[00:00:03]
>> MISS CITY SECRETARY, YOU GOT EVERYTHING READY ON YOUR SIDE?
[1. Call to Order ]
>> WELCOME TO TODAY'S COUNCIL MEETING.
I'D LIKE TO WELCOME YOU ALL HERE AND JUST TELL YOU WE APPRECIATE YOU COMING AND PARTICIPATING HERE TODAY.
WE'RE GOING TO GO AHEAD AND OFFICIALLY CALL OURSELVES TO ORDER AND IN SESSION.
IF YOU GUYS ALL WOULD, WE'RE GOING TO STAND FOR THE INVOCATION.
[2. Invocation]
WE HAVE BILL GIM COMING HERE TO LEAD US, AND THEN WE'LL DO THE PLEDGES.MR. GIM, IF YOU'LL COME FORWARD.
>> HEY, EVERYBODY. AMARILLO IS MY HOME FOR 45 YEARS. I LOVE THIS CITY.
MY SON PLAYED BASEBALL WITH YOU WHEN YOU WERE A YOUNG MAN, AND I WAS MUCH YOUNGER. FATHER, THANK YOU.
THANK YOU FOR AMARILLO, TEXAS, A PLACE I CAN CALL HOME AFTER 45 YEARS.
I THANK YOU FOR THE PEOPLE OF THIS CITY.
I THANK YOU FOR THESE LEADERS, LORD, OF OUR HOME.
WE ASK THAT BY YOUR GRACE AND YOUR MERCY, YOU'D GIVE ALL OF US TEACHABLE HEARTS, ALL OF US EXTRA PATIENCE.
MOST OF ALL, WE PRAY FOR LOVE.
HOW WE NEED THE LORD JESUS, HOW WE NEED LOVE.
IN THE NAME OF YOUR SON, LORD JESUS, AMEN.
IF YOU GUYS JOIN ME IN THE PLEDGE.
>> WE'LL DO THE TEXAS FLAG AS WELL.
>> NOW, PLEASE BE SEATED. THANK YOU ALL.
[5. Proclamations]
WE'RE GOING TO MOVE ON OUR AGENDA HERE TO PROCLAMATION.I DON'T SEE HER. THERE SHE IS.
MISS KASHIN, IF YOU'RE GOING TO COME UP HERE, I'VE ASKED TOM TO READ THIS PROCLAMATION. HAVE YOU BEEN GIVEN THAT? YOU HAVE. COUNCIL, WE'RE GOING TO GO AHEAD AND GO DOWN, AND THEN THAT WAY WE CAN GET A PHOTO.
KASHIN, IF YOU'LL MEET US DOWN THERE. THANK YOU.
>> LET ME READ THE PROCLAMATION, CITY OF AMARILLO, TEXAS, CITY COUNCIL PROCLAMATION.
WHEREAS TRAVEL AND TOURISM PROVIDE SIGNIFICANT CULTURAL BENEFITS FOR THE CITY OF AMARILLO ECONOMY, AND WHEREAS MEETINGS, EVENTS, LEISURE, AND TRAVEL FOR SPORTS EVENTS, AND KEY COMPONENTS TO AMARILLO'S ECONOMY.
WHEREAS. MANY AMARILLO HOSPITALITY AND TOURISM BUSINESSES ARE MADE UP OF WOMEN-OWNED OR MINORITY OWNED SMALL BUSINESS AND ARE PART OF THE FOUNDATION THAT MAKE AMARILLO UNIQUE IN MEMORIAL MEMORIAL TRAVEL DESTINATION.
WHEREAS VISITORS RELISH THE MANY TOURISM OFFERINGS OF PALO DURO CANYON, THE THE BIG TEXAN STEAK RANCH, CADILLAC RANCH, HISTORIC ROUTE 66, SOD POODLES BASEBALL, PANHANDLE PLAINS, HISTORIC MUSEUM, AND AMERICAN QUARTER HORSE ASSOCIATION, AMARILLO CIVIC CENTER, AMARILLO SYMPATHY ORCHESTRA, LONE STAR BALLET, ALONG WITH MANY ART ACTIVATIONS, MURALS, AND CULTURE.
WHEREAS THE CITY OF AMARILLO ALSO HAS BEEN RECOGNIZED AS A FILM FRIENDLY AND MUSIC FRIENDLY COMMUNITY.
WHEREAS WE ACKNOWLEDGE THAT ALL TRAVEL, WHETHER RELATED MEETINGS, LEISURE, BUSINESS, AGRICULTURE, OR SPORTS IS BENEFICIAL.
NOW, THEREFORE, WE, MAYOR AND CITY COUNCIL, THE CITY OF AMARILLO, TEXAS, DO HEREBY PROCLAIM AMARILLO IS A TOURISM FRIENDLY COMMUNITY SIGNED BY COLE STANLEY,
[00:05:01]
MAYOR, JOSH CRAFT, COUNCILMEMBER, DON TIPPS, COUNCILMEMBER, TOM SCHERLEN, COUNCILMEMBER, AND LES SIMPSON. KASHIN. [APPLAUSE]>> I DON'T HAVE A LOT TO SAY EXCEPT FOR WE'VE ALWAYS CONSIDERED OURSELVES TOURISM FRIENDLY.
THIS IS A NEW DESIGNATION THAT THE STATE OFFERS THIS YEAR, SO WE WENT STRAIGHT INTO PLANNING TO GET IT FOR US.
WE THINK THAT WE'RE VERY HOSPITABLE WITH OUR VISITORS AND LOVE WHAT WE DO.
WE'VE HAD THE FILM DESIGNATION FOR MANY YEARS AND GOT OUR MUSIC DESIGNATION LAST YEAR, SO IT'S JUST ANOTHER LOGO THAT WE CAN PUT ON OUR WEBSITE AND BRAG ABOUT A LITTLE BIT AS WE TALK ABOUT AMARILLO. [APPLAUSE]
>> HEY, THANK YOU GUYS FOR LETTING US DO THAT.
CVB, THEY'VE JUST DONE SO GOOD THIS YEAR.
YOU LOOK AT ROUTE 66 AND THE EVENT, AND I THINK THERE'S ONLY NINE OF THEM. HOW MANY ARE THERE? THERE'S 50 PEOPLE WORKING OUT THERE ON THAT EVENT DAY I SWEAR, AND THAT'S AT THE END OF THE WEEK AFTER THEY'VE WORKED ALL WEEK TO HOST.
THEY TRULY HAVE A GIFT OF HOSPITALITY.
THEY'RE SOME OF THE BEST AMBASSADORS YOU GUYS HAVE IN AMARILLO. THANK YOU GUYS.
>> DO WE HAVE ANY ANNOUNCEMENTS, MR. CITY MANAGER OR MISS CITY SECRETARY?
>> THEN MOVING RIGHT ALONG, WE'RE GOING TO HAND IT
[7. Public Comment]
BACK OVER TO CITY SECRETARY AND LET HER READ ASCEND TO PUBLIC COMMENT AND ALLOW FOR OUR PUBLIC TO COME UP AND SPEAK HERE TODAY.>> THANK YOU, MAYOR. THANK YOU FOR PARTICIPATING IN TODAY'S CITY COUNCIL MEETING.
YOUR INPUT AND YOUR OPINIONS ARE IMPORTANT TO US, AND WE'RE GLAD YOU'RE HERE TO SHARE THEM.
AT EACH POSTED MEETING, WE INVITE OUR FELLOW COMMUNITY MEMBERS TO ADDRESS CITY COUNCIL REGARDING POSTED AGENDA ITEMS OR TOPICS RELATED TO CITY POLICY.
EVERY SPEAKER WILL HAVE THREE MINUTES TODAY TO ADDRESS COUNCIL.
AT THE END OF TWO-AND-A-HALF MINUTES, YOU'LL HEAR A WARNING BEEP LETTING YOU KNOW YOU HAVE 30 SECONDS TO WRAP UP YOUR COMMENTS.
WE DO HAVE MULTIPLE PUBLIC HEARINGS TODAY.
IF YOU'RE HERE TO SPEAK ON AN ITEM WITH A PUBLIC HEARING, WE WOULD ASK YOU MAKE YOUR COMMENT EITHER DURING PUBLIC ADDRESS OR DURING THE PUBLIC HEARING, BUT NOT BOTH IN ORDER TO HELP US KEEP ACCURATE MINUTES.
IT'S YOUR DECISION AT WHICH POINT YOU WOULD LIKE TO SPEAK.
AS A REMINDER TODAY, IF YOU'RE SPEAKING ON SOMETHING NOT ON THE AGENDA, BUT RELATED TO POLICY, COUNCIL IS LIMITED IN HOW THEY CAN INTERACT WITH YOU.
THEY CAN RECITE A STATEMENT OF FACT.
THEY CAN TAKE THE ITEM FOR A FUTURE AGENDA OR THEY CAN REFER YOU TO STAFF WHO CAN STEP OUT AND SPEAK WITH YOU ABOUT YOUR TOPIC.
WHEN YOU COME TO THE MICROPHONE TODAY, PLEASE STATE YOUR NAME AND WHETHER OR NOT YOU LIVE IN AMARILLO CITY LIMITS, THEN YOU MAY BEGIN ADDRESSING COUNCIL.
FIRST ON OUR LIST TODAY IS CLAUDIA STRAVATO, AND AFTER MISS STRAVATO WILL BE DAVID HUDSON.
>> THANK YOU, AND I WANT TO COMMEND ALL OF YOU FOR THE TIME THAT YOU GIVE TO YOUR ELECTED POSITION.
IT'S EXTRAORDINARY AND IT'S APPRECIATED.
I WANT TO SPEAK ABOUT FIRST, THE RESOLUTION ON THE SANCTUARY CITY, AND SECONDLY ON THE CHARTER AMENDMENTS.
THE LANGUAGE ON THE BALLOT FOR THE SANCTUARY CITY, SO FAR, ALL THE VERSIONS HAVE BEEN UNACCEPTABLE TO MOST PEOPLE, PRO AND CON, AND THAT THEY DON'T REALLY DESCRIBE WHAT THE RESOLUTION DOES, WHICH IS ESSENTIALLY A TRAVEL BAN AND THE CRIMINALIZATION OF LOVING FRIENDS AND FAMILIES ASSISTANCE TO A WOMAN WITH A TROUBLED PREGNANCY.
[00:10:04]
I THINK THEREFORE, THAT IT'S INCUMBENT ON THE COMMISSION, BECAUSE THE BALLOT LANGUAGE IS SIMPLY NON-DESCRIPTIVE, THAT YOU STATE PUBLICLY BEFORE THE ELECTION WHY YOU VETOED THAT ORDINANCE SO THAT THE PEOPLE OF AMARILLO WILL KNOW THAT YOU FOUND IT UNACCEPTABLE AND THAT THEY SHOULD AS WELL.THEN I WANT TO SPEAK TO THE ORDINANCE ON THE CHARTER AMENDMENTS.
I WANT TO REMIND US ALL THAT OUR COUNTRY IS A REPUBLIC THAT CHOSE A REPRESENTATIVE FORM OF DEMOCRACY TO GOVERN OURSELVES.
THAT MEANS THAT THE PEOPLE RULE THE GOVERNMENT BELONGS TO THE PEOPLE, NOT TO A KING AND NOT TO YOU.
YOU HAD A 10-MEMBER COMMITTEE OF CITIZENS THAT YOU CHOSE.
WE HAD VERY LITTLE INPUT ON WHO GOT CHOSEN, AND THEY MADE CERTAIN RECOMMENDATIONS, ONE OF WHICH YOU HAVE CHOSEN TO TAKE OFF OF THE BALLOT, AND THAT HAD TO DO WITH GEOGRAPHIC REPRESENTATION.
IT DID NOT HAVE TO DO WITH SINGLE MEMBER DISTRICTS BECAUSE THOSE WITH A GEOGRAPHIC POSITION STILL HAD TO BE ELECTED AT LARGE OR BY ALL THE PEOPLE.
