUILT OR DESIGNED. SO WE, UH, UH, THE STAFF ELECTED TO PROPOSE GIVING A 5 MILLION CREDIT TOWARD THE UPSIZING THAT WOULD BE NECESSARY FOR THE UE COUNT THAT THEY'RE ASKING FOR. AND IF THERE'S MONEY LEFT OVER OF THAT 5 MILLION, SAY THAT THEY ONLY NEEDED ACTUALLY 3.8 OF THAT FIVE, THEN WE WOULD TAKE THE OTHER 1.2 AS CREDIT FOR, UH, PREPAID IMPACT FEES. IF IT WAS, IF IT WAS OVER THE 5 MILLION, WELL THEN THEY WOULD HAVE TO PAY THEIR CAPITAL, UH, SHARE FOR EACH CONNECTION THAT WOULD CONNECT AFTER THAT. UM, SO THAT WAY WE END UP NOT HAVING TO HAVE ANY MONEY OUTTA POCKET PER SE, EXCEPT FOR ANY OVERSIZING THAT WE MAY HAVE TO CARRY ON OUR BOOKS UNTIL THE TIME THAT, YOU KNOW, TAYLOR ACTUALLY NEEDS, UH, ANYTHING OVER THE $5 MILLION. SO THERE MIGHT BE SOME, UH, CAPITAL COST THAT IS, UH, MAROONED FOR A SHORT PERIOD OF TIME. WE DID A QUICK ESTIMATION OF WHAT WE THINK $5 MILLION [02:25:01] WOULD, WOULD COVER IN THE NUMBER OF LS, AND IT'S ABOUT 1,718 HUNDREDS AND THEY'RE CURRENTLY ASKING FOR A FIRM 2000 POTENTIALLY UP TO 25 78. UH, BUT SOME OF THAT WOULD BE POTENTIALLY TEMPORARY, UH, FOR THE RCR SITE. SO THE ORIGINAL PLAN WAS TO PROVIDE PERMANENT WASTE WATER SOLUTION TO THE RCR SITE. BUT SINCE THEN RCR HAS NEGOTIATED, UH, ANOTHER SOLUTION TO PUMP SEWER BACK TOWARDS SAMSUNG AND GET INTO SAMSUNG'S LINE TO MY UNDERSTANDING. BUT WE MIGHT HAVE OUR PROJECT DONE BEFORE THAT PROJECT IS ONLINE. SO TAYLOR WOULD LIKE TO RESERVE THE RIGHT TO TEMPORARILY MOVE SOME OF THE RCRS WHO WERE TOWARD US, UH, IF, IF THAT WORKS OUT TO THE BENEFIT OF RCR. UH, AND IF THAT DOES, THEN THEY WOULD JUST PAY FOR THAT. AND IF NOT, THEN UH, WE WOULD ONLY BE ON THE SPECIFIC HOOK FOR, UH, THE, THE FIRM L E COUNT. SO THE LETTER BASICALLY LAYS ALL THAT OUT AS CLEAR AS YOU POSSIBLY CAN IN A LETTER FORMAT TO FOLLOW IN THE FUTURE WOULD BE AN ILA BETWEEN THE TWO CITIES. WE'LL HAVE TO ESTABLISH WASTEWATER, WHOLESALE RATES AND, UH, THE, THE QUALITY REQUIREMENTS AND, UH, THE REQUIREMENT OF THEM TO COLLECT OUR IMPACT FEES AND, AND SO ON AND SO FORTH. SO THERE'S MORE THINGS TO COME. THIS IS THE FIRST STEP. I GUESS I'LL START. I THINK THIS IS WORDED IN A WAY THAT I CAN WHOLEHEARTEDLY SUPPORT BECAUSE, UM, THEY'RE PAYING THEIR FAIR SHARE. IF IT GOES ABOVE 5 MILLION THE WAY I READ IT, THEY'RE GONNA HAVE TO CHIP IN MORE ON CAPITAL COSTS. THEY'RE GETTING A WHOLESALE AGREEMENT, HAVE NO PROBLEM HELPING OTHER PEOPLE. AND IF ANYTHING, IF THEY CHIP IN IN A YEAR FROM NOW, UM, RCR COMES UP WITH A BETTER PLAN THAT'S CHEAPER FOR THEM, BUT WE'RE NOT GIVING THE MONEY BACK. WE ALREADY BUILT IT AND RESERVED IT. AND SO I THINK ONE OF THE ISSUES I'VE HAD WITH GOVERNMENT IS IT SEEMED LIKE HU DIDN'T WANNA HELP ANYBODY. NOBODY WANTED TO HELP. HU AND I DON'T KNOW WHY EVERYBODY HAS TO DO EVERYTHING ON THEIR OWN. AND I HAVE THIS TO ME SEEMS LIKE A PERFECT EXAMPLE OF ONE CITY WORKING WITH ANOTHER. WE BENEFIT, THEY BENEFIT, SOMETHING TELLS ME LATER ON SOMETHING MAY HAPPEN IN TAYLOR THAT BENEFITS US, BUT, UM, YEAH, I DON'T SEE ANY ISSUES WITH THIS AT ALL. I MAKE A MOTION TO APPROVE AS PRESENTED. SECOND, I DID JUST WANNA ADD ONE THOUGHT, NOT NECESSARILY WITH THIS AGREEMENT, BUT WITH OUR WASTEWATER PROJECT NUMBER NINE, IT'S, UM, THE MEGA SITE. THERE'S THE EAST 24, THE, THE GRAVITY LINE, BUT THEN WE'RE ALSO, SO ESSENTIALLY IT'S NOT GOING ALL THE WAY UP 33 49. I DON'T KNOW IF THERE'S A WAY TO SOMEHOW, CUZ FRAME SWITCH IS NORTH OF THAT, UM, TO SOMEHOW BRIDGE THE GAP OF WHAT WE HAVE AS WASTEWATER PROJECT NINE UP TO FRAME SWITCH. AND I CAN CLARIFY THAT. SO, SO THE TAKE POINT WILL EFFECTIVELY BE WHEREVER WE DECIDE THE TAKE POINT IS. OKAY. I WAS USING FRAME SWITCH AS A GEOGRAPHICAL MARKER. OKAY. BUT REALLY THEIR SEWER DRAINS DOWN AND AWAY FROM FRAME SWITCH ANYWAY. OKAY. SO ORIGINAL PLAN WAS FOR THEM TO GO INTO THE LIFT STATION THAT WE WERE BUILDING AT THE MEGA SITE. BUT THAT PROJECT THAT'S RIGHT, THAT LIFT STATION IN THE TEMPORARY PLAN IS, IS UNDERSIZED FOR THE FULL 2000 UE. RIGHT? IT WOULD ONLY SERVE THE TEMPORARY SERVICE FOR RCR. THE THE 2000 THEN IS THE, IS WHAT YOU'RE TALKING ABOUT FROM THERE SOUTH, RIGHT? UH, THE GRAVITY LINE. SO WE WILL ESTABLISH EFFECTIVELY WHERE THE TAKE POINT IS AND IT'S UP TO TAYLOR TO GET THE SEWER TO THAT LOCATION. OKAY. UNDERSTOOD. I JUST WANNA MAKE SURE WE DIDN'T MISS OUT ON NO, YES MA'AM. YOU'RE CORRECT IN THAT EXTRA PIECE. OKAY. YEAH. OKAY. AND I JUST HAVE SOME SOMETHING TO ADD. I JUST WANNA SAY THANK YOU TO JAMES BECAUSE HE STARTED AS CITY MANAGER AND HE REALLY HUSTLED ON THIS TO MAKE SURE THAT WE GOT THE FULL 10 MILLION BECAUSE OTHERWISE WE WOULD, IT, THE NUMBER WOULD'VE BEEN DUMBED DOWN. AND I THINK YOU WORKED TO THE KIND OF THE DEADLINE RIGHT? ON THIS. YES MA'AM. AND SO I, I APPRECIATE THAT AND YOU JUST KIND OF DIVING RIGHT INTO IT. AND THIS IS A GREAT, UM, UH, DEAL WITH, WITH THE CITY OF TAYLOR AND SO I APPRECIATE IT. THANK YOU. WELL, WELL THANK YOU. LET ME TURN THAT COMPLIMENT BACK AROUND ON Y'ALL. SO YOU MAY NOT EVEN REALIZE IT, BUT I COULDN'T HAVE COMPLETED THIS HAD YOU ALL NOT BEGUN THE SEWER MASTER PLANNING THAT YOU DID WHEN YOU DID, BECAUSE THE BIGGEST PROBLEM OF A LETTER COMMITMENT LIKE THIS IS THE UNKNOWNS. IF YOU DON'T KNOW WHAT THE C I P PROJECTS ARE, WELL WHAT THEY'RE GOING TO COST, WHERE THEY'RE GOING TO BE WHEN THEY'RE GOING TO BE, IT'S VERY DIFFICULT TO PUT THIS TYPE OF A NEGOTIATED DEAL TOGETHER. AND I WILL ASK THIS INTO SOMEWHAT, [02:30:01] IT'S, IT'S A LEGAL QUESTION TOO. I DO ANTICIPATE TAYLOR TO MAKE SOME MINOR MODIFICATIONS TO THE ACTUAL FORM OF THE LETTER THAT'S BEEN PRESENTED TO YOU. SO I WOULD ASK IF IT'S OKAY IF IT'S NOT A SUBSTANTIVE CHANGE THAT CHANGES A DEAL POINT OR SOMETHING LIKE THAT, THAT Y'ALL WOULD BE OKAY WITH ANY TYPE OF MINOR MODIFICATIONS THAT MAYBE HOW IT'S WORDED. I I THINK YOU UNDERSTAND WHY WHAT I'M AFTER, CAUSE I'VE DRAFTED THAT LETTER. SO IT'S NOT, IT'S NOT LIKE THEY DRAFTED IT AND THEY MIGHT CHANGE IT. SO A DIFFERENT WAY. I KNOW WHAT THE DEAL POINTS ARE. I FEEL LIKE I CAN MAKE SURE THAT THEY'RE, THAT THEY'RE CAPTURED PROPERLY. BUT I DO ANTICIPATE AT LEAST SOME OTHER MINOR CHANGES AND, YOU KNOW, YEAH, I DRAFTED THE LETTER, SENT IT TO THEM, THEY MADE MODIFICATIONS, THEY SENT IT BACK, AND THEN I REDRAFTED THE LETTER AND THEN ATTACHED IT TO THE AGENDA. AND THEN THEY HAD A COUPLE OTHER THINGS THEY WANTED TO CHANGE. SO I DON'T THINK THEY'LL BE SUBSTANTIVE. I THINK IT'S JUST A MATTER OF WANTING TO CLARIFY FOR THEIR COUNSEL, FOR EXAMPLE, THEY DON'T ACTUALLY HAVE TO PUT ANY MONEY UP FRONT BECAUSE IT'S ARPA DOLLARS THAT ARE DOING IT. THAT IT'S A COUPLE THINGS LIKE THAT. LEGALLY, LET'S SAY WE VOTE LIKE THIS IS AND WE PASS IT. IF HE WANTED TO MAKE A NON SUBSTATIVE CHANGE SOMETHING I THINK WE'VE DONE IN EDC, COULD HE NOT SEND IT OUT TO THE COUNCIL AND JUST SAY, HEY, I MADE A LITTLE MINOR CHANGE. HERE'S THE RED LINE. IF YOU GUYS DON'T HAVE ANY PROBLEMS WITH IT BY NEXT FRIDAY OR BY WHATEVER DAY, THEN I'M GOING FORWARD. CAN HE DO THAT? YEAH, I THINK THAT, UM, REALLY THE MINOR CHANGES ARE GONNA BE TECHNICAL IN NATURE AND I THINK THAT THEY PROBABLY DO WANT TO CAPTURE THAT THERE'S NO CITY OF TAYLOR GENERAL FUNDS, YOU KNOW, FOR THIS PROJECT. SO I THINK YOU'VE ALREADY, HE'S ALREADY EXPLAINED REALLY WHAT THE AMENDMENTS ARE GONNA BE SO YOU CAN PASS IT, ALLOW HIM TO MAKE, UH, MINOR TECHNICAL AMENDMENTS. UM, I'M HAPPY TO SHARE IT WITH YOU ALSO SO YOU CAN SEE IT DOESN'T BOTHER ME IN THE LEAST. YEAH. DO YOU HAVE AN ISSUE WITH THAT? NO, I WANT TO JUST SEE THE RED LINE. DO YOU HAVE AN ISSUE? FINE CUSTOMER COLOR. RIGHT? SO THEN EMOTION WILL BE PASSING IT PASSING AS PRESENTED, ALLOWING THE CITY MANAGER TO MAKE NON SUBSTANTIVE YEAH, NON SUBSTANTIVE, UH, CHANGES. AND THEN HE'LL SHARE THE RED LINE WITH US PRIOR TO EXECUTING. RIGHT, RIGHT. ALL RIGHT. ANY OTHER DISCUSSION? ALL RIGHT. HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER SUTTON. HI, COUNCIL MEMBER KINZIE AYE. MAYOR SNYDER. AYE. MAYOR TIM GORDON. AYE. COUNCIL MEMBER KOLAR AYE. COUNCIL MEMBER CLARK AYE. COUNCIL MEMBER THORNTON AYE. MOTION PASSES SEVEN ZERO. THAT [11.3. Consideration and possible action on Resolution No. R-2022-093, authorizing the City Manager to enter into separation agreements not to exceed $50,000 or 60-days comparable salary, whichever is less.] BRINGS ITEM 11 THREE CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R DASH 20 22 93 AUTHORIZING THE CITY MANAGER TO ENTER INTO SEPARATION AGREEMENTS NOT TO EXCEED $50,000 OR 60 DAYS COMPARABLE SALARY. WHICHEVER'S LESS. MAYOR, COUNSEL FOR THE RECORD. JAMES IP, CITY MANAGER. SO I'M THE ONE THAT ASKED LEGAL TO DRAFT, UH, THIS, UH, POLICY. I DID NOT DRAFT THE POLICY. IT IS, IS A LEGAL LEGAL'S VERSION OF A POLICY THAT WOULD ALLOW SEPARATION AGREEMENTS. THERE'S A NUMBER OF ISSUES WHERE, UH, THESE TYPES OF AGREEMENTS HAVE BEEN ABUSED HERE IN THE PAST THAT WE'RE ALL FAMILIAR WITH, AND I THINK MOSTLY HAVE BEEN DISCLOSED PUBLICLY. AND CERTAINLY I DON'T WANT TO TO WADE INTO THOSE WATERS. HOWEVER, IT, IT, IT IS RATHER PRETTY COMMON FOR CITY MANAGERS TO HAVE THE ABILITY TO OFFER SEVERANCE FOR, UH, MORE SENIOR PERSONNEL, MORE PROFESSIONAL PERSONNEL, IF YOU WILL. THAT'S NOT THE ONLY TIMES THAT THEY'RE USED, BUT THOSE ARE USUALLY THE ONES WHERE YOU SEE THE MORE, TO CERTAIN DEGREE, IT'S A RECOGNITION OF THE FACT THAT THE LEVEL OF POSITIONS THAT WE HOLD, UH, ARE VERY DIFFICULT FOR YOU TO, FOR YOU TO FILL. IT'S VERY DIFFICULT NECESSARILY. SOMETIMES YOU GOTTA MOVE AND, AND SO ON AND SO FORTH. IT'S ALSO, UM, A WAY FOR THE CITY AND I THINK IN THE WAY THAT DOTTY DRAFTED THE, THE, THE LANGUAGE, UH, THAT HER, HER, HER STANDARD SEPARATION AGREEMENT WOULD INCLUDE, UH, ITEMS THAT WOULD, UH, PRECLUDE, YOU KNOW, FILING FRIVOLOUS EOC CLAIMS AND SO ON AND SO FORTH, WHICH TENDS TO HAPPEN, UH, AT TERMINATION WHENEVER FOLKS DON'T REALLY HAVE ANYTHING TO LOSE IF THEY'RE IN ANY TYPE OF PROTECTED CLASS. UH, IT DOES NOT PRECLUDE PEOPLE FROM FILING LEGITIMATE EOC CLAIMS BECAUSE GENERALLY SPEAKING, IF THEY HAVE A LEGITIMATE CLAIM, THEY'VE ACTUALLY BEEN DISCRIMINATED AGAINST, THEY'RE GONNA BE ENTITLED TO WAY MORE THAN UP TO 60 DAYS OF PAY ANYWAY. SO GENERALLY SPEAKING, THEY'RE NOT GONNA BE THE ONES THAT WOULD TAKE ANY TYPE OF SEVERANCE TO BEGIN WITH. UM, WHERE WE ENDED UP WITH THIS PARTICULAR POLICY AND UH, PROPOSAL IS I ASKED DOTTY AND I BASICALLY EXPLAINED IT THIS WAY AS LIKE RECOGNIZING THE HISTORY, RECOGNIZING HOW THEY WERE ABUSED AND RECOGNIZING THE ISSUES THAT I KNOW EVEN DOTTY AS THE CITY ATTORNEY MIGHT HAVE A, HAVE RAISED ABOUT SEPARATION AGREEMENTS, CRAFT A POLICY THAT YOU CAN SUPPORT THAT YOU THINK COUNCIL [02:35:01] CAN SUPPORT THAT WOULD GIVE ME SOME DISCRETION TO DO SEVERANCE AGREEMENTS, SEPARATION AGREEMENTS WITH WITH STAFF. UM, IN MY CAREER, I HAVE PREDOMINANTLY DONE 30 DAY, UH, SEPARATION AGREEMENTS. I HAVE DONE 60 DAYS ON MORE RARE OCCASIONS, BUT THEY STILL DO HAPPEN. I'VE ONLY DONE ONE 90 DAY SEPARATION EVER. UH, SO, AND I HAVEN'T DONE BUT PROBABLY EIGHT OR NINE IN MY ENTIRE SPAN OF MY CAREER. SO IT'S NOT NECESSARILY SOMETHING THAT'S TOO TERRIBLY COMMON TO HAVE HAPPEN EITHER. SO ON THAT NOTE, I EXPLAINED KIND OF WHERE I WAS COMING FROM TO DOTTY. UM, SHE, UH, UH, YOU KNOW, CHOSE THE, UH, THE 60 DAY AFTER AFTER CONSULTATION WITH ME. UM, BECAUSE I FELT LIKE THAT IS, THAT IS TO ME ENOUGH, UH, DISCRETION ON MY PART. IF IT'S SOMETHING THAT WOULD FOR WHATEVER REASON NEED TO EXCEED THAT AMOUNT OF TIME, THEN THAT'S SOMETHING THAT WOULD NEED TO BE BROUGHT TO COUNSEL AHEAD OF TIME FOR Y'ALL TO AUTHORIZE AN EXCEPTION TO THE POLICY. THE 50,000 IS SIMPLY MY PURCHASING AUTHORITY LIMIT IN THE PURCHASING POLICY. SO REALLY THAT WAS BECAUSE I WAS ARGUING FOR DAYS AND, AND DOTTY WAS, UH, SAYING, WELL, BUT THERE NEEDS TO BE A DOLLAR LIMIT, UM, ON THE, ON THE UPSIDE OF THAT. SO THAT'S WHY IT GOT PUT IN. DO I, WILL THERE EVER REALLY BE A TIME WHEN THAT NUMBER BECOMES, UH, YOU KNOW, THE LESSER OF THE TWO? UNLIKELY BECAUSE THAT MEANS THE EMPLOYEE WOULD HAVE TO BE MAKING $25,000 A MONTH. AND THAT'S, I MEAN, WE'RE YEARS AWAY FROM HAVING EMPLOYEES THAT WOULD BE GENERATING THAT TYPE OF REVENUE, UH, THAT ISN'T YOUR CEO OR SOMETHING TO THAT EFFECT. SO I DON'T THINK THE 50,000 REALLY WILL COME INTO PLAY, BUT IT DOES ADD THE CAP, UM, THAT, THAT, UH, LEGAL HAD ASKED FOR IN THE NEGOTIATIONS. I ALSO BELIEVE, UM, I HAD HEARD ONE OF THE CRITIQUES OF THE PAST WAS THAT THESE WEREN'T, UH, DISCLOSED BEFORE. SOME OF THEM WERE FOR LONGER PERIODS OF TIME, LIKE SIX MONTHS OR LONGER, AND THEY WERE VIEWED AS BEING ON CONTRACT EMPLOYEES OR ALL THESE OTHER NONSENSE. THAT'S NOT AT ALL WHAT I'M AFTER HERE AND I THINK IT'S PRETTY CLEAR. SO, SO DOTTY YOU KNOW, DRAFTED WHAT SHE DRAFTED, BUT SHE ALSO DRAFTED, UM, YOU KNOW, THE, THE REQUIREMENT THAT THESE BE DISCLOSED, UH, TO COUNSEL AFTER THE FACT. SO TO ME WHAT THAT DOES IS, IS IT ALLOWS ME TO MANAGE THE STAFF AND TO DEAL WITH PERSONNEL MATTERS WITHOUT HAVING TO BRING EVERY SINGLE DISCIPLINARY ACTION THAT MIGHT REQUIRE SOMETHING LIKE THIS TO COUNSEL, WHICH INVARIABLY WILL END UP BEING TALKING ABOUT THE PERSON. AND, AND IT'S VERY DIFFICULT TO SEPARATE THE PERSONNEL ADMINISTRATION FROM THE POLITICAL MACHINERY IF WE'RE TALKING ABOUT THE PERSON AND IT'S JUST HUMAN NATURE. SO THIS GIVES ME SOME COVERAGE, BUT ALSO ACCOUNTABILITY AND THAT'S ALL I'M ASKING FOR. SO FROM HERE I'LL DEFER TO DOTTY TO ADD ANY ADDITIONAL COMMENTS AND THEN I'LL BE HAPPY TO RESPOND TO YOUR QUESTIONS OR, OR CRITIQUES. AND THE ONLY THING THAT I WOULD SAY TALKS ABOUT A FORM APPROVED BY THE CITY ATTORNEY. YOU AS A COUNCIL HAVE APPROVED A SEPARATION AGREEMENT FOR THE FORMER CITY MANAGER. SO IT WOULD BE SIMILAR TO THOSE TERMS, BUT IT WOULD BE, UM, BASED ON THE CITY MANAGERS NEGOTIATIONS AND WHETHER OR NOT THAT EMPLOYEE ACTUALLY FITS INTO ANY OF THOSE CATEGORIES AND MAYBE, UM, IF THE EMPLOYEE NEEDED DURING THE, UM, TIME PERIOD BE AVAILABLE FOR, UH, WHAT THE CITY MANAGER WANTS. SO THERE'S, THE SEPARATION AGREEMENT IS REALLY GONNA BE BASED ON THAT FORM THAT YOU ALL HAVE APPROVED BEFORE. BUT, UH, THE, IT WILL GIVE THE CITY MANAGER THE ABILITY TO, UH, NEGOTIATE AND DETERMINE WHAT IT IS IN THERE. RIGHT. COMMENTS AND QUESTIONS FROM COUNCIL. WHEN I FIRST SAW SEPARATION AGREEMENTS, I KIND OF STARTED TWITCHING A LITTLE BIT. UM, BUT AFTER HAVING, UH, UH, DISCUSSED THIS WITH JAMES ON OUR ONE-ON-ONE THIS WEEK, AND, UH, READING THROUGH THE PROPOSAL AND UNDERSTANDING THAT THIS WAS DRAFTED BY LEGAL, UM, HEARING YOUR EXPLANATION TONIGHT, UM, I'M A LOT MORE COMFORTABLE WITH IT. I KNOW THAT THEY WERE ABUSED IN THE PAST PRETTY SEVERELY, LIKE YOU SAID. AND I THINK ONE OF THE MORE IMPORTANT THINGS FOR ME IN HERE IS THAT THESE ARE ALL DISCLOSED TO COUNCIL, SO WE'RE AWARE OF WHEN THEY'RE HAPPENING, UM, AND THAT WE'RE AWARE OF, OF THE AMOUNT AND, AND ALL THAT KIND OF STUFF. AND SO I I APPRECIATE THAT PART OF IT AS WELL AND APPRECIATE YOUR FORTHRIGHTNESS AND, AND OPENNESS WITH US TO REALLY KIND OF TALK ABOUT WHAT THIS IS AND, AND THE PURPOSE OF IT. CAN I, CAN I ADD FOR THE RECORD, BECAUSE THE PUBLIC MIGHT CARE. UM, THESE ARE, I UNDERSTAND BEFORE THERE WERE SOME NONDISCLOSURE, UH, CLAUSES THAT WERE TRIED TO BE USED TO KEEP THESE FROM BEING RELEASED PUBLICLY. UM, I [02:40:01] DON'T BELIEVE THAT THAT IS AT ALL SOMETHING THAT IS APPROPRIATE FOR THESE. THEY, THEY ARE PUBLIC DOCUMENTS. SO, UM, SO WE DON'T ENTER INTO THESE LIGHTLY BECAUSE THE EMPLOYEES WHO RECEIVE THEM ALSO HAVE TO BE AWARE THAT IF A SEVERANCE AGREEMENT IS PUT TOGETHER, IT IS NOT PROTECTED FROM OPEN RECORDS AND, AND BEING DISCLOSED. SO IT'S NOT JUST COUNSEL, I MEAN I'LL REPORT THEM TO COUNSEL BECAUSE IT'S A PART OF THE POLICY, BUT THEY'RE ALSO AVAILABLE TO THE PUBLIC SHOULD THEY BE REQUESTED IN PUBLIC, YOU KNOW, PUBLIC INFORMATION ACT, UH, REQUEST. SO IT'S NDAS, NONDISCLOSURES IS NOT USUALLY SOMETHING YOU SEE UNLESS, UNLESS THERE'S SOME SORT OF REASON TO PROTECT IT. LIKE MAYBE IT'S A SEXUAL HARASSMENT RELATED ISSUE AND YOU'RE TRYING TO PROTECT THE IDENTITY OF A VICTIM OR SOMETHING TO THAT EFFECT. THAT'S THE ONLY TIME I'M USED TO SEEING NON-DISCLOSURE AGREEMENTS, NON-DISPARAGEMENT AGREEMENTS WHERE YOU DON'T TALK BAD ABOUT ME IF YOU TAKE THE MONEY. THAT'S A LITTLE BIT MORE COMMON, BUT GENERALLY SPEAKING, THESE WILL NOT BE LOCKED AWAY BEHIND A VAULT SOMEWHERE AND NOT TO WHERE PEOPLE CAN ACCESS THEM, RIGHT? SO THERE'S NO WAY I CAN SUPPORT THIS. I MEAN THERE'S LIKE, LITERALLY, THERE'S A FEW THINGS I SAY THIS TO AND I THINK HUMAN COUNCIL, MAYOR CLARKS TALKED TO ME ABOUT PRINCIPLES. THERE IS ALMOST NOTHING THAT'S CAN BE SAID THAT'S GONNA GET ME TO SUPPORT THIS. AND, AND I'LL TELL YOU WHY. SO YOU SAY THAT THE WAY THIS IS WRITTEN, YOU'RE GONNA TELL US ABOUT 'EM AND THEN, YOU KNOW, LIKE LET'S SAY YOU LET GO OF FOUR PEOPLE, YOU PAY 'EM OUT $50,000 A PIECE. WELL THEN I'M UPSET WITH THAT. AND LET'S SAY THE WHOLE COUNCIL'S UPSET WITH THAT. WELL HOW DO WE HOLD YOU ACCOUNTABLE? THE ONLY WAY TO TRULY HOLD YOU ACCOUNTABLE IS SAY DON'T DO IT AGAIN. ONCE YOU GOT THE POLICY OR WE FIRE YOU, IF WE FIRE YOU BECAUSE WE'RE SO MAD ABOUT IT, WELL THEN WE GET TO PAY YOU A WHOLE YEAR'S SALARY FOR FIRING YOU BECAUSE YOU JUST FOLLOWED THE POLICY. AND SO FOR ME, IT'S NOT EVEN A, IT'S TOO SOON. I HAVE NEVER BEEN A FAN OF, UM, CONSULTING OR NOT CONSULTING, UM, THESE UH, UM, SEPARATION AGREEMENTS AND IT WAS SO SHADY BEFORE WE HAD SEPARATION AGREEMENTS, THEN WE HAD TERMINATION AGREEMENTS. WHAT WAS THE THIRD ONE CALLED? IT WAS LIKE ANOTHER WORDING. SEVERANCE. SEVERANCE, YOU KNOW, SO YOU CAN FIND THEM. AND SO, UM, I'D RATHER OUR POLICY BE WE JUST DON'T DO THAT. AND I KNOW WE ARE GONNA GET MORE E E O C COMPLAINTS CUZ WE GET 'EM ALL THE TIME NOW. AND THAT'S JUST, TO ME IT'S PART OF BUSINESS. BUT IF WE DO, THIS ALMOST MAKES IT WORSE. IF WE DO SEPARATION AGREEMENTS THEN A PERSON'S LEAVING AND THEY'RE GONNA, YOU KNOW, START RAISING KANE UNTIL THEY GET ONE BECAUSE THE OTHER PERSON GOT FOUR WEEKS OR FIVE WEEKS. AND SO THAT'S WHERE DID THIS THING NOT IN HUDA, WE JUST DON'T DO THAT. AND SO IF YOU COME TO APPLY HERE, PEOPLE DO THE RESEARCH AND CUZ THERE WAS A PERSON WE INTERVIEWED LIKE EVERY PER EVERY PLACE THEY WENT, THEY GOT A SEPARATION AGREEMENT. AND I WAS LIKE, GOOD GOD. I MEAN EVERY SINGLE TIME. AND SO I LOOK AT IT AND, AND I APPRECIATE THAT PEOPLE HIGH UP, YOU MOVE YOUR FAMILY HERE, YOU DO ALL THAT. ON THE FLIP SIDE, CITY EMPLOYEES GET BENEFITS. THE HIGHER UP ONES THESE WOULD GO TO THAT THE COMMON PERSON DOESN'T GET, THEY GET A GREAT HEALTHCARE SYSTEM FOR EVERY DOLLAR, A 401K OR WHATEVER THEY CALL IT, UH, FOR THE CITY. THEY GET A $2 MATCH ON THAT. WHERE MOST PEOPLE, THEY GET 50 CENTS AND SO THEY GET ALL HOLIDAYS OFF. THEY UM, THERE'S A LOT OF BENEFITS OUTSIDE OF, I WOULD NEVER WANNA BE A CITY SECRETARY BECAUSE WE'RE HERE UNTIL MIDNIGHT AND UNFORTUNATELY ANGELA'S GOTTA LISTEN TO US. BUT FOR THE MOST PEOPLE YOU'RE GONNA PAY THIS TO, TO ME, UM, YOU DO YOUR JOB RIGHT? I'VE SEEN A LOT OF CITIES EMPLOYEES STAY A LONG TIME, BUT IF THEY DO SOMETHING THAT WARRANTS HIM SEPARATING, THEN I'LL BE HONEST, I'M KIND OF LIKE, LIKE ANY OTHER JOB, YOU DIDN'T DO YOUR JOB AND IT'S NOT WORKING OUT. THEN THEY EITHER NEED TO COMPLAIN TO US THAT WE HAVE A TYRANT FOR A CITY MANAGER OR UM, WE JUST SAY, YOU KNOW, YOU'RE FIRED AND IF THEY WANNA COMPLAIN, THEY CAN BRING IT UP HERE IN FRONT OF THE COUNCIL AND WE CAN TALK ABOUT IN PUBLIC, AS EVERYBODY KNOWS, I DON'T LIKE GOING IN THE BACK AND TALKING ABOUT ISSUES. SO THAT'S ANOTHER THING IF YOU DON'T WANT TO AIR YOUR LAUNDRY DIRTY, LAUNDRY OUT IN PUBLIC, BUT I JUST, I'M JUST NOT A SUPPORTER OF SEPARATION AGREEMENTS. AND IT'S NOT THAT I JUST TRUST YOU, BUT WHEN I GET, WHEN THE COUNCIL GETS ALL FRUSTRATED AND SAYS, YOU'RE DOING TOO MANY, I YOU JUST TURNED OVER 15 PEOPLE, WELL THEN WE GO, LIKE I SAID, WE GO, IT'S ONLY DIRECTORS THOUGH. IT DOESN'T MATTER. I MEAN DIRECTORS, HE CAN CHANGE THE NAME OF PEOPLE. I MEAN WE'RE WORKING, I MEAN I'VE BEEN THROUGH, I'VE BEEN THROUGH THINGS TO WHERE NAMES AND EVERYTHING CHANGES, WHATEVER THE GRAY AREA IS, AND I'M NOT MAKING DECISIONS BECAUSE OF JAMES. JAMES MAY, HE MAY BE RUNNING DALLAS HERE IN SIX MONTHS. I MAKE DECISIONS BASED ON JUST THAT POSITION AND [02:45:01] THAT POSITION HAS THE POWER TO CHANGE THAT NAME WITHOUT COMING TO US. AND THEN AS SOON AS THEY CHANGE THE NAME, BOOM, THEY PAY 'EM OUT. AND IT COULD BE, I MEAN, IT COULD BE THE LOWEST PERSON, IT'S JUST A PRINCIPLE FOR ME. AND I KNOW I GET CAUGHT UP ON THINGS LIKE THAT AND PEOPLE SAY THAT'S A PRINCIPLE, BUT SEPARATION AGREEMENTS AND ME AT LEAST UNTIL I'M DONE WITH THE LITIGATION INVOLVING THE CURRENT SEPARATION AGREEMENTS WE'RE DEALING WITH, THEN MAYBE I'LL REVISIT IT. BUT ALSO I GOT PROBABLY A YEAR LEFT ON THOSE. UM, BUT I DO THINK YOU BRING UP GREAT POINTS. I JUST CAN'T, IT'S JUST A PRINCIPLE THING. MM-HMM. . YEAH, I MEAN I THINK THERE'S SAFEGUARDS IN THERE ABOUT EVERYTHING COMING TO US WHENEVER EACH SEPARATION AGREEMENT IS EXECUTED. SO IF THEY'RE, I MEAN THEN EIGHT OR NINE IN OVER 15 YEARS AND ALL OF A SUDDEN HE DOES 15 ALL AT ONCE, I MEAN OBVIOUSLY WE WOULD HAVE A, A HUGE ISSUE AND I DON'T THINK THAT'S WHAT HIS TRACK RECORD SHOWS, BUT REGARDLESS OF WHO IT IS IN THAT IT'S POSITION, YOU CAN ALWAYS AMEND THE POLICY. THAT'S WHAT WE'VE BEEN SAYING OVER AND OVER AND OVER AGAIN. IF IT GETS OUT OF WHACK OR OUT OF CONTROL, THEN WE HAVE THE POWER TO AMEND THE POLICY AND THE POLICY SAYS WHICHEVER IS LESS. SO I UNDERSTAND THAT YOU'RE GOING TO THE EXCESSIVE 50,000 A POP, BUT IN REALITY, NO DIRECTOR GOING INTO ANY OF THESE TODAY WOULD RECEIVE 50,000. IT WOULD BE A MAXIMUM OF 60 DAYS AND THAT'S THE MAXIMUM. UM, SO I FEEL LIKE IT'S, I UNDERSTAND YOUR POINT, BUT I FEEL LIKE IT'S WAY, WAY, WAY OVER HERE ON LEFT FIELD OF WHAT COULD POSSIBLY HAPPEN. BUT THERE ARE A LOT OF BENCHMARKS IN BETWEEN GETTING TO THAT POINT THAT COUNCIL WOULD HAVE CONTROL BEFORE IT GOT TO THAT NUMBER 15 AND EVERYONE'S GETTING $50,000. I I THINK IT WOULD PROBABLY TAKE TWO AND THEN WE'D BE GOING, WHAT'S GOING ON, JAMES, IF WE'RE HAVING TWO BACK TO BACK AND THEY'RE ALL 50,000, AND THAT WOULD DEFINITELY RAISE SOME RED FLAGS. BUT I, I FEEL LIKE HE DID TRY TO PUT SAFE FAILS. I UNDERSTAND. I'M NOT TRYING TO SWAY YOUR VO VOTE, TOTALLY UNDERSTAND, BUT JUST FOR THE REST OF COUNSEL THAT THERE ARE CHECKS AND BALANCES AND I FEEL LIKE JAMES DID TRY TO PUT BENCHMARKS IN THERE AND THAT, UM, I DON'T WANT EVERYONE TO GET CAUGHT UP IN THE, THE $50,000, IT'S WHICHEVER IS LESS. SO IT'S MORE THAN LIKELY LESS AND THEY ALL HAVE TO COME BEFORE US ANYWAYS. UM, SO AGAIN, JUST FOR THE REST OF COUNSEL, JUST TO KIND OF THINK ABOUT THAT, IF I COULD ASK YOU A QUESTION, WHAT IF I DON'T LIKE THE FIRST ONE THAT COMES UP HERE? WHAT IF I HAVE IN MY MIND A SITUATION AND I THINK ALREADY THE FIRST ONE? WELL, MIKE, I I UNDERSTAND HOW YOU'RE GONNA VOTE. I WOULD LIKE IF THE REST OF COUNSEL HAS ANY NO, I'M ASKING ABOUT THAT RIGHT NOW. LIKE LET'S SAY THERE'S THE FIRST ONE THAT COMES THROUGH. I'M JUST LIKE, THAT IS A, A SITUATION I DEFINITELY COULD NOT GET BEHIND BECAUSE OF, OF EXTENUATING CIRCUMSTANCES. WELL, I AM WHAT DO YOU DO THEN AS A COUNCIL WHEN YOU'RE, CAUSE YOU, I AM SWAY ABLE AND SOMETIMES I, I HAVE BEEN KNOWN TO MOVE. IF ALL OF A SUDDEN SOMEONE SAYS I'M GONNA GO, THAT'S ACTUALLY A REALLY GOOD POINT. I DIDN'T THINK ABOUT THAT. BUT WHAT IF THE FIRST ONE COMES UP AND I'M JUST LIKE, MAN, I CANNOT LEAVE. WE JUST PAY THAT PERSON. WELL THEN, THEN THAT'S WHEN IT'S IN YOUR LEGISLATIVE DUTY. AND UN UNFORTUNATELY, I THINK SOME, YOU AND I DIFFER A LOT ON THIS, ON YOUR NEED OF CONTROL OF EVERY SINGLE FACET ON EVERY SINGLE THING. AND I TOTALLY GET THE TRAUMATIC EXPERIENCE AND SOME THE REASON BEHIND IT. I'M NOT DISMISSING THE REASON BEHIND IT. BUT WHAT I AM SAYING IS THAT IF WE DON'T TRUST THE PERSON IN THAT POSITION AND WE DON'T GIVE HIM CONTROL OVER HIS OWN STAFF AND TO MAKE THOSE JUDGMENT CALLS OF WHEN IT SHOULD JUST BE A FIREABLE OFFENSE OF WHEN IT, UM, HAS THE RESPECT OR AUTHORITY OR DIGNITY OF THE PERSON THAT THEY SHOULD GET A SEPARATION AGREEMENT, THEN THAT COMES DOWN TO MORE OF A TRUST ISSUE WITH JAMES JUDGMENT, AND THAT'S WHAT YOU WOULD BE CALLING INTO QUESTION. SO IF THAT COMES UP AND IT'S COMING UP FREQUENTLY, THEN MAYBE THAT'S THE RELATIONSHIP THAT NEEDS TO BE WORKED ON. UM, THO, THO THOSE ARE JUST MY THOUGHTS. I, I DON'T PERSONALLY, I COME FROM A MILITARY FAMILY, I DON'T LIKE TO GET INTO CHAIN OF COMMAND ISSUES AND WHO'S OVER WHO. AND I'M GONNA PULL INSUBORDINATION CARD AND I'M GONNA GO ABOVE YOU AND I'M GONNA COME TO YOUR HOUSE AND I'M GONNA TRY AND GO OVER AND THINGS LIKE THAT, CUZ THAT CAN GET INTO A VERY, VERY SLIPPERY SLOPE, ESPECIALLY IN POLITICS. UM, AND WITH THESE, YOU KNOW, HIGH PAYING POSITIONS. SO FOR ME, IF I DON'T TRUST JAMES JUDGMENT CALLS, I'M GONNA SEE ALL THE SEPARATION AGREEMENT. SO I'M, I'M GONNA KNOW. BUT AGAIN, MY, MY POINT STILL STANDS OF IT. DO I TRUST MY CITY MANAGER? DO I NOT, I DON'T FEEL LIKE THE NEED FOR, I DON'T KNOW, THAT'S JUST MY, I WE, WE GOTTA GET OVER THE TRUST ISSUES, MIKE. A LITTLE BIT. JUST A LITTLE BIT. WELL, I'LL GIVE YOU AN EXAMPLE. WHEN YOU LEAVE TONIGHT, GO, UM, GO [02:50:01] WESTBOUND ON LIVE OAK. THAT ROAD WAS SUPPOSED TO GO STRAIGHT ACROSS AND CONNECT AND EDGE SCHMIDT, IT'S NOT GOING TO, IT'S JACKED UP BECAUSE SOMETHING HAPPENED. AND SO UNTIL, AND THIS ISN'T THE JAMES THING, THIS HAPPENED FOR HIM. BUT WE'RE THE, THIS IS A CHAIN OF COMMAND. WE AUTHORIZE EVERY DOLLAR, WE GIVE FINAL APPROVAL AND AGREEMENTS AND EVERY TIME SOMETHING GOES WRONG, WE FIND A REASON TO BLAME SOMEBODY ELSE. WE HAVE A ROAD, AND I HAVEN'T LOOKED TO RESEARCH TO SEE WHERE OUR VOTE WENT WRONG, BUT WE HAVE A ROAD THAT DOESN'T CONNECT THAT NOW WE'RE GONNA HAVE TO GO SPEND PEOPLE'S HARD EARNED MONEY THAT WE SHOULD SPEND ON SIDEWALKS SOMEWHERE ELSE. WE'RE GONNA SPEND FIXING A PROBLEM THAT SOMEONE ELSE CAUSED. AND I JUST WANNA MAKE SURE THAT IF THAT PERSON STILL WORKED HERE AND IT WAS LIKE, HEY, IT'S EASIER TO LET YOU GO THEN TO GO THROUGH THIS WHOLE MESS. I'M SAYING LET'S TAKE THE PERSON UP HERE AND LET'S HAVE THE MESS. BECAUSE SOMETIMES WE TAKE THE EASIER WAY, AND I'M NOT SAYING JAMES TO DO THIS OR ANY CITY MANAGER, BUT YOU TAKE THE EASIER WAY CUZ YOU THINK IT'S EASIER, BUT IT ACTUALLY CAUSES YOU MORE. AND SO, YEAH, I SEE CONSTANT PROBLEMS HAPPENING EVERY DAY THAT COMES UP. WE, WE HAVE ROADWAYS THAT STILL AREN'T DONE, BUT FOR ME, THAT BLURS THE LINE OF BEING A CITY MANAGER, STRONG CITY. THIS ISN'T A, A COUNCIL STRONG CITY. AND THAT'S WHY WE PAY THE CITY MANAGER THE RATE THAT WE DO AND HIS EXPERIENCE, AND WE BUILD THOSE RELATIONSHIPS. AND THAT'S WHY HE WANTS TO BE TRANSPARENT AND SAY, HEY, THIS IS WHAT I'M DOING. I DON'T FEEL LIKE THERE'S ANY KIND OF SHADY BACKDOOR OR ANYTHING LIKE THAT. I FEEL LIKE THIS REALLY ADDRESSES A LOT OF THAT. UM, YOU, YOU PAY THOSE HIGH POSITIONS BECAUSE YOU'RE PAYING FOR THEIR EXPERIENCE. YOU'RE, YOU, YOU WANT THOSE GOOD JUDGMENT CALLS. SO HE'S LETTING YOU SEE THE JUDGMENT CALLS. AND OBVIOUSLY IF YOU HAVE AN ISSUE WITH IT, AND IF YOU HAVE AN ISSUE WITH THE VERY FIRST ONE, I MEAN, OBVIOUSLY I CANNOT CONTROL WHAT YOU DO. UM, BUT FOR ME, I THINK IT REALLY IS STARTING TO KIND OF BLUR THE LINE OF WHO CONTROLS THAT. YES, WE CONTROL THE CITY MANAGER, YOU ARE CORRECT. HOWEVER, IF WE START MEDDLING AND HOW THE CITY MANAGER CONTROLS HIS STAFF, THAT ME IS A MESS UP OF CHAIN OF COMMAND AND WE GET INTO THESE GRAY AREAS, UM, AND INSUBORDINATION IS HAPPENING ALL OVER THE PLACE. AND THEN ESSENTIALLY CHAOS. AND THEN THE CITY MANAGER HAS ZERO POWER OVER ANY OF HIS STAFF BECAUSE THEY, ALL THEY HAVE TO DO IS JUST COME TO US. SO I, I FEEL LIKE THIS IS A VERY FINE LINE TO SKATE. I UNDERSTAND WHAT YOU'RE SAYING TO A POINT, BUT I HOPE THAT YOU WILL REFLECT ON WHAT I'VE SAID AS WELL. I RESPECT YOUR VOTE, BUT I I JUST DO NOT AGREE I VOTED YET, BUT I DON'T THINK, NOT VOTING TO GIVE AN AUTHORITY ALL OF A SUDDEN MAKES EMPLOYEES REACH OUT TO US. I, I CAN'T, I CAN'T BRIDGE THAT TOGETHER. AND KEEP IN MIND, WE'RE NOT, WE'RE NOT BORN THIS CHAIN OF COMMAND BECAUSE WE, HE CAN'T MAKE A CHANGE IN A PERSONNEL POLICY WITHOUT US APPROVING IT. HE CAN'T CHANGE ANY POLICY IN THIS ENTIRE BUILDING WITHOUT US APPROVING IT. I MEAN, WHETHER YOU LIKE IT OR NOT, OUR JOB IS TO HAVE, IS TO TELL HIM WHAT WE WANT DONE AND THEN HE GOES AND DOES IT. I KNOW, BUT YOU JUST ACCUSED HIM OF POINT OF ORDER. CHANGING POINT OF ORDER. WE'VE HEARD, WE'VE HEARD ABUNDANTLY FROM TWO COUNCIL MEMBERS. I'VE NOT HEARD FROM A LOT OF OTHER COUNCIL MEMBERS. TWO. I KNOW. I'M JUST SAYING, OKAY, WE JUST HEARD, WE'LL PUT UP. MINE WASN'T ABUNDANT. UM, I'M JUST, I'M REQUESTING THAT, THAT WE COULD MAYBE FOLLOW, FOLLOW ORDER AND ALLOW OTHER COUNCIL MEMBERS TO WEIGH IN. RIGHT. POINT TAKEN. THANK YOU. YOU KNOW, ORIGINALLY I HAD, CAN I GO NEXT OR DO SOMETHING ELSE? FINE, GO AHEAD. OKAY. ORIGINALLY I HAD A CONCEPT OF, YOU KNOW, YOU DON'T EVEN GIVE IT TO DISCRETION, BUT YOU SAY SOMETHING LIKE, YOU KNOW, UH, ONE WEEK PER YEAR OF SERVICE, RIGHT? AND, AND OBVIOUSLY THE TWO WEEKS IT'S STATE LAW OR WHATEVER, YOU KNOW, SO THEN YOU COULD GET UP TO THAT. BUT THEN THE PROBLEM IS, LIKE YOU SAID, YOU MIGHT HAVE PEOPLE THAT ARE HERE A LONG TIME AND THEN THEY DID SOMETHING REALLY BAD AND NOW THEY'VE GOT THIS MASSIVE PAYOUT TO WALK OUT THE DOOR. SO I DIDN'T LIKE THAT IDEA AFTER DISCUSSING IT WITH THE CITY MANAGER. UM, DINNER, OUR DINNER ONE-ON-ONE. BUT, UM, WHAT WHAT I DON'T LIKE IS THAT THE, THE CONCEPT I KEEP HEARING IS LOOKING AT IT THAT IT'LL ALWAYS BE 60 DAYS OR IT'LL ALWAYS BE 50,000. THAT'S WHAT HE'S SAYING. THAT'S THE MAX I THINK I WOULD EVER DO. MM-HMM. , HE MAY BE SAYING, LOOK, A LOT OF MINE ARE GONNA BE 30 DAY OR IF THEY MAY BE TWO WEEKS. I MEAN, IT DEPENDS ON THE THING. WE HIRED HIM TO RUN THE CITY AND HE KNOWS THAT IF I LET A CERTAIN PERSON GO, HOW THEY GET THEIR SEPARATION WOULD ALSO AFFECT MORALE FOR OTHER PEOPLE, EVEN IF THEY KNOW THE PERSON NEEDS TO GO AND STUFF. I TRUST HIM TO DO THAT. AND WE'RE GIVING HIM GUARDRAILS, LIKE, LIKE I SAID BEFORE, IS WHAT GUARDRAILS NEED TO BE IN PLACE TO GET IT TO WHERE YOU CAN SAY YES FOR YOU. THERE MAY NOT BE A GUARDRAIL FOR ME, THE GUARDRAIL IS NO MORE THAN 60 DAYS AND YOU PUT THE, THE MAX AMOUNT THAT HE COULD EVER AUTHORIZE, WHICH, BUT BECAUSE WE SAY OR LESS, IT'LL [02:55:01] ALWAYS BE THE 60 DAY BECAUSE I MEAN, YOU'D BE PAYING A DIRECTOR 300,000 TO HIT THAT 25,000, UH, MONTH FOR A 60 DAY SALARY TO BE HIT 50. I DON'T SEE THAT HAPPENING ANYTIME SOON IN HUDDLE. SO, UM, AND THE OTHER THING IS, ONCE AGAIN, I GO BACK TO, WE MAY BE RIGHT NOW, THIS COUNCIL AT THIS POINT IN TIME IS VERY BECAUSE OF WHAT HAPPENED RIGHT NOW IN THE PAST AND THE PUBLIC, NO ONE'S ASLEEP AT THE WILL. EVERYONE IS HYPER FOCUSED, BUT I WANT TO PUT POLICIES IN PLACE SO THAT IF YOU DON'T HAVE THAT STRONG OF A COUNCIL IN THE FUTURE THAT IS USED TO THAT OR HAS GOTTEN TO A POINT WHERE WE'RE A MATURE CITY AND THEY DON'T HAVE THAT, THAT WE HAVE A POLICY IN PLACE THAT ALLOWS THE DUALLY RUN CITY MANAGER THAT RUNS THE CITY, A POLICY THAT IS WORKABLE, EVEN IF A COUNCIL DOES FALL ASLEEP AT THE WILL, WHICH THEY DID DO IN THE PAST. SO THAT'S WHY I'M IN FAVOR OF THE POLICY AS WRITTEN. UM, THAT'S WHAT I HAVE TO SAY. I JUST WANNA SAY THANK YOU TO CITY MANAGER IP FOR TAKING INTO CONSIDERATION WHAT THE CITY WENT THROUGH IN THE PAST AND, AND PUTTING THAT INTO, INTO THE THOUGHT PROCESS AND HOW TO HAVE THE GUARDRAILS THERE. I DO UNDERSTAND THERE ARE TIMES THAT A SEVERANCE IS, YOU KNOW, NOT NECESSARILY NECESSARY, BUT, UM, PART OF THE PROCESS. UM, AND WITH THAT BEING SAID, I I ALSO UNDERSTAND THE MAYOR'S CONCERN. YOU KNOW, WHO KNOWS, MAYBE THERE'S ANOTHER SIDE OF, YOU KNOW, WHY IT'S GONNA COME OUT AND HE'S GONNA SHOOT UP ALL OF CITY HALL AND TAKE EVERYBODY OUT AND PAY 'EM ALL OFF AND FILL IT WITH HIS OWN PEOPLE. I COULD SEE THAT, YOU KNOW, BEING A CONCERN, BUT I DON'T SEE THAT FROM WHAT I'VE SEEN FROM YOUR, UM, HUMILITY AND YOUR HONESTY AND OUR ONE ON ONES, YOUR HONESTY WITH SOME ISSUES THAT HAVE COME UP THAT YOU'VE BROUGHT TO US TO DISCUSS WITH US AS A COUNCIL, UM, WHICH YOU DIDN'T NECESSARILY HAVE TO DO, BUT YOU DID. UM, UM, AND I, I RESPECT YOUR JUDGMENT AND UM, LIKE I SAID, YOU KNOW, YOU KNOW, EVERYBODY'S GONNA BE WATCHING ONCE ONE HIT, SO, UM, I DON'T THINK YOU'RE, YOU'RE, YOU HAVE THE CHARACTER OR, UM, TO PRESENT SOMETHING WITH ANY OTHER INTENT BEHIND IT. SO I, I WILL SUPPORT THIS. SO YEAH, I'M REALLY STRUGGLING WITH THIS ONE. UM, I THINK WHAT WE'RE TALKING ABOUT IN TERMS OF DOLLAR AMOUNTS AT THIS POINT IN TIME, THE MAXIMUM SEEMS TO LIKELY BE IN THE 20 TO $30,000 RANGE BASED ON JUST KIND OF RECALL OF WHAT WE PAY A LOT OF PEOPLE IN THOSE POSITIONS. UM, AND THAT'S THE MAXIMUM. THAT'S IF IT WAS 60 DAYS. UM, SO IF IT WAS 30 DAYS, IT'D BE HALF, THAT'D BE 10 TO 15,000 FOR A LOT OF POSITIONS THAT WOULD BE COVERED BY THIS. I THINK. UM, I, I DON'T LIKE, YOU KNOW, PAYING AGREEMENTS TO HIDE PROBLEMS. I THINK, UH, NOT HAVING NONDISCLOSURE AS PART OF IT HELPS WITH THAT. UH, THE OTHER THING THAT IT DOES HELP A LITTLE BIT IS IF WE DO MAKE SURE THAT WE GET ALL OF THE CITY EXPENSES AND PAYMENTS AVAILABLE TO THE PUBLIC ON THE WEBSITE, BECAUSE THEN WHEN YOU DO PAY SOMEBODY, IF YOU DO PAY SOMEBODY SEVERANCE, IT'S GOING BE THERE AND THE PUBLIC IS GONNA BE ABLE TO LOOK AND SAY, WAIT A MINUTE, THERE'S A PAYMENT HERE. WHY DID THIS PERSON GET $15,000 AND THEY'RE GONE? SO IT'S DISCLOSURE TO COUNCIL IS IMPORTANT, BUT ALSO KNOWING THAT IT GETS OUT TO THE PUBLIC, THAT'S IMPORTANT TOO, BECAUSE YOU HAVE TO BE ABLE TO ANSWER FOR THAT. EVERYBODY HAS TO BE ABLE TO ANSWER FOR THAT AFTER THE FACT. HM. YOU STILL THINKING? WELL, I DON'T HAVE ANYTHING ELSE TO SAY. OKAY, GOTCHA. I'M STILL THINKING, BUT I DON'T HAVE ANYTHING ELSE TO SAY. I THOUGHT YOU WERE GONNA SAY. UM, SO I AGREE WITH THE MAYOR ON THINGS OF LIKE, HEY, IF, IF THAT PERSON HAS DONE X, Y, AND Z ALREADY, UM, THAT A SEPARATION AGREEMENT SHOULD NOT BE OFFERED. HOWEVER, I, AS THE CITY MANAGER, HE HAS A DISCRETION TO, TO PUT IN PLACE HIS POLICIES AND I THINK HIS POLICIES OF DOING THAT, AND I DON'T FEEL LIKE HE, HE WOULD DO THAT UNDER HIS WATCH. HE'S BEEN HERE FOR A SHORT, SHORT TIME SINCE WHAT? AUGUST? AUGUST. LIKE, SAY LET'S AUGUST 1ST. SO HE, HE HASN'T SEEN, I GUESS SOME MAYBE NEGATIVE ACTIONS THAT [03:00:01] WERE, UH, THAT WERE DONE. AND HE, IT IS JUST MAYBE BROUGHT TO HIS LIGHT. AND SO I THINK THAT PUTTING THIS IN PLACE THOUGH ALLOWS HIM TO MOVE FORWARD WITH THINGS AND HE CAN SAY, HEY, IF YOU DO X, Y, AND Z BAD, YOU'RE NOT GONNA GET THE SEPARATION AGREEMENT. HOWEVER, IF, UM, YOU KNOW, UP TO HIS DISCRETION, HEY, YOU KNOW, IT'S JUST NOT WORKING OUT, WE'RE GONNA DO, UM, YOU KNOW, THE SEVERANCE OR THE SEVERANCE, THE SEPARATION AGREEMENT. UM, I, I, I BELIEVE THAT THIS, YOU KNOW, DOES IT, I THINK THERE'S THE RIGHT PROTOCOLS IN PLACE WITH, UM, ALERTING THE CITY COUNCIL. IF WE HAVE ANY ISSUES, OBVIOUSLY WE CAN, UH, BOUNCE BACK TO HIM. UM, OR WE CAN TOTALLY BE LIKE, HEY, WE DON'T AGREE, UH, WITH THIS, YOU CANNOT DO THE SEPARATION AGREEMENT. AND ALSO I DISCUSS WITH HIM LIKE, HOW DOES THIS PLAY LIKE DOLLAR IN THE, IN THE BUDGET, HOW DOES THAT WORK WITH LIKE MAYBE A BUDGET AMENDMENT? AND I MEAN, MAYBE HE COULD TALK MORE ABOUT THAT SPECIFICALLY, BUT, UM, MY UNDERSTANDING IS THAT, YOU KNOW, WHENEVER YOU DO WITH THESE HIGHER UP POSITIONS, THAT IT DOES TAKE SOME TIME TO FILL THOSE. SO IT KIND OF, UM, THERE'S, THERE MAY BE OVERLAP, BUT USUALLY YOU'RE LOOKING FOR A WHILE FOR THESE HIGHLY QUALIFIED PEOPLE. RIGHT? AND SO IT'S, IT'S PRETTY MUCH ALREADY BUDGETED. HE WOULD OBVIOUSLY HAVE TO COME TO US IN ADDITION TO ALERTING US, LETTING US KNOW. HE'D ALSO HAVE TO COME TO US TO, UM, OFFER A BUDGET AMENDMENT TO CHANGE, UH, MONEY. WHETHER THAT NEW PERSON IS GETTING PAID MORE THAN THE FORMER PERSON OR LESS THAN THE, UH, FORMER PERSON AS WELL. BUT I DON'T KNOW, YOU COULD PROBABLY CLARIFY THAT A LITTLE BIT BETTER AS FAR AS LIKE MONEY-WISE AND THAT JUST KIND OF IS ANOTHER, YOU KNOW, STOP GAP IN, IN US, YOU KNOW, SEEING WHAT'S GOING ON IN YOUR ACTIONS. YES. COUNCIL MEMBER KOLAR. UM, SO THE WAY IT WOULD WORK IS THIS. SO YOU BASICALLY, WHEN YOU WALK INTO THE BUDGET AT THE BEGINNING OF THE BUDGET SEASON AND YOU'VE STARTED THE FISCAL YEAR, YOU'VE BUDGETED A CERTAIN AMOUNT OF DOLLARS FOR PERSONNEL EXPENDITURES. YOU'RE EXPECTING THE INCUMBENT IN THAT POSITION TO BE PAID X. THAT'S WHAT YOU BUDGETED FOR. CORRECT. UM, THEN IF YOU ENTER INTO A SEPARATION AGREEMENT THEN AND SAY, YOU KNOW, THEY'RE, THEY'RE HALFWAY THROUGH THE YEAR AND YOU ENTER INTO A SEPARATION AGREEMENT FOR ANOTHER MONTH, THEN YOU EFFECTIVELY HAVE ENCUMBERED THAT SALARY DOLLAR WISE FOR ANOTHER MONTH. BUT CHANCES ARE IT'S GONNA TAKE YOU TWO WEEKS TO POST THE JOB. YOU'RE GONNA LEAVE THE JOB OPEN FOR 30 DAYS. UH, YOU'RE GONNA BE AT 45 DAYS PROBABLY BEFORE YOU'RE EVEN THINKING ABOUT CANDIDATES FROM THE SEPARATION. THEN YOU'RE GONNA BE TALKING TO CANDIDATES, OFFERING THEM A JOB, UH, THEN THEY'RE GONNA PUT IN THEIR TWO WEEKS. SO 60 DAYS IS REALLY CLOSE TO ABOUT THE TIME THAT IT, A NEW PERSON MAY START. SO WHAT WOULD HAPPEN IS IF, IF THERE IS OVERLAP IN THE SENSE THAT, SAY IT'S A 60 DAY SEPARATION AGREEMENT AND YOU FILL THAT POSITION IN 30 DAYS AND YOU FILL IT FOR A HIGHER SALARY THAN WHAT YOU HAD ORIGINALLY, UM, DONE, EVEN IF YOU HADN'T, YOU WOULD STILL HAVE OVERLAP THAT WOULD REQUIRE A BUDGET AMENDMENT FOR THAT TO HAPPEN. SO, OR OR SALARY SAVINGS IN ANOTHER PLACE, WHICH I HAVE DISCRETION TO BE ABLE TO, TO UTILIZE. SO IF THERE'S MORE THAN ONE VACANCY, MAYBE THERE'S ENOUGH SALARY SAVINGS THAT IT DOESN'T TRIGGER THE BUDGET AMENDMENT, BUT CHANCES ARE IT WOULD TRIGGER A BUDGET AMENDMENT. UM, AND THAT IN TURN IS APPROVED BY COUNCIL. SO, SO THAT IS ANOTHER WAY TO CONTROL THE COST, RIGHT. OVERRUNS OF THESE, UM, IS, IS IS IN THAT, IS IN THAT WAY. SO I DON'T KNOW HOW ELSE TO ANSWER IT. YEAH, I THINK THAT'S ABOUT THE BEST I CAN DO. YEAH. THANK YOU FOR CLARIFYING CUZ SOMETIMES I CAN'T GET THAT ACROSS. MOTION TO APPROVE. 11.3 IS PRESENTED MOTION BY COUNCIL MEMBER MCKENZIE. HAVE A SECOND. I'LL SECOND. SECOND BY COUNCIL SUTTON APPROVE. 11 THREE IS PRESENTED. ANY, ANY OTHER DISCUSSION ON A MOTION? HEARING NONE, PLEASE CALL THE VOTE COUNCIL MEMBER KOLAR. HI, COUNCIL MEMBER CLARK AYE. COUNCIL MEMBER KENZIE AYE. MAYOR PROAM GORDON. AYE. COUNCIL MEMBER THORNTON AYE. COUNCIL MEMBER SUTTON AYE. MAYOR SCHNEIDER. AYE. MOTION PASSES SIX ONE. [12.1. 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.] RIGHT, THAT BRINGS THIS TO ITEM 12 ONE CONSIDERATION AND 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 LIAISONS, AND AREA GOVERNMENT APPOINTMENTS. UH, SO MAYOR, UM, [03:05:01] THE NOMINATING COMMITTEE DOES HAVE ONE. IT'S MORE OF A CLEANUP ITEM. UM, YOU MAY REMEMBER A COUPLE OF MONTHS AGO, CITY COUNCIL TOOK ACTION TO REALIGN THE SEAT NUMBERS WITH EXPIRATION DATES FOR VARIOUS BOARDS AND COMMISSIONS. UM, AND FOR THE TWO YEAR BOARDS AND, AND COMMISSIONS. UM, THE EVEN NUMBER SEATS EXPIRE IN EVEN NUMBERED YEARS. ODD NUMBERED SEATS EXPIRE IN ODD NUMBERED YEARS. AND IN, UH, TALKING WITH, UM, UM, GEORGE OVER THERE, I, I GOT CLARIFICATION THAT THE EDC BOARD IS TWO YEAR TERMS, NOT THREE YEAR TERMS, IS I HAD ORIGINALLY ASSUMED. AND SO WE HAVE ONE PERSON WHO'S SERVING IN AN EVEN NUMBERED SEAT, UM, DON CARLSON, WHO'S IS SET TO EXPIRE IN AN ODD NUMBERED YEAR. UM, AND SO IN ORDER TO CLEAN THAT UP, UM, WE'RE RECOMMENDING THAT WE REAPPOINT DON CARLSON TONIGHT TO THE EDC BOARD SEAT FOR, UH, WHICH WOULD THEN PUT HIS EXPIRATION DATE OUT TO 2024. ALIGN HIM UP WITH EVERYTHING ELSE. THAT'S YOUR MOTION? YES. AND DO WE HAVE A SECOND? SECOND. ANY DISCUSSION ON THE MOTION? AND I DID TALK WITH, UH, DON, AND HE'S, HE UNDERSTANDS WHAT WE'RE DOING TONIGHT AND HE'S, HE'S IS VERY INTERESTED IN CONTINUING TO SERVE. SO RIGHT. HEARING, NO OTHER DISCUSSION. UH, PLEASE CALL THE VOTE COUNCIL MEMBER KENZIE. AYE. MAYOR TIM GORDON. AYE. COUNCIL MEMBER KOHLER AYE. COUNCIL MEMBER CLARK. AYE. COUNCIL MEMBER THORNTON. AYE. COUNCIL MEMBER SUTTON. AYE. MAYOR SNYDER. AYE. MOTION PASSES SEVEN ZERO. AND I BELIEVE WE HAVE RICK WHO WOULD LIKE TO SPEAK REGARDING THE PNC. I AS THE CHAIRMAN, THE CHAIRMAN OF THE, WE ALWAYS HAVE IT, THE CHAIRMAN THAT BE DONE ON THIS ITEM SINCE WE'RE JUST TALKING ABOUT APPOINTMENTS AND REAPPOINTMENTS AND REMOVALS. AND REMOVALS. IT'S A REMOVAL. I KNOW, BUT WE HAVE A PROCESS TO REMOVE AND THIS WOULDN'T BE GOING THROUGH THE PROCESS YOU SAID WE HAVE TO, RIGHT? YEAH. THE PROCESS THAT WE ADOPTED WAS THE, THE, THE INDIVIDUAL, IF, IF YOU WANT TO REMOVE SOMEONE FOR NON-ATTENDANCE, IF THEY'VE HIT THAT KIND OF LIMIT OF MAYBE THEY'VE MISSED THREE IN THE 12 MONTH PERIOD, UM, THE EXPECTATION IS THAT THAT PERSON HAS TALKED TO AND, AND ASKED, YOU KNOW, WHAT'S GOING ON. AND THEN THEY'RE NOTIFIED. WE ARE NOTIFIED THROUGH THE CITY SECRETARY'S OFFICE. SO IT CAN BE ON THE AGENDA SPECIFICALLY TO CONSIDER REMOVAL. SO, UH, RICK HUDSON CHAIR PLANNING AND ZONING. IF THE PERSON CANNOT BE CONTACTED AND IS NOT RETURNING ANY SORT OF CORRESPONDENCE FROM MYSELF OR CITY STAFF, HOW DO WE PROCEED? THAT'S A GOOD POINT. SO ATTEMPTS HAVE BEEN MADE YES. TO, TO REACH OUT. OKAY. IN MY OPINION, THE POSITION HAS BEEN ABANDONED. SO WHAT'S NEXT STEP? YEAH. DOES HE HAVE TO NOTIFY SOMEBODY THAT HE WANTS THE PERSON REMOVED? UM, AS LONG AS THEY'VE BEEN ATTEMPTED TO GIVE THE, I MEAN THE WHOLE INTENT BEHIND THAT PROVISION WAS TO ALLOW THAT PERSON TO RESPOND IS TO EXACTLY. AND I UNDERSTAND THE INTENT, BUT THE REALITY IS WE'VE GOT NO COMMUNICATION BACK AT ALL. AFTER MULTIPLE ATTEMPTS FROM MULTIPLE SOURCES, WHAT DO WE DO? DO WE CONTINUE TO HAVE A VACANCY THAT THEN THREATENS, AND THIS IS SOMETHING THAT I, I THOUGHT WAS VERY IMPORTANT TO BRING UP. UM, BECAUSE WE DID NOT HAVE A QUORUM ON TUESDAY. TWO PRELIMINARY PLAS AND ONE FINAL PLAT WERE STATUTORILY APPROVED AND SEP WITH THE ISS D WAS DELAYED AND A PARKS ORDINANCE WAS NOT CONSIDERED. SO US BEING SHORTHANDED ON P AND Z DEFINITELY AFFECTS CITY BUSINESS. I'M TRYING TO FIND THE PROTOCOL THAT WE PASSED LAST. CUZ I THINK THERE'S LIKE AN A AND A B TO THAT, OR A ONE AND A TWO. UM, AND IT ALLOWED FOR, YOU KNOW, TO BUREAUCRATIC THAT'S THAT'S THE . EXACTLY. THAT'S THE PROCESS. OR B, THE CITY COUNCIL CAN JUST REMOVE INDIVIDUALS. RIGHT. I WAS GONNA SAY, IF I KNEW THE NAME, I'D MAKE A MOTION TO REMOVE, CUZ I STILL THINK TO HAVE THE NAME PEOPLE SERVE IT THE PLEASURE. YEAH. HERE, LET ME, YOU HAVE THE NAME. ALL RIGHT, WHAT'S THE NAME? UH, NAME IS BART HUTCHINS HUTCHINS. HUTCHINS, UH, H U T H U T C H I N G S. IM G S. ALL RIGHT. MOTION TO REMOVE BART HUTCHINS FROM THE PLAINTIFF AND ZONING. SECOND. SECOND BY COUNCIL SUTTON. ANY DISCUSSION ON THAT? ALL RIGHT. HEARING NONE, PLEASE CALL THE VOTE. MAYOR SCHNEIDER. AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER THORNTON. AYE. [03:10:01] COUNCIL MEMBER CLARK. AYE. COUNCIL MEMBER KOLAR. AYE. MAY I APPROACH HIM? GORDON AYE. COUNCIL MEMBER KENZIE. AYE. WISH PAST THE SEVEN ZERO, I GUESS ON NOW. WHAT I'D SAY IS IF YOU HAVE SOMETHING LIKE THAT, AGAIN, EITHER EMAIL LIKE ME OR THE MAYOR PRO TIMBER OR SOMEBODY, JUST SO WE KIND OF KNOW. AND THEN YEAH, I I HAVE NO PROBLEM SKIPPING THROUGH ALL THAT AND JUST GOING, YEAH, I, I DID REACH OUT TO THE LIAISON, I DID REACH OUT TO THE NOMINATING COMMITTEE. SORRY I DIDN'T REACH OUT TO EVERYONE ON THE NOMINATING COMMITTEE, BUT I DIDN'T WANT TO CREATE A WALKING QUORUM ON THIS ISSUE EITHER. SURE. SO YEAH, I DID REACH OUT, BUT IT'S, HEY, THIS, THIS IS IMPORTANT. MM-HMM. . MM-HMM. . NO, I AGREE. THANKS. AND SO JUST FOR THE, YOU CAN SIT DOWN. UM, JUST FOR THE COUNCIL'S CLARIFICATION, I DID FIND THE PROTOCOL AND WHAT WE JUST DID WAS UNDER NUMBER TWO. SO THERE'S TWO WAYS TO REMOVE AN INDIVIDUAL. THE FIRST WAY IS, THE WAY I DESCRIBE THE SECOND WAY IS WE JUST, YOU KNOW, A BOARD COMMISSION COMMITTEE MEMBER SERVES AT THE WILL AND PLEASURE OF THE CITY COUNCIL. THEY CAN BE REMOVED BY A VOTE OF CITY COUNCIL. SO RIGHT. NUMBER TWO, ANY OTHER ACTION, JUST HOW QUICKLY CAN Y'ALL GET SOMEONE, UH, WE NEED RESUMES TO COME IN AND, AND GO THROUGH THAT PROCESS TO GET THEM SO THEY CAN MEET QUORUM. I SEE SOMEBODY WANTING TO SUBMIT A RESUME APPLICATION. HAVE IT IN FIVE SECONDS AND THEN I CAN, I CAN LOOK THROUGH AND SEE I'VE GOT THE LIST OF ALL THE ONES WE HAVE ON FILE. I CAN SEE WHO, WHILE WE HAVE ON FILE IF WE HAVE ANY. RIGHT. SO I'D LIKE TO BRING UP SOME NOMINATIONS FOR THE TAX AND COMMIT REINVESTMENT ZONE BECAUSE RIGHT NOW WE ONLY HAVE THREE PEOPLE ON THAT BOARD. RUSS BOWLES, SCOTT HEME, RICK HUDSON. WE HAVE THREE VACANT SEATS. AND WE'RE, WE JUST PASS ANOTHER, UH, TOURIST THING HERE. AND SO, BECAUSE WITH THE END OF THE YEAR, AND I BELIEVE WE'VE GOT SOME KIND OF MEETING WE HAVE TO DO TO APPROVE SOMETHING, DON'T WE LIKE AN SAP OR SOMETHING THAT GOES WITH IT. WE'VE ALREADY DONE THAT FOR THE CO-OP AND THAT'S CHARGE ONE. SO CHARGES, UH, THREE WHEN WE HAVE THE PUBLIC HEARING, WE WILL HAVE A RESOLUTION TO APPOINT THAT BOARD. SO WE DON'T NEED TO DO IT TONIGHT. CORRECT. OKAY. BUT YOU DO NEED TO FILL THOSE THREE VACANCIES ON TURS ONE. BUT WOULDN'T THAT NEED TO GO THROUGH THE NOMINATING COMMITTEE? I SHOULDN'T, WE SHOULDN'T SUBJUGATE THE PROPER, I MEAN, IF YOU HAVE THREE CANDIDATES THEY PUT IN RESUME OR WELL, SOMEONE NEEDS TO GET ON IT CUZ RIGHT NOW THEY CAN'T MEET. YEP. WELL, TWO OF THOSE SEATS ARE NOMINATED BY THE COUNTY. SO ONLY ONE OF THOSE IS FILLED RIGHT NOW. AND THAT'S WHAT YOU SAID. OKAY. THERE. OKAY. THERE TWO. OKAY. SO WHAT I WAS, WELL THEN LET'S DO, THEN WE HAVE THREE THAT THERE'S THREE OPENINGS CURRENTLY. NO, THERE'S THERE, THERE'S SIX, THERE'S SIX. I'M JUST, I'M JUST GONNA BY OUR WEBSITE. I'M NOT SAYING THAT'S CORRECT, BUT WE PROBABLY NEED TO, WE DEFINITELY NEED TO REMOVE THAT PERSON FOR ONE. ARE WE TALKING ABOUT TIER ONE? TIER THREE? TIER 1, 1, 1. YEAH. SO HOW MANY PEOPLE DO WE NEED TO APPOINT FIRST? WE HAVE TO REMOVE THAT PERSON BECAUSE THEY DON'T LIVE IN CITY LIMITS. YEAH, THEY'RE NOT, HERE'S WHAT I'D SAY. THERE'S AT LEAST THREE VACANCIES. OKAY. ASSUMING RICK IS ON THERE UNTIL 2024. I'D LIKE, I GUESS IF YOU WANNA GO THROUGH THE NOMINATING COMMITTEE, I DIDN'T KNOW THE TOURISTS WENT THROUGH THAT TOO. UM, BUT IF YOU WANNA, I THINK WE OUGHT TO BE LOOKING AT CITY COUNCIL MEMBERS BEING ON THE TOURIST BOARD. UM, WE HAVE A PZ MEMBER ON THERE. UM, YOU HAVE A COUPLE COUNCIL MEMBERS ON THERE. WE'RE GONNA START HAVING A LOT OF THINGS GO THROUGH THE TOURS AND I'D ALMOST RECOMMEND TOURS. 1, 2, 3, HOWEVER MANY TOURS BOARDS YOU HAVE. SAME GROUP OF PEOPLE FROM THE CITY SIDE SO THAT, UM, WE DON'T HAVE TO HAVE FIVE DIFFERENT MEETINGS SET UP IN A YEAR FROM NOW. WE JUST HAVE ONE MEETING AFTER ANOTHER, KINDA LIKE WE DO WITH THE LGC. BUT IF WE DON'T HAVE TO DO ANYTHING TODAY, AND WE CAN WAIT. BUT THIS CAME UP AT THE LAST MEETING ON THURSDAYS THAT WE'RE, WE GOT A BOARD THAT CAN'T MEET. YEAH. I THINK WE SHOULD CONSIDER EDC MEMBERS AS WELL, UM, AS WHETHER WE WANNA DO, YOU KNOW, A COUPLE OF COUNCIL MEMBERS AND ADC MEMBER WHATEVER, WHATEVER BOARDS WE WANT TO INCLUDE. BUT THAT'S ONE BECAUSE THEY'RE LIKELY PARTICIPATING IN THESE TERMS FUNDING. SO, UH, OH, HERE COMES TO THE LAWYER . UM, GOOD EVENING, UH, COUNSEL WITH REGARDS TO THE BOARD APPOINTMENTS, UH, WITH, SINCE YOU HAVE OTHER GOVERNMENTAL ENTITIES INVOLVED, YOUR IDENTICAL BOARD, UH, UM, PROPOSAL WON'T WORK UNLESS ON THE CITY SIDE IT WILL THOUGH, RIGHT? RIGHT. YEAH, THAT'S THE CITY SIDE. BUT, BUT IF THEY HAVE, BUT IF THEY, IF THEY PICK DIFFERENT PEOPLE, THEN YOU'LL STILL HAVE A DIFFERENT BOARD SET UP. I JUST WANTED TO MAKE SURE THAT WAS CLEAR. YEAH. WHAT I IMAGINE HAPPENING IS TOURISTS ONE HAS TWO COUNTY PEOPLE, AND SO THEY'RE MEETING AT SIX O'CLOCK AND TUR TWO HAS TWO ISD MEMBERS AND THEY'RE MEETING AT SIX 15. BUT, BUT THEY, BUT [03:15:01] TURS TWO WON'T HAVE COUNTY INVOLVEMENT AT THIS TIME, RIGHT? NO. SO THE COUNTY GOES HOME AT SIX FROM, THEY MEET FROM SIX TO SIX 15, THEY GO HOME SIX 15 TO SIX 30. BUT THEN THE CITY COUNCILS ARE EDC MEMBERS. THEY'RE NOT ALL MEETING ALL DIFFERENT DAYS. WE'RE JUST, BECAUSE WE'VE GOT STAFF THAT'S GOTTA BE HERE. SO YEAH, I MEAN, I THINK IT SUCCESSION. YEAH. YEAH, I JUST WANTED TO MAKE THAT POINT THAT THERE'S GONNA BE A DIFFERENT MAKEUP IN EACH, IN DIFFERENT BOARDS BECAUSE THE PARTICIPATION. YEAH, HOPEFULLY WE DO HAVE THAT. ALL RIGHT. SO WE DON'T HAVE TO WORRY ABOUT THAT ONE. ANYTHING ELSE FOR THIS ITEM? [12.2. Endorsement of a letter from City Manager on partnering with the ISD on pedestrian safety improvements: a sidewalk at Ray Elementary and traffic light at Exchange and Limmer.] RIGHT? BRINGS TO ITEM 12, TWO ENDORSEMENT OF A LETTER FROM THE CITY MANAGER. I'M PARTNERING WITH THE IS D ON PEDESTRIAN SAFETY IMPROVEMENTS, A SIDEWALK AT RAY ELEMENTARY AND A TRAFFIC LIGHT AT EXCHANGE. AND LIMBER MAYOR COUNCIL FOR THE RECORD. JAMES, I, CITY MANAGER. UH, WHAT YOU HAVE BEFORE YOU, THIS IS A LITTLE, THIS IS ALSO ANOTHER LETTER IN THE, IN THE FORM OF EFFECTIVELY A COMMITMENT OR LAYING OUT OF WHAT THE INTENT IS. IT'S SIMILAR IN NATURE TO THE TAYLOR LETTER. IT'S NOT A RESOLUTION SIMPLY BECAUSE IT DOESN'T NEED QUITE THE SAME FORMAL FORMALITY THAT THE OTHER ONE, UH, REQUIRED FOR THE ARPA FUNDS. BUT WHAT YOU HAVE HERE IS A LETTER COMMITMENT, UH, TO PROPOSE, UH, JOINT PARTNERSHIP TO COME UP WITH SOLUTIONS FOR THE PEDESTRIAN IMPROVEMENTS THAT ARE LISTED OUT FOR YOU. PREDOMINANTLY THE FACT THAT, UH, RAY ELEMENTARY ON SWINDELL ROAD HAS A SEGMENT OF SIDEWALK THAT CURRENT WAS, WAS BUILT TO THE SOUTH OF THE ELEMENTARY SCHOOL, UH, BY THE DEVELOPER OF, OF BROOKSIDE. AND THE SIDEWALK TERMINATES WHENEVER IT REACHES THE SOUTHERN BOUNDARY OF THE SCHOOL PROPERTY. AND CURRENTLY WHAT'S HAPPENING, AND IT WOULD'VE BEEN BETTER IF WE'D HAD A, A SLIDESHOW ON THIS, I THINK FOR THE PUBLIC'S BENEFIT. BUT IF, IF THEY WERE TO PULL UP A MAP AND TO LOOK AT WHERE THE SIDEWALK ENDS, I KNOW THAT'S A SONG BY GEORGE STRAIT, BUT, UM, IF THEY LOOK WHERE THE SIDEWALK ENDS, WHAT'S HAPPENING IS THE, THE CHILDREN ARE LEAVING THE SIDEWALK AND GOING TO THE PAVEMENT OF THE ROAD AND THEN WALKING BETWEEN THE CARS THAT ARE LINED UP TO GET INTO THE SOUTHERN ENTRANCE OF RAY ELEMENTARY, AND THEY'RE WALKING BETWEEN THE VEHICLES AND THEN THE, UH, UM, THE GUARDRAIL, WHICH IS A SIGNIFICANT PROBLEM FOR, FOR SAFETY ISSUES. I KNOW IN THE PAST THERE'S BEEN A NUMBER OF, UH, OF CONCERNS ABOUT, YOU KNOW, THE, WHETHER THE SCHOOL DISTRICT'S DOING WHAT IT'S SUPPOSED TO BE DOING, WHAT CITY'S DOING, WHAT IT'S SUPPOSED TO BE DOING, GENERALLY SPEAKING, UM, JUST LOOKING AT THIS AND, AND CALLING IT FOR LIKE A, FOR LIKE, IT IS IN MY MIND, THE SCHOOL SHOULD HAVE BUILT A SIDEWALK WHENEVER THE SCHOOL BUILT. THE CITY SHOULD HAVE MADE SURE THAT THE SCHOOL BUILT A SIDEWALK WHEN THE SCHOOL BUILT. SO GENERALLY, SIDEWALKS BECOME OUR RESPONSIBILITY AFTER THE FACT. OUR MECHANISM TO MAKE SURE THAT DEVELOPERS OF PROPERTY BUILD SIDEWALKS IS WHENEVER THE DEVELOPMENT IS OCCURRING. SO AFTER THAT, IT DOESN'T MATTER IF IT'S IN THE NEIGHBORHOOD AND LAKESIDE OR IF IT'S A SCHOOL PROPERTY, IT'S EFFECTIVELY ARGUABLY THE CITY'S RESPONSIBILITY. SO IN THAT VEIN, I KNEW, I KNEW THERE'S SOME HISTORY THERE TOO, BUT IN THAT VEIN, UH, HENRY GIDEON, UH, WAS, WAS ASKING FOR, UH, SOME SORT OF A, OF A SOLUTION. AND THERE'S ALSO A BIG CULVERT THERE, WHICH IS THE PURPOSE OF THE, OF THE GUARDRAIL BECAUSE THERE'S A SIGNIFICANT DROP OFF. SO I WENT OUT AND LOOKED, UH, I FELT LIKE THERE WAS A, A FAIRLY AMENABLE SOLUTION WHERE A SIDEWALK COULD BE RAN ALONG THE BACKSIDE OF THE, UH, OF THE, OF THE, UH, GUARDRAIL, BUT ALONG THE HEAD WALL OF THE DRAINAGE DITCH. AND, UH, IF THAT WERE POSSIBLE, WE COULD, IN THEORY, BUILD A SIDEWALK THAT WOULD SAFELY GET THE CHILDREN AT LEAST TO THE ENTRANCE OF THE SOUTHERN PART OF THE SCHOOL, AT WHICH POINT THE SCHOOL CAN TAKE OVER CONTROL OF THE SAFETY OF THE KIDS, EITHER WITH CROSSWALK PEOPLE OR WHATEVER THEY'RE GONNA DO. UM, THAT SEEMED TO, TO SATISFY, UH, MR. GIDEON, UH, BY THE WAY, UH, HENRY GIDEON FOR THE PUBLIC, I'M SURE EVERYBODY KNOWS, BUT STILL IT'S APPROPRIATE TO SAY HE'S THE ASSISTANT SUPERINTENDENT OF LIKE, OPERATIONS FOR THE SCHOOL DISTRICT. UM, THE, I ALSO ASKED MY STAFF TO GO OUT AND TAKE A LOOK TO, TO JUDGE IT FOR THEMSELVES BECAUSE THEY HAVE EXPERIENCE IN THE FIELD. I, DESPITE THE FACT I MIGHT HAVE PLANNED A LOT OF SIDEWALKS, YOU MIGHT SURPRISE YOU. I HAVE NOT BUILT TOO MANY MYSELF PERSONALLY. UH, SO I SENT THE GUYS WHO DID OUT TO GO TAKE A LOOK, AND THEY FEEL LIKE IT CAN BE DONE TOO. BUT IN RECOGNITION OF THE FACT THAT, YOU KNOW, ONE, WE'RE TRYING TO WORK ON PARTNERSHIPS, BUT TWO, UH, YOU KNOW, THE, THE, THE RESPONSIBILITY, EVERYBODY COULD BE POINTING AT EACH OTHER ALL DAY LONG. I'M TRYING TO GET, I'M TRYING TO GET US PAST THOSE TYPES OF SITUATIONS. SO I PROPOSED, WELL, I HAVE STAFF THAT CAN LAY CONCRETE AND CAN FRAME SIDEWALKS. THE SCHOOL DISTRICT HAS THE FUNDS [03:20:01] TO BE ABLE TO PAY FOR MATERIALS. SO MR. GIDEON, HOW DO YOU FEEL ABOUT A PARTNERSHIP WHERE WE WOULD PROVIDE THE STAFF AND THE SCHOOL DISTRICT WOULD PROVIDE THE FUNDS FOR ALL THE MATERIALS, THE CONCRETE, UH, THE FRAMING, THE REBAR, THE HANDRAILS, EVERYTHING THAT'S NEEDED TO BUILD IT. THEY BASICALLY PAY FOR THE MATERIAL, WE PROVIDE THE LABOR, AND THEN IT GETS DONE. UH, HE FELT THAT THAT WAS A, A FAIR, REASONABLE SOLUTION THAT HE COULD TAKE TO HIS BOARD FOR CONSIDERATION. UM, BUT HE WOULD, LIKE, HE WOULD'VE LIKED A LETTER FROM ME STATING THAT IT WAS OUR INTENT, UH, TO DO THAT. SO IN THAT LA IN THAT LIGHT, UH, I TOOK THE OPPORTUNITY TO BRING UP THE, THE TRAFFIC LIGHT AT LIMBER AND EXCHANGE. THAT'S BEEN, AND STEWART I THINK IS THE OTHER CROSSROAD THAT'S ON THE OTHER SIDE OF EXCHANGE. UM, THAT'S BEEN BROUGHT UP A NUMBER OF TIMES. BUT AS FAR AS I CAN TELL, NEVER HAS BEEN FORMALLY COMMITTED IN ANY TYPE OF OFFICIAL ACTION. SO I ASKED, WELL, AT THE SAME TIME, CAN I GET COMMITMENT FROM THE SCHOOL BOARD THAT THEY ARE GONNA TAKE OFFICIAL ACTION TO AGREE TO CONTRIBUTE UP TO $250,000 TOWARD A TRAFFIC SIGNAL AT THAT INTERSECTION? BECAUSE THAT ALSO HAS PEDESTRIAN ACCESS ISSUES. I'M NOT TALKING ABOUT SIDEWALKS SPECIFICALLY, BUT I AM TALKING ABOUT THE KIDS THAT ARE WALKING ACROSS LIMBER TO GET TO THE SCHOOLS. SO, UH, HE SAID, YES, HE WOULD BE HAPPY TO DO THAT TOO. SO WHAT THIS IS, IS SIMPLY A LETTER. I COULD HAVE SENT THIS WITHOUT BRINGING IT TO COUNCIL, OBVIOUSLY, BUT, UM, HAD I MADE THAT COMMITMENT AND THERE WASN'T SUPPORT FROM THE COUNCIL, UM, THAT WOULD HAVE, THAT WOULD'VE, UH, WORKED AGAINST THE WHOLE NOTION OF ME TRYING TO BUILD BRIDGES. SO I WANTED Y'ALL TO HAVE THE OPPORTUNITY TO, TO VET IT, UM, TO LET ME KNOW IF YOU, YOU DON'T LIKE THIS TYPE OF PARTNERSHIP, OR IF THIS ISN'T THE SOLUTION THAT YOU THINK IS THE RIGHT SOLUTION, OR IF IT IS, THEN TO ENDORSE THE LETTER, LET ME SEND IT. AND THEN HE WILL TAKE IT TO HIS BOARD AND THEY WILL DO THE SAME THING. ALL RIGHT. DISCUSSION FROM COUNCIL. I THINK TO BUILD BRIDGES, THE FIRST THING YOU GOTTA DO IS EACH SIDE LAYS THE PLANK GOING TOWARDS EACH OTHER. AND THIS IS ONE OF THOSE FIRST PLANKS. SO I'M IN FAVOR OF SENDING THE LETTER AND MAKE A MOTION THAT WE ADOPT AS PRESENTED SECOND MOTION BY COUNCIL MEMBER CLARK SECOND BY COUNCIL MEMBER MCKENZIE. SO I'M, I'M PERSONAL ABOUT BUILDING BRIDGES MYSELF, BUT I LOOK AT THIS LIKE A NEIGHBOR. IF I SEE A NEIGHBOR DOING SOMETHING AND I'M GOING, YEAH, YOU REALLY CAN'T DO THAT. YOU SHOULDN'T DO THAT. AND THEY DO IT ANYWAY. AND THEN WHEN IT DOESN'T WORK OUT AND THEN THEY COME BACK TO YOU AND SAY, WELL, I REALLY, I REALLY COULD USE YOUR HELP. WELL, I'M WILLING TO HELP 'EM. BUT THEN IF THEY WOULD'VE JUST DONE IT RIGHT THE FIRST TIME. AND SO WE HAVE AN ISSUE THAT WE JUST WENT OVER LAST YEAR WITH THE ISD WHERE THEY WOULDN'T EVEN LET US INSPECT THE STADIUM. I MEAN, THEY O IT FAILED INSPECTION. THEY OPEN IT UP BECAUSE THEY CLAIM IT SOVEREIGN NATION, WE DON'T HAVE THE RIGHT TO DO CERTAIN THINGS. WE DON'T HAVE THE RIGHT TO TELL THEM TO PUT TREES OUT. WE JUST HAD AN AOR DAY AND TALKED ABOUT ALL THE GREAT THINGS IN A PROCLAMATION THAT TREES DO. AND THE ISD REFUSES TO DO THAT. AND SO EVERY TIME THE ISD COMES, THEY, IT'S WHENEVER THEY GET THE POLITICAL HEAT THAT THEN, THEN THE ISD ALL OF A SUDDEN WANTS A PARTNERSHIP, THEN THEY WANT US, AND I DON'T MIND CAUSE WE'RE NOT SPENDING MATERIALS, BUT WE'RE SPENDING LABOR THAT COULD JUST, I ASKED JAMES, I SAID, CAN WE NOT BUILD OUR OWN SIDEWALKS? SO DOES THIS MEAN THAT WE HAVE THE MANPOWER THAT WE COULD EARMARK COSTS AND WE COULD GO BUILD MORE SIDEWALKS INSTEAD, I FEEL LIKE WE'RE FIXING AN ISD PROBLEM. AND AGAIN, I'LL PROBABLY VOTE FOR THIS, BUT AT SOME POINT I SHARED THE INTERLOCAL WITH THE MAYOR PRO TIM AND THE COUPLE MEMBERS OF SCHOOL BOARD IN OUR MEETING. THE ONLY PROBLEM I HAVE WITH YOUR LETTER IS THE INTERLOCAL DOESN'T NEED TO BE LOOKED AT AGAIN. IT CLEARLY SAYS IN THERE THAT THEY, WHEN THEY BUILD, LIKE WHEN THEY BUILT THE NINTH GRADE CENTER, THEY'RE REQUIRED TO BUILD IT LIKE IT WAS COMPLETELY BUILT OUT. ALL SIDEWALKS, ALL TRAFFIC LIGHTS, ALL CROSSWALKS, BUT THEY CUT EVERY CORNER THAT THEY CAN AND THEN THEY WAIT FOR PEOPLE TO COMPLAIN TO THE CITY THAT THERE'S NO SIDEWALKS RUNNING DOWN 6 16 60. WHO WOULD DO THIS TO MY KIDS? IT'S THE SCHOOL DISTRICT THAT'S DOING IT TO YOUR KIDS. AND THEN THEY COME BACK AND THEY SAY, WELL, CAN YOU HELP US OUT THE LIGHT ON, UM, BY COTTONWOOD, MY ONLY ISSUE WITH THE LIGHT ON COTTONWOOD IS THE RESPONSE FROM SOME MEMBERS OF THE SCHOOL BOARD IS, WELL, YOU GUYS BUILT THE HOUSES OVER THERE SO THE DEVELOPER SHOULD HAVE PUT IT IN. AND I SAID, WELL, YOU BUILT THE SCHOOL ON A MAJOR ROADWAY. AND SO YOU HAD TO KNOW IF YOU LOOKED AT THE FUTURE LAND MAP, THAT THERE'S GONNA BE RESIDENTIAL ACROSS THERE. AND IF YOU FOLLOW THE INTERLOCAL, YOU WOULD'VE BEEN REQUIRED TO PUT IN A CROSSWALK IN A, IN A SAFE PASSAGE ZONE BEFORE THERE WAS HOMES THERE. BECAUSE WE MAKE DEVELOPERS DO THAT ALL THE TIME. SO I DON'T MIND THIS INSTANCE BECAUSE IT'S LABOR, BUT I'M AFRAID IT STARTS A PRECEDENCE WHERE WE START, EVERY TIME THEY HAVE AN ISSUE, THEY'RE GONNA COME BACK TO US. BUT THEN WHEN THEY COME [03:25:01] UP HERE FOR A DEAL AND THEY WANT TREE VARIANCES AND THEY DON'T WANNA PUT ANY LANDSCAPE IN AND ALL THESE OTHER THINGS, I MEAN, AT SOME POINT WE HAVE TO SAY, WE HAVE TO TREAT YOU JUST LIKE WE DO ALL THE OTHER DEVELOPERS. AND TO DO THAT, YOU HAVE TO KIND OF FOLLOW SOME OF THE CODES CUZ THE STUFF, IF TREES DON'T BENEFIT THE COMMUNITY, THEN WE NEED TO TAKE 'EM OUT OF OUR ORDINANCES. WELL, I THINK THAT'S A VALID POINT. AND WHAT'S BEFORE YOU IS EFFECTIVELY A DRAFT. I HAVEN'T, I HAVEN'T EXECUTED IT AND SENT IT. THAT'S WHY IT'S AN ENDORSEMENT. SO IT'S IN DRAFT FORM IF YOU WANT TO DIRECT THE, I ADD A STATEMENT IN THERE ABOUT, YOU KNOW, REQUIRING THE ILA COME BACK, UH, FOR, I KNOW THAT THERE WAS TO TALK ABOUT THAT IN THE PAST, BUT IF YOU WANT TO FORMALIZE IT, I DON'T HAVE A PROBLEM ADDING THAT CLAUSE INTO THE LETTER. AND, AND FRANKLY, I WOULD BE MORE COMFORTABLE IF I PUT MY EYES ON IT AND FELT THAT IT MEANT MESSED THERE MYSELF. YEAH. AND, AND I DON'T MIND, I THINK WHEN WE MET THAT, THEY SAID THAT HENRY SAID THAT HE WAS OKAY WITH THE AGREEMENT AND LOOK AT IT IN THE SPRING. UH, YES. THAT'S WHAT I REMEMBER HIS, THAT THEY, THEY WANTED TO LOOK AT IN THE SPRING. AND I'M FINE IF WE WANNA LOOK AT IT SOONER. AND I WAS LIKE, I WANTED TO LOOK AT IT A YEAR AGO. I WAS ACTUALLY TRYING TO FIND IT LAST AUGUST WAS WHEN WE HAD A BIG HOOPA OVER TREES. SO AGAIN, I DON'T MIND HELPING BUILDING BRIDGES. I DON'T THINK THIS IS BUILDING A BRIDGE. I THINK IT'S, UM, IT'S UM, ENABLING AN ORGANIZATION OR A PERSON TO, TO DO THE SOVEREIGN NATION AND THEN US HAVE TO CLEAN IT UP AND WE SHOULD BE DIGGING IN AND WE SHOULD BE SAYING, NO, YOU'RE GONNA PUT SIDEWALKS IN. AND THAT CULVERT THEY DESIGNED, THEY DESIGNED IT. AND SO THEY DESIGNED IT. THEY HAD, THEY DESIGNED IT PROPERLY IN THE BEGINNING. WE HAVE A PROBLEM WHEN WE FIX 1 37, THERE'S GONNA BE A PROBLEM THERE. SO I'LL JUST FINISH WITH, I'LL PROBABLY VOTE FOR THIS UNLESS SOMEONE SAYS SOMETHING CHANGES MY MIND. BUT GOING FORWARD, I HOPE THE COUNCIL LOOKS AT THIS. AND WHEN THEY COME UP AND SAY, HEY, YOU'RE GONNA HAVE TO START FOLLOWING THE RULES THAT YOU AGREED TO IN INTERLOCAL BECAUSE IT'S STARTING TO COST MONEY. AND I KNOW HENRY SAYS WE SERVE THE SAME TAXPAYER AND I DISAGREE WITH THAT. THEY SERVE OUR TAXPAYER. WE DON'T SERVE ALL OF THEIR TAXPAYERS. AND SO OUR TAXPAYERS HAVE THEIR OWN PROBLEMS WITH THEIR OWN NEEDS AND THEY HAVE THEIR OWN PROBLEMS. THEY'RE UNDERFUNDED AND BEHIND. WE'RE UNDERFUNDED AND BEHIND. UH, WELL, GENERALLY SPEAKING, THE, THE, THE, THE DOUBLE TAXPAYER THING IS USUALLY REGULATED TO ARGUMENTS OF, OF FEES THAT YOU'RE CHARGING. SO YOU'RE, YOU'RE BASICALLY PASSING A TAX FROM, FROM ONE ENTITY TO ANOTHER. SO LIKE IF I'M GONNA, THE SCHOOL DISTRICT WAS GONNA HAVE TO PAY A A, A SIGNIFICANT FEE. WELL ONE IS THE, THE IMPACT FEES HAVE BEEN RIGHT. YOU KNOW, BUT THAT'S STATE. UM, SO THAT'S ONE OF THE, THE RARE INSTANCES WHERE IMPACT FEES, YOU KNOW, KNOW ARE WAIVED BECAUSE THEY JUST DON'T HAVE TO PAY THEM. BUT THAT'S WHERE YOU USUALLY RUN INTO THAT, THAT WAS ABOUT TREES THAT WE SHOULDN'T REQUIRE THEM TO PUT TREES IN BECAUSE IT'S EXPENSIVE AND IT MM-HMM. . YEAH. THAT'S NOT HOW YOU, THAT'S NOT TYPICALLY HOW YOU HEAR THAT USE SIDEWALKS ARE NECESSARY FOR THE, FOR THE FUNCTION OF MANY THINGS BESIDES, UH, KIDS WALKING TO SCHOOLS. BUT THAT IS ONE OF THE PREDOMINANT REASONS OF SIDEWALKS IS FOR KIDS WALKING TO SCHOOLS. IN FACT, THERE'S ENTIRE GRANT PROGRAMS THAT EXIST SPECIFICALLY FOR SAFE ROUTES TO SCHOOLS. SO, YOU KNOW, I THINK, I THINK THAT'S WHERE THE, THE RELATIONSHIP, THE, THE BUILDING BRIDGES. AND, AND AGAIN, IF, IF YOU WOULD LIKE ME TO ADD LANGUAGE ABOUT THAT INTO THE LETTER, I'M MORE THAN HAPPY TO DO THAT BECAUSE I THINK IT'S APPROPRIATE TO, TO, TO BRING IT UP AT THE SAME TIME AND FOR THE, THEIR BOARD TO HAVE THE OPPORTUNITY TO SEE THE COMMITMENT FROM THE CITY, BUT ALSO THE REQUEST TO, TO REVISIT THE ILA AND TO MAKE SURE THAT IT'S, IT'S FUNCTIONING PROPERLY. BECAUSE THERE'S A NUMBER OF THINGS, THE LIVE OAK ROAD IS PERFECT, WHERE THINGS JUST REALLY HAVE NOT BEEN OPERATING THE WAY THAT THEY OUGHT TO HERE IN, IN THE PAST. AND THOSE ARE THE THINGS THAT I'M ENDEAVORING TO TRY TO FIX AS I COME ACROSS 'EM. I DON'T, YOU DON'T HAVE TO CHANGE THE LETTER FROM ME. I, I JUST WANT US TO HAVE OUR STAFF EMPOWERED. THEY'LL FOLLOW THE RULES AND IF THERE'S AN ISSUE AND YOU NEED A VARIANCE, YOU COME, YOU COME UP LIKE EVERY OTHER DEVELOPER DOES. UM, BECAUSE THEY DO GET THE CREDIT OF THE IMPACT FEES, WHICH MOST DEVELOPERS ARE SAYING ARE EXTREMELY HIGH. SO I THINK WE ARE TRYING TO DO THINGS, BUT, UM, THAT'S ALL I, YEAH, I GUESS THE WAY I WOULD FRAME THIS IS, THIS IS CLEANUP OF PAST MISTAKES. THINGS THAT WEREN'T DONE CORRECTLY IN THE PAST MM-HMM. , BUT IT WAS DONE A LONG TIME AGO. MM-HMM. . UM, AND SOME OF THESE THINGS JUST NEED TO HAPPEN. I MEAN, WE, WE WERE PREPARED FROM OUR DISCUSSIONS TO PUT IN A TRAFFIC LIGHT BECAUSE IT'S NEEDED AND GETTING THEM TO, UM, WE'RE NOT, I DON'T WANT TO ESTABLISH A PATTERN THAT WE'RE JUST GONNA CLEAN UP EVERYTHING. THE THE GOAL IS, OKAY, WE'RE GONNA CLEAN THIS UP, BUT LET'S WORK TOGETHER TO MAKE SURE THAT WE DON'T KEEP MAKING THESE MISTAKES GOING FORWARD. THAT WE HAVE THE RIGHT THINGS IN PLACE SO THAT WE REVIEW EVERYTHING, WE GET THE EVERYTHING DESIGNED CORRECTLY IN THE FIRST PLACE. AND DON'T CONTINUE TO HAVE THESE THINGS COME UP. CUZ DESIGNING A SCHOOL PLANNING THAT PEOPLE AREN'T GONNA WALK TO IT IS, YOU KNOW, [03:30:01] KIND OF WISHFUL THINKING. RIGHT. UM, WE NEED TO MAKE SURE THAT WE GET AGREEMENT THAT WE'RE GONNA HAVE THE RIGHT CONTROLS AND THE RIGHT DISCUSSIONS HAPPEN AND THE RIGHT POLICIES IN PLACE TO PREVENT THIS. AND I, I THINK THAT'S KIND OF SEPARATE FROM THIS LETTER, BUT THIS LETTER KIND OF ESTABLISHES SOME GOOD WILL THAT, HEY, WE'RE WORKING WITH YOU, WE'RE FIXING THIS, BUT NOW LET'S GO BACK AND MAKE SURE THIS DOESN'T KEEP HAPPENING. OKAY. I AGREE. IT'S A STEP IN THE RIGHT DIRECTION. UM, IT DOES SEEM A LITTLE IRONIC THAT WE'RE, UM, ADMONISHING THEM FOR NOT PLANNING CULVERTS CORRECTLY OR DOING SIDEWALKS CORRECTLY AND WHEN WE'VE TORN UP SEVERAL OF OUR OWN AND BAD DESIGN AS WELL. AND I'M JUST SAYING THAT AS, AS A STATEMENT. OH, AND I'M NOT TRYING TO BLAME THEM. I'M, I'M JUST SAYING IT, IT WAS DONE INCORRECTLY AND I DON'T EVEN KNOW WHO'S TO BLAME. THERE'S PROBABLY PLENTY TO GO AROUND, BUT I AD MODEST SAM, UH, YEAH. SEVERAL TIMES IF HE CAME UP I HAD SOMETHING TO SAY BECAUSE I THOUGHT HE WAS DOING A, YEAH. NOT SO MUCH OF A BANG UP JOB. UM, BUT HOPEFULLY THIS WILL PUT US BACK INTO THE, AN ACTUAL RELATIONSHIP VERSUS A WHAT HAS SEEMED BY SOME, A PARASITIC RELATIONSHIP. I DO NOT VIEW IT AS A PARASITIC RELATIONSHIP. SO I HOPE IT DOESN'T TURN INTO A A WELL I GAVE YOU THIS, SO YOU GIVE ME THAT OR A TIP FOR TAT. I LOOK AT THIS MORE OF A, THIS IS A GENUINE OLIVE BRANCH, NOT A, HEY, WE'RE GONNA GIVE YOU THIS, BUT DON'T EVER COME ASK US FOR ANOTHER VARIANCE AGAIN. CUZ I FEEL LIKE THAT IS AN EQUALLY IN BAD FAITH, OR AT LEAST IN ILL INTENT. SO WHEN I APPROVE THIS, I'M NOT PUTTING THE CAVEAT ON IT, ON, HEY, IF YOU EVER HAVE A MISDESIGNED SIDEWALK, AGAIN, JUST PLAN TO EAT IT. THAT'S NOT THE MESSAGE THAT I WANT TO SEND TO THE I S D I WANT TO SEND THE MESSAGE OF WE UNDERSTAND THIS IS AN ISSUE. THE HIPPOS THAT ATTEND THESE SCHOOLS ARE A PART OF HU AND WE SHOULD ENSURE THEIR SAFETY AS WELL. SO I DO FEEL RESPONSIBLE FOR THEM AS WELL AS A COUNCIL MEMBER. UM, SO SURE WE CAN HAVE BETTER SAFEGUARDS GOING FORWARD, KNOW TO CHECK THOSE THINGS, BUT WE AS A CITY NEED TO DO THAT ON ALL PROJECT, NOT JUST THE I S D. UM, SO I AM SENDING THIS FORWARD FROM MY PLACE OF WANTING TO EXTEND THAT OLIVE BRANCH INTO BUILDING THE RELATIONSHIP. NOT, UH, HEY, I GAVE YOU THIS, SO I EXPECT YOU TO DO THIS THE NEXT TIME. UM, SO THAT'S JUST WHERE I'M COMING FROM AND I WANTED TO SEND THAT OUT, YOU KNOW, IN PUBLIC AND TO THE ISD CAUSE I'M SURE THEY WILL GO BACK AND WATCH THIS. I JUST WANNA SAY, UM, AT THE END OF THE DAY WHEN I FIRST SAW THIS, I WAS VERY EXCITED TO SEE IT. BUT WHEN YOU THINK ABOUT IT, WE'RE TALKING ABOUT CHILDREN. THIS ISN'T ABOUT, YOU KNOW, THEY SHOULD HAVE DONE THIS, WHO MESSED THIS UP. THIS IS ABOUT FAMILIES AND THEIR CHILDREN AND CHILDREN BEING ABLE TO GET TO SCHOOL SAFELY. AND FOR US TO BE ABLE TO ENTER IN CONVERSATIONS WITH, UM, MR. GIDEON AND THE I S D AND PARTNER WITH THEM FOR THE SAFETY, EVEN IF IT WASN'T TO BUILD A BRIDGE JUST FOR THE SAFETY OF THESE CHILDREN ALONE, IT'S WORTH IT. AND PUT OUR PRIDE AND EGO ASIDE AND SAY, LET'S SEE WHAT WE CAN DO. EVERYONE WAS CULPABLE IN THIS MESS. LET'S WORK TOGETHER AND FIX IT. AND I, I'M, I'M VERY HAPPY TO SEE THIS. CAN I OFFER AN AMENDMENT THAT WE, INSTEAD OF THEIR BILL NOT TO EXCEED 250,000 THAT THE CITY NOT TO EXCEED? I DON'T, I DON'T KNOW WHAT THE COST IS. I THINK GENERALLY THESE ARE ABOUT A HALF A MILLION, BUT THE CITY'S NOT TO EXCEED A 250,000. YOU, YOU CAN CERTAINLY ASK. I WAS BUILDING THAT OFF OF THE VERBAL COMMITMENT THAT I HAD HEARD, UH, THAT HAD BEEN EXTENDED, THAT THERE WAS $250,000 TO PAY TOWARD THE LIGHT. SO THAT'S WHERE THAT LANGUAGE CAME FROM. THAT'S WHY I PUT AMENDMENT OUT THERE. THEY PASSED A BOND MEASURE FOR SAFETY FOR THINGS LIKE THIS. AND SO THEY HAVE, THEY'RE THREE TIMES THE SIZE OF US, BUT I WOULD, I WOULD RATHER, UH, AN UNEXPECTED THING FALL ON THEIR, ON THEIR SHOULDERS. BUT IF NO ONE SECONDS IT, THEN IT IS WHAT IT IS. RIGHT. IS THERE A SECOND RIGHT HERE? NONE THAT DIES. AND SO THE MOTION IS TO APPROVE IT AS PRESENTED. I'LL MAKE A MOTION TO APPROVE. UH, 12.2 AS, UH, PRESENTED. IT ALREADY WAS, IT WAS ALREADY OUT THERE. OH, SORRY. YEAH. ALL RIGHT. THERE'S NO OTHER DISCUSSION. PLEASE CALL THE VOTE COUNCIL MEMBER CALLER. AYE. COUNCIL MEMBER THORNTON. AYE. MAYOR TIM GORDON. AYE. MAYOR SNYDER. AYE. COUNCIL MARK. AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER KENZIE AYE. MOTION PASSES. SEVEN ZERO. [12.3. Consideration and possible action on a request to the County Attorney to submit a request for an attorney general opinion on whether a City Council member may refuse compensation under Hutto City Charter Section 3.04 to avoid a violation of Article XVI, Subsection 40(b) of the Texas Constitution.] NEXT WE HAVE ITEM 12 THREE CONSIDERATION AND POSSIBLE ACTION ON REQUEST TO THE COUNTY ATTORNEY TO SUBMIT A REQUEST FOR AN [03:35:01] ATTORNEY GENERAL OPINION ON WHETHER A CITY COUNCIL MEMBER MAY REFUSE COMPENSATION UNDER HUO CITY CHARTER SECTION 3.04 TO AVOID A VIOLATION OF ARTICLE 16, SUBSECTION 40 B OF THE TEXAS CONSTITUTION. SO THE ONLY REASON I ASK FOR THIS IS BECAUSE I DON'T, I DON'T THINK WE HAVE ENOUGH INFORMATION. THIS QUESTION WOULD'VE BEEN ASKED, I WAS TALKING TO S CAR, THIS WOULD'VE BEEN ASKED ON THE PREVIOUS ISSUE, BUT THE PERSON SEPARATED EMPLOYMENT. AND SO THE CHARTER SAYS ONE THING, THE CONSTITUTION SAYS ANOTHER. AND I DON'T, I DON'T KNOW HOW, I GUESS I TOLD HER I'M BEING LITERAL AND IT'S NOT ABOUT HER. THIS IS ABOUT, UM, IF THERE'S AN I S D EXECUTIVE THAT'S APPOINTED TO THE COUNCIL, WHOEVER IT IS, UM, I DON'T KNOW HOW WE CAN SAY THAT. PART OF THE CHARTER IS NOT CONFLICTING WITH THE CONSTITUTION EXCEPT FRONT OF CERTAIN CIRCUMSTANCES. AND WHEN IT DOES, WE'RE JUST GONNA SAY X I THINK WE NEED SOMEONE HIGHER UP TO SAY WHAT WE NEED TO DO BECAUSE OTHERWISE WHAT PART, WHAT OTHER PARTS OF THE CHARTER CAN WE THEN SAY ARE WE DON'T HAVE TO FOLLOW? AND SO TO ME IT'S JUST A QUESTION TO ASK OF THE A, THE AG THAT WHEN YOU'RE IN THIS SITUATION, WHAT, WHAT DO YOU DO? SO I'M ALL FOR GETTING AN AG OPINION. UM, MY CONCERN IS THAT WE HAVE A HISTORY OF ARGUING WHETHER OR NOT THE AGS OPINION WAS RIGHT AND IT CONTINUES TO GO ON AND ON. WELL, I MEAN THE LAST ONE, THE AG OPINION CAME, PUT IT ON US. IT WAS NOT DEFINITIVE AND THEN WE HAD TO MAKE A DECISION ABOUT IT. SO, YOU KNOW, I JUST DON'T WANNA GET ANOTHER SITUATION WHERE WE'RE GOING TO THE AG THREE OR FOUR DIFFERENT TIMES ASKING THE SAME QUESTION, HOPING TO GET THE ANSWER THAT IS WANTED. DOES THAT MAKE SENSE? NO, BECAUSE I DON'T THINK IT'S THE SAME QUESTION. IT'S A DIFFERENT QUESTION. AND THE AG GAVE US INFORMATION THAT SAID WE GET THE, WE HAVE THE POWER TO DEFINE THAT. AND SO IF THE AG COMES BACK AND SAYS WE HAVE TO DO THAT, LOOK TO ME. SO I I PRINT OUT A COUPLE, THESE ARE SOME PENDING POINT OF CLARIFICATION. DIDN'T THEY, DIDN'T THEY JUST TELL US WE COULD, WE HAD THE RIGHT TO DECIDE WHETHER IT WAS COMPENSATION OR SALARY, CORRECT? YES. OKAY. SORRY, I WAS CLARIFYING CAUSE THAT'S NOT WHAT YOU JUST SAID. NO, THAT'S NOT THE QUESTION HERE. THE QUESTION IS CAN YOU THEN RE IF THE CHARTER, IF THE VOTERS TELL YOU, YOU SHALL GET COMPENSATION. THE QUESTION IS CAN THE CITY ATTORNEY, CAN THE CITY MANAGER, CAN THE CITY COUNCIL THEN SAY, WELL THIS PARTICULAR SITUATION, WE'RE NOT GOING TO MAKE THIS PERSON GET PAID. AND SO I THINK THERE'S A PERSONALLY THERE'S A SPOT HERE TO WHERE I DON'T KNOW THAT IT'S, IT'S BEEN COVERED UNDER THIS. CAN I WANT TO HEAR ALL YOUR LEGAL ARGUMENTS? I JUST HAVE ONE QUESTION. SURE. IF, IF YOU'D PREVENT. OH, SURE. OKAY, THANK YOU SIR. UNDER SECTION THREE, 11,016, THE TEXAS CONSTITUTION DEFINES MAY, SHALL, MUST AND ET CETERA SHALL, IS DEFINED AS IT IMPOSES A DUTY. SO IT IMPOSES A DUTY OF THE CITY TO PROVIDE THE FUNDS. IT NOWHERE IN OUR CHARTER THAN IT SAYS THAT THE PERSON, THE COUNCIL PERSON ELECTED MUST RECEIVE IT. IT JUST SAYS THAT THEY SHALL PROVIDE IT AND IT'S, AND THE DUTY IS REQUIRED TO THE CITY NOT ONTO THE COUNCIL PERSON. SO THAT WAS MY ONLY QUESTION TO THE CITY ATTORNEY WAS, UM, IN MY MIND, THE DUTY IS THAT WE SHALL MAKE THE BUDGET AMENDMENT TO HAVE THE FUNDS AVAILABLE IF THAT COUNCIL MEMBER CHOOSES NOT TO ACCEPT IT. THERE'S NOTHING IN THE CHARTER THAT SAYS THEY HAVE TO ACCEPT THE MONEY, JUST THAT WE HAVE TO, AS A CITY SHALL PROVIDE IT. I E WE BUDGET TO DO IT. UM, AND THAT'S HOW I INTERPRET IT. AND IF I'M WRONG, OKAY, MAYBE WE NEED AN AG OPINION. I DON'T THINK I AM, I DON'T THINK WE HAVE TO GO TO AN AG OPINION BASED ON MY UNDERSTANDING OF OUR OWN CHARTER AND THE DEFINITION IN THE TEXAS CODE OF SHALL. SO IT SAYS THE MAYOR SHALL RECEIVE A COMPENSATION, THE SUM OF RIGHT, BUT THE SHALL APPLIES. THE UNDERSTANDING OF THAT IS THAT IT'S IMPLIED THAT THE CITY SHALL JUST RESERVE MONEY TO PAY THEM. BUT THE MAYOR DOESN'T HAVE TO TAKE IT, IS WHAT YOU'RE SAYING. THAT'S RIGHT. THE CITY HAS THE DUTY TO PROVIDE IT, BUT IT'S UP TO YOU IF YOU WANT TO TAKE IT. MR. MAY, I MAY APPROACH, YES. THAT THAT'S AN EXCELLENT ARGUMENT. I HAVE A QUESTION. YOU'RE OUR ATTORNEY FOR EDC, CORRECT? I'M GENERAL COUNSEL FOR THE ECONOMIC DEVELOPMENT CORPORATION AND LITIGATION COUNCIL FOR THE CITY. OKAY, I SEE. SO THIS IS A, THIS IS A LITIGATION. SO FOR DOTTY IS LIKE THE CITY ATTORNEY THOUGH, CORRECT? THAT'S CORRECT. CAN I LET CURE HER WAY IN AND THEN YOU'RE MORE THAN WELCOME TO. UM, THAT'S FINE IF THAT'S BUT UH, THE MAYOR PROVIDED UH, ME THE TIME TO SPEAK [03:40:01] AND SO SINCE THE MAYOR RECOGNIZED ME TO SPEAK, OH, SORRY, I DIDN'T REALIZE HE RECOGNIZED THE OTHER ATTORNEY. THAT'S ME BEFORE CITY ATTORNEY. OKAY. I DON'T THINK WE HAD TO GET SNARKY ON IT, BUT GEORGIA OF YOU'LL YEAH, JUST BRIEFLY IS THAT THAT ATTORNEY GENERAL OPINIONS, UH, ARE, ARE NOT TO DETERMINE FACTS. AND SO IF THERE IS A FACT QUESTION IN THE CASE, THEN THEY WILL NOT RESOLVE THAT ISSUE, WHICH IS WHAT I WAS RESPONDING TO. COUNSELS MEMBER SUTTON'S COMMENT WITH REGARDS TO THE REPEATED DECISIONS TO THE ATTORNEY GENERAL. ONCE YOU GET AN ATTORNEY GENERAL OPINION, IF IT DOES SEEK, UH, FOR ADDITIONAL FACTS AND CIRCUMSTANCES OF YOUR PARTICULAR CASE, THAT'S A SIGNAL THAT THE ATTORNEY GENERAL MAKES THAT SAYS THAT YOU SHOULD, IF YOU WANT TO CLEAR THIS UP, YOU BRING A DECLARATORY JUDGMENT CASE FOR A DISTRICT COURT IN YOUR JURISDICTION AND THEN YOU BRING THOSE FACTS AND CIRCUMSTANCES ALONG WITH THE LAW FOR THE COURT TO, TO DETERMINE WHETHER OR NOT, FOR INSTANCE, COUNCIL MEMBER CLARK'S ARGUMENT IS, IS APPROPRIATE. AND SO THAT THAT WHAT, THAT'S WHAT STOPS THE CIRCLE OF MADNESS GOING OVER AND OVER AND OVER TO THE ATTORNEY GENERAL. AND, AND THAT'S WHY I CAME UP IS TO ANSWER COUNCIL MEMBER'S SENTENCE QUESTION ABOUT THE CIRCLE. SO FROM AN AG I PRINT OFF A COUPLE, THESE ARE CURRENTLY PENDING. I DIDN'T PRINT 'EM ALL, BUT SO SOMEONE'S ASKING WHETHER A COMMISSIONER, SOMEBODY I THINK ARE NO-BRAINERS, BUT PEOPLE ASK QUESTIONS ALL THE TIME OF THEM. WHETHER A COMMISSIONER OF AN EMERGENCY SERVICES DISTRICT MAY ALSO SERVE AS A VOLUNTEER FIREFIGHTER FOR THAT EMERGENCY SERVICES DISTRICT. THAT'S LIKE AN OBVIOUS CONFLICT TO ME. BUT IT'S WORTH ASKING, UM, AUTHORITY OF A MAGISTRATE APPOINTED BY A JUDGE OR GROUP OF JUDGES UNDER GOVERNMENT CODE FIVE OR 54 TO SIMULTANEOUSLY SERVE AS THE LEGAL COUNSEL FOR THOSE APPOINTING JUDGE OR JUDGES AND FOR THE OTHER APPOINTED MAGISTRATES. SO FREQUENTLY QUESTIONS GET ASKED. I THINK WHAT HAPPENS IS THE STUFF GETS INTO THE PERSONAL THINGS AND AT THE END OF THE DAY, UM, I THINK WE NEED TO CHANGE THE CHARTER, BUT I DON'T KNOW EXACTLY HOW TO DO IT WITHOUT PUTTING A COUNCIL MEMBER MAY RECEIVE. NOW YOU'VE GOT THE ARGUMENT THERE. I READ IT DIFFERENTLY. I DON'T KNOW WHAT DOTTY WOULD SAY THAT, BUT I THINK IT GOES BACK TO WE'RE IN A UNIQUE SITUATION HERE AND IT'S, IT'S COME UP AND SO I'M JUST LOOKING FOR GUIDANCE FROM THE AG TO THEN, SO WE CAN THEN GO AND CHANGE OUR CHARTER. WE CAN'T CHANGE IT THIS MAY CUZ YOU HAVE TO WAIT TWO YEARS, BUT THE FOLLOWING TIME WE'LL HAVE SOME KIND OF CLARIFICATION HOPEFULLY ON WHAT THAT NEEDS TO LOOK LIKE, HOW THAT NEEDS TO BE WORDED. OTHERWISE WE'RE GONNA GO MAKE A CHANGE. AND SOME OF THE ARGUMENTS I'VE HEARD IS WHY DIDN'T YOU GUYS KNOW THIS WAS AN ISSUE BEFORE? OKAY, SO LET'S DO IT. RIGHT? LET'S ASK FOR AN OPINION, MAKE SURE WE'RE DOING THIS RIGHT. UM, NOT THAT WE'RE GONNA GET A FACT, BUT WE'LL GET SOME GUIDANCE THEN GO MAKE A CHARTER CHANGE A YEAR FROM MAY. AND THEN WHEN PEOPLE SAY, WELL, HOW'D YOU SCREW THAT UP? WE DID EVERYTHING WE COULD. WE'RE, WE'RE WORKING. BUT THAT'S WHERE FOR ME THIS IS COMING FROM. I, WE TALKED, UH, CUSTOMER KOHLER AND I TALKED FOR PROBABLY AN HOUR, UM, AFTER THE LAST MEETING. IT'S REALLY GOT NOTHING TO DO WITH HER. IT'S MORE OF THE UH, I THINK THE SITUATION THAT WE'RE IN. RIGHT. SO I KIND OF AGREE MORE WITH YOUR READING OF IT THAN THE MAYORS THAT IT'S PROBABLY NOT REALLY REQUIRED. BUT THE INTERESTING THING IS IT DOESN'T SAY THE CITY SHALL PROVIDE IT SAYS WE SHALL RECEIVE. AND SO THEN THAT'S IMPLYING THAT WE HAVE TO RECEIVE THE MONEY, WHICH I DON'T THINK MAKES SENSE EITHER. RIGHT. BUT IT'S, IT'S NOT SAYING THE CITY HAS PROVIDED, IT'S SAYING YOU ACTUALLY HAVE TO RECEIVE IT. RIGHT. WHICH PUTS DOES PUT IT IN CONFLICT. BUT I THINK THE CONFLICT GETS RESOLVED BY SAYING, WELL, THE LAW SAYS YOU CAN'T, SO YOU CAN'T DO SOMETHING THAT'S IN CONFLICT WITH THE LAW. RIGHT. SO I THINK THAT'S WHAT THE, THAT'S MY OPINION OF WHAT THE ATTORNEY GENERAL WOULD SAY, BUT I THINK IT'S WORTH ASKING THE ATTORNEY GENERAL AND GETTING THAT OPINION. AND NOTHING SAYS IN THE CHARTER THAT IF YOU DON'T RECEIVE THAT, THEN YOU'RE NOT ELIGIBLE TO HOLD THE OFFICE IN HERE EITHER. THAT'S THE OTHER PART THAT I WAS GONNA SAY, EVEN IF IT THEY DID RULE THAT YOU MUST RECEIVE IT. WELL, OKAY, THEY'RE IN VIOLATION OF THAT CHARTER. IT DOESN'T SAY THAT. THEN THEY CAN GET REMOVED FOR NOT RECEIVING THE COMPENSATION. I DON'T THINK IT'S A REMOVABLE THING. I THINK IT'S HOW WE CLEAR THIS UP TO WE DON'T HAVE THIS ISSUE OTHERWISE, EVERY TIME SOMEONE WORKS FOR THE GOVERNMENT, YOU'RE GONNA HAVE THIS DEBATE AND EACH COUNCIL'S GONNA HANDLE IT DIFFERENTLY. AND AT THE END OF THE DAY, UM, I THINK THE AG IS GOING TO COME BACK. SOMETHING TO THE EFFECT OF EITHER THE WAY IT'S WRITTEN IS FINE, YOU GUYS CAN HAVE A VOTE AND IT'S UP TO THE CITY TO DECIDE JUST LIKE SALARY AND COMPENSATION. OR THEY'RE GONNA SAY YOU CAN'T, UM, YOU CAN'T RECEIVE PAY. AND, AND YOU, YOU CAN'T WORD IT THIS WAY CUZ AS IT'S WORDED, IT DOESN'T CONFLICT WITH THE CONSTITUTION. BUT WE'RE IN CENTRAL TEXAS AND THERE'S A TON OF PEOPLE HERE THAT WOULD CONFLICT WITH THAT. SO, OH, DISAGREE WITH WHAT YOU GUYS ARE SAYING DOT WAY IN NOW. CAN I MAKE A COMMENT FIRST I WAS JUST GONNA SAY TO ME, IT'S, IT'S VERY, IT IT'S VERY CLEAR CUT. THE, THE STATE [03:45:01] CONSTITUTION OVERRIDES ANYTHING THAT'S IN CONFLICT LOWER THAN IT. AND YOU SAID IT IN, IN, UH, THE OTHER OPINION THAT YOU GAVE US TO WHERE IF ANY ORDINANCE OF THE CITY, UM, PROVES INCONSISTENT WITH THE CONSTITUTION OF THE STATE OR THERE THE GENERAL LAWS ENACTED BY THE LEGISLATURE OF THE STATE, THEN IT OVERRIDES. AND SO IF YOU'VE GOT A, A, A CITY CHARTER THAT SAYS YOU SHALL RECEIVE COMPENSATION AND YOU'VE GOT THE STATE CONSTITUTION THAT SAYS YOU CAN'T UNDER THIS CIRCUMSTANCE, THEN IN THAT CIRCUMSTANCE THE CONSTITUTION OVERRIDES AND THEN IT'S, YOU SHALL RECEIVE. I MEAN THE WAY I WOULD RECOMMEND THAT WE REWORD IT IN THE CHARTER REVIEW IS YOU SHALL RECEIVE THIS MUCH MONEY UNLESS IT CONFLICTS WITH THE STATE CONSTITUTION OR IT CONFLICTS WITH, YOU KNOW, HIGHER LAW. YOU COULD WORD IT THAT WAY AND THAT'D BE VERY CLEAR. BUT TO ME, I, I MEAN I THINK IT'S A WASTE OF, OF THE ATTORNEY GENERAL'S TIME. I THINK IT'S THE WASTE OF THE, THE COUNTY ATTORNEY'S TIME. IT'S A WASTE OF OUR TIME TO ASK THE QUESTION. TO ME IT'S VERY CLEAR, UM, IF WE WANT TO, IF THIS COUNCIL WANTS TO INVEST THE TIME AND MONEY TO, TO GO ASK A QUESTION THAT I THINK IS VERY CLEARLY ALREADY ANSWERED, I GUESS THAT'S FINE. UM, BUT TO ME IT'S JUST, I I THINK IT'S ALREADY ANSWERED. BUT SO SO WHY DO YOU THINK THE CONSTITUTION HAS THAT IN THERE ABOUT TO MAYOR? I WOULD REALLY LIKE FOR THE CITY ATTORNEY. I THINK I ASKED LIKE THREE TURNS AGO AND I HAVEN'T GOT TO SPEAK YET EITHER. OKAY. I'LL RECOGNIZE YOU AS SOON AS I GET UNS HIM. THE QUESTION ION, WHY DO YOU THINK THE CONSTITUTION HAS THAT CLAUSE IN THERE? TO PREVENT WHAT? TO PREVENT PEOPLE FROM GETTING INCOME FROM TWO DIFFERENT SOURCES. THAT'S FROM THE, FROM THE, FROM THE GOVERNMENT. THAT'S WHY IT'S IN THERE. AND SO THAT YOU CAN'T HAVE A PERSON GETTING INCOME FROM THE CITY, WHICH IS A GOVERNMENTAL ENTITY AND YOU'RE ALSO GETTING INCOME FROM THE STATE OR FROM SOME OTHER GOVERNMENTAL ENTITY IS TO PREVENT GETTING INCOME TWICE. COULD ALSO BE FOR CERTAIN PEOPLE, NOT, NOT SAYING A STAFFER, BUT CERTAIN PEOPLE IN OTHER POSITIONS HIGHER UP FROM NOT SERVING IN MUNICIPAL GOVERNMENT. NO, NOT AT ALL. ABSOLUTELY NOT AT ALL. BECAUSE THE OTHER VISIONS ARE ALREADY IN THERE. THEY'RE ALREADY LAID OUT WHO CAN, WHO CAN SERVE AND WHO CAN, THEY'VE ALREADY IDENTIFIED THAT. SO WHAT IF THIS COUNCIL, I POSE THIS QUESTION TO CONST MCCLURE. WHAT IF THIS COUNCIL'S MADE UP OF FOUR I S D UPPER ADMINISTRATIONS OR FIVE UPPER IS SD ADMINISTRATIONS AND THEY ALL REFUSE TO TAKE PAY, THEY GOT DUALLY ELECTED. THAT'S NOT, NOT ELECTED MIKE. NO. BUT IN A, IN A SMALL TOWN YOU WOULD EFFECTIVELY HAVE ONE GOVERNMENT RUNNING EVERYTHING. SO I, TO ME, I LOOK AT THE CONSTITUTION AND SAY THERE ARE, THERE ARE PRECAUTIONS PUT IN THERE TO PREVENT, MAYBE NOT IN A 30,000 PERSON TOWN, BUT IN A 5,000 PERSON TOWN OR A SMALL TOWN FROM MAKING SURE THAT THE CITY'S NOT RUNNING EVERYTHING ON THE ISD SIDE, THE ISDS NOT RUNNING EVERYTHING ON THE CITY SIDE. THERE'S A SEPARATION, A CHURCH AND STATE SO TO SAY. BUT YOU DOUBT THROUGH, YOU DON'T DO THAT THROUGH THE PAY THING. IF THE, IF THE CITY, IF THE CITIZENS OF THE CITY CHOOSE TO ELECT A CITY COUNCIL FULL OF ISD EXECUTIVES, THEY CAN DO THAT. YOU CAN'T DO THAT ANYWAY. YEAH, YOU CAN'T BE ON AND CAUSE AS SOON AS YOU, UM, ARE ON THE SCHOOL BOARD AND RUN FOR CITY COUNCIL, NOT BOARD, HE'S TALKING ABOUT LIKE THE, CAUSE THE ONLY THING THAT STOPS FROM BEING ON THE CITY COUNCIL IS THEY CAN'T TAKE PAY. AND SO THEN IF YOU SAY, WELL, YOU JUST SAY DON'T TAKE PAY, WELL THEN ALL OF A SUDDEN YOU COULD HAVE, THEORETICALLY YOU COULD HAVE A SUPERINTENDENT AND THE TOP BRASS AT THE ISD START RUNNING FOR OFFICE AND THAT'S YOUR BIGGEST ORGANIZATION, YOUR BIGGEST EMPLOYER. AND THEN YOUR COUNCIL COULD INEVITABLY HAVE SEVEN PEOPLE FROM THE ISD ON IT. AND THEN THE CITY MANAGER IS REALLY BUT THE CITY. BUT THAT'S IF THE CITIZENS ELECTED THOSE PEOPLE. BUT THE, DO THE CITIZENS KNOW ALL THE RULES? DO THE CITIZENS KNOW WHO'S THAT? THE MAYOR IS GRASPING AT A VERY FAR LEFT SITUATION THAT THEORETICALLY COULD HAPPEN. PROBABLY WOULD NOT HAPPEN IN REAL LIFE. YOU'D BE SURPRISED WHAT HAPPENS BY WAY I COULD HAVE MY YOU CAN HAVE THE FOUR. THANK YOU. SO I THINK KIND OF WHAT DOTTY HAD ALLUDED TO LAST MEETING WAS EXACTLY WHAT PETER JUST SAID. SO I'M JUST ASKING FOR THAT CLARIFICATION. I JUST WANNA POINT OUT THAT LAST MEETING YOU PASSED THE RESOLUTION AND THE BODY OF YOUR RESOLUTION SAYS COMPENSATION RECEIVED UNDER SECTION 3.04 B OF THE CHARTER IS DIFFERENT FROM THE REIMBURSEMENT OF EXPENSES UNDER SECTION 3.04 C OF THE CHARTER AND IS A SALARY UNDER SUB SUBSECTION 40 B ARTICLE UH, 16 OF THE TEXAS CONSTITUTION. SO YOU SAID THAT YOU AGREE THAT THIS IS SALARY AND THEN THE CONSTITUTION PROHIBITS SOMEBODY FROM TAKING IT. THAT IS A STATE EMPLOYEE. AND THEN YOU ALSO SAID THE CITY MANAGER AND [03:50:01] CITY ATTORNEY ARE DIRECTED TO TAKE ALL REASONABLE AND NECESSARY ACTION TO RECOVER COMPENSATION. SO SO WHAT YOU'RE DOING NOW IS REALLY IN CONFLICT OF THE RESOLUTION YOU PASSED LAST TIME. CUZ YOU'RE ASKING THE AG TO FURTHER CLARIFY THAT UM, SHALL RECEIVE MEANS YOU HAVE TO TAKE IT. BUT THAT CON CONFLICTS WITH WHAT YOU PASSED LAST TIME CUZ YOU'RE SAYING IT'S SALARIED AND WE TOLD THAT THAT OTHER PERSON HAD TO TAKE PAY IT BACK. RIGHT? WHICH MEANS YOU SAID THAT WE NOW SAID THAT IT WAS OKAY FOR THEM NOT TO RECEIVE IT. AND THEN YOU'RE TELLING THIS WEEK NOW, OH YOU HAVE TO RECEIVE IT. YOU CAN'T ASK FOR BOTH. THAT'S WHY I SAID THIS IS A DUMB RES, WE JUST NEEDED TO STOP. LIKE I MAKE A MOTION THAT IT GET, WHAT IS IT NOT TABLED BUT UH, DEFINITELY IN TABLED INDEFINITELY. POSTPONE IN WHAT? POSTPONE INDEFINITELY. POSTPONE. DOES THAT MEAN IT CAN'T EVER GET TAKEN UP AGAIN? CORRECT. I MAKE A MOTION TO POSTPONE THIS INDEFINITELY. SECOND. ALL RIGHT, MOTION BY COUNCIL MEMBER CLARK SECOND BY COUNCIL MEMBER MCKENZIE. AND I'LL BE RECUSING MYSELF FROM THIS VOTE. POSTPONE THIS INDEFINITELY. SO IT'S FUNNY, WE JUST TALKED ABOUT THE AG AND EVERYBODY WAS ALL ALL ABOUT ASKING THE AG FOR AN OPINION. CUZ YOU WANNA HAVE CLARIFICATION AND THEN WHEN IT COMES TO AN ITEM, YOU KNOW THERE'S AN ISSUE. YOU HAVE ONE MEMBER THAT HAS TO RECUSE THEMSELVES. YOU HAVE A, A CONSTITUTIONAL ISSUE. AND SO WHEN A PERSON RUNS, SO LET'S SAY CITIZEN A OVER HERE IS RUNNING FOR OFFICE. NOW WE'VE SUSPENDED THE FINANCIAL DISCLOSURES, WE DON'T EVEN KNOW WHERE THEY'RE GETTING THEIR MONEY FROM. SO YOU'RE SAYING THE PUBLIC, WELL THEY'RE GONNA VOTE AND DO ALL THIS, BUT THE PUBLIC'S GONNA HAVE TO DO RESEARCH WHERE WE'VE TAKEN OUT WHAT THEY OWN, WHERE THEY MAKE THEIR MONEY. WE'RE NOW SAYING THAT IF YOU DO HAVE ALL THIS AND THERE'S A CONFLICT, OH WE'LL JUST LOOK THE OTHER WAY ON THE CHARTER. SO EVERYTHING THAT WE'VE DONE AND SAID THAT WE'RE GONNA DO, WE'RE LITERALLY TAKING A VOTE TO TABLE A QUESTION THAT IS SO SIMPLE THAT IT, IT COSTS 250 BUCKS TO WRITE A LETTER. NO. NO. DID YOU NOT HEAR WHAT DOTTY SAID? ARE YOU SO HUNDRED PERCENT NO. WHAT SHE SAID WAS LAST TWO WEEKS AGO WE ADOPTED A RESOLUTION SAYING THAT WE HAVE TO GET THAT MONEY BACK FROM THAT PERSON BECAUSE IT'S PAY. NO, BUT HOLD ON A MINUTE. IF WE CAN TAKE IT BACK THEN THAT MEANT THAT THAT PERSON COULD HAVE REFUSED TO TAKE IT, RIGHT? NO. YES. OTHERWISE, MIKE, HOW CAN WE DO WHAT WE JUST DID TWO WEEKS AGO? THINK ABOUT IT. WHAT I SEE THE ACTION WE DID LAST WEEK OR LAST MEETING IS WE SAID THAT COMPENSATION SALARY ARE THE SAME THING AND BECAUSE THERE'S A VIOLATION OF THE CHARTER, YOU'RE GONNA HAVE TO PAY IT BACK BECAUSE WE DON'T HAVE ANY OTHER GUIDANCE FROM THE, FROM THE, UM, SO WHAT I'M SAYING IS, SO LET ME ASK YOU THIS. SO RECEIVE IT. SO WHO MAKES A DECISION FOR OUR COUNCIL OWNER NOT TO TAKE PAY? WHERE IS THAT WRITTEN? WHY DOES THE CITY IT, HOW CAN THEY TAKE IT BACK THEN IF THEY'RE SUPPOSED TO RECEIVE IT? WELL THAT'S MY POINT. CALL TO VOTE. CALL TO VOTE. DO YOU SEE HOW LIKE CALL TO VOTE? I GET WHAT YOU'RE SAYING. NO, I GET WHAT MIKE IS TRYING TO SAY TO CONTINUE THE DISCUSSION. SO IF YOU WANNA CONTINUE, YOU HAVE TO SECOND IT. OTHERWISE DONE. OKAY, SO THEN WE HAVE TO VOTE ON IT, RIGHT? RIGHT. CHALLENGER RULING OF THE CHAIR CALL TO VOTE. YEAH, THERE'S, THERE IS A MOTION IN A SECOND MAY. THERE'S NO WAY TO CHALLENGE THAT. WE'LL HAVE A VOTE. OKAY. TO CONTINUE THE DISCUSSION. ANY DIS ANY DISCUSSION ON THE MOTION TO CONTINUE THE DISCUSSION? THIS IS A WASTE OF EVERYONE'S TIME. ALL RIGHT. HEARING NONE PLEASE CALL THE VOTE. SO IF I COULD CLARIFY, AN I VOTE MEANS YOU WANT TO CONTINUE THE DISCUSSION, RIGHT? I'M SORRY. SAY I YOU WANT TO CONTINUE TALKING? I TO CONTINUE THE DISCUSSION, THIS IS THE VOTE TO CONTINUE DISCUSSION. YES MA'AM. WHO MADE THE, YOU MADE THE MOTION. WHO MADE THE SECOND? I MADE THE SECOND CLARK MAYOR SCHNEIDER. I I'M SORRY, CAN WE, ARE YOU RECUSING YOURSELF FROM THIS AS WELL FROM THE ABILITY TO CONTINUE TALKING? YEAH, I GUESS CUZ ULTIMATELY IT PLAYS INTO THE FINAL FLOW. SO YEAH, I'M RECUSING MYSELF FROM THIS AS ALL. YEAH. THANK YOU MAYOR SCHNEIDER. AYE COUNCIL MEMBER SUTTON NAY. COUNCIL MEMBER THORNTON. AYE. MAYOR TIM GORDON. AYE. COUNCIL MEMBER KINZIE NA. COUNCIL MEMBER CLARK. AYE. LISTEN PASSES FOUR, TWO. SO I, I HEAR THAT THERE IS A, A CONFLICT HERE. TOTALLY GET THAT. BUT WHAT I'M TRYING TO, WHAT I'M TRYING TO FIGURE OUT IS WHO HAS THE POWER TO MAKE THE DECISION? YOU GET TO REFUSE PAY THE CONSTITUTION. CONSTITUTION. THE STATE CONSTITUTION SAYS THAT THE WAY YOU CURE AS LONG, YOU'RE NOT DUAL ELECTED OFFICE HOLDERS. WHICH IN THIS EXAMPLE, UM, OUR CURRENT, ONE OF OUR [03:55:01] COUNCIL MEMBERS IS NOT A DUAL ELECTED OFFICE HOLDER. AND THERE'S CASE LETTER OPINION FROM THE AG, UM, FROM THE ATTORNEY GENERAL, WHICH IS OPINION, WHAT IS IT? UH, 98 DASH IF I COULD, NO ONE SUGGESTED IT. A DUAL OFFICE. OKAY. SO THE WAY YOU CURE, IF YOU'RE GETTING STATE FUNDING, THE STATE CONSTITUTION SAYS YOU CAN REFUSE THE PAY. THEREFORE IT DOESN'T SAY THAT. IT DOESN'T SAY YOU CAN REFUSE TO PAY. IT SAYS YOU CANNOT, YOU CAN'T TAKE IT, YOU CAN'T GET IT. WELL BY DEFINITION THEN THE STATE SAYS NO MATTER WHAT WE'VE PUT IN OUR HOME CHARTER, WE CAN'T GO AGAINST STATE LAW. STATE LAW SAYS YOU CAN'T GIVE HER THAT MONEY. NO. OR THE PERSON, THE CONSTITUTION SAYS YOU CAN'T GET IT. THE CHARTER SAYS YOU WILL GET IT, THERE'S NO CONFLICT AND THEN ALL OF A SUDDEN THERE'S A, SOMETHING HAPPENS THAT CAUSES A CONFLICT. MY QUESTION IS, DOES THAT MEAN THAT A PERSON TO BE QUITE BLUNT, DOES THAT MEAN A PERSON WHO TAKES GOVERNMENT PAY CANNOT RUN FOR A PAID POSITION IF THE CHARTER SAYS NO? BECAUSE STATE LAW IS SUPERIOR TO HOME RULES. THERE'S NO CONFLICT. THERE IS A CONFLICT BECAUSE YOU'RE TRYING TO CLAIM THAT BECAUSE OUR CHARTER SAID SHALL IS A DUTY TO RECEIVE THAT PAY THAT IF BY STATE LAW THEY CAN'T RECEIVE THE PAY, THEN THEREFORE THEY CAN'T RUN FOR CITY COUNCIL. THAT'S WHAT YOU'RE SAYING, MIKE, YOU, YOU'RE, YOU'RE USING SEMANTICS, BUT THAT'S WHAT YOU'RE SAYING. THAT'S EXACTLY, THAT'S WHAT I'M, THAT'S THE QUESTION THAT'S IN VIOLATION OF STATE LAW. SO THEREFORE WE JUST HAVE TO FIX OUR CHARTER IN TWO YEARS. BUT IT, WE ARE SUBJUGATED TO STATE LAW. STATE LAW SAYS THE PERSON CAN RE, CAN NOT TAKE, CAN'T TAKE THE PAY. THEREFORE THEY, THEY CAN HAVE THE RULE, THEY CAN'T TAKE THE PAY. SO THE CHARTER SAYS THAT YOU SHALL RECEIVE THEN WHEN YOU LOOK AT THE CONSTITUTION, IT SAYS SUCH STATE EMPLOYEES OR OTHER INDIVIDUALS MAY NOT RECEIVE. SO I THINK THAT THAT UM, PREEMPTS YOUR WILL RECEIVE LANGUAGE. SO I THINK THAT'S THE ANSWER THAT WE WILL GET IF WE ASK THAT QUESTION. IT'S JUST, IT'S ALREADY ADDRESSED IN THE TEXAS CONSTITUTION THAT THE STATE EMPLOYEE MAY NOT RECEIVE. THAT'S WHY I SAY WE'RE MAKING DECISIONS ON NO OFFENSE, BUT THINKING IT'S A LOT EASIER TO WRITE THE ILLEGAL LETTER AND THEN YOU GET AN ANSWER AND YOU KNOW, BUT IT'S UP TO YOU GUYS. I MEAN IT JUST AMAZED ME. WE JUST HAD A CONVERSATION AND WE'RE ALL EAGER TO GO TO THE UM, AG AND THEN THERE'S ANOTHER ONE THAT'S LIKE I WASN'T, WELL NOT THAT ONE POINT OF INFORMATION. DOTTY, HOW OFTEN CAN WE DO CHARTER REVIEWS? IS IT EVERY TWO YEARS OR EVERY IT'S EVERY TWO YEARS. AND SO THE LAST ONE WAS, SO ESSENTIALLY WE CAN DO IT THIS YEAR BECAUSE, BECAUSE IT WAS MAY 1ST CAUSE WHEN I WAS ELECTED OF 2021, THAT WAS WHEN THE CHARTER BE AND THEN YOU GO TWO YEARS WAS NOT IN THE NEXT ELECTION IS SO WE CAN DO IT THIS I THOUGHT IT WAS THREE SO WE DON'T HAVE TO I THINK IT'S WHAT DOTS, I THINK IT'S EVERY TWO YEARS. IT'S ESSENTIALLY WE CAN DO IT IN TEXAS CONSTITUTION ON THE BALLOT OR? YES MA'AM. I MAKE CLEAR ARTICLE IN OUR CHARTER WE SAY WE REVIEW EVERY FOUR YEARS. MM-HMM SO I THINK WE COULD ESSENTIALLY HAVE IT ON THE BALLOT IN MAY. SO LEMME ASK. THAT'S PROBABLY BE SOONER THAN GETTING AN A. SO WHAT IF THE VOTERS SAY NO, YOU HAVE TO TAKE PAY. THEN WHAT DO WE DO THEN? WE'RE BACK TO THE SAME PROBLEM AGAIN WHERE YOU HAVE A CONFLICT. WELL NO CUZ WE WRITE IT SUCH THAT THEY UNDERSTAND THAT WE'RE MAKING THE CHARTER CHANGE. WE DO WHAT PETER SAID. WE SAY THAT LITTLE LAST PART OF THE SENTENCE TO MAKE IT, AND THEN WE SAY THAT TO MAKE IT IN COMPLIANCE WITH STATE LAW. YEAH. IN WITH THE CONSTITUTION OR I FORGET HOW YOU WORD IT. YEAH. SO WE'RE MAKING DECISIONS BASED ON WHAT WE THINK THE VOTERS ARE GONNA VOTE. I'M JUST SAYING TO ME, THAT'S WHY YOU NO, WE'RE MAKING DECISION. YOU'RE NOT ASKING THE VOTERS TO WRITE THE CONS TO WRITE THE CHARTER FOR YOU. YOU'RE SAYING HERE'S HOW WE WANNA CHANGE THE CHARTER. DO YOU WANNA CHANGE IT? YES OR NO? YOU'RE, YOU'RE ESSENTIALLY CLARIFYING THIS CHARTER AMENDMENT TO SAY THAT IF YOU'RE A STATE EMPLOYEE YOU MAY NOT RECEIVE, YOU JUST WRITE IN THE CONSTITUTIONAL PROVISION IN THERE, WHICH IS WHAT SHOULD HAVE BEEN DONE IN THE BEGINNING. AND IT DOES SAY NO LATER THAN EVERY FOURTH YEAR. DOESN'T SAY IT HAS TO BE FOUR YEARS. IT'S NO LATER THEN. RIGHT. OKAY. ALL RIGHT. SO WE'RE BACK TO THE MOTION TO POSTPONE IT. DEFINITELY BY COUNCIL MEMBER CLARK SECOND BY KENZIE. UNLESS THERE'S ANY OTHER DISCUSSION. ALL RIGHT. HEARING NONE PLEASE CALL THE VOTE COUNCIL MEMBER MAY MAYOR SCHNEIDER MAY. COUNCIL MEMBER CLARK. AYE. MAYOR TIM GORDON. AYE. COUNCIL MEMBER SUTTON AYE. COUNCIL MEMBER KENZIE AYE. [04:00:02] PUSH PASSES FOUR, TWO. AND THAT BRINGS [13. EXECUTIVE SESSION] TO EXECUTIVE SESSION 13 ONE RECEIVED LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0 71 RELATED TO PENDING LEGAL REQUESTS, POTENTIAL CLAIMS PENDING LITIGATION AND CITY COUNCIL LEGAL REQUESTS. ITEM 13 TWO RECEIVED LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0.0 71 RELATED TO CO-OP DEVELOPMENT AGREEMENTS AND RELATED AGREEMENTS, DURANGO FARMS AMENDED AND RESTATED DEVELOPMENT AGREEMENT AS AMENDED IN BUTLER LOAN AGREEMENT WITH COTTONWOOD LOCAL GOVERNMENT CORPORATION. AND ITEM 13 THREE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 51 0.0 71 LEGAL CONSULTATION TO DELIBERATE AND SEEK THE ADVICE OF ITS ATTORNEYS REGARDING THE FOLLOWING MATTERS. LONGHORN TITLE COMPANY INTER PLEATER VERSUS PRESTON HOLLOW CAPITAL LLC AT ALL PENDING IN THE 368 JUDICIAL DISTRICT. WILLIAMSON COUNTY, TEXAS RIVER CREEK DEVELOPMENT CORPORATION AT ALL V PAXTON AT ALL FILED INTO 425TH JUDICIAL DISTRICT, WILLIAMSON COUNTY, TEXAS AND JONES V. CITY OF HU ET ALL FILED IN THE UNITED STATES DISTRICT COURT. AUSTIN DIVISION, THE TIME'S 1102 WE COOL GOING IN THIS ROOM OR DO WE NEED TO GO UPSTAIRS? UPSTAIRS, POSTAL UPSTAIRS, RIGHT? OH YEAH, I'VE GOT DINNER. [14. ACTION RELATIVE TO EXECUTIVE SESSION.] YEAH, I TIRED. HE'S TALKING RIGHT? IT'S ONE O'CLOCK. WE'RE BACK FROM EXECUTIVE SESSION. NO ACTION WAS TAKEN. NEXT WE HAVE ITEM 14 ONE. IS THERE ANYTHING TO BE DONE ON THAT ONE HEARING DONE? WE'LL GO TO 14 TWO. ANYTHING ON 14 TWO? HEARING NONE WE GO TO 14 THREE. IS THERE ANYTHING FOR 14 THREE? HEARING NONE, WE'LL ADJOURN AT 1:00 AM I HAD UM, TWO THINGS. UM, SINCE IN THIS MEETING WE FOUND OUT THAT WE POTENTIALLY COULD DO A CHARTER REVIEW THIS YEAR. I DON'T REMEMBER WHAT THE, DO WE NEED AN AGENDA ITEM TO ASK FOR A CHARTER REVIEW? DOTTY, AM I GONNA, I I'LL PAIR WHATEVER YOU SAY FOR THE RECORD. SO CHARTER REVIEW, YOU CAN UH, HAVE AN ACCESS TO CITY CHARTER REVIEW COMMITTEE. YOU CAN SEND, UH, SO THE ANSWER FROM THE CITY ATTORNEY IS THAT YOU CAN HAVE AN ITEM TO CALL FOR A CHARTER REVIEW COMMITTEE TO BE FORMED AND THEN YOU CAN SEND SPECIFIC ITEMS FOR THEM TO REVIEW ON THE CHARTER. AND THEN SHE'S ASKING IF THE DESIRE OF COUNSEL IS TO BRING FORWARD AN ITEM TO DO THAT. MY QUESTION IS HOW THE TIMEFRAME OF WHEN DOES IT HAVE TO BE DONE SO THAT WE COULD ACTUALLY GET IT ON A BALLOT? THAT'S THE THE QUESTION THAT I THINK WELL IF YOU'RE GONNA ANSWER THAT, YOU MIGHT AS WELL COME UP TO THE BOTTOM IF I COULD. SO I THINK WE'RE STARTING TO TALK ABOUT AN ITEM A LOT MORE THAN IF WE JUST WANT IT ON THE AGENDA. SO WHY DON'T WE JUST PUT IT ON THE AGENDA FOR DISCUSSION THE NEXT MEETING. MM-HMM. AND THEN WE CAN HAVE EVERYTHING READY CUZ SINCE WE WEREN'T POSTED. YEAH. RIGHT. OKAY. AND THEN MY SECOND THING, UM, IN THE SPIRIT OF TRANSPARENCY, UM, MY HUSBAND AND I HAVE ACTUALLY MY HUSBAND HAS BEEN, UM, OFFERED A REALLY GREAT, UM, OPPORTUNITY THAT, UM, WE AS A FAMILY ARE GOING TO BE TAKING UP ON. UM, SO I WILL NOT BE ABLE TO FINISH OUT THE REMAINDER OF MY SEAT TERM. UM, OBVIOUSLY THE MARKET AND HOUSING AND RIGHT NOW THERE ISN'T A DEFINITE TIMEFRAME. EXACTLY, BUT AGAIN, IN THE SPIRIT OF TRANSPARENCY, UM, I DID WANT TO LET EVERYBODY KNOW AND THE PUBLIC KNOW, UM, WE WILL BE PUTTING OUR HOUSE ON THE MARKET SO THE EVERYONE WILL KNOW. UM, WE WILL BE MOVING, UM, TO THE CYPRUS AREA, SO OUTSIDE OF HOUSTON. UM, SO WE ARE HAVE A LOT ON OUR PLATES CURRENTLY. UM, AND UM, I HAVE ENJOYED SERVING WITH ALL OF YOU GUYS. UM, I DON'T THINK THIS WILL BE MY LAST MEETING, UM, BUT I JUST AGAIN WANTED TO MAKE SURE THAT EVERYONE UP HERE KNEW AND EVERYONE KIND OF LEARNED AT THE SAME TIME. THAT'S ALL. WELL THANK YOU FOR THAT. WE DON'T ALWAYS SEE EYE TO EYE ON THINGS AND YOU ARE NEVER GONNA BELIEVE THIS. MY WIFE DOESN'T BELIEVE IT, BUT I ACTUALLY LIKE A DIFFERENCE OF OPINION FREQUENTLY BECAUSE IT DOES MAKE ME THINK SOMETIMES. UM, AND I HAVE CHANGED ON SOME THINGS. UM, BUT I, I APPRECIATE A DIFFERENCE. I REALLY DON'T LIKE THE SAME THOUGHT. UM, I HAVEN'T TOLD JAMES THIS, BUT HE SEEMS TO AGREE WITH ME A [04:05:01] LOT AND I'M TRYING TO GET HIM TO NOT AGREE WITH ME. SO I KEEP TRYING TO FIND OUT WHERE HIS BREAKING POINT IS CUZ I REALLY WANT HIM TO ARGUE WITH ME. SO, UM, I APPRECIATE THE, UH, THE, THE BACK AND FORTH AND EVERYTHING AND UH, I HOPE YOU'RE THERE FOR THE UM, WHAT'S IT CALLED THAT WE DID AT GLENWOOD? THE UM, THE POLAR BEAR PONDS. OH, THE POLAR BEAR. CAUSE IT WAS 80 LAST YEAR. IT SHOULD BE COOLER THIS YEAR. YEAH, POLAR BEAR POND BIG TO DO I THINK WHAT FOUR FOUR OF US JUMPED. FOUR, FOUR OF US JUMPED. YEAH, THERE'S A VIDEO THAT HORRIBLE NEED TO PUT A SHIRT ON , BUT RIGHT. WITH THAT THEN WE WILL, UH, WE WILL ADJOURN AT 1 0 4. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.