>> [INAUDIBLE] 4/24 AT THIS TIME,
[00:00:02]
I WILL ASK[CALL TO ORDER]
DO I HAVE A QUORUM?>> CAN I PROCEED WITH THE WORKSHOP THE FORM OR DIRECTLY?
[WORKSHOP]
>> THIS TIME, WE WILL PROCEED TO THE WORKSHOP ON [INAUDIBLE] DIRECTLY A OF SLIDE.
I NEED YOU TO GET UP AND THAT OKAY.
>> I'M GOING TO START OUT TALKING ABOUT OPEN GOVERNMENT THE TEXAS OPEN ACT, THE TEXAS PUBLIC INFORMATION ACT, THE OPEN RECORDS ACT [INAUDIBLE].
AND FROM CORA TO THE PUBLIC INFORMATION ACTIONS STILL MEMBER THE OPEN RECORDS. WE'RE GOING TO TALK TODAY.
MY VOICE DOESN'T CARRY VERY WELL.
IS THAT YOU'LL HEAR ME OKAY? IT'S NOT WORKING. [INAUDIBLE] YOU THINK I'M OKAY TO KEEP TALKING? NO THAT I'M GOING TO RUN OUT OF TIME HERE.
I DON'T THINK THIS IS GOING TO TAKE AN HOUR AND A HALF.
I THINK THIS IS THE FOURTH TIME THAT ALL HAVE HAD THIS PRESENTATION IN THE LAST THREE YEARS, IF THAT'S CORRECT, SOME OF THIS IS GOING TO BE FAMILIAR TO SOME OF YOU.
STARTING WITH THE OPEN MEETINGS ACT, ALL REGULAR SPECIAL AND CALLED MEETINGS OF THE GOVERNMENTAL BODY SHALL BE OPEN TO THE PUBLIC, EXCEPT AS PROVIDED BY THE HALF.
IF YOU HAVE THE GOVERNMENTAL BODY AND THAT BODY IS MEETING, THEN IT'S SUBJECT TO THE ACT.
[00:05:01]
EITHER DELIBERATION ABOUT THE GOVERNMENTAL BODIES PUBLIC BUSINESS OR FORMAL ACTION TAKEN BY THE GOVERNMENTAL BODY OR AN OPPORTUNITY PROVIDED BY THE GOVERNMENTAL BODY FOR MEMBERS TO ASK ABOUT SPEAKER, LISTEN TO INFORMATION RELATED TO PUBLIC BUSINESS IS HOW A MEETING IS DEFINED BY THE ACT.A GATHERING OF A QUORUM AT A SOCIAL EVENT IS NOT A MEETING AS LONG AS NO FORMAL ACTION IS TAKEN, AND THERE'S NO DISCUSSION OF PUBLIC BUSINESS UNLESS IT'S JUST INCIDENTAL TO THE AUTHORIZED EVENT.
THAT SAID, THAT'S A PLACE WHERE COUNSEL HAS TO BE VERY CAREFUL ABOUT THE CONVERSATIONS THAT YOU HAVE WITH ONE ANOTHER IN THOSE TYPE OF EVENTS, AND WHERE CITY STAFF IS AWARE THAT ONE OF THESE EVENTS IS HAPPENING WHERE THERE'S POTENTIALLY GOING TO BE A QUORUM, EVEN THOUGH THERE'S NO EXPECTATION THAT A MEETING OCCURS, WE GENERALLY OR STAFF GENERALLY TRIES TO POST A POSSIBLE QUORUM NOTICE.
IN ORDER TO HAVE AN ACTUAL QUORUM, AND I THINK THAT'S A PLACE WHERE THERE'S A LITTLE DISCONNECT ISN'T THE RIGHT WORD, THAT WE HAVE A QUORUM FOR SOME PURPOSES.
IT'S NOT ALWAYS A FORUM FOR OTHER PURPOSES.
BUT WHEN WE KNOW THERE'S GOING TO BE A QUORUM SOMEPLACE AT A SOCIAL GATHERING, FOR EXAMPLE, WE WOULD USE THE THREE RULE FOR A QUORUM, EVEN THOUGH THAT WOULDN'T SUFFICE FOR SPECIAL CALLED MEETING.
SO UNDER 220 OF 39, IT'S A MAJORITY OF THE NUMBER OF ALDERMAN, WHICH WE CALL COUNCIL MEMBERS, ESTABLISHED BY 22 OF 31, FOR THE MUNICIPALITY CONSTITUTES A QUORUM.
AT A CALLED MEETING OR WHEN THERE'S TAXES, IT HAS TO BE TWO THIRDS OF THE NUMBER OF ALDERMAN.
NOW, THERE'S A LITTLE BIT OF CONFLICTS, PROBABLY NOT THERE'S A LITTLE BIT OF CONFUSION WHEN YOU READ THE STATUTE IN CHAPTER 22 FOR READING 031 AND 039 TOGETHER.
O31 SAYS, IF THE MUNICIPALITY IS NOT DIVIDED INTO WARDS, THE GOVERNING BODY CONSISTS OF A MAYOR AND FIVE ALDERMAN WHO ARE ELECTED.
BUT IN 22 OF 39, WHEN WE TALK ABOUT A FORUM, IT TALKS SPECIFICALLY ABOUT TWO THIRDS OF THE NUMBER OF ALDERMAN.
SO THE MAYOR DOES NOT COUNT FOR THE FORUM IN THAT BECAUSE OF 22OF 39.
>> I THINK THE OTHER PART [INAUDIBLE] THE PERCEPTION.
SO PARTYING [INAUDIBLE] AND SAY THREE OF US ARE AT A PARTY, AND WE'RE NOT TALKING ANYTHING ABOUT BUSINESS, BUT WE'RE IN TOGETHER.
AND SO, YOU KNOW, BUDBY AND MYSELF AND RANDY ARE TALKING AND THERE'S OTHER PEOPLE THAT ARE SEEING THAT.
THEY DON'T KNOW WHAT WE'RE TALKING ABOUT, BUT THEY COULD SEE.
>> NO, BECAUSE YOU'RE NOT POSTED ON SPECIFIC TOPIC.
A NOTICE OF POSSIBLE QUORUM THAT HE A QUORUM OF THE CITY COUNCIL MAY EXIST IN THIS SITUATION.
>> [INAUDIBLE] TWO OF DISCUSS [INAUDIBLE].
>> AGAIN, COUNTS THAT PROCESSION [INAUDIBLE], BUT HE DID.
THAT'S THE REASON IS FOR PROCESSION SAID PREVIOUSLY TOGETHER TALKING ABOUT THIS SUPPOSED STILL BE A VIOLATION.
AT LEAST THE FACT THAT WE'RE ALL THERE.
THERE ARE SOME PEOPLE LIKE YOU [INAUDIBLE] SAY THAT'S NOT THAT THEY'RE BEING PAID.
[00:10:06]
[INAUDIBLE] POSITIVE BUT SOMEBODY WHO MIGHT BE MIGHT BE PAYING ATTENTION TO THAT PART.EITHER ONE OF THOSE TALK TO ANOTHER PERSON NEXT.
>> YEAH. THEN YOU HAVE A WALKING QUORUM AND WE STILL HAVE A PROBLEM.
>> THAT'S THAT'S PART OF THE PROBLEM TOO ABOUT ANY TWO OF YOU TALKING ABOUT A TOPIC.
YOU DON'T KNOW IF THE OTHER PERSON HAS TALKED TO ANOTHER COUNCIL MEMBER ABOUT IT ALREADY.
OUT OF AN ABUNDANCE OF CAUTION TO AVOID A WALKING QUORUM, PROBABLY BEST NOT TO HAVE THOSE CONVERSATIONS.
BUT THAT'S WHERE THE BOUNDS ARE.
AND I'LL ALSO SAY THE RULE ON WALKING QUORUMS HAS CHANGED THE LAW AND THE STATUTE WAS AMENDED HEAVILY.
I WANT TO SAY IN 2019 AND 2017 AFTER THERE WAS A BIG CASE OUT OF ALPINE PROBABLY 15 YEARS AGO NOW WITH THE COUNSEL ON A WALKING FORM AND THAT SORT OF THING.
IT'S ALWAYS KIND OF A MOVING TARGET, I SEE THIS ALL THE TIME ABOUT WHEN WE WRITE POLICIES, WHERE THE LAW IS, WHERE WE WRITE OUR POLICIES HERE, AND THE LAW IS HERE, BECAUSE WE WANT OUR POLICIES TO KEEP US WELL AWAY FROM THAT LINE BECAUSE DUE TO COURT DECISIONS, THE LINE SHIFTS FROM TIME TO TIME, THAT MAKES SENSE OR IF I'VE JUST GONE OFF INTO THE ABSTRACT.
IF THE MAYOR IS ABSENT, THE MAYOR [INAUDIBLE] ACTS IN THE MAYOR'S ABSENCE OR PRESIDENT PRO TEMPER, AS IT IS CALLED IN THE STATUTE IN CHAPTER 22.
THEN FOR REGULAR MEETINGS AT THE PARKER CITY COUNCIL IS THE MAYOR PLUS THREE COUNCIL MEMBERS.
AND THIS SAYS 44 COUNCIL MEMBERS.
BECAUSE THE MAYOR PRO [INAUDIBLE] RETAINS VOTING RIGHT, I THINK THAT'S ACTUALLY JUST THREE COUNCIL MEMBERS IS QUORUM.
THE SAME IS TRUE FOR THE NEXT TIME.
IF WE HAVE MEMBERS WHO LEAVE, AND I KNOW THIS IS SOMETHING THAT'S BEEN AN ISSUE, THAT WE'RE BOUND IN TIME BECAUSE WE KNOW WE'RE GOING TO LOSE A COUNCIL MEMBER, SO WE HAVE TO FINISH BUSINESS BECAUSE ONCE WE HAVE A QUORUM AND WE'RE RIGHT OUT OF FORUM ONCE A COUNCIL MEMBER LEAVES, AND THE MEETING ENDS.
THE NOTICE REQUIRED BY THE TEXAS OPEN MEETINGS ACT IS THAT WE GIVE NOTICE OF THE DATE, THE HOUR OF THE PLACE AND THE SUBJECTS TO BE CONSIDERED AT THE MEETING THAT WE WILL BE DISCUSSED.
THAT'S WHY WHEN YOU HAVE PEOPLE COME IN AND PUBLIC COMMENT TO TALK ABOUT THINGS THAT ARE NOT POSTED ON THE AGENDA, YOU CAN'T RESPOND TO THEM.
COUNSEL CAN'T RESPOND TO THEM OTHER THAN TO ASK FOR IT TO BE PLACED ON THE FUTURE AGENDA OR ASK FOR INFORMATION TO BE BROUGHT BACK FROM STAFF.
>> SPECIFIC GUIDANCE ON THE SPECIFICITY [INAUDIBLE].
>> THERE'S NOT A LOT OF GUIDANCE ON THE SPECIFICITY OF SUBJECT MATTER.
WHAT THE AG'S RULE IS IS THAT IF YOU HAVE POSTED WITH GREATER SPECIFICITY ON YOUR AGENDA, YOU CANNOT SUBSEQUENTLY POST WITH LESS SPECIFICITY.
THE MORE SPECIFIC WE GET, THE MORE SPECIFIC WE STAY THE HOTEL, CALIFORNIA MEETING POSTINGS.
SO IF WE'VE BEEN SPECIFIC, WE CONTINUE TO BE SPECIFIC.
AND IT SAYS GENERALLY 72 HOURS BEFORE A MEETING AND THE CAVEAT IS, IF THERE'S AN EMERGENCY, THEN YOU ONLY HAVE TO HAVE 2 HOURS BEFORE THE MEETING FOR IT TO BE POSTED.
IT NEEDS TO BE POSTED ON THE BOTION BOARD, AND IF THE CITY HAS A WEBSITE, WHICH PARKER DOES, THEN IT IS POSTED ON THE CITY WEBSITE.
FOR CLOSED MEETINGS, THERE ARE REQUIREMENTS FOR CLOSED MEETINGS IF IT'S ALLOWED UNDER THE CHAPTER, AND THERE ARE, I THINK, LIKE 25 YES, 25 FACT SPECIFIC EXCEPTIONS TO THE REQUIREMENT THAT MEETINGS BE OPENED TO THE PUBLIC.
THEN THE PRESIDING OFFICER HAS TO ANNOUNCE THAT THE CLOSED MEETING WILL BE HELD AND IDENTIFY THE SECTIONS UNDER WHICH IT'S TO BE HELD.
THEY'RE LIMITED. CLOSED SESSIONS ARE LIMITED ONLY TO THE PURPOSE OF DISCUSSION OR DELIBERATION.
IF THERE'S ANY VOTE OR FINAL ACTION, THAT ACTUALLY HAS TO BE CONDUCTED IN THE OPEN MEETINGS IN THE OPEN MEETING PART, IF YOU COME OUT OF EXECUTIVE SESSION OR CLOSED SESSION, YOU CAN HAVE A VOTE.
THE MOST COMMON EXCEPTIONS ARE THE TWO OF THE ONES THAT ALL COMMON SEE, ATTORNEY CONSULTATIONS AND DELIBERATIONS ABOUT PERSONNEL MATTERS AND DELIBERATIONS ABOUT REAL PROPERTY ARE ANOTHER ONE THAT ARE VERY COMMON
[00:15:02]
FOR A LOT OF MUNICIPALITIES TO HAVE A CLOSED SESSION.IT REQUIRED THAT THERE A CERTIFIED AGENDA OR RECORDING, AND IT HAS TO BE PRESERVED FOR AT LEAST TWO YEARS.
THE COUNSEL HAS THE RIGHT TO GO INTO CLOSED SESSION ON ANY ITEM POSTED ON THE AGENDA.
SO THAT IS TO SAY, IF THERE WERE, FOR EXAMPLE, A REAL PROPERTY ITEM ON THE AGENDA, AND IT WASN'T POSTED AS AN EXECUTIVE SESSION POSTING, YOU CAN GET TO THAT POINT AND SOMETIMES SOMETIMES THIS HAPPENS.
IT'S USUALLY THE ATTORNEY WHO SAYS, I CAN'T RESPOND TO THAT IN OPEN SESSION.
IF WE NEED TO DISCUSS IT, WE HAVE TO GO INTO CLOSED, AND THEN THE PRESIDING OFFICER CAN CALL A CLOSED MEETING AT THAT TIME, GO INTO CLOSED, AND COME BACK OUT TO CONTINUE AND AS RELATIVELY INFREQUENT, IF THAT HAPPENS.
>> [INAUDIBLE] THE CERTIFIED REPORTING [INAUDIBLE] TYPICALLY DURING A COP MEETING MINUTES ARE TAKEN FOLLOWING STING, THE MINUTES ARE REMANDED AND APPROVED CERTIFIED AVER [INAUDIBLE].
>> CORRECT. IT DOESN'T COME BACK.
THE EXECUTIVE SESSION MINUTES, THE REQUIREMENTS FOR THOSE MINUTES FOR THE CERTIFIED AGENDA, IT'S REALLY JUST A CERTIFIED AGENDA [INAUDIBLE] I WOULD SAY GENERALLY IT REFLECTS LARGELY WHAT THE EXECUTIVE SESSION POSTING LANGUAGE IS.
THEN THEY THEY ARE SEEN BY THE MAYOR.
THE MAYOR SIGNS THEM, AND THEN THEY ARE TED AWAY BY THE CITY SECRETARY.
CORRECT. IT'S NOT THAT EXCITED OR WHATEVER. I'LL TELL YOU.
>> AS FAR AS I KNOW, THE ATTORNEYS HAVE ALWAYS TAKEN A SEAT.
>> THE MAYOR. I'M SORRY, NOT THE MINUTES, THE CERTIFIED AGENDAS.
THERE ARE THERE AREN'T MINUTES.
I'M SORRY. I MISSPOKE IT WAS CERTIFIED AGENDA.
>> NO, IT'S REALLY THE CERTIFIED AGENDA IS WHAT I'M GENERALLY TALKING ON.
>> IN THE CERTIFIED AGENDA IS GENERAL [INAUDIBLE]
>> THE CERTIFIED AGENDA HAS LIKE YOU SAID, THE POSTING IS VERY GENERAL.
IF IT'S, FOR EXAMPLE, IF WE'RE TALKING ABOUT SOMETHING UNDER THE ATTORNEY EXCEPTION, IF WE'RE TALKING ABOUT ANTICIPATED OR POTENTIAL LITIGATION, THAT SORT OF THING, THEN I WILL INCLUDE LIKE, SPECIFICALLY WHAT THE TOPIC IS, NOT MINUTES, BUT WHAT SPECIFIC ITEM IS BEING DISCUSSED.
IT'S BEEN A PRACTICE OF THE CITY TO DO IT THAT WAY.
IN OTHER CITIES THAT I HAVE WORKED IN, I HAVE NEVER BEEN RESPONSIBLE FOR DOING THE CERTIFIED AGENDA.
IN TERMS OF WHO ACTUALLY SEES THOSE, I THINK IT'S COMMON THAT IT'S AN ERA THAT SIGNS THEM, I HAVE NOT LOOKED SPECIFICALLY AT THE ABILITY OF THE REST OF THE COUNCIL TO REVIEW THE CERTIFIED AGENDA.
I DON'T KNOW WHY THERE WOULD BE, BUT NOW I'M SPECULATING.
[00:20:47]
>> THEY'RE ACTUALLY QUITE WRONG ON THIS ONE.
>> THERE HAVE HAS BEEN A CHANGE PROBABLY IN THE LAW ON THAT ABOUT WHAT CAN BE REALLY ABOUT NOTE TAKING.
I WOULDN'T SAY IT'S RECOMMENDED, BUT WHAT YOU CANNOT DO IS DISCLOSE A CERTIFIED AGENDA.
YOU CAN'T UNLAWFULLY DISCLOSE CERTIFIED AGENDA, SO YOU CAN'T JUST TAKE IT AND GIVE IT TO SOMEONE.
I CAN'T JUST TAKE IT AND GIVE IT TO SOMEONE THAT.
THAT'S A GREAT QUESTION BECAUSE I THINK YOUR QUESTION IS SPECIFICALLY ABOUT THE COUNSEL, BUT IT CAN'T BE RELEASED TO PUBLIC.
THE CERTIFIED AGENDA, I WOULD HAVE TO HAVE A JUDGE ORDER A RELEASE.
>> I HAD YOU SAID EARLIER, THE CERTIFIED AGENDA IS ESSENTIALLY WILL [INAUDIBLE].
>> I SAID IT HAS IT HAS MORE DETAIL ON IT, BUT IT IS NOT A DETAILED DECISION.
>> TAKE NOTES AND I REMEMBER FOR YOU THAT SHE DID BECAUSE IT GOES INTO GREAT DETAIL ABOUT SAYING, IF YOU TAKE THOSE NOTES, HOW IT IS THERE AND THEN SHARE A NOTE TO SOMEBODY ELSE WHO JUST LOST, SO VERY SPECIFIC AND WHAT RISK YOU'RE TAKING IF YOU TAKE NOTES IF IT IS NO ALLOWED.
>>WHICH ISN'T REALLY LIMITED TO THE NOTES EITHER.
IT'S LIKE IT'S THE INFORMATION.
IT'S NOT THE FACT OF WHETHER IT'S WRITTEN DOWN OR WHETHER IT'S CONTAINED VERBALLY, THAT'S STILL A SIGN OF A RISK OF TAKE.
I WOULD NEED TO RESEARCH THAT SPECIFIC QUESTION.
[00:25:32]
>> IF THERE ARE THE CONSEQUENCES IN THE EVENT THAT THERE'S NOT PROPER NOTICE FOR A MEETING, THEN THE ACTIONS TAKEN IN THAT MEETING, THEY'RE NOT VOID, THEY ARE VOIDABLE.
INDIVIDUALS CAN SUED PREVENT THREATENED ACTIONS IN VIOLATION OF THE ACT, AND IMPROPERLY NOTICED, ACTIONS MAY BE RATIFIED IN A SUBSEQUENT MEETING WHERE THE SUBJECT MATTER IS PROPERLY NOTICED.
SORRY, I WAS JUST THINKING ABOUT SOME THING SOMEONE TOLD ME THE OTHER DAY IN ABOUT THE DIFFERENT CITY, BUT A KNOWING VIOLATION COULD LEAD TO INDIVIDUAL CRIMINAL PENALTIES IF THERE'S A FAILURE TO KEEP A CERTIFIED AGENDA, IF THE CERTIFIED AGENDA OR RECORDING IS UNLAWFULLY DISCLOSED, OR IF ANYBODY PARTICIPATES IN AN ILLEGAL CLOSED MEETING OR PARTICIPATION IN A LAWFUL FORUM.
HERE WE ARE. WE MOVE BACK AROUND TO THE WAKING FORUM, AND IT'S ABOUT THE PROHIBITED SERIES OF COMMUNICATION WHERE A COUNCIL, A MEMBER OF A GOVERNMENTAL BODY COMMITS AN OFFENSE IF THEY ENGAGE IN AT LEAST ONE COMMUNICATION AND A SERIES OF COMMUNICATIONS THAT OCCUR OUTSIDE OF PROPERLY POSTED MEETING RELATED TO GOVERNMENTAL BUSINESS OR IN THIS CASE, CITY BUSINESS, AND THEY KNEW THAT THAT CONVERSATION WAS BASICALLY A FORUM, THE WHOLE CONVERSATION, AND IT WOULD CONSTITUTE A DELIBERATION.
ONCE A FORM OF THE MEMBERS ENGAGED IN A SERIES OF COMMUNICATIONS. THAT IS THE WAY IT IS.
>> YOU AND I TALK ABOUT SOMETHING [BACKGROUND].
>> I'VE ASKED HAVE YOU TALKED MINUTES. [OVERLAPPING].
>> AND THAT'S SOMETHING WE DO SOMETHING LIKE THAT DOWN THAT CONVERSATION PLAY TO IT COULD BE A MONTH LATER.
HOW IN THE WORLD [BACKGROUND].
>> I DON'T THINK THE ENTIRETY OF THE STATUTE IS HERE.
I THINK IT HAS MORE TO DO WITH WHO IS SEQUENTIAL? IF YOU KNOW SOMEBODY WHO'S HAVING A CONVERSATION WITH OTHER PEOPLE ABOUT THE SAME ISSUE YOU'RE ALL BOARD, THE PERSON THAT YOU'RE TALKING TO DOESN'T EVEN HAVE TO BE A MEMBER OF THE GOVERNMENT BODY.
YOU TALK THIS IS A PERIL THAT THE MANAGERS RUN INTO.
IF THEY MEET REGULARLY WITH ALL THE COUNCIL MEMBERS AND THEY TALK ABOUT ALL THE SAME ISSUES AND THEY START TALKING ABOUT WHERE THEY'RE MEETING ON CERTAIN ISSUES AND THAT SORT OF THING.
THE OTHER PROBLEM WITH IT IS THAT SOMETIMES YOU CAN TELL FROM THE QUESTIONS SOMEBODY ASKED, HOW THAT MEETING WENT.
THERE'S JUST A REAL DANGER IN HAVING THOSE CONSISTENT SEQUENTIAL CONVERSATIONS.
AN OFFENSE UNDER THAT SECTION IS PUNISHABLE BY A FINE NOT LESS THAN $100 OR MORE THAN 500 AND FOR CONFINEMENT IN JAIL OR BOTH.
I THINK THAT THIS IS IMPORTANT TOO.
IT'S NOT JUST WHAT YOU SAY IN PERSON.
IT'S NOT JUST WHAT YOU SAY TELEPHONE CALLS, THE EMAILS, THE TEXT.
THERE MAY BE EXCHANGES AND TEXTS BETWEEN TWO MEMBERS AND PHONE CALL, WITH DIFFERENT COMBINATION OF MEMBERS, AND ALL THOSE ARE PROBLEMATIC.
IT'S NOT THAT YOU HAVE TO SEE, YOU HAVE TO BE IN PERSON WITH ONE ANOTHER.
JUST BRIEFLY ON THE TEXAS PUBLIC INFORMATION ACT.
[00:30:01]
AND IT REFERENCES IT'S REALLY RECORDS OF ALL FORM.WHEN YOU LOOK AT THE STATUTE NOW, SOME OF THE INFORMATION IN IT IS REALLY TALKS ABOUT LIKE MAGNETIC DISKS AND THINGS LIKE THAT, AND IF IT'S ON WRITTEN ON BELLUM OR SILK OR JUST THINGS THAT WE DON'T SEE COMMONLY, BUT THE EMPHASIS IS HOWEVER INFORMATION IS RECORDED, WHETHER IT'S VIDEO, AUDIO, ETC, ANY FORM THAT INFORMATION TAKEN IN IS COVERED BY 552.
THE MOST SIGNIFICANT THING FOR COUNCIL MEMBERS IS THIS NOTION OF TEMPORARY CUSTODIAN.
THAT ANY CURRENT OR FORMER GOVERNMENTAL EMPLOYEE OR OFFICIAL, IF YOU ARE DOING CITY BUSINESS ON YOUR PERSONAL DEVICES, ON YOUR PERSONAL COMPUTER, ON THE PERSONAL PHONE OR IF YOU'RE USING YOUR PERSONAL EMAIL TO DO CITY BUSINESS, THAT INFORMATION IS STILL GOVERNMENTAL RECORDS.
YOU ARE A TEMPORARY CUSTODIAN OF PUBLIC DOCUMENT AND WHERE THAT COMES INTO PLAY, AND THE GOVERNMENTAL ENTITY THEN, IT RECEIVES A REQUEST FOR THAT INFORMATION, HAS TO MAKE REASONABLE EFFORTS TO OBTAIN THE PUBLIC INFORMATION FROM THE TEMPORARY CUSTODIAN.
WE DO THAT WHEN IT'S BEEN REQUESTED FROM THE GOVERNMENTAL BODY, WHEN THE OFFICER FOR PUBLIC INFORMATION HAS REASONABLY BELIEVE THAT THE TEMPORARY CUSTODIAN HAS POSSESSION CUSTODY OR CONTROL OF THAT INFORMATION, AND THE OFFICER FOR PUBLIC INFORMATION CAN'T OBTAIN THAT INFORMATION ANY OTHER WAY.
ASSUMING, OF COURSE, THE TEMPORARY CUSTODIAN HADN'T PROVIDED THE INFORMATION TO THE OFFICER.
IF YOU GET INFORMATION, I HAVEN'T TALKED TO PATTY ABOUT THIS BEFORE.
MY RECOMMENDATION [LAUGHTER] HAS ALWAYS BEEN SINCE THE TEMPORARY CUSTODIAN PROVISION WAS CODIFIED, THAT IF YOU ARE RECEIVING INFORMATION THAT IS ON YOUR PERSONAL EMAIL, YOU CAN FORWARD THAT TO THE CITY SECRETARY, SORRY, PATTY OR SAFE KEEPING, YOU ALL HAVE CITY EMAILS TO FORWARD IT INTO YOUR CITY EMAIL.
THEN IT'S NOT A MATTER OF HAVING TO SEARCH THROUGH IT LATER.
BUT IF IT HAPPENS AT THE TIME, IF SOMEBODY CONTACTS YOU THAT WAY, THE EASIEST WAY TO KEEP UP WITH IT SO THAT YOU ALL ARE CONTACTED 18 MONTHS FROM MAIL, BY SOMEBODY SAYING, HEY, DO YOU HAVE ANY OF THESE CONVERSATIONS, YOU JUST SEND IT OVER AND THEN IT'S SEARCHABLE THROUGH THE CITY SYSTEM.
DID YOU KEEP THAT IN YOUR CITY EMAIL.
[LAUGHTER] YOU CAN TAKE THOSE SCREEN CAPTURES AND JUST EMAIL TO YOUR CITY EMAIL.
I THINK WHATEVER IS THE EASIEST WAY TO GET IT INTO YOUR E MAIL IS THE BEST PRACTICE TO HAVE BECAUSE IT'S THE MOST LIKELY THAT WE'RE GOING TO [BACKGROUND] I DON'T THINK I WOULDN'T CONSIDER IT A WALKING FORUM, BUT I WOULDN'T CONSIDER IT. [LAUGHTER]
>> THAT IS THAT YOU'RE NOT GOING TO DO ANY OR A ORDINANCES FOR ANY TYPE OF RESOLUTION BASED ON THE SAME ACCOUNT.
THAT'S NOT WHAT IS FORM OR WHERE IS IT? YOU SAID I SAW ON THE AGENDA THAT THERE ARE FEDERAL ITEMS ON [INAUDIBLE].
NOW YOU'RE GETTING TO A GRAY AREA YOU'RE TALKING ABOUT ITEMS THAT ARE ON THE AGENDA, SO YOU START TALKING ABOUT AGENDA ITEMS. [INAUDIBLE]
BUT I MAINTAIN IT IS CITY INFORMATION SUCH THAT IF SOMEONE REQUESTED, HEY, I WANT TO KNOW ABOUT ANY CONVERSATIONS BETWEEN CITY COUNCIL MEMBERS, JUST AS SIMPLE AS THAT, I WANT ALL CONVERSATIONS BETWEEN COUNCIL MEMBERS ON THIS DATE, THEN THAT'S RESPONSIVE TO THAT.
[00:35:05]
>> IS IT PUBLIC INFORMATION? IS IT QUORUM? I DON'T THINK THAT SPECIFICALLY DAY ON BY THE JUDGE, BUT I WILL CONFESS THAT I'M NOT FAMILIAR WITH EVERY TETRA THE PRESS ROOM? YES. AND WE'RE GOING FROM HERE TO THE REST ROOM, THE CLASSROOM AND THEN WE'RE TALKING ABOUT THE STUFF THERE YOU TALKED ABOUT 50 FEET OVER HERE.
SOMEONE ELSE IN THE RESTROOM AND ALL OF THE PEOPLE TALKING ABOUT THAT.
GOBS, SO IN REALITY, THAT SHOWS I'M TAKING.
SO THAT WAS TALKING ABOUT HOVER GARDER IN MY OPINION, YOU'RE WALKING HERE TO THE RESTROOM TO COME RIGHT BACK THE' STILL PROPERTY WE'RE DOING.
BUT YOU OFFICIALLY ADJURED THE BE FOR A BREAK IN THAT.
I CAN ACTUALLY SEE THAT PRESENT TWO OR THREE CITY COUNCIL PERSON WALKING OUT OF PUBLIC AND GOING OVER AND HAVING A PRIVATE CONVERSATION PUBLIC.
I GET IT TOO. I DON'T WANT TO TALK ABOUT SOMEBODY SOMEBODY WANTS TO TALK TO ME ABOUT THE STORY GRASSLANDS CASE, AND WHAT'S GOING ON WITH IT.
YOU'RE ASKING ME BECAUSE IN MY INDIVIDUAL CAPACITY.
I'M AN INDIVIDUAL PROTESTANT IN THAT CASE, AND THEY ASKED ME ABOUT IT FOR THAT REASON WHICH HAS NOTHING TO DO WITH WHAT'S GOING ON IN THE CITY.
I THINK IT'S VERY DIFFICULT TO SEPARATE PERSONAL OPINION AS A COUNCIL MEMBER VERSUS HOW THAT IMPACTS YOUR ROLE AS A COUNCIL MEMBER.
SO I THINK THAT YES, SOMEONE COULD CERTAINLY MAKE THE ARGUMENT THAT WELL, I HAD THIS CONVERSATION WITH HIM, AND HE SAID IT WAS HIS PERSONAL CAPACITY, BUT I THINK THAT MEANS HE'S GOING TO DO THIS.
I LIKE TO TAKE THAT AWAY FROM IT.
I THINK THAT'S SOMETHING THAT IS A COMPLICATED QUESTION.
THERE ARE SOME RULES FOR LOCAL OFFICIALS THAT ARE IN 171 OF THE LOCAL GOVERNMENT CODE.
AND JUST FOR SOME CLARITY, WHEN WE TALK ABOUT QUORUMS AND WE TALK ABOUT TYPE MUNICIPALITIES AND GENERAL LAW MUNICIPALITIES, WE TALK ABOUT WHAT WE'RE REFERRING TO.
WE'RE GENERALLY TALKING ABOUT THE LOCAL GOVERNMENT CODE ON THOSE.
BUT WHEN WE TALK ABOUT TOMA AND THE PUBLIC INFORMATION ACT, WE'RE TALKING ABOUT THE GOVERNMENT CODE.
THAT REALLY, FOR SOME REASON I WAS THINKING ABOUT THAT TODAY AS I WAS LOOKING AT THIS, THE FACT THAT WE HAVE THE STATE OF TEXAS HAS A LOCAL GOVERNMENT CODE AND A GOVERNMENT CODE.
GOES BACK TO THIS REALLY REALLY TEDIOUS AND BORING, BUT WHEN THE PUBLIC INFORMATION ACT AND OPENING ACT WERE FIRST CREATED, THEY WERE IN THE ANNOTATED STATUTES THAT WERE JUST LIKE THIS HUGE VAST COLLECTION OR AS I GUESS STILL CALL BLACK STATUTES ANNOTATED OR BLACK BOOKS.
THEY TAKE UP A LOT OF SHELF SPACE.
AND THEN STARTING, I THINK IN 1967, THEY STARTED THE CODIFICATION WHERE THEY SORTED THESE THINGS INTO BOOKS.
SO WE HAVE THE LOCAL GOVERNMENT CODE, WE HAVE THE PROPERTY CODE, WE HAVE THE AGRICULTURE CODE, AND ALL THESE RULES THAT DIDN'T THAT WERE JUST ALL IN THOSE BOOKS.
IT JUST STRIKES ME THAT THE FACT THAT WE HAVE TO HAVE A GOVERNMENT CODE AND THE LOCAL GOVERNMENT CODE, THERE'S A LOT OF RULES ON GOVERNMENT.
AND UNFORTUNATELY, WE DON'T LOOK TO JUST ONE FOR MUNICIPALITY.
WE HAVE TO BE AWARE OF BOTH THE GENERAL RULE IS THAT PUBLIC OFFICIALS ARE PROHIBITED FROM PARTICIPATING IN VOTING ON A MATTER IN WHICH THE OFFICIAL HAS A SUBSTANTIAL INTEREST.
AND SO IF THEY HAVE A SUBSTANTIAL INTEREST, AND ACTION ON THE MATTER WILL RESULT IN A SPECIAL ECONOMIC INTEREST ON THAT BUSINESS THAT IS DISTINGUISHABLE FROM THE EFFECT THAT IT WOULD HAVE ON ANYBODY ELSE IN THE PUBLIC, OR IF IT'S REASONABLY FORESEEABLE THAT IT WOULD HAVE A SPECIAL ECONOMIC EFFECT DIFFERENT THAN THE GENERAL PUBLIC WOULD HAVE, THEN THEY SHOULD ABSTAIN FROM ACTING IN THAT MATTER.
SUBSTANTIAL INTEREST, OWNERSHIP OF 10% OF THE VOTING STOCK, ETC,
[00:40:07]
OWNERSHIP OF 10% OR MORE OR 15,000 OR MORE OF THE FAIR MARKET VALUE OF THE BUSINESS ENTITY, RECEIPT OF FUNDS FROM THE BUSINESS THAT EXCEED 10% OF THE PERSON'S GROSS INCOME.SO IT'S NOT JUST HOW MUCH OF THE BUSINESS DO YOU OWN, BUT POTENTIALLY HOW MUCH OF YOUR INCOME DOES THAT COMPRISE? SO PEOPLE COULD HAVE THE RECEIVE THE SAME AMOUNT OF FUNDS, BUT BASED ON THEIR OTHER INCOME, ONE COULD HAVE A SUBSTANTIAL INTEREST BASED ON THAT, AND ANOTHER ONE MIGHT NOT.
FOR REAL PROPERTY, AN EQUITABLE OR LEGAL OWNERSHIP INTEREST WITH A FAIR MARKET VALUE OF $2,500 OR MORE.
IT ALSO EXTENDS TO FAMILY MEMBERS OF THE PUBLIC SHOW IF THEY'RE WITHIN THE FIRST DEGREE OF CONSEQUENTLY OR AFFINITY.
CONSEQUENTLY WITHIN THE FIRST DEGREE, IT'S ONE DIRECTION. PARENTS AND CHILDREN.
WE GENERALLY, WHEN WE TALK ABOUT COS-EQUITY, WHEN YOU SEE THAT IN THE STATUTE, YOU'RE USUALLY GOING TO SEE THREE DEGREES OF CONGRUITY.
UNFORTUNATELY, THIS IS JUST ONE, SO WE DON'T HAVE TO TALK ABOUT HOW THE DEGREES ARE CALCULATED.
IF A CONFLICT ARISES, THEN THE COUNCIL MEMBER NEEDS TO FILE AN AFFIDAVIT WITH THE CITY SECRETARY STATING THAT INTEREST PRIOR TO THE VOTE AND THAT THEY WILL ABSTAIN, AND THEY MUST ABSTAIN FROM NOT ONLY THE VOTE BUT THE DELIBERATION.
SO FREQUENTLY YOU'LL SEE IF SOMEONE IS GOING TO FILE A MOTION THEY'RE GOING TO ABSTAIN WHEN THAT ITEM COMES UP, THEY WILL NEED TO DAY.
THE ACTION ITSELF IS NOT AVOIDABLE UNLESS THE ACTION WOULDN'T HAVE PASSED WITHOUT THE MEMBER WHO HAD THE CONFLICT VOTE.
IT'S A CLASS A MISDEMEANOR PUNISHABLE BY A FINE TYPO OF UP TO $4,000 OR UP TO ONE YEAR IN COUNTY JAIL? GIFTING CAN FALL UNDER BRIBERY.
HE CAN'T INTENTIONALLY OR KNOWINGLY OFFER OR ACCEPT ANY BENEFIT AS A CONSIDERATION FOR A DECISION VOTE, ETC.
IT DOESN'T MATTER IF YOU WEREN'T QUALIFIED OR YOU LACKED JURISDICTION.
IT'S ALSO NOT A DEFENSE THAT THE BENEFIT WASN'T OFFERED OR RECEIVED UNTIL AFTER THE ACTION WAS TAKEN.
SO IT'S NOT JUST THE OFFICIAL WHO IS POTENTIALLY HAS CRIMINAL SANCTIONS, BUT THE PERSON WHO MAKES THE OFFER.
THERE ARE LIMITS. SHE GENERALLY, THERE ARE SOME SPECIFIC ONES THAT MOST COMMONLY, WE TALK ABOUT THE ONES THAT ARE DE MINIMUS, AND WHAT IS DE MINIMUS VALUE? IT'S DEFINED AS AN ITEM OF THE VALUE OF LESS THAN $50 AND YOU SEE THAT LOWER IN THE LIST.
BUT OTHER EXCLUSIONS INCLUDE A GIFT THAT ON THE ACCOUNT OF A PERSONAL PROFESSIONAL OR BUSINESS RELATIONSHIP IS INDEPENDENT OF THE OFFICIAL STATUS OF THE RECIPIENT, OF THE POLITICAL CONTRIBUTION UNDER THE ELECTION CODE, A GIFT DERIVED FROM A FUNCTION AND HONOR APPRECIATION IF THAT GIFT IS GIVEN TO DEFRAY THE EXPENSES OF THE MEAN THERE.
AN ITEM ISSUED BY A GOVERNMENTAL ENTITY THAT ALLOWS THE USE OF PROPERTY OR FACILITIES BY THE ENTITY.
I THINK THAT GOING BACK TO THIS, I THINK ONE OF THE BIG THINGS IS NOT JUST DOES IT VIOLATE ANY OF THE CRIMINAL STATUTES OR 171 OF THE GOVERNMENT OF LOCAL GOVERNMENT CODE.
THE ISSUE THAT YOU REALLY WANT TO THINK ABOUT IS, WHAT IS THE APPEARANCE? IS THERE AN APPEARANCE OF PROPRIETY HERE? AND SO I ENCOURAGE YOU TO THINK ABOUT THAT.
AND IT IS NOT UNCOMMON FOR COUNCIL MEMBERS TO APPROACH THE CITY ATTORNEY, AND I DON'T MEAN IN PARKER, BUT IN OTHER PLACES WHERE I'VE WORKED WITH THE CITY ATTORNEY DOCTOR FOR THEM TO ASK, HEY, DO I HAVE A CONFLICT? HOW DO I ASSESS WHETHER I NEED TO ABSTAIN FROM THAT? GENERALLY SPEAKING, THE ATTORNEY IS GOING TO GO BACK AND SAY, HERE THE RULES.
I CAN'T ADVISE YOU ON WHAT TO DO, BUT HERE THE RULES AND GO OVER THOSE.
AND WHAT I'VE SEEN OVER TIME IS THAT SOMETIMES A COUNCIL MEMBER WILL NOT HAVE A CONFLICT UNDER THE LAW, AND NOT HAVE SOMETHING THAT VIOLATES STATUTE.
THE FACT THAT THEY'RE ASKING THE QUESTION MEANS THAT THEY FEEL THAT THEY ARE CONFLICTED.
AND SO IN EVENT FEEL CONFLICTED, I WOULD SAY YOU WANT TO ERR ON THE SIDE OF CAUTION.
AND THEN GIFTING A PUBLIC RESOURCES UNDER THE STATE CONSTITUTION, CAN'T GIVE CITY RESOURCES AWAY FOR UNLESS IT'S FOR A PUBLIC PURPOSE.
[00:45:03]
AND SO THAT'S WHERE THERE'S ACTUALLY CASE LAW GOING BACK A LOT OF YEARS, THERE'S NOT A LOT OF CASES ON IT, BUT OVER TIME, THERE'S CASES WHERE ONE OF THE COMMON THINGS IS FOR MUNICIPALITIES TO WANT TO DO SOMETHING FOR SCHOOL DISTRICTS BECAUSE EVERYBODY LIKES KIDS, YOU WANT TO HELP THEM AND WHETHER THE CITY CAN DO THAT OR NOT, AND SOMEBODY COMES IN AND CHALLENGES IT.AND SO I WOULD SAY ANYTIME THAT THE CITY WANTS TO USE ITS RESOURCES FOR ANOTHER ENTITY THAT'S SOMETHING WE HAVE TO LOOK AT TO MAKE SURE THAT IT IS FOR A LEGITIMATE PUBLIC PURPOSE.
AND EXPENDITURE OF PUBLIC FUNDS FOR A PUBLIC PURPOSE IS NOT PROHIBITED.
SO IF IT IS TO ACCOMPLISH A PUBLIC PURPOSE AND NOT TO BENEFIT A PRIVATE PARTY.
IF THE GOVERNMENTAL ENTITY RETAINS CONTROL OVER THE FUNDS TO MAKE SURE THE PUBLIC PURPOSE IS ACCOMPLISHED AND THE INVESTMENT IS PROTECTED.
AND THEN THE GOVERNMENTAL ENTITY HAS TO ENSURE THAT IT RECEIVES A RETURN BENEFIT TO MAKE THAT DETERMINATION AS TO WHETHER IT VIOLATES ARTICLE THREE.
AND I CAN SEND THIS OUT TOO I WOULD LIKE TO HAVE THAT.
I HAVE ONE QUESTION ABOUT THE COMMUNICATION.
IS IT THE SAME AS COMMUNICATION? I WOULD SAY YES. BECAUSE SHE SHE DOESN'T TYPICALLY VOTE, BUT IF THERE'S A TIE, SHE DOES.
SO I WOULD SAY I'M HAPPY I'M HAPPY TO LOOK THAT.
WHEN WE GET INTO HOME MUNICIPALITIES, WHICH THERE ARE SO MANY OF THE STATES, AND I THINK THAT'S WHERE MORE OF THE CASE LAW COMES FROM IS MUNICIPAL SOME OF THE OTHER MAYORS THOUGH, AS A MATTER OF FACT, SOME OF THEM, THEY ARE VERY SIMILAR TYPE OF MUNICIPAL.
I DON'T KNOW THAT WE'RE GOING TO FIND WHERE IT'S ACTUALLY SITUATION, BUT I'LL TAKE A LOOK AT THAT.
I TO LEARN AGE OF THE ATTORNEY.
DID THEY GIVE YOU ANY ABOUT SAY OR THE FACT THAT YOU CITIZEN ABOUT WHAT LEARN TRYING TO LEARN OTHER RULE.
[00:50:25]
IT SEEMS LIKE THAT WORK BY PLAY I HAVEN'T LOOKED AT THE REFER, BUT I'M HAPPY TO AND THE AG WHEN THEY ISSUE DECISIONS, THERE ARE LETTER OPINIONS THAT GENERALLY APPLY ONLY TO THAT AND THERE VERY SPECIFIC ONLY APPLIES TO THIS REQUEST THAT WE RECEIVED.AND THEN THEY HAVE LETTER CALLS DETERMINATION FOR THIS DETERMINATION.
AND I DON'T I DON'T KNOW EXACTLY WHAT BECAUSE I HAVEN'T SEEN THAT, I DON'T KNOW WHAT THAT IS.
WHICH MAKES IT DIFFICULT TO SPEAK TO.
IT MAY MEAN THAT THEY'RE LIKELY TO RULE THE SAME WAY THAT WE CAN'T NECESSARILY RELY ON IT.
>> I UNDERSTAND THERE'S SOME [INAUDIBLE].
BUT WE REGULARLY DISCUSSED TOPICS AND WE WANT TO DO ALL THIS AND COME TO A CONSENSUS, WHICH I WOULD DEFINE AS THE MAJORITY OF PEOPLE RELY ONE WAY OR THE OTHER DON'T HAVE UNITY OF UNITY OF FINAL DECIDED THAT IT.
WE DO A TECHNICALLY [INAUDIBLE].
IT'S NOT ALL IN FAVOR OF HANDS.
>> I WOULDN'T SAY I MEAN, ONE STAFF NEVER INTENDS TO ASK FOR A VOTE.
IT'S LIKE DIRECTION HERE WHERE THERE'S NOT AN ITEM ON THE TABLE OR THERE'S NOT A VOTE ON THE TABLE, BUT EVERYBODY WILL EXPRESS THEIR OPINION ON SOMETHING OR EXPRESS CONCERNS THAT THEY HAVE.
AND THEN STAFF IS IN THE POSITION OR THE MAYOR IS IN THE POSITION TO A SIMILAR DEGREE TO SAY, I THINK I UNDERSTAND GENERALLY WHAT WILL WORK HERE AND COME BACK WITH SOMETHING TO PRESENT TO COUNSEL FOR A VOTE.
>> HERE'S THE CORRECTION FORM [INAUDIBLE].
>> RIGHT. BUT IT'S NOT IT'S NOT A VOTE.
>> IT'S NOT A VOTE FOR EACH CHAPTER [INAUDIBLE].
>> IT'S IT'S EVERYTHING SHORT OF RAISING IN THERE IN THERE WE SAY YOU WANT TO DO 12345.
>> I'VE NEVER THOUGHT ALL HAD THAT MUCH CLARITY.
DIRECTION. NO. I DON'T THINK THAT THAT'S THE WAY THAT THINGS ARE TYPICALLY PRESENTED FROM STAFF IN TERMS OF WHAT THERE'S A SITUATION ISSUES.
AND THEN EVERYBODY KIND OF EXPRESSES AN OPINION, BUT I DON'T THINK THERE'S UNIFORMITY ON IT.
I SAID, LIKE, EVERYBODY'S OPINION IS A LITTLE BIT DIFFERENT.
STAFF HAS TO TAKE FROM THAT TO DETERMINE WHAT THE PATH IS.
>> THERE'S EVEN CLARITY [INAUDIBLE].
WHETHER OR NOT ISSUE OF A COUNSELOR OPINIONS, [INAUDIBLE] FOR EXAMPLE, IT WAS DECIDED BACK THERE NOT TO BRING IT UP FOR THE VOTE CONCESSION IS THE LAST RECESSION, IT WAS DECIDED BACK THERE TO BRING UP THE RESOLUTION THAT ACTUALLY OFFICIAL HIGHER PART FOR A SPECIFIC LAWSUIT TO VOTE ON THAT RESOLUTION.
SO WE MADE A DECISION THAT THERE IN ONE CASE, NOT TO BRING AN ISSUE UP FOR PUBLIC CONSIDERATION AND IN THE OTHER CASE TO BRING THAT ISSUE OF [INAUDIBLE].
[00:55:05]
>> I DON'T KNOW THAT I EVER HAD THE SENSE THAT THAT'S A DECISION WHICH HAS MADE, MORE THAT STAFF STAFF FORMS. THE COUNSEL THAT HERE IS THAT HERE IS SOMETHING THAT CAN HAPPEN, HERE IS WHAT WE CAN DO FOR WANT TO DO IT.
AND THEN THE DECISION IS MADE TO PRESENT IT.
YOU STILL HAVE TO VOTE, CAN VOTE IT DOWN.
AND IT'S NOT UNCOMMON IN SOME CITIES FOR A COUNCIL MEMBER TO SAY, PUBLIC SESSION, YES, I WANT TO HAVE THIS ON THE AGENDA, AND WE'LL AGREE TO HAVE SOMETHING ON THE AGENDA SO THAT HE DISCUSSED.
THAT DOESN'T MEAN THAT I WANT TO VOTE FOR IT.
[OVERLAPPING] YEAH, THAT'S SOMETHING THAT STAFF IS ACTUALLY COMING OUT.
STAFF IS SAYING, I UNDERSTAND THAT WE SHOULD PREPARE THIS DOCUMENT.
>> [INAUDIBLE] TALKING ABOUT IT IS ALL OF THE.
SO THAT IS PART OF OUR WHOLE WITH DIFFERENT PREPARE WHAT YOU HAVE TO LIMIT TO WHAT.
>> I THINK THAT'S KIND OF CRAZY IT HAS TO DO WITH MORE OR LESS THE ALLEGATIONS WHAT WE'RE TALKING ABOUT, AND THAT THING.
>> [INAUDIBLE] ASKED WHERE THE AS QUESTION WAS MALIC.
I WAS A JUROR [INAUDIBLE] I DON'T HAVE A CREATION [INAUDIBLE].
>> THEN ALSO CLARIFICATION [INAUDIBLE] HE WANTS TO GO TO ALL OF THEM [INAUDIBLE].
>> AS LONG AS THERE'S NO RESPONSE.
EVERYBODY SHOULD BE BLIND COPIED ON THOSE THINGS, SO THERE'S NOT A DANGER OF ACCIDENTALLY OFF.
IF YOU-ALL ARGUED ABOUT THIS, PEOPLE DON'T COME BACK TO YOU GO, OH, I THINK THIS IS AN ISSUE.
BECAUSE YOU PUT THE STAFF MEMBER POSITION DOING THAT STAFF [INAUDIBLE].
IF YOU HAVE AN EMAIL THAT SAYS, HEY, EVERYBODY, THIS ISSUE IS COMING UP AND I CAN IN THE AGENDA AND THIS IS HOW I CAN PUSH VOTE ON IT [INAUDIBLE].
>> THAT'S NOT TO BE FROM BUDGET POINT I MEAN, ALWAYS AN EXECUTIVE HAVE ATTORNEY OR WHAT I IS A [INAUDIBLE] LINE. SO IT WAS MICHAEL.
>> SO TO ME, I THINK IT'S A BIND LINE, BUT I WOULD BE NOT BEING AWARE AND NOT KNOWING BECAUSE IT IS A BIN LINE OF THE ROOF TO SAY THAT WE'RE OFF THE GUARD RAILS, IF WE'RE OFF THE GUARD RAILS WERE NOT PUSH BACK AND SAY,
[01:00:05]
HEY WE CAN GO THAT DIRECTION OR [INAUDIBLE] DOWN.[OVERLAPPING] I'VE BEEN THERE BEFORE. I WE'RE GOING IN THE DIRECTION.
>> NOT TO MY KNOWLEDGE. I MEAN, THE AG HAS INFORMATION.
[OVERLAPPING] THERE'S GOOD INFORMATION ON TALMA AND ON THE TEXAS PUBLIC INFORMATION ACT AND I THINK THAT ALL HAVE ALREADY WASHED ALL THOSE IN TERMS OF HOW DO GENERAL LAW CITIES OPERATE? NO, NOT TO MY KNOWLEDGE.
>> [INAUDIBLE] TOPICS [INAUDIBLE].
>> WELL, IF IT'S NOT SUBJECT TO ONE OF THOSE EXCEPTIONS TO OPEN MEETINGS, CORRECT.
HE DOESN'T BELONG IN CLOSED SESSION.
>> I HEAR WHAT I CALL THE CITY COUNCIL MEETING OF CITY OF PARKER.
IT IS SEPTEMBER 17, 2024 AT 7:00 P.M. AT THIS TIME, I WILL ASK MISS GRAY, DO WE HAVE A QUORUM?
>> YES, WE HAVE A SUPER QUORUM.
>> WE DO HAVE A SUPER QUORUM. THANK YOU, MA'AM.
AT THIS TIME, I'LL ASK LINETTE, IF SHE WILL DO THE AMERICAN PLEDGE AND CHIEF CHEF, IF YOU'LL DO THE TEXAS PLEDGE.
>> THANK YOU. NEXT IS PUBLIC COMMENTS.
IF YOU HAVE A PUBLIC COMMENT THAT IS NOT ON THE SUP BECAUSE THAT WILL COME UNDER THE PUBLIC CARRYING.
IF YOU HAVE COMMENTS OTHER THAN THE SUP, PLEASE LET ME KNOW, BECAUSE I DON'T HAVE ANY CARDS FOR THAT.
NEXT, WE WILL GO TO ITEMS OF INTEREST.
[ITEMS OF COMMUNITY INTEREST]
WE HAVE OUR PEANUT BUTTER DRIVE GOING ON FOR THE MONTH OF SEPTEMBER, AND WE'RE DOING GREAT, BUT WE NEED MORE PEANUT BUTTER AND JELLY FOR THE NORTH TEXAS FOOD BANK.THEY ARE REALLY HURTING THIS YEAR AND ASKING FOR ALL THE HELP WE CAN POSSIBLY GIVE THEM.
WE HAVE A BOX IN THE FOYER, IF YOU WOULD LIKE TO DROP OFF YOUR DONATION.
I BELIEVE THERE'S ALSO A BOX OVER AT THE POLICE STATION, ISN'T THAT CORRECT, S?
>> SECOND, THE COLIN APPRAISAL REVIEW BOARD IS
[01:05:01]
ACCEPTING APPLICATIONS FOR ANYBODY WHO MIGHT LIKE TO SERVE ON THE REVIEW BOARD.THERE'S INFORMATION REGARDING THAT ON OUR WEBSITE AND ON THE COLLIN COUNTY REVIEW BOARD.
NEXT, NATIONAL NIGHT OUT, WHICH IS OCTOBER 1, FROM 6:00 TO 9:00 P.M.
IF YOU WOULD LIKE TO PARTICIPATE, OR YOU WANT YOUR AREA TO PARTICIPATE, PLEASE CONTACT.
I THINK IT'S MICHELLE HASH OR MICHELLE SHU, WHO IS GETTING ALL THE INFORMATION TOGETHER.
IT'S GETTING ALL THE INFORMATION TOGETHER IF YOU WANT THE FIRE TRUCKS AND THE POLICE AND THE POLICE CARS TO COME OUT, PLEASE CONTACT US.
NOW, DUE TO OCTOBER 1 BEING NATIONAL NIGHT OUT, WE ARE MOVING OUR REGULARLY SCHEDULED COUNCIL MEETING FROM THE FIRST TO OCTOBER 2.
WE THOUGHT IT WOULD BE OCTOBER 8, BUT IT TURNS OUT THAT THE MAJORITY OF THE PEOPLE ON COUNCIL, IT WORKS BETTER ON OCTOBER 2, SO THAT WILL BE OUR NEXT MEETING.
THE PARKS AND RICK'S CREATIONS COMMISSION WILL MEET ON OCTOBER 9 AT 5:00 P.M. IN THIS ROOM.
IT'S OPEN TO THE PUBLIC, IF ANYBODY'S INTERESTED IN ATTENDING THEIR MEETINGS.
WE ARE CANCELING THE OCTOBER 15, REGULARLY SCHEDULED CITY COUNCIL MEETING AS OUR CITY ATTORNEY IS NOT AVAILABLE AT THAT TIME, AND IT IS TENTATIVELY RESCHEDULED FOR OCTOBER 22, BUT THAT'S A WORK IN PROGRESS.
WE'LL LET YOU KNOW WHEN IT WILL BE, PLEASE CHECK OUR WEBSITE.
THEN THAT COMES TO PARKER FEST, WHICH IS A FUN TIME FOR ALL.
PARKER FEST WILL BE ON SUNDAY, OCTOBER 20, ME FROM 3:00 TO 6:00 P.M, RIGHT ACROSS THE DRIVEWAY HERE, AND IT WILL HAVE ALL KINDS OF ACTIVITIES FOR ADULTS AND KIDS, AND WE HOPE YOU'LL COME OUT AND JOIN US.
WE WOULD LOVE TO SEE YOU THERE AND IF YOU'D LIKE TO PARTICIPATE, WE DO NEED VOLUNTEERS, JUST LET US KNOW.
NATIONAL PRESCRIPTION DRUG TAKE BACK EVENT SATURDAY, OCTOBER 26, FROM 10:00 A.M TO 2:00 P.M. DRIVE BY THE POLICE DEPARTMENT AND DROP OFF YOUR UNUSED DRUGS THAT YOU WANT TO GET RID OF.
THERE'LL BE A POLICE OFFICER STANDING THERE FOR YOU TO HAND THEM TO.
YOU DON'T EVEN HAVE TO GET OUT OF YOUR CAR.
BUT YOU ALL AREN'T DOING SHARPS THIS TIME, AS I UNDERSTAND IT.
I DON'T THINK YOU ALL ARE DOING THE SHARPEST.
WE ARE ALSO CANCELING THE NOVEMBER 5 REGULARLY SCHEDULED CITY COUNCIL MEETING DUE TO THE GENERAL ELECTION, AND SINCE VOTING IS IN OUR COUNCIL CHAMBERS, WE CAN'T HOLD A MEETING THAT NIGHT.
THAT MEETING, I BELIEVE WILL MOVE TO NOVEMBER 12.
BUT AGAIN, THAT'S A TENTATIVE DATE UNTIL I GET CONFIRMATION FROM ALL OF COUNCIL THAT THEY ARE AVAILABLE AT THAT TIME.
I DON'T KNOW HOW IF YOU WATCH TV AT ALL.
THE GENERAL ELECTION IS ON NOVEMBER 5, 7:00 -7:00.
EARLY VOTING STARTS MONDAY, OCTOBER 21, AND IT IS IN THIS ROOM.
AND FROM OCTOBER 21 THROUGH FRIDAY, OCTOBER 25, IT'S EIGHT TO FIVE.
AFTER THAT, IT'S SEVEN TO SEVEN ON SATURDAY, OCTOBER 26 ON OCTOBER 27, IT'S 11:00 A.M. TO 5:00 P.M. AND THEN MONDAY.
IS THE LAST DAY OF EARLY VOTING.
THAT'S MONDAY, OCTOBER 28, AND IT GOES 7:00 -7:00.
MR. OTTO, ARE YOU WANTING TO SPEAK ON THE SUP? THEN HOLD ON, WE'LL GET TO YOU.
NEXT, WE HAVE THE CONSENT AGENDA.
[CONSENT AGENDA]
THERE ARE TWO ITEMS ON THE CONSENT AGENDA.THE APPROVAL OF THE MEETING MINUTES FOR SEPTEMBER 3RD AND APPROVAL OF THE MEETING MINUTES FOR SEPTEMBER 4TH.
COUNCIL, IS THERE ANYONE THAT WANTS EITHER ITEM PULLED OFF THE CONSENT AGENDA? NOT HEARING ANY, THEN I WILL ASK FOR A MOTION.
[01:10:02]
>> MAY I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
>> MADAM MAYOR, I SECOND THAT MOTION.
>> WE HAVE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED BY COUNCIL MEMBER CERCO AND A SECOND BY MAYOR PROTEM REID.
IS THERE ANY DISCUSSION? NOT HEARING ANY, I'LL CALL FOR YOUR VOTE.
ALL THOSE IN FAVOR OF APPROVING THE CONSENT AGENDA AS PRESENTED.
ANY OPPOSED, MOTION CARRIES 40, THANK YOU.
NEXT, WE WILL GO TO INDIVIDUAL CONSIDERATION ITEMS,
[4. CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON ORDINANCE NO. 875 AUTHORIZING EXPENDITURES AND APPROVING AMENDMENT(S) TO THE FY 2023-2024 OPERATING BUDGET. ]
STARTING WITH ITEM 4.CONSIDERATION AND OR ANY APPROPRIATE ACTION ON ORDINANCE NUMBER 875, AUTHORIZING EXPENDITURES AND APPROVING AMENDMENTS TO THE FISCAL YEAR 2023-2024 OPERATING BUDGET.
I WILL ASK OUR DIRECTOR OF FINANCE, GREG GRANT SAVAGE.
I'M GOING TOO FAST HERE, TO PLEASE EXPLAIN THIS.
>> MAYOR AND COUNCIL, USUALLY THE SUMMER YEAR I TRY TO DO ANY YEAR AND CLEANUP BEFORE THE END OF SEPTEMBER? FORTUNATELY, THIS YEAR, WE WANT TO HAVE ONE ITEM THAT NEEDS TO BE CLEANED UP AS FAR AS BUDGET WISE.
THIS BUDGET AMENDMENT IS GOING TO ADD ADDITIONAL BUDGET FOR REPUBLIC SERVICES, FOR SERVICES THAT THEY PROVIDED DURING THE STORM CLEANUP AFTER THE MAY STORM.
IS INCREASING THE BUDGET BY $60,000, AND THAT MONEY IS GOING TO BE COMING OUT OF FUND BALANCE.
>> COUNCIL ARE THERE ANY QUESTIONS OF MR. SAVAGE ON THAT? NOT HEARING ANY QUESTIONS, I'LL THEN CALL FOR A MOTION.
>> MADAM MAYOR I WOULD MAKE A MOTION THAT WE APPROVE ORDINANCE NUMBER 875, AUTHORIZING EXPENDITURES AND APPROVING AMENDMENTS TO THE FISCAL YEAR 2023 2024 OPERATING BUDGET.
WE HAVE A MOTION BY MAYOR PROTEM REID AND A SECOND BY COUNCIL MEMBER KIRCHO TO APPROVE ORDINANCE NUMBER 875.
AUTHORIZING EXPENDITURES AND AMENDMENTS TO THE CURRENT YEAR'S OPERATING BUDGET.
AT THIS TIME, I WILL THEN HEAR AND CALL FOR YOUR VOTE.
ALL THOSE IN FAVOR OF APPROVING ORDINANCE NUMBER 875, PLEASE RAISE YOUR RIGHT HAND. ANY OPPOSED? PASSES 40, THANK YOU.
NEXT IS COLIN AND AUBREY MARINO SPECIAL USE PERMIT.
[5. COLIN AND AUBREE MARINO SPECIAL USE PERMIT (SUP): PUBLIC HEARING FOR A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 3901 SYCAMORE LANE IN THE 3900 BLOCK OF SYCAMORE LANE FOR COLIN AND AUBREE MARINO. CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 3901 SYCAMORE LANE IN THE 3900 BLOCK OF SYCAMORE LANE FOR COLIN AND AUBREE MARINO. ]
THE FIRST PART OF THIS IS THE PUBLIC HEARING, AND I WILL OPEN THE PUBLIC HEARING AT 7:10 P.M. FIRST UP, I WILL ASK MISS MARINO, AUBREY IF YOU WOULD COME UP TO THE PODIUM PLEASE.PLEASE DESCRIBE TO COUNCIL EXACTLY WHAT YOU'RE ASKING FOR.
PUT MIKE DOWN TO, THERE YOU GO.
>> WE'RE ASKING FOR A SPECIAL USE PERMIT TO BOARD AND HAVE ACTIVITIES INVOLVING LARGE ANIMALS RIDING, BASICALLY A RIDING ACADEMY.
WE'RE ASKING TO BOARD ANIMALS, HAVING A SAFE PLACE TO TRAIN THEM AND HAVE THE ANIMALS.
WE'RE ALSO ASKING FOR A VARIANCE FOR A BUILDING LARGER THAN 2,500 SQUARE FEET.
THIS FACILITY WILL HAVE TWO SIDES, BOTH FACING OUR NEIGHBOR TWO SHIELD OUR PROPERTY FROM THEIR PROPERTY.
THE ARENAS CAN CAUSE DUST, AND WE'RE GOING TO HAVE YOUNGER ANIMALS IN THERE, SO WE DECIDED TO PUT THE WALLS.
TEN FOOT HIGH ON EITHER SIDE TO SHIELD AND PROTECT ME AND HELP MY NEIGHBORS FROM VISIBILITY AND DUST.
THAT IS WHAT WE'RE ASKING FOR.
IS DO I GET TO PRESENT ANYTHING ELSE OR WILL I GET TO COME BACK UP? OR IS THIS THE ONLY TIME I GET TO TALK?
>> WHAT IS IT YOU WANT TO PRESENT?
>> WELL, I JUST HAD SOME LETTERS FROM MY NEIGHBORS THAT I WANTED TO PRESENT TO COUNCIL THAT COULDN'T BE PRESENT TONIGHT.
BUT BEFORE YOU DO THAT, COUNCIL, ARE THERE ANY QUESTIONS THAT YOU HAVE MISS MARINO,.
[01:15:03]
>> MY ONLY QUESTION WOULD BE THAT THE YOUR PROPERTY IS ZONED AS RESIDENTIAL, RIGHT? SINGLE FAMILY, IS THAT CORRECT?
>> THAT IS CORRECT. BUT I DO HAVE AN AGRICULTURAL EXEMPTION THROUGH THE COUNTY TO BREED AND FACILITATE ANIMALS.
>> BUT THE ONLY REASON I WAS ASKING IS I LISTENED TO THE P&Z MEETING AND THERE WAS A LITTLE BIT OF I DIDN'T UNDERSTAND TOTALLY BECAUSE THEY DIDN'T MENTION ABOUT HOW I THOUGHT IT WAS ZONED AS A SINGLE FAMILY RESIDENTIAL.
OBVIOUSLY, THERE ARE CERTAIN YOU HAVE IS IT F ACRES 14 ACRES THAT'S RIGHT.
ANYWAY, SO THERE'S IT'S JUST A DIFFERENT IT'S NOT AGRICULTURAL OPEN SITUATION.
I JUST WANTED TO MAKE SURE THAT THAT WAS CLEAR.
>> I DO HAVE A PICTURE THAT I MADE ON GOOGLE EARTH AS WELL THAT SHOWS THE POSITION OF WHERE THE ARENA WILL GO COMPARED TO WHERE MY NEIGHBOR'S PROPERTY IS.
IF YOU GUYS I KNOW THE PICTURE THAT WE SUBMITTED WITH THE PLANS IS JUST DOESN'T SHOW WHERE THEIR PROPERTIES ARE, SO I DO HAVE THAT, IF YOU GUYS WOULD LIKE TO SEE IT.
>> I'D LIKE TO SEE IT. YOU SAID YOU DO BREEDING NOW.
>> BUT WHICH IS A AGRICULTURAL USE, BUT YOU WANT TO TRANSITION TO BOARDING AND TRAINING, WHICH IS A COMPLETELY DIFFERENT BUSINESS ACTIVITY.
>> I DO CURRENTLY BOARD, AND THERE HAS BEEN BOARDING HAPPENING ON THAT PROPERTY SINCE 1985.
WHEN WE BOUGHT THE PROPERTY, THE PEOPLE PRIOR TO US BOARDED AND HAD UP TO 20 HORSES AT ONE POINT.
THERE IS CURRENTLY AN ARENA ALREADY THERE, THAT'S A 60 BY 60 ARENA.
THAT ARENA IS GREAT FOR ARABIAN HORSES, WHICH ARE A LITTLE SMALLER FRAMED, MORE I WOULD SAY THE LOCKER OF THE HORSE.
MY HORSES ARE MORE OF A RANCH BRED, SO THEY NEED A LITTLE BIT BIGGER SPACE FOR TRAINING AND RIDING.
WE WERE WHAT WE'RE ASKING IS TO REMOVE THE 60 BY 60 ARENA AND ADD THE 80 BY 120.
>> 80 BY 120, THAT WOULD BE FOUR SIDES OPEN, RIGHT? YOU JUST COME DOWN LIKE 46 FEET.
>> WHAT THAT BE FOUR SIDES OPEN OR YOU JUST COME DOWN LIKE SIX OR EIGHT FEET LIKE A TRADITIONAL ARENA? THE TOP IS OPEN.
THE WALL ON TWO SIDES, THE SIDE THAT FACE MY NEIGHBOR IN THE END PIECE, AND WE'LL HAVE A TEN FOOT WALL WITH A SIX FOOT GAP AT THE TOP TO ALLOW FOR AIR FLOW.
YES. THAT SIDE THAT FACES THE OTHER SIDE.
THERE'S A SIX FOOT GAP AND A TEN FOOT WALL.
>> IS THIS ON TOP OF THE BERM?
>> IT IS ON TOP OF THE HILL THAT WE BUILT. YES.
>> APROXIMLY FIVE FELL BASICALLY.
>> THE ELEVATION, I THINK IS 563.
>> WE GOT 100 AND NET COME ON.
>> THIS IS A PART I CAN'T TALK TO.
>> IT'S JUST A QUESTION. IT'S IT'S THE PROPERTY SLOPES DOWN.
AND BASICALLY, WE JUST STOPPED AT A CERTAIN POINT AND JUST CONTINUED ON AND DROPPED OFF, DROPPED ABOUT FIVE FEET OR SO.
BUT WE HAD A HYDRODYNAMIC ENGINEER TO MAKE SURE THAT THERE WAS NO IMPACT ON THE FLOW OF WATER OR ANYTHING IN THE COMMUNITY AND IT DIDN'T AFFECT THE CREEK AT ALL.
>> HOW TALL IS IT IS WHAT I'M LOOKING AT?
>> IT'S HARD TO DESCRIBE BECAUSE IT'S IN PERSPECTIVE.
ARE YOU TALKING ABOUT FROM THE BOTTOM, OR YOU'RE TALKING ABOUT FROM THE TOP? IF YOU'RE TALKING ABOUT ON THE TOP, IT'S GOING TO BE THIS ABOUT THE SAME HEIGHT AS A CURRENT ARENA IS NOW.
BUT IF IT'S PUSHED BACK AND YOU'RE STANDING DOWN AT THE BOTTOM, IT'S TALLER.
AROUND THE SAME IT'S ALMOST THE SAME, IT'S A BIGGER ARENA, AS FAR AS THE LENGTH AND WIDTH IS CONCERNED.
AND BASICALLY THE SAME PURPOSES.
IT'S JUST THE ONE WE HAVE IS TOO SMALL TO DO WHAT WE NEED TO DO.
>> YOU'LL BUILT A LARGE POND ON THE PROPERTY, RIGHT?
>> YOU USE THE DIRT FROM THE POND TO BUILD THIS PAD THAT YOU WANT TO BUILD THE ARENA, IS THAT CORRECT? CORRECT.
>> ARE YOU PLANNING ON SEATS IN THE ARENA?
>> THERE'S NO PLACE FOR THE PUBLIC TO VIEW.
>> THERE WON'T BE ANY AS FAR AS WE KNOW, THERE WON'T BE ANY PUBLIC EVENTS.
I MEAN, THIS IS JUST, MAYBE A RIDING LESSON HERE OR THERE,
[01:20:02]
BUT MOSTLY TO TRAIN THE QUARTER HORSES AS WE RAISE THEM AND SELL THEM.THAT'S WHAT OUR AG EXEMPTION IS IS TO RAISE HORSES TREE HORSES.
>> I JUST WANT TO UNDERSTAND THE DIFFERENCE BETWEEN RAISING HORSES AND THE TRAINING THAT YOU'RE DOING.
ARE YOU TRAINING HORSES OR ARE YOU TRAINING RIDERS OR ARE YOU TRAINING BOTH?
>> BOTH? PRIMARILY HORSES AS OF RIGHT NOW.
WE HAVE NEIGHBORS THAT COME OVER AND RIDE AND LEARN.
RIGHT NOW, I HAVE A COUNCIL WHO DO THAT, BUT FOR THE MOST PART, IT'S RAISING HORSES AND TRAINING THE HORSES THEMSELVES.
THEY'RE CUTTING HORSES, SO THEY NEED TO BE ABOUT SURE.
>> THAT'S WHAT I WAS GOING TO ASK NEXT, ARE YOU TRAINING THEM FOR CUTTING HORSES? YOU TRAINING THEM FOR JUMPING?
>> THEY THEY'RE CUTTING HORSES.
THEY'RE FARM BRED RANCH CUTTING TYPE OF HORSES, YES.
>> THEN YOU DO PROBABLY HAVE TO TRAIN RIDERS BECAUSE YOU HAVE TO BE A TRAINED RIDER OR RIDER BE CUTTING HORSE.
>> THE GOAL REALLY IS TO HAVE YOU HAVE SMALL EARLINGS AND BABIES THAT YOU NEED A SPACE TO TRAIN THEM TO HALT OR BREAK THEM TO HAVE THEM AN AREA.
WE LIVE IN AN AREA WHERE THE CLAY IS NOT.
YOU HAVE THESE BIG GAPING HOLES.
YOU NEED A SAFE SPACE WHERE YOU CAN TAKE THOSE BABIES AND WORK THEM A SAFE PLACE FOR THE MOTHERS AND THEM TO GO OUT.
BUT ALSO WHEN I HAVE BOARDERS, IT GIVES THEM AN AREA TO TAKE THE HORSES AND RIDE AND HAVE A SAFE FOOTING.
BECAUSE,, RIGHT NOW WE HAVE GAPING HOLES ALL OVER THE PASTURE, AND YOU JUST DON'T HAVE THAT SPACE.
YOU HAVE NICE DRAINAGE, NICE FOOTING, COVERED ARENA, WHEN IT'S 110, YOU CAN STILL GO OUT AND RIDE AND ENJOY,, THE ANIMALS.
I'M ALSO HOPING TO ALLOW MY NEIGHBORS WHO ALL HAVE HORSES UP AND DOWN MY STREET TO BE ABLE TO ACCESS THE ARENA IN A SAFE AREA WHERE THEY CAN RIDE THEIR HORSES AND BE A GOOD NEIGHBOR BECAUSE SOMETIMES YOU RIDE THEM UP AND DOWN THE ROAD, WHICH ISN'T NECESSARILY ALL THAT SAFE.
IT WOULD BE SOMETHING THAT I WOULD WOULD ALLOW OTHERS TO USE YES.
IF THEY WANTED TO HAVE A RIDING LESSON OR THAT THING, THEY WOULD BE AVAILABLE TO THEM.
>> COUPLE OF OTHER GENERAL QUESTIONS.
HOW MANY HORSES DO YOU EXPECT TO BOARD THERE? HOW MANY DO YOU EXPECT TO BE TRAINING AT A TIME? HOW MANY PEOPLE WOULD YOU EXPECT TO BE TRAINING? FOUR DIFFERENT QUESTIONS HERE.
LASTLY, HOW MANY HOURS WHAT HOURS OF THE DAY DO YOU ANTICIPATE OPERATING?
>> RIGHT NOW I HAVE ONE BOARDER, WHICH HAS TWO HORSES.
I WOULD POTENTIALLY I LIKE TO HAVE AT LEAST TWO OR THREE BOARDERS WITH A COUPLE OF HORSES.
MY GOAL IN THE END WOULD BE TO HAVE BOARDERS WHO HAVE MARES THAT WANT TO HAVE BABIES.
THERE ISN'T REALLY A PLACE IN PLANO OR AROUND THIS AREA WHERE YOU CAN BOARD A MARE AND HAVE IT BIRTH, HAVE THE BABY BORN AND HAVE A SAFE ENVIRONMENT FOR THAT.
THAT'S REALLY WHERE MY NICHE IS GOING.
I'D LIKE TO BOARD MARES AND HAVE BABIES.
NEXT YEAR, I'LL HAVE FOUR HORSES THAT WE'LL BE HAVING BABIES, SO I'LL HAVE FOUR HORSES THAT NEED TO BE TRAINED.
BUT WITH HORSES, IT'S ALL YOU'RE ALWAYS TRAINING.
POTENTIALLY AT CERTAIN TIMES OF THE YEAR, I COULD HAVE MORE HORSES WHEN BABIES ARE BORN, AND THEN ONCE THOSE BABIES ARE WEANED, THEN THEY WOULD GO TO A DIFFERENT PLACE AND THEY WOULD BE, , GO OUT TO PASTURE, BE E YEARLINGS FOR A YEAR AND THEN THEY GO TO A SALE.
THERE'S A FLUCTUATION OF,, 10-15 TO 16 HORSES OFF AND ON, DEPENDING ON THE TIME OF YEAR.
RIGHT NOW MY E YEARLINGS ABOUT TO GO OR MY BABY'S ABOUT TO GO TO ANOTHER PLACE.
THE OPERATING HOURS, GENERALLY, I HAVE MY BORDERS THERE.
THEY TRY TO COME EIGHT TO FIVE.
YOU CAN COME WHENEVER YOU WANT THING.
I TRY TO KEEP THOSE BUSINESS HOURS EIGHT TO FIVE.
>> DO YOU ANTICIPATE LIGHTS FOR NIGHT USAGE OF THIS FACILITY?
>> AS OF RIGHT NOW, WE CAN'T HAVE LIGHTS BECAUSE WE DON'T HAVE ANY WAY TO POWER THAT.
AND WE ARE PLANNING ON ABIDING BY THE ORDINANCE THAT IS IN PLACE WITH DOWN LIGHTING.
AND AS FAR AS HORSES GO, I AM NOT ASKING FOR A VARIANCE TO HAVE ANY MORE HORSES THAN I'M ALLOWED BY THE ORDINANCE.
I'M NOT GOING TO EXCEED ANYTHING THAT I WOULDN'T PERSONALLY HAVE THAT'S ALREADY IN THE ORDINANCE ITSELF.
>> I'VE ALREADY TALKED TO GARY.
IF WE NEED LIGHTING, WE'LL HAVE TO APPLY FOR THAT AND GO THROUGH THAT PERMITTING PROCESS JUST THE SAME.
>> I THINK I GOT ALL THE POINTS.
>> IT'S MY UNDERSTANDING THAT BECAUSE OF THE LOCATION, YOU HAVE APPLIED FOR LOMR FROM FEMA TO DEAL WITH THE DRAINAGE AND POSSIBLE FLOODING OR THAT THING. TELL ME ABOUT THAT.
>> CORRECT. WE HAVE APPLIED FOR THE LOMR.
[01:25:01]
WE ARE WAITING FOR THE MAINTENANCE AGREEMENT TO BE COMPLETED FROM THE CITY.I HAVE HEARD FROM FEMA THAT THE LOMR CAN BE PROCESSED, BUT I NEED A COMMUNITY ACKNOWLEDGMENT FORM SIGNED.
ONCE I SUBMIT THE COMMUNITY ACKNOWLEDGMENT FORM TO FEMA, I WILL HAVE MY LOMR CERTIFICATE.
WE DID DO THE HYDRODYNAMIC STUDY.
WE HAVE DONE A LOT OF WORK ON THIS PROPERTY, FIXING DRAINAGE, FIXING THINGS, TO MAKE SURE THAT ALL THE WATER THAT COMES DOWN FROM ALL OF OUR NEIGHBORS, BECAUSE WE ARE THE END.
WE ARE THE END STOP FOR ALL THE WATER.
WHEN WE HAD THOSE RAINS, THE WATER CAME DOWN.
IT FLOWED INTO OUR POND, JUST LIKE IT WAS SUPPOSED TO.
IT FLOWED OUT OF OUR POND, JUST LIKE IT WAS SUPPOSED TO.
NOBODY'S PASTURES HAD ANY WATER.
MY NEIGHBORS WERE VERY THANKFUL.
I HAD SOME COMMENTS TODAY ACTUALLY ABOUT, HOW LESS WATER WAS STANDING, AND SO EVERYTHING IS FUNCTIONING APPROPRIATELY.
>> IT'S BASICALLY A TWO ACRE DETENTION POND, FOR THE MOST PART SO IT'LL HELP OUT FOR THE MAJORITY OF THE TIME, OBVIOUSLY, IF THERE'S CATASTROPHIC BLOODS, NOTHING.
THIS IS ALL BEEN SHOWN BY THE HYDRODYNAMIC STUDY, AND ALSO THROUGH WHAT SHE SAID, THE TWO WEEKS THAT HE HAD WE HAD TORNADO DOWNPOURS.
I HANDLED IT VERY WELL. WHAT IT WAS SUPPOSED TO.
>> MAYBE ONE OF THE THINGS I DIDN'T UNDERSTAND BEFORE, WHAT'S THE MAXIMUM NUMBER OF HORSES YOU WOULD ANTICIPATE HAVING ON THE PROPERTY AND WHAT'S YOUR PROJECTED WATER USAGE FOR THOSE HORSES?
>> I'M PRETTY SURE BY THE ORDINANCE THAT I'M ALLOWED 21.
I WILL HAVE FOUR THAT HAVE BABIES NEXT YEAR FOR 14.
I DON'T SEE ME HAVING ANY MORE THAN 17 HORSES AT ANY TIME, BUT, WITH AN INFLUX OF OUTFLUX.
I DO HAVE A MANURE PROCESS WHERE I REMOVE MY MANURE, I SWEEP MY FIELDS.
I HAVE INSTALLED WATER DRINKERS AND ALL MY PASTURES, SO I DON'T USE 100 GALLON TANKS.
I HAVE BASICALLY A WATER FOUNTAIN.
THE HORSE STICKS HIS NOSE IN. THE WATER COMES UP.
HE DRINKS THE WATER GOES BACK DOWN INTO THE GROUND, AND IT KEEPS THE GRASS GROWING, DOES THOSE THINGS.
I HAVE AUTOMATIC WATERS IN MY BARN SO IT'S A BOWL.
IT FILLS UP. THE HORSE DRINKS.
I DON'T HAVE A BUNCH OF BUCKETS, SO I'VE HAVE DRAMATICALLY REDUCED THE AMOUNT OF WATER CONSUMPTION THAT WAS THERE WHEN THERE WAS ONLY EIGHT HORSES.
I HAVE BEEN VERY SAVVY AND TRYING TO PUT THOSE THINGS IN SO THAT I DON'T HAVE 100 GALLON TANKS THAT WE'RE DUMPING EVERY OTHER DAY TO REFILL.
MY HORSES DRINK IT GOES BACK DOWN INTO THE EARTH.
>> WE CUT OUR WATER BILL IN HALF WHEN WE PUT THOSE IN.
>> WHAT WATER USAGE BAN? WHAT DO YOU ANTICIPATE BEING?
>> I THINK I COULDN'T TELL YOU I'D HAVE TO LOOK, BUT I KNOW THAT IT'S DRAMATICALLY DECREASED.
IT DEPENDS ON WHAT'S GOING ON, BUT I CAN SUBMIT THAT, AND I COULD LOOK IT UP WHILE WE'RE WAITING AND LET YOU KNOW, BUT I DON'T HAVE IT RIGHT OFFHAND.
>> I'D BE INTERESTED IN THAT, CONSIDERING THE POSITION WE'RE IN THE WATER.
>> SURE. YES. WE HAVE BEEN SAVVY IN THAT AND PUTTING THOSE DRINKERS IN.
>> DID YOU HAVE A QUESTION [INAUDIBLE]
>> ACCORDING TO SIRI, A HORSE DRINKS 10 GALLONS A DAY.
>> [LAUGHTER] THAT'S A LOT LESS THAN WHAT WE USE FOR WATERING.
>> I DID HAVE ONE QUESTION. HOW DEEP IS YOUR RETENTION POND? HOW WIDE IS IT? AN ACRE IS 45,560 SQUARE FEET.
>> IT'S RIGHT AT TWO ACRES, AND THE MAJORITY.
THE DEEP END IS 12 FEET, THE SHALLOW END IS EIGHT FEET.
WE DID A BUNCH OF RESEARCH ON WHAT WAS THE BEST LAKE FOR FISH SPECIALLY.
[LAUGHTER] I SAID THOSE 22 VALUES FOR THAT SIZE LAKE, SO THAT'S WHAT WE DID. WE LINED IT.
IT'S GOT A LINE ON IT, AND IT'S GOT A WELL MAINTAINED INLET AND SPILLWAY.
>> WE DID CEMENT THIS, THE INLET AND THE OUTLET, SO THERE WILL BE NO EROSION.
>> WE COULDN'T KEEP WATER IN IT [OVERLAPPING]
>> OUR POND STILL HAS WATER IN IT.
>> [LAUGHTER] COUNCIL MEMBER FOR SURE YOU HAD A QUESTION.
>> YOU HAD A QUESTION. WELL, NOT REALLY A QUESTION, JUST A SUMMARY. TWO THINGS.
ONE IS YOU'RE LOOKING FOR "SUP" FOR THE RIDING ACADEMY.
REALLY, WE TALK ABOUT IT AS BOARDING AND ACTIVITIES WITH LARGE ANIMALS, WHICH OBVIOUSLY YOU'RE GOING TO BE DOING SO YOU NEED THE SUP FOR THAT, AND THAT'S WHAT YOU'RE REQUESTING.
>> THE NUMBER OF HORSES THAT YOU'D HAVE THERE, WHETHER IT BE BORDER, OR WHATEVER, YOU'RE NOT ASKING FOR ANY VARIANCE FROM THAT, FROM WHAT THE CITY ALREADY REQUIRES FROM AN ORDINANCE PERSPECTIVE?
[01:30:02]
>> THEN YOU'RE LOOKING FOR A VARIANCE ON THE ACTUAL RIDING ARENA, WHICH I THINK THE ORDINANCE IS LIKE 2,500 SQUARE FEET, IN YOUR YEARS IS 9,500 SQUARE FEET SO YOU'RE ASKING FOR A VARIANCE TO GO TO 9,500 SQUARE FEET, BUT AS FAR AS THE WAYS GOES OR LIGHTING GOES, ETC.
THE CITY HAS ORDINANCES COVERING ALL OF THOSE, YOU'RE NOT ASKING FOR ANY TYPE OF VARIANCE COVERING THOSE.
>> NO, I'M JUST ASKING TO BE COUNTRY AND HAVE A BUNCH OF HORSES AND RIDE THEM AROUND.
>> DO YOU WANT TO SUBMIT YOUR LETTERS NOW?
>> I GAVE THE LETTERS, THEY ARE THERE.
>> NO, YOU CAN JUST HAND THEM.
>> IT IS THE MORGAN'S ACROSS THE STREET AND ANYONE THAT I TRIED TO GET EVERYONE WHO WASN'T GOING TO BE ABLE TO COME TONIGHT WHO DIDN'T HAVE ANY OBJECTIONS SO THESE ARE THE NEIGHBORS THAT.
>> PER POLICY, WE WILL ATTACH THEM TO THE MINUTES OVER.
>> [NOISE] WILL I GET TO SPEAK AGAIN AFTER EVERYONE ELSE SPEAKS, SO IS THIS THE ONLY TIME?
>> I JUST WANTED TO MAKE SURE I'M ABLE TO ADDRESS ANY ISSUES THAT MY NEIGHBORS HAVE A AFTER WE'RE DONE.
>> AT THIS TIME, I WAS GOING TO GIVE LET'S SEE CHARITY.
CHARITY SMITH WILL COME UP AND WE ARE IN THE PUBLIC HEARING, SO ON THE SUP.
>> I HAVE A COUPLE. THEY'VE ADDRESSED A LOT OF THEM ACTUALLY.
I RESIDE AT 4003 WIN DREAM LANE.
I'M THE NEIGHBOR THAT IS MY PROPERTY IS ADJACENT TO THEIR PROPERTY, AND I'M MORE BACK TOWARDS THE CREEK.
THE BACK OF MY HOUSE, I HAVE WINDOWS THAT ARE THE PRIMARY BEDROOM AND THE LIVING ROOM WILL BE FACING THE 10 FOOT WALL, WHICH IS GOING TO BE A VERY LIGHT COLOR.
I BELIEVE AUBREY SAID IT'S CALLED STONE.
ONE OF MY CONCERNS AS THE WESTERN SUN, AS THE SUN IS SETTING.
MY CONCERN IS IT REFLECTING OFF THAT 10 FOOT HIGH WHITE WALL THAT'S NOW SITTING ON TOP OF A FIVE FOOT HIGH HILL, IF YOU WILL AND THEN IT'S GOING TO REFLECT, RIGHT INTO MY HOUSE SO THAT WAS ONE CONCERN THAT I HAD.
WE DID DISCUSS, ABBY SAID SHE WAS GOING TO TALK TO COLIN ABOUT POTENTIALLY DOING SOME GREENERY OR SOME TREES AROUND THE BACKSIDE.
I HAVEN'T HEARD ANYTHING FURTHER ON THAT, SO THAT MIGHT BE SOMETHING THAT SHE WANTS TO TALK ABOUT.
THE OTHER SECOND CONCERN I HAVE IS JUST AROUND THE DRAINAGE.
ONE THING THAT COLIN DIDN'T MENTION IS THAT THEY DO PUMP WATER FROM THE CREEK INTO THE POND TO FILL UP THE POND SO I DON'T KNOW IF I HAVE TO DEFER TO GARY ON THIS, BUT THAT SEEMS FILL TO ME.
I DON'T SEE HOW THAT'S ANY DIFFERENT THAN IF YOU WERE PUTTING DIRT IN THERE.
I DO HAVE A CONCERN THAT AS WE GET HEAVY RAIN AND WATER IS COMING DOWN OFF THAT HILL, OFF OF THEIR 9,600 SQUARE FOOT ROOF.
I'M NOT QUITE SURE HOW THE DRAINAGE IS GOING TO BE ON THAT SO I DO HAVE A CONCERN BECAUSE THAT'S GOING TO BE A LOT OF WATER, ALL OF A SUDDEN COMING DIRECTLY INTO THE FLOODPLAIN.
INTO A POND THAT THEY'VE ARTIFICIALLY FILLED UP.
IT'S NOT JUST A RETENTION POND.
I ACTUALLY HAVE VIDEO AND PHOTOGRAPHS A VERY LARGE, I MEAN, ALMOST THE SIZE OF VOLKSWAGEN PUMPS THAT THEY BROUGHT IN TO PUMP WATER IN, AND THEN THEY PUMPED WATER BACK OUT AND THEY PUMPED WATER BACK INTO THEIR POND TO FILL IT UP, WHICH, BY THE WAY, WAS NEXT TO MY HOUSE A WHOLE TIME RUNNING 24/7.
I DO HAVE A CONCERN ABOUT THE DRAINAGE, ABOUT THE FLOODPLAIN AND THE AMOUNT OF WATER THAT'S GOING TO BE RUNNING THROUGH THERE OFF OF THAT VERY LARGE BUILDING ROOF.
I THINK THEY'VE ADDRESSED THE ISSUES, THE FIRST TIME I TALKED TO AUBREY, SHE SAID IT WAS GOING TO BE 100% PERSONAL USE, AND THEN SHE SAID THE P&Z MEETING THAT IT WAS GOING TO BE THERE WAS BUSINESS USE, WHICH I ALREADY KNEW THAT THEY WERE DOING BUSINESS USE, BUT IT SOUNDS LIKE THEY'VE ADDRESSED THAT AND AS LONG AS ACCORDING TO ORDINANCE, THAT'S THAT.
>> COUNCIL, ARE THERE ANY QUESTIONS FOR MISS SMITH?
>> GOOD EVENING. MY NAME IS PAUL MOORE, I RESIDE AT 4307 SYCAMORE LANE AND I CAME TONIGHT TO EXPRESS MY SUPPORT OF THE MARINO'S FARM REQUEST FOR AN SUP.
I'VE HAD THE OPPORTUNITY TO GET TO KNOW THE MARINOS FAIRLY WELL.
[01:35:05]
MY FAMILIES ENJOYED GOING DOWN AND VISITING THEIR HORSES, ESPECIALLY THE NEWBORN COLT THAT HAS BEEN BORN THAT AUBREY HAS SPOKEN TO AND WE WELCOME THE ACTIVITIES THAT WE'VE SEEN ON THE STREET, THE IMPROVEMENTS THEY'VE MADE.THEY'VE EXPRESSED AND SHOWED A GREAT DEAL OF RESPECT AND CARE FOR OUR COMMUNITY, OUR NEIGHBORHOOD, AND ALL OF THE NEIGHBORS THAT MAY BE AFFECTED BY THIS SPECIAL USE PERMIT. THAT'S ALL.
>> I DID HAVE ONE THING I WANTED TO PRESENT.
>> ACTUALLY I HAVE SOME PHOTOGRAPHS.
I GOT THESE BIG, SO IF EVERYONE'S HAS GOT EYES LIKE MINE.
IS THAT WHAT YOU CAN SEE THE HEIGHT OF THE HILL AND HOW IT'S AS TALL AS THE FENCE AND THEN ALSO DIRECTLY IN FRONT, YOU CAN SEE THE FLOODPLAIN.
THAT'S WHERE THE WATER ACTUALLY DOES RUN ACROSS, AND THEN IT'S GOING TO RUN NOW DOWN THE SIDE OF THAT HILL AND ALL CONVERGE RIGHT THERE AT MY PROPERTY LINE. THANK YOU.
>> I SEE YOU HAVE A GREEN CARD.
>> YES. I JUST WANTED AS YOU KNOW, I APPRECIATE YOU GIVING ME THE TIME TO COME ASK QUESTIONS HERE, BUT FORTUNATELY, THE QUESTIONS I HAD WERE ANSWERED DURING YOUR HEARING, SO THANK YOU VERY MUCH.
>> THANK YOU. SIR, YOU WANT TO COME UP TO THE PODIUM, PLEASE AND BRING THAT GREEN CARD WITH YOU.
PLEASE STATE YOUR NAME AND YOUR ADDRESS.
>> GOOD EVENING. MY NAME IS HERB, AND LAST NAME IS SHERIFF.
I LIVE AT 3731 BUCKBOARD DRIVE, WHICH IS RIGHT NEXT TO PARKER ROAD.
I HAVE A SCREENING WALL THAT RUNS ALONG MY PROPERTY DOWN TO THE OVERPASS SO MY PROPERTY AT THE BACK YARD, ARE THE COTTONWOOD CREEK RUNS THROUGH MY BACK YARD, AND I'M ACROSS FROM THE 20 ACRE PLOT.
MY CONCERN IS NOT SO MUCH THE ARENA, BUT THE LAY OF THE LAND AND HOW IT SLOPES.
IN OVER THE YEARS, I'VE BEEN THERE 25 YEARS, AND I'VE BEEN THERE WHEN TORRENTIAL RAINS HAVE COME DOWN AND FLOODED THAT AREA TO WHERE PARKER ROAD WAS CLOSED.
IT CAME UP ALMOST TO MY POOL, WHICH IS PROBABLY 100 YARDS WEST OF THE CREEK.
MY CONCERN IS IN THE LAST COUPLE OF MONTHS, I'VE NOTICED AND PRIOR TO THAT, THE FORMER MAYOR PARKER, IT WAS HIS PROPERTY, AND HE HAD HORSES AND CATTLE.
HE ALSO HAD A POND WATERING POND ON THE PROPERTY.
IN THE LAST COUPLE OF MONTHS, THAT HAS BEEN BULLDOZED OVER[NOISE] TOWARDS THE CREEK.
THE WHOLE ACREAGE HAS BEEN BULLDOZED DOWN TOWARDS THE CREEK, AND ALL THE BRUSH AND EVERYTHING HAS COME DOWN TOWARDS THE CREEK.
THERE'S ALSO BEEN DIRT FILL HAS COME IN AND ELEVATED THE PROPERTY.
MY CONCERN IS A TORRENTIAL RAIN, WE'RE TALKING [LAUGHTER] TWO, THREE DAYS OF TORRENTIAL RAIN, AND THE OVERPASS BACKS UP THAT WATER AND MY PROPERTY IS AGAINST THAT OVERPASS, AND SO WHEN THE CREEK FLOWS, IF THAT PROPERTY IS ELEVATED, IT'S GOING TO PUSH THAT PRESSURE OF THE WATER OVER ON MY BANK.
OVER THE YEARS, THAT BANK HAS ERODED PROBABLY 4-6 FEET, BUT JUST BECAUSE IT COMES UP OCCASIONALLY, IT COMES UP TO THE BANK, ALL THE WAY UP.
IN 2016, I THINK IT WAS THE YEAR AND THAT WAS THE YEAR WHEN THE WATER CAME UP TO THE POOL, EVERYTHING IN MY YARD FLOATED AWAY.
[LAUGHTER] MY NEIGHBOR, THEY BROUGHT IN THE FIRE DEPARTMENT BROUGHT IN THE LONG BOAT TO TAKE OUT
[01:40:04]
MY NEIGHBOR BY THE BOAT BECAUSE THEY WERE AFRAID THAT HER HOUSE WOULD BE FLOODED AND SHE WAS INVALID, SO THEY CAME DOWN TO TAKE HER OUT.LIKE I SAY, THE LAY OF THE LAND, AS IT SLOPES DOWN, PUTS PRESSURE ON MY SIDE OF THE BANK, AND I'M NOT SURE IF I HAVE ANY NEIGHBORS HERE OR NOT, BUT THEY'D TELL YOU THAT IT'S PRONE TO FLOOD BECAUSE OF THE OVERPASS, AND IF THE LAND IS FILLED IN ANYMORE OR IS ELEVATED, THAT JUST CREATES A GREATER PRESSURE ON MY SIDE OF THE BANK.
I HEARD THAT THERE WAS A REPORT DONE, BUT YOU GOT TO HAVE A TORRENTIAL RAIN TO SEE HOW THAT CREEK FLOWS AND THE FORCE OF IT.
I CAN STAND ON MY BACK DOOR AND OPEN IT AND HEAR THE ROAR OF THE CREEK COMING DOWN.
LIKE I SAY IN 2016, THE FIRE COMPANY HAD THEIR FIREMEN UP ON THE CREEK PUSHING TREES AND DEBRIS DOWN UNDER THE OVERPASS, SO IT WENT BACK UP OR FLOOD COME THROUGH THERE.
IT IS PRONE TO FLOOD, BUT AS FAR AS THE ARENA, I DON'T HAVE COMPLAINT AGAINST THE ARENA.
IT'S THE LAY OF THE LAND AND HOW IT AFFECTS THE FLOW OF THE CREEK.
THAT ALL I HAVE, ANY QUESTION?
>> COUNCIL ANY QUESTION? COUNCIL MEMBER KIRCHO?
>> I HAVE A QUESTION. RESPECTIVELY, WHAT YOU'RE TRYING TO SAY, DO YOU BELIEVE THAT [INAUDIBLE] INTO THE CREEK [INAUDIBLE]
>> NO WELL, THE BULLDOZERS COME DOWN AND PUSHED IT ALL PROBABLY 10 YARDS UP UP THE SIDE FROM THE CREEK.
THAT'S NOT IT. THE POND [OVERLAPPING].
>> THERE'S BEEN DIRT BROUGHT IN TO ELEVATE IT, SO WHICH IS GOING TO [OVERLAPPING]
>> IF IT RAINS OR WHATEVER, IT'S GOING TO PUSH THAT WATER OVER TOWARDS THE OTHER WHICH IS THE CITY OF PLANO.
ON THE OVERPASS, WE LIVE IN PLANO, AND WHEN YOU GO ACROSS THE OVERPASS, THAT'S PARKER.
>> THAT WAS GOING TO BE MY SECOND QUESTION.
IS THAT YOU BELIEVE BECAUSE OF THE ELEVATION, IS THAT PREVIOUSLY WHEN THAT CREEK OVERFLOWED, DID IT OVERFLOW ON YOUR PROPERTY AS WELL AS WHAT IS TODAY, THE MARINO'S PROPERTY AND BECAUSE THEY'RE HIGHER, IT'S GOING TO LESS WATER [OVERLAPPING]
BUT THEY COULD PROBABLY ANSWER THAT BECAUSE THEY'VE BULLDOZED THAT LIKE I SAY, THERE WAS A WATERING POND THAT DA MAYOR USED TO USE FOR HORSES AND CATTLE, AND THAT HAS ALL BEEN FILLED IN AND BULLDOZED DOWN TOWARDS THE CREEK.
WHETHER YOU'RE GOING TO EVER HAVE A THREE, FOUR DAY TENTIAL RAIN, YOU DON'T KNOW.
THERE'S ALWAYS A RISK, BUT ALL I CAN SAY IS THAT IN THE PAST, I SAY, I'VE LOST, LIKE I SAID, EVERYTHING THAT WAS IN THE BACK YARD FLOATED AWAY ON THE ONE.
I DON'T KNOW. IF YOU ELEVATE THAT AND PUSH IT BACK OVER TOWARDS THE PLANO RESIDENTS, I THINK THERE'S A RISK THERE.
IT'S NOT SO MUCH THE ARENA, BUT IT'S HOW YOU'RE GOING TO LAY OF THE LAND.
OF COURSE, I HEARD THAT THERE WAS GOING TO BE A LETTER OF AMENDMENT MAP AMENDMENT SENT BY FIMA.
SO APPARENTLY, NO LOOK AT IT. I DON'T KNOW.
>> I WAS GOING TO ASK THAT IS THAT POTENTIALLY THAT LO MAR ADDRESS [OVERLAPPING] YOU'RE RIGHT.
YOUR PARTICULAR POINT DOESN'T REALLY HAVE ANYTHING TO DO WITH THE ARENA OR THE SUP ITSELF, BUT IT IS A VALID QUESTION, AND HOPEFULLY THEY CAN ANSWER THAT IN REGARDS TO LO MAR.
>> I DON'T HAVE IT ABOUT THE ARENA THAT'S FINE.
>> THANK YOU. ANY OTHER QUESTIONS.
[01:45:02]
MS. AUBREY, MS. MARINO, YOU WANTED TO COME BACK AND SAY SOMETHING YOU OR DR. MARINO?>> AS FAR AS WATER USAGE, I ADDED UP MY LAST EIGHT MONTHS.
ON AVERAGE, I USE ABOUT 13,000 GALLONS A MONTH.
>> THEN AS FAR AS THE DRAINAGE GOES, I DO HAVE A VIDEO SHOWING HOW THE POND INLET WORKS AND THE WATER COMING OFF OF THE NEIGHBOR'S PROPERTY, IF ANYONE WOULD LIKE TO SEE THAT.
BUT WE DID, SEE THAT AT WORK, AND IT DOES WORK.
IT SHOWS THE WATER COMING OFF THE HILL.
WE ARE AT THE BOTTOM CORNER, SO ALL THE WATER COMES DOWN FROM THE ROAD, AND IT ALSO COMES FROM THE NEIGHBOR, AND IT ALSO COMES DOWN OUR STREET.
THE WATER THAT COMES IN BETWEEN THE NEIGHBOR RUNS DOWN AND BETWEEN THE NEIGHBOR'S FENCE AND THE HILL, AND IT RUNS INTO THAT INLET AND INTO THE POND.
THE WATER THAT COMES ACROSS CHARITY'S PROPERTY RUNS THROUGH MY PROPERTY INTO THE INLET AND INTO THE POND.
WE ALSO HAVE WATER THAT COMES DOWN THE STREET THAT COMES DOWN THE CORNER OF MY PROPERTY AT THE VERY BACK.
THERE WAS A VERY LARGE DRAINAGE TUBE THAT WAS CLOGGED THAT WE SPENT SOME TIME TO CLEAN OUT, SO THAT WATER COMES DOWN THE BACK OF OUR PROPERTY AND GOES DOWN TO THE CREEK.
WE HAVE GRADED EVERYTHING MULTIPLE TIMES.
WE'VE HAD ELEVATION SURVEYS DONE MULTIPLE TIMES TO MAKE SURE THAT THE GRADE IS PERFECT SO THAT THAT WATER SHEDS APPROPRIATELY DOWN THE PROPERTY AND OUT LIKE IT'S SUPPOSED TO.
I KNOW THAT THERE'S ALWAYS A LOT OF COMPLAINTS ABOUT PEOPLE HAVING WATER BACKUP THAT COME INTO COUNCIL.
MY NEIGHBOR DOESN'T DO THIS, MY NEIGHBOR DOESN'T.
WE HAVE GONE TO GREAT LENGTHS AND HAD MULTIPLE SURVEYS DONE TO MAKE SURE THAT THE WATER COMES DOWN APPROPRIATELY AND GOES WHERE IT NEEDS TO GO.
THE BUILDING WILL HAVE GUTTERS, AND IT WILL BE THAT WATER WILL BE ADDRESSED TO GO WHERE IT NEEDS TO GO.
DO YOU WANT TO SPEAK TO THE OTHER THING?
>> JUST THERE WAS A COUPLE OF COMMENTS ABOUT US BRINGING IN DIRT.
IT'S JUST BEEN MOVED ON THE PROPERTY, IT'S NOT BEEN PUSHED INTO THE CREEK, NOBODY'S BROUGHT IN TRUCKLOADS OF DIRT OR ANYTHING.
THE DIRT THAT CAME OUT OF THE POND THERE NOW WENT INTO THE OLD POND TO CLOSE IT TO MAKE IT FLAT.
THEN THE REST OF THAT DIRT WENT UP.
SOME ON THE 500 YEAR FLOODPLAIN AND THEN SOME RIGHT THERE WHERE THE ARENA IS GOING TO BE.
THEN WE'VE BEEN COMPLIANT WITH THE CITY AND FIMA TO FOLLOW ALL THE REGULATIONS, GET THE HYDRODYNAMIC STUDY DONE.
THEN WE ARE APPROVED THROUGH FIMA.
WE JUST HAVEN'T GOTTEN A LETTER FROM THE CITY THAT, WHAT IS IT THE ACKNOWLEDGMENT?
>> JUST NEEDED THE COMMUNITY ACKNOWLEDGMENT.
>> COMMUNITY ACKNOWLEDGMENT LETTER, BUT IT'S BASICALLY BEEN TOLD TO US THAT AS SOON AS WE SEND IN THAT LETTER, IT'S APPROVED THROUGH FIMA, AND THEY'RE GOING TO REDO THE MAP.
ONE OTHER THING, I THINK, AS FAR AS IT BEING A DETENTION POND, WHEN IT IS FULL AND IT IS GOING OVER THE SPILLWAY BACK INTO THE CREEK, IT'S STILL TWO FEET LOWER THAN OUR NEIGHBOR'S PROPERTY.
IT WILL CATCH THAT WATER, HOLD IT UNTIL IT DRAINS OUT.
IT'S NOT 100% IN THE DETENTION POND, BUT IT WORKS THE SAME WAY, EXACTLY THE WAY YOU WOULD DO FOR ANY BUSINESS OR ANYTHING IN THE CITY.
I THINK IT'S AROUND TWO MILLION GALLONS, IF YOU CALCULATE IT.
I THINK THE WHOLE POND IS SEVEN MILLION.
THEN THE OTHER THING WAS PUMPING OF WATER.
WE ONLY NEED TO PUMP WATER WHEN IT GETS DRY, AND WE HAVE WATER RIGHTS ATTORNEY THAT WROTE US A LETTER SAYING THAT WE'RE PERMITTED UP TO 70 MILLION GALLONS A YEAR FOR AGRICULTURAL PURPOSES FROM THE CREEK.
>> JUST TO SPEAK, WHEN WE MOVED IN, WE GOT A LOT OF FEEDBACK FROM OUR NEIGHBORS ABOUT THE WATER BACKING UP ONTO THEIR PROPERTY AND FILLING THE FIELD, AND WHEN WE GOT THE ELEVATION ST HE DONE, THE SMALL POND THAT WAS AT THE BACK OF THE PROPERTY, SO THE WATER HAD TO COME ALL THE WAY DOWN THROUGH OUR PROPERTY, HAD A LARGE HILL, AND THERE WAS A VERY SMALL AREA WHERE THE WATER COULD GO OUT.
BASICALLY, WE RESHAPED IT SO THAT THE WATER DIDN'T GET TO THIS HILL ANYMORE AND THEN BACK UP ON EVERYONE'S LAND, AND THEN WHEN IT FINALLY GOT OVER THE HILL, IT WOULD GO OUT.
WE MADE THE POND BIGGER SO THE WATER COMES IN AND THEN GOES OUT APPROPRIATELY.
IT DOESN'T HAVE TO GO ALL THE WAY DOWN TO THE OTHER SIDE OF THE LAND. IT IS AN IMPROVEMENT.
[01:50:03]
>> ON THE BACK SIDE OF OUR FENCE, YOU CAN SEE PREVIOUS WATER LINES ON OUR FENCE THAT ARE UP ABOUT TWO TO THREE FEET, IT'S JUST TURNED BLACK FROM WATER SITTING THERE AND BACKING UP ON THE PROPERTY AND IT NO LONGER DOES THAT.
>> DO YOU USE THE POND AT ALL FOR WATERING THE HORSES? OR YOU ONLY USE THE NIPPLE DRINKING SYSTEM THAT YOU HAVE FOR?
>> WE DO NOT USE THE POND FOR WATERING THE HORSES.
>> THEY CAN IN AN EMERGENCY USE THE POND, THOUGH, BECAUSE IT'S WATER THAT'S ACCESSIBLE.
PREVIOUSLY, WHEN WE DIDN'T HAVE A LINER, OUR INTENTION WAS NOT TO HAVE THE HORSE DRINK IT BECAUSE IT'S SO RICH IN LIME AND SO ACATIC THAT MAYBE WE DIDN'T KNOW IF IT WAS GOING TO BE BAD FOR THE HORSES OR NOT, BUT EVEN IN THAT SITUATION, WE COULD USE IT AS AN EMERGENCY WATER SOURCE, AND OF COURSE, ANY POND OR WATERWAY IN THE STATE OF TEXAS IS THE WATER IS OWNED BY THE STATE, SO THEY CAN USE THE WATER AT ANY TIME WHEN THEY WANT TO ALSO.
>> OUR PREVIOUS PROPERTY, WE PUT A PUMP IN OUR POND, AND WE DID USE THOSE TO WATER THE HORSES.
WE DON'T HAVE ANY ELECTRICITY DOWN THERE AT THIS POINT.
IT'S NOT SOMETHING THAT'S FEASIBLE TO DO AT THIS TIME.
IN THE FUTURE, IT MAY BE SOMETHING THAT WE CAN DO, BUT AT THIS POINT, PUTTING A PUMP DOWN THERE TO PUMP OUT, IT DOESN'T WORK RIGHT NOW.
>> IS THE POND MOSTLY DECORATIVE THEN?
>> IT'S TO CATCH RAINWATER BECAUSE OF ALL THE WATER SHED THAT COMES OFF.
IT'S A LARGE AMOUNT OF WATER, AND I CAN SHOW YOU A VIDEO OF HOW MUCH WATER COMES IN FROM THE NEIGHBORING PROPERTIES.
BUT THERE WAS A POND THERE FOR A REASON AND THE PROPERTY NEEDS A POND.
IT IS A LARGE AMOUNT OF WATER THAT COMES INTO OUR PLACE.
>> I UNDERSTAND THE RETENTION. I'M JUST CURIOUS HOW YOU GET AGRICULTURAL USE PERMIT TO TAKE WATER OUT OF THE CREEK FOR A POND THAT'S NOT ESSENTIALLY AGRICULTURAL USE POND.
>> IT'S FOR FISH AND FOR EMERGENCY USE FOR HORSES.
>> FOR FISH FOR FISHING OR UTILIZATION.
>> NO, I'M SORRY [OVERLAPPING]. ARE YOU FARMING FISH?
>> THEN THAT WOULDN'T BE AGRICULTURAL USE.
THE LOCATION OF THE PROPOSED ARENA, DID YOU GIVE ANY CONSIDERATION TO PUTTING IT ON THE SOUTHERN END OF THE PROPERTY INTO THE NORTHERN END SO THAT YOU WOULDN'T BE IMMEDIATELY ADJACENT TO A RESIDENCE?
>> YES. THERE'S ONLY A CERTAIN PLACE BECAUSE OF WHERE OUR RESIDENCE IS AND THE OTHER BUILDINGS ON OUR PROPERTY.
IT IS BASICALLY THE ONLY PLACE THAT CAN GO.
IT HAS TO BE 100 FEET AWAY FROM THE FENCE.
IT HAS TO BE SO FAR AWAY FROM THE FRONT LINE OF THE FENCE.
WHEN IT ALL WORKS OUT, THAT IS.
>> IT CAN'T BE IN A FLOOD ZONE.
ALL OF THE BACK SIDE OF THE PROPERTY IS ALL IN A FLOOD ZONE, AND THIS IS ALL TOO CLOSE TO THE ROAD.
>> I UNDERSTAND THE WESTERN SIDE OF IT BEING IN THE FLOODPLAIN.
I WOULD THINK YOU MIGHT COULD HAVE GOTTEN AN EXEMPTION ON HOW CLOSE YOU COULD BUILD TO YOUR PROPERTY LINE TO BUILD IT CLOSER TO THE EAST AND TO THE SOUTH RATHER THAN IT JUST SEEMS LIKE IT'S IN THE MOST INCONVENIENT PLACE RELATIVE TO A NEIGHBOR THERE.
>> WELL, THE NEIGHBOR WHO IS MOSTLY AFFECTED BY WHO'S RIGHT NEXT TO IT, HAS ABSOLUTELY NO OBJECTION AND IS VERY EXCITED ABOUT IT GOING IN.
>> JUST A COUPLE OF REVENUE QUESTIONS FOR ME.
IS THERE SALES TAX ON ANY OF THE BUSINESSES THAT YOU PERFORM THERE? DO YOU PAY SALES TAX FOR EITHER TRAINING? YOU COLLECT SALES TAX FOR EITHER TRAINING OR BREEDING?
>> WE JUST STARTED, BUT I WILL PAY SALES TAX ONCE I SELL AND BUY AND SELL HORSES, YES.
IN THE END WHEN IT COMES DOWN TO IT, I DO FILE TAXES AND PAY SALES TAX.
>> NO. I'M NOT. IS TRAINING A TAXABLE [OVERLAPPING] SALES TAX IN TAXES?
>> I BELIEVE THE TRAINER WOULD HAVE TO PAY THAT TAX I DON'T KNOW THE ANSWER TO THAT ONE.
>> [OVERLAPPING] IS I'M GENERALLY IN FAVOR, AND PEOPLE HAVE HEARD ME SPEAK ABOUT THIS BEFORE WHEN I WAS FIRST RUNNING FOR CITY COUNCIL.
I'M GENERALLY IN FAVOR OF US HAVING SOME LIGHT COMMERCIAL IN PARKERS SO THAT WE HAVE ADDITIONAL SOURCES OF REVENUE OTHER THAN JUST PROPERTY TAX.
I'M GENERALLY IN FAVOR OF LIGHT COMMERCIAL IN THE CITY.
I'M WONDERING ARE WE GOING TO GET ANY SALES TAX REVENUE OFF OF WHAT YOU'RE DOING, NUMBER 1, NUMBER 2, IS THE ARENA THAT YOU'RE GOING TO BUILD GOING TO BE EXEMPT FROM PROPERTY TAXES BECAUSE IT'S AGRICULTURAL USE OR ARE YOU GOING TO PAY PROPERTY TAXES ON THE ARENA?
>> WE ONLY GET SO MUCH OF AG EXEMPTION, AND SO I DO STILL PAY A LARGE PORTION.
BUT I DO GET AGRICULTURAL EXEMPTION ON SOME OF MY PROPERTY UP TO A CERTAIN PERCENT BECAUSE WE ARE AG.
>> DO YOU KNOW WHETHER OR NOT IN ARENA IS SUBJECT TO AN EXEMPTION FOR PROPERTY TAX?
>> I DO CURRENTLY PAY SOME PROPERTY TAX FOR THE ONE I CURRENTLY HAVE.
[01:55:02]
I ALSO PAY SOME PROPERTY TAX ON MY BARN.WHEN YOU TAKE THE AMOUNT OF PROPERTY, THEN THEY TAKE OFF A CERTAIN AMOUNT.
I DO STILL PAY ON THE STRUCTURES THAT I HAVE.
IT'S JUST NOT AS MUCH AS SOMEONE WHO DOESN'T HAVE AGRICULTURAL USE.
>> BUT IN THIS CASE, THE ARENA IS GOING TO BE FOR COMMERCIAL USE FOR TRAINING.
>> YES, I HAVE A COMMERCIAL FARM. YES.
>> THAT'S HOW WE HAVE OUR AG EXEMPT IS THROUGH, BREEDING OF HORSES.
>> I'M SORRY. I'M ASSUMING, OBVIOUSLY, WHEN YOU ADD THIS AS A ENHANCEMENT TO THE PROPERTY OVERALL, THEN THE ASSESSMENT OF THE PROPERTY IS GOING TO GO UP, SO THEN THE PROPERTY TAX WOULD GO UP ALSO.
>> CORRECT. I DO GET A BREAK BECAUSE I HAVE ANIMALS, BUT I DON'T GET ZERO SUM.
>> I'M JUST THROWING IT OUT THERE BECAUSE I THINK THAT'S WHAT CATCHES IT.
>> TWO QUESTIONS FOR YOU. ON YOUR PUMP, WHAT'S YOUR GALLONS PER MINUTE? HAVE YOU EVER HAD A SITUATION WHERE THE FLOOD WAS SO BAD THAT YOU HAD TO PUMP BACK INTO THE CREEK?
>> WELL, WE ONLY USED THE PUMP TEMPORARILY.
WE FILLED THE POND UP AND PUT THE LINER IN AND WE NEEDED TO TEST THE LINER.
WE GOT THE PUMP TO PUMP THE WATER IN SO THAT WE COULD SEE IF THE LINER WOULD HOLD.
WE DON'T CURRENTLY HAVE, WE HAVE JUST A SMALL CAPACITY PUMP.
>> THERE'S NO PUMP THAT'S PERMENT THERE.
WE RENTED A PUMP TO DO THAT THE SIX INCH PUMP TO DO THAT, TO FILL IT UP, TO MAKE SURE THAT THE LINER WAS SEALED AND IT WAS WORKING AND THEN WE BROUGHT IT BACK DOWN SO WE COULD GRADE THE EDGES AND STUFF LIKE THAT.
RIGHT NOW, WE HAVE IT DOWN FOR THE SAME REASON.
WE'RE TRYING TO GET GRASS GROWING ON THE EDGES.
THE HORSES OUT IN THE PASTURE, DO THEY HAVE ACCESS TO THE POND TO DRINK OUT OF IT AND MAKE THE DECISION, OR HOW DOES IT WORK AT YOUR RANCHORA?
>> WELL, CURRENTLY HAVE TEMPORARY FENCES.
IN THE END, THE GOAL IS TO HAVE PERMANENT FENCES WHERE THE HORSES CAN HAVE SOME ACCESS TO THE WATER IF NEEDED.
IT'S REALLY HARD SITUATION BECAUSE IT HAS A LOT OF LIME IN IT.
IF YOU GIVE YOU TAP WATER VERSUS LIMEY WATER, THEY DON'T NORMALLY CHOOSE TO USE THE POND, BUT THEY DON'T CURRENTLY HAVE ACCESS, BUT IN THE END WHEN THE PROPERTY IS DONE, THEY WILL HAVE SOME.
>> UNDERSTOOD. THE PREDOMINANTLY HORSES THAT ARE INBOX STALLS, 24/7, EXCEPT FOR WHEN THEY'RE RIDING IN TRAINING, ETC?
>> NO. I HAVE TWO THAT ARE PERMANENTLY SOLVED.
THEY'RE VERY OLD AND THEY CAN'T GO OUT WHEN IT'S MUDDY.
THE REST OF MY HORSES GENERALLY STAY OUT 90% OF THE TIME UNLESS SOMETHING'S NEEDED.
BUT WHEN WE DID ALL THIS GRADING, WE TORE DOWN ABOUT 90% OF OUR FENCES.
RIGHT NOW, I JUST HAVE LITTLE TINY ELECTRIC FENCES, AND THE GROUND IS VERY HARD.
THEY HAVE LITTLE SPOTS WHERE THEY ARE, AND IT'S A MOVING PROCESS.
HOPEFULLY IN THE NEXT FOUR MONTHS, I'LL HAVE PERMANENT FENCES THAT WILL ALLOW THEM TO MOVE A LITTLE DIFFERENTLY.
>> MY OTHER QUESTION IS FOR MR. MACHADO, YOUR THOUGHTS ON WATER DRAINAGE ON THIS PARTICULAR ISSUE?
>> WE'VE WORKED ON THAT THROUGH THE HYDROLOGIST IN THERE AND THEY'VE BEEN THERE AS.
>> JUST A COUPLE OF QUESTIONS.
ONE AS I KNOW, [INAUDIBLE], CLARE PERSPECTIVE, YOU WANT TO ANSWER HOW YOU'RE ADDRESSING THAT.
>> WE DID ORDER A MATTE FINISH, AND IT IS ON ANYTHING YOU READ, MOST HOAS REQUIRE A MATTE FINISH SO THAT THERE IS VERY MINIMAL GLARE, SO WE ARE DOING THAT.
YOU DON'T KNOW UNTIL IT'S BUILT WHETHER THERE'S GOING TO BE A GLARE.
IF THERE IS SOMETHING THAT THE MATTE FINISH DIDN'T ADDRESS, WE'RE HAPPY TO APPLY SOME DOLING FINISH OR DO ANYTHING THAT'S NEEDED TO MAKE HER QUALITY OF LIVING THE SAME AS IT IS NOW.
SHE HAS A NICE PIECE OF ACREAGE THAT JUST HAPPENS TO BE NEXT TO MINE.
I'VE GONE ABOVE AND BEYOND TO MAKE SURE MY NEIGHBORS WATER FLOW THROUGH THEIR PROPERTY, AND WE HAVE EVERY INTENTION ON FIXING ANYTHING THAT MIGHT CAUSE AN ISSUE TO ANYONE ELSE.
BUT WE DID ORDER A MATTE FINISH FOR THE METAL TO MAKE SURE THAT IT WAS THE LEAST AMOUNT OF GLARES POSSIBLE IF THERE HAPPENS TO BE ONE.
BUT WE CAN'T TELL TILL IT'S GOING TO BE BUILT.
>> THEY ALSO MAKE PRODUCTS THAT YOU CAN SPRAY OVER IT THAT ABSORBS LIGHT INSTEAD OF REFLECTS LIGHT.
THAT'S AN EASY FIX IN ABOUT TWO HOURS FOR THAT WALL, IF IT'S A PROBLEM.
>> DO I REMEMBER READING ANYTHING ABOUT SOME AGREEMENT TO PUT LANDSCAPING OR TREES OR LARGE [OVERLAPPING] PERIMETER.
>> THE AREA SHE LIVES IN IS IN AE.
I CANNOT PUT ANYTHING ON THAT FENCE LINE THAT WILL BLOCK THE FLOODWATER.
[02:00:05]
AFTER EVALUATING, I CAN'T PUT ANYTHING THERE.PUTTING TREES UP NEXT TO MY ARENA, ROAD CAUSE LEAVES AND OTHER THINGS THAT WOULD JUST NOT BE FEASIBLE FOR HAVING AN ARENA.
BUT THERE ARE OTHER THINGS WE CAN DO TO THE BUILDING ITSELF THAT CAN REDUCE THE GLARE OR ISSUES, BUT HER FENCE LINE, SHE IS IN FLOODWAY.
I CAN'T TOUCH ANYTHING AND HAVE NOT TOUCHED ANYTHING ON THAT SIDE OF THE FENCE OR THAT AREA.
>> THE OTHER ISSUE COULD BE JUST SOME STRUCTURE THAT WOULD COME ACROSS AND CHANGE THE REFLECTION, THAT'S NOT GOING TO BE AN ISSUE EITHER, JUST CHANGE THE DIRECTION OF WHEREVER THE LIGHT IS GOING.
THERE'S PLENTY OF WAYS TO FIX IT IF IT BECOMES A PROBLEM.
>> WAS A PERMIT FROM THE CITY STATE OR FEMA NEEDED FOR THE POND?
>> IT WAS ADDRESSED IN THE LAW.
>> THE PROBLEM WAS ADDRESSED IN THE LAW.
>> I JUST WANT TO MAKE SURE I'M HEARING YOU CORRECTLY.
IF THIS WERE APPROVED, HYPOTHETICALLY, YOU'RE WILLING TO SPRAY IT, MAKE SURE IT'S MATTE, AND IT DOESN'T GLARE AND OR PUT SOME POTENTIAL SHRUBBERY UP OR SOMETHING TO KEEP THE GLARE GOING DOWN THE ROAD.
I'M HEARING PRETTY OPENNESS; IS THAT CORRECT?
>> WE'RE WILLING TO DO THINGS TO THE BUILDING THAT WOULD MAKE IT NOT GLARE.
I'M TRYING TO STAY AWAY FROM THINGS THAT HAVE TO BE WATERED.
THINGS ARE GOING TO TAKE MORE WATER THAN I NEED.
THERE ARE THINGS THAT CAN BE DONE TO THE BUILDING ITSELF THAT I WOULD LIKE TO TRY FIRST BEFORE I PLANT SOMETHING THAT TAKES WATER THAT I DON'T REALLY WANT TO USE.
>> SOMEONE LEFT THEIR PHONE? [LAUGHTER] A COUNCILMAN PROGRAM, IT'S ACTUALLY YOUR LUCKY NIGHT BECAUSE I'M A CPA AND ACTUALLY SPECIALIZE IN TAXES.
IT'S ALL AG EXEMPT, EVERYTHING THAT THEY'RE DOING, SO THERE WILL BE NO ADDITIONAL, LIKE SALES OR USE TAXES ON THAT.
THE OTHER THING WITH RESPECT TO THE PROPERTY TAXES IS BECAUSE THEY DO HAVE AN AG EXEMPTION FOR THE HORSE BREEDING THROUGH THE COUNTY.
ACTUALLY WHAT HAPPENS IS THEY MARK IT TO FAIR MARKET VALUE.
THEN WHAT THEY DO IS THEN THERE'S AN EXEMPTION FOR THE AG, AND IT MARKS IT DOWN TO THE AG VALUE, WHICH IS GENERALLY ZERO.
OR AS COLIN MENTIONED, THEY HAVEN'T MADE ANY MONEY, SO IT MAY ACTUALLY BE NEGATIVE, WHICH THEY WON'T GET A REFUND BACK OF THEIR TAXES, BUT THEY'RE BASICALLY, GENERALLY SPEAKING, WILL BE VERY LITTLE TO NO ADDITIONAL PROPERTY TAX.
I JUST WANT TO ADDRESS THAT BECAUSE I WAS ABLE TO.
>> I JUST I DON'T REALLY UNDERSTAND HOW TRAINING HORSES AND TRAINING RIDERS IN PARTICULAR IS AN AGRICULTURE ACTIVITY, AS OPPOSED TO JUST A COMMERCIAL ACTIVITY.
>> YOU HAVE TO TALK TO THE STATE ABOUT THAT.
>> IT'S BREEDING OF THE ACTUAL ANIMALS.
THERE'S AG DEAL JUST LIKE BEES AND OTHER THINGS.
THERE IS A DEAL IN THERE FOR HORSES THAT YOU HAVE TO BASICALLY BREED X NUMBER OF MARES PER YEAR BY NUMBER OF ACREAGE TO GET AG EXEMPTION.
>> I UNDERSTAND BREEDING'S DIFFERENCE IN TRAINING, THOUGH.
>> DOING IS BREEDING [OVERLAPPING].
>> THE ARENA IS FOR TRAINING, NOT FOR BREEDING. THAT'S MY POINT.
>> YEAH. YOU CAN ONLY TRAIN A HORSE THAT'S BEEN BIRTHED, SO I UNDERSTAND THAT.
>> AT THIS TIME, [INAUDIBLE] I AM CLOSING THE PUBLIC HEARING.
COUNCIL, DO YOU HAVE ANY QUESTION? MR. KERCHO.
>> MY ONLY QUESTION IS, WE'VE GOT TWO THINGS.
WE'VE GOT THE SUP AND WE'VE GOT THE VARIANCE.
ARE WE SEPARATING IT FROM A VOTE PERSPECTIVE OR HOW ARE WE ADDRESSING THAT?
>> WHAT ARE THE TWO THINGS TO CHOOSE?
>> ONE IS THE SUP IN THE WRITING ACADEMY, AND THE OTHER IS A VARIANCE ON THE BUILDING OF A ARENA.
>> I'M GOING TO HAVE TO ASK GARY FOR AN OPINION.
>> WHAT WE'VE DONE IN THE PAST ON STUFF LIKE THIS IS THE SUP COVERED THE SIZE OF THE BUILDING ALSO.
>> DOES THAT ANSWER YOUR QUESTION?
>> ANY OTHER QUESTIONS, COMMENTS, DISCUSSION, COUNCIL? IF NONE, I WILL CALL FOR A MOTION.
[02:05:03]
>> MADAM MAYOR, I MOVE TO APPROVE THE SPECIAL USE PERMIT ALLOWING THE BOARDING AND ACTIVITIES WITH HORSES, SOMETIMES REFERRED TO AS A RIDING ACADEMY FOR THE PROPERTY AT 3901 SYCAMORE LANE FOR COLIN AND AUBREY MARINO.
ALSO, I WOULD LIKE TO MOVE TO APPROVE A VARIANCE ON THE ACCESSORY BUILDING FROM 2,500 SQUARE FEET TO 9,500 SQUARE FEET.
>> MADAM MAYOR, I WOULD SECOND THAT MOTION.
>> I WILL LIKE TO NOTE BEFORE GOING FURTHER THAT YOU SHOULD HAVE RECEIVED ON YOUR DESKTOP TONIGHT BECAUSE I'M NOT SURE IT MADE IT INTO THE PACKET, THE RECOMMENDATION FROM PLANNING AND ZONING, WHICH THEY RECOMMEND APPROVAL OF THE SPECIAL USE PERMIT WITH CONDITIONS THAT THE REFLECTIVITY IN LIGHTING USAGE BE ADDRESSED WITH TREES OR OTHER SOLUTIONS.
I THINK WE'VE HEARD FROM MARINOS ON THAT.
IT'S JUST DO YOU FEEL THAT THERE'S ANY OTHER CONDITIONS THAT SHOULD THIS BE APPROVED THAT SHOULD BE IMPOSED?
DON'T WE HAVE TO VOTE ON IT BEFORE WE WOULD DO ANYTHING LIKE THAT?
>> I WAS JUST THROWING IT OUT TO SEE IF THERE WAS.
THEN I WILL CALL FOR YOUR VOTE BECAUSE WE HAVE A MOTION BY COUNCIL MEMBER KIRCHO AND A SECOND BY MAYOR PROTEM REID TO APPROVE THE SEP AND VARIANCE.
AT THIS TIME, I WILL CALL FOR YOUR VOTE.
ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
>> MS. PILGRIM, YOU ARE AGAINST?
>> WITH THE THREE TO ONE VOTE, THE SUP AND VARIANCE IS APPROVED.
NOW, I WILL ASK IN LIGHT OF YOUR QUESTION, IS THERE ANY CONDITIONS THAT COUNCIL FEELS NEEDS TO BE IMPOSED?
>> I WOULD THINK THAT THERE WOULD HAVE TO BE SOME SPECIFICITY ADDED TO THIS ABOUT WHAT YOU DO ABOUT THE REFLECTIVITY.
I THINK I HEARD A GENERAL COMMITMENT THERE, BUT THERE'S A DIFFERENCE BETWEEN A GENERAL COMMITMENT AND A REQUIREMENT THAT'S GOT SOME SPECIFICITY TO IT, WHICH IS ONE OF THE REASONS I VOTED AGAINST IT.
I I'M NOT SAYING I DON'T TRUST THEM TO DO WHAT THEY SAY THEY WOULD DO, BUT I THINK YOU HAVE TO PUT SPECIFICITY INTO SOMETHING.
>> WELL, THE REASON I BROUGHT IT UP BEFORE WE VOTED ON IT IS IT'S NOW PASSED.
>> THAT'S WHY I VOTED AGAINST IT BECAUSE WE DIDN'T GO THROUGH THAT FAR.
THE SUP AND VARIANCE IS APPROVED.
I WILL INDICATE THAT IF THERE ARE PROBLEMS ON THIS, PEOPLE CAN COME BACK AND ASK THAT THOSE ISSUES BE ADDRESSED.
WE DO HAVE CODES OF ORDINANCE, WE HAVE RULES.
YOU CAN CALL GARY UP, AND HE GOES RIGHT OUT AND INVESTIGATES THINGS, WHETHER IT'S REFLECT, I CAN'T SAY THAT WORD.
LIKE GLARE, WE DO HAVE AN ANTI GLARE ORDINANCE.
WE HAVE AN ORDINANCE ON THE NUMBER OF PARSES YOU CAN HAVE ON A PROPERTY.
EVERYBODY KNOWS WITH FEMA, WHATEVER YOU DO WITH YOUR PROPERTY CAN'T AFFECT THE NEIGHBOR'S PROPERTY.
IF THOSE ISSUES DO COME UP, GET WITH US AND LET'S SEE WHAT WE CAN DO TO WORK THEM OUT, BECAUSE WE WANT EVERYBODY TO BE COMFORTABLE AND HAPPY IN THEIR HOME.
[6. DISCUSSION, CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON DUBLIN ROAD WATER LINE PROJECT. ]
AND CONSIDERATION AND ANY APPROPRIATE ACTION ON DUBLIN ROAD WATERLINE PROJECT.[02:10:01]
MR. MACHADO, I WILL ASK YOU TO LEAD OFF ON THIS.>> THIS IS SEGMENT 1 OF THIS PROJECT WOULD BE FROM BETZ ROAD SOUTH, AND IS OUR WORST SECTION OF WATERLINE THAT WE'VE GOT ON OUR PROJECT.
THIS WILL BE USING SOME OF THE RPA MONEY TO FUND THIS.
WE'VE GOT PLANS READY TO GO OUT OF A BID AND YOUR OKAY TO DO IT.
>> WHAT YOU'RE ASKING FROM THIS COUNCIL IS FOR US TO AUTHORIZE YOU'RE GOING OUT TO BID ON THE DUBLIN WATER LINE PROJECT, AND TO DO SO AT THIS TIME, BECAUSE IF WE DON'T GET THAT GOING, WE'RE GOING TO END UP LOSING THE COVID MONEY?
>> WE'VE GOT TIME CONSTRAINTS ON THAT, YES.
>> DOES ANYBODY HAVE ANY QUESTIONS FOR MR. MACHADO ON THAT? MR. KERCHO.
>> FIRST QUESTION IS THAT LOOKING AT THE NUMBERS, GOING BACK TO THE CIP AND WHAT I BELIEVE THAT WE GOT ORIGINALLY FROM BERGHOF GROUP, WE PUT IN THERE ABOUT 1,000,002 TO DO THE SOUTH END OF DUBLIN.
THE NUMBERS HE PUT FORWARD IN HIS NEW ASSESSMENT, WHICH I DON'T BELIEVE IS A WHOLE LOT OF TIME HAS PASSED, IS 1,000,008, 50% HIGHER THAN WHAT PREVIOUSLY WAS ESTIMATED.
NORTH SIDE, BASICALLY 2 MILLION, AND WE HAD PROJECTED, I THINK IN THE CIP, ABOUT 1,000,004.
AGAIN, ABOUT 50% GREATER THAN WHAT WE PREVIOUSLY WERE LED TO BELIEVE ON.
I CAN ASK YOU WITHOUT GOING BACK TO THE PREVIOUS ONE, WHAT CAUSED SUCH A HUGE DIFFERENCE IN COST?
>> THESE ARE MORE ACCURATE NUMBERS WITH MORE DETAIL.
THE NUMBERS BEFORE WERE MORE OF A BALLPARK NUMBER.
>> I DON'T CONSIDER THAT A BALLPARK, BUT THAT'S YOUR ANSWER IS THAT BASICALLY IT WAS WAY OFF BEFORE.
>> YEAH. THESE NUMBERS WHEN THEY GO OUT FOR BID, THEY'RE NOT GOING TO COME BACK EXACTLY AT THESE NUMBERS.
>> YEAH. ONCE THE BIDS COME BACK, IT COMES BACK TO COUNCIL.
>> THE OTHER THING I DIDN'T KNOW IS AS I READ THROUGH THIS, THERE'S A LOT OF INFORMATION IN THERE ABOUT TEXTOD.
LIKE WHOLE SECTION WAS ABOUT TEXTOD, AND WHAT WAS GOING TO BE DONE OVER TEXTOD AND FM2551, ETC.
HOW DOES THIS CONNECT INTO THAT?
>> THIS IS NOT CONNECTED TO THE TEXT. WHERE DID YOU SEE THAT?
>> IN THE DRAWINGS, AND IT BASICALLY SAYS, YOU CAN'T DO SECTION 1 BEFORE SECTION 4, WHICH ISN'T EVEN ON THE MAP OF 2551 IS DONE THAT CAN'T BE DONE CONCURRENTLY.
IT TALKS ABOUT EROSION CONTROL BEING COVERED BY TEXTOD.
THERE'S A NUMBER OF REFERENCES THROUGHOUT THE SHEETS THAT REFER BACK TO TEXTOD.
>> WE CANT FIND IT. IF OTHER PEOPLE GOT QUESTIONS, I CAN IDENTIFY IT AND WE CAN COME BACK TO IT.
IS THERE ANY TREE REMOVAL GOING ON ON THE SOUTH SIDE? I SAW A COUPLE OF PLACES WHERE IT SAID, HEY, PROTECT THE TREES, BUT I DIDN'T SEE IF THERE'S ANYTHING AS FAR AS WHEN THEY'RE LAYING IT IF THEY'RE REMOVING TREES.
I COULDN'T TELL ALSO FROM THE DRAWINGS WHETHER ANY PART OF IT WAS UNDERNEATH THE ROAD OR ALONGSIDE THE ROAD.
>> MOST OF IT'S UNDERNEATH THE ROAD.
>> MOST OF IT IS UNDERNEATH THE ROAD?
>> THAT WAS OBVIOUSLY HARDER TO ACCESS IF THERE IS AN ISSUE WITH THE LINE.
IS THERE A REASON IT'S UNDERNEATH THE ROAD AS OPPOSED TO [INAUDIBLE]?
>> [INAUDIBLE] IT'S EASIER TO GO ON THE ROAD.
>> OTHER THAN POTENTIALLY TRYING TO GET RIGHT AWAY?
>> CORRECT. OR THE TIME CONSTRAINT TO SPEND MONEY.
>> THEN FROM THE PERSPECTIVE OF THERE'S THE THREE SECTIONS OUT THERE, AND WE HAD CONTEMPLATED, OF COURSE, AND I THINK IT'S LAID OUT THAT WAY TO DO THE SOUTH SIDE OF DUBLIN FIRST.
IS IT A FOUR INCH LINE THAT CURRENTLY IS LONG THERE OR SIX INCH?
>> AS WE CREATE THE SOUTH SIDE OF DUBLIN,
[02:15:02]
MEANING SECTION 2 AND 3 FOR A LATER DATE, I WOULD ASSUME THERE HAS TO BE SOME TYPE OF APPARATUS TO REDUCE THE PRESSURE, ETC.THAT'S COMING FROM A BIGGER PIPE TO A SMALLER PIPE AS IT GETS TO THE NORTH? THAT'S IN HERE AS FAR AS THAT WE'RE NOT GOING TO DO TWO AND THREE RIGHT AWAY.
THE APPARATUS AND THE EQUIPMENT, ETC., IS NEEDED TO REDUCE THAT PRESSURE FLOW FROM AN EIGHT-INCH LINE IS ALREADY IN HERE, COST IT OUT AS WELL?
>> NO. THE PRESSURE IS GOING TO BE GO IN THE OTHER DIRECTION.
THE EIGHT INCH LINE IS DOWNSTREAM OF THE PRESSURE REDUCING VALVE.
THERE'S A VALVE THAT REDUCES PRESSURE ON THE SOUTH END ALREADY.
>> AND IT'S ALL ALONG FROM THE TALK.
I GUESS IT'S UNDERNEATH THE ROAD.
YOU SAME MAJORITY WAS UNDERNEATH THE ROAD.
SO IT LOOKED TO ME LIKE IT WAS ON THE EAST SIDE, BUT IN FACT, IT'S UNDERNEATH THE ROAD.
THEN YOU HAVE LINES COMING OUT TO WHERE THE FIRE HYDRANT WOULD BE, WHICH LOOKS TO BE ALL ALONG THE EAST SIDE OF THE ROAD?
FROM BETSY SOUTH, THE LINE IS GOING TO BE IN THE ROAD.
NORTH OF THAT. THE LINE WILL BE IN THE EDGE OF THE ROAD IN THE DITCH LINE.
I'LL STAY THERE IF WE'RE NOT GOING TO MOVE RIGHT.
>> ANYBODY ELSE HAVE ANY QUESTIONS, MAYOR PROTEIN READ? NO. ANY DISCUSSION? IF NOT, I'LL CALL FOR A MOTION.
>> MA'AM MAYOR, I WILL MAKE A MOTION THAT WE MOVE FORWARD AND CONSIDER THE APPROPRIATE ACTION TO GETTING THIS BID FOR THE WATERLINE CONSTRUCTION PROJECT.
WE HAVE A MOTION BY MAYOR [INAUDIBLE] AND THE SECOND BY COUNCIL MEMBER FUCK TO GO OUT TO BID ON THE DUBLIN ROAD WATER LINE PROJECT IS WHAT I'LL CALL THAT.
ANY DISCUSSION AT ALL AT THIS TIME? IF NOT, THEN I WILL CALL FOR YOUR VOTE.
ALL THOSE IN FAVOR OF GOING OUT TO BID, PLEASE RAISE YOUR RIGHT HAND.
ANY OPPOSED. MOTION CARRIES 40.
THANK YOU. AND MR. MACHADO, WHEN YOU GET THE BIDS BACK, PLEASE LET US KNOW SO WE CAN GET IT IMMEDIATELY SCHEDULED ON THE NEXT MEETING, BECAUSE TIME IS GETTING TO BE OF THE ESSENCE ON GRANT MONEY.
[7. CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON RESOLUTION NO. 2024-811 REGARDING THE SUSPENSION OF SELECT PARK RULES PURSUANT TO PARKER CODE OF ORDINANCE SECTIONS 97.11 AND 97.14 FOR PARKERFEST 2024 ON SUNDAY, OCTOBER 20, 2024, FROM 12:00 P.M. TO 8:00 P.M. UPON SATISFYING CERTAIN CONDITIONS. ]
CONSIDERATION AND OR ANY APPROPRIATE ACTION ON RESOLUTION NUMBER 2024-811 REGARDING THE SUSPENSION OF SELECT PARK RULES PURSUANT TO THE PARKER CODE OF ORDINANCE SECTIONS 97.11 AND 97.14 FOR PARKER FEST 2024 ON SUNDAY, OCTOBER 20, 2024, FROM NOON UNTIL 8:00 P.M.THE PARKS AND REX COMMISSION IS ASKING THAT CERTAIN RULES BE SUSPENDED FOR PARKER FEST, SUCH AS HAVING A TRUCK ON THE PREMISES AND THINGS OF THAT NATURE, THAT IS WHAT THAT IS ALL ABOUT.
WE DO THIS ALMOST EVERY YEAR, SO IT SHOULDN'T BE A BIG SURPRISE.
NOT HEARING ANY, THEN I WILL ASK FOR A MOTION.
>> MADAM MAYOR, I WILL MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2024-811, REGARDING THE SUSPENSION OF SELECT PARK RULES PURSUANT TO THE PARKER CODE OF ORDINANCE FOR PARKER FEST 2024 ON SUNDAY OCTOBER TIE, 2024, FROM 12:00 P.M. TO 8:00 P.M.
>> I HAVE A MOTION BY MAYOR [INAUDIBLE] AND A SECOND BY COUNCIL MEMBER KIRCHO TO APPROVE ORDINANCE, EXCUSE ME, RESOLUTION NUMBER 2024-811, SUSPENDING THE PARK RULES FOR THE OPERATION OF PARK PROFESS.
ANY DISCUSSION AT ALL AT THIS TIME? THEY THEN I'LL CALL FOR YOUR VOTE.
ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
ANY OPPOSED? MOTION CARRIES 40. THANK YOU.
[8. UPDATE(S)]
GARY, I'M GOING TO ASK YOU TO PLEASE GIVE US AN UPDATE ON 25 51.[02:20:01]
>> THEY'RE SETTING UP TRAFFIC DIVERSION ON 2551.
I'M NOT SURE WHAT THEIR SCHEDULE IS ON THAT.
THEY'RE WAY BEHIND ON ABOUT EVERYTHING.
WE STILL GOT TO GET OUR WATER LINES MOVED THAT HAVE BEEN STARTED ON THAT YET. THEY'RE BEHIND IT.
>> THE COMPREHENSIVE PLAN IS BEFORE P&Z AND I UNDERSTAND A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE CP PLAN AT P AND Z. PATTY, WHAT DATE WAS IT SCHEDULED FOR THE 26TH? ON SEPTEMBER 26 IS WHEN THE PUBLIC HEARING SHOULD BE ON THE COMPLAINT. PARDON?
I DON'T HAVE ANY UPDATES FROM TCQ, BUDDY.
DO YOU HAVE YOU HEARD ANYTHING?
>> NOW, I'M ON TCQ'S MAILING LIST FOR THEIR MEETING NOTICES.
I CHECKED THIS MORNING, THERE'S STILL NOTHING ON THE AGENDA ON THAT.
>> SAME THING I GOT. PROJECTS IN PROGRESS.
THE ONE THING I'LL TALK ABOUT IS THE ENGINEERING CONTRACT.
Y'ALL REMEMBER WE WENT OUT FOR THE ENGINEERING DEALS.
AT THIS TIME, WE HAVE APPOINTED A COMMITTEE OF GARY GRANT AND CRAIG KERKHOV WHO TOOK BIRKHOFF'S PLACE SINCE BIRKHOFF RETIRED.
TO REVIEW THE QUALIFICATIONS AND GRANT IS GOING TO MAKE US A SPREADSHEET ON EACH ONE, WHAT THEIR POINTS ARE, AND SO BRING THAT TO COUNSEL SO THAT WE CAN THEN DECIDE WHICH OF ANY OF THESE WE ARE INTERESTED IN RETAINING AS OUR SECONDARY OR THIRD OR WHATEVER ENGINEER.
I AM WAITING FOR KATHERINE TO APPROVE OUR REVIEW PROCESS TO MAKE SURE WE'RE NOT MOTING ANYTHING WITH KERKHOV AND THAT.
I DON'T THINK WE HAVE ANYTHING ELSE RIGHT NOW IN PROGRESS THAT BUT I CAN? YES, THE NOISE COMMITTEE.
>> IS THAT POSTED? CAN WE TALK ABOUT IT? IT'S NOT POSTED HERE. I WAS JUST LOOKING AT THAT.
>> IT'S A PROJECT IN PROGRESS.
YES, WHEN YOU WEREN'T HERE LAST TIME, COUNCIL WENT AHEAD AND APPOINTED COUNCIL MEMBER KIRCHO TO GO AHEAD AND TAKE LUKE'S PLACE SINCE LUKE IS NOT HERE AND TO TRY TO GET THINGS STARTED BECAUSE WE UNDERSTOOD YOU WERE GOING TO BE OUT OF TOWN FOR A LITTLE BIT OF A WHILE.
>> RANDY AND I TALKED ABOUT A LITTLE BIT AGO.
I'D ALSO SENT OUT A EMAIL THAT YOU ALL GOT A COPY OF THAT I'VE BEEN ON A LOT OF DIFFERENT COMMITTEES, ETC.
IT'S LIKE RANDY AND I TALKED, WE SERVED ON ONE WITHOUT SAYING IT.
WE HAD A LOT OF MEETINGS THAT WENT NOWHERE.
WHAT I WANTED TO DO WAS REVERSE ENGINEER IT, AND I'VE TALKED TO OUR COUNSEL.
WE'VE COMMUNICATED WITH THE STATE OF TEXAS.
I'VE ALSO TALKED WITH AN ATTORNEY WHO HAS SUED THE CITY OF PARKER AND ONE IN OTHER CITIES AND WANTED TO REVERSE WHAT WE CAN AND CANNOT DO.
WHAT'S GOING TO BE GRANDFATHERED IN AS WE'RE TRYING TO DO SOMETHING WITH THE CITY OF 5,000, AND WE HAVE APPROXIMATELY 200 PEOPLE ARE BEING AFFECTED.
SO WE WANT TO LEGALLY KNOW WHAT THE ISSUES ARE VERSUS HAVING A WISH LIST OF CHASING OUR TAIL FOR LACK OF A BETTER TERM.
BUT RANDY BRIEFED ME ON THE MEETING.
IT SOUNDS LIKE THEY DID A WONDERFUL JOB OF GETTING A LOT OF THINGS ON THE TABLE.
I SENT THAT E MAIL OUT TO THEM AND THEN WE'RE GOING TO HAVE ANOTHER MEETING THAT'S ALREADY SCHEDULED.
AND RANDY, PLEASE COMMENT ON THE MEETING THAT I WASN'T ABLE TO ATTEND.
>> IT WAS A GOOD FIRST MEETING.
WE BASICALLY GOT THE GROUP TOGETHER.
LOOKED OVER, OBVIOUSLY, OUR CURRENT ORDINANCES, TALKED ABOUT ISSUES THAT WE HEAR FROM OUR COMMUNITY AS FAR AS WHAT THEY'RE BEING AFFECTED BY AND WHY, JUST SO WE KNEW THAT.
START TAKING SOME NOISE READINGS ON SOME OF THE CURRENT ACTIVITIES GOING ON AT SOUTH FORT.
THANKS TO YOUR MEETING WITH MAYOR BAIN AND WE DID BASICALLY CONTACTED THE POLICE CHIEF THERE AND HE IS WILLING TO COME AND TALK TO US.
HE'S THE MOST RECENT ONE THAT BASICALLY ALAN PUT OUT THE MOST RECENT NOISE ORDINANCE IN SURROUNDING COMMUNITIES.
WE FELT THAT WOULD BE GOOD TO AT LEAST PICK HIS BRAIN ABOUT WHAT THEY APPROACH,
[02:25:04]
HOW THEY APPROACHED IT, AND WHAT THEY MIGHT HAVE DONE.DIFFERENCE BEING THAT BASICALLY THEIR HOME RULE CITY, WE'RE NOT, SO WE'RE SUBJECT TO MAYBE A LITTLE BIT LESS THAN THEY CAN DO, BUT IT WOULD STILL BE GOOD TO PICK HIS BRAIN.
AND OUR NEXT MEETING, I THINK IS SCHEDULED FOR THE TENTH AT 3:00 IN THESE OFFICES.
>> THAT'S ONE OF THE REASONS I WORKED OUT SETTING UP MEETINGS AND TALKING TO THE STATE OF TEXAS TO GET CLARIFICATION ON GENERAL RULES, SECTION 245, ETC, AND TALKING TO ATTORNEYS THAT HAVE SUED AND SUCCESSFULLY WON GENERAL LA CITIES, SO WE DON'T OVERSTEP OUR BOUNDARIES AND END UP IN LITIGATION LIKE WE MAY OR MAY NOT HAVE BEEN IN RIGHT NOW.
>> ANY OTHER UPDATES FROM ANYBODY?
>> MAYOR. BACK TO YOUR QUESTION ABOUT TCQ.
JUST TO ADD TO THAT SINCE TCQ IS RELATED OVERALL TO JUST THE STATUS OF THE MUD APPLICATION.
I WILL LET YOU KNOW THAT JOHN COX REACHED OUT TO ME, THE REPRESENTATIVE FOR RESTORE THE GRASSLANDS AND ASK IF I WOULD ARRANGE A MEETING BETWEEN HE AND YOU AND I AND A GROUP OF POTENTIAL INVESTORS HE HAS IN THE PROPERTY.
SO IT SOUNDS TO ME LIKE THE HUFFINES ARE WANTING OUT OF THE PROPERTY, AND HE MAY BE LOOKING TO BUY THE LAND AND MOVE FORWARD WITH THE INVESTMENT ON HIS OWN.
THAT'S ASSUMPTION ON MY PART, BUT HE AT LEAST SAID HE HAD A GROUP OF INVESTORS THAT WOULD BE INTERESTED IN MEETING.
>> I GOT A VOICEMAIL TEXT FROM PHILIP POPPINS THAT SAYS PRETTY MUCH THE SAME THING ABOUT MEETING.
>> WITH INVESTORS THIRD PARTY? THIS IS DIFFERENT THAN PREVIOUS MEETINGS COX HAS ASKED FOR THAT DIDN'T REFERENCE AN INVESTOR?
>> MAYOR, CAN WE VISIT SOON? ART NEVER CONTACTED ME OR JOHN COX? WHAT IS MORE IMPORTANT RIGHT NOW IS THAT WE HAVE AN AN INVESTOR WHO WOULD LIKE TO POSSIBLY BUY THE PROPERTY AND GET CONTROL, AND HE WOULD LIKE TO MEET WITH YOU AND OUR BUDDY AND THE CITY COUNCIL.
I THINK YOU WILL FIND THIS INDIVIDUAL UNIQUE AND WHAT HE BRINGS AND WHAT HE IS PREPARED TO OFFER.
I RESPONDED BY TELLING HIM I HAD A COUNCIL MEETING TONIGHT, AND WE'LL SEE WHAT HAPPENED.
>> IS THERE A DATE OR A TIME FRAME FOR THIS MEETING?
>> NO, BECAUSE I JUST GOT THIS LIKE AT 3:30 THIS AFTERNOON.
BEFORE I DO ANYTHING, I WANT INPUT FROM COUNSEL.
COUNSEL SHOULD WEIGH IN ON WHERE WE GO FROM HERE.
I TOLD HIM I WOULD HAVE A CONVERSATION ABOUT IT, BRING IT UP TONIGHT.
I MEAN, I CAN MEET WITH HIM FROM MY INDIVIDUAL CAPACITY AS INDIVIDUAL PROTESTANT ON THE CASE ANYWAY, BUT I THINK HE'S WANTING TO LOOK FOR BROADER INPUT AS WELL.
I THINK IF THERE'S A POTENTIAL INVESTOR THAT'S INVOLVED PROBABLY TO BUY OUT THE HUFFINES IN THIS, THAT'S PROBABLY GOOD, ESPECIALLY IF WE CAN GET IN ON THE BEGINNING OF THIS PROCESS AND HELP DIRECT IT.
>> MIGHT BE THE BEST 2 HOURS OF OUR TIME ON THIS WHOLE PROJECT.
>> I DON'T DISAGREE BECAUSE WE CAN SET THAT PRIORITY UP FRONT OR WE CAN SEE WHAT THEY'RE ALL ABOUT, BECAUSE NOW YOU HAVE A NEW CAST OF CHARACTERS.
>> I GUESS I WILL ASK IT THIS WAY.
WOULD ALL COUNSEL LIKE TO BE INCLUDED IN THIS MEETING? BECAUSE FROM WHAT MY MESSAGE SAYS, IT SAID, OR COUNSEL, BUDDY, YOU AND COUNSEL.
>> YEAH. I MEAN, HE JUST ASKED ME ABOUT EITHER ME OR ME AND YOU.
HE DIDN'T MENTION THE REST OF COUNSEL.
OBVIOUSLY, WE CAN HAVE THE REST OF COUNSEL IN THERE.
IF WE DO, IT'S GOING TO BE AN OPEN PUBLIC MEETING THOUGH IF WE HAVE ALL OF COUNSEL THERE.
I DON'T THINK THAT'S GOING TO BE PROBABLY THE BEST WAY TO GET ANYTHING DONE WITH THEM IS TO HAVE AN OPEN PUBLIC MEETING WITH THEM.
>> YEAH, I THINK THE BEST THING IS TO PICK TWO AND GO.
I THINK WE SEND THE TWO THE [INAUDIBLE].
>> I WAS GOING TO SAY IF Y TRUST BY AND MYSELF, WE WILL GO FROM HERE.
>> YEAH, THAT'S FINE. JUST LET US KNOW.
[02:30:05]
>> BUDDY, WE CAN GET TOGETHER AND COME UP WITH DATES.
I WAS ASKED TO MAKE SURE THAT YOU ALL REALIZE THAT ON THE BUILDING PERMIT ON ALL OF THE PERMITS, THAT'S A LINK THAT YOU JUST HAVE TO HIT ON IT, AND IT BRINGS UP THE PERMIT.
YOU DON'T HAVE TO LITERALLY GO TO A DIFFERENT WEBSITE AND FIND IT AND ALL OF THAT. THAT IS A LINK.
NEXT, WE WILL TALK ABOUT DONATIONS.
[9. ACCEPTANCE OF DONATION(S) FOR POLICE, FIRE, AND CITY STAFF FOR THE RECORD (Each valued at between $0 - $1,000 [RES. NO. 2024-801]) ]
I WILL ACCEPT THE FOLLOWING DONATIONS FOR FIRE POLICE AND CITY STAFF FOR THE RECORD.TORY AND MELISSA TIERS DONATED COOKIES VALUED AT $20 TO THE PARKER POLICE DEPARTMENT.
PATRICIA MAHAYA, AND WHO IS PRESIDENT AND CEO OF CHILDREN'S ADVOCACY CENTER FOR ROCKWELL COUNTY, DONATED A BASKET OF FLAVORED POPCORNS VALUED AT $30 TO CITY STAFF.
DAN TERRELL AND FAMILY DONATED POPCORN VALUED AT $40 TO THE POLICE DEPARTMENT.
WE WOULD LIKE TO THANK OUR DONORS GREATLY.
WE SO APPRECIATE THEIR GRACIOUSNESS TO OUR STAFF AND LOOKING OUT FOR THEM.
AT THIS TIME, I WILL ASK FOR ANY FUTURE AGENDA ITEMS, WHICH,
[10. FUTURE AGENDA ITEMS]
OF COURSE, YOU CAN ALWAYS EMAIL ME LATER IF YOU CAN'T THINK OF ANY RIGHT IN THE MOMENT.NOT HEARING ANY, THEN WE WILL GO TO
[EXECUTIVE SESSION START TO FINISH]
RECESS TO A CLOSED EXECUTIVE SESSION IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN GOVERNMENT CODE SECTION 551.074 PERSONNEL TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, ASSIGNMENT, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE.GOVERNMENT CODE SECTION 551.0 711, CONSULTATION WITH CITY ATTORNEY CONCERNING PENDING OR CONTEMPLATED LITIGATION.
GOVERNMENT CODE SECTION 551.072 CONSULTATION WITH ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER, OPEN MEETINGS ACT.
AT THIS TIME, 30, WE ARE IN RECESS TO EXECUTIVE SESSION.
* This transcript was compiled from uncorrected Closed Captioning.