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[1. CALL TO ORDER AND CERTIFICATION OF A QUORUM]
AHEAD AND CALL THE, UH, REGULAR, UH, UH, COUNCIL MEETING TO ORDER.AND, UH, LET'S GO AHEAD AND, UH, CERTIFY QUORUM, MAYOR TRAVIS MAGLIO HERE.
COUNCIL MEMBER JOHNNY SIMPSON.
PRESENT, COUNCIL MEMBER SEAN HOLT.
COUNCIL MEMBER SCOTT SCHRADER.
COUNCIL MEMBER BILL SCHICK HERE.
AND COUNCIL MEMBER KEVIN EDMONDS HERE.
AND, UH, NUMBER TWO, INVOCATION AND PLEDGE OF ALLEGIANCE.
COUNCIL MEMBER SIMPSON, COULD YOU LEAD US IN THE INVOCATION AND, UH, COUNCIL MEMBER SCHICK, COULD YOU LEAD US IN THE PLEDGE OF ALLEGIANCE? LET US PRAY.
OH, LORD, OUR GOD, HOW EXCELLENT IS YOUR NAME? UH, EVERY GOOD AND PERFECT GIFT THAT COMES FROM ABOVE.
WE THANK YOU FOR YOU ARE THE ONE WHO WAS AND IS, AND IS TO COME.
WE GIVE YOU THANKS FOR THIS OPPORTUNITY TO, TO GATHER.
UH, WE ASK YOUR BLESSING UPON THE MEETING UPON THE CITIZENS, UH, THIS CITY, THIS COUNTY, THIS STATE, THIS GREAT NATION.
AND UPON OUR ARMED SERVICES, UH, SERVICE MEMBERS ABROAD, KEEP US ALL UNDER YOUR PROTECTING CARE.
IF YOU'D JOIN ME TO THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG, A PLEASURE, ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
ALL RIGHT, THANK YOU, GENTLEMEN FOR THAT.
[3. ANNOUNCEMENTS AND PRESENTATIONS (Part 1 of 2)]
AND PRESENTATIONS.SO WE'RE GONNA GO AHEAD AND WE'LL, UH, START ON, WE'LL GO WITH, UH, COUNCIL MEMBER SIMPSON.
WE'LL START WITH YOU, AND WE WILL WORK OUR WAY FROM A RIGHT TO LEFT.
UH, WELCOME TO EVERYONE IN PERSON AND ONLINE.
ALRIGHT, COUNCIL MEMBER, UH, TOWNSEND.
THANK YOU EVERYBODY FOR COMING OUT TONIGHT.
UH, AGAIN, I'VE MENTIONED IT ALL, ALL YEAR SINCE THE UNION OF THE YEAR.
WE STILL HAVE SOME BOARD AND POSITIONS COMING UP THAT NEED TO BE PLACED FILLED.
SO IF YOU'RE INTERESTED IN SERVING ON ONE OF THE BOARDS, YOU CAN GO ONLINE AND FILL OUT THE APPLICATION FOR THAT.
ALL RIGHT, COUNCIL MEMBER SCHRADER.
UH, GLAD TO SEE THE FEW PEOPLE HERE THAT ARE, UH, WE DO HAVE A MANAGEMENT DISTRICT MEETING TONIGHT, UH, THURSDAY NIGHT THAT I THINK SOME OF YOU MIGHT HAVE SOME INTEREST IN.
UH, AND LIKE MARK SAID, UH, IF YOU WANT TO SIGN UP FOR A BOARD, PLEASE PUT YOUR APPLICATION IN.
THANKS EVERYBODY FOR SHOWING UP TONIGHT.
UH, MAY 28TH ATTENDED THE GLO MEETING, JUNE 4TH, UH, ATTENDED THE BAY TRAN DRAINAGE, UH, SEMINAR.
AND BASICALLY IT'S TAKING ALL THE AREAS AROUND GALVESTON COUNTY.
WE'RE ALL TALKING ABOUT DRAINAGE PROJECTS AND SEEING IF WE CAN GET SOME HELP FROM STATE AND FEDERAL GOVERNMENT, UH, ATTENDED AN UPDATE FOR THE HUGHES ROAD PROJECT, UH, ON THE DRAINAGE CANAL.
THEY'RE RIGHT ON SCHEDULE, AND THE TRAFFIC INTERRUPTION HAS BEEN MINIMAL ON THERE.
JUNE 6TH, UH, WE TOOK THE POLICE BOAT OUT AND I TOOK OUR CODE OFFICIALS AND WE TOURED THE BAYOU AND THEY TOOK INFORMATION DOWN.
UM, ATTENDED THE EDC MEETING ON JUNE 16TH.
ATTENDED THE, UH, COUNTY MEETING WITH, UH, ROBIN ARMSTRONG, COMMISSIONER ROBERT, ROBIN ARMSTRONG, AND COMMISSIONER HANK DOOGIE.
AND, UH, UH, COUNCILMAN TOWNSEND AND COUNCILMAN EDMONDS JOINED ME ON THAT.
UM, WE'VE GOT TO GET TO KNOW OUR COUNTY PEOPLE AGAIN IN A POSITIVE LIFE.
UM, THIS SATURDAY ATTENDED THE MI LEWIS FOOD DRIVE, AND AGAIN, THE DICKINSON VOLUNTEER FIRE DEPARTMENT GOT OUT THERE AND HELPED WITH TRAFFIC CONTROL.
WE REALLY APPRECIATE THEM, UH, TAKING CARE OF THAT.
THEY'VE POURED THE CONCRETE ON THE BOAT RAMP, UH, PARKING LOT.
THEY COMPLETED IT SOMETIME TODAY.
AND, UH, IT'S GONNA BE A WHILE.
THEY STILL HAVE TO POUR THE RAMP ITSELF, BUT IT'S GOOD THAT THEY'RE MAKING GREAT PROJECT ON IT.
AND LAST, UM, I'D LIKE TO REMIND EVERYBODY OF THE PASSING OF JUDGE KERRY NEVES.
HE'S A LONG TIME DICKINSON PERSON, COUNTY
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PERSON.HE SAT ON COUNCIL, HE WAS A, HE WAS A COUNTY JUDGE AND EVERYTHING.
WE WANT TO KEEP HIS FAMILY AND OUR PRAYERS.
I TOO WANTED TO OFFER MY CONDOLENCES TO THE NEVES FAMILY FOR THE LOSS OF, UH, JUDGE CAREY NEVES.
UM, I ALSO WANT TO, UH, GIVE SOME SPECIAL SHOUT OUTS TO, UM, CHASE CARE AND MATT MAG ANGELINO FOR GETTING THEIR GUYS TO GO ON A SATURDAY ON AN IMPROMPTU CALL TO REMOVE A TREE OUT FROM, UH, OAK.
AND, UM, I WAS ABLE TO CALL ON THEM AND THEY GOT SOMEBODY OUT FROM PUBLIC WORKS.
SO I REALLY, REALLY WANT TO THANK THE GUYS FROM PUBLIC WORKS FROM TAKING THE TIME AWAY FROM THEIR FAMILY ON THE WEEKEND TO GET THAT DONE.
AND I ALSO WANNA SHOUT OUT TO, UM, OUR CITY SECRETARY ALLEN OLIVER, WHO ON THURSDAY NIGHT, ON HIS DAY OFF AT NINE O'CLOCK AT NIGHT, WAS SENDING OUT AGENDA PACKAGES.
SO, UM, I REALLY DO APPRECIATE IT.
UM, I TWO MET WITH, UH, ROBIN ARMSTRONG AND HANK DOOGIE.
AND, UM, ALSO I WANTED TO LET YOU KNOW, GUYS KNOW THAT TODAY I'VE ATTENDED TRAINING WITH THE HGAC.
IT'S, UH, LEADING WITH PURPOSE.
AND, UM, WENT THROUGH A LOT OF, A LOT OF RULES, UM, A LOT OF PROCEDURES.
AND I WANT TO RECOMMEND THAT ANYBODY ON THIS DIET, UH, HAS THE OPPORTUNITY TO DO THAT TRAINING, TO TAKE IT, IT, IT WILL REALLY SHED A LOT OF LIGHT ON WHAT YOUR JOB AND YOUR FUNCTION IN THE, IN THE COURSE OF DUTY HERE ON THE DIOCESE.
ALRIGHT, SO I ONLY HAVE A COUPLE COMMENTS 'CAUSE EVERYBODY COVERED MOSTLY EVERYTHING.
SO, UH, ONE THING I WOULD LIKE TO SHOUT OUT IS, UH, DICKINSON'S OWN, UH, CADEN HENRY, UH, I WANNA CONGRATULATE HER.
SHE WAS PART OF THE NATIONAL CHAMPIONSHIP UT UH, SOFTBALL TEAM.
UM, WE JUST ACTUALLY, UH, HER FAMILY REACHED OUT AND WE WERE ABLE TO DO A NICE LITTLE, UH, COMING HOME IMPROMPT.
SO CHASE, UH, MR. CAREY, THANKS FOR HELPING WITH THAT AS WELL AS THE POLICE CHIEF AND EVERYONE ELSE THAT WAS INVOLVED.
UM, THE BIGGEST, UM, I GUESS ANNOUNCEMENT IS, UH, MYSELF, UH, MR. CAREY, MR. MS. BASAL, AND, UM, MR. MAGDALENO AS WELL AS COUNCIL MEMBER, MEMBER SCHICK.
WE MET WITH HANK DOOGIE AS WELL.
UM, AND ONE OF THE BIG THINGS WE GOT OUT OF THAT MEETING IS ONE, OUR RELATIONSHIP WITH THE COUNTY IS IMPROVING SIGNIFICANTLY.
UM, THEY APPRECIATED US JUST COMING AND TALKING TO HIM.
UM, BUT WITH THAT BEING SAID, I HAVE TO GIVE HANK DOOGIE A SHOUT OUT AS WELL.
UM, HE HELPED SECURE A, UH, WHOLE LOT OF FUNDING FOR THE CITY OF DICKINSON, WHICH WE'RE GOING TO GET, UH, ALMOST $10 MILLION WORTH OF GRANT FUNDING.
UM, AND THEY'LL, THEY'RE GONNA HELP PAY FOR IT BECAUSE OF, UH, THE EFFICIENCIES THAT WE'RE TRYING TO FIGURE OUT BETWEEN OUR COUNCIL MEMBERS AND THE COUNTY AND WORKING AS A PARTNERSHIP.
SO A LOT OF IT HAS TO DO WITH, UH, COUNCIL MEMBER TOWNSEND AND COUNCIL MEMBER SCHICK.
THEY'VE BEEN MEETING WITH HANK FOR EVERY MONTH FOR I DON'T KNOW HOW MANY.
SO THEY'RE SEEING THAT DICKINSON IS ON THE, ON THE PATHWAY OF, OF, OF REPAIR.
SO I JUST WANT TO SAY THANKS TO HANK.
UH, HE HAS DONE AN AMAZING JOB FOR DICKINSON, AND WE'RE ABOUT TO GET A TON OF MONEY PUT INTO THE CITY OF DICKINSON, AND WE DON'T HAVE TO PUT A DIME OUT.
UH, AND IT'S PARTLY BECAUSE OF A LOT OF THE WORK THAT THE COUNCIL MEMBERS HAVE DONE AS WELL AS, UH, UH, HANK DO HANK DOOGIE.
SO IF YOU SEE HIM, THANK HIM, UH, OTHER THAN THAT CITY MANAGER RICH GAP GOT, YES, SIR.
GOOD EVENING, MAYOR COUNCIL, CITIZENS OF OUR GREAT COMMUNITY.
I JUST HAVE A COUPLE OF ITEMS I WILL TOUCH BASE ON REAL QUICK, AND WE'LL KEEP THIS MEETING MOVING FORWARD.
UH, FIRST OF ALL, THE HUGHES ROAD PROJECT.
WE ARE, THAT'S OUR GENERAL LAND OFFICE, THE DRAINAGE PROJECT DOWN HUGHES ROAD NICHOLS.
WE'RE OPERATING UNDER BUDGET AND ON SCHEDULE.
WE ARE MAKING PROGRESS ON COMPLETING THE SECTION IN FRONT OF HUGHES ROAD ELEMENTARY DURING THE SUMMER, WHICH IS A PRIORITY FOR US AND THE SCHOOL DISTRICT, AND WE ARE ON SCHEDULE TO DO SO.
I'VE MADE THAT POINT VERY CLEAR TO EVERYONE THAT THAT IS A MUST.
UH, MAYOR, AT THE LAST MEETING, YOU DIRECTED ME TO KEEP THE UDC, THE UNITED UNIFIED DEVELOPMENT CODE IN MY UPDATES FOR THE TIME BEING.
SO, YOU KNOW, I, I LEFT THIS OUT OF MY PREVIOUS CITY MANAGER'S UPDATE.
IT WAS A LONG UPDATE AND I FORGOT.
SO, UH, I WILL ADMIT I MADE A MISTAKE IN WANTING TO CONVENE A COMMITTEE TO DISCUSS THE UDC TO RESOLVE SOME SPECIFIC ISSUES THAT I CONSTANTLY HEAR ABOUT WITHIN OUR COMMUNITY.
YOU KNOW, I APPRECIATE EVERYONE WHO WANTED TO SERVE ON THAT COMM ON THAT COMMITTEE, BUT SINCE SO MANY PEOPLE SIGNED UP, I DIDN'T WANNA LEAVE ANYONE OUT.
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SOME OF OUR COUNCIL MEMBERS, I WILL SEND A UDC BACK TO THE PLANNING AND ZONING COMMISSION, THE PNZ BOARD WITH RECOMMENDATIONS SO THEY CAN MAKE THE ADJUSTMENTS, THE AMENDMENTS, AND FINISH WHAT THEY STARTED.WE ALSO HAVE A BOND RATING MEETING WITH S AND P GLOBAL ON THE 7TH OF JULY.
WE ARE CURRENTLY PREPARING FOR THIS MEETING WITH OUR FINANCIAL ADVISORS TO ENSURE THAT OUR BOND RATING IS REINSTATED.
AND I WILL PROVIDE AN UPDATE AT THE NEXT REGULAR SCHEDULED COUNCIL MEETING IN JULY.
AND THEN THREE C CITY ATTORNEY TRAINING FOR CITY COUNCIL.
GOOD EVENING, MAYOR AND COUNCIL.
THANK YOU, UM, IN ADVANCE FOR ALLOWING ME THE OPPORTUNITY TO PROVIDE THIS TRAINING.
THIS IS SOMETHING I WOULD LIKE TO DO ON AN ANNUAL BASIS GOING FORWARD.
UH, IT IS A TRAINING THAT I'VE GIVEN, UH, AT THE PREVIOUS CITIES THAT I'VE, UH, REPRESENTED.
SO I'M GONNA HAVE THREE PARTS TO THIS MEETING.
UH, PART ONE, UM, IS GOING TO COVER JUST LIKE BASIC RULES REGARDING HOW THE MEETINGS ARE RUN.
UH, SO THESE MEETINGS ARE ACTUALLY RUN, UH, UNDER A SET OF RULES THAT WE KNOW AS ROBERT'S RULES OF ORDER.
UM, SECTION TWO DASH 30 ACTUALLY ADOPTS, UH, THE 10TH EDITION OF ROBERT'S RULES, UH, AS THE, UH, OFFICIAL EDITION OF PARLIAMENTARY PROCEDURES THAT THE CITY IS SUPPOSED TO, UH, FOLLOW, UH, AT, UH, COUNCILMAN SIX SUGGESTION.
UH, I, UH, HAD COPIES OF, UH, KIND OF SIMPLIFIED COPIES, UH, OF, OF ROBERT'S RULES THAT, UH, I PROCURED AND LEFT AT EACH OF, UH, YOUR SPACES.
SO THAT YOU, UH, HAVE A GUIDE, UH, YOU KNOW, TO, TO, TO GO ON.
UH, SECTION TWO DASH 31 DOES DESIGNATE THE CITY ATTORNEY AS THE PARLIAMENTARIAN, UH, TO, UH, ANSWER QUESTIONS, UH, FOR ROBERTS RULES AS THEY ARISE DURING THE MEETINGS.
AND IF FOR SOME REASON, THE CITY ATTORNEY IS NOT, UH, THERE AT THE MEETING, THEN THE, UH, THE CHAIR PRESIDING OVER THE MEETING, UH, WILL DECIDE THOSE QUESTIONS INSTEAD.
SO LET'S JUMP RIGHT TO, UH, THE BASICS.
SO OBVIOUSLY, IN ORDER TO, UH, TO HAVE A MEETING, YOU NEED A QUORUM.
AND THAT IS SET, UH, UNDER THE CITY'S CHARTER SECTION 3 0 8.
UM, A LITTLE INTERESTING IN THAT IT SETS THE QUORUM, UH, OF THE CITY COUNCIL, WHICH IS A BODY OF SEVEN.
IT ACTUALLY SETS THE QUORUM AT FIVE AND NOT FOUR.
TYPICALLY, YOU SEE THAT, UH, QUORUM IS JUST A SIMPLE MAJORITY OF THE ENTIRE MEMBERSHIP OF THE BODY.
BUT, UM, BUT THAT'S OUR RECIPE OF DOING IT, IS WE NEED FIVE IN ORDER TO HAVE A QUORUM.
AND YOU NEED A QUORUM IN ORDER TO HAVE A MEETING, AS WE'LL TALK ABOUT A LITTLE LATER WHEN WE TALK ABOUT TOMA.
SO, UH, AND OBVIOUSLY, IN ORDER TO HAVE THAT MEETING, NOT ONLY DO YOU ESTABLISH QUORUM AT THE BEGINNING OF THE MEETING, BUT YOU HAVE TO MAINTAIN A QUORUM DURING THE ENTIRETY OF THE MEETING.
SO, FOR EXAMPLE, IF YOU HAVE A MEETING WHERE IT IS JUST A BARE MINIMUM, FIVE, AND ONE OF THE MEMBERS OF COUNCIL NEEDS TO STEP UP, YOU KNOW, GET UP AND, YOU KNOW, GO USE THE FACILITIES, THEN YOU PAUSE THE MEETING UNTIL THAT PERSON COMES BACK.
YOU CANNOT CONTINUE ON, UH, WITH ONLY FOUR MEMBERS IN THE, UH, ROOM, YOU HAVE TO MAINTAIN QUORUM.
UH, SOMETHING TO, UH, NOTE IS THAT, UH, STATE LAW, TEXAS OPEN MEETINGS ACT DOES ALLOW FOR ATTENDANCE AND PARTICIPATION BY A MEMBER OF THE BODY VIA VIDEO CONFERENCE, UH, THAT IS ALLOWED.
UH, HOWEVER, FOR THAT TO, UH, TO TAKE PLACE, YOU HAVE TO HAVE, UH, TWO THINGS AT THE PHYSICAL MEETING LOCATION BEING HERE.
UH, FIRST YOU HAVE TO HAVE A QUORUM.
A FULL QUORUM HAS TO BE AT THE PHYSICAL MEETING LOCATION, AND THE PRESIDING OFFICER ALSO HAS TO BE PRESENT, UH, IN THE COUNCIL CHAMBERS.
AND THEN OTHER FOLKS CAN, YOU KNOW, VIDEO CONFERENCE IN, AND THEN, UH, BE COUNTED AS, UH, AT THE MEETING, UH, BE ABLE TO VOTE AND, AND ALL OF THAT.
THEY JUST CANNOT BE COUNTED TOWARDS THE CORN.
SO, THE CITY COUNCIL, AS, AS Y'ALL HAVE SEEN, UH, THE CITY COUNCIL CONDUCTS ITS BUSINESS, THE CITY'S BUSINESS, BY APPROVING OR ADOPTING A VARIETY OF, OF MEASURES.
AND SO WHAT I HAVE LISTED UP THERE IS ACTUALLY KIND OF A HIERARCHY.
SO, UM, I GUESS THE MOST FORMAL OF THE ACTIONS THAT THE CITY COUNCIL WOULD ADOPT IS GOING TO BE AN ORDINANCE.
UH, ORDINANCES, UH, WITH THE EXCEPTION OF EMERGENCY ORDINANCES, UH, REQUIRE THAT THEY BE READ AT TWO DIFFERENT MEETINGS.
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SO HENCE YOU, YOU SEE THE FIRST READING AND SECOND READING.SO AT EACH OF THOSE TWO MEETINGS OR READINGS OF THAT ORDINANCE, UM, IT HAS TO BE VOTED ON AND APPROVED.
AND SO ORDINANCES ONLY GET ADOPTED, UH, AFTER TWO VOTES OF APPROVAL.
UH, RESOLUTIONS, YOU KNOW, ONE, ONE STEP, UH, UNDER THAT IS GOING TO BE, UH, A WRITTEN DOCUMENT.
UH, YOU'VE SEEN RESOLUTIONS BY NOW, BUT, UH, THOSE ARE ADOPTED BY JUST ONE VOTE.
SO YOU SEE 'EM ON AN AGENDA, A RESOLUTION.
THERE'S A, YOU KNOW, A VOTE ON IT, AND IT'S ADOPTED.
AND THEN BELOW THAT IS WHAT WE CALL A MINUTE, OR THAT IS GOING TO BE JUST A MEMBER COUNCIL MAKING A MOTION.
YOU KNOW, THERE'S A SECOND, THERE'S A VOTE ON IT, AND IT'S APPROVED, BUT THERE WASN'T A, UM, UH, A DOCUMENT THAT WAS PREPARED IN ADVANCE, YOU KNOW, TO MEMORIALIZE, UH, THAT ACTION.
UH, WE CALL THOSE, UH, MINUTE ORDERS.
OKAY? AND SO THAT'S KIND OF THE PECKING ORDER OF THE, THE, UH, ACTIONS THAT THE COUNCIL CAN TAKE.
AND SO THERE IS A, A DOCTRINE, UH, THAT IS CALLED THE DOCTRINE OF EQUAL DIGNITIES.
AND WHAT THAT SIMPLY MEANS IS THAT, UH, IF THERE IS AN ACTION THAT WAS DONE BY, YOU KNOW, ONE OF THESE THREE, UH, VEHICLES OR MECHANISMS, THEN IN ORDER TO CHANGE THAT ACTION, YOU HAVE TO MAKE THAT CHANGE, UH, BY EQUAL FORMALITY OR GREATER.
SO, TO CHANGE A RESOLUTION, IT HAS TO BE ANOTHER RESOLUTION OR AN ORDINANCE.
TO CHANGE AN ORDINANCE, YOU HAVE TO ADOPT ANOTHER ORDINANCE.
YOU CAN'T CHANGE AN ORDINANCE BY RESOLUTION BECAUSE A RESOLUTION IS NOT AS FORMAL AS AN ORDINANCE.
SO THAT'S, THAT, THAT DOCTRINE, UH, IN A NUTSHELL.
SO SPEAKING OF TAKING ACTION, UH, AS THE COUNCIL HAS SEEN, IT'S, UH, ACTION IS TAKEN BY WAY OF MAKING A MOTION.
UH, AND THEN, UH, OF COURSE, MOTIONS REQUIRE A, A, A SECOND.
BUT IN THE MAKING OF THE MOTION, WHAT I, WHAT I LIKE TO SUGGEST OR ADVISE TO MY, MY GOVERNING BODIES IS TO MAKE THE MOTION IN THE AFFIRMATIVE.
WHAT I MEAN BY THAT IS I MOVE TO APPROVE X, Y, Z AS OPPOSED TO I MOVE TO DENY IT.
AND, AND THE REASON FOR THAT IS, IF YOU MOVE TO APPROVE X AND THAT VOTE FAILS, THEN X HAS BEEN DENIED.
IF YOU MOVE TO DENY X AND THE VOTE TO DENY FAILS, WELL HAVE YOU APPROVED IT? NO, YOU HAVE NOT.
YOU HAVE SIMPLY FAILED TO DENY IT.
AND SO I ASK THAT YOU MAKE MOTIONS IN THE AFFIRMATIVE.
AND EVEN IF YOU DON'T LIKE THE ITEM, I, I'LL GIVE YOU AN EXAMPLE.
UM, YOU KNOW, HERE IN DICKINSON, UH, WHOOPS, WHENEVER A, UH, WHENEVER A A, UH, MEMBER OF COUNCIL WANTS TO, UH, MAKE A MOTION, THAT MEMBER OF COUNCIL JUST, YOU KNOW, SPEAKS UP, MAKES A MOTION, UH, AT ANOTHER CITY, A PRIOR CITY THAT I WORKED AT, THE MOTIONS WOULD ACTUALLY JUST KIND OF GO DOWN SPACES.
AND SO, YOU KNOW, NEXT UP ON THE, YOU KNOW, AGENDA, THEN IT'S THE NEXT PERSON DOWN THAT JUST MAKES THAT MOTION.
AND SOMETIMES IT'S A MOTION OR, OR AN ITEM THAT THAT PERSON DOESN'T REALLY SUPPORT.
SO YOU'LL HEAR THAT PERSON SAY, UM, I MAKE THIS MOTION TO APPROVE FOR THE SAKE OF DISCUSSION.
SO THAT WHOLE, FOR THE SAKE OF DISCUSSION, IT'S NOT BECAUSE, WELL, I JUST WANNA DISCUSS IT.
IT'S, I'M SAYING THAT BECAUSE I'M ACTUALLY NOT NECESSARILY IN SUPPORT OF THIS MOTION THAT I'M MAKING, I'M JUST DOING IT AS A FORMALITY.
SO, UM, SO DO THAT, YOU KNOW, EVEN IF YOU DON'T LIKE THE PROPOSED ACTION, MAKE THE MOTION IN THE AFFIRMATIVE.
YOU CAN ADD IN THE DISCLAIMER FOR THE SAKE OF A, OF DISCUSSION IF YOU WANT.
AND THEN AFTER THE DELIBERATION AND ALL THAT, VOTE NO ON IT, YOU KNOW, BUT, UH, THAT, THAT'S ACTUALLY JUST CLEANER THAN MAKING MOTIONS IN THE NEGATIVE.
AND THEN THAT MOTION MIGHT NOT PASS.
AND THEN NOW YOU GOTTA MAKE THE MOTION AGAIN, AND THE POSITIVE, AND YOU KNOW, IT, IT'S MESSIER THAT WAY.
SO THE, THE TYPICAL ORDER THAT WE SEE, OR THE IDEAL ORDER, UH, IS GOING TO BE FOR, FOR AN ACTION, IS GOING TO BE THE MAKING OF THE MOTION.
BECAUSE BEFORE YOU HAVE THE MOTION MADE, YOU KNOW, AND THEN THE ITEM WILL APPEAR ON THE AGENDA THE WAY IT APPEARS.
BUT IT DOESN'T MEAN THAT YOUR MOTION HAS TO MATCH, THAT YOU CAN MAKE A MOTION TO APPROVE, AND THEN IN YOUR MOTION STATE WHERE YOU WANT IT DIFFERENT THAN MAYBE THE MATERIALS THAT WERE PRESENTED IN THE, THE COUNT, YOU KNOW, THE MEETING PACKET.
AND SO, BUT BEFORE YOU ACTUALLY HAVE THAT MOTION AS MADE, IT'S KIND OF HARD TO DELIBERATE ON THE PROPOSED MOTION BECAUSE, WELL, YOU DON'T HAVE A MOTION YET.
I MEAN, YOU COULD HAVE, I SUPPOSE, GENERAL DELIBERATIONS.
AND THAT DOES SOMETIMES HAPPEN.
YOU'LL HAVE SOME GENERAL DELIBERATION, AND THEN A MOTION IS FINALLY MADE AND, AND ALL OF THAT.
BUT IDEALLY, IT'S MAKE A MOTION,
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HAVE THE DELIBERATION, AND THEN HAVE THE VOTE.AND SO, SPEAKING OF MOTIONS, UNDER ROBERT'S RULES, THERE ARE GOING TO BE BROADLY, UH, KIND OF THE PRIMARY OR MAIN MOTIONS.
AND THEN THERE ARE SUBSIDIARY OR PARLIAMENTARY MOTIONS.
SO THE MAIN MOTION IS THE MOTION TO ACTUALLY, UH, PUT IN PLACE THAT ACTION, TO CARRY OUT THAT ACTION.
A MOTION TO APPROVE, OKAY, I, I, I MOVE TO APPROVE OF ORDINANCE SUCH AND SUCH.
AND THEN, YOU KNOW, UH, DISCUSSION AND ALL OF THAT.
SO YOU'RE ONLY ALLOWED TO HAVE ONE MAIN MOTION ON THE FLOOR AT A TIME.
YOU CANNOT HAVE COMPETING MOTIONS TO APPROVE, OR A MOTION TO APPROVE THAT'S NOT BEEN VOTED ON.
AND THEN A MOTION TO DENY, LET'S SAY, ONLY ONE MAIN MOTION AT A TIME.
SO THAT PART IS PRETTY STRAIGHTFORWARD.
IT'S WHEN WE GET INTO THE PROCEDURAL MOTIONS THAT WILL SERVE TO MODIFY THE MAIN MOTION THAT IT CAN GET A LITTLE, UH, A LITTLE TRICKY.
UM, BUT DON'T WORRY, UH, MR. CITY SECRETARY AND I SIT THERE AND, YOU KNOW, TAKE NOTES AND TRY TO KEEP UP.
SO WHENEVER YOU HAVE A SUBSIDIARY MOTION, UH, THOSE MOTIONS HAVE TO BE DISPOSED OF BEFORE YOU ACTUALLY MOVE ON TO CONSIDERATION.
AND, AND, YOU KNOW, VOTING ON THAT MAIN MOTION.
SO EXAMPLES, REALLY THE MAIN ONES THAT, THAT THE COUNCIL WOULD SEE OF SUBSIDIARY MOTIONS, THE MOTION TO AMEND.
SO YOU HAVE A MOTION TO APPROVE A PARTICULAR ORDINANCE, AND LET'S SAY THEN YOU HAVE SOME DISCUSSION, AND MAYBE AS A RESULT OF THAT DISCUSSION, THERE'S SOME DESIRE TO, WELL, YOU KNOW WHAT? LET'S, LET'S CHANGE THAT MOTION TO APPROVE UP.
OKAY? THAT MOTION TO AMEND, 'CAUSE IT IS A MOTION, IT REQUIRES OBVIOUSLY A SECOND, YOU KNOW, AS WELL.
UH, AND THEN DISCUSSION ON THAT PROPOSED AMENDMENT, AND THEN A VOTE ON THAT PROPOSED AMENDMENT.
IF THE MOTION TO AMEND VOTE FAILS, THEN THE MAIN MOTION IS NOT AMENDED.
THE MAIN MOTION REMAINS THE MOTION THE WAY THAT IT WAS ORIGINALLY STATED.
IF THE MOTION TO AMEND, UM, PASSES, WELL THEN NOW THE MAIN MOTION BECOMES A, AN AMENDED MOTION BECAUSE IT HAS IN FACT BEEN SUBJECT TO A SUCCESSFUL MOTION TO AMEND.
SO THE MAIN MOTION IS AN AMENDED MOTION, AND DELIBERATION CONTINUES ON.
MAYBE IT'S SUBJECT TO AN ANOTHER MOTION TO AMEND THE, THE MOTION TO MOTIONS TO AMEND.
UM, AND ACTUALLY THE MOTION TO AMEND CAN ITSELF BE SUBJECT TO A MOTION TO AMEND, YOU KNOW, TO, TO REALLY BLOW YOUR MIND.
UH, BUT THAT SHOULDN'T HAPPEN, UH, OFTEN.
THEN THERE IS THE MOTION TO POSTPONE.
NOW, THIS IS A MOTION THAT, UH, THAT IS UTILIZED WHENEVER THE COUNCIL FEELS LIKE IT IS NOT IN, UH, A PLACE, OR MAYBE THE TIMING IS NOT RIGHT FOR THE COUNCIL TO MAKE A DECISION ON THAT MAIN MOTION ON APPROVING THAT ORDINANCE OR APPROVING THAT RESOLUTION.
SO THEN IT WOULD BE AN APPROPRIATE TIME FOR A MOTION TO POSTPONE.
AND THE MOTION TO POSTPONE COMES IN TWO FLAVORS.
ONE IS POSTPONE TO THE NEXT COUNCIL MEETING, OR ONE IS A MOTION TO POSTPONE INDEFINITELY.
SO ACTUALLY, THE MOTION TO POSTPONE INDEFINITELY BY ITS NAME MEANS THAT IT'S KIND OF A WAY TO KILL IT WITHOUT EVER VOTING ON IT, YOU KNOW, SO MOTION TO POSTPONE INDEFINITELY.
SECOND, SOME DEBATE IF YOU WANT VOTE ON IT, THAT MOTION TO POSTPONE INDEFINITELY PASSES, THEN THAT ITEM IS POSTPONED AND IT'S NOT EVER COMING BACK, YOU KNOW? SO, UH, THAT'S A MOTION TO POSTPONE.
UH, PLEASE NOTE AND DISTINGUISH BETWEEN THE MOTION TO POSTPONE AND WHAT I CALL THE MOTION THAT IS MOST COMMONLY MISUSED AND, AND, AND MISUNDERSTOOD.
AND THAT IS THE MOTION TO TABLE.
ACTUALLY, TECHNICALLY, THERE'S NO SUCH THING.
IT IS A MOTION TO LAY ON THE TABLE, OKAY? AND IT IS, YOU KNOW, UM, FOR THOSE OF US THAT, THAT, THAT WORK WITH ROBERT'S RULES AND HAVE DONE SO FOR YEARS, WE JUST SEE THIS USED OR MISUSED ALL THE TIME.
A MOTION TO TABLE IS ACTUALLY A MOTION TO INTERRUPT CONSIDERATION OF A PENDING MAIN MAIN MOTION.
YOU HAVE, YOU KNOW, A MOTION TO APPROVE AN ORDINANCE, SOME DISCUSSIONS GOING ON, AND THEN FOR SOME REASON, YOU HAVE TO JUST SET THAT ASIDE TO TAKE UP SOMETHING ELSE URGENTLY BEFORE YOU GO BACK TO WHAT IT WAS YOU WERE TALKING ABOUT.
THAT'S NOT THE SITUATION THAT YOU TYPICALLY SEE THE MOTION TO TABLE COME UP.
YOU TYPICALLY SEE IT AS REALLY USED AS A MOTION TO POSTPONE.
YOU ARE JUST, OH, YOU KNOW WHAT? WE'RE NOT READY TO TALK OR TO, TO MAKE A DECISION ON THIS.
LET'S TABLE UNTIL THE NEXT MEETING.
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THAT'S ACTUALLY NOT THE CORRECT USE OF A MOTION TO LAY ON THE TABLE.OKAY? SO, UH, HOPEFULLY ONE THING THAT YOU'LL TAKE AWAY, IF IT'S JUST ONE GOING FORWARD, IS THAT IF YOU WANT TO POSTPONE CONSIDERATION OF AN ACTION, IT'S GONNA BE BY WAY OF A MOTION TO POSTPONE AND NOT A MOTION TO TABLE, UH, SOMETHING TO NOTE ABOUT A MOTION TO TABLE.
I MEAN, THE WHOLE INTERRUPTION TO TAKE UP SOMETHING URGENT.
AS SOON AS YOU HAVE A MOTION TO TABLE AND A SECOND FOR IT, YOU CAN'T TALK ABOUT IT ANYMORE.
YOU CAN'T TALK ABOUT, OH, WELL, LET'S, YOU KNOW, LET'S ALLOW STAFF TO BRING BACK THIS KIND OF INFO, OR I'D LIKE THIS QUESTION ANSWERED.
IT'S NOT DEBATABLE, WHICH IS YET ANOTHER, YOU KNOW, UM, I GUESS REASON WHY YOU WOULDN'T USE THAT IN PLACE OF A MOTION TO POSTPONE WHEN YOU WOULD LIKE TO GIVE STAFF, FOR EXAMPLE, SOME DIRECTION AS TO, HEY, NEXT TIME, BRING BACK THESE ANSWERS FOR US TO CONSIDER THE ITEM.
AND THEN THERE'S THE, UH, THE MOTION TO SUSPEND THE RULES.
THAT'S KIND OF A BROAD MOTION.
IF, IF THERE IS THE DESIRE TO TAKE AN ITEM ON THE AGENDA OUT OF ORDER, FOR EXAMPLE, YOU KNOW, THE, THE TECHNICALLY CORRECT WAY TO DO THAT WOULD BE A MOTION TO, UH, SUSPEND THE RULES.
AND A VOTE ON THAT, YOU KNOW, TO MOTION, TO SUSPEND THE RULES TO TAKE ITEM EIGHT BEFORE ITEM SIX.
AND IF IT PASSES, AND THEN THAT ORDER OF THE AGENDA HAS NOW BEEN MOVED AROUND.
UM, ALSO YOU'LL HEAR THE MOTION TO CALL THE QUESTION.
THIS IS ACTUALLY A MOTION TO MOVE THE PREVIOUS QUESTION.
AND THIS MOTION, UH, THE POINT OF THIS MOTION IS TO JUST END DEBATE AND GO TO A VOTE.
AND SO IT IS NOT DEBATABLE ITSELF, AND IT REQUIRES ACTUALLY A SUPER MAJORITY VOTE.
AND THE THEORY BEHIND THAT IS BECAUSE, UH, IF THERE IS A MAJORITY ON THE COUNCIL, YOU KNOW, IN FAVOR OF AN ITEM AND A MINORITY THAT WANTS TO KEEP TALKING ABOUT IT AND STATING THEIR CASE, YOU KNOW, WHY THE ITEM IS NOT A GOOD IDEA, THEN ALLOWING THE MAJORITY, A SIMPLE MAJORITY TO SHUT DOWN THE MINORITY'S COMMENTS, YOU KNOW, UH, IS, IS SOMETHING THAT'S SEEN AS WELL.
THAT'S, THAT'S NOT THE BEST, YOU KNOW, SO THAT'S WHY THE TWO THIRDS REQUIREMENT, BECAUSE A MOTION TO, UH, MOVE THE PREVIOUS QUESTION DOES DO THAT.
IT SHUTS DOWN, YOU KNOW, THE COMMENTS OF THE MINORITY.
IT MOVES THE BODY DIRECTLY TO THAT VOTE, HENCE THE REQUIREMENT OF A TWO THIRDS VOTE.
AND THEN, UM, A MOTION TO RECONSIDER THIS AS A MOTION TO ALLOW THE BODY TO ACTUALLY HAVE A VOTE AGAIN ON THE MAIN MOTION, ON AN ACTION, UM, THAT THE BODY HAS TAKEN AT THE SAME MEETING.
YOU KNOW, IF YOU HAVE A MEETING AND THERE'S A VOTE TAKEN ON, YOU KNOW, UH, AN ITEM AND THE BODY DECIDES, OR SOME ON THE BODY MIGHT DECIDE, YOU KNOW WHAT? MAYBE THAT WASN'T THE BEST DECISION OR THE BEST, YOU KNOW, RESULT, THEN YOU CAN HAVE A MOTION TO RECONSIDER, UH, SOME REQUIREMENTS OR RESTRICTIONS ON THIS MOTION.
IT CAN ONLY APPLY TO A MOTION THAT HAPPENED AT THAT MEETING.
YOU CAN'T RECONSIDER AN ITEM THAT TOOK PLACE, YOU KNOW, A MEETING AGO.
IT HAS TO BE THAT SAME MEETING.
AND NUMBER TWO, AND VERY IMPORTANTLY, THE MOTION TO RECONSIDER HAS TO BE MADE BY SOMEONE WHO WAS ON THE PREVAILING SIDE, YOU KNOW, OF THE ORIGINAL VOTE.
YOU KNOW? SO THERE WAS A VOTE, UH, ON AN ORDINANCE THAT SAY, AND THAT VOTE PASSES, AND MAYBE ONE OF THE ONES, UH, ONE OF THE MEMBERS THAT VOTED FOR IT AND SAID, YOU KNOW WHAT? I DIDN'T THINK OF THIS.
AND SO MAYBE WE NEED TO BRING THAT BACK AND TALK ABOUT US SOME MORE.
THEN IT WOULD BE PROPER FOR THAT PERSON TO MAKE A MOTION TO RECONSIDER.
THE REASON FOR THE RULE THAT, UH, A MOTION TO RECONSIDER HAS TO BE MADE BY SOMEONE ON THE PREVAILING SIDE IS TO PREVENT THIS MOTION'S USE BY A MEMBER OF THE MINORITY ON THE LOSING SIDE TO KEEP BRINGING THIS MOTION UP AND DELAYING THE, YOU KNOW, CONDUCT OF THE MEETING.
YOU KNOW, SO IT, IT REQUIRES SOMEONE THAT WAS ACTUALLY ON THE WINNING SIDE TO THEN, YOU KNOW, MAKE THE MOTION TO RECONSIDER.
UH, AND THEN, SO YOU HAVE THE MOTIONS, YOU HAVE THE SECOND, THE VARIOUS SUBSIDIARY MOTIONS, AND THEN YOU GET TO VOTING.
SO WHEN YOU VOTE, UH, IN ORDER TO VOTE IN FAVOR, IT'S AYE TO VOTE AGAINST IT'S NAY.
UH, AND OBVIOUSLY A MOTION ONLY PASSES UPON RECEIVING A MAJORITY I VOTES.
UH, THERE IS A CHARTER PROVISION THAT REQUIRES, UH, FOUR I VOTES, UH, IN THE EVENT THAT AN, UH, EMERGENCY ORDINANCE, WHICH IS AN ORDINANCE THAT ADDRESSES, YOU KNOW, ACTUAL LIKE EMERGENCIES, UH, THAT FOUR I VOTES ARE REQUIRED.
NOW, YOU MIGHT LOOK AT THAT AND SAY, WELL, YEAH,
[00:30:01]
FOUR I VOTES.IT'S A MAJORITY OF SEVEN, BUT IT'S NOT, IT IS A SUPER MAJORITY OF FIVE.
IF YOU HAVE THE BARE QUORUM OF FIVE, THEN USUALLY YOU WOULD BE ABLE TO, UH, GET IN MOTION ADOPTED BY THREE VOTES, THREE OUT OF FIVE.
THAT'S A MAJORITY OF THE FIVE, NOT OF THE SEVEN.
BUT THIS PROVISION REQUIRES, YOU KNOW, AN ACTUAL MAJORITY OF THE ENTIRE COUNCIL FOR ADOPTION OF AN EMERGENCY ORDINANCE.
OKAY? UH, PART TWO OF MY DISCUSSION TONIGHT, UH, HAS TO DO WITH THE CODE OF ETHICS.
AND SO AS MEMBERS OF THE COUNCIL, UH, YOU GUYS ARE ELECTED OFFICIALS, PUBLIC, UH, OFFICERS, AND YOU HAVE CONFLICTS OF INTEREST GOVERNED BY REALLY TWO MAIN SETS OF, UH, LAWS.
UH, THE FIRST ONE IS LOCAL GOVERNMENT CODE CHAPTER 1 71, AND THEN THE SECOND ONE IS WITHIN OUR OWN CODE OF ORDINANCES.
IT'S GONNA BE DIVISION THREE OF ARTICLE TWO.
OF CHAPTER TWO, UH, THAT SPELLS OUT SOME STANDARDS FOR CONDUCT.
UH, AND THEY DIFFER SOMEWHAT, THEY DIFFER IN THAT THE CITY'S CODE OF ETHICS ACTUALLY, UH, ESTABLISHES A HIGHER BAR ON SOME THINGS THAN, UH, STATE LAW.
YOU KNOW, OBVIOUSLY CITY'S ORDINANCE IS NOT GOING TO BE ABLE TO ALLOW YOU TO DO SOMETHING THAT STATE LAW OTHERWISE PROHIBITS, YOU KNOW, THAT'S NOT ALLOWED, BUT THE CITY IS ALLOWED TO BE MORE RESTRICTIVE.
SO, VERY SIMPLY SPEAKING, THERE IS A TWO-PRONGED TEST FOR WHEN A CONFLICT OF INTEREST EXISTS, AND THE TWO PRONGED TESTS, BOTH OF WHICH OBVIOUSLY HAS TO BE MET.
THAT'S WHY WE CALL IT A TWO-PRONGED TEST.
FIRST, IS THAT THERE HAS TO BE, NUMBER ONE, A SUBSTANTIAL INTEREST THAT EXISTS.
SO WHEN YOU'RE TALKING ABOUT A, UH, A COUNCIL ACTION THAT IS BEING PROPOSED, OKAY? AND A MEMBER OF COUNCIL, UM, HAS A, AND, AND THAT ACTION, LET'S SAY RELATES TO GRANTING A CONTRACT TO A CONTRACTOR, TO A GC FOR SOME CONSTRUCTION CONTRACT.
OKAY? SO, SO THERE WE WOULD LOOK OUT, OKAY, WELL, THAT MEMBER OF COUNCIL, YOU KNOW, DOES, DOES ANY MEMBER OF COUNCIL HAVE A SUBSTANTIAL INTEREST IN THAT BUSINESS ENTITY THAT THE CITY'S ABOUT TO DO BUSINESS WITH? AND THE SUBSTANTIAL INTEREST, UH, THAT IS MET, IF THAT MEMBER OF THE COUNCIL OWNS AT LEAST 10% OR $15,000 FAIR MARKET VALUE, YOU KNOW, UH, IN OWNERSHIP OF THAT BUSINESS ENTITY OR, OR THAT MEMBER OF COUNCIL IN THE LAST YEAR RECEIVE MORE THAN 10% OF HIS OR HER, UH, ANNUAL INCOME FROM THAT ENTITY.
IF EITHER ONE OF THOSE QUESTIONS, THE ANSWER TO WHICH IS A YES, THEN YES, WE SAY THAT THAT MEMBER OR COUNCIL HAS A SUBSTANTIAL INTEREST IN THAT BUSINESS ENTITY THAT THE COUNCIL MIGHT BE DOING BUSINESS WITH.
UH, NOW IF IT'S NOT A BUSINESS ENTITY, BUT RATHER A, A PIECE OF PROPERTY, OKAY? UH, LET'S SAY THE COUNCIL IS LOOKING TO ADOPT A, UH, A REZONING ORDINANCE GOVERNING A PIECE OF PROPERTY.
SO A MEMBER OF COUNCIL COULD HAVE A SUBSTANTIAL INTEREST IN THAT REAL ESTATE IF THAT MEMBER OF COUNCIL OWNS $2,500 OR MORE IN INTEREST IN THAT REAL ESTATE, YOU KNOW? SO, UH, IF THAT'S THE CASE, THEN, THEN YES, YOU CHECK THE BOX.
THAT MEMBER OF COUNCIL HAS A SUBSTANTIAL INTEREST IN THAT PIECE OF LAND THAT IS THE SUBJECT OF SOME PROPOSED COUNCIL ACTION.
BUT REMEMBER, THAT'S JUST THE FIRST PRONG, THE SECOND PRONG, THE SECOND PRONG IN THE, YOU KNOW, CONFLICT OF INTEREST.
YOU HAVE TO MEET THE SUBSTANTIAL INTEREST.
THE SECOND PRONG IS THAT, AND THE CITY COUNCIL'S ACTION WOULD HAVE A SPECIAL ECONOMIC EFFECT ON THAT BUSINESS ENTITY OR REAL PROPERTY.
NOW, EXACTLY WHAT DOES THIS MEAN? UM, I'LL GIVE YOU AN EXAMPLE.
WHEN THE COUNCIL GOES TO ADOPT ITS BUDGET AND ADOPT ITS TAX RATE EVERY YEAR IT'S ADOPTING A, A REAL PROPERTY TAX RATE ON EACH MEMBER OF COUNCIL'S HOUSE IN THE CITY, PROPERTY IN THE CITY.
SO, ABSOLUTELY, YEAH, YOU OWN YOUR HOUSE.
SO THAT'S WHY YOU HAVE THE SECOND PRONG.
WOULD THAT COUNCIL'S ACTION IN ADOPTING THAT TAX RATE HAVE A SPECIAL ECONOMIC EFFECT ON THE BUSINESS ENTITY OR REAL PROPERTY THAT IS DIFFERENT FROM THE EFFECT OF THAT COUNCIL ACTION ON THE OTHER PROPERTIES IN TOWN? AND THE ANSWER THERE IS, WELL, NO, BECAUSE I'M ADOPTING A TAX RATE, SURE, IT APPLIES TO MY HOUSE, BUT IT APPLIES TO ALL THE OTHER PROPERTIES IN TOWN AS WELL.
AND SO IN, IN AN INSTANCE LIKE THAT, NO, THERE'S NOT A CONFLICT OF INTEREST BECAUSE YOU ARE ENACTING A ZONING CHANGE THAT'S, YOU KNOW, CITYWIDE OR, UM, OR LIKE A, A A TAX RATE THAT APPLIES TO, TO EVERYBODY IN TOWN.
[00:35:01]
SO THAT WOULD NOT HAVE A SPECIAL ECONOMIC IMPACT, UH, ON YOU OR THE STUFF YOU OWN VERSUS EVERYBODY ELSE IN TOWN, LIKE, YOU KNOW, GRANTING A, A CONTRACT TO A COMPANY, UH, THAT YOU WORK FOR AS AN EMPLOYEE, YOU KNOW, SO THAT, THAT WOULD BE THE DIFFERENCE.SO IF BOTH OF THOSE PRONGS ARE MET, THEN YOU HAVE A CONFLICT OF INTEREST.
OKAY? SO, SO WHAT, WHAT DOES, WHAT DOES THAT TRIGGER? IF YOU MEET THE TRIGGER OF A CONFLICT OF INTEREST, THEN THERE ARE, UM, AND, AND THIS CAN BE MET, WHETHER IT'S YOURSELF, YOU KNOW, AND UNDER THE CITY'S CODE, UH, WE ALSO APPLY IT TO A RELATIVE OF THE OFFICIAL AS WELL.
AND THAT RELATIVE IS DEFINED AS BEING SOMEONE WITHIN, UH, TWO DEGREES OF CONSANGUINITY, ALSO KNOWN AS BLOOD OR AFFINITY KNOWN AS MARRIAGE.
SO IF YOU HAVE THAT, YES, SIR.
MAYOR, I'D LIKE TO SUSPEND THE RULES TO CONTAINER THIS AFTER THE EXECUTIVE SESSION.
OKAY? UH, YEAH, WE COULD DO THAT.
UH, DO I HAVE A SECOND? SECOND.
UH, ALL IN FAVOR A ALL RIGHT, PROVE.
ALL RIGHT, LET'S DO IT AFTER EXECUTIVE SESSION.
[4. PUBLIC COMMENTS]
THAT LEAVES US TO NUMBER FOUR OF PUBLIC COMMENTS.MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME, LASTING NOT 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 THE TEXAS OPEN MEETINGS ACT.
THE CITY COUNCIL MAY NOT DELIBERATE.
ALRIGHT, UH, FOR GENERAL COMMENTS, FIRST WE GOT MR. DAVID LEHMAN.
I WANNA JUST KIND OF GO OVER SOME THINGS THAT I THINK WE ALL NEED TO KIND OF REMIND OURSELVES OF ONCE IN A WHILE.
I THINK THE MAYOR HAD SOMETHING GOOD TO SAY ABOUT EVERY RESIDENT HERE IN TOWN IS A STAKEHOLDER, MUCH LIKE A CORPORATION HAS THEIR, THEIR, THEIR STOCKHOLDERS.
AND I'M A STAKEHOLDER IN THIS TOWN, AND I WANT EVERYONE HERE TO VOTE AND USE THEIR CONSCIENCE AS A STAKEHOLDER IN THIS CITY TO IMPROVE IT.
ALWAYS TRY TO IMPROVE IT, NEVER HAVE THE IDEA THAT, OH, WELL, IT'S NOTHING IN THE, NOTHING IN THE, IN THE ARTICLES OF X, Y, Z, HAVING ANYTHING TO DO WITH MAKING A PROFIT.
AND SO I, THAT'S WHAT I WANT TO TALK ABOUT HERE AND ON MY, WITH MY THREE MINUTES, IS TO MAKE SURE THAT WE UNDERSTAND THAT WE'RE ALWAYS TRYING TO IMPROVE SOMETHING WHILE WE'RE HERE ON EARTH.
NOT JUST KICK IT, KICK THE CAN DOWN THE ROAD, AS YOU SAY.
UH, SO WITH THAT BEING SAID, UH, I THINK THERE'S THINGS THAT WE NEED TO ADDRESS, UH, AND, AND MAYBE BRING TO SOME OF Y'ALL PROBABLY DON'T GO DOWN CERTAIN ROADS HERE IN TOWN.
UH, I, UH, I HANDLED THE RAILROAD TRACKS TWICE IN 11 MONTHS, GOT 'EM REPAIRED, BUT NOW WE'VE GOT SOME ASPHALT ISSUES ON THE RAILROAD TRACKS.
AND FOR THOSE OF Y'ALL THAT GO, DON'T GO TOWARDS THE HIGH SCHOOL AND GO OVER THOSE RAILROAD TRACKS ON A DAILY BASIS.
WE GOT ONE RAILED THAT WORKS PRETTY GOOD, ALWAYS HAS IN THE LAST 10 OR 15 YEARS.
AND THE OTHER RAILED SEEMS TO ALWAYS HAVE SOME ISSUES.
I'D LOVE TO, YOU KNOW, FIGURE OUT A WAY TO WORK TO GET SOME ASPHALT ON THAT ONE RAIL BED SO I DON'T TEAR UP MY CAR AND I DON'T HAVE TO SLOW DOWN TO A CRAWL TO GO OVER IT.
UH, I, I MENTIONED SOME THINGS AT EDC THE OTHER NIGHT AND I GOT SOME PUSHBACK FROM THE EDC DIRECTOR BECAUSE, UH, YOU KNOW, HE, HE CHASTISED ME FOR NOT, UH, BEING, UH, UNDERSTANDING AND AND KNOWLEDGEABLE ABOUT WHAT I'M TALKING ABOUT.
AND EDC HAS SOMETHING TO DO WITH, WITH THE WAY THAT WE TAKE CARE OF OUR ROADS.
UH, WE GOT SOME MONEY THAT GOES TOWARDS THE EDC AND IT TAKES AWAY FROM THE CITY'S BUDGET.
AND THEN SOMETIMES THEY DO SILLY THINGS.
THEY WANT GIVE $5,000 TO THE DOGS AND CATS.
AND I'M ALL FOR DOGS AND CATS.
I GOT A DOG THAT LIVES IN MY HOUSE, A A 85 POUND DOBERMAN.
I'M ALL FOR DOGS, I'M ALL FOR CATS.
GOT CATS ALL OVER MY NEIGHBORHOOD AND SOMETIMES I PUT WATER OUT AND EVERYTHING TO FEED 'EM.
BUT WE'VE GOTTA UNDERSTAND WHAT WE'RE DOING AS AN ORGANIZATION, AS A CITY, THE DMD, THIS, THE, THE, ALL THESE THINGS.
AND WE'RE, WE'RE POSSIBLY GOING DOWN A ROAD RIGHT NOW WITH DMD AND WE'RE GONNA CONSTANT CONSIDER GIVING $300,000 AWAY TO, TO THE, TO THE LOCAL COMMUNITY, UH, COLLEGE OF THE MAINLAND.
AGAIN, I DON'T BELIEVE THAT WE'RE IN A POSITION UNTIL MY ROAD IS FIXED.
I DON'T BELIEVE WE'RE IN A POSITION TO GIVE $300,000 AWAY TO A, A LOCAL, LOCAL COMMUNITY COLLEGE.
SO, UH, THOSE ARE THE THINGS THAT BOTHER ME AND, UH, AS A STAKEHOLDER, I'M GONNA BE UP HERE AS Y'ALL WELL KNOW ALL THE TIME TALKING ABOUT MY OPINION ON WHAT NEEDS
[00:40:01]
TO BE DONE.ALL RIGHT, NUMBER TWO IS MR. JOE WILBURN.
JOE WILBURN HERE IN DICKINSON.
UH, WE HAVE NEARLY 2000 CITIES IN THE UNITED STATES OF AMERICA.
73 OF THEM LOST THEIR BOND RATING OVER THE YEARS AND WE'RE IN THERE.
WE HAVE ONE COUNCILMAN HERE THAT VOTED IN LOCKSTEP WITH THE LAST ADMINISTRATION.
EVERYTHING THEY VOTED FOR TO SPEND MONEY ON THAT WAS, UM, PROBABLY NOT THE RIGHT THING TO DO MOST OF THE TIME.
GOT US IN A POSITION, GOT US IN A, IN A PLACE, AND SUPPORTED ALL THE WAY TO THE LAST DAY.
I SEEN FOOTAGE OF HIM ALL THE WAY TO THE LAST DAY OF HIS EMPLOYMENT.
THE CITY MANAGER THAT WORKED HERE, THAT GOT US INTO THAT PLACE.
AND NOW HE'S IN A POSITION TO PEDAL INFLUENCE ON THREE DIFFERENT BOARDS.
WE HAVE HIM AS A COUNCIL MEMBER WHEN HE IS ADMITTED THAT HE DON'T LIVE IN TOWN.
WE HAVE HIM AS A-D-D-M-D DICKINSON MANAGEMENT DISTRICT DIRECTOR IN CHARGE OF MILLIONS OF DOLLARS OF DICKINSON'S MONEY.
AND IT'S BEEN GIVEN AWAY TO OTHER CITIES.
AND ALSO HE IS ON THE HOUSTON BAY AREA COUNCIL, WHERE THERE'S INFLUENCE PELLAND ALLOWED TO GO ON WHEN YOU HAVE THIS MUCH POWER IN THE HANDS OF ONE PERSON, THERE'S CERTAINLY NO GOOD THAT CAN COME FROM IT.
IF HE WANTS TO BE A COUNCILMAN, LET BE A COUNCILMAN.
IF HE WANTS TO BE A DMD GUY, LET HIM BE A DMD GUY, HOUSTON BAY OR COUNCIL ALL.
BUT THERE SHOULD BE ROOM FOR SOME OTHER PEOPLE TO HAVE INPUT OTHER THAN ONE PERSON HAVING THIS MUCH INFLUENCE WHENEVER WE DON'T EVEN HAVE A BOND RATING BECAUSE OF THE WAY HE VOTED WITH THE PRIOR ADMINISTRATION IN LOCKSTEP TO PUT THIS CITY IN A FINANCIAL POSITION.
ALRIGHT, NUMBER THREE, MS. CRYSTAL GONZALEZ.
I APPRECIATE THE OPPORTUNITY TO SPEAK HERE THIS EVENING AND I HOPE I SIGNED UP UNDER THE RIGHT PAGE.
MY NAME IS CRYSTAL GONZALEZ AND MY FAMILY AND I LIVE AT 3 7 0 8 MISTY COVE COURT.
ON DECEMBER 28TH, OUR HOME RECEIVED SIGNIFICANT DAMAGE FROM AN F1 TORNADO THAT HIT THE AREA.
SINCE THEN, WE HAVE ENCOUNTERED SEVERAL OBSTACLES.
REPAIRS ARE STILL BEING MADE AND WE ARE STILL NOT BACK IN OUR HOME.
IN ALL HONESTY, THE REBUILDING PROCESS HAS BEEN FRUSTRATING AND AN OVERALL NIGHTMARE.
I WOULD LIKE TO SPEAK TONIGHT ABOUT THE PERMITTING PROCESS AND THE FEES ASSOCIATED WITH THOSE, WHICH HAVE CONTRIBUTED TO SOME OF THAT FRUSTRATION.
SO FAR, I'VE SPENT CLOSE TO A THOUSAND DOLLARS IN PERMIT FEES AND WE ARE STILL NOT DONE PULLING PERMITS.
I NOTICED ON FACEBOOK IN JULY OF LAST YEAR THAT SOME RESIDENTS THAT WERE IMPACTED BY BURL WERE ABLE TO HAVE CERTAIN FEES, PERMIT FEES WAIVED.
I WOULD LIKE TO ASK THE BOARD TO EXTEND THIS WAIVER TO ANY RESIDENTS WHO ARE ATTEMPTING TO REBUILD AFTER NATURAL DISASTER IN THE FUTURE.
WE ALL KNOW THAT REPAIR COSTS CAN ADD UP AND EVERY DOLLAR COUNTS WHEN WE ARE TRYING TO RETURN OUR LIVES TO NORMAL.
IN REGARDS TO THE PERMIT RENTING PROCESS, I HAD TO FILL OUT AN APPLICATION SO THAT WE WERE ABLE TO LIVE IN A CAMPER IN OUR DRIVEWAY WHILE WE WERE RECONSTRUCTING.
IF CITY HALL HAD NOT POINTED, PRINTED OUT, STEP-BY-STEP INSTRUCTIONS, I DO NOT THINK THAT I WOULD HAVE BEEN ABLE TO EVEN FIND THE APPLICATION FOR THE PERMIT.
I STILL HAD TO CONTRACT CONTACT TRAVIS WITH CITY HALL IN ORDER TO COMPLETE THE APPLICATION.
I FEEL LIKE THERE NEEDS TO BE A SIMPLER PROCESS FOR RESIDENTS TO BE ABLE TO FIND THE PERMITS THEY NEED.
WE'RE ALL TOLD REPEATEDLY HOW TO PREPARE FOR A NATURAL DISASTER, BUT NOBODY TELLS US WHAT TO DO AFTER WE'RE HIT BY A NATURAL DISASTER.
I THOUGHT IT WOULD BE SOMETHING AS SIMPLE AS HIRING A CREDIBLE CONTRACTOR AND I WAS WAY OFF BASE THAT WAS SO WRONG.
SO I WOULD LOVE, UM, IF MAYBE THE CITY COULD ADD OUT WHAT TO DO AFTER A NATURAL DISASTER.
OR FOR PEOPLE LIKE ME, A NATURAL DISASTER IS FOR DUMMIES LINK TO THE CITY PAGE.
SO THOSE OF US WHO ARE NOT CONTRACTORS OR KNOW THE VERBIAGE FOR THAT WOULD HAVE STEP-BY-STEP INSTRUCTIONS ON WHAT WE WOULD NEED TO DO.
ALL RIGHT, NUMBER FOUR, MR. GARLAND COPELAND.
MY NAME'S GARLAND COPELAND HERE IN DICKINSON.
UM, FIRST THING I'D LIKE TO MENTION IS I THINK THE LADY IS EXACTLY RIGHT THAT WE'VE GOT A BIG PROBLEM ON PERMITTING
[00:45:01]
AND THE STEPS THAT'S REQUIRED TO GET A PERMIT TO DO ANY WORK IN THE CITY.AND THIS ALL STEMS FROM THE UDC, WHICH I THINK NEEDS TO BE RE REPEALED AND STARTED BACK WHERE WE WERE BEFORE IT WAS PUT INTO PLACE.
UH, TO ME THE UDC AS WRITTEN RIGHT NOW IS JUST A RESIDUAL OF THE FIASCO WE EXPERIENCED HERE IN THE LAST THREE OR FOUR YEARS.
ON ANOTHER TOPIC, FIVE 17, I DIDN'T HEAR A THING ABOUT AN UPDATE ON FIVE 17 TONIGHT.
I WONDER IF THERE'S ANYTHING, ANY CONVERSATION STILL GOING ON RELATED TO THE FIASCO OF THE DIVIDER ON FIVE 17.
UM, A SMALL ATOM, UH, YOU KNOW, I'VE BEEN KNOWN TO READ THE DOCUMENTS AND, UM, READING THROUGH THE PAPERWORK FOR TONIGHT, I NOTICED TWO THINGS.
ONE IS THAT Y'ALL STILL HADN'T FIGURED OUT HOW TO SPELL MY NAME,
AND IN THE MINUTES YOU'LL SEE THAT IT'S SPELLED C-O-P-E-L-I-N, I MEAN C-O-P-E-L-A-N-D.
THE, UM, THE OTHER THING I NOTICED IS THAT THERE'S AN INTERLOCAL AGREEMENT WITH THE, UM, HEALTH DISTRICT.
FOR SOME REASON THE TITLE BLOCK HAS IVAN LANGFORDS NAME IN THERE.
IS THERE A REASON FOR THAT? THANK YOU.
ALRIGHT, THAT IS IT FOR PUBLIC GENERAL GENERAL COMMENTS.
[5. CONSENT AGENDA]
AGENDA.THE FOLLOWING ITEMS ARE CONSIDERED ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.
THERE WILL NOT BE A SEPARATE DISCUSSION ON THESE ITEMS UNLESS A COUNCIL MEMBER REQUESTS IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND DISCUSSED AFTER THE CONSENT AGENDA.
DO I HAVE A MOTION? MOVE? GOT A MOTION.
[6.A ORDINANCE NO. XXX-2025 - Consideration and possible action to approve an Agenda Council Regular Meeting Council Chambers 4403 State Highway 3 Dickinson, TX 77539 The presiding member and a quorum of the City Council will be present at the physical location shown above. Tuesday, June 24, 2025 at 6:00 PM 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. (1st Reading)]
CONSIDERATION AND POSSIBLE ACTION TO APPROVE AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS TO AMEND CHAPTER SEVEN, FIRE PREVENTION AND PROTECTION OF THE CITY OF DICKINSON.CODE OF ORDINANCES BY AMENDING SECTION SEVEN DASH SIX ZERO ENTITLED, SALE USE AND POSSESSION OF FIREWORKS PROVIDING A SEVERABILITY CLAUSE, A REPEAL CLAUSE, AND EFFECTIVE DATE.
DO WE HAVE PUBLIC COMMENTS TILL WE HAVE IT, UH, WRITTEN UP SO WE HAVE SOMETHING TO LOOK AT AND VOTE ON? OKAY.
HERE, LET ME GET THE, UH, THAT, THE PROPER TERMINOLOGY.
SO WE DO HAVE PUBLIC COMMENTS, UH, FOR SIX A, UM, WHICH WOULD BE DAVID LEHMAN, MR. DAVID LEHMAN.
I SPOKE, UH, IN THIS, IN THE, UH, WORKSHOP.
I THINK, I THINK SOCIETY HAS TO HAVE SOME GUARDRAILS.
RACE TRACKS HAVE GUARDRAILS, DRAG STRIPS HAVE GUARDRAILS.
UH, HOPEFULLY Y'ALL, Y'ALL ARE WORKING TOWARDS THAT.
AND, UH, HOPEFULLY YOU UNDERSTAND THAT MR. WHEN MR. TOWNSEND SPOKE ABOUT THE WAY THAT IT WAS WRITTEN IN THIS VOTING MECHANISM THAT HAPPENED IN 24, A LOT OF PEOPLE THOUGHT THEY WERE VOTING TO OUTLAW THE FIREWORKS INSTEAD OF APPROVE 'EM.
AND SO THE WAY THAT IT WAS WRITTEN, I THINK THERE'S A LOT OF PEOPLE IN TOWN THAT PROBABLY, UH, THAT LIVE HERE AND THAT HAVE STAKES IN THEIR COMMUNITY.
THEY PROBABLY WANTED TO OUTLAW FIREWORKS IN MY OPINION.
SO I HOPE WE CAN REALLY CONSIDER HAVING SOME GUARDRAILS ON THIS THING AND MAKE SURE THAT WE UNDERSTAND THAT, THAT EVERYBODY WHO BUYS FIREWORKS, THEY OUGHT TO HAVE A DOGGONE PAMPHLET ON WHAT THE RULES ARE WHEN THEY BUY 'EM.
'CAUSE NOBODY KNOWS IF YOU GO BUY, IF I GO BUY FIREWORKS AND I'M NOT PRIVY TO THE, TO THE RULES OF CITY OF DICKINSON AND I GO BUY FIREWORKS, WELL, YOU KNOW, MAYBE THEY SHOULD KNOW THAT, YOU KNOW, YOU'RE GONNA POSSIBLY MAKE IT TO WHERE YOU CAN ONLY POP 'EM ON JULY 4TH DURING A CERTAIN AMOUNT OF TIME.
AND DECEMBER 31ST FOR A CERTAIN AMOUNT OF TIME.
AND I KNOW THAT AROUND MY NEIGHBORHOOD THE NEXT DAY, THE NEXT EVENING, SOMETIMES FIREWORK FIREWORKS ARE POP BECAUSE THEY'VE GOT FIREWORKS LEFT OVER THAT THEY DIDN'T POP.
AND THAT'S ALL WE GOT FOR, UH, SIX A.
SO I, WELL, I MAKE A MOTION TO APPROVE WITH THE AMENDED DATES AND TIMES THAT WE HAD DISCUSSED TO REFLECT STATE LAW, SPECIFICALLY FOR JULY 4TH HOLIDAY AND NEW YEAR'S EVE HOLI HOLIDAY, BARRING THE OTHER FOUR THAT WE DON'T HAVE POINT OF ORDER CONSENT PERMISSION POINT OF, I THINK WE HAVE A MOTION ON THE FLOOR, RIGHT? OH, SO WE DO HAVE A MOTION
[00:50:01]
TO POSTPONE, UH, POSTPONE.SO I GOTTA GO WITH THAT ONE FIRST.
AND WE HAD A SECOND TO THAT MOTION TO POSTPONE.
WE DID NOT, NOT IT'S A POINT OF ORDER THEN.
THAT'S WHY WE HAVEN'T DISCUSSED ANYTHING YET.
'CAUSE I, I JUST SAW PUBLIC COMMENTS.
I WANTED TO MAKE SURE I GOT THOSE OUT BEFORE WE DID ANYTHING.
SO I GOT A MOTION TO POSTPONE.
DO I HAVE A SECOND? I'LL WITHDRAW MY MOTION.
YOU GOTTA WITHDRAW OF THE MOTION.
WHAT DO WE GOT HERE? UH, OR WE, WE NEED A MOTION TO EVEN TALK.
SO WHAT WE GOT, I CAN REITERATE.
I MAKE A MOTION TO APPROVE, UH, THE CHANGE OF DATES THAT MR. EDMONDS REFLECTED ON THE STATE LAW IN TERMS OF THE DISTRIBUTION AND, UH, OR SORRY, PURCHASE AND UH, DISCHARGE TO REFLECT THE DATES RELATIVE ARE CONSISTENT WITH THE STATE LAW, BOTH FOR JULY 4TH HOLIDAY SPECIFICALLY AND NEW YEAR'S EVE HOLIDAY SPECIFICALLY.
SO, OKAY, SO, AND LEMME JUST REITERATE IT.
SO IT'S A MOTION TO APPROVE THE, UH, USE AND POSSESSION OF FIREWORKS WITHIN THE TIMELINE THAT Y'ALL ARE THE STATE LAW FOR 4TH OF JULY AND NEW YEAR'S.
WELL, TO BE CLEAR, UH, PURCHASE AND DISCHARGE AND WE WERE GOING TO REMOVE THE POSSESSION SO IT WOULDN'T BE ILLEGAL TO POSSESS THEM.
WE DON'T NEED PURCHASE BECAUSE WE'RE NOT GONNA BE SELLING THEM.
OKAY, WELL THEN WITH THE OTHER AMENDMENT THAT WE TALKED ABOUT WITH ELIMINATING THE POSSESSION, IF YOU DON'T HAPPEN TO DISCHARGE ALL YOUR FIREWORKS, NOT ILLEGAL TO STILL HAVE THEM IN YOUR POSSESSION.
I THINK WE CLARIFI THAT STRIKE POSSESSION, RIGHT? YEAH, YEAH, YEAH.
WE, AND POSSESSION AND SALE, WE STRIKE BOTH OF THOSE.
SO IT'S JUST DISCHARGE OF FIREWORKS BETWEEN THOSE, CORRECT? YES.
THE MOTION ON THE TABLE RIGHT NOW, OR MOTION TO, UH, APPROVE, I GUESS IS GOING TO BE, UM, TO USE AND OR DISCHARGE FIREWORKS AMONGST THE STATE, UH, LEGISLATION WITH JULY 4TH AND NEW YEAR'S, RIGHT? OH, YES, MR. CLARIFY, IT'S NOT STATE.
TELL ME WHAT THAT, WHAT THAT IS.
THE, THE STATE LEGISLATION ACTUALLY ONLY DEALT WITH THE SALE OF FIREWORKS.
SO WE ACTUALLY CAN DETERMINE WHEN DISCHARGE, UH, CAN BE DONE, WHICH WE SAID WAS GOING TO BE UNTIL 1159 ON.
WELL, REMEMBER, THIS IS JUST A MOTION GUYS, SO THIS IS JUST A MOTION HE CAN MOTION WHATEVER ANY, WE HAVE A SECOND.
SO NOW LET'S HAVE, WE CAN HAVE A DISCUSSION, RIGHT? SO, OKAY, GOOD.
JUST WANNA MAKE SURE WE REITERATE WE'RE, WE'RE NOW IN THE DISCUSSION PHASE.
I DIDN'T REITERATE THAT WHEN YOU DID THAT.
SO WAS THERE A SECOND TO THAT MOTION? THERE WAS, SO, UH, COUNCIL MEMBER EDMONDS, UH, SECOND IT, I I DIDN'T THINK EVERYONE HEARD THAT.
SO YES SIR, YOU DID, DIDN'T YOU? SO THE DIS THE DISCHARGE FOR JULY 4TH WAS UNTIL 11:59 PM AND ON NEW YEAR'S, WE UH, SAID UNTIL 1:00 AM ON JULY 5TH.
WHEN DOES THE START HAPPEN FOR THE DISCHARGE? I THINK IT WAS 9:00 AM SO WE'RE DOING BASICALLY ALMOST TO 24 HOURS TO DISCHARGE, RIGHT? I MEAN 48 HOURS, I THINK IT'S LIKE 15, SOMEWHERE LIKE THAT.
NO, I MEAN THE, WELL IF WE'RE GOING BACK TO STATE, BASICALLY THEY, WE HAD IT AS THE 25TH, BUT I THINK THEY ONLY CALL IT THE 20TH AND BEYOND.
SO WE CAN MAKE ANY DATE BEYOND THAT.
BUT I DON'T THINK WE SHOULD LIMIT IT 24 HOURS.
THAT WAS WHAT I WAS, THAT'S WHAT I WAS, OKAY.
WE REFLECT THE DATES FROM, YOU KNOW, THE STATE LEGISLATURE THAT ORIGINALLY WE HAD THE 23RD ON ONE VERSION, 25TH AND THE OTHER, THE STATE SAID THE 20TH, ANYWHERE IN BETWEEN THERE.
I THINK IT SHOULD ALSO INCLUDE THAT WEEK PRIOR FOR PEOPLE THAT MAY BE ON LONG SHIFT.
THEY'RE WORKING THAT JULY 4TH WEEKEND.
SO, AND I THINK TO, UM, YOU KNOW, I WILL, A THOUGHT THAT I HAD WHILE WE WERE SITTING HERE TALKING ABOUT THIS, UH, EARLIER TODAY, UM, THE, THE THOUGHT I HAD IS REALISTICALLY THE TIMELINE OF DISCHARGE IS GONNA BE KIND OF IRRELEVANT WHETHER IT'S IN A 24 HOUR PERIOD OR A SEVEN DAY PERIOD BECAUSE THERE'S ONLY A FINITE AMOUNT OF DOLLARS BEING SPENT ON FIREWORKS.
SO I DON'T KNOW, IF YOU GUYS WERE KIDS ONE DAY AND YOU SAW YOUR FIREWORKS AND YOU POPPED 'EM ALL ON THE 27TH AND NOW YOU DON'T HAVE 'EM FOR THE FOURTH.
SO I DON'T THINK IF WE EXTEND THE TIMELINE, IT'S GONNA MAKE MUCH OF AN IMPACT.
UM, SO WHAT ELSE WE GOT? I, WAIT A MINUTE, LET ME, LEMME GET IT STRAIGHT.
IN THAT PROPOSAL IT SAYS, WHICH IS, UH, NUMBER TWO C PERIODS OF TIME WHEN POSSESSION AND DISCHARGE ARE ALLOWED, UNLESS OTHERWISE A BURN BAN IS IN EFFECT IS FROM JUNE 25TH UNTIL JULY 4TH.
SO THAT'S ANY HOUR OF THE DAY.
BETWEEN THOSE TWO THINGS RIGHT THERE.
[00:55:01]
THING GOES ON STARTING DECEMBER 23RD UNTIL JANUARY 1ST.WELL, IT STILL HAS TO COM I MEAN, IT STILL HAS TO COMPLY WITH NOISE ORDINANCE.
THIS IS, THIS IS IN PLACE OF A NOISE ORDINANCE.
IF WE ALLOW THIS, IT, IT OVER UH, OVERRIDES OUR NOISE ORDINANCE.
'CAUSE THIS IS, WE CAN WORD IT TILL MIDNIGHT OR HOWEVER, YOU KNOW, I THINK THE DATES ARE FINE, I THINK, BUT WE CAN PUT IT I SEE WHAT YOU'RE SAYING.
IT LOOKS LIKE YOU CAN DO 24 HOURS A DAY MM-HMM
BUT WE CAN PUT SOME TIMES DAILY, YOU KNOW, THERE WAS A CAP MINIMUM OR EVEN WEEKENDS, WHATEVER, YOU KNOW, I THINK WE, WE CAN, UH, IN FACT WE CAN AGREE ON TIMES RIGHT NOW, UM, BEING THAT 4TH OF JULY IS NEXT WEEK, I THINK WE NEED AN ANSWER ON THIS.
SO, UM, DO YOU HAVE A SUGGESTED TIME YOU WOULD LIKE TO ADD IN THERE? I MEAN, PERSONALLY I DON'T LIKE FIREWORKS DURING THE WEEK AT ALL, BUT, YOU KNOW, IF WE'RE GONNA BE FAIR, I I THINK IT'S REASONABLE TO SAY, UM, NINE OR 10 ON THE WEEKDAY, MIDNIGHT ON THE WEEKEND, THOSE DATES THAT WE'RE TALKING ABOUT UP TO THE, YOU KNOW, OBVIOUSLY THE 4TH OF JULY HOLIDAY ITSELF HAS THAT SPECIAL EXCEPTION.
UM, AND CAN I ASK A QUESTION TO, UH, THE ATTORNEY HERE? UM, IS IT POSSIBLE TO PUT IN A TEMPORARY ORDINANCE FOR A 24 HOUR PERIOD FOR THIS 4TH OF JULY, RIGHT? IS THAT POSSIBLE TO DO? THEY THEN IS BASICALLY GOES AWAY AFTER FOURTH ON JULY 5TH, AND THEN IT GIVES US TIME TO THEN PUT A NEW ORDINANCE TOGETHER AND WE PUT THAT ON THE BALLOT AND HAVE IT A BINDING REFERENDUM.
SO WE ACTUALLY PUT THE ACTUAL ORDINANCE THAT WE AGREE ON, ON THE BALLOT AND WE LET EVERYONE ELSE VOTE FOR IT NEXT, NEXT ELECTION CYCLE.
BECAUSE RIGHT NOW WE'RE DEAL, WE'RE TRYING TO MAKE UP SOMETHING THAT WAS, IT'S A PROBLEM, BUT THAT OUR PREVIOUS COUNCIL MADE BECAUSE THEY PUT THIS WHOLE THING ON THE BALLOT IN THE FIRST PLACE.
SO IF WE WANT TO LET PEOPLE VOTE ON IT, LET'S LET 'EM VOTE ON WHAT THE HECK WE'RE VOTING FOR.
RIGHT? BUT IS THERE A WAY TO DO THAT TO WHERE WE CAN SAY, LOOK, WE DID THIS, WE SCREWED UP, BUT MAJORITY RULES, WE STILL WANNA ALLOW YOU TO FIREWORKS UNTIL WE FIND A SOLUTION.
BECAUSE RIGHT NOW THIS, NONE OF THESE SOLUTIONS MAKE ANY SENSE BECAUSE THE, ONE OF THE COUNCIL MEMBER'S PROPOSALS THAT WAS TO SELL 'EM ALSO, WE'RE ALSO NOW DEALING WITH TIME STUFF.
RIGHT? SO WE DON'T, NONE OF IT'S COMPLETED.
UM, IS THAT A POSSIBILITY TO GET IT DONE TEMPORARILY? SO WE'RE NOT TRYING TO FIGHT THIS THING FOR FOUR HOURS.
UH, SO AS I MENTIONED EARLIER IN MY TRAINING, THE ADOPTION OF AN ORDINANCE REQUIRES TWO READINGS.
I'M SAYING, BUT LIKE, IS THERE A MECHANISM TO DO A TEMPORARY ORDINANCE OR DO WE HAVE TO GO IN AND TAKE THE ORDINANCE BACK OUT LATER ON DOWN THE ROAD? I VIEW ALL ORDINANCES AS TEMPORARY.
'CAUSE WE, BECAUSE THEY'RE SUBJECT TO BEING REPEALED.
BUT THE CHALLENGE THAT THE COUNCIL'S GOING TO HAVE, IF YOU'RE TRYING TO PUT SOMETHING THAT IN ORDINANCE ACTUALLY IN PLACE BY THE 4TH OF JULY IS YOU'RE GONNA NEED TO HAVE TWO READINGS.
YOU CAN HAVE, HAVE A SPECIAL ELECTION ON JULY 1ST.
YOU CAN HAVE A SPECIAL MEETING.
AND THAT'S NOT A PROBLEM MEETING.
THANK YOU TO TO, TO HAVE A, A SECOND READING MM-HMM
UM, SO THAT, THAT'S HOW YOU WOULD TRY TO DO THAT.
UH, JUST MY OBSERVATION, IT'S NOT A, YOU KNOW, LEGAL OPINION, BUT MY OBSERVATION REGARDING THE SECOND PART OF THE IDEA OF PUTTING, HAVING THE COUNCIL AGREE, YOU KNOW, ON A VERSION OF THE ORDINANCE AND THEN PUTTING THAT ORDINANCE ON A BALLOT, SAY IN MAY, WHICH IS WHEN WE'LL NEXT HAVE AN ELECTION ALREADY.
AND THIS IS JUST ME ASKING 'CAUSE I WANNA JUST KNOW Y NO, WE CAN ABSOLUTELY DO THAT.
MY OBSERVATION ON THAT, BECAUSE I'M THE ONE THAT, THAT DRAFTED THE BALLOT LANGUAGE, YOU KNOW, THE THREE OPTIONS THAT WENT TO THE VOTERS THE LAST TIME, UM, IF THE VOTERS GOT CONFUSED WITH THE BALLOT LANGUAGE THAT SAID, SHALL THE FIREWORKS BAN BE REPEALED AND JUST BE GOVERNED BY, BY, YOU KNOW, STATE LAW, YES OR NO.
IF THE VOTERS GOT CONFUSED BY THAT, THEY'RE NOT GONNA UNDERSTAND THIS ORDINANCE
SO, WELL THE PROBLEM WITH THAT IS IF YOU PUT THIS ORDINANCE UP FOR A BALLOT, ARE WE GONNA PUT EVERY ORDINANCE WE DO UP ON A BALLOT FROM NOW ON? I MEAN, IT'S A SLIPPERY SLOPE.
I UNDERSTAND WHERE YOU'RE WANTING TO GO WITH IT.
UH, WELL THAT'S ONE REASON WHY I MADE A MOTION.
BECAUSE THAT WAY THEY COULD WRITE IT OUT AND THEN YOU COULD LOOK AT WHAT THE NEW ORDINANCE WAS GONNA LOOK BACK THEN.
YOU COULD, YOU COULD FIX WHATEVER YOU WANTED TO.
BUT WE'RE TRYING TO FIX SOMETHING HERE IN THE MIDDLE OF A MEETING AND EVERYBODY'S TRYING TO FIGURE OUT IF HE'S TALKING ABOUT THE ORDINANCE THAT I DON'T KNOW WHO WROTE
[01:00:01]
'EM, BUT I'M GONNA PICK NAMES.LET'S JUST SAY THIS ORDINANCE THAT MAYBE YOU MIGHT'VE WROTE OR I WROTE, OR SCOTT WROTE, COMPARED TO THE ONE THAT BILL WROTE, THEY'RE TRYING TO FIGURE OUT WHICH ONE YOU'RE TRYING TO GO WITH.
WELL, AND I THINK THE, THE, THAT'S WHAT THE REASON WHY I WAS ASKING THE QUESTION.
'CAUSE I DON'T WANNA RUSH THIS AND JUST PUT SOME ORDINANCE OUT JUST TO GET IT DONE BY A HOLIDAY.
HOWEVER, UM, THERE'S ALSO A LOT MORE IMPORTANT ISSUES TO BE DEALING WITH, UH, THAN FIREWORKS.
SO, UM, SO I'M NOT, I DON'T WANT TO SIT HERE AND BEAT, BEAT IT TO DEATH, SO.
WELL THAT WAS PART OF THE PROBLEM WITH THE LAST ORDINANCE THAT GOT VOTED DOWN.
THEY TRIED TO RUSH IT BEFORE NEW YEAR'S.
SO DON'T LOOK LIKE THIS ONE'S GONNA FLY EITHER.
YOUR BEST BET IS TO DO A TEMPORARY ORDINANCE, LET 'EM POP FIRECRACKERS FROM WHATEVER, WHATEVER TIMES Y'ALL WANNA LET 'EM DO IT ON THE 4TH OF JULY, THEN WRITE A REAL ORDINANCE.
WELL, AND, AND IF I MAY, UH, MAYOR AND COUNCIL, UH, IF THE COUNCIL, JUST MY THOUGHT PROCESS, IF THE COUNCIL'S GOING TO GO THROUGH THE, THE STEPS TO ADOPT A, A TEMPORARY ORDINANCE.
I MEAN, WHAT I'VE BEEN HEARING AT THE TAIL END OF THIS DELIBERATION SEEMS TO ME LIKE A, AN ORDINANCE OR AN AMENDMENT TO THE CURRENT ORDINANCE, THAT THAT DOESN'T SEEM REALLY THAT DIFFICULT.
WHAT I HEARD WAS OPENING IT UP FOR USE.
UH, DURING TIME RESTRICTIONS OR TIME WINDOWS THAT ACTUALLY MATCH THE TIME WINDOWS IN STATE LAW FOR SALES, BUT THE CITY'S NOT OPENING IT UP FOR SALES, JUST OPENING IT UP FOR USE OF FIREWORKS DURING THOSE SAME TIME WINDOWS.
AND JUST FOR CLARITY'S SAKE, UH, THAT WOULD BE JUNE 24TH UNTIL MIDNIGHT ON JULY 4TH AND DECEMBER 20TH UNTIL MIDNIGHT ON JANUARY 1ST.
IT WAS ACTUALLY 11 DAYS, YOU KNOW, AROUND THE JULY 4TH HOLIDAY AND 13 DAYS AROUND THE NEW YEAR'S HOLIDAY.
SO THOSE ARE THE TWO TIME WINDOWS, UH, IN PLACE UNDER STATE LAW FOR SALES.
THE COUNCIL CAN CHOOSE TO OPEN UP THE SAME TIME WINDOWS FOR USE.
UH, WHAT I ALSO HEARD, HEARD WAS, UH, OPENING UP POSSESSION TO YEAR ROUND.
SO YOU BUY 'EM, YOU HAVE A CERTAIN, YOU KNOW, TWO WINDOWS, UH, DURING WHICH TO USE THEM.
BUT THEN IF YOU DON'T FINISH 'EM, THEN YOU CAN JUST KEEP IT IN BOX IN, IN YOUR GARAGE, YOU KNOW, AND, AND, AND, AND NO ISSUE THERE.
AND SO THAT, AND THEN THE OTHER THOUGHT WAS, OKAY, WELL WITHIN THE TIME, THE TWO TIME WINDOWS A CARVE OUT BAND HOURS, MIDNIGHT TILL EIGHT, OR WHATEVER THE COUNCIL'S DESIRE MIGHT BE, IT DOESN'T SEEM LIKE IT WOULD BE THAT DIFFICULT TO, YOU KNOW, TO DO THAT.
SO IF, IF SOMETHING ALONG THOSE LINES WOULD MATCH UP WITH, YOU KNOW, THE MAKER OF THE MOTION AND THE SECOND, THEN WE COULD HAVE A VOTE ON THAT.
AND THAT WOULD BE THE FIRST READING.
WHEN THERE'S A SECOND READING, LET'S SAY THERE'S A, UH, SPECIAL MEETING CALLED AND A SECOND READING THAT, FOR THAT SECOND READING, I WILL HAVE THE ORDINANCE DRAFTED THAT WILL EMBODY THESE VARIOUS PROVISIONS.
'CAUSE REALLY THERE AREN'T THAT MANY THAT THAT, THAT WE'RE TALKING ABOUT OPENING UP FOR USE TWO STATE, YOU KNOW, LAW WINDOWS, UH, FOR USE, EXCEPT FOR LIKE, BASICALLY MIDDLE OF THE NIGHT, EARLY MORNING CARVE OUTS AND THEN POSSESSION ALLOWED YEAR ROUND.
IF CLARIFYING THAT COUNSEL, THAT THAT'S, BUT THAT'S EXACTLY VERBATIM THE, UH, CLARITY I WOULD LIKE, IS, UH, MIDNIGHT TO 8:00 AM OR IS THERE SOME OTHER VARIATION THERE? AND I JUST SAY MIDNIGHT BECAUSE, YOU KNOW, UNDER STATE LAW, THE, THE WINDOW CLOSES AT MIDNIGHT.
SO I JUST THINK WELL JUST KEEP IT MIDNIGHT, YOU KNOW, DURING ALL THOSE DAYS AND NOT HAVE A DISTINCTION BETWEEN WEEKDAYS VERSUS WEEKENDS.
THAT'LL JUST SERVE TO ADD MORE CONFUSION.
COULD WE NOT JUST COMBINE BASICALLY BOTH ORDINANCES AND SAY, GO AHEAD AND, UH, ON JULY 4TH, UH, FROM 9:00 AM TO JULY 5TH AT ONE, AND, UH, THEN ON DECEMBER 31ST, I MEAN, YOU'RE LOOKING AT A WHOLE NOTHER YEAR.
IF WE WAIT FOR THE VOTERS TO VOTE IN MAY, YOU KNOW, I'M, I'M NOT REALLY A FAN OF FIREWORKS, BUT THE CITIZENS VOTED FOR IT AND I THINK WE NEED TO GIVE 'EM SOMETHING.
AND, AND I THINK IT'S REASONABLE.
I I THINK LEAGUE CITY IS KIND OF RESTRICTIVE AND, AND THIS IS GONNA OPEN IT UP.
IF THEY WANNA POP FIREWORKS DURING THE DAY, THEY CAN DO THAT.
I DON'T THINK WE HAVE A SPECIFIED JULY 3RD IF WE LEAVE IT AS HE WAS SPEAKING, IT KIND OF ALREADY INCLUDES THAT.
I MEAN, YOU LOOK AT THE OTHER DAY, I MEAN, YOU'RE LOOKING AT 20 DAYS OR MORE THAT THEY'RE GONNA BE ALLOWED TO POP FIREWORKS IF WE, IF WE DO THAT, AND I DON'T, I DON'T THINK THE CITIZENS REALLY WANT THAT MUCH.
WELL, ONE'S LIKE 11 DAYS, ONE'S 10 DAYS.
WHERE DO YOU GET 20 DAYS? THE 24 IS FOR BOTH OF 'EM TOGETHER.
I THINK IT ALLOWS 10 DAYS BEFORE THE HOLIDAY IS THE WAY THE STATE LAW IS WRITTEN.
AND IT'S BEEN, I DON'T HAVE A COPY OF AFFIRM.
I THINK IT CALLS FOR 10 DAYS PRIOR.
YOU HAVE 10 DAYS TO SETTLE 'EM AND POP 'EM.
IT, IT SPELLS THAT PER STATE LAW.
ISN'T THAT CORRECT? ON EVERY HOLIDAY? UH, NO SIR.
IT SPELLS OUT THE ACTUAL DATE.
LIKE I READ, IT'S GOT 'EM IN THERE.
[01:05:01]
YEAH.BUT YOU'RE WANTING THAT, YOU'RE WANTING THAT JUST ADD IT TO WHAT WE ALREADY HAVE, LIKE A SECTION D NO, THAT WILL BE STRICKEN.
SO WE CAN ADD THE LANGUAGE OF PROHIBITATION OF DISCHARGE BETWEEN 1:00 AM AND 8 8 50 9:00 AM MIDNIGHT AND, AND, AND 8:00 AM YES, SIR.
SO I MAKE A MOTION TO PROVE THE ORDINANCE AS SUMMARIZED BY COUNSEL
NO, SINCE HE WAS THE ORIGINAL, UH, MOTION OR HE WAS ABLE TO BASICALLY AMEND HIS MOTION, CORRECT? YES.
ACTUALLY THAT'S THE, THAT'S A, A QUIRK OF ROBERT'S RULES.
YOU KNOW, NORMALLY IN ORDER TO AMEND A, A MOTION I DID MY HOMEWORK
BUT YES, IF THE MAKER, YOU KNOW, UH, AND THE SECOND CONSENT TO BE AMENDMENT, THEN I AMEND MY MOTION.
WILL YOU SECOND HIS AMENDMENT? I DID, YEAH.
ALL RIGHT, SO WE GOT A SECOND.
DO WE HAVE ANY MORE CON DISCUSSION? YEAH, I'D LIKE, AGAIN, CLARIFICATION IF WE'RE FOLLOWING THE STATE LAW, THAT THAT DICTATES THE DAYS ON THERE.
WHAT ARE THE HOURS, WHAT ARE THE HOURS WE'RE GOING WITH THAT THEY CAN POP FIREWORKS DURING THOSE? SURE.
SO THE, THE STATE, THE STATE LAW WINDOWS BEGINNING JUNE 24TH.
SO WHEN I READ BEGINNING JUNE 24TH, I READ, WELL, 12:01 AM BEGINS JUNE 24TH.
SO BEGINNING JUNE 24TH AND ENDING AT MIDNIGHT ON JULY 4TH.
THAT'S, UH, G SUB ONE IN THIS PROVISION.
AND THEN G SUB TWO IS BEGINNING DECEMBER 20TH.
SO 12:01 AM AND ENDING AT MIDNIGHT ON JANUARY 1ST OF THE FOLLOWING YEAR.
SO THOSE ARE THE TWO STATE LAW WINDOWS THAT ARE CARVED OUT TO ALLOW SALES.
SO IF WE USE THE SAME WINDOWS FOR DISCHARGE, FOR USE OF FIREWORKS, AND THEN JUST HAVE, YOU KNOW, LANGUAGE IN THERE THAT SAYS, EXCEPT FOR THE HOURS OF, YOU KNOW, BETWEEN MIDNIGHT AND 8:00 AM ON, ON ANY DAY, YOU KNOW, WITHIN THAT WINDOW.
I, I THINK THAT'S, SO I THINK WE EXTENDED THAT TIME TO 1:00 AM I THOUGHT COUNCILMAN HOLT ASKED FOR THE WINDOW TO BE FROM 8:00 AM TO MIDNIGHT ON ALL THOSE DAYS INSTEAD OF BEING ABLE TO POP 'EM FOR 24 HOURS A DAY FOR 10 DAYS.
BUT THAT'S WHAT HE WAS CLARIFYING.
WELL, COUNCILMAN HOLT INITIALLY SUGGESTED A CARVE OUT BETWEEN 10:00 PM UNTIL 8:00 AM ON WEEKDAYS AND MIDNIGHT UNTIL 8:00 AM ON WEEKENDS.
AND I THINK TWO DIFFERENT CARVE OUTS MIGHT JUST BE MORE CONFUSING.
SO WE, WE CAN AGREE TO HAVE THE CARVE OUT BASICALLY THE PROHIBITED HOURS TO JUST BE MIDNIGHT UNTIL 8:00 AM THE FOLLOWING DAY.
I THINK THAT'S MORE STRAIGHTFORWARD.
BUT, UH, FOR THE NEW YEAR'S HOLIDAY, EXCUSE ME, FOR THE, FOR THE NEW YEAR'S HOLIDAY, THEY TYPICALLY DON'T GO OFF UNTIL 12 O'CLOCK.
AND SO I SUGGESTED ONE O'CLOCK TO, TO KILL 'EM AND THEN ALLOW THE PROHIBITATION OR PROHIBIT THE DISCHARGE OF FIREWORKS FROM 1:00 AM UNTIL 8 59.
THE, THE NEXT DAY, I GUESS, TO PROHIBIT THE DISCHARGE OF FIREWORKS AFTER 1:00 AM UNTIL 8 59 THE FOLLOWING DAY.
AND I GUESS THAT WOULD BE A, A CONTINUING, THAT WOULD BE A CONTINUING ORDINANCE FOR THE ILLEGAL DISCHARGE.
SO THE, THE MOTION, UH, AND THE SECOND ON THE FLOOR, UH, AS I UNDERSTAND IT, CONTAINS THE, THE BAND TIMELINE OF MIDNIGHT UNTIL 8:00 AM AND SO, UH, COUNCILMAN EDMONDS, ARE YOU OFFERING A MOTION TO AMEND, TO CREATE A SLIGHTLY DIFFERENT, BASICALLY TO JOG BACK THAT WINDOW ON, UH, JULY 4TH, OR I'M SORRY, ON NEW YEAR'S FOR NEW YEAR'S ON NEW YEAR'S TO INSTEAD OF MIDNIGHT TO EIGHT, BE 1:00 AM TO 9:00 AM YES.
SO THERE'S A MOTION TO AMEND THERE.
I WAS POST, WHERE'S THE THIRD? RIGHT HERE, YOU AND BILL.
UH, ALRIGHT, UH, WELL, MOTION IS PASSED.
SO WE GOT THE, UH, CHANGE OF THE TIMELINE.
SO THE AMENDED MOTION ON THE FLOOR YEP.
IS TO AMEND THE CURRENT, UH, FIREWORKS BAN TO ALLOW FOR POSSESSION YEAR ROUND.
[01:10:01]
TWO STATE LAW WINDOWS WHERE SALES IS ALLOWED.AND THEN A CARVE OUT OF, UH, MIDNIGHT TO 8:00 AM UH, FOR EVERY SINGLE DAY IN THOSE WINDOWS, WITH THE EXCEPTION OF JANUARY 1ST, WHEN THE PROHIBITED HOURS WILL BE 1:00 AM TO 9:00 AM TEN FOUR.
ANY MORE DISCUSSION, COMMENTS, CONCERNS? IF NOT NOW, NOW THAT YOU AMENDED THE ORIGINAL MOTION, DO WE HAVE TO VOTE ON THIS, THE MOTION THAT COUNCILMAN HOLT MADE AND, UH, EDMONDS SECOND THAT, UH, THAT THEY AMENDED THAT ONE? RIGHT.
THAT MOTION HAS NOW BEEN AMENDED TO WHAT I JUST STATED, WHICH I, OKAY.
SO WE DON'T HAVE TO DO ANYTHING ELSE.
WE JUST HAVE TO, EXCEPT FOR A, YOU STILL HAVE TO DO A FINAL VOTE ON THE, THE MAIN MOTION ON THE FLOOR AS AMENDED.
THIS'S WHAT I'M TALKING ABOUT.
SO, UH, SO ONCE AGAIN, AYE AND NAY, SO ALL IN FAVOR? AYE.
NAY OPPOSED? WE GOT FOUR NAYS.
ALRIGHT, SO SINCE THAT FAILS, THAT MEANS WE GO TO THE NEXT THING? OR DO WE HAVE IT? CAN WE GET ANOTHER MOTION OR HOW DOES THAT WORK? NO, IT'S, IT'S, IT'S DONE, BUT OKAY.
WHO, WHO ARE THE FOUR NAYS? I'M SORRY, I DIDN'T, WHAT WAS THIS ON YOUR MOTION? THE MOTION FOR THE FIREWORKS.
[6.B Consideration and possible action to designate a representative and an alternate to the General Assembly of the Houston-Galveston Area Council (HGAC).]
B CONSIDERATION AND POSSIBLE ACTION TO DESIGNATE A REPRESENTATIVE AND AN ALTERNATIVE TO THE GENERAL ASSEMBLY OF THE HOUSTON GALVESTON AREA.DO I HAVE A SECOND? UH, SO ACTUALLY, WELL, THIS IS A CONSIDERATION AND POSSIBLE ACTION, RIGHT? WELL, YES.
SO, ON THE MOTION, YOUR RIGHT ON THE MOTION TO APPROVE, UH, SINCE THE ACTION IS TO DESIGNATE A REPRESENTATIVE AND AN ALTERNATE, CAN THAT MOTION INCLUDE, UH, IDENTIFYING WHO THAT CAN OKAY.
SHOULD IDENTIFY THOSE TWO NAMES.
WELL, I MAKE, I MAKE A MOTION TO NOMINATE MARK TOWNSEND AS A DESIGNATED REPRESENTATIVE.
AND I DON'T HAVE A DESIGNATE, I DON'T HAVE, UH, ONE FOR AN ALTERNATE.
SO I GOT A, A MOTION TO, UH, DESIGNATE, UM, COUNCIL MEMBER TOWNSEND AS THE PRIMARY REPRESENTATIVE.
AND NOTE WE DON'T, WE, DO WE NEED TO HAVE, DO WE HAVE TO DO AN ALTERNATIVE AS WELL? OR DOES THE MOTION HAVE TO HAVE IT, OR WOULD THAT HAVE TO BE A SECOND MOTION? UH, THAT CAN CERTAINLY BE A SECOND MOTION.
UM, SO IT'S UP TO THE COUNCIL, JUST RIGHT.
AND THEN DO I HAVE A SECOND? CAN, UM, OKAY.
CAN I AMEND MY MOTION TO, UM, ABSOLUTELY APPOINT BILL SCHICK AS AN ALTERNATE.
SO WE GOT, UH, A MOTION TO APPOINT COUNCIL MEMBER TOWNSEND AS THE REPRESENTATIVE AND COUNCIL MEMBER SCHICK AS THE ALTERNATIVE TO THE GENERAL ASSEMBLY OF THE HOUSTON GALVESTON AREA.
ALRIGHT, LET'S HEAR THE DISCUSSION.
WHAT DO WE GOT? SO I SAID THIS LAST MONTH, THIS HAPPENS IN OCTOBER WHEN HGAC SENDS A LETTER ASKING FOR THE GENERAL ASSEMBLY DELEGATE AND THE ALTERNATE, THE GENERAL ASSEMBLY DELEGATE AND THE, OR THE ALTERNATE DO TWO THINGS.
THEY ELECT THE BOARD OF DIRECTORS REPRESENTATIVE FOR THE HOME RULE CAUCUS, AND THEN THEY ALSO ELECT THE, UM, WHEN THE SLATE OF OFFICERS, THE CHAIR, THE CHAIR ELECT, AND THE VICE CHAIR ARE NOMINATED, THAT'S WHO THEY ELECT CHANGING OUT ALTERNATES NOW, OR CHANGING OUT REPS AND ALT.
NOW THE ONLY THING THAT DOES IS REMOVES DICKINSON'S VOICE AND VOTE, AND EVERYBODY'S ON THE SIDELINE UNTIL WHENEVER THE LETTER COMES OUT.
AND SOMETIMES IT'S IN OCTOBER, SOMETIMES IT'S IN NOVEMBER.
AND SO WHAT WOULD HAPPEN IS, NUMBER ONE, THEY'RE STILL GOING TO SEND ANOTHER LETTER IN OCTOBER AND NOVEMBER.
AND NUMBER TWO, MARK OR WHOEVER WAS SELECTED AT THAT TIME, HAS TO TRY TO COME FROM THE FLOOR TO GET ELECTED ON THE BOARD OF DIRECTORS POSITION.
SO WE LOSE VOICE AND VOTE FOR FROM NOW UNTIL DECEMBER BY CHANGING IT OUT.
[01:15:01]
THE NET POSITIVE IN NOT HAVING DICKINSON THUS FAR HAS HAD AN 11 YEAR STREAK OF HAVING A REPRESENTATIVE ON THE BOARD.KING MADE WAY FOR ME, AND WHEN WE HAD THIS CONVERSATION, UH, NOVEMBER AND DECEMBER OF LAST YEAR, I SAID THAT I WOULD WORK TO HELP MARK GET ON COMING BEHIND ME.
I DON'T SEE THE NET POSITIVE IN DOING THIS NOW.
SO, UM, AND YOU CAN CORRECT ME IF I'M WRONG.
UM, I, I HAD A CONVERSATION TODAY WITH, UM, A, A FORMER MA OR A, AN AL ANOTHER MAYOR OF A CITY, UM, THAT IS A MEMBER OF HGAC.
'CAUSE I, I TOO WANTED TO LEARN HOW HGAC WORKED AND UNDERSTAND HOW, WHAT OUR ACTUAL, UM, VOICE WAS AND, UH, LIKE WHAT YOU REPRESENT AND ALL THAT FUN STUFF.
WELL, UH, WHAT I FOUND OUT IS THE, THE CITY OF DICKINSON IS PART OF A SMALL CITY'S CAUCUS, BASICALLY.
UM, SO IT'S 22 CITIES THAT IT, IT, IT, IT IS BEING REPRESENTATIVE BY, UM, SO WHEN, WHEN HE SAYS THAT WE DON'T HAVE A VOICE, WE STILL HAVE A VOICE, WE JUST AREN'T THE, THE SPOKESMAN OF THE CAUCUS.
'CAUSE WE'RE STILL PART OF THE SMALL CITIES GROUP.
THE MOMENT WE GO OVER 25,000, IT DOESN'T MATTER WHO WE ARE, WE GET A SPOT ON THE BOARD NO MATTER WHAT.
WE CAN REPLACE 'EM WHENEVER WE WANT.
UM, AND THAT'S KIND OF HOW I WAS EXPLAINED TO ME.
SO, QUICK QUESTION, POINT OF CLARIFICATION.
WHEN YOU SAY WE STILL HAVE A VOICE, WHAT DO YOU MEAN BY THAT? SO THE, THE, Y'ALL STILL MEET AS A GROUP OF CITIES, RIGHT? SO YOU'RE, YOU'RE OH, JUST ONCE A YEAR.
SO, BUT WHAT I'M SAYING IS, IS WHEN YOU'RE TALKING, YOU'RE TALKING ON BEHALF OF THE GROUP OF CITIES, NOT JUST THE CITY OF DICKINSON.
SO THE PERSON THAT IS REPRESENTING IT IS REPRESENTING ALL 22 CITIES, NOT JUST DICKINSON.
BECAUSE IT'S THE 22 CITIES, NOT JUST US.
SO WHAT YOU ARE, YOU'RE FIGHTING FOR IS NOT JUST DICKINSON, IT'S ALL OF THE CITIES.
SO I JUST WANNA MAKE SURE I'M, I'M NOT SAYING THAT WE SHOULD DO THIS.
I'M SAYING THAT I WANT EVERYONE TO UNDERSTAND HOW THIS SYSTEM WORKS, THAT WE DON'T LOSE A VOICE.
ONCE AGAIN, IF SOMEONE TELLS ME SOMETHING, I GO AND I GO AND CHECK IT OUT.
RIGHT? UM, BUT THE, THE, THE, WHAT WE DO LOSE IS WHEN WE GO TO CAUCUS NEXT YEAR, WHICH THEY'RE GOING TO EVERY YEAR, THEY VOTE FOR WHO THE TWO REPRESENTATIVES ARE.
SO IF YOU'RE NOT A REPRESENTATIVE, THEN THAT'S HOW IT WORKS.
RIGHT? SO, BUT IF WE GO OVER 25,000, WE'RE NOT EVEN PART OF THAT CAUCUS ANYMORE, RIGHT? CORRECT.
SO IF WE HIT ANOTHER CENSUS, THERE'S A GOOD CHANCE WE DON'T EVEN HAVE THAT PROBLEM ANYMORE.
THEY, THEY PREDICTED, UM, BY 2040.
BUT I JUST WANTED TO BE CLEAR, WHEN I SAY VOICE, I MEAN THE ABILITY TO SPEAK AT THE BOARD OF DIRECTORS MEETING TO MAKE MOTIONS TO SECOND.
BUT YOU'RE, I MEAN, YOU'RE NOT, YOU'RE NOT SPEAKING ON BEHALF OF DICKINSON.
YOU'RE SPEAKING ON BEHALF OF THE 22 CITIES.
SO I WANT YOU TO REPRESENT YOUR POSITION TO THE CITIZENS THE PROPER WAY.
IT'S NOT, YOU'RE TALKING ON BEHALF OF THE CITY OF DICKINSON THAT HAS BEEN CONFIRMED.
BUT I ALSO DO TAKE UP SPECIFIC ITEMS FOR DICKINSON AND, AND THAT'S FINE, BUT YOU'RE STILL NOT REPRESENTING JUST DICKINSON.
THAT IS THE POINT TO THAT, THAT I NEED TO MAKE TO EVERYONE.
THIS IS A COMMUNITY GROUP BETWEEN 22 CITIES WITH POPULATIONS UNDER 25,000.
SO MY WHOLE THING IS I WANT TO BE TRANSPARENT WITH EVERYBODY.
WHATEVER WE SAY UP HERE, BETTER BE FACTUAL.
I WILL FACT CHECK IT EVERY MEETING WE HAVE.
SO WHEN I UNDER DON'T UNDERSTAND SOMETHING, I'M GONNA GO ASK QUESTIONS.
THIS CAME FROM SOMEONE THAT IS ON HGAC.
THIS IS A, A PERSON THAT HAS BEEN A MEMBER OF IT FOR MANY YEARS.
SO I, I, I WANT MAKE SURE WE ALL UNDERSTAND HOW THE PROCESS WORKS.
SO, ANY OTHER COMMENTS THERE? DID I SIGN UP ON YOUR PHONE? YEAH.
WAS I UNDER SIX A, SIX B? OH, NO, I GOT YOU AT, UH, SEVEN D.
NO, I GOT, NO, I DON'T, I GOT DAVID, MR. DAVID LEAVING THOUGH AT SIX B THOUGH, WHICH I SCREWED UP.
I SOMEHOW, I, I DIDN'T, I WROTE THE NUMBER DOWN ON IT.
UM, IF Y'ALL WOULD, LEMME SPEAK.
WELL, I CAN JUST TAKE YOU OFF SEVEN D THEN.
WELL, LET'S MAKE SOME COMMON SENSE OUT OF THIS, RIGHT? I GUESS I GET TO MAKE SOME
[01:20:01]
RULES UP EVERY ONCE IN A WHILE.SAY, JUST BE AWARE OF MANIPULATION WHEN YOU SEE IT.
UM, WE, WE ARE NOW IN A, IN A POSITION TO WHERE WE CAN'T GET A LOT DONE BECAUSE WE ONLY HAVE ONE MEETING A MONTH.
AND, AND MAN, MY HAIR WAS WHITE.
IT SEEMED LIKE IT WAS BLONDE A FEW MONTHS AGO, AND I STILL FEEL LIKE A KID INSIDE.
AND, UH, NOW WE, WE HAVE OUR COUNCIL DOING TWO MEETINGS, I MEAN, ONE MEETING A MONTH INSTEAD OF TWO.
AND A LOT OF IT WAS BECAUSE OF PEOPLE LIKE ME WHO LIKE TO GET UP HERE AND VOICE THEIR OPINION ON THINGS, IN MY OPINION.
AND PEOPLE DON'T, PEOPLE UP HERE DON'T LIKE TO HEAR.
A LOT OF TIMES WHEN THE PUBLIC HAS COMPLAINTS, THE MANIPULATION WITH THESE BOARDS IS, IS SOMETIMES UNREASONABLE.
AND IF YOU'LL LOOK AT NOT ONLY THE MONEY THAT THE DMD IS GONNA BE GIVING AWAY, UH, OR TRYING TO GIVE AWAY IN THE NEXT MEETING, AND THE MAN WHO, WHO'S GONNA GIVE IT AWAY HAS ALL THE POWER TO DO IT.
BUT IF YOU'LL LOOK, THEY WANNA CHANGE THEIR MEETINGS TO QUARTERLY NOW, UH, THEY'RE LOOKING AT TO CHANGE THE QUARTERLY, HE'S SPEAKING NOW THAT HE'S NOT GONNA HAVE A VOICE, UH, FOR THE CITIZENS OF DICKINSON IF WE PROLONG OR IF WE APPOINT SOMEBODY ELSE.
BUT YET ON THE OTHER HAND, HE WANTS TO MOVE THE MEETINGS FOR THE DMD TO QUARTERLY INSTEAD OF MONTHLY TO, TO, IN MY OPINION, FURTHER PROHIBIT THE APPOINTMENT OF SOMEBODY ON THE DMD BOARD.
IT, IT'LL JUST KEEP MOVING IT AND MOVING IT.
AND THE MANIPULATION IS UNREASONABLE.
UH, LET'S MAKE A DECISION TO GET RID OF SOME OF THIS MANIPULATION AND, UH, GET BACK ON BOARD WITH BUSINESS WHERE, WHERE WE CAN GET DICKINSON MOVING AGAIN.
SO, ALRIGHT, WHAT ELSE WE GOT FOR COMMENTS WISE? I KNOW LAST, UH, OH, MEETING.
I'M I'LL, I'LL COME, COME BACK TO YOU.
LAST MEETING, WE, UH, WE DISCUSSED THE BYLAWS AND WHAT WOULD HAPPEN, AND I'LL, I'M GONNA READ THE BYLAWS RIGHT HERE.
IN THE EVENT THAT A REPRESENTATIVE TO THE BOARD OF DIRECTORS BECOMES INELIGIBLE TO SERVE OR RESIGN, THE REPRESENTATIVE, DULY APPOINTED ALTERNATE SHALL ASSUME THE DUTIES AND EXERCISE THE POWERS OF THAT REPRESENTATIVE TO ME, THAT PRETTY WELL STATES IT RIGHT THERE.
SO THAT'S WHY I MADE MY MOTION.
SO THE ALTERNATE IS NOT MARK TOWNSEND, THE ALTERNATE FOR THE HGAC HOME RURAL CAUCUS IS ACTUALLY THE MAYOR OF MANVILLE.
UM, BUT I KNOW DM D'S NOT ON THE AGENDA, BUT I, I JUST WANT TO ADDRESS, IT'S BEEN QUARTERLY MEETINGS SINCE BEFORE I GOT ON.
IT'S NOT MOVING TO QUARTERLY MEETINGS.
IT'S SAYING THAT THEY SHOULD MEET AT LEAST QUARTERLY.
I JUST WANTED TO ADDRESS THAT PART AND, AND THAT WAS ON EVEN BEFORE I GOT ON THE BOARD.
BUT I, I, I MEAN, I FEEL LIKE WE'RE KIND OF CONFLATING A FEW THINGS.
NOW HOW SO WHAT, I GUESS THAT'S THE, ANY OTHER COMMENT FROM ANYONE ELSE? LIKE I SAID, I WAS ONLY JUST BRINGING TO LIGHT OF HOW, WHAT IT IS PRESENTED TO ME, AND I WANTED TO PRESENT THAT TO EVERYONE ELSE.
UM, WITH THAT BEING SAID, THAT IS NOT WHETHER I AGREE OR DISAGREE WITH THE MOTION.
ALL THE INFORMATION NEEDS TO BE OUT ON THE TABLE.
SO WE MAKE THE RIGHT DECISION, UH, IN FRONT OF US.
I BELIEVE I'M UNDER SIX FEET AS WELL.
I IS, I WILL NOT LET MY, UH, INSUFFICIENCIES, UH, SCREW YOU GUYS OVER.
UH, MR. SIMPSON, I, YOU HAVE DONE GREAT THINGS FOR THE CITY OF DICKINSON WHEN YOU LIVED HERE.
SIR, YOU, UH, REPRESENTED THE CITY OF DICKINSON PRETTY WELL WHEN YOU LIVED HERE.
UH, AND, AND I, I, I APPLAUD YOUR EFFORTS.
HOWEVER, YOU DON'T LIVE HERE ANYMORE.
UH, WHAT YOU'RE DOING, YOU'RE LIVING IN HOUSTON, EVERYBODY KNOWS YOU'RE LIVING IN HOUSTON.
EVERYBODY UP HERE KNOWS YOU'RE LIVING IN HOUSTON.
EVERYBODY I TALK TO KNOWS THAT YOU'RE LIVING IN HOUSTON.
AND SO NO MATTER WHAT YOU'RE DOING FOR THE HOUSTON GALVESTON ASSOCIATION, IT'S, IT'S NOT A FACTUAL THING.
AND WE NEED REPRESENTATION FROM THE PEOPLE, FROM THE STAKEHOLDERS OF THIS CITY, NOT FROM SOMEBODY WHO ASSUMES THAT THEY'RE STILL A STAKEHOLDER FROM THE CITY.
WHEN YOU'RE LIVING IN HOUSTON, PREACHING IN HOUSTON, AND YOUR CHILDREN ARE RESIDING IN HOUSTON, I DON'T CARE HOW MANY HOMES YOU OWN, I OWN A BUNCH.
I USED TO OWN A BUNCH OF HOMES MYSELF.
I NEVER LIVED IN ALL OF 'EM AT ONCE.
I ONLY LIVED IN ONE AT A TIME.
UH, I AM A STAKEHOLDER IN THIS TOWN, AND THAT'S MY OPINION, AND IT WILL NOT BE CHANGED.
ANY OTHER COMMENTS FROM COUNSEL OR QUESTIONS? I A QUESTION? YES, SIR.
IF WE NEED FURTHER ACTION, WE HAD A MOTION AND A SECOND AND THEN WE HAD FURTHER DISCUSSION BEYOND THAT.
[01:25:01]
SO IS IT MOVED? WE CAN CALL FOR A VOTE.I CAN, YOU CAN CALL FOR A VOTE.
SO ALL THE DISCUSSION AND THEN SO EVERYBODY HAS THE INFORMATION AND THEN WE CAN, UH, ONCE YOU KNOW, EVERYBODY GETS THEIR QUESTIONS OUT, I ASK, UH, THEN I'LL SAY, HEY, LET'S, WE'RE GONNA GO TO A VOTE AND THEN WE'LL VOTE ON IT.
UM, SO IF YOU DON'T HAVE ANY, IF THERE'S NO MORE OTHER COMMENTS, QUESTIONS, CONCERNS FROM MY OTHER, MY COUNCIL MEMBERS, THEN UH, ALL IN FAVOR SAY AYE.
[7.A Consideration and possible action to amend the City of Dickinson, Texas, adopted budget for fiscal year 2024-2025, adjusting the budgeted contract services for Galveston County Health District mutual aid calls for actual and projected expenditures through the remainder of the fiscal year.]
NEW BUSINESS.WE'RE GONNA, WE'RE GONNA LOOK EVERY TIME NOW, CONSIDERATION AND POSSIBLE ACTION TO AMEND THE CITY OF DICKINSON, TEXAS ADOPT BUDGET, UH, ADOPTED BUDGET FOR FISCAL YEAR 2024 TO 2025, ADJUSTING THE BUDGET CONTRACT SERVICES FOR GALVESTON COUNTY HEALTH DISTRICT.
MUTUAL AID CALLS FOR ACTUAL AND PROJECTED EXPENDITURES THROUGH THE REMAINDER OF THE FISCAL YEAR.
SO I HAVE A MOTION, I'LL MAKE A MOTION FOR DISCUSSION.
I WILL SECOND GOT A MOTION FOR DISCUSSION AND A SECOND FROM COUNCIL MEMBER.
WHAT WE GOT FOR A DISCUSSION? I THINK, UH, TO START OFF WITH, SINCE MR. COPELAND BROUGHT IT UP, I THINK THIS IS THE ONE HE WAS TALKING ABOUT.
IT HAS I IVAN LANKFORD'S NAME ON IT IN THE CONTRACT, IF I REMEMBER CORRECTLY.
BUT SECOND OF ALL, IF I READ IT UP, ALL THESE NUMBERS, RIGHT? WE'VE SPENT $114,030 FOR EMS SO FAR THIS YEAR WITH GALVESTON COUNTY, WITH THE, THE, UH, MUTUAL AID AGREEMENT.
IS THAT A TRUE NUMBER? THAT'S WHAT SHE SAYS.
AND SECOND OF ALL, DID WE, NOT IN THE BUDGET, I KNOW IT WAS DISCUSSED, BUT I THINK WE BUDGETED FOR TWO AMBULANCES.
IS IT THAT NOT CORRECT? YES SIR.
ALRIGHT, SO WE'RE GONNA MAKE A BUDGET AMENDMENT BECAUSE WE GOTTA PAY THE BILL.
SO WHAT WE, TAKING THE MONEY FROM PLAN A ON TAKING IT OUTTA THE GENERAL ACCOUNT OR THEY PLAN ON WHERE WE OUGHT TO BE TAKING PART OF IT FROM AS THE EEM EMS FUND TO FUND IT.
IF WE'RE NOT PUTTING TWO AMBULANCES ON THE STREET, THEN WE NEED TO BE USING SOME OF THAT MONEY TO OFFSET THIS 114,000 PLUS WHATEVER THEY'RE ASKING FOR, FOR THE NEXT FOUR OR FIVE MONTHS.
IS THERE A, CAN WE GET SOME CLARIFICATION ON THAT? IS THE FINANCIAL DIRECTOR HERE OR, I THINK YOU WANT TO ANSWER TO IT.
UH, PART OF THIS WAS ORIGINALLY LAST YEAR WHEN WE DID OUR BUDGET, UM, THERE WAS A NUMBER THAT WAS PRESENTED THAT WAS GONNA BE, UM, I THINK IT WAS 150,000 OR 160,000.
UM, BUT WHEN THE BUDGET ACTUALLY WENT THROUGH, I GUESS THAT NUMBER HAD CHANGED AND BEEN CUT IN HALF.
SO THIS IS JUST BRINGING THIS BACK TO BRING IT BACK TO WHERE IT WAS TO BE ABLE TO COVER THROUGH THE REMAINDER OF THIS FISCAL YEAR.
SO WE'RE NOT USING EVERYTHING IN, IN THE, UH, THAT'S THE ONE THING I DIDN'T GRAB TONIGHT.
WE'RE NOT USING EVERYTHING THAT'S IN OUR EMS BUDGET CORRECT? FOR PERSONNEL FOR THE SECOND BOX? UH, NO, WE'RE STILL, WELL AS WE WERE ADDED STAFF, WE'RE STAFFING THE MEDIC TWO AS WE'RE ABLE TO.
BUT SOME OF THE TIME WE DON'T HAVE A SECOND BOX ON THIS DEAL, SO WE HAVE TO PAY FOR THIS SOMEHOW.
SO EITHER IT COMES OUT OF OUR GENERAL FUND, WHICH AIN'T GOT A WHOLE LOT OF MONEY IN IT, OR WE START TAKING IT OUT OF THE EMS ACCOUNT THAT WE BUDGETED FOR CERTAIN ITEMS IN THAT WE'RE NOT SPENDING THAT MONEY ON TO HELP OFFSET THIS.
SO THAT'S WHERE I'M ASKING WHERE ARE WE PLANNING TO TAKE THE MONEY FROM FOR THE 114,000 PLUS WHATEVER WE NEED FOR THE REST OF THE YEAR? SHE SAID THE GENERAL FUND.
SO WE'RE NOT GONNA TOUCH, IS THERE MONEY IN THE EMS FUND THAT WE CAN USE TO OFFSET SOME OF THIS WITHOUT GOING TO THE GENERAL FUND? OR DID WE REALLY NOT PUT IN THE FUND FOR TWO AMBULANCES IN THE MS FUND WHEN EVERYTHING WAS ALL SAID AND DONE, THE DUST SETTLED.
EMS IS A PART OF THE GENERAL FUND.
BUT I MEAN, WE HAVE MONEY EARMARKED FOR CERTAIN THINGS.
LIKE IN THE STREET DEPARTMENT, WE PAY FOR X NUMBER OF DOLLARS FOR STREETS AND WE PAY X NUMBER OF DOLLARS FOR DRAINAGE.
AND THE EMS FUND, WE ARE PAYING X NUMBER OF DOLLARS FOR EMPLOYEES AND GAS AND FUEL AND ALL THAT.
SO SOME SAVINGS IN THE EMS DEPARTMENT, BUT THERE'S NOT ENOUGH TO COVER WHAT WE'RE ASKING FOR.
SO THERE'S NOT ENOUGH IN THERE TO, TO HELP PAY FOR SOME OF THIS.
SO WE DIDN'T BUDGET ENOUGH MONEY WHEN WE THOUGHT WE'D PUT TWO AMBULANCES IN.
[01:30:01]
SO, UH, IS THIS A, UM, A POTENTIAL EXPENDITURE WE COULD USE, UH, WE COULD ASK DMD FOR, I MEAN, WASN'T THAT WHAT DMD WAS CREATED FOR? WAS TO HELP WITH EMS FIRE, NOT A CAPITAL EXPENSE.SO DMD TYPICALLY COVERS THE CITY'S CAPITAL EXPENSES.
WELL THAT'S WHAT I WAS TRYING TO, I WAS TRYING TO MAKE SURE WE ALL WOULDN'T OVERSTEP IT, SO YEAH, THAT DOESN'T MAKE SENSE THEN.
WELL, IT ALSO SAYS SUPPLEMENT THE CITY BUDGET IF YOU LOOK AT THE ORIGINAL ARTICLES THERE.
SO I, I DON'T SEE A PROBLEM WITH IT.
DEREK, ARE WE GETTING CHARGED THE SAME WITH GYMS VERSUS LEAGUE CITY ON THE LAKE? WE'RE NOT, NO.
UM, SO LEAGUE CITY IS ACTUALLY A LITTLE LESS, BUT THEIR CONTRACT HAS A LOT MORE, I GUESS, REGULATIONS RULES TO IT.
UM, THE ONE THAT WE HAVE CURRENTLY WITH GALVESTON, I PERSONALLY THINK THAT IT NEEDS TO GO BACK FOR REVIEW BECAUSE THERE'S A LOT OF THINGS THAT WERE LEFT OUT THAT WERE SUGGESTED TO PUT IN THERE ORIGINALLY.
WELL AND THE ONE WITH GALVESTON COUNTY COUNSEL NEVER APPROVED IT ANYWAY.
DID HE? FOR THE HEALTH DISTRICT OR GALVESTON COUNTY? UH, UNINCORPORATED.
THE ONE THAT WE'RE BEING CHARGED FOR OFF OF THIS GALVES COUNTY HEALTH DISTRICT.
WE NEVER APPROVED THAT CONTRACT ANYWAY.
I THINK COUNTY VOTED ON THAT AND PUT IT INTO EFFECT.
'CAUSE THEY GOT TIRED OF COMING OVER HERE.
I THINK THAT IT WAS SIGNED AND SENT BACK TO 'EM.
SO IF LAKE CITY'S CHEAPER, THEY'RE ALSO CLOSELY, AND WITH THE CONSTRUCTION THAT'S FIXING TO HAPPEN ON 6 46, THEY, YOU'RE GONNA BE ABLE TO GET HERE A LOT QUICKER THAN WHEN THEY START TEARING UP 6 46 FOR THE 99 HIGHWAY PROJECT.
NO, THAT WAS, THAT WAS SOMETHING WE LOOKED AT MY UM, WE CAN DEFINITELY, UM, HOWEVER, OUR, OUR MUTUAL AID MAPS ARE, UM, I THINK IT'S SOMETHING THAT IF WE KIND OF START LEANING BACK ON THEM AGAIN TOO MUCH THAT THEY MAY COME BACK TO THE TABLE AND WANT TO INCREASE THAT AMOUNT.
BUT IT GIVES US ANOTHER AMBULANCE SERVICE TOO.
'CAUSE WHEN THE CONTRACT WAS SIGNED, MY UNDERSTANDING WAS WE CUT 'EM OFF COMPLETELY.
SO, I MEAN, IF THEY CAN SUPPLEMENT US AND HELP US GET HERE QUICKER ON CERTAIN CALLS, IT'D DEFINITELY BE TO OUR BENEFIT.
ESPECIALLY IF IT'S A CPR TYPE CALL.
WHERE YOU'RE, WHERE MINUTES ARE GOLDEN.
AND SO HOW MUCH, HOW MUCH ARE WE HAVING TO ADD? WHAT WAS IT AGAIN? THE DOLLAR AMOUNT? UH, I DON'T KNOW HOW MUCH I KNOW WE'RE, WE'VE GOTTA CHANGE OUT 114,000.
PLUS HOW MUCH MORE? 70 SOMETHING.
I BELIEVE WE ASKED FOR ADDITIONAL 115.
15 BECAUSE IT DOES VARY EVERY SINGLE MONTH.
UM, LAST MONTH WAS LIKE 19,000.
THE AVERAGE HAS BEEN AROUND 13,000.
I BELIEVE WE ASKED FOR 115 YES.
SO WE NEED TO MAKE, SO IT NEEDS TO BE THE 115 PLUS THE ONE WHERE WENT OH, THE 114.
UH, WILL BE THE END, THE TOTAL BUDGET AMOUNT.
SO WHAT DO WE NEED THIS TO? WHAT NUMBER DO WE NEED? 115,000 IS WHAT YOU NEED TO APPROVE IN ADDITION TO ADD TO THE BUDGET.
115 THEN 115 IS THE NUMBER CALL FOR.
ALRIGHT, SO, UH, IF THAT'S THE NUMBER ONE 15.
[7.B ORDINANCE NO. XXX-2025 - An Ordinance of the City of Dickinson, Texas, to amend Chapter 8, Licenses and Business regulations, of the City of Dickinson Code of Ordinances, by amending Section 8-131, entitled “Definitions”; providing a severability clause, a repealer clause, and an effective date.]
UH, AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS TO AMEND CHAPTER EIGHT, LICENSE AND BUSINESS REGULATION OF THE CITY OF DICKINSON.CODE OF ORDINANCES BY AMENDING SECTION EIGHT DASH 1 31 ENTITLED DEFINITIONS PROVIDING A SEVERABILITY CLAUSE, A REPEAL CLAUSE, AND AN EFFECTIVE DATE TO APPROVE.
I GOT A MOTION TO APPROVE BY COUNCIL MEMBER EDMONDS.
I'VE GOT A SECOND FROM COUNCIL MEMBER SCHICK.
UH, DO I HAVE ANY COMMENTS, QUESTIONS, CONCERNS? I GOT A QUESTION.
THE ONLY CHANGE IS WHAT'S UNDERLINED THE ABILITY, THE INABILITY OF THE OPERATOR OF THE MOTOR VEHICLE TO PRE PRESENT PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED BY STATE LAW.
I WANNA MAKE SURE I WAS CORRECT ON THAT.
ALRIGHT, ANY OTHER QUESTIONS? IF NOT ALL IN FAVOR? AYE.
[7.C RESOLUTION NO. XXX-2025 - A Resolution of the City Council of the City of Dickinson, Texas, Approving the Terms and Conditions of an Interlocal Agreement between the City of Dickinson, Texas, and Galveston County to partially fund improvements to city streets within the City of Dickinson's Corporate Boundaries; Providing for the Incorporation of Preamble; authorizing execution of the Interlocal Agreement by the City Manager; and providing an effective date.]
CA UH, NOPE.[01:35:01]
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF DICKINSON, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS, AND GALVESTON COUNTY TO PARTIALLY FUND IMPROVEMENTS TO CITY STREETS WITHIN THE CITY OF DICKINSON'S.CORPORATE BOUNDARIES PROVIDING FOR THE INCORPORATION OF PREAMBLE AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
DO I HAVE A MOTION? I STILL MOVE.
UH, ANY COMMENTS, QUESTIONS, CONCERNS ABOUT THIS? THIS IS ONE OF THE, UM, UH, GRANTS THAT WE WERE ON THE HOOK FOR, UM, THAT WE DIDN'T KNOW HOW WE WERE GONNA PAY FOR.
AND WE WENT TO, UH, WE FOUND OUT THAT THE BOND MONEY WAS PAYING FOR OUR PROJECT THAT WAS CLOSELY RELATED AND WE DID SOME EFFICIENT WORK IN THE GOVERNMENT.
I'D LIKE TO MAKE A COMMENT YEP.
BECAUSE I DON'T SEE A WHOLE LOT OF THING DURING THE PUBLIC COMMENT, BUT SOME OF Y'ALL DID.
WE HAVE BEEN MEETING WITH COMMISSIONER HANK SINCE, I GUESS JANUARY WHEN HE GOT ELECTED.
AND, UH, WE SAT DOWN WITH COMMISSIONER ARMSTRONG, UH, LAST WEEK.
AND WE SHOULD NOTE THAT WE, COUNCILMAN DOOGIE HAS BEEN HELPING US A WHOLE LOT AND THANK COMMISSIONER'S COURT FOR WHAT THEY DID AND WHAT THEY'RE DOING, HELPING US WITH THE COUNTY JUDGE AND ALL THE COMMISSIONERS BECAUSE THIS IS A GREAT HELP FOR US BECAUSE WE HAVE A BUNCH OF EXPENDITURES AND THIS IS PROBABLY THE MAIN ONE THAT IF WE TURN THIS ONE DOWN, IT WAS GONNA COST US A WHOLE LOT OF MONEY DOWN THE ROAD.
SO THIS WAS A GREAT HELP FROM ALL OF THE, THE COUNTY JUDGE AND COMMISSIONERS FOR HELPING US WITH THIS ONE PROJECT AND ALL THE OTHER ONES THAT ARE IN THE BOND ISSUES THAT PASSED IN MAY.
AND, UH, OTHER ONES THAT WE HAVE COMING UP.
YEAH, I, LIKE I SAID, I DON'T THINK WE CAN THANK, THANK THEM ENOUGH.
WHAT, UH, SO ALL IN FAVOR? AYE.
[7.D RESOLUTION NO. XXX-2025 - A Resolution of the City Council of the City of Dickinson, Texas appointing Primary and Alternate Representatives to the Gulf Coast Transit District Board of Directors for the FY 2025- 2026 period; and providing an effective date.]
DA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS APPOINTING PRIMARY AND ALTERNATE REPRESENTATIVES TO THE GULF COAST TRANSIT DISTRICT BOARD OF DIRECTORS FOR THE FY 2025 TO 2026 PERIOD AND PROVIDING AN EFFECTIVE DATE.DO I HAVE A MOTION, UH, CLARIFICATION? YEP.
YOU'RE LISTED AS THE PRIMARY RIGHT NOW ON THAT BOARD.
SO MY QUESTION IS, IS DO YOU WANT TO STAY THERE? THAT'S FINE.
SO JUST TO CLARIFY, THEY REACHED OUT TO ME IN THE PAST.
IT WAS ALWAYS SEAN SKIPWORTH AND THEO MILSON WAS THE SECONDARY.
I WENT TO THE TECH CITY OFFICE FOR THE BOARD MEETING THIS AFTERNOON.
I'VE BEEN GOING TO THESE MEETINGS FOR THE PAST FOUR YEARS TO REPRESENT THEM AND REPRESENT THE CITY.
THEY DID NOT, THEY DIDN'T HAVE A QUORUM, SO WE DIDN'T HAVE A MEETING.
BUT, UH, THEY WANTED US TO UPDATE OUR REPRESENTATIVES FOR THE CITY.
UH, IN THE PAST IT WOULD BE THE MAYOR AND THE CITY MANAGER AS THE ALTERNATE.
I GO TO MOST OF THESE MEETINGS ANYWAY, SO HOWEVER Y'ALL WANT TO APPOINT IT, BUT WE JUST NEED TO, UH, TO FILL OUT THE RESOLUTIONS FOR THE TRANSIT DISTRICT.
I MOVE THAT WE, UH, APPOINT, UH, THE MAYOR AS THE PRIMARY AND OUR CITY MANAGER AS THE SECRETARY OR ALTERNATE, EXCUSE ME.
ANY DISCUSSION? YOU SECOND THAT I DID? UH, COUNCIL MEMBER SIMPSON.
MAYOR IN THE FUTURE, IF YOU EVER DECIDE YOU THAT BOARD INTERFERES WITH YOUR OTHER STUFF, I DO HAVE AN INTEREST TO SERVING THERE.
WELL, ANY OTHER COMMENTS, QUESTIONS, CONCERNS? ALL IN FAVOR? AYE.
UH, RESOLUTION OF THE CITY COUNCIL, UH, WHICH IS SEVEN D, YES OR NO, SORRY.
[7.E RESOLUTION NO. XXX-2025 - A Resolution of the City Council of the City of Dickinson, Texas, approving a change order to the City’s existing contract with Reytec Construction Resources, Inc., for substitution of an impressed current Cathodic Protection System in lieu of a Galvanic Anode Cathodic Protection system in the Hughes Road Project.]
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF DICKINSON, TEXAS APPROVING A CHANGE ORDER TO THE CITY'S EXISTING CONTRACT WITH RYTECH CONSTRUCTION RESOURCE, INCORPORATED FOR SUBSTITUTION OF AN IMPRESSED CURRENT, UH, CATHARTIC, UH, PROTECTION SYSTEM IN LIEU OF A GALVANIC AND ANNOYED, ANNOYED, ANNOYED, CATHARTIC PROTECTION SYSTEM IN THE HUGHES ROAD PROJECT.SO MOTION TO DISCUSS FOR PURPOSES OF, UH, DISCUSSION.
SECOND THAT FOR PURPOSES OF DISCUSSION.
I ADDED THIS, UH, ITEM TO THE AGENDA TO RECEIVE SOME DIRECTION FROM THE CITY COUNCIL AS TO HOW TO PERCEIVE, HOW TO PROCEED WITH THE, UH, WITH THE HUGHES ROAD PROJECT.
UH, WE HAVE HEWITT ZALES, OUR ENGINEERS HERE.
MRS. MES, WOULD YOU LIKE TO STEP UP?
[01:40:06]
MAYOR AND COUNCIL? THANK YOU FOR HAVING US.UM, WE HAVE A, A CATHARTIC PROTECTION SYSTEM IS SOMETHING THAT RUNS ALONG, UH, A WATERLINE PIPE UNDERNEATH THE RAILROAD SYSTEM, WHICH WAS REQUIRED AS PART OF THE RAILROAD PERMIT THAT WE ACQUIRED IN THE TWO LOCATIONS WHERE THE PROJECT, UM, IS CROSSING OVER A RAILROAD.
THE CONTRACTOR CA RAY TECH CAME TO US AND OUR DESIGN AS SHOWN IN THE PLANS IS FINE AND IT WORKS, BUT THEY SUGGESTED SOME IMPROVEMENTS THAT WILL GREATLY REDUCE FUTURE MAINTENANCE.
SO THIS, UM, MODIFIC WILL COME OUT OF THE CONTINGENCY THAT'S ALREADY IN THE GRANT.
SO NO CITY FUNDS WILL BE SPENT IF YOU DO APPROVE THIS, AND I CAN GET INTO ALL THE TECHNICAL DETAILS IF YOU WANNA HEAR THEM, BUT ABOUT CATHARTIC PROTECTION SYSTEMS. BUT MS. MES, IF WE DO NOT MOVE FORWARD WITH THIS PROTECTION, WILL WE HAVE TO ANNUALLY PAY FOR THE RAILROAD TO INSPECT THIS EACH YEAR? YES.
AND HOW MUCH, WHAT'S THAT? ABOUT $5,000 EACH MONTH OR EACH YEAR? I'M SORRY, COST PER MONTH FROM THE RAILROAD TO INSPECT, UH, FOR THE, FOR THE PREVIOUS, FOR THE PREVIOUSLY DESIGNED SYSTEM, UH, ONLY LAST FOR LIKE 10 TO 15 YEARS.
SO THIS SYSTEM LASTS FOR 30 TO 40 YEARS.
BUT HE'S ASKING ABOUT INSPECTION BY THE RAILROAD.
UH, THAT IS A STANDARD RATE THAT WE HAD TO DO FOR BOTH SYSTEMS. INSPECTION IS NECESSARY, NEEDED FOR BOTH, BUT THE COST IS, UH, THE COST OF REPLACING THE SYSTEM IS GOING TO BE EXPENSIVE FOR THE CITY AFTER 10 TO 15 YEARS IF WE DON'T APPROVE THIS, UH, CHANGE ORDER.
SO THE COST ASSOCIATED WITH THE UPR TESTING IS ABOUT $3,500 PER YEAR.
UH, PLUS, UH, PLUS THE POWER CHARGE SO THAT THAT REMAINS CONSISTENT.
SO THESE HAVE SACRIFICIAL ODES ON EACH SIDE AND THE ONES THAT WE DESIGN ARE SACRIFICED QUICKER THAN THE ONES THAT THE CONTRACTOR IS RECOMMENDING, WHICH WILL MAKE THE SYSTEM LAST LONGER, WHICH WILL REDUCE FUTURE MAINTENANCE.
'CAUSE YOU HAVE TO REPLACE THE SACRIFICIAL SACRIFICIAL ANODES.
CAN YOU, UM, I I I COULDN'T QUITE HEAR HOW MUCH LONGER IS THE, OF THE LIFESPAN OF THE GALVANIC AD NODE CATHARTIC PROTECTION SYSTEM? 15 TO 30 15.
SO THE DESIGN, THE SYSTEM WE DESIGNED WAS FOR A 15 YEAR LIFESPAN, AND THE ONE THAT THEY'RE PROPOSING IS FOR A 30 YEAR LIFESPAN.
SO DOES IT GO ON THE WATER LINE OR DOES IT GO ON THE METAL CASING THAT Y'ALL PUTTING CASING AROUND THE WATER LINE LINE OR THE SEWER LINE OR YOUR CULVERTS UH, STORM SEWER.
SO UNDERNEATH THE RAILROAD WE'RE GONNA HAVE THE CONCRETE DEAL, BUT THEN WE'RE GONNA HAVE A STEEL CASING, A METAL CASING AROUND THE, THE CONDUIT, UH, UNDER THE RAILROAD.
SO ALL OF YOUR, ALL YOUR DRAINAGE PIPES ARE STEEL AND THEY'RE NOT CONCRETE UNDERNEATH? WE ARE, YES.
JUST, JUST THE PART THAT GOES UNDER THE RAILROAD AND THE PIPELINE EASEMENT OR THE HAVE A STEEL 60 INCH PIPE, CORRECT? YES.
AND IT CONVERTS TO CONCRETE ON EITHER SIDE? THAT'S CORRECT.
SO, SO THE, THE PIPE WE'RE SHAKING.
SO WHEN I READ THIS, YOUR CATHARTIC PROTECTION DOES NOT USE ELECTRICITY.
IF I TAKE THE WAY THE NEW SYSTEM WORKS, WE'RE GONNA HAVE TO PUT POWER METERS, HAVE METERS, AND RUN ELECTRICITY AND PUT A POST TO HOLD, UH, THE LIGHT METER TO PAY THE LIGHT BILL, CORRECT? YEAH, THAT'S CORRECT, SIR.
IT RUNS OFF ELECTRICITY INSTEAD OF THE REGULAR GALVAN GALVAN ONES WHERE YOU PUT 'EM IN AND THEY JUST DETERIORATE ON THEIR OWN.
SO HOW MUCH IS IT GONNA COST US PER MONTH ON THE ELECTRIC BILL FOR THAT? 'CAUSE WE'RE, WHO'S GONNA HIRE THE ELECTRICIAN TO DO THE WORK? ARE WE GONNA HIRE 'EM OR ARE THEY GOING TO I LOOKED, I LOOKED INTO THE COST AND THEY CAN'T EVEN ESTIMATE THE COST UNTIL WE ACTUALLY HAVE THE POWER TREE.
AND, AND WHO'S GOING TO PAY FOR THE ELECTRICIAN TO COME IN AND WIRE PUT IN THE, THE TAP AND ALL THAT STUFF AND HOOK IT UP? THAT THAT'S A PART OF THIS, THAT'S A PART OF THIS MONEY THAT WE'RE, THAT WE'RE ASKING FOR.
NOW THAT'S A PART OF THE OVERALL PROJECT MONEY AS WELL AS, ONE THING I THINK THAT WE'VE FORGOTTEN TO TALK ABOUT IS WHEN WE HAVE THIS ANNUAL INSPECTION WITH THE RAILROAD, WE HAVE TO HIRE RAIL PROS, THE FLAGGERS, ALL THE OTHER STUFF THAT COMES WITH IT, AND SHOULD WE MOBILIZE THEM AND THEN WE HAVE TO STOP.
THERE'S ALL THOSE PROBLEMS THAT WE HAVE TOO.
SO IT'S, I THINK ONE THING THAT WE NEED TO CAPTURE HERE IS THE DIFFICULTY IN DEALING WITH THE RAILROAD ANNUALLY FOR THOSE INSPECTIONS AS WELL.
AND I THINK THAT GOT LEFT OUT AND
[01:45:01]
I WANTED TO MAKE SURE THAT WE DISCUSS, SO IF WE DO THIS, THEN WE DON'T HAVE TO DO AN ANNUAL INSPECTION.WELL, THERE'S AN INSPECTION, BUT THEY DO IT EXTERNALLY.
THERE'S A MONITORING SYSTEM THAT THEY'RE ABLE TO LOOK AT, COME OUT, LOOK AT IT AND SAY, OKAY, WE'RE GOOD.
AS, AS OPPOSED TO CLOSING A LANE.
AS OPPOSED TO CLOSING A LANE AND BLOCKING TRAFFIC AND GOING IN THERE PHYSICALLY.
I DON'T HAVE NO PROBLEM WITH ALL THAT.
I KIND OF GATHERED THAT FROM WORKING IN THE PLANTS.
I WAS JUST TRYING TO VERIFY WHAT ALL WE'RE PAYING FOR AND IF I READ THE PAPERWORK RIGHT, SO, WHICH IS MORE SUSCEPTIBLE TO PHYSICAL DAMAGE, SOMETHING BURIED IN THE GROUND OR THAT CATHARTIC PROTECTION THAT'S ABOVE THE GROUND, UH, BECAUSE OF THE SOILS AROUND, UH, GARVE AREA IS VERY CORROSIVE NATURE THAT WILL CUT, THAT WILL CUT OUT THE STEEL PIPE.
SO WE HAVE TO USE THIS SYSTEM TO NOT TO, TO PROTECT THE PIPE.
IS IT ABOVE GROUND? WHAT, UH, THE TEST BITS WILL BE? BELOW GROUND IS YOU CAN'T REALLY SEE ANYTHING, UH, ANY STRUCTURE ABOVE THE GROUND EXCEPT THE METER, THE POWER METER THAT WE ARE GOING TO HAVE FROM THE TEXAS NEW MEXICO PUBLIC WORKS OR SOMEBODY IS GONNA, WE'RE GONNA HAVE TO HAVE A MAINTENANCE AND SUSTAINMENT CYCLE LIKE THAT'S GONNA BE BUILT INTO SOMETHING.
WE'RE GONNA HAVE TO GO PHYSICALLY CHECK, WE ARE GOING TO HAVE TO MAINTAIN THIS, THIS MONITORING SOFTWARE OR MONITORING SYSTEM AND THE ELECTRICAL TREE AS THEY CALL IT, OR WHATEVER THE, THE, THE BREAKOUT.
I THOUGHT ONLY THE RAILROAD COULD DO THAT BECAUSE IT'S SITTING ON RAILROAD PROPERTY.
WE, WE ARE GOING TO BE THE CUSTOMER AND WE'RE GONNA BE LOOKING AT IT AND MAKING SURE THAT IT'S WORKING AND PHYSICALLY, I DON'T KNOW WHAT THAT CYCLE LOOKS LIKE, BUT IT'S VERY NOMINAL AND VERY EASY.
A WHOLE LOT EASIER THAN DEALING WITH RAIL PROS AND HAVING THEM COME OUT DEAL OR A CONTRACTOR FOR THE RAILROAD.
AND WE SAID WE'RE NOT SPENDING ANY CITY MONEY, RIGHT? THIS IS ALL COMING FROM THE GRANT ITSELF, BUT IT'S THE CONTINGENCY FUND.
SO IF SOMETHING POPS UP, DOES THAT ABSOLUTE MOST IMPORTANT THING THAT I THINK THAT WE WANNA MAKE SURE THAT WE UNDERSTAND HERE.
THIS UPGRADE IS A PART OF THE CONTINGENCY.
SHOULD WE DECIDE, SHOULD WE NOT DO THIS WHERE THE CITY IS GONNA BE FUNDING EVERY YEAR AFTER THIS FOR ALL THESE MAINTENANCE AND SUSTAINMENT DEALS AND DEALING WITH THE RAILROAD EVERY SINGLE TIME.
BUT THIS IS THE FIRST CHANGE ORDER, CORRECT? MATT? THIS IS THE FIRST ONE THAT NEEDS, THAT NEEDS A DECISION BEING MADE ON WHAT WE COULD DO.
THIS IS THE FIRST ONE THAT HAS AN OPTIONAL UH, UM, YES OR NO, WE DON'T HAVE TO DO IT BASICALLY.
WE COULD GO WITH THE MINIMAL AMOUNT THAT WAS IN THE CONTRACT ORIGINALLY THAT HAS A, A LOT LESS OF A LIFESPAN AND A WHOLE LOT HIGHER MAINTENANCE AND SUSTAINMENT CYCLE.
I DON'T HAVE A PROBLEM DOING IT BECAUSE THIS ONE IS GOOD FOR 40 OR 50 YEARS COMPARED TO THE ONE THAT'S 10 TO 15 YEARS.
BUT WE UNDERSTAND THERE'S A CAUSE I GUESS MY, MY QUESTION ON THE REASON FOR ASKING THAT QUESTION IS THIS IS THE FIRST SIGNIFICANT CHANGE ORDER WE'VE HAD IN THE WHOLE PROJECT.
THIS IS THE FIRST SIGNIFICANT CHANGE ORDER THAT WE CAN SAY YES OR NO TO THE OTHER ONES.
THE CHANGES ARE SIMPLY, HEY, WE DUG THIS AND WE NEEDED THIS MUCH MORE FEET THAN WE HAD ORIGINALLY THOUGHT.
OR WE HAD A, UM, A CREDIT WHERE, WHERE WE ACTUALLY DIDN'T, WE PAID FOR MORE THAN WE THOUGHT WE WERE GONNA NEED.
SO THERE'S BEEN ADJUSTMENTS BEFORE THAT.
SO I DON'T WANNA SAY NO TO THAT.
'CAUSE THERE'S BEEN SEVERAL ADJUSTMENTS.
THERE IS THE FIRST CHANGE ORDER THAT WE COULD COME TO Y'ALL AND SAY, HEY, WE DON'T HAVE TO DO THIS.
ALL THE OTHER ONES, WERE PRETTY MUCH, YOU'VE GOT NO CHOICE.
I THINK THAT WAS THE WHOLE POINT OF THE CONTINGENCY FUND.
THIS ONE HERE'S MORE OR LESS A NO-BRAINER.
IF YOU'RE, IF YOU'RE USED TO, SURE.
SEEMS IT TO ME, THAT KIND OF PROTECTION IT SURE SEEMS IT TO ME, BUT WE STILL WANTED TO PUT IT IN THE HANDS OF I UNDERSTAND COUNSEL TO MAKE THAT DECISION.
ALRIGHT, WELL, ANY OTHER, UH, QUESTIONS, COMMENTS, CONCERNS? IF NOT ALL IN FAVOR? AYE.
[7.F Consideration and possible action to adjust the City Council schedule to hold City Council Regular meetings on the 2nd and 4th Tuesday of each month.]
F CONSIDERATION AND POSSIBLE ACTION TO ADJUST THE CITY COUNCIL SCHEDULE TO HOLD CITY COUNCIL REGULAR MEETINGS ON THE SECOND AND FOURTH TUESDAY OF EACH MONTH.UH, MAYOR, CAN I ASK FOR A MOTION TO SUSPEND THE RULES TO ACTUALLY DISCUSS THIS ITEM, UH, IN EXECUTIVE SESSION UNDER CONSULTATION WITH THE CITY ATTORNEY, UH, FOR THE SECOND AND FOURTH TUESDAY? UH, YES, SIR.
I, I, I UNDERSTAND THAT WOULD SEEM ODD, BUT ACTUALLY, UH, CAME ACROSS SOME INFORMATION TODAY THAT, UH, THAT I WOULD LIKE TO BE ABLE TO DISCUSS WITH MY CLIENT, UH, IN CONFIDENCE.
GOTTA MOVE THE MOTION TO SUSPEND THE RULES.
ANY OPPOSED? A ALL RIGHT, SO I GOT, UH,
[01:50:01]
TWO NOS.ALRIGHT, THE OTHER ONE, KEVIN.
ALRIGHT, UH, WELL THEN IF THAT'S THE CASE, THEN THAT TAKES US
[8. EXECUTIVE (CLOSED) SESSION(S)]
INTO OUR NUMBER EIGHT EXECUTIVE SESSION.SO WE WILL CLOSE THIS THING DOWN AT 7 54.
[9. ACTION ITEMS FROM EXECUTIVE (CLOSED) SESSION(S)]
UH, ABOUT SEVEN F OF WHAT WE DISCUSSED, JUST SO WE ONCE AGAIN SPEAK TO THE TRANSPARENCY.UM, A COUNCIL MEMBER HAS PUT THIS ON THE AGENDA AND WHAT THAT ACTUALLY TRIGGERED WAS US FINDING OUT THAT THE PREVIOUS, UH, ADMINISTRATION, UM, NEVER FULFILLED THE SECOND READING OF THE ORDINANCE.
THEREFORE, WE SHOULD HAVE BEEN DOING TWO MEETINGS EVERY MONTH.
SO THERE'S NO, UH, THERE'S NO REQUIREMENTS TO DO ANYTHING.
SO NEXT MEETING WILL BE IN TWO WEEKS AT SEVEN O'CLOCK ON, UH, THE SECOND TUESDAY OF THE NEXT MONTH.
UH, AND THEN THE LAST THING IS THE NINE A.
UM, ALRIGHT, SO 10 FUTURE AGENDA ITEMS IS, OH, GO AHEAD.
WE NEED TO DO THAT NOW, BUT WE GOTTA GO BACK AND FINISH UP THAT TRAINING.
I'LL, I PROMISE TO MAKE IT FAST.
LET'S, ALRIGHT, SO NINE, NINE BII DO HAVE A QUESTION THOUGH.
WHAT'S THAT? BEFORE WE GO TO THE TRAINING, WE ALREADY WERE GONNA HAVE A WORKSHOP SCHEDULED FOR, UM, BUDGET, OR AT LEAST I GOT A, A TEXT FROM ALAN ABOUT A WORK.
SO, SO DO WE JUST MAKE THAT AN OFFICIAL MEETING NOW INSTEAD OF A WORKSHOP? OR DO WE DO WORKSHOP AND MEETING WORKSHOP BEFORE THE MEETING, WHICH IS MAKE IT PART OF THE MEETING? YEAH.
SO WE'LL JUST MOVE THAT AND GET A NEW AGENDA SENT OUT AND, ALRIGHT, COOL.
[3. ANNOUNCEMENTS AND PRESENTATIONS (Part 2 of 2)]
TRAINING.YOU SAID YOU WERE MAKE IT FAST, SIR.
YOU SAID YOU WOULD MAKE IT FAST.
ACTUALLY, I WAS PUTTING MYSELF TO SLEEP WHEN I WAS
I WAS LOOKING TO CROSS IT, EVERYBODY, I WAS LIKE, OH GOD, HERE WE GO.
I'M YOUNG, BUT I CAN ONLY SIT SO LONG.
SO WE WERE LAST TALKING ABOUT WHAT CONSTITUTES A CONFLICT OF INTEREST.
AND I WENT OVER THE, UH, KIND OF THE TWO PRONG TEST.
AND SO IF BOTH PRONGS ARE MET, THEN LET'S TAKE A LOOK AT WHAT MUST BE DONE.
IF BOTH PRONGS ARE MET, THEN THERE ARE SOME TRIGGERS, OR I'M SORRY, SOME DUTIES THAT ARE TRIGGERED.
UM, AND THESE ARE PRONGS MET FOR THE OFFICIAL OR A RELATIVE OF THE OFFICIAL.
AND SO LET'S TAKE A LOOK AT THE, UH, THE DUTIES THAT ARE TRIGGERED.
UH, TWO OF THEM, THERE HAS TO BE THE FILING OF AN AFFIDAVIT NOW, NO MAGIC WORDS OR ANYTHING, BUT BASICALLY JUST AN AFFIDAVIT THAT STATES THE NATURE OF THE INTEREST.
AND THAT'S FILED WITH THE CITY SECRETARY.
SO THAT'S, UH, DUTY NUMBER ONE.
DUTY NUMBER TWO IS THAT THE CONFLICTED MEMBER OF COUNCIL THEN IS NOT ALLOWED TO, UH, PARTICIPATE IN THE DELIBERATION DISCUSSION OF THE ITEM, UH, NOR OBVIOUSLY THE VOTE, UH, AS WELL.
AND, UH, AS I ALWAYS, UH, YOU KNOW, ADVISE MY, MY BOARDS WHEN I GIVE THIS TRAINING VOLUNTARY RECUSAL IS SOMETIMES APPROPRIATE.
SOMETIMES YOU'LL HAVE A SITUATION WHERE IT IS NOT A LEGAL CONFLICT OF INTEREST, IT JUST DOESN'T HAVE A GOOD LOOK.
YOU KNOW, MAYBE THE OPTICS, YOU KNOW, ARE NOT GREAT, RECUSE YOURSELF, YOU KNOW, SO THAT'S PERFECTLY FINE TO DO.
YOU CAN ABSTAIN FROM THE VOTE OR RECUSE YOURSELF ENTIRELY, YOU KNOW, STEP OUT OF THE, THE ROOM EVEN IF YOU DIDN'T HAVE TO.
AND THAT'S JUST TO AVOID THE MERE APPEARANCE OF IMPROPRIETY.
UH, A FEW OTHER ETHICAL CONSTRAINTS JUST TO, UH, KINDA WALK THROUGH, UH, VERY QUICKLY.
UH, AS YOU KNOW, OR HOPEFULLY, YOU KNOW, STATE LAW PROHIBITS ACCEPTING ANY ITEM, AND BY, BY THIS I MEAN A MONETARY NON-CASH ITEM WORTH $50 OR MORE, OR MONEY, CASH IN ANY AMOUNT, UH, WILL GET YOU IN TROUBLE WITH THE, UH, THE BRIBERY STATUTES.
AND THEN, UH, AS I MENTIONED EARLIER, THE CITY HAS ITS OWN CODE, CODE OF ETHICS IN CHAPTER TWO OF THE CODE OF ORDINANCES.
AND, UH, A FEW KIND OF RULES TO CHARITY PICK FROM THAT.
UH, CANNOT ACCEPT A GIFT THAT, UH, I PUT IN QUOTES THERE MIGHT REASONABLY TEND TO INFLUENCE SUCH OFFICER IN THE DISCHARGE OF SUCH PERSON'S OFFICIAL DUTIES.
OKAY? SO THAT'S KIND OF A, YOU KNOW, IT'S GONNA BE, UM, A QUESTION THAT TAKES SOME, SOME JUDGMENT, UH, YOU KNOW, THAT SORT OF THING.
UH, MEMBERS OF COUNCIL ARE SPECIFICALLY, UH, PROHIBITED FROM REPRESENTING
[01:55:01]
OR APPEARING ON BEHALF OF, UH, PRIVATE INTERESTS OF ANY TYPE EXCEPT FOR AN HOA, UH, SOME OTHER RULES.CAN'T USE THE OFFICIAL POSITION TO SECURE SPECIAL PRIVILEGES FOR ONESELF.
UH, CANNOT DISCLOSE CONFIDENTIAL INFORMATION, UH, CAN'T VOTE ON A FUND REQUEST FOR BY A NONPROFIT ORGANIZATION IF THAT MEMBER OF COUNCIL SERVES ON THE BOARD OF THAT NONPROFIT, UH, ORGANIZATION, AND THEN CANNOT VOTE ON ANY, UH, LAND USE MATTER INVOLVING LAND WITHIN.
SO, SO THIS IS, YOU KNOW, AS WE TALKED ABOUT EARLIER, IF IT'S A, A REZONING, A REQUEST, UH, FOR YOUR OWN LAND, OBVIOUSLY, YOU KNOW, YOU HAVE A OWNERSHIP INTEREST IN THAT LAND, AND SO THEREFORE, YOU KNOW, YOU'RE NOT GONNA GET TO, UH, TO VOTE ON IT.
BUT, UH, THIS LAST BULLET POINT EXPANDS ON THAT YOU CAN'T VOTE ON A LAND USE, UH, MATTER INVOLVING THE LAND THAT IS WITHIN 200 FEET OF YOUR LAND.
AND SO, AND THIS, JUST, JUST SO I'M CLEAR, THIS IS NOT ONLY COUNCIL, THIS IS ALSO OUR BOARDS AND COMMISSIONS.
THAT, THAT LAST BULLET POINT, NOT ALL OF THOSE, BUT THAT LAST ONE, UH, IT, THERE THERE ARE ACTUALLY A NUMBER OF BOARDS AND COMMISSIONS LIKE P AND Z, UH, AND, AND, UH, BOA, UH, TO WHICH THAT APPLIES.
AND SO, UH, VERY COMMONLY, A POTENTIAL CONFLICTS QUESTION WILL INVOLVE A LOT OF FACTS.
SO PLEASE, IF YOU HAVE JUST ANY INCLINATION THAT THERE MIGHT BE AN ISSUE, GIVE ME A CALL.
THE, UH, THIRD PART, JUST, UH, AND I'M SURE YOU GUYS HAVE, UH, GONE THROUGH OPEN GOVERNMENT TRAINING, BUT I'LL JUST, UH, HIT THIS, UH, REALLY QUICKLY.
UH, TWO MAJOR STATUTES FOR OPEN GOVERNMENT, UH, IN TEXAS.
THE FIRST ONE IS TOMA, TEXAS OPEN MEETINGS ACT.
AND AS YOU KNOW, THIS REQUIRES THAT, YOU KNOW, IN ORDER TO HAVE A MEETING, UH, THAT IS A QUORUM OF THE, THE BODY, UM, THEN YOU POST THE AGENDA FOR THAT MEETING.
UH, IF YOU DON'T HAVE A QUORUM, THEN YOU DON'T GET TO MEET.
AND SO, AND YOU'RE ALSO NOT ALLOWED TO HAVE COMMUNICATIONS TYPICALLY IN A CHAIN OF COMMUNICATIONS THAT WILL, UH, EACH COMMUNICATION INVOLVES A NUMBER LESS THAN A QUORUM.
BUT BY THE TIME YOU STRING ALL OF THOSE COMMUNICATIONS TOGETHER, NOW YOU'VE INVOLVE, YOU KNOW, A QUORUM OF THE BODY.
THAT'S WHAT'S, YOU KNOW, KNOWN AS A WALKING QUORUM, YOU KNOW, CAN'T DO THAT.
UH, DON'T DISCUSS CITY BUSINESS IN A SETTING WHERE A QUORUM IS PRESENT.
SO IT'S NOT SO MUCH THAT YOU CAN'T BE IN A ROOM TOGETHER, YOU KNOW, IN NUMBERS THAT CONSTITUTE A QUORUM.
IT IS BEING THERE AS A QUORUM AND DISCUSSING CITY BUSINESS.
UM, SO THAT'S WHY WE ALSO, AS Y'ALL HAVE SEEN, WHENEVER I SEND OUT EMAILS TO THE COUNCIL, I PUT, UH, EACH OF Y'ALL'S, YOU KNOW, EMAIL ADDRESSES IN THE THE BCC LINE.
'CAUSE THAT PREVENTS AN INADVERTENT REPLY.
ALL THAT WOULD THEN, YOU KNOW, COULD BE CONSTRUED AS DELIBERATION AMONGST AT LEAST A QUORUM OF THE, OF THE BODY THAT COULD GET YOU IN TROUBLE.
UH, AND, AND, AND AS I MENTIONED, CAN ONLY DISCUSS ITEMS ON THE AGENDA THAT WAS POSTED IN ADVANCE.
UH, RIGHT NOW TOMA REQUIRES 72 HOUR ADVANCE, UH, NOTICE.
AND SO THAT'S GOING TO BECOME THREE BUSINESS DAYS.
AND SO THAT, THAT NOTICE PERIOD IS ACTUALLY, UH, BEING EXPANDED BY, UH, BY THE LEGISLATURE.
UH, IN OTHER WORDS, OUR, OUR, SO IN OTHER WORDS, OUR AGENDA'S GONNA HAVE TO BE, OUR OFFICIAL AGENDA IS GONNA HAVE TO BE POSTED ON A, UH, THURSDAY WEDNESDAY.
SO YOU HAVE THURSDAY, FRIDAY AND MONDAY, OR DOES TUESDAY COUNT AS A BUSINESS DAY SINCE YOU'RE MEETING THAT NIGHT? THAT, THAT'S ACTUALLY A VERY GOOD QUESTION.
UH, I WAS IN A, UH, A, A TEAMS DISCUSSION WITH AREA CITY ATTORNEYS AND THERE IS SOME DEBATE AS TO, YOU KNOW, LIKE, WHAT CAN 72 HOURS? THAT'S VERY CLEAR.
BUT WHEN YOU START CALLING BUSINESS DAYS.
SO IF YOU POST IT AT FOUR 30, THAT'S STILL DURING YOUR BUSINESS HOURS, YOU KNOW, SO THAT'S A BUSINESS DAY.
AND SO WE'RE, WE'RE STILL HASHING THAT OUT, BUT YES, POTENTIALLY WEDNESDAY AT THE VERY LATEST THURSDAY IN ADVANCE OF THE FOLLOWING TUESDAY MEETING.
I MEAN, 'CAUSE 4TH OF JULY IS ON A FRIDAY, SO THAT TAKES OUT ONE BUSINESS DAY.
IF, IF THERE ARE RIGHT CHRISTMAS.
AND, AND THERE THERE'S ALSO SOME, UM, SOME DEBATE AS TO, WELL, WHEN YOU START LOOKING AT HOLIDAYS, YEAH, CHRISTMAS, THANKSGIVING, ESPECIALLY THANKSGIVING, WELL, THOSE HOLIDAYS, THEY'RE PRETTY CLEAR BECAUSE DIFFERENT GOVERNMENTAL ENTITIES ARE GOING TO OBSERVE THOSE HOLIDAYS.
BUT THEN YOU START GETTING INTO ISSUES WHERE SOME GOVERNMENTS, SOME ENTITIES OBSERVE THIS HOLIDAY, SOME DO NOT.
I MEAN, FOR EXAMPLE, YOU KNOW, LAST WEEK DICKINSON WAS CLOSED FOR JUNETEENTH LEAGUE CITY WAS NOT.
AND SO VETERAN'S DAY, THAT'S ALSO HIT AND MISS SOME ENTITIES CLOSED FOR THAT, SOME DO NOT.
AND SO THAT'S ALL BEING HASHED OUT.
[02:00:01]
THE, THE, UH, RESTRICTION OF DISCUSSION, HAVING TO RELATE TO AN ITEM ON THE POSTED AGENDA.THAT'S WHY WHENEVER, UH, THE COUNCIL HAS THE PUBLIC COMMENT, UH, PORTION OF THE MEETING, THAT'S WHY YOU, YOU SOMETIMES HEAR THAT LANGUAGE THAT SAYS, OKAY, WELL THE COUNCIL CAN'T DISCUSS THOSE THINGS THAT ARE BROUGHT UP.
AND THAT'S WHY, BECAUSE YOU CAN'T ANTICIPATE WHAT A MEMBER OF THE PUBLIC'S GONNA GET UP AND TALK ABOUT.
AND ONCE THE COUNCIL STARTS ENGAGING AND TALKING WITH THAT PERSON ABOUT THAT TOPIC, WHICH OBVIOUSLY WASN'T ON THE AGENDA, NOW IT'S ARGUABLY A VIOLATION OF TOOMA BECAUSE YOU'RE TALKING ABOUT SOMETHING NOT POSTED IN ADVANCE.
SO THAT'S WHY THAT THAT RULE EXISTS.
UM, TOOMA PROVIDES FOR CRIMINAL SANCTIONS, OF COURSE, YOU KNOW, WE KNOW THAT WE'RE NOT EVER GONNA HAVE TO WORRY ABOUT THIS, BUT, UH, THEY ARE, UH, BETWEEN A HUNDRED DOLLARS AND 500 FINE CONFINEMENT IN JAIL FOR 30 TO 180 DAYS.
SO THAT'S A CLASS B MISDEMEANOR.
AND THEN, UH, UPON TAKING OFFICE, YOU HAVE 90 DAYS TO COMPLETE THE OPEN MEETINGS TRAINING, UH, WHICH I THINK IS A VIDEO PUT OUT BY THE AGS OFFICE.
I SAY, AND I THINK THAT TRAINING IS EVEN MORE BORING THAN THIS TRAINING
WE REFER TO IT AS THE PIAA REQUEST, YOU KNOW, UNDER THAT IS API R.
AND SO JUST PLEASE UNDERSTAND THAT RECORDS, UH, THAT ARE HELD BY THE CITY, THE COUNCIL, INDIVIDUAL MEMBERS OF THE COUNCIL, THEY ARE PRESUMED, THERE IS A PRESUMPTION THAT THEY ARE, UH, PUBLIC RECORDS.
UH, AND SO IF IT'S A PUBLIC RECORD, THEN THEY HAVE TO BE RETAINED.
THEY HAVE TO BE MADE AVAILABLE, YOU KNOW, UPON REQUEST BY A PERSON WHO MAKES THAT, THAT PIR.
AND SO, UM, OF COURSE, THE CITY HANDLES THAT.
THE CITY SECRETARY'S OFFICE, UH, IS THE LEAD, UH, OFFICE THAT HANDLES PIR.
UM, AND SO PAY ATTENTION TO THAT.
NOW, SOMETHING THAT'S, UH, SOMETIMES IS A POINT OF CONFUSION, UM, UH, MEMBERS OF GOVERNING BODIES WILL WONDER, WELL, WHAT IF IT'S INFORMATION OR A DOCUMENT THAT IS ON MY PERSONAL PHONE OR MY PERSONAL COMPUTER, YOU KNOW, SO CITY RESOURCES, YOU KNOW, DID NOT PAY FOR IT IN ANY WAY.
UH, IF IT IS A RECORD THAT PERTAINS TO CITY BUSINESS, THAT IS STILL A PUBLIC RECORD, OKAY? THAT IS STILL A PUBLIC RECORD.
BUT WHAT HAPPENS WHEN THERE IS A PIR THAT WOULD REQUEST SUCH RECORD, YOU KNOW, TO ALLAY THE FEARS OF THOSE OF Y'ALL THAT MAYBE CARRY TWO PHONES, A PERSONAL PHONE AND A, A CITY PHONE.
YOU KNOW, THERE IS, THERE HAS BEEN IN THE PAST SOME FEAR AMONGST, YOU KNOW, CITY EMPLOYEES.
NOT THIS, JUST THIS CITY, BUT ALSO, YOU KNOW, OTHER PUBLIC OFFICIALS THAT, WELL, GOSH, IF I HAVE JUST ONE PHONE, IT'S MY PERSONAL PHONE AND I CONDUCT CITY BUSINESS ON IT, AND A PIR COMES IN, THEN THAT MEANS THAT, YOU KNOW, I HAVE TO HAND MY PHONE OVER AND PEOPLE GET TO GO, NO, NO, NO, NO SUCH THING.
IF IT'S YOUR PERSONAL DEVICE, BUT YOU DO CITY BUSINESS ON IT, AND A REQUEST COMES IN FOR RECORDS THAT WOULD BE CONTAINED ON THAT DEVICE, YOU ACTUALLY ARE DESIGNATED BY THE PIA AS A TEMPORARY CUSTODIAN OF THOSE RECORDS.
SO THE ONUS IS ON YOU, THE OBLIGATION IS ON YOU TO PRODUCE THOSE RECORDS TO LIKE THE CITY SECRETARY TO RESPOND TO THAT PIR.
BUT IF IT'S YOUR PERSONAL DEVICE, YOUR PERSONAL PHONE, NO, NO ONE'S GONNA COME AND SEIZE THAT AND LOOK THROUGH ALL YOUR STUFF, OKAY? THAT THAT'S NOT GONNA HAPPEN.
SO, YOU KNOW, PLEASE DON'T WORRY ABOUT THAT.
THAT'S WHY I CARRY THE ONE AND ONLY PHONE BECAUSE CARRYING TWO PHONES JUST SEEMS LIKE A PAIN IN THE NECK.
UH, PIA ALSO PROVIDES FOR, UH, CRIMINAL SANCTIONS.
SO PLEASE DON'T DO ANY OF THOSE THINGS, UH, BAD FINE, BAD CONFINEMENT IN JAILS.
AND THE SAME, UH, FINISH YOUR, YOUR TRAINING WITHIN 90 DAYS, THE END.
BUT THERE'S A BONUS WHEN YOU COMPLETE YOUR MEETING AGENDA.
YOU'VE DONE ALL THE ITEMS AND STUFF, THERE IS NO NEED FOR A MOTION SECOND AND VOTE TO ADJOURN.
THE CHAIR CAN JUST GAVEL ADJOURNMENT.
I THINK THAT'S MORE OF A HABIT THAN ANYTHING.
WE GOT, UH, NEW, UM, WHERE TO GO.
FUTURE ITEMS, 10 FUTURE ITEMS.
[10. FUTURE AGENDA ITEMS]
YES.ANY FUTURE ITEMS THAT WE'D LIKE TO DISCUSS TO PUT ON THE AGENDA OR NOT DISCUSS? ANY ITEMS WE'D LIKE TO TELL THE, UH, CITY SECRETARY, CITY, UH, MANAGER TO PUT ON THE AGENDA? MAYOR? YES.
UH, CAN I PLEASE REQUEST A SPECIAL MEETING FOR JULY 4TH, I MEAN JULY 1ST FOR THE JULY 4TH FIREWORKS, UH, ORDINANCE.
THAT'S BEEN FIRST READING TODAY.
THAT NEEDS A SECOND READING IN ORDER TO BE THAT IT DENIED.
[02:05:01]
WAS DENIED.I THOUGHT WE DID IT ON THE FIRST TIME THE AMENDMENT PASSED.
SO YOU, WE PASSED THE AMENDMENT TO, TO PUT THE AMENDMENT TO CHANGE THE ACTUAL, THE MAIN MOTION.
SO THE MAIN MOTION WAS AMENDED YES.
BY A SUCCESSFUL MOTION TO AMEND.
BUT THEN THAT MAIN MOTION AS AMENDED ACTUALLY FAILED WHEN IT HAD ITS VOTE BY A VOTE OF THROUGH THE FORM.
THAT'S EXACTLY WHAT, AND THAT'S EXACTLY WHAT HAPPENED THE LAST TIME WE TRIED TO DO THIS.
THEY AMENDED THE MOTION, IT GOT APPROVED, AND THEN THEY VOTED DOWN THE AMENDED MOTION.
SO THIS IS TWICE THAT'S HAPPENED.
I WOULD, UH, CHASE, I WOULD REALLY WOULD LIKE TO HEAR FROM THE VARIOUS DEPARTMENT HEADS KIND OF A STATUS REPORT.
THEY DON'T ALL HAVE TO BE AT ONE MEETING.
PERIODICALLY, MAYBE QUARTERLY OR SOMETHING WE COULD HEAR FROM EACH ONE.
I THINK AT THE LAST MEETING, UM, THERE WAS A QUEST FOR HR POLICY TO BE DISCUSSED IN THE NEXT, UH, MEETING.
AND IT DIDN'T MAKE IT TO THIS AGENDA IS FOR THE PERSONNEL POLICY.
YEAH, I ALSO ASKED FOR THE UDC, BUT YOU ANSWERED THAT, THAT YOU HAD SENT IT TO THE P AND Z.
AND THEN ALSO AT THE LAST MEETING, THERE WAS THE FIRST READING OF A, A ZONING CHANGE FOR 40 15 DICKINSON AVENUE.
AND WE NEED TO DO A SECOND READING ON THAT.
THE RAINBOW SHOPPING CENTER AT 1266 AND FIVE 17.
MAKE IT TO THE AGENDA TONIGHT.
WE GET CAN WE GET THAT ONE ON? YEAH.
I HAVE ONE I WANNA PUT ON THERE FOR DISCUSSION AND POSSIBLE ACTION TO, UM, INCREASE THE BOARD SIZE ON THE DICKINSON MANAGEMENT DISTRICT, THE NUMBER OF BOARD MEMBERS.
WELL THEN IF THAT'S THE CASE, NUMBER 11, MEETING IS ADJOURNED.