BY REMOVING THAT RECOMMENDATION FROM THE SET OF RECOMMENDATIONS, YOU'VE GONE AGAINST THE WILL OF THE PEOPLE AND YOU'VE PLACED YOUR SENSE OF WHAT IS A PRIORITY OR IMPORTANT AHEAD OF THE PEOPLE.
PROMISING THAT IT'LL BE ON A VOTE SOMETIME IN THE FUTURE, BY LAW, YOU CAN'T BRING IT UP FOR TWO YEARS.
THAT IS A PRESUMPTIVE POSITION BECAUSE YOU COULD BE DEAD OR NOT EVEN ELECTED.
YOU MIGHT NOT EVEN BE HERE IN TWO YEARS.
I THINK THAT I WANT TO SPEAK FOR THE PEOPLE THAT THAT OPTION SHOULD HAVE BEEN LEFT ON THE BALLOT FOR THE PEOPLE TO DECIDE, NOT FOR YOU TO DECIDE.
>> MISS STRAVATO, WE ALWAYS APPRECIATE YOU. THANK YOU.
>> NEXT IS DAVID HUDSON, AND AFTER DAVID WILL BE MICHAEL DAMRON.
>> GOOD AFTERNOON, MR. MAYOR, COUNCILMEMBERS.
I'M DAVID HUDSON, AND I'M A 40-YEAR RESIDENT OF AMARILLO AND I HOPE I'M STILL HERE IN TWO YEARS.
[LAUGHTER] I'M HERE ON ITEM 10E, THE CHARTER AMENDMENTS.
IN PARTICULAR, I'M IN OPPOSITION OF GOING FROM FOUR TO SIX.
THE REASON IS JUST IT'S A MATH ISSUE OF LEADING TOWARDS SINGLE MEMBER DISTRICTS.
SO FAR, AMARILLO HAS PREVAILED ON HAVING ALL OF YOUR SLOTS THROUGH ELECTED CITY WIDE.
BUT ONCE WE GO TO SIX, AND SOMEBODY STARTS SCRUTINIZING IT, THEY MAY BE BRINGING A COMPLAINT THAT INSTEAD OF HAVING FOUR GEOGRAPHIC AREAS, YOU'RE GOING TO HAVE SIX.
IN ONE OF THOSE SMALLER SIX AREAS, YOU MAY FAIL A TEST ON MINORITY VERSUS MAJORITY, AND THEREFORE BE SLIPPING INTO A SINGLE MEMBER DISTRICT ALLEGATION AND CHALLENGE IN COURT.
I APPRECIATE WHY YOU WANT TO DO THAT.
THIS IS A DECISION OF BENEFITS VERSUS RISKS, AND I JUST FEEL LIKE THIS IS A RISK THAT WE'RE GOING TO BE SEEKING.
IF YOU LOOK AT THIS AMARILLO COLLEGE BOARD OF REGENTS, THEY'RE LIKE NINE, AND THEY HAD TO GO THROUGH THIS AND THEY ENDED UP GOING WITH CUMULATIVE VOTING THE SAME WAY WITH AISD.
I JUST THINK ONCE WE GO ABOVE FOUR MEMBERS PLUS THE MAYOR, WE'RE GOING TO BE SLIPPING INTO SINGLE MEMBER DISTRICT TERRITORY, AND WE'RE GOING TO BE LIGHTING A FUSE TODAY.
TODAY IS A MAJOR INFLECTION POINT FOR THE GOVERNANCE OF THE CITY OF AMARILLO.
I THINK ONCE WE DECIDE AND TAKE THIS TO THE POPULATION, TO THE CITIZENS OF AMARILLO IN NOVEMBER, AND IF IT DOES PASS THEN, WE MAY HAVE ACTUALLY A FUSE THAT WE CAN'T PUT OUT.
WE'LL BE HEADING TOWARD SINGLE MEMBER DISTRICTS.
YOU'VE HEARD FROM ME BEFORE WHY I OPPOSE SINGLE MEMBER DISTRICTS.
I THINK IT JUST CREATES MORE IN FIGHTING.
YOU CAN SEE THAT IN OTHER CITIES.
YOU GET BACK SCRATCHING, YOU GET PEOPLE ADVOCATING FOR MORE PROJECTS IN THEIR DISTRICT, AND THEY'LL NEGOTIATE FOR MORE PROJECTS, SO YOU GET PORK BARREL SPENDING,
[00:15:01]
AND THAT'S ULTIMATELY WHY I OPPOSE IT.I DO THINK GOING TO FOUR-YEAR TERMS IS A GREAT IDEA AND STAGGERING THOSE IS A GREAT IDEA.
WHAT I RECOMMEND IS YOU DO NOT GO TO SIX MEMBERS TODAY, BUT YOU DO GO WITH FOUR-YEAR TERMS WITH STAGGERED TERMS. WHEN I LOOK AT THE ORDINANCE AND THE ACTUAL LANGUAGE, IT TALKS ABOUT FOR THE BALLOTS FOR THE ELECTION, IT REFERS BACK TO THE ORDINANCE AND TALKING ABOUT STAGGERED, AND I DON'T SEE THAT STAGGERED LANGUAGE IN THE ORDINANCE ITSELF.
YOU MAY WANT TO TAKE A LOOK AT THAT.
THAT'S ALL I HAVE. THANK YOU VERY MUCH.
>> MICHAEL DAMRON, AND AFTER MICHAEL, WALTER WOLFRAM JR.
>> MY NAME, AGAIN, IS MICHAEL PATRICK DAMRON, AND I RESIDE IN SAYER, OKLAHOMA.
IT IS ABOUT THE EASTRIDGE LANES SPOT AND ALLEY SIGN.
I WANT THIS COMMITTEE TO KNOW THAT I'M MORE THAN QUALIFIED.
I'M SURE MY HEALTH WILL HOLD OUT FOR A COUPLE OF YEARS.
IF I HAD MY WAY, IF I HAD 12 PROJECTS GOING RIGHT NOW, 12, I WOULD DONATE THIS SIGN TO GOOD CITY OF AMARILLO.
I'M HERE BASICALLY FOR EXPEDIENTS, I HAVE A NEW PHONE NUMBER, AND I'LL ANSWER 90% OF THE TIME, IF NOT 99% OF THE TIME.
I'M STILL INTERESTED JUST FOR A LITTLE BIT OF PRESTIGE, BUT AGAIN, I WOULD DO THAT FOR THE GOOD CITY OF AMARILLO.
IT'S BEEN GOOD TO ME, AND BECAUSE OF COVID, THINGS GOT A LITTLE COMPLICATED IN LIFE AS EACH AND EVERY ONE OF YOU KNOW.
I'M GOING TO CLOSE BY SAYING, I DID READ FROM A LAW.
GURU, WHO DEMOCRACY ONLY HAS BUT ONE PROBLEM AND ONE PROBLEM ALONE, AND THAT IS THE FOOLISHNESS OF OUR FELLOW AMERICAN CITIZENS.
GOD BLESS EACH AND EVERY ONE OF YOU, AND THANK YOU ALL SO MUCH.
IF NOT, MIKE FORD WILL BE NEXT. MR. FORD.
AFTER MIKE WILL BE JASE YARBOROUGH.
>> IF I COULD, BEFORE MY TIME STARTS, JUST EXPLAIN WHAT YOU HAVE BEEN GIVEN.
ONE, THE FIRST PAGE IS THE EXCERPT FROM THE AGENDA SHOWING THE AGENDA ITEMS OF THE DAY, THE JULY 23RD.
THERE'S AN AGENDA THAT'S BEEN PRODUCED BY ASSISTANT ATTORNEY GENERAL 10 YEARS AGO.
I'M JUST EXPLAINING WHAT I'VE HANDLED THEM. IS THAT OKAY?
>> IF YOU CAN DO IT IN THE MICROPHONE SO EVERYBODY CAN HEAR YOU. THANK YOU.
>> WELL, I WAS HOPING I WOULDN'T LOSE THE TIME.
THERE'S ALSO ANOTHER DIAGRAM THAT YOU'VE ALREADY BEEN HANDED IN AN EMAIL AND THEN AN ANALYSIS.
MY NAME IS MIKE FORD, AMARILLO, TEXAS.
SINCE 2015, I'VE BEEN CONSISTENTLY URGES COUNCIL TO FOLLOW THE LAW.
WHEN THIS NEW COUNCIL TOOK OFFICE, I HAD HIGH HOPES PUBLICLY SUPPORTING YOU THROUGHOUT THE SANCTUARY CITY SAGA.
HOWEVER, I FIND MYSELF DEEPLY CONCERNED, PARTICULARLY ABOUT TONIGHT'S AGENDA ITEM 9Z.
THE PUBLIC NOTICE FOR THIS ITEM IS WOEFULLY INADEQUATE, AGAIN, MERELY STATES CONSIDERATION OF RESOLUTION WITHOUT INFORMING THE PUBLIC THAT YOU INTEND TO TAKE ACTION.
IT FAILS TO MENTION THAT YOU WILL BE DECIDING ON SPECIFIC BALLOT LANGUAGE.
A CRUCIAL ASPECT THAT IMPACTS VOTER INFORMATION.
THIS IS YET ANOTHER VIOLATION OF THE OPEN MEETINGS ACT.
MAYOR STANLEY, YOU HIRED AN OUT-OF-TOWN ATTORNEY WHO ISN'T REQUIRED TO DEFEND HIS WORK, ATTEND THESE MEETINGS, OR ANSWER QUESTIONS.
THIS ATTORNEY HAS PRODUCED BALLOT LANGUAGE THAT NOT ONLY FAILS THE SUPREME COURT STANDARD, BUT IS POTENTIALLY ILLEGAL, YET THE PUBLIC HAS BEEN GIVEN NO PROPER NOTICE THAT THIS LANGUAGE WILL BE VOTED ON TONIGHT.
COUNCILMEMBER TIPPS, YOU SUGGESTED ONLY PRACTICING ATTORNEYS CAN QUESTION THIS BOT LANGUAGE IN PUBLIC MEETINGS.
THE LAW BELONGS TO ALL CITIZENS, NOT JUST LAWYERS.
THE TEXAS SUPREME COURT DOCKET STANDARD WASN'T WRITTEN FOR ATTORNEYS ALONE, IT PROTECTS ALL VOTERS.
THE VAGUE AGENDA ITEM FURTHER UNDERMINES PUBLIC PARTICIPATION.
COUNCILMEMBER SIMPSON, YOUR STATEMENT THAT OUR WORDING "DOESN'T MEAN ANYTHING AS IT RELATES TO WHAT GETS ENFORCED" IS TROUBLING.
BALLOT LANGUAGE IS CRUCIAL FOR INFORMING VOTERS NOT A MERE FORMALITY.
THE DACA STANDARD EXISTS BECAUSE BOOT LANGUAGE MATTERS.
[00:20:02]
LET ME REMIND YOU ALL OF THE DACA STANDARD.BALLOT LANGUAGE MUST 'SUBSTANTIALLY SUBMIT THE QUESTION WITH SUCH DEFINITENESS AND CERTAINTY THAT THE VOTERS ARE NOT MISLED".
IT'S A LEGAL STANDARD AND THE BAR IS HIGH.
MAYOR, YOU STATED THE BALLOT LANGUAGE WAS "NOT APPROPRIATELY INFORMING THE PUBLIC', YET THIS CRUCIAL ITEM IS BURIED IN AN AGENDA WITH VAGUE WORDING USING THE LANGUAGE YOU QUESTIONED.
HOW CAN THE PUBLIC MEANINGFULLY PARTICIPATE WHEN THEY'RE NOT PROPERLY INFORMED OF THE COUNCIL'S INTENTIONS? THE VIEW THAT ONLY LAWYERS CAN SPEAK ON LEGAL MATTERS CONTRADICTS THE VERY ESSENCE OF PUBLIC MEETINGS AND CITIZEN PARTICIPATION.
ARE WE TO BELIEVE THAT CITIZENS MUST HIRE ATTORNEYS TO VOICE CONCERNS ABOUT POTENTIAL ELECTION LAW VIOLATIONS? IS THAT YOUR POSITION? I APPEAL TO YOUR HONOR AND INTEGRITY AS ELECTED OFFICIALS.
EACH OF YOU TOOK AN OATH TO SERVE AS AMARILLO CITIZENS AND UPHOLD THE LAW.
I BELIEVE IN YOUR COMMITMENT TO OUR CITY AND YOUR DESIRE TO DO WHAT'S RIGHT.
THE DECISIONS YOU MAKE TODAY WILL HAVE LASTING IMPACTS ON OUR DEMOCRATIC PROCESS AND THEN TRUST OUR COMMUNITY PLACES IN ITS GOVERNMENT.
I URGE YOU TO CONSIDER THIS MATTER WITH THE GRAVITY IT DESERVES.
EITHER POSTPONE ACTION ON THIS ITEM UNTIL IT CAN BE PROPERLY NOTICED TO THE PUBLIC OR AT THE VERY LEAST, REMOVE ITEM 9Z FROM THE CONSENT AGENDA.
ENGAGE IN AN OPEN TRANSPARENT DISCUSSION ABOUT THE BALLOT LANGUAGE.
LET'S WORK TOGETHER TO ENSURE IT ACCURATELY INFORMS VOTERS AND MEETS ALL LEGAL STANDARDS.
>> JASE YARBOROUGH, AND AFTER JASE WILL BE MARK LEE DIXON.
>> GOOD AFTERNOON, MR. MAYOR, MEMBERS OF THE COUNCIL.
I AM NOT A RESIDENT OF THE CITY OF AMARILLO.
I'M AN ATTORNEY, PRACTICING ATTORNEY HERE IN THE STATE OF TEXAS.
MY LAW PARTNER AND I FIGHT FOR CONSERVATIVE CAUSES AND CLIENTS IN THE COURTS.
SOMETIMES WE MAKE THE NEWS AROUND THE STATE AND WE REPRESENT SOME FOLKS IN A LOT OF MONEY'S ON THE LINE, BUT WE ALSO DO A LOT FOR THOSE WHO ARE FIGHTING FOR OUR CONSERVATIVE CHRISTIAN VALUES, AND I'M HERE TODAY ON BEHALF OF ONE OF THOSE CLIENTS.
I REPRESENT THE INITIATING COMMITTEE FOR AMARILLO'S SANCTUARY CITY ORDINANCE FOR THE UNBORN THAT IS ON THE AGENDA TODAY, ITEM 9Z.
THAT'S WHAT I'M HERE TO TALK ABOUT TODAY.
I WANT TO CLARIFY ONE THING, IF I MAY.
BUT BEFORE I DO THAT, I'LL JUST NOTE THAT IN ADDITION TO ALL THOSE THINGS, I AM A NATIVE SON OF THE PANHANDLE.
I SPENT A GOOD MAJORITY OF MY CHILDHOOD JUST DOWN 287 IN CLAUDE.
VERY MUCH FAMILIAR AND SHARE THE VALUES OF THE FOLKS IN THIS PART OF THE WORLD AND I'M GRATEFUL FOR MY UPBRINGING.
TODAY, I URGE THE COUNCIL TO AMEND THE DRAFT BALLOT LANGUAGE TO ACCURATELY DESCRIBE THE PROPOSED ORDINANCE.
THE CURRENT DRAFT BALLOT LANGUAGE DESCRIBES THE ORDINANCE AS "ESTABLISHING A CRIMINAL OFFENSE".
THE ORDINANCE SPECIFICALLY, EXPLICITLY, AND INTENTIONALLY DOES NOT ESTABLISH A CRIMINAL OFFENSE.
THIS IS CLEAR FROM THE ORDINANCE'S TEXT AND STRUCTURE.
IF ALLOWED TO APPEAR ON THE BALLOT, THIS INACCURATE TEXT WILL OPEN THE CITY TO LEGAL LIABILITY REGARDLESS OF THE OUTCOME OF THE NOVEMBER ELECTION.
AS TO THE TEXT, THE PROPOSED ORDINANCE EXPLICITLY PROHIBITS STATE OFFICIALS FROM ENFORCING IT, EITHER DIRECTLY OR INDIRECTLY, AND THIS IS SECTION 8-6-6(C).
I'LL QUOTE A COUPLE OF ITEMS FROM THAT SECTION, THE REQUIREMENTS OF THE SECTION SHALL BE ENFORCED EXCLUSIVELY THROUGH THE PRIVATE CIVIL ACTIONS DESCRIBED IN SECTION 8-6-6(C).
NO DIRECT OR INDIRECT ENFORCEMENT OF THE SECTION MAY BE TAKEN OR THREATENED BY THE CITY OF AMARILLO BY ANY OFFICER OR EMPLOYEE OF THE CITY BY ANY MEANS WHATSOEVER AND NO VIOLATION OF THE SECTION MAY BE USED TO JUSTIFY OR TRIGGER THE ENFORCEMENT OF ANY OTHER LAW OR TYPE OF ADVERSE CONSEQUENCE.
NOW, BECAUSE CRIMINAL OFFENSES MUST NECESSARILY BE PROSECUTED ONLY BY STATE OFFICIALS, THIS TEXT DISQUALIFIES CRIMINAL PROSECUTION UNDER THE ORDINANCE.
AS TO THE ORDINANCES STRUCTURE, IN ADDITION TO EXPLICITLY DISAVOWING PUBLIC ENFORCEMENT IN ITS TEXT, THE STRUCTURE OF THE PROPOSED ORDINANCE ENFORCEMENT MECHANISM ALSO MAKES CLEAR THAT IT CREATES NO CRIMINAL OFFENSE.
INSTEAD OF PUBLIC ENFORCEMENT BY STATE OFFICIALS, THE ORDINANCE ESTABLISHES A PRIVATE RIGHT OF ACTION THAT AUTHORIZES INDIVIDUALS TO SUE ANYONE WHO VIOLATES IT.
NOW, AS YOU MAY BE AWARE, THIS ENFORCEMENT MECHANISM WAS MODELED AFTER THAT OF THE TEXAS HEARTBEAT ACT.
EVEN BEFORE ROE AND CASEY WERE OVERTURNED, THE SUPREME COURT, WHILE CONSIDERING THE TEXAS HEARTBEAT ACT, CONFIRMED THAT ENFORCEMENT BY STATE OFFICIALS IS NOT POSSIBLE UNDER THE PRIVATE ENFORCEMENT SCHEME CONTAINED IN LAWS LIKE THIS ORDINANCE.
HENCE, BECAUSE PUBLIC ENFORCEMENT UNDER THE ORDINANCE IS IMPOSSIBLE, THE LANGUAGE OF THE ORDINANCE CAN NEVER BE CONSTRUED TO CREATE A CRIMINAL OFFENSE.
THOUGH I DON'T KNOW EACH OF YOU AS MEMBERS OF THE COUNCIL, I HOPE I'M NOT BEING PRESUMPTUOUS WHEN I SAY THAT I HAVE NO DOUBT THAT YOU LIKE ME SHARE THE CHRIST-CENTERED UNAPOLOGETICALLY PRO-LIFE CONVICTIONS OF THIS COMMUNITY IN THE DARK AND CONFUSED TIMES IN WHICH WE LIVE.
IT'S INCUMBENT ON FOLKS LIKE US TO STAND FOR OUR VALUES.
I URGE THE COUNCIL TO STAND FOR LIFE BY ENSURING PROPOSED ORDINANCE IS CORRECTLY DESCRIBED TO THE LANGUAGE THAT BE INCLUDED ON THE NOVEMBER BALLOT AND
[00:25:02]
AVOID UNNECESSARY AND COSTLY LITIGATION. THANK YOU.>> HELLO, MY NAME IS MARK LEE DIXON, AND NOT A AMARILLO RESIDENT.
I ECHO WHAT YARBOROUGH HAS SHARED HERE TODAY.
THERE ARE MANY ATTORNEYS ACROSS THE STATE OF TEXAS THAT SHARE THE SAME VIEWS OF THIS BALLOT LANGUAGE, THAT IT IS VERY CLEAR THAT THIS DOES NOT CREATE A CRIMINAL OFFENSE, AND WE'RE NOT ASKING FOR.
WE'RE JUST ASKING FOR THE REMOVAL OF THAT CRIMINAL OFFENSE LANGUAGE.
WHETHER THAT BE IN A BALLOT LANGUAGE OR IN ANYTHING THAT COMES FROM THE CITY OF AMARILLO.
WE DON'T WANT THE CITY OF AMARILLO TO BE GIVEN ANY MISINFORMATION OUT REGARDING THIS ORDINANCE BECAUSE IT COULD NEGATIVELY IMPACT THE ELECTION.
THERE'S ALREADY BEEN STATEMENTS FROM MANY IN THE COMMUNITY, AND MANY ORGANIZATIONS THAT ARE NOT ACCURATE.
SOME OF THOSE STATEMENTS COULD REALLY BE CLEARED UP IF THEY WOULD READ THE SUPREME COURT RULING OF ZURAWSKI VERSUS STATE OF TEXAS.
THIS IS SOMETHING THAT WE DO, INTEND TO FULLY EDUCATE PEOPLE ON THROUGHOUT THE COMING MONTHS, AND WE JUST WANT TO MAKE SURE THAT WE DON'T HAVE TO FIGHT ANY STATEMENTS COMING FROM THE CITY.
>> JUST CHECKING ONE MORE TIME, WALTER WOLFRAM JR.
IF NOT, MAYOR, THAT CONCLUDES EVERYONE THAT SIGNED UP.
>> GREATLY APPRECIATE EVERYONE FOR MAKING PUBLIC COMMENT HERE TODAY.
DO HAVE ANYONE ELSE WHO'D LIKE TO OFFER PUBLIC COMMENT BEFORE WE MOVE FORWARD? YES, SIR. MR. PENNINGTON, IF YOU COME FORWARD AND GIVE THEM YOUR FULL NAME, PLEASE.
I GREW UP IN COLORADO, BUT MARRIED AMARILLO GIRL. THAT'S HOW I GOT HERE.
THANK YOU FOR THE OPPORTUNITY.
I JUST WANTED TO QUICKLY JUST SHARE SOME THOUGHTS WITH YOU.
FIRST OF ALL, I'D LIKE TO THANK YOU FOR THE DIFFICULT WORK THAT YOU DO.
YOU WORK LONG HOURS FOR LITTLE GAIN, AND I BELIEVE THAT ALL OF YOU WANT THE BEST FOR OUR CITY. THANK YOU.
I'M HERE AS A PRO-LIFE CITIZEN.
I'M FOR MAKING AMARILLO SANCTUARY CITY.
I'M NOT ON THE COMMITTEE WHO FILED THIS PETITION, AND I'M NOT SPEAKING ON THEIR BEHALF.
I BELIEVE THAT ALL OF YOU ARE FOR SAVING THE LIVES OF THE UNBORN IN OUR CITY.
AS A PRO-LIFE CITIZEN, I WOULD PERSONALLY LIKE TO ASK FOR YOUR FORGIVENESS AND APOLOGIZE FOR ANY WAYS THAT WE HAVE MADE THIS PROCESS MORE DIFFICULT THAN IT SHOULD BE.
I ALSO I'D LIKE TO ASK FOR FORGIVENESS AND APOLOGIZE TO THE MEMBERS OF RFA.
I DON'T WANT TO BE DECEPTIVE OR MISUNDERSTOOD.
I DO NOT BELIEVE THAT CALLING ABORTION REPRODUCTIVE FREEDOM MAKES IT ANY LESS OF A CRIME AGAINST HUMANITY.
HOWEVER, THOSE OF US ON THE PRO-LIFE SIDE HAVE NOT ALWAYS TREATED YOU WITH THE DIGNITY AND RESPECT THAT YOU DESERVE.
IF WE CARE ABOUT THE LIVES AND THE DIGNITY OF THE UNBORN, WE SHOULD ALSO CARE ABOUT THOSE WHO ARE LIVING, EVEN IF WE DO NOT AGREE WITH THEIR VIEWS.
PLEASE FORGIVE US WHEN WE HAVE NOT TREATED YOU AS A PERSON CREATED IN THE IMAGE OF GOD.
ONCE YOU KNOW THAT WE'VE BEEN PRAYING FOR YOU AND WE'RE ASKING GOD TO BLESS YOU.
I BELIEVE ONE DAY WE WILL LOOK BACK AT ABORTION AS WE NOW DO AT SLAVERY.
NO ONE HERE WOULD SAY THAT SLAVERY WAS NOT A CRIME AGAINST HUMANITY.
HOWEVER, IN THE TIME OF THE CIVIL WAR, MANY WHO CALL THEMSELVES CHRISTIANS STOOD ON BOTH SIDES OF THIS ISSUE.
MY PRAYER IS THAT WHEN OUR GRANDCHILDREN READ ABOUT THE HISTORY OF THE OVERTURNING OF ABORTION, THEY WILL FIND THAT AMARILLO STOOD ON THE RIGHT SIDE OF THIS ISSUE.
I AM HOPING THAT WE CAN CUT THROUGH THE DIVISION THAT HAS BEEN STIRRED UP, FIND A WAY TO MAKE AMARILLO A SAFE PLACE FOR THE UNBORN, A PLACE WHERE THOSE WITH DIFFERENT OPINIONS CAN SIT DOWN AND HAVE CIVIL CONVERSATIONS AND A PLACE WHERE ALL CITIZENS ARE TREATED WITH DIGNITY AND RESPECT. THANK YOU VERY MUCH.
>> THANK YOU, MR. PENNINGTON. THAT'S A STATEMENT OF FACT.
WELL DONE, SIR. THANK YOU FOR YOUR COMMENTS TODAY.
MA'AM, IN THE BACK, IF YOU WOULDN'T MIND COMING FORWARD.
[00:30:04]
>> HELLO. MY NAME IS CAROLYN STEWART, AND I AM A 43-YEAR RESIDENT AMARILLO, TEXAS.
I THANK YOU VERY MUCH FOR ALL YOUR PRAYERS OVER AMARILLO AND FOR EVERYTHING YOU'RE DOING.
NUMBER 1, MY BIGGEST ISSUE HAS BEEN THE ARGUMENT OVER VERBIAGE.
I WAS OUT OF TOWN THE DAY THAT YOU GUYS VOTED, WHICH I THOUGHT IT WAS GOING TO BE THE FOLLOWING WEEK.
THE VERBIAGE IS VERY IMPORTANT.
I HAD WISHED THE COMMITTEE HAD GOTTEN TOGETHER TO DISCUSS THE VERBIAGE A LITTLE BIT BETTER BECAUSE I THINK WE'RE NIT PICKING AND ALSO THAT WE ARE CUTTING OFF THE HEAD DESPITE THE TAIL.
I DO KNOW YOU STOOD FOR A SANCTUARY CITY FOR AMARILLO, AND I DO KNOW THAT YOU GUYS ARE HONORABLE MEN.
I DO SUPPORT EVERYBODY IN THIS ROOM, PRO-CHOICE OR PRO-LIFE BECAUSE THEY ARE HUMANS WHO WERE BORN FROM THE SPARK OF LIFE TO THE DAY THEY PASS AWAY.
I ALWAYS WANT YOU TO KNOW MY OPINION OF HOW STRONG I AM, THAT YOU MY WONDERFUL MEN, ARE IN A PLACE OF HISTORY THAT IS VERY IMPORTANT.
NOT ONLY AS CITIZENS OF TEXAS, CITIZENS OF AMERICA, BUT CITIZENS OF THE KINGDOM OF GOD.
YOU HAVE SO MUCH WEIGHT ON YOUR SHOULDERS.
I PRAY FOR YOU TO HAVE WISDOM AND DIRECTION ON HOW YOU VOTE.
THANK YOU VERY MUCH FOR YOUR TIME.
I AM STRONGLY FOR IT, AND PLEASE REMOVE CRIMINAL BECAUSE IT IS CIVIL, AND THANK YOU FOR CORRECTING VERBIAGE IN JESUS NAME. AMEN.
>> MR. SCHNEK, I BELIEVE I SAW YOU RAISE YOUR HAND NEXT.
WE'LL NEED YOUR FULL NAME AND COMPLETE ADDRESS, PLEASE, SIR.
ANYWAY. THIS BALLOT LANGUAGE, I WASN'T GOING TO SAY ANYTHING.
BUT HAVE TURNED INTO A SITUATION WHERE WE'RE GETTING STUCK DOWN IN SEMANTICS, AND IT'S THE LAWYER IN SEMANTICS OF WHAT'S CRIMINAL AND WHAT'S CIVIL.
ANYBODY THAT'S EVER BEEN INVOLVED IN A CIVIL TRIAL, YOU FEEL LIKE A CRIMINAL.
WE HAVE TO BE CAREFUL IN WHAT WE'RE GOING TO PUT IN THERE.
WELL, FIRST OFF, I'VE NEVER SEEN A CASE TAKEN, EVEN THOUGH MITCHELL HAS DONE SOME THINGS IN HOUSTON, TO COURT.
PEOPLE ARE STILL GOING AND THEY'RE TRAVELING, BUT THERE'S BEEN NO PRECEDENT OF THIS BEING DEALT WITH.
WHETHER IT ACTUALLY MOVES INTO THE CIVIL COURT OR NOT, HOW IT MOVES THERE, THOSE PEOPLE WILL BE RAKED OVER THE COALS BY THOSE WHO CHOOSE TO ADMONISH THEM, TO TAKE CIVIL ACTION AGAINST THEM, TO SUE THEM.
ONE OF THE THINGS THAT I BELIEVE IN BECAUSE I AM PRO-LIFE, BUT I'M ALSO PRO-FREEDOM.
I'M ALSO PRO-LOVE AND COMPASSION.
MUCH LIKE WE HEARD FROM THE MEDICAL BOARD, DR. URBAN SAYING, WHERE'S THE LOVE IN THIS? WE NEED TO HELP THESE PEOPLE.
THOSE PEOPLE ARE GOING TO RUN AND HIDE THAT ARE IN THOSE PREDICAMENTS.
THAT'S NOT WHAT WE WANT. WE WANT THEM TO SEEK.
IF THEY CHOOSE THAT, THAT'S THE FREEDOM WE LIVE UNDER RIGHT NOW.
YOU CAN'T TAKE THAT AWAY FROM THEM. THANK YOU.
>> YES, MA'AM. I'LL SEE YOUR HAND IN THE BACK IF YOU WOULDN'T MIND COMING FORWARD.
>> MY NAME IS DE KRAUSE, I LIVE AT 310, SOUTH MISSISSIPPI, AMARILLO, TEXAS.
I THINK I MIGHT HAVE THE WRONG DATE, BUT I DON'T KNOW.
I DON'T HAVE ANY RESCUE PEOPLE HERE, SO I GUESS I'M THE ONLY ONE.
I AM WITH RESCUE, AND WE HAVE BEEN SAVING A LOT OF DOGS AND ANIMALS AROUND THE AREA.
I HOPE THE CLEANING OUT THE SHELTER WORKS REALLY GOOD.
BUT IN A MATTER OF TIME ONE DAY, BY THE TIME YOU GET ALL THE ANIMALS IN THERE, YOU'RE STILL BACK UP TO FULL CAPACITY AT THE SHELTER.
WE DO HELP THE ANIMAL CONTROL PEOPLE.
[00:35:01]
I GO OUT AND SCAN ANIMALS.IF THEY ARE MICRO-CHIPPED, I TAKE THEM HOME, I GET A HOLD OF THE OWNERS AND GET THE REUNITE, THE DOGS WITH THE OWNERS.
TRYING TO HELP THE ANIMAL CONTROL PEOPLE SO THAT THEY CAN GO OUT AND DO WHAT THEY REALLY NEED TO DO.
WE DO HAVE A LOT OF STRAYS IN THE AREA.
WE DO NEED TO GET THEM NEUTERED AND STRAIGHT SO THEY DON'T GET PREGNANT, WHETHER IT BE A CAT OR A DOG.
IN ADOPTIONS, WE GO AHEAD AND WE CHARGE MONEY FOR ADOPTIONS, BUT THE DOGS ARE SPAYED, UPDATED ON THEIR SHOTS, MICRO-CHIPPED, EVERYTHING WHEN THEY GO OUT THAT ADOPTION PLACE.
BASICALLY, I'M JUST LETTING YOU KNOW, I KNOW I HAVE THE WRONG DATE.
BUT I JUST WANTED TO LET YOU KNOW THAT WE ARE OUT THERE 24 HOURS A DAY TRYING TO SAVE ALL THESE ANIMALS SO THAT OTHER PEOPLE CAN DO OTHER THINGS WITH THEIR LIFE.
WE HAVE A LADY BY THE NAME OF DANA G THAT WORKS 24 HOURS A DAY, SEVEN DAYS A WEEK.
SHE'S OUT THERE TRAPPING DOGS WHEN WE CAN'T GET THEM.
WE'RE OUT THERE, PUTTING THEM IN OUR LIFE, IN OUR HOME BECAUSE THERE'S NOWHERE TO PUT THEM.
IF WE SEND THEM TO THE SHELTER, IT'S NOT GOOD, AND WE ALL LIVE WITH THIS IN OUR HEART.
I JUST HOPE THAT EVERYBODY CAN UNDERSTAND THAT IF YOU HAVE A DOG, GET IT SPAYED, NEUTERED, MICRO-CHIPPED, HELP US TO HELP THEM. THANK YOU.
>> THANK YOU, MA'AM. APPRECIATE WHAT YOU DO.
DO I HAVE ANYONE ELSE HERE THAT WOULD LIKE TO OFFER PUBLIC COMMENT? WE'RE GOING TO MOVE FORWARD WITH OUR MEETING.
WE WILL NOW MOVE FORWARD TO OUR DISCUSSION ITEMS.
[8.A. Review agenda items for regular meeting and attachments ]
ITEM 8A IS JUST A SIMPLE QUESTION IF I HAVE ANYTHING FROM MY COUNCIL THAT NEEDS REVIEW OR ADDITIONAL INFORMATION.SEEING NONE, WE'LL MOVE ON TO ITEM 8B.
[8.B. State of the City Event Update]
MISS CITY SECRETARY, YOU'RE ON IT.WE'RE GOING TO DO TWO THINGS HERE.
ONE, I'M GOING TO BE ABLE TO ANNOUNCE SOMEWHAT PUBLICLY AND BRING FORWARD ON THIS PLATFORM WHAT WE'RE WORKING ON AND WHAT WE'VE BEEN WORKING ON FOR SEVERAL MONTHS NOW.
I'LL GIVE YOU A LITTLE BACKSTORY AS TO WHY WE'RE DOING IT SO THAT YOU SEE MAYBE THE INTENT BEHIND IT, NOT SO MUCH THE CAMPAIGN POLITICAL STYLE LOOK.
THEN WE'RE GOING TO TRANSITION INTO A DISCUSSION FROM COUNSEL WHERE THEY'RE GOING TO BE UPDATED ON YOUR ROLE AND RESPONSIBILITY IN PERFORMING AND PRODUCING THIS EVENT AND MAKE SURE THAT WE DON'T HAVE ANY TWEAKS OR OBJECTIONS AS TO MOVING THIS FORWARD.
LET ME START WITH MISS CITY SECRETARY, WAS IT 2016 THAT WE PUT THIS IN OUR GOVERNANCE AND END STOCKS?
>> 2018. [NOISE] IT IS REQUIRED IN OUR GOVERNANCE AND ENDS DOCUMENTS THAT THE MAYOR AND THE COUNCIL DO ONCE A YEAR, AT SOME POINT IN TIME DURING THE YEAR, A STATE OF THE CITY ADDRESS.
THERE'S BEEN SOME PRECEDENTS SET.
YOU CAN HAVE A VERY BUSINESS-STYLE, ADDRESS.
YOU COULD DO SOMETHING JUST TELEVISED OR JUST STREAM SOCIALLY.
YOU PROBABLY COULD JUST PUT A REPORT CARD TOGETHER AND MAIL IT OUT IF YOU WANTED.
BUT TRADITIONALLY, IT'S BEEN SOMETHING THAT IS A LITTLE BIT MORE WHAT I WOULD INTERPRET LIKE MORE ON THE COUNCIL SIDE.
IT HAS TO BE SPONSORED BY THE COUNCIL, SO THAT MEANS THAT NONE OF YOUR TAX MONIES GO TO PRODUCE THIS.
IT'S TREATED AS A CAMPAIGN EVENT.
I THINK FOR GOOD REASON BECAUSE A LOT OF TIMES IT COULD TURN VERY MUCH INTO A PAT ON THE BACK OF LOOK AT US AND HERE'S WHAT A GREAT JOB WE'VE DONE, BECAUSE YOU DON'T SEE TOO MANY COUNCIL THAT COME FORWARD AND TELL YOU ALL THE THINGS THAT WE DIDN'T GET FINISHED OR WE DIDN'T DO WELL, OR MAN, WE SURE SCREWED THAT ONE UP.
BECAUSE WE ARE DOING THAT, WHAT WE TRIED TO DO THIS YEAR, I WANTED TO TAKE THIS OUT OF THE SPOTLIGHT OF COUNCIL OF, HEY, LOOK AT WHAT US FIVE HAVE ACCOMPLISHED, WHAT I WANTED TO DO WAS REALLY PUT IT MORE ON THE COMMUNITY, BECAUSE WE HAVE SO MANY GOOD STAKEHOLDERS, SO MANY GOOD MEN AND WOMEN THAT GO OUT AND DO THE WORK, LIKE THE LADY THAT IS HELPING TO RESCUE ANIMALS.
OUR QUALITY OF LIFE IN THIS TOWN DOESN'T HAPPEN BECAUSE OF WHAT HAPPENS ON THIS SIDE OF THE DAIS.
IT HAPPENS BECAUSE OF WHAT HAPPENS ON THAT SIDE OF THE DAIS.
OUR STRENGTH IS NOT IN THE ELECTED LEADERS, OUR STRENGTH IS IN THE ELECTED LEADERS KNOWING THAT IF WE LET YOU DO THE WORK THAT YOU HAVE THE PASSION FOR AND WE PROVIDE A RESOURCE AND A FOUNDATION FOR THAT, THAT THEN YOU CAN DO THAT WORK AND THAT WE ARE THE ANSWER.
THE SPOTLIGHT IS TRYING TO GO TOWARDS HOW GOOD THE COMMUNITY IS DOING IN THESE AREAS.
[00:40:03]
THEN IT REALLY NEEDS TO HIGHLIGHT THE STAFF.WE CALL THEM LOCAL HEROES, AND IT'S EASY WHEN YOU SEE THEM WEARING THEIR BADGE AND THEY'RE IN THEIR UNIFORM.
BUT IT'S NOT ALWAYS THAT EASY TO SEE THAT LOCAL HERO WHEN HE'S OUT THERE AT TWO O'CLOCK IN THE MORNING FIXING THAT WATER MAIN BREAK AND IT'S 20 DEGREES, AND YOU GOT UP THE NEXT MORNING AND YOU TOOK A HOT SHOWER BECAUSE YOU HAD WATER AND YOUR SERVICES WERE DELIVERED AND THEY WERE DONE WELL, OR THAT FOR WHATEVER REASON, THAT ONE GUARD RAIL, DONNIE, THAT KEEPS GETTING HIT, SOMEBODY HAD JUST FIXED IT THE DAY BEFORE, THAT YOU WOULD HAVE WENT OFF THE BRIDGE AND YOU HIT IT AGAIN.
THE THINGS THAT ARE THE LITTLE THINGS THAT YOU DON'T NOTICE, WE'RE TRYING TO SHOW SOME OF THE SPOTLIGHT ON THIS.
WE WANT YOU TO KNOW THAT WE'RE ACCOUNTABLE.
WE HAVE DELIVERABLES AND WE WANT TO DELIVER TO OUR BOSS, OUR SHAREHOLDERS, YOU GUYS, HERE'S WHAT WE'RE GETTING DONE WITH YOUR MONEY.
YOU'VE PUT SOME TRUST, YOU PUT SOME FAITH IN US, AND SO THIS IS OUR REPORT CARD.
THE VISION WAS, LET'S NOT DO SOMETHING THAT IS BUSINESS AND LESS FRIENDLY.
LET'S DO A COUNTY FAIR, BLUE RIBBON, BOOTS AND JEANS, SOMETHING IN THE EVENING.
LET'S HAVE SOME MUSIC AND LET'S GET TOGETHER AS A FAMILY COOKOUT STYLE.
LET'S GET OUR WORK DONE, BUT LET'S ALSO BE US ABOUT IT.
WHAT WE'VE GOT HERE IS A STATE OF THE CITY ADDRESS, AUGUST 25TH, THAT'LL START AT 6:00 PM.
WE'LL PROBABLY GET OUT THERE AND START ROLLING STUFF OUT EARLIER.
COUNCIL WOULD BE ASKED TO BE THERE LIKE BY FIVE, AND THEN YOU GUYS ARE ASKED TO HELP.
WE HAVE AROUND 10 THAT ARE GOING TO HELP WITH EVERYTHING FROM DRIVING THE GOLF CART SHUTTLE BACK AND FORTH SO THAT IF YOU'RE MAYBE NOT SOMEONE WHO CAN WALK A DISTANCE AND YOU HAVE TO PARK A LITTLE WAYS AWAY, YOU'VE GOT A RIDE.
WE HAVE FOOD TRUCKS THAT ARE COMING, WE HAVE FOOD PROVIDED.
YOU PAY FOR THE FOOD, BUT THEN THE DRINKS WERE PROVIDED BY WATER STILL.
YOU HAVE ICE AND TEA, WATER COKE, WHATEVER.
I THINK IT WAS THE BEER GARDEN ON THIS ONE, WE THOUGHT MAYBE A LITTLE MORE FAMILY FRIENDLY.
IT'LL BE ALL AGES BEVERAGES ON THIS ONE, EVEN THOUGH YOU'VE GOT AARON WATSON PLAYING.
AARON IS A FRIEND OF MINE, I GREW UP WITH HIM HONESTLY FROM JUNIOR HIGH ON.
GREAT GUY, AND HE DOESN'T LIVE HERE ANYMORE, BUT WHEN HE COMES BACK TO AMARILLO, HE HONESTLY HAS A TESTIMONY OF HOW AMARILLO HAS CHANGED AND WHAT WE'VE BECOME.
THEN HE'S A LOCAL KID AND HAS A GREAT FOLLOWING AND HE'S JUST SOMEBODY THAT WE COULD REACH OUT TO AND SAY, WOULD YOU BE WILLING TO PLAY? THE WAY THAT THIS WILL WORK IS, WE'RE GOING TO HAVE SOME VIDEOS THAT WE'RE GOING TO BE ABLE TO SHOW DIFFERENT DEPARTMENTS AND HIGHLIGHT DEPARTMENTS.
WE WANT YOU TO SEE THE FIREFIGHTERS TRAINING AND IN ACTION, WE WANT YOU TO SEE OUR POLICE OFFICERS.
WE WANT YOU TO SEE OUR STREETS DEPARTMENT, OUR PARKS AND WRECK, EVERYTHING THAT GOES ON IN COMMUNITY DEVELOPMENT, TRANSFORMATION PARK, OUTDOOR AMARILLO, YOU NAME IT.
WE'VE GOT THESE STAKEHOLDERS AND NON-PROFIT VOLUNTEERS THAT ARE JUST LIKE US THAT ARE COMING OUT TO SAY, HEY, WE WANT TO SHOW YOU WHAT WE'RE GETTING DONE HERE.
THAT'S THE VISION, COUNCIL, HERE'S WHAT YOU'RE BEING ASKED TO DO.
WE ARE GOING TO HAVE A SIX O'CLOCK KICK-OFF.
WE'LL HAVE A LITTLE MUSIC JUST PLAYING UP UNTIL SIX.
WE'LL DO THE MIC CHECK AND LET EVERYBODY GET THERE, BUT AT SIX O'CLOCK, WE'LL KICK THIS OFF.
WE HAVE MISS LINDSAY LANE, WHO IS A LOCAL TALENT AND ARTIST.
SHE CAN SING VERY WELL, AND WE'RE EXCITED TO HAVE HER PLAY US IN.
SHE'LL GET US GOING AND THEN WE WILL HAND THE MICROPHONE OVER, AND WE WILL HAVE A COUNCIL MEMBER OR THE MAYOR DO A WELCOME AND GET EVERYBODY THERE AND CALL US INTO THE AGENDA OF OUR REPORT CARD.
AT THAT TIME, WE WILL BREAK THIS DOWN INTO, HERE'S WHERE WE ARE WITH OUR COMMUNITY STAKEHOLDERS.
CVB IS A GREAT EXAMPLE OF THEM BEING ABLE TO SHOW YOU A VIDEO.
COUNCILMEMBER TIPPS MAY INTRODUCE KASHIN AND HE MAY GET TO TALK ABOUT CVB AND WHAT GOOD THEY'VE DONE OVER THE LAST TWO YEARS FOR ROUTE 66.
THEN, IN 2026, IT'S OUR 100-YEAR CELEBRATION, AND IT'S OUR 250-YEAR BIRTHDAY.
THIS IS KASHIN COME UP AND SAY A FEW WORDS.
SHE'LL BE ABLE TO TALK ABOUT HER STAFF AND HOW GOOD THEY ARE.
SHE'S GOING TO BE ABLE TO SPOTLIGHT ALL OF THE DIFFERENT VENDORS, 60 DIFFERENT COMMUNITY VENDORS THAT ARE FILLING IN THOSE GAPS TO MAKE THAT A GREAT EVENT FOR OUR COMMUNITY.
SHE'S GOING TO BE ABLE TO TELL YOU ALL OF THE STIMULUS AND THE ECONOMIC ADVANTAGE THAT HAPPENS BY INVITING THAT MANY PEOPLE INTO TOWN ON THAT SATURDAY OR THAT WEEK.
[00:45:02]
THEN SHE'LL PLAY THE VIDEO, AND YOU GUYS WILL GET TO WATCH THE VIDEO AND THEN WE'LL MOVE ON TO THE NEXT ONE.THEN IT MAY BE COUNCILMAN CRAFT, INTRODUCING OUR CHIEF AND CHIEF, WOULD YOU COME UP HERE AND SAY A FEW WORDS ABOUT OUR LOCAL HEROES IN BLUE.
WE'RE GOING TO GO DOWN THE LINE UNTIL WE GET THROUGH OUR TRANSFORMATION PARK PIECE AND OUTDOOR AMARILLO AND PARKS AND REC.
YOU GUYS ARE GOING TO GET TO SEE EVERYTHING THAT'S GOING ON IN YOUR COMMUNITY AND YOU'RE GOING TO GET TO HEAR IT FROM THE PEOPLE THAT ARE ACTUALLY DOING THE WORK.
I FIND THAT REFRESHING, AND I THINK IT HELPS BRING US BACK TO THE POINT OF THIS IS ABOUT US, AND IT'S ABOUT HOW GOOD WE'RE DOING.
IT'S NOT ABOUT A CERTAIN PERSON OR IT'S NOT ABOUT AN AGENDA, AND IT'S DEFINITELY NOT A POLITICAL CAMPAIGN PIECE.
IT'S NOT THE RIGHT SETTING FOR THAT.
THEN AARON WATSON WILL GET UP AND HE WILL PLAY FOR ABOUT 30 MINUTES.
HE HAS A GOOD TESTIMONY, AND HE CAN SPEAK WELL AND I WANT HIM TO TALK A LITTLE BIT ABOUT WHAT AMARILLO MEANS TO HIM AND HOW GOOD THIS TOWN WAS TO GROW UP IN AND WHAT IT DOES FOR HIM.
[NOISE] THEN AGAINST BETTER ADVISEMENT, I HAVE REQUESTED THAT WE WOULD ALL GET OUT THERE AND SING AMARILLO BY MORNING.
I DON'T CARE, WE'RE GOING TO DO IT.
WE'RE GOING TO SING OURSELVES OUT OF THE STATE OF THE CITY ADDRESS WITH AMARILLO BY MORNING, AND THEN WE'RE GOING TO TELL Y'ALL TO HAVE A GREAT NIGHT.
THAT WILL BE OUR STATE OF THE CITY ADDRESS.
IF YOU WOULD LOOK, COUNCIL, YOU'RE SEEING OUR LOGO.
WE HAVE A DESIGN TEAM THAT'S COME UP WITH ALL THIS.
WE HADN'T USED ANY CITY RESOURCES.
WE DON'T HAVE THE CITY'S LOGO ON ANY OF THIS.
WE'VE THOUGHT ABOUT THE ROYAL THRONES AND HAVING SOME NICE RESTROOMS OVER THERE.
WE'VE GOT 10 FOOD TRUCKS SO EVERYBODY CAN GET SOMETHING TO EAT AND NOT HAVE TO STAND IN A REALLY LONG LINE.
WE'VE GOT 1,000 CHAIRS OVER THERE.
WE DON'T KNOW HOW MANY PEOPLE ARE GOING TO COME.
I DON'T KNOW IF WE'LL HAVE 500 PEOPLE SHOW UP OR 2,500 PEOPLE SHOW UP.
YOU'RE NOT PAYING TO GET INTO THIS AND NORMALLY YOU'D PAY 30 $40 TO GO WATCH AARON, SO SOMETHING THAT HE'S JUST GIFTING.
WE HOPE WE'LL HAVE A COUPLE THOUSAND PEOPLE.
WE COULD HAVE FOUR OR 5,000 AND NOT BE OVERCROWDED, HONESTLY, BE STANDING ROOM ONLY AT THAT POINT.
BUT WE HOPE ALL OF AMARILLO HEARS THIS AND COMES OUT TO SEE WHAT LEADERSHIP YOU HAVE IN THIS TOWN. I TRULY MEAN THAT.
YOU GUYS ARE GOING TO BE ASKED TO GET UP, GIVE A LITTLE SPEECH.
ONE OF YOU MAY GIVE A CLOSING.
THEN HOPEFULLY BY LIKE 9:30, WE WILL ALL BE DONE AND NOT A LOT OF CLEANUP, A LITTLE TRASH TO THROW AWAY.
DO I HAVE ANY QUESTIONS FROM COUNCIL ON HOW I'M CASTING THIS OUT AND WHERE WE'RE AT IN THE PROCESS, OR SPECIFICALLY, DO I HAVE ANYTHING THAT YOU'RE CONCERNED WITH AND YOU KNOW I HAVE FORGOTTEN AND WE NEED TO REMEMBER OVER THE NEXT TWO WEEKS BEFORE WE LAUNCH THIS GUY.
[BACKGROUND] THAT'S MORE CONCERNING.
[LAUGHTER] UNFORTUNATELY, WE ALL WORK UNDER THIS OPEN MEETINGS ACT THING.
THERE'S JUST NO WAY TO ACTUALLY COMMUNICATE WITH YOUR COUNCIL UNLESS YOU'RE IN PUBLIC WHEN YOU'RE ALL TOGETHER.
YOU ONLY GET ONE GUY, AND SO THE GUY THAT WAS GOING TO BE THE HARDEST ON ME FOR THIS WAS GOING TO BE LESS.
[LAUGHTER] I TOLD LESS, HEY, WILL YOU LOOK OVER MY SHOULDER, WILL YOU LOOK AT ALL THIS? I WOULDN'T MIND HAVING AN EDITOR MAKE SURE THAT I DIDN'T LEAVE OFF THE DATE OF LIKE, YEAH, IT'S A GREAT LOGO, BUT WE DON'T KNOW WHEN IT IS.
HE KNOWS A LITTLE BIT MORE, BUT THIS IS NOT MY GIFT, AND IT'S NOT REALLY WHERE I LIKE TO OPERATE.
BUT I'M DOING MY BEST TO TRY TO GET SOMETHING FOR YOU GUYS TO COME TO AND KEEP IT BOOTS AND JEANS, BUT ALSO MAKE IT PROFESSIONAL SO YOU CAN SEE THE LEADERSHIP AND THE QUALITY OF THE PEOPLE THAT YOU HAVE THAT SERVE YOU IN THIS TOWN.
IF YOU GET THAT IMPARTATION AT THE END OF ALL THIS, THEN WE'VE DONE A GOOD JOB.
THAT'S EASY IF YOU GUYS DON'T WANT TO CORRECT OR CHANGE ANYTHING AND THEN COUNCIL SHOW UP, AND I'LL TELL YOU WHAT YOU'RE DOING WHEN YOU GET THERE.
>> WELL, JUST FOR THE RECORD, YOU VETOED ME ON ONE THING.
I BROUGHT UP WRESTLING, BUT YOU SAID NO.
[LAUGHTER] WE'RE NOT GOING TO HAVE THAT, BUT MAYBE NEXT YEAR.
YOU DON'T WANT TO TEST IT AGAIN LIKE WE DON'T WANT TO RISK INJURY.
PLUS, YOU GOT TO SAVE SOMETHING FOR THE ENCORE NEXT ROUTE 66.
TOP ROPES NEXT JUNE, BUT UNTIL THEN, NO MORE WRESTLING.
>> I'M GOING TO ASK YOU DON'T MAKE THESE ASSIGNMENTS MAYBE BEFORE SUNDAY.
WE'RE NOT ALL CALLED GPT SO WE WOULD APPRECIATE MAYBE
[00:50:01]
A LITTLE HEADS UP ON WHAT DEPARTMENT YOU'D LIKE US TO INTRODUCE.>> THE REAL PLAN IS DAVID WITH CREATED CANNON.
HE'S THE TEAM THAT'S RUNNING ALL THIS. HE'S THE QUARTERBACK.
HE'S GOING TO GO AHEAD AND TYPE UP THE ITINERARY AND WE'LL FINALIZE THE ASSIGNMENTS THIS NEXT WEEK.
I THINK IT'S THURSDAY THAT WE MEET AGAIN.
THEN YOU GUYS WILL GET THIS NEXT THURSDAY OR THIS THURSDAY, BUT UNFORTUNATELY, IT'S ONLY A WEEK AND A COUPLE OF DAYS FROM THEN.
ONCE IT'S GIVEN TO YOU, SPEAK UP OR FOREVER HOLD YOUR PEACE AND THEN YOU GUYS CAN GET WITH HIM INDEPENDENTLY ON, IS THIS WHAT YOU NEED? AM I UNDERSTANDING THIS IS WHO I'M INTRODUCING? I THINK WITH THE PROXIMITY YOU'VE BEEN TO EVERYTHING THAT YOU'VE DONE, ALL THE WORK THAT YOU'VE DONE, WE'LL ASSIGN YOU TO THINGS WE KNOW YOU CARE ABOUT, AND THEN IF YOU DON'T LIKE IT, YOU WANT TO CHANGE OR TRADE, WE CAN ENTERTAIN WHATEVER.
>> YOU GET A COUPLE DAYS NOTICE.
AS MUCH AS YOU GET FOR A COUNCIL MEETING USUALLY.
>> WITH NOTHING ON THAT, I'M GOOD TO KEEP GOING.
WE ARE KNOCKING THIS ONE OUT, NOT EVEN FOUR O'CLOCK YET.
ANYTHING FURTHER ON THIS GUY, GUYS? WE'RE GOING TO MOVE FORWARD.
[NOISE] DO I HAVE ANY FUTURE AGENDA ITEMS THAT ANYBODY WANTS TO REQUEST?
[8.C. Request future agenda items and reports from City Manager]
NO.>> LET'S MOVE FORWARD TO OUR CONSENT AGENDA.
[9. Consent Items]
WE'LL GO AHEAD AND GET THROUGH CONSENT, THEN WE'LL SEE IF WE WANT TO TAKE A BREAK OR KEEP GOING.ON THE CONSENT AGENDA, I HAVE BEEN NOTICED BY OUR CITY SECRETARY THAT ITEM 9Y, IF YOU'LL FLIP TO THAT OR SCROLL TO THAT, I JUST WANT TO GET THE TITLE CORRECT HERE AS I ASKED FOR A MOTION.
ITEM 9Y IS A CONSIDERATION TO APPROVE A PARTICIPATION AGREEMENT BETWEEN THE CITY OF AMARILLO AND KREBS CYCLING. THAT'S NOT READY.
WE HAD SOME DOCUMENTATION THAT STILL DIDN'T GET TO US QUITE IN TIME.
WE WANT TO MAKE SURE THAT WE HAVE ALL OUR PAPERWORK IN ORDER BEFORE WE PUSH SOMETHING THROUGH ON A VOTE.
I'M GOING TO ASK THAT SOMEONE WOULD PULL ITEM 9Y SO THAT WE TAKE NO ACTION ON THAT AND WE'LL BRING IT BACK TO THE FOLLOWING MEETING.
>> I'LL MAKE A MOTION WE PULL ITEM 9Y ON THE CONSENT AGENDA.
>> DO I HAVE ANYTHING ELSE THAT WE NEED TO DEAL WITH ON THE CONSENT AGENDA OR ARE WE GOOD TO VOTE AS IS?
>> MAYOR, I'D LIKE TO PULL 9Z FOR DISCUSSION.
>> ITEM 9Z IS THE ONE THAT WAS REFERENCED ON THE BALLOT LANGUAGE.
I THINK ON THAT ONE, I'D LIKE TO PULL THAT ONE OFF AND VOTE ON THAT ONE INDEPENDENTLY.
THEN WE COULD GO AHEAD AND VOTE FOR THE REST OF THE CONSENT AGENDA.
WE HAVE A MOTION IN A SECOND TO PULL ITEM 9Y.
LET'S GET A MOTION AND A SECOND TO PULL ITEM 9Z, AND THEN WE'LL VOTE FOR THE CONSENT AGENDA THAT WAY.
>> I MAKE A MOTION TO PULL CONSENT ITEM 9Z.
>> I HAVE A MOTION IN A SECOND.
I HAVE A MOTION IN A SECOND FIRST ON ITEM 9Y.
>> ANY OPPOSE? WE'RE GOING TO PULL ITEM 9Y AND TAKE NO ACTION.
I HAVE A MOTION AND A SECOND TO PULL ITEM 9Z FOR FURTHER DISCUSSION.
>> ANY OPPOSED? WE ASK FOR A MOTION FOR THE CONSENT AGENDA AS MODIFIED.
>>> I MOVE TO APPROVE THE CONSENT AGENDA AS MODIFIED.
>> I HAVE A MOTION AND A SECOND FOR THE CONSENT AGENDA AS MODIFIED.
>>ANY OPPOSED? WE WILL NOT TAKE UP 9Y, BUT WE WILL GO AHEAD AND MOVE TO ITEM 9Z FOR DISCUSSION.
[9.Z. CONSIDERATION OF RESOLUTION NO. 08-13-24-2 ]
COUNCILMEMBER TIPPS, WOULD YOU LIKE TO GO FIRST AND TELL US YOUR CONCERN THERE OR DO YOU WANT TO LET ANOTHER COUNCIL MEMBER SPEAK TO?>> NO. I'M GOOD. OBVIOUSLY, WE'VE RECEIVED SEVERAL EMAILS, COMMENTS, WELL, CONTINUE TO GET MORE EMAILS.
I THINK THAT IT NEEDS TO BE LOOKED AT AS FAR AS THE LANGUAGE GOES.
MADAM SECRETARY AND I HAD A DISCUSSION REGARDING THIS LANGUAGE.
I JUST WANT TO CLARIFY IF BRIAN AND YOU COULD ILLUMINATE US A LITTLE BIT ON THIS, THAT THIS LANGUAGE ISN'T EVEN GOING TO APPEAR ON THE BALLOT.
THE LANGUAGE THAT WE'RE DISCUSSING HERE IN RESOLUTION A13242, THAT THE MEASURE ITSELF WILL NOT APPEAR ON THE BALLOT, IS THAT CORRECT?
>> LET ME, AND I'M GOING TO DEFER TO BRIAN IF I SAY THIS WRONG, SO BRIAN STEP IN IF YOU NEED TO.
COUNCILMEMBER TIPPS, GIVE ME ONE MOMENT. I'VE GOT THIS PULLED UP.
>> I WANT TO SAY IT BY SECTION.
[00:55:02]
THE LANGUAGE UNDER SECTION 3, LABELED BALLOT MEASURE, WILL NOT BE ON THE BALLOT.THE LANGUAGE UNDER SECTION 4, BALLOT LANGUAGE THAT IS LABELED PROPOSITION IN THAT PARAGRAPH BELOW IT, THAT'S ALL CAPS, THAT IS WHAT WOULD COME ON THE BALLOT.
THAT'S YOUR BALLOT LANGUAGE THAT WOULD APPEAR TO THE VOTERS. BRIAN?
>> JUST SO WE'RE ALL FOLLOWING ALONG, SAY THAT ONE MORE TIME IN THE SECTIONS THAT YOU REFERENCED.
>> LET ME PUT THIS ON THE SCREEN, IT MIGHT HELP.
>> THIS IS DIRECTLY OUT OF THE AGENDA.
SECTION 3 IN THIS RESOLUTION LABELED BALLOT MEASURE THAT HAS SOME MEASURE LANGUAGE.
THIS IS IN YOUR RESOLUTION, BUT THIS WILL NOT APPEAR ON THE BALLOT FOR THE VOTERS.
IF YOU THEN MOVE DOWN TO SECTION 4, THAT'S TITLED BALLOT LANGUAGE, WHERE IT STARTS WITH PROPOSITION AND THEN GOES INTO A PARAGRAPH AFTER, THAT'S THE BOTTOM OF THIS PAGE AND TOP OF THE FOLLOWING, THAT IS THE BALLOT LANGUAGE THAT WILL SHOW UP FOR THE VOTERS.
>> THAT SECTION 4, THAT WILL APPEAR ON THE BALLOT?
>> THEN WE'LL VOTE FOR OR AGAINST ON THAT.
THIS IS THE LANGUAGE, THOUGH, I THINK WE'VE ALL BEEN DISCUSSING THE OTHER LANGUAGE IN THE MEASURE.
THERE'S ALSO LANGUAGE IN THIS PROPOSITION THAT PEOPLE ARE QUESTIONING AS WELL.
I CAN'T REMEMBER WHO BROUGHT UP, BUT I THINK IT WAS BOTH SIDES HAVE AN ISSUE WITH THIS. WE WANT TO BE CLEAR.
WE JUST NEED TO BE VERY CAREFUL, I THINK, WITH THE LANGUAGE THAT IT DOESN'T MISLEAD ONE WAY OR THE OTHER, IT NEEDS TO BE VERY CLEAR.
I THINK ONE POINT, AND EVEN MR. FORD BROUGHT UP AS WELL, IS THE CRIMINAL OFFENSE.
I THINK IT'S A LITTLE QUESTIONABLE ON WHERE IT COMES IN.
NOW, WE HAVE RECEIVED COUNSEL FROM OUR OUTSIDE ATTORNEY? I THINK THE LAST COMMUNICATION WE RECEIVED WAS IT COULD GO EITHER WAY.
BECAUSE HE GAVE AN OPINION SAYING THAT HE FELT LIKE THE CRIMINAL NEEDED TO BE IN HERE BECAUSE IT REFERENCED IN THE ACCOMPLICE AND THE PENAL CODE AND THINGS LIKE THAT.
HE FELT LIKE IT NEEDED TO SAY CRIMINAL.
BUT THEN HE ALSO CAME BACK AND SAID, ACTUALLY, IT COULD GO EITHER WAY.
HE SAID THE CRIMINAL COULD BE REMOVED, AND IT COULD SAY, BE REPLACED WITH THE PRIVATE RIGHT OF ACTION WOULD BE PUT IN PLACE.
AGAIN, I THINK WE'RE ALL UNDER THE PREMISE THAT THIS WAS A PRIVATE RIGHT OF ACTION, NOT A CRIMINAL OFFENSE.
EVEN TO MR. STAN'S POINT, REGARDLESS OF WHAT IT IS, THE ORDINANCE NEEDS TO BE DISCUSSED PROPERLY AND TELL WHAT IT IS WITHIN AS LITTLE WORDS AS POSSIBLE, WHICH IS VERY DIFFICULT.
I THINK THAT THAT NEEDS TO BE DISCUSSED IF WHETHER THAT CRIMINAL OFFENSE STAYS IN OR REPLACED WITH PRIVATE RIGHT OF ACTION.
>> YES, SIR. TOM, YOU GO NEXT, AND WE'LL COME BACK TO GREG.
>> MY QUESTION IS, DON, I AGREE WITH YOU.
[LAUGHTER] HERE'S WHERE I'M GOING TO GO WITH IT.
IF YOU LOOK AT THAT ORDINANCE THAT WAS GIVEN TO US BY THE INITIATING COMMITTEE, IT HAS UNLAWFUL IN IT 10 TIMES.
IF IT'S UNLAWFUL, THAT'S CRIMINAL.
IF YOU SAY SOMETHING IS A LAW OR IF IT'S UNLAWFUL, YOU'RE BREAKING THE LAW, CORRECT? IF IT'S STATED 10 TIMES IN THEIR ORDINANCE, THAT IT'S UNLAWFUL, I THINK THE WORD CRIMINAL NEEDS TO BE IN THERE.
IN FACT, IN THEIR LANGUAGE, WHEN IT COMES TO THE ABORTION DRUGS, I THINK THEY ACTUALLY USED THE WORD CRIMINAL IN THERE.
I THINK, IS THAT CORRECT? I'VE GOT A COPY HERE AND I THINK IT SAYS THAT.
[NOISE] THIS IS A DISCUSSION BETWEEN US RIGHT NOW.
>> BRIAN, CAN YOU WEIGH IN ON THAT?
>> WELL, UNLAWFUL AND CRIMINAL.
LET'S START THERE. IT'S UNLAWFUL.
>> IT COULD BE THE SAME THING.
>> IF IT'S A VIOLATION OF A CIVIL ACT, IS IT UNLAWFUL?
>> UNLAWFUL CAN ALSO MEAN A VIOLATION OF A CIVIL ACT AS WELL, CORRECT?
>> AGAIN, I THINK THAT THAT'S WHERE GEORGE HYDE BROUGHT.
>> I WOULD SAY THAT IF WE WANTED TO ERR ON THE SIDE OF, LET'S SAY IF WE WERE TO CONSIDER COUNCIL'S ROLE HERE TO SUMMARIZE ACCURATELY AND SUCCINCTLY AN 18.5-PAGE LEGAL DOCUMENT.
THEN WE'RE GOING TO DO THIS IN A PARAGRAPH.
[01:00:01]
WE WOULD BE ERRING ON THE SIDE OF, WE WANT TO MAKE SURE WE'RE NOT LEADING IN ANY DIRECTION.TO NOT BE LEADING A CERTAIN DIRECTION, IT MIGHT BE MORE CAUTIOUS, OR MAYBE THERE WOULD BE SOME WISDOM IN CHANGING THE WORD CRIMINAL IN OUR NOTICE LANGUAGE ON THE BALLOT TO UNLAWFUL.
NOW, WE'RE NOT CHANGING ANYTHING IN THE DOCUMENT.
EVERYBODY'S LISTENING AT HOME, ALL OF THE NEWS STATIONS, EVERYONE THAT'S GOING TO SEND ME AN EMAIL, YOU HEARD.
WE'RE NOT CHANGING ANY LANGUAGE IN THE ORDINANCE.
WE DON'T HAVE THE RIGHT TO DO ANYTHING TO THE ORDINANCE.
THE ORDINANCE IS AND WILL STAND ALONE FOR YOU TO JUDGE IT FOR YOURSELF, TO VOTE FOR IT OR AGAINST IT ON NOVEMBER 5TH.
WE ARE ONLY SUMMARIZING THE BALLOT LANGUAGE AS IT READS IN A PARAGRAPH OF A FEW SENTENCES FOR YOU AT YOUR POLLING PLACE.
COUNCILMAN SCHERLEN, IF IT WERE TO SAY UNLAWFUL INSTEAD OF CRIMINAL, THERE'S ONLY ONE CRIMINAL THAT I SAW RIGHT THERE ESTABLISHING A CRIMINAL DEFENSE.
DO I HAVE ANY OTHER AREAS IN THAT PARAGRAPH WHERE IT SAYS CRIMINAL?
>> I BELIEVE THERE WAS ONLY ONE PLACE, MAYOR.
>> IF IT SAYS DECLARED CONTRABAND, WOULD WE STILL SAY, BRIAN, ESTABLISHING AN UNLAWFUL OFFENSE FOR ANY PERSON, OR WOULD WE CHANGE THE WORD?
>> WHAT I WOULD SUGGEST DOING IS JUST STRIKE ESTABLISHING A CRIMINAL OFFENSE AND CHANGE IT TO SAY, WHEN YOU FIND THE WORD CONTRABAND IN YOUR PROPOSITION LANGUAGE, SAY, AND IT SHALL BE UNLAWFUL.
>> COUNCIL, HERE'S WHAT YOU'VE DONE.
YOU'VE DONE EVERYTHING PROCEDURALLY CORRECT UP UNTIL THIS POINT.
THIS IS A PROCEDURAL MEASURE FOR US.
AFTER WE FINISH THIS DISCUSSION, YOU COULD PUT THIS UP FOR A VOTE AND WE CAN STILL PUT THIS IN THE REAR VIEW MIRROR HERE FOR THIS COUNCIL BECAUSE THIS IS PROCEDURAL.
THIS IS NOT FOR OR AGAINST, THIS IS NOT AN ADVOCACY FOR OR TO STAND ON A POSITION.
WE HAVE A JOB TO DO HERE JUST TO SUMMARIZE ACCURATELY AND SUCCINCTLY WHAT THE 18-PAGE DOCUMENT SAYS.
IF WE PUT THAT IN, WE COULD MAKE THAT CHANGE AS MOTIONED OR AS AMENDED AND WE CAN STILL GET DONE WHAT WE NEED TO HERE TODAY.
COUNCILMAN SCHERLEN, I WOULD ASK FOR YOU AGAIN, WHAT WOULD BE YOUR TAKE IF WE DID WHAT MR. MCWILLIAM IS SAYING.
>> I AGREE WITH RYAN'S ASSESSMENT.
I THINK AS LONG AS WE'RE STATING THERE BECAUSE THAT WORD IS USED MULTIPLE TIMES, AND I THINK THAT PEOPLE NEED TO BE AWARE THAT THAT IS IN THERE.
I THINK WE COULD TAKE THE WORD CRIMINAL OUT.
>> COUNCILMAN CRAFT, BACK OVER TO YOU?
>> I STOLE SOME QUESTIONS OUT TO HIDE ON SOME STUFF.
AS FAR AS WHERE I'M AT ON IT, THE QUESTION IS, IS IF WE HAVE TO HAVE WHAT'S GOING TO BE AMENDED IN THE CITY CODE.
ACTUALLY, WHAT'S GOING TO BE ON THE BALLOT LANGUAGE VERSUS THE FINDINGS AND EVERYTHING INSIDE THAT ORDINANCE BECAUSE ULTIMATELY, I UNDERSTAND THE ORDINANCE IS WHAT'S GOING TO AFFECT LAW, BUT I THINK IT'S IMPORTANT THAT OUR CITIZENS KNOW WHAT LAW CHANGES INSIDE THE ORDINANCE ARE ACTUALLY ON THE BALLOT LANGUAGE, IF THAT MAKES SENSE.
NOW, I UNDERSTAND WHERE YOU'RE COMING FROM.
STEPHANIE, WHEN'S THE FINAL DEADLINE TO CALL THIS?
>> LET'S JUST TALK THROUGH A SCENARIO HERE.
WE WOULD CALL A SPECIAL MEETING AND WE WOULD HAVE THIS ONE ACTION ITEM ON A SPECIAL MEETING.
ASSUMING THAT WE COULD NOT MOVE FORWARD WITH THIS BEING VETTED FOUR TIMES THROUGH BOTH ATTORNEYS.
YOUR CONCERN IS THAT THERE WOULD BE SOMETHING THAT WOULD CHANGE AS AN AMENDMENT TO AN ORDINANCE IN OUR LOCAL GOVERNANCE CODE.
>> WHEN IT TALKS ABOUT IN THE ORDINANCE ITSELF, AMENDING 8-6, ADOPTING ABORTION, MY CONCERN IS ON THE BALLOT LANGUAGE.
IF THE FINDINGS HAVE TO BE IN THE PROPOSITION LANGUAGE, OR DOES IT JUST NEED TO BE THE ACTUAL AMENDED CODE PIECES?
>> LET'S MAKE SURE WE'RE SAYING THIS VERY CLEARLY
[01:05:02]
BECAUSE A LOT OF TIME IN LEGAL EASE, IT GETS CONFUSING.ARE YOU STATING THAT YOU FEEL LIKE THIS AS PRESENTED IS SAYING TOO MUCH, OR YOU'RE SAYING THAT THIS IS PRESENTED AS SAYING TOO LITTLE.
YOU WANT IT TO INCLUDE FINDINGS OR YOU WANT IT TO EXCLUDE FINDINGS?
>> WELL, I WOULD LEAN MORE TOWARDS HAVING WHAT'S ACTUALLY GOING TO BE AMENDED IN THE CODE IN THE BALLOT LANGUAGE VERSUS SWAPPING THE FINDINGS OUT FOR THE ACTUAL CODE CHANGES.
BECAUSE IT'S GOT IT ALL MIXED IN THERE, THE FINDINGS AND THE ACTUAL ORDINANCE LANGUAGE THAT GOES IN EFFECT.
>> IF THERE'S ONE THING I KNOW ABOUT COUNCILMAN CRAFT IS, MAN, HE'S SHARP, AND HE ALWAYS MAKES A GOOD POINT.
I WANT TO MAKE SURE I'M NOT MISSING SOMETHING.
IF I'M LOOKING AT THE MEASURE, ONCE AGAIN, THAT IS NOT BEING PRESENTED FOR YOU AT YOUR VOTING STATION.
BUT IT DOES OUTLINE SOME THINGS.
IT DECLARES THIS, IT PROVIDES FOR THIS, IT HAS A SEVERABILITY.
THEN I GO TO THE PROPOSITION LANGUAGE.
DO YOU MIND TAKING US THROUGH PROPOSITION A AND TELLING ME IF THERE'S ANYTHING IN THERE THAT YOU WOULD LIKE EXCLUDED, OR IF THERE'S SOMETHING IN ADDITION TO THAT, WE WOULD NEED TO ADD?
>> I'LL JUST BE FRANK. THE DECLARATIONS, THAT'S NOT WHAT'S GOING TO BE LAW IN AMARILLO.
WHAT'S GOING TO BE LAW IN AMARILLO IS CHAPTER 8-6 UNDER SECTION C INSIDE THE SANCTUARY CITY ORDINANCE OF AMENDMENTS TO CITY CODE.
MY QUESTION TO GEORGE HYDE IS THAT IT IS IS WHY ARE WE NOT JUST DOING 8-6 ABORTION ON THE BALLOT LANGUAGE INSTEAD OF THE FINDINGS AND EVERYTHING ELSE.
>> YOU WOULD ACTUALLY HAVE IT SAY LESS ON THIS PROPOSITION A LANGUAGE?
>> WELL, I CAN'T GIVE YOU AN ANSWER BECAUSE I DON'T HAVE AN ANSWER FROM HYDE.
>> RIGHT. I UNDERSTAND. BRIAN, WOULD YOU WEIGH IN ON YOUR SIDE BECAUSE I KNOW YOU'VE DISCUSSED IT WITH MR. HYDE SEVERAL TIMES.
BASED ON THAT CONCERN, CAN YOU PUT US BACK IN A BOX OF PARAMETERS OF HOW MUCH LATITUDE WE HAVE, AND THEN WHAT WE HAVE TO FULFILL AND WHAT WE SHOULD BE CONCERNED WITH?
>> FOR PROPER LANGUAGE, FIRST OF ALL, THIS IS A LEGISLATIVE SITUATION HERE.
YOU HAVE LOTS OF AUTHORITY, BROAD AUTHORITY TO DRAW BALLOT LANGUAGE.
UNDER CHAPTER 52 THE ELECTION CODE, IT HAS TO BE DEFINITE ENOUGH THAT THE VOTERS KNOW WHAT THEY'RE VOTING ON.
WHAT YOU HAVE BEFORE YOU IS PRESENTED IN SUCH A WAY AS TO PRESCRIBE THE BALLOT LANGUAGE FROM THE DECLARATIONS AND FROM THE VARIOUS SECTIONS SO THAT A VOTER KNOWS WHAT THEY'RE VOTING ON.
WITH THE UNDERSTANDING THAT THE PETITION ITSELF WILL BE AVAILABLE TO ANY VOTER TO READ THE FULL PORTIONS THEREOF.
TYPICALLY, WHEN YOU HAVE BALLOT LANGUAGE FOR AN INITIATIVE AROUND THE STATE, THE INITIATIVE IS JUST DESCRIBED IN ITS GENERAL TERMS RELATED TO DECLARATIONS AND SECTIONS.
IT MAY NOT MENTION THE SECTION NUMBERS THEMSELVES BECAUSE IF IT PASSES, WHATEVER THE INITIATIVE IS, COUNSEL WILL PLACE THAT WHERE IT NEEDS TO BE WITH THAT LANGUAGE.
THE PROPOSITION LANGUAGE IS MEANT MORE TO DESCRIBE THE TERMS THEMSELVES RATHER THAN THE CODE SECTIONS.
BUT THAT'S TYPICALLY THE INTENT OF THE PROPOSITION ITSELF.
DOES THAT ANSWER YOUR QUESTION?
>> YEAH. IF THIS THING ENDS UP NEED TO BE LONGER THAN I UNDERSTAND, I JUST WANT THE CITIZENS TO HAVE A CLEAR ACCURATE PICTURE AND DESCRIPTION OF WHAT THEY'RE VOTING ON.
LIKE I SAID, IF THEY DON'T WANT TO BE A SPECIAL MEETING TO CALL THIS THING, I WOULD PREFER TO WAIT TO GET FEEDBACK FROM MY COUNSEL ON THIS ONE BUT.
>> I THINK WE'VE TALKED ABOUT THIS MULTIPLE TIMES.
WE'VE BEEN THROUGH IT MULTIPLE TIMES AND WE CAN GO THROUGH IT 200 MORE TIMES BEFORE NOVEMBER 5TH COMES, AND WE'RE NEVER GOING TO HAVE A GOOD CONCRETE ANSWER.
I THINK AT SOME POINT WE GOT TO MAKE A DECISION STAND WITH IT.
WE CAN'T GO TO EVERY MEETING AND CHANGE, AND THAT'S WHAT WE KEEP DOING.
>> LET ME WEIGH IN REAL QUICK.
IN THE WAY IN WHICH YOU DON'T KNOW, YOU'RE ASSESSING RISK.
WHAT WE DON'T KNOW IS WE DON'T KNOW IF THIS WILL PASS OR FAIL, AND THEN WE DON'T KNOW IF THIS WILL BE CHALLENGED.
[01:10:02]
THEN IF IT IS CHALLENGED, WE DON'T KNOW WHAT A JUDGE WOULD RULE AND SO WE HAVE A LITTLE LATITUDE HERE TO ASSESS A LITTLE BIT OF RISK AND LET ME TELL YOU WHERE MY POSITION IS ON THIS.I FIND THE RISK TO BE GREATER ON SAYING TOO LITTLE THEN SAYING TOO MUCH.
I WOULD THINK IF I SAID, WELL, I DON'T LIKE WHERE IT SAYS DECLARING THIS AND DECLARING THAT AND SO I ONLY WANTED TO SPEAK TO EXACTLY WHAT IT ESTABLISHED.
IT ESTABLISHED AN UNLAWFUL ACT OR WHATEVER.
I DON'T FIND IT MORE LIKELY THAT A JUDGE WOULD SAY THAT THIS COUNCIL ACTED INAPPROPRIATELY BECAUSE YOU PUT TOO MUCH LANGUAGE IN THAT'S DIRECTLY OFF OF THE 18 PAGE ORDINANCE.
NOW, I THINK IF WE WERE TO SAY THINGS OR TO LEAD THE PUBLIC IN A DIRECTION THAT DOESN'T COME DIRECTLY OFF OF THE ORDINANCE, THEN I THINK WE'RE IN HARM'S WAY AND WE'RE TAKING RISK UPON OURSELVES AND LIKELY WOULD BE BROUGHT BACK TO THE STARTING LINE.
HOWEVER, I THINK IN PUTTING IN THE DECLARATIONS AS MADE BY THE LAWYER WHO DRAFTED THE ORDINANCE, I FIND VERY, VERY LITTLE RISK IN THAT AS OPPOSED TO LEAVING THEM OFF JUST TO MAYBE MAKE THIS MORE CLEAR AND EASIER TO FIND.
TO MUCH LANGUAGE IN HERE FOR ME SEEMS LIKE LESSER RISK THAN ERRING ON THE SIDE OF MAKING IT TOO SUMMARIZED.
LET ME ASK YOU, COUNCIL MCCRAF, BECAUSE I'M NOT TRYING TO RUSH YOU.
I FEEL LIKE I'M HERE EVERY DAY, I'M NOT, BUT I CAN MAKE A MEETING AND SO IF WE NEED TO HAVE ANOTHER MEETING, I'M NOT TELLING YOU THAT OPTIONS OFF THE TABLE, BUT WHAT I AM GOING TO TELL YOU IS, THERE IS NO UNANIMOUS DECISION.
THERE'S NO LANGUAGE HERE THAT'S GOING TO GET EVERYBODY IN THE ROOM TO WHERE THEY FEEL LIKE THIS 18.5 PAGE DIFFICULT, COMPLEX DOCUMENT HAS BEEN SUCCINCTLY SUMMARIZED.
>> CAN I SWAY YOU IN FEELING LESS RISK BY LEAVING THIS AS IT'S BEEN TYPED UP BY OUR ATTORNEY.
IT'S BEEN VETTED FOUR TIMES BY MR. HYDE.
HE'S BEEN GIVEN FOUR OPPORTUNITIES TO CHANGE THE LANGUAGE IN IT AND HE HAS NOT.
HE'S COMFORTABLE WITH CRIMINAL.
WE'RE NOW WALKING THAT BACK TO UNLAWFUL PER OUR CITY ATTORNEY, AND OUR CITY ATTORNEY IS TELLING YOU THAT YOU ARE GOOD TO PROCEED BECAUSE THIS IS A LEGISLATION PIECE THAT YOU HAVE A LOT OF LATITUDE ON?
>> LIKE I STATED, SIR, IT'S GOING TO BE I KNOW WHERE MY COMFORT LEVEL WOULD BE AS AN INDIVIDUAL COUNCIL MEMBER.
I'M NOT THERE WITH THIS PIECE.
>> LET ME COME BACK TO YOU THEN.
COUNSEL, DO YOU HAVE ANYONE ELSE THAT HAS CONCERNS WITH THIS STATEMENT.
>> BRIAN, ANY EXAMPLES IN THE STATE OF TEXAS WHERE BALLOT LANGUAGE THERE'S BEEN A CASE MADE AGAINST IT OR EXAMPLES OF IT.
I DON'T KNOW THAT I WOULD SAY IT'S COMMON, BUT IT DOES HAPPEN.
BUT TYPICALLY IