[00:00:02]
[1. CALL TO ORDER AND CERTIFICATION OF A QUORUM]
MELO HERE.COUNCIL MEMBER JOHNNY SIMPSON.
COUNCIL MEMBER SCOTT SCHRADER.
COUNCIL MEMBER BILL SCHICK HERE.
AND COUNCIL MEMBER KEVIN EDMONDS.
[2. PUBLIC COMMENTS]
TWO, PUBLIC COMMENTS.MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME, LASTING OUT LONGER THAN THREE MINUTES.
COMMENTS MAY BE GENERAL IN NATURE OR MAY ADDRESS A SPECIFIC AGENDA ITEM AND SHOULD BE DIRECTED AT THE ENTIRE COUNCIL.
NOT INDIVIDUAL MEMBERS OF COUNCIL OR STAFF.
ANY SPEAKER MAKING PERSONAL ATTACKS OR USING VULGAR OR PROFANE LANGUAGE SHALL FORFEIT HIS OR HER REMAINING TIME AND SHALL BE SEATED IN COMPLIANCE WITH TEXAS OPEN MEETINGS ACT.
THE CITY COUNCIL MAY NOT DELIBERATE.
UH, NUMBER ONE IS DI MR. DAVID LEHMAN.
GOOD EVENING CITY COUNCIL, UH, TALK TO YOU ABOUT THESE FIREWORKS THAT EVERYBODY'S WANTING TO TALK ABOUT.
UH, I'VE BEEN LIVING IN THIS TOWN FOR QUITE A WHILE, UH, BORN IN SAN ANTONIO ON AN AIR FORCE BASE, AND I GOT HERE AS FAST AS I COULD.
UH, HERE'S HOW, HERE, HERE'S, HERE'S WHAT, WHAT EVERYBODY NEEDS TO UNDERSTAND.
NOBODY NEEDS TO BE POPPING ANYTHING AFTER ONE O'CLOCK IN THE MORNING UNLESS IT'S YOUR SPOUSE.
SO YOU OR YOUR NA OR YOUR, OR YOUR BETTER HALF POPPING HER ON THE HEAD OR POPPING HIM ON THE HEAD.
THAT'S WHAT WE NEED TO BE DOING.
ANYTHING AFTER ONE O'CLOCK DOESN'T NEED TO BE D BE DONE IN THE CITY OF DICKINSON.
AND IF WE GOT A POLICE ISSUE WITH NOT HAVING ENOUGH MEMBERS OF THE POLICE FORCE TO, TO HOLD UP OUR LAW, WE OUGHT TO, WE OUGHT TO GET US A COUPLE MORE POLICEMEN OUTTA THAT BUILDING OVER THERE AND THEY CAN WORK A, A NIGHT SHIFT TWICE, THREE TIMES A YEAR AND MAKE SURE WE GOT LAWS, LAWS, SOCIETY NEEDS LAWS.
WE HAVE TO HAVE, UH, YOU KNOW, ON A RACETRACK, YOU GOT, UH, YOU GOT LANES ON THE RACETRACK, AND THEN IF YOU GO OFF THE RACETRACK, WELL, WHAT HAPPENS? YOU SPIN OUT.
THAT'S WHAT NEEDS TO HAPPEN WITH THIS FIREWORK ORDINANCE.
I'M NOT AGAINST THE FIREWORKS BEING POPPED, I'M NOT AGAINST THE SALES TAX, UH, YOU KNOW, BEING CREATED FOR THE, FOR THE CITY.
WE NEED HELP KROGER SHUT DOWN.
WE NEED ALL THE HELP WE CAN GET, BUT LET'S USE SOME COMMON SENSE.
IT SHOULDN'T BE A 3 34 O'CLOCK IN THE MORNING FIREWORK ACTIVITY IN THE CITY OF DICKINSON.
AND NUMBER TWO IS MR. JOE WILBURN.
JOE WILBURN LIVE RIGHT HERE IN DICKINSON.
LIKE TO TALK TO Y'ALL A LITTLE BIT ABOUT WHAT I'VE BEEN SAYING A LOT ABOUT ONLINE IS THE EDC AND I WOULD JUST WANT TO KEEP IT FRESH IN YOUR MIND THAT, UH, WENT, WENT TO AN EDC MEETING AND WATCHED, UH, THE MEETING TAKE PLACE.
AND WE HAVE AN EDC DIRECTOR THAT WE'RE PAYING A LOT OF MONEY TO.
BACK WHEN I WAS ON EDC WAS PAYING 150,000, A LITTLE MORE PROBABLY FOR AN EDC DIRECTOR.
AND THAT EC DIRECTOR HAD 14 BOSSES.
THE THE OTHER BOARD WAS SEVEN.
AND, UH, WE DIDN'T GET REALLY A LOT OUT OF OUR, OUT OF THE MONEY THAT WE WERE SPENDING BECAUSE THE 14 PEOPLE THAT WERE IN CHARGE WERE PULLING IN, IN 14 DIFFERENT DIRECTIONS TIMES 10 FRIENDS EACH TO GET SOMETHING THAT THEY WANTED.
AND AS I WATCHED THE MEETING THE OTHER DAY, UH, HE WAS TRYING TO GET A FEW WORDS IN AND HE WASN'T, HE WASN'T ABLE TO TO SAY MUCH.
AND, AND, UH, I KNOW THERE'S PEOPLE UP HERE THAT HAVE PASSION.
UH, COUNCILMAN SCHICK HAS PASSION OF KEEPING THE EDC AND, AND HE SEES BENEFIT FROM IT.
BUT YOU CAN STILL KEEP THAT EDC DIRECTOR AND HAVE HIM WORKING UNDER THE COUNCIL.
UH, A COUPLE OF CITY CITIES, CROCKETT JUST DID IT AND, AND NAVASOTA DID IT.
AND THEY HAVE AN EDC DIRECTOR THAT WORKS STRAIGHT FOR COUNCIL, AND THEN HE ONLY HAS SEVEN BOSSES, REALLY.
ONE CHASE WOULD PROBABLY BE THE ONE OVERSEEING IT, AND HE'D HAVE POWER TO DO THE THINGS HE WANTED TO DO.
WE WOULDN'T LOSE ANY TAX MONEY AND WE WOULDN'T HAVE THE TOTAL AND UTTER CHAOS THAT WE HAVE RIGHT NOW WITH THE WAY THE WORKINGS OF THE EDC STANDS.
WE HAVE UNFINISHED PROJECTS FROM YEARS, YEARS BACK.
AND, UH, WE ALSO HAVE A PROBLEM WITH THE DMD, UH, COUNCILMAN HERE.
IT WAS APPOINTED BY A PREVIOUS, UH, PREVIOUS MAYOR.
AND NOW THE PREVIOUS MAYOR'S WIFE SITS AS A CHAIR OF THE COLLEGE OF THE MAINLAND.
I SEE THAT WE HAVE ON THE AGENDA FOR A DMD MEETING TO GIVE THE COLLEGE OF THE MAN AND ANOTHER $300,000.
I WONDER HOW THAT VOTE WILL GO WHEN THE MAN THAT RETAINS A SEAT WHO LIVES OUTTA TOWN, UH, IS, IS IN CHARGE OF THE CHECKBOOK.
UH, IT MAY SOUND OKAY TO Y'ALL.
IT, IT'S, IT SOUNDED OKAY FOR SOME OTHER PROJECTS IN THE PAST.
WE'VE PAID, WE'VE PAID FOR THINGS BECAUSE OF FRIENDSHIPS BEFORE.
BUT, UH, JUST WANTED TO LET Y'ALL KNOW THERE'S A LOT, THERE'S A LOT GOING ON, A LOT OF MONEY MOVING AROUND THAT, UH, WE'RE NOT GETTING ANYTHING FOR OR NOTHING.
[00:05:01]
AND THE, AND THE TAXPAYERS ARE SITTING HERE WITHOUT PAVED STREETS AND STILL WITHOUT DRAINAGE.[3.A Discussion regarding an Ordinance of the City of Dickinson, Texas, to amend Chapter 7, Fire Prevention and Protection, of the City of Dickinson Code of Ordinances, by amending Section 7-60, entitled “Sale, use and possession of fireworks”; providing a severability clause, a repealer clause, and an effective date.]
ACTION ITEMS FOR CONSIDERATION.THREE, A DISCUSSION REGARDING AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS TO AMEND CHAPTER SEVEN, FIRE PREVENTION AND PROTECTION OF THE CITY OF DICKINSON.
CODE OF ORDINANCE BY AMENDING SECTION SEVEN DASH SIX ZERO ENTITLED, SALE USE AND POSSESSION OF FIREWORKS, PROVIDING A SEVERE ABILITY CLAUSE, A REPEAL CLAUSE, AND AN EFFECTIVE DATE.
ALRIGHT, WHO WANTS TO START THE, UH, IT'S A MOTION FOR APPROVAL REQUIRED FOR DISCUSSION.
NO, THIS IS JUST A DISCUSSION.
SO THIS IS, WE DON'T NEED ANY MOTION.
UH, SO THE, I THINK NAM, YOU PROVIDED TO OR THREE DOCUMENTS FOR US.
SO WHAT ARE THESE DIFFERENT OPTIONS THAT YOU CAME UP WITH? OR HOW, HOW DOES THIS, WHO WANTS TO START THIS? UH, WELL LAY THE, THE FOUNDATION.
IN THE COUNCIL'S MATERIALS ARE TWO VERSIONS OF, UH, AN AMENDMENT TO THE CURRENT, UH, FIREWORKS ORDINANCE, WHICH, UH, AS THE COUNCIL KNOWS CURRENTLY CONTAINS A BAN AGAINST POSSESSION USE AND SALES OF FIREWORKS.
SO I PREPARED THE TWO DIFFERENT VERSIONS AT THE DIRECTION OF TWO DIFFERENT MEMBERS OF COUNCIL.
AND SO ONE VERSION, UH, KIND OF SPEAKING BROADLY, UH, WOULD OPEN UP A WINDOW FOR USE AT THE JULY 4TH AND NEW YEAR'S HOLIDAYS, UH, FOR POSSESSION AND USE, MEANING SETTING 'EM OFF.
UH, AND THEN THE OTHER VERSION, UH, OPENS IT UP FOR SALES AS WELL.
BUT ACTUALLY THE WINDOW FOR USE IS SMALLER.
WHY DO THEY, UH, SIR, THE ONE THAT THE WORDING ON THE SALE, MAKE SURE WE HIT THE MIC.
SO WHERE EVERYBODY CAN BE RECORDED.
SO WHY, WHY DOES THE WORDING HAVE TO BE DIFFERENT ON THE USE WHEN, UH, ONE, ONE, UH, VERSION JUST HAS STIPULATIONS ON THE SALE? WHY, WHY THE DIFFERENCE ON THE DATES FOR THE USE BETWEEN THE TWO VERSIONS? WAS THERE A RATIONALE FOR THAT? UH, YES, SIR.
BECAUSE THAT WAS THE, UH, THE REQUESTER THAT WANTED THAT PARTICULAR VERSION DRAFTED, WANTED THAT DIFFERENCE.
SO THESE WERE TWO DIFFERENT YEAH.
OPTIONS THAT WERE PROVIDED BY TWO DIFFERENT PEOPLE, IS WHAT I'M SAYING.
BUT, BUT I, BUT I UNDERSTAND THE QUESTION WHEN, SAY TWO PEOPLE WE'RE TALKING PEOPLE IN THIS COUNCIL, I'M ASSUMING YEAH, IN THE SAME VERSION, IN THE SAME OPTION THAT WE'RE TALKING ABOUT.
UH, THERE WERE ACTUALLY TWO WINDOWS OPEN UP ONE WINDOW THAT WAS LARGER FOR SALES AND IN POSSESSION, YOU KNOW, SO YOU CAN BUY IT AND HAVE IT AHEAD OF TIME.
UH, AND THEN, BUT THE ALLOWANCE FOR POPPING THEM OFF WOULD ONLY BE FOR A COUPLE OF DAYS.
SO THAT, THAT WAS THE, UH, DIRECTION GIVEN.
AND TO GIVE EVERYONE A BIT OF A BACKSTORY AS WELL, THIS ALL STARTED BECAUSE THERE WAS A NON-BINDING REFERENDUM.
AM I SAYING THAT RIGHT? RIGHT.
THAT, UH, WAS PUT ON THE LAST, UH, UM, OR TWO ELECTIONS AGO, UM, ASKING IF WE WANTED TO BASICALLY GET RID OF THE FIREWORK BAN, CORRECT? UH, YES, SIR.
IT WAS ON THE NOVEMBER 24 BALLOT, AND THE NON-BINDING REFERENDUM WAS ACTUALLY FOR A COMPLETE REPEAL, COMPLETE REPEAL OF THE CITY'S ORDINANCE, WHICH MEANS WIDE OPEN AS IF WE'RE OUT IN THE COUNTY.
DOES ANYONE HAVE ANY DISCUSSION POINTS, ANY QUESTIONS, COMMENTS, CONCERNS ABOUT EITHER ONE OF THESE, UH, OPTIONS? THE, UM, YEAH, I'LL, I'LL START.
I WAS THE ONE THAT WENT TO, UH, THE CITY ATTORNEY AND SAT DOWN WITH HIM TO, AND KIND OF DEVISED WHAT I WOULD LIKE TO SEE, UM, AFTER THE VOTE.
UH, I'VE BEEN, UH, CONTACTED BY A LOT OF DIFFERENT CITIZENS SAYING, HEY, WE VOTED FOR FIREWORKS AND IT WON BY A PRETTY HEALTHY MARGIN, AND WE WANT Y'ALL TO FINALLY DO SOMETHING.
UM, I BELIEVE THAT YOU OUGHT TO BE ABLE TO POP FIREWORKS UNDER A LIMITED TIME PERIOD, BUT I ALSO BELIEVE THAT THE CITY OF DICKINSON SHOULD BE ABLE TO TAKE ADVANTAGE OF ANY SALES TAX AND PERMIT FEES FOR THE SALE OF FIREWORKS.
IT'S A SHAME THAT MERELY LIVING
[00:10:01]
ACROSS THE STREET LIKE DET ROAD, ALL OF THAT SALES TAX REVENUE GOES TO THE COUNTY AND NOT TO DICKINSON.UH, I CAN ASSURE YOU THAT MOST OF THE PEOPLE THAT ARE BUYING FROM THAT FIREWORK STAND LIVE INSIDE THE CITY LIMITS OF DICKINSON.
UH, WE FOLLOWED BASICALLY THE STATE GUIDELINES FOR SHOOTING, UH, FIREWORKS OFF THE ONE THAT GALVESTON COUNTY HAS ADOPTED.
UH, THE, THE ONLY DIFFERENCE THAT I CAN SEE IS THAT, UH, WE'VE ASKED THAT THE, UH, PEOPLE PURCHASING THE FIREWORKS, YOU HAVE TO BE 16 YEARS OLD TO PURCHASE FIREWORKS, THAT YOU MUST BE AT LEAST 16 YEARS OLD TO, UH, USE FIREWORKS.
UH, ALL THE, YOU MUST CLEAN UP AFTER YOURSELVES, UH, NOT TO BE UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES AND OBEY ALL THE STATE LAWS GOVERNING THE DISCHARGE OF FIREWORKS.
UH, I HAD ASKED THAT IT BE LIMITED TO 9:00 AM ON THE FOURTH AND END AT 1:00 AM ON THE FIFTH AND START AT 9:00 AM ON DECEMBER 31ST AND END AT 1:00 AM ON JANUARY 1ST.
BUT THE SALE OF THE FIREWORKS SHOULD BE FOR SEVEN DAYS PRIOR TO THE EVENT.
WE HAVE, UH, WORDING IN HERE ABOUT SETTING UP, UH, FIREWORK STAND AT THE MAXIMUM THEY CAN BE ON THE GROUND IS 30 DAYS PER EVENT.
SO THEY'RE NOT GOING TO SIT LIKE DEETS ROAD FIREWORK STANDS THAT STAY THERE YEAR ROUND.
UH, I MEAN, WE LIVE IN DICKINSON.
WE OUGHT TO HAVE THE FREEDOM TO DO WHAT THE PEOPLE THAT LIVE ACROSS THE STREET ARE ALLOWED TO DO BY STATE LAW.
AND THAT'S WHY I'M FOR THE USE AND THE SALE OF FIREWORKS IN DICKINSON.
I AGREE WITH THE FREEDOM CONCEPT.
I DISAGREE WITH THE RESTRICTED DATES ON THE LONGER VERSION.
I DON'T, I DON'T KNOW HOW TO DIFFERENTIATE THE TWO OTHER THAN CALL 'EM THE ONE, THE LONGER VERSION THAT HAS STIPULATIONS ON THE POSSESSION, STORAGE, AND SALE VERSUS THE OTHER ONE.
AND PRETTY MUCH JUST HAS CONDITIONS FOR DISCHARGE.
I, I THINK IF WE'RE GONNA BE FREE, AND WE ALSO HAVE TO REALIZE WE LIVE IN A TOWN THAT THERE'S SHIFT WORKERS HERE.
OUR JULY 4TH MAY NOT BE EVERYONE'S JULY 4TH.
SO I, I THINK HAVING A REASONABLE WINDOW AND HAVING A REASONABLE HOUR THAT WE ARE DONE AT NIGHT AND HAVE THAT MM-HMM
ENFORCEABLE, THAT MAKES MORE SENSE THAN HAVING A 24 HOUR WINDOW LESS THAN THAT.
ACTUALLY, IF WE WANNA BE FREE, LET'S BE FREE AND LET'S PUT A DIFFERENT BOX ON THAT.
BUT I DON'T AGREE WITH THE DATES ON, ON THE LONGER VERSION.
GOT A QUICK QUESTION, UM, OUTTA CURIOSITY, WHEN THIS WAS PUT ON THE BALLOT, 'CAUSE I DON'T THINK I WAS AT THAT MEETING WHEN WE DECIDED TO PUT IT ON THE BALLOT.
WHY DID WE GO NON-BINDING VERSUS BINDING? DO, DOES ANYBODY REMEMBER? YES.
I THINK JUST TO GET INTEREST FROM THE PUBLIC, IT WAS A, IT WAS PUT ON AS A NON-BINDING, AND I DIDN'T PUT IT ON THERE
THE PROBLEM WITH THE BI, THE, THE, THE PROBLEM WITH THAT WAS THEY ASKED, IT WAS ASKED FOR A SIMPLE YES OR NO.
WHILE WE WERE GIVEN, WERE THREE DIFFERENT OPTIONS TO PUT ON THE DEAL.
SO THEY PICKED THE LEAST OF THE WORST TO PUT ON THERE IF YOU WANT TO DO THAT.
SO IN MY OPINION, NONE OF 'EM WERE REAL GOOD, BUT THEY PICKED THE ONE THAT GOT THEIR POINT ACROSS.
SO YOU GOT PEOPLE THAT CAME BACK LATER ON AND SAID, UH, THEY VOTED FOR FIREWORKS WHEN THEY THOUGHT THEY WERE VOTING AGAINST FIREWORKS.
YOU HAD SOME THAT VOTED AGAINST FIREWORKS WHEN THEY THOUGHT THEY WERE VOTING FOR FIREWORKS, BUT THAT WAS THE WAY IT WAS WORDED AND THAT'S THE WAY IT WAS PUT ON THE BALLOT.
DID THAT ANSWER YOUR QUESTION? YEAH, THAT'S HELPFUL.
CAN I MAKE A RECOMMENDATION FOR, UH, SALE, UM, STATE LAW SAYS THAT, UM, FOR THE JULY 4TH HOLIDAY, SALES CAN START ON JUNE 24TH.
AND SO MY RECOMMENDATION IS TO KILL THE JUNE 25TH.
I DON'T KNOW EXACTLY WHICH, CALL IT THE SHORT VERSION.
AND THEN, UH, FOR THE NEW YEAR'S HOLIDAYS, SALES CAN BY STATE LAW START ON THE 20TH RATHER THAN THE 23RD.
SO MY RECOMMENDATION IS TO JUST BE COMPLIANT AND COINCIDE WITH STATE LAW.
[00:15:04]
OUT OF CURIOSITY, ALL THESE TWO VERSIONS THAT WE HAVE, WHY DOES ONLY ONE HAVE CONDITIONS APPLICABLE? POSSESSION, STORAGE FOR SALE, OFFERING FOR SALE AND SELLING, AND THE OTHER ONE FAILS TO MENTION THAT AT ALL? WOULD THAT BE A SEPARATE ORDINANCE OR SOMEHOW, OR SOMEHOW.SO THAT ORDINANCE IS TO BE COMBINED.
THAT ORDINANCE IS SO THAT WE'RE ONLY ALLOWING THE, UH, POSSESSION AND USE OF FIREWORKS.
YOU CANNOT SELL IN THE CITY OF DICKINSON.
BUT THIS ONE IS ATTACHED TO THIS AS, AND NONE OF THESE ARE THREE.
WE CAN, THIS WHOLE MEETING, WE CAN ADJUST THIS HOWEVER WE WANT.
THAT'S WHAT I WANTED TO BE SURE.
WE CAN ADJUST AND AMEND HOWEVER WE DEEM FIT.
THAT'S WHY WE'RE HAVING THIS MEETING BEFORE THE ACTUAL COUNCIL MEETING.
SO WE CAN ACTUALLY COME TO A CONCLUSION.
UM, MY QUESTION ABOUT, OR I GUESS IDEA OR CONCEPT IS, OR WHY I'M, I AM, I COULD CARE LESS IF PEOPLE POP FIREWORKS BECAUSE, UH, WHO AM I TO TELL YOU WHAT YOU CAN AND CAN'T DO? RIGHT.
UM, THAT'S MY OWN PERSONAL BELIEF.
I DON'T LIKE FIREWORKS MYSELF, UH, FOR MY OWN PERSONAL REASONS.
UM, HOWEVER, I DO HAVE A HARD TIME THINKING THAT WE SHOULD ALLOW THE SALE OF FIREWORKS, MAINLY BECAUSE OF THE, UM, THE NATURE OF THE BUSINESS BEING VERY TEMPORARY.
WHERE, WHAT LAND ARE WE GOING TO DESIGNATE THAT HAS THE ZONING REQUIREMENTS OR ALLOWED ZONING ALLOWANCE? RIGHT? WE DON'T HAVE AN ORDINANCE THAT ALLOWS FOR CONEX BOXES TO BE IN OUR CITY THAT I KNOW OF.
SO WE DON'T HAVE AN ORDINANCE THAT'S GONNA ALLOW THOSE TEMPORARY BUILDINGS.
UM, I I, I MET WITH A, A CITIZEN AND THEY EXPLAINED TO ME AN OPPORTUNITY FOR A FIREWORKS STORE THAT A MASSIVE WAREHOUSE.
I HAVE A VERY HARD TIME PUTTING, WE HAVE VERY LIMITED RESOURCES IN DICKINSON.
THE COUNTY DOES NOT HAVE LIMITED RESOURCES WHEN WE TALK ABOUT RAISING MONEY.
UM, WE HAVE TO BE VERY CAREFUL ON THE TYPES OF BUSINESSES WE TRY TO ATTRACT HERE.
UM, OR WANNA DO BUSINESS HERE BECAUSE IT COMES WITH OTHER STIPULATIONS.
WHAT I MEAN BY THAT IS MY COMPANY IS A FORTUNE 500 COMPANY AND HAS STIPULATIONS ON WHO THEY'LL RENT NEXT TO.
SO FOR INSTANCE, IF YOU ARE AN EDWARD JONES FIRM OR EDWARD JONES OFFICE, YOU CAN'T RENT NEXT TO CERTAIN TYPES OF BUSINESSES TO REDUCE LIABILITY.
THAT'S ONE PROBLEM WE MIGHT RUN INTO IF WE ALLOW PEOPLE POPPING FIRE OR NOT POPPING, BUT STORING AND SELLING FIREWORKS RIGHT NEXT TO OTHER BUSINESSES BECAUSE WE DON'T HAVE A, A POLICY THAT ALLOWS FOR TEMPORARY BUILDINGS.
SO IF YOU PUT 'EM IN STRIP CENTERS, WHO'S LIABLE FOR BURNING THAT THING DOWN? SO, YEAH.
AND WHEN YOU ONLY HAVE, REALISTICALLY, WHEN YOU ONLY HAVE A TWO WEEK WINDOW OF SALE, WHO'S GONNA PUT THAT IN A BRICK AND MORTAR? NO ATTRACTIVE SPACE.
WELL, SO TO ANSWER THAT ONE DID ON HIGHWAY THREE.
IT WAS IN THE COUNTY, BUT THEN THEY GOT ANNEXED.
SO THEY, THEY ALLOWED THEM, I THINK TO FINISH OUT THAT ONE YEAR.
AND THEN THE BUILDING, I THINK IT WAS RENTED OUT, BUT FOR WHAT IT WAS BUILT FOR, ONCE THEY WERE ANNEXED, THAT WAS OUT OF THE DEAL.
THEY DID BUILD A, A, A SHOP OUT THERE ON HIGHWAY THREE.
AND JUST FOR THAT, FOR THAT REASON.
THE OTHER QUESTION I HAVE, AND THIS IS, I'M LITERALLY, I'M REALLY TRYING TO LEARN 'CAUSE I DON'T UNDERSTAND THE FIREWORK BUSINESS, LIKE SOME PEOPLE MIGHT, UM, IS HOW MANY OF THOSE BUSINESSES DO IT IN THE COUNTY BECAUSE THEY WANT TO BE IN THE COUNTY OR BECAUSE THEY'RE TRYING TO AVOID A SALES TAX THAT WE CAN IMPOSE THAT THE COUNTY CANNOT.
SO WELL, IF IF WE DON'T EVEN HAVE A SPOT FOR A CONEX, IT DOESN'T EVEN TO MOVE POINT.
THAT'S WHAT, THAT'S I'M, THAT, THAT'S THE WHOLE THING IS REALLY DOESN'T EVEN MATTER.
SO I THINK MOST OF 'EM WERE IN THE COUNTY BECAUSE ALL THE CITIES HAVE OUTLAWED THEM IN THEIR CITY LIMITS.
I DON'T CARE IF YOU POP FIRECRACKER OR NOT.
'CAUSE I SAID IT IN THE INITIAL DISCUSSIONS, THE, THE NON-BINDING REFERENDUMS AND ALL THAT.
I'VE BEEN A FIREMAN FOR 45 YEARS.
THE FIREMAN THEN TELLS ME, LEAVE THIS ALONE.
BUT THAT'S THE FIREMAN IN ME SPEAKING.
THE DAD PART OF ME SAYS I DON'T, AND THE GRANDDAD PART OF ME SAYS, I DON'T CARE MY GRANDKIDS AND THEN WANNA SPARK SPARKLERS, I'LL GO BUY ON SPARKLERS.
I DON'T DO IT, BUT I WOULD, IF IT WAS LEGAL LEAGUE CITY DID THIS AND THEY OPENED A WINDOW FROM SUNSET OR SUNSET TO 1:00 AM ON NEW YEAR'S DAY IN THE 4TH OF JULY IN THE SUMMERTIME, YOU ONLY GET TO POP FIRECRACKERS FOR ABOUT FOUR HOURS ON THE 4TH OF JULY.
'CAUSE SUNSET'S AROUND 8 30, 9 O'CLOCK NEW YEAR'S, YOU GET TO POP 'EM FOR SIX, SEVEN HOURS BECAUSE SUNSET'S 5 36 O'CLOCK IN THE AFTERNOON.
[00:20:01]
IF YOU REALLY WANT TO DO THIS, I DON'T THINK WE OUGHT TO BE STILL 'EM IN TOWN.JUST LET 'EM POP FIRECRACKERS FROM 6:00 PM TO 1:00 AM THAT GIVES 'EM SEVEN HOURS TO GET IT OUT OF THEIR SYSTEM AND BE DONE WITH IT.
I AM NOT OPPOSED TO WHEN SOMEBODY'S GETTING A PERMIT FOR THE SALE THAT YOU'RE OBVIOUSLY ALLOWING THEM TO GET A PERMIT FOR THE USE OF A STRUCTURE THAT THEY CAN BRING WITH THEM FOR THE PURPOSE OF SALE.
UM, AND OF COURSE IT WOULD COME IF THEY WANTED TO SET IT DOWN ON SOMEBODY'S PIECE OF GROUND, THEY WOULD HAVE TO SHOW YOU THAT THEY HAVE A LEASE OR AN AGREEMENT WITH THE PROPERTY OWNER TO ALLOW THEM TO, UH, TO DO THAT ACTIVITY.
IT'S NOT A PERMANENT SITUATION.
IT WOULD ALLOW SOME OF OUR LOCAL BUSINESSES TO LEASE OUT THEIR PARKING LOT FOR ADDITIONAL REVENUE.
KINDA LIKE THEY'RE DOING WITH, IS THERE A STRUCTURAL REQUIREMENT? LIKE WHY, WHY IS, AND I'M ASKING, UH, LEGITIMATELY, WHY, WHY IS EVERY FIREWORKS BUSINESS IN A CONEX? IS THERE SOME STIPULATION THAT HAS TO BE A SEMI-SOLID STRUCTURE? CAN IT, YOU KNOW, IS IT LEGAL TO BE IN A TENT? I WOULD ARGUE THAT THEY'RE NOT ALL THAT WAY.
SOME OF I'VE THEM ARE, IVE NEVER SEEN ONE IN A TENT, LIKE IN SOMEONE'S PARKING LOT.
I MEAN, I THINK THEY'RE, SO IS THAT LEGAL? YOU KNOW, I'M ASKING HONESTLY, YOU KNOW, IS THAT I THINK IT'S MORE OF A SECURITY ISSUE.
SECURITY CODE REQUIREMENTS AND, UH, THEFT PREVENTION.
SO THERE'S NOT A STATE REQUIREMENT FOR THAT KIND OF STRUCTURE OR ANYTHING LIKE THAT? NO.
AND I WOULD HAVE TO SAY THE MAJORITY OF THEM AROUND THIS AREA ARE WOOD STRUCTURES THAT THEY DRAG OUT OUT THERE.
THE ONES ON DEEP ROAD ARE WOOD STRUCTURES, I BELIEVE.
BUT REALLY IT'S FOR THE EASE OF PICKING THEM UP AND MOVING THEM.
THE CONEX BOX IS DESIGNED FOR THAT.
SO WHAT DISTRICT OR WHAT PART OF OUR UDC ARE WE GOING TO PUT THIS IN? ARE WE GONNA LET 'EM BE IN DOWNTOWN? ARE WE GONNA LET 'EM BE IN, UH, COMMERCIAL? ARE WE GONNA LET 'EM BE IN RESIDENTIAL? WE STILL HAVE TO UPDATE UDC TO FIT THESE TEMPORARY BUILDINGS WITHIN THE CITY OF DICKINSON.
SO WHETHER WE AGREE TO IT OR NOT, JUST LIKE YOU'RE NOT ALLOWED TO PUT A BOAT OUT IN YOUR YARD, YOU'RE NOT ALLOWED TO STORE A BOAT IN YOUR FRONT YARD.
UM, WHY ARE WE GONNA ALLOW BUSINESS OWNERS TO PUT TEMPORARY BUILDINGS IN THEIR FRONT YARD? THAT, THAT'S WHAT I'M GETTING AT IS, IS THERE IS ANOTHER PART TO THIS.
WHEN YOU TALK ABOUT TEMPORARY BUILDINGS THAT WE DON'T HAVE A CODE FOR.
SO, UM, IF WE WANT TO ESTABLISH A CODE THAT'S, THAT'S ONE THING, BUT WE DON'T HAVE ONE.
THE OTHER THING THAT I'M, I'M JUST MAKE SURE WE'RE CAREFUL OF IS IF WE'RE TRYING TO ATTRACT GROCERY STORES AND WE'RE TRYING TO ATTRACT CERTAIN TYPE OF RETAIL, MAKE SURE YOU KNOW THE REPERCUSSIONS.
IF WE DO HAVE THESE TYPES OF BUSINESSES HERE, I'M NOT SAYING THEY'RE BAD BUSINESSES.
UM, AND IS IT REALLY WORTH THE EXTRA FEW CENTS THAT WE MIGHT MAKE OFF OF THE PROPERTY, UH, SALES TAX? BECAUSE REALISTICALLY, HOW MUCH OF THIS IS BEING RUN THROUGH THE ACTUAL SYSTEM, UH, AND BEING REPORTED FOR SALES TAX? I WOULD LOVE TO SEE A, UM, BALANCE SHEET AND I COULD GET ON BOARD WITH THE SALES, BUT I HAVEN'T SEEN A BALANCE SHEET THAT SH THAT PROVIDES ME ANY OF THIS EVIDENCE THAT THIS IS REALLY GONNA BE A BENEFIT.
THE CITY OF DICKINSON FOR THE RISK WE'RE TAKING ON A GIVING UP THE PROPERTY.
WELL, IT'S A TEMPORARY, IT'S A TEMPORARY USE OF THE PROPERTY, JUST LIKE THE TEMPORARY FOOD TRUCKS WE HAVE SCATTERED ALL OVER TOWN THAT ARE NOT ALLOWED BY ANY CODE BUT HAVE SHOWED UP.
UH, THE ONE THAT, UH, I WAS PROPOSING IS THAT THE, UH, THEY HAVE TO HAVE A PERMIT.
I THINK WE HAD $150 FOR A PERMIT AND UM, THEY HAD TO BE A REGISTERED BUSINESS IN DICKINSON THAT THE POINT OF SALE HAD TO BE IN DICKINSON.
AND ANYTIME YOU USE A CREDIT CARD, WHICH MOST OF 'EM ARE PAID FOR BY CREDIT CARD NOW, IT WOULD AUTOMATICALLY SEND THE SALES TAX TO THE CITY OF DICKINSON.
SO LET ME UNDERSTAND THAT YOU'RE, UH, YOU'LL MAKE A STIPULATION OF SALE THAT NO CASH ALLOWED? NO, I'M JUST SAYING THAT, UH, THE COMPLAINT USED TO BE THAT THE FIREWORKS WERE AN ALL CASH BUSINESS.
MATTER OF FACT, VERY SMALL PERCENTAGE OF THEIR BUSINESS IS ACTUALLY CASH.
APPARENTLY NO ONE EVER CARRIES CASH ANYMORE.
UH, BUT WHENEVER IT'S RUN THROUGH A CREDIT CARD COMPANY, WE ARE MORE THAN LIKELY ABLE TO CAPTURE THAT SALES TAX.
[00:25:01]
CAPTURING 0% OF THE SALES TAX WHEN THEY'RE SOLD IN THE COUNTY.SO THEY CAN GET A USE SALES TAX CERTIFICATE FROM THE STATE COMPTROLLER'S OFFICE WITH A DICKINSON ADDRESS.
THEY WOULD COLLECT SALES TAX WITHIN THE CITY OF DICKINSON, WHICH WOULD IN TURN COME TO THE CITY.
I THINK CONCEPTUALLY I COULD GET ON BOARD WITH THAT, BUT I, I AGREE WITH TRAVIS THAT I THINK WE NEED TO DEFINE BEFORE WE ACTUALLY PUT THAT TO A VOTE.
I THINK WE NEED DEFINE SOME STANDARDS.
UM, I I, I CAN GET ON BOARD WITH THAT.
I THINK IF, YOU KNOW, IF WE, IF WE DESIGN A SYSTEM SOME CORE, YOU KNOW, SOME CODES THAT THESE HAVE TO BE KIND OF UP TO PAR AND THAT THERE'S SOME SORT OF TRACKING WITH THE INVENTORY AND SALES THAT, YOU KNOW, WE'RE ON BOARD WITH THAT, WITH THE UDCI, I THINK, UM, I CAN'T GET ON BOARD WITH THAT, BUT AS IT SITS RIGHT NOW, I THINK THERE'S SOME UNANSWERED PARTS THAT WOULD MAKE IT HARD TO ONE IN FOURS.
AND, AND I AGREE WITH TRAVIS THAT I THINK WE'RE TAKING ON A RISK THAT WE DON'T REALLY HAVE CONTROL OF AT LEAST THE WAY IT SITS RIGHT NOW.
BUT I I, I CAN GET ON BOARD WITH IT IF WE HAVE SOME OTHER PARAMETERS IN PLACE.
I THINK I, AND SO WHEN YOU TALK ABOUT, YOU KNOW, THE BIG BROTHER THING, RIGHT? I, I HONESTLY COULD CARE LESS ABOUT THE FIREWORKS SITUATION, YOU KNOW, IF WE APPROVE THE USE OF FIREWORKS, YOU ARE ALL ADULTS OR MOST PEOPLE YOU KNOW THAT WE'RE TALKING TO RIGHT NOW ARE MOSTLY ADULTS.
YOU'RE ALLOWED TO MAKE YOUR OWN DECISIONS.
UM, HOWEVER, AS A COUNSEL, I JUST WANNA REMIND EVERYONE, WE DO HAVE TO LOOK AT THE STAKEHOLDERS OF DICKINSON A K THE PROPERTY OWNERS.
UM, EVERYBODY THAT OWNS SOMETHING HERE IN THE CITY IS A STAKEHOLDER, NOT JUST A, A CITIZEN.
SO WHEN WE LOOK AT THAT, WE HAVE TO PROTECT, JUST LIKE HOAS TRY TO PROTECT CI OR, UH, CERTAIN PARTS, UH, OR NEIGHBORHOODS.
SOMETIMES THEY'RE USED THE WRONG WAY.
BUT, UM, WE DO HAVE TO MAKE SURE WE UNDERSTAND THAT WE ARE DIFFERENT THAN THE COUNTY.
THAT'S WHY, WHY BE A MUNICIPALITY? IF WE'RE JUST GOING TO ADOPT COUNTY RULES, WHY DON'T WE JUST ANNEX OURSELVES TO GALVESTON COUNTY AT THAT POINT? IF WE'RE NOT GONNA FOLLOW A CERTAIN CODE OF, OF RULES, UM, HOWEVER, FIREWORKS, LET'S JUST LET 'EM POP 'EM FOR WHATEVER THE STATE REQUIRES IT.
AND ONCE AGAIN, I'M, I WOULD, I WILL CONTINUE TO BLOCK OR TRY TO SAY NO TO THE SALE INSIDE OF THE CITY LIMITS.
UM, OBVIOUSLY I, ONCE AGAIN, MY PERSONAL BELIEFS, I'M NOT A FAN OF FIREWORKS.
I'M A HUNDRED PERCENT AGAINST IT, BUT I ALSO BELIEVE IN THE MAJORITY WINS.
SO, UM, I WOULD ABSOLUTELY ALLOW, YOU KNOW, BE WILLING TO VOTE FOR, UH, LED DO FOLLOWING STATE LEGISLATION FOR THIS, THE USE AND, UH, POSSESSION OF FIREWORKS.
THE, THE OTHER REASON I WAS KIND OF BACKTRACKING ON THE SALE AND USE AS WRITTEN ANYWAYS, IS THAT, YOU KNOW, OUR GOAL, A LOT OF THE REASON A LOT OF US SIGNED UP FOR THIS IS OUR, OUR GOAL IS TO ATTRACT BUSINESSES TO DICKINSON.
AND WE HAVE TO KIND OF THINK LONG TERM WHAT KIND OF BUSINESS WE'RE GONNA ATTRACT WITHOUT.
AND I, THE, THE HOA ANALOGY I THINK IS A, IS A GOOD ANALOGY THAT BEFORE WE JUST KIND OF OPEN THAT UP TO, YOU KNOW, FREE FOR ALL, IT NEEDS TO BE PRESENTABLE AND IT MEANS PRESENTABLE THAT SOMEONE RENTING A SPOT NEXT DOOR THAT MIGHT BE A RESTAURANT, A NEW FANCY RESTAURANT, WHATEVER IT MIGHT BE, THAT IT'S NOT GONNA BE OFFENSIVE TO THAT, YOU KNOW? 'CAUSE WE HAVE TWO WEEKS OUTTA THE YEAR THAT WE'RE GONNA DO SOMETHING AND WE HAVE 50 MORE WEEKS OUTTA THE YEAR TO, TO PAY FOR IT, BASICALLY.
SO, UM, SO I, I, I AT LEAST AGREE WITH THAT ANALOGY AND I, I THINK MAYBE WE NEED TO REVISIT THAT AFTER WE HAVE SOME OTHER FURTHER DISCUSSION ON WHAT THAT MIGHT LOOK LIKE.
UM, BUT YEAH, I TEND TO, I I'M OKAY WITH THE OTHER PORTIONS OF THAT AS WRITTEN.
UM, JUST FOR NOW, I THINK WE TABLE THE CONDITIONS FOR POSSESSION AND SALE.
MY PERSONAL OPINION, UH, CAN I MAKE ANOTHER RECOMMENDATION TO ACTUALLY USE, UH, TO DELETE THE WORD POSSESSION, UH, FOR AFTER THOSE DATES.
EVERYBODY USES ALL THE FIREWORKS THAT THEY MAY PURCHASE AT ANY TIME AND THEN IT'S NOT NECESSARY TO MAKE IT ILLEGAL TO HAVE THEM AFTER THEY'VE PURCHASED THEM.
YEAH, I, I, I AGREE WITH THAT.
AND IF I MAY REMEMBER, I HEARD THE TERM STAY LAW, AND I DON'T, I'M GOING OFF OF MEMORY AND IT'S BEEN A LONG TIME SINCE WE DISCUSSED THIS, BUT IF I REMEMBER CORRECTLY, STATE LAW ALLOWS 'EM TO SELL 'EM FOR 10 DAYS PRIOR TO WHATEVER THE HOLIDAY IS.
STATE LAW ALSO ALLOWS YOU TO DO IT SIX TIMES A YEAR NOW INSTEAD OF TWO.
[00:30:01]
THERE HAVE BEEN HOLIDAYS ADDED TO IT THAT THEY ALLOW, THEY ALLOW, UH, FIREWORKS TO BE POPPED IN THE STATE OF TEXAS.SO I DON'T THINK KEVIN WERE REFERRING TO THOSE THOUGH.
HUH? I DON'T THINK KEVIN WAS REFERRING TO THOSE.
YEAH, BUT I KNOW COUNTY COMMISSIONERS ACTUALLY HAVE TO, TO SOME WORK TO ACCEPT THOSE OTHER DATES BEYOND JULY 4TH AND NINE.
THE COMMENT WAS MADE THAT TO FOLLOW STATE LAW, ALTHOUGH THAT'S FINE.
HE WAS SPECIFICALLY REFERRING TO JULY 4TH.
AND I I, HE WAS TALKING ABOUT MY COMMENT MAYBE 'CAUSE I I SAID STATE LAW, SO YEAH, WE NEED TO, I THOUGHT KEVIN IS THE ONE THAT BROUGHT THAT UP.
I THINK WE BOTH, WE BOTH WHEN YOU, WHEN YOU CAN ACTUALLY FIRE THEM OR SELL THEM ACCORDING TO STATE LAW.
YEAH, THAT'S WHAT I WAS TALKING ABOUT.
BUT NOW WE'RE TALKING ABOUT TAKING THE SALE WITHIN THE CITY OUT OF THE EQUATION.
AND SO NOW YOU'RE ONLY DEALING WITH USE AND SO THE USE TIMELINE IS SPECIFIED.
SO POSSESS, IT'D BE POSSESSED AND DISCHARGE WOULD BE THE ONLY TWO TERMINOLOGIES THAT WOULD NEED TO CHANGE THERE, RIGHT? YES.
NOW TIMELINE WISE, I DON'T, LIKE I SAID, I'M KIND OF OUT OF THE FIGHT ON THE TIMELINE.
I DON'T REALLY CARE EITHER WAY.
UH, I, LIKE I SAID, MY BIG THING IS, YOU KNOW, IF WE WANNA ALLOW THE CITIZENS TO POP FIREWORKS, LET'S DO IT.
BUT LET'S DO IT SOME AS, AS INTELLIGENTLY AS POSSIBLE.
UM, THERE IS A REASON WHY PEOPLE CHOSE TO LIVE IN THE CITY OF DICKINSON AND THE REASON WHY THEY CHOSE NOT TO LIVE IN THE COUNTY, UH, EVERYONE KNOWS WHY YOU LIVE IN THE UN UNINCORPORATED AREAS, UH, IS BECAUSE YOU WANT LACK OF OVERSIGHT, LACK OF CITY GOVERNMENT.
JUST LIKE WHY YOU LIVE OUTSIDE OF A A A NEIGHBORHOOD IS BECAUSE YOU DON'T WANT HOAS.
SO, UM, BUT I JUST WANNA MAKE SURE THAT 45% THAT SAID NO ARE ALSO HEARD.
HOWEVER, LIKE I SAID, MAJORITY, MAJORITY RULES.
UM, BUT WE STILL HAD 45% THAT SAID THEY DO NOT WANT FIREWORKS.
I THINK THE TIME FOR TERMINATION IS REASONABLE AS WRITTEN AS WELL AT, YOU KNOW, 1159.
WELL IT SAID POSSESSION AND DISCHARGE.
SO YOU'RE SAYING JUST TAKING THAT TIMELINE FOR THE NO, I THINK I WAS JUST SAYING I THINK AT LEAST THE END TIME FOR, YOU KNOW, WELL WE WANT TO, WE WANNA ELIMINATE THE WORD POSSESSION, BUT I THINK AS FAR AS DISCHARGE, YOU KNOW, MIDNIGHT ON JULY 4TH IS REASONABLE.
I'M OKAY WITH AGREE WITH THAT.
AND ONE O'CLOCK ON NEW YEAR'S.
AM UH, MAYOR, WE PROBABLY NEED TO CLOSE THIS AND START OUR REGULAR MEETING.
SO, SO LET ME ASK THIS QUESTION BEFORE WE CLOSE IT.
WHICH ONE OF THESE ARE Y'ALL GONNA TRY TO DOCTOR UP? THE ONE THAT DOESN'T ALLOW SU THEM IN TOWN OR THE ONE THAT DOES THE SHORT VERSION? THE, THIS, THE, WELL THAT'S THE SHORT VERSION.
THAT'S WHAT YOU GOT RIGHT NOW.
THE ONE THAT HAS THE TIMELINE OF 1159 AND 1159.
YEAH, THIS ONE HAS 1:00 AM YEAH, SO THE 11 59 1 IS I THINK THE ONE THAT EXACTLY, YEAH.
AND THEN, UH, AND THEN WE'LL JUST HAVE TO ADJUST THE DATES TO THE STATE LAW.
I THINK, YOU KNOW, IF WE'RE IN AGREEMENT WITH THAT.
ALL RIGHT, WELL THEN WE'LL GO AHEAD AND, UH, I GUESS ADJOURN THIS MEETING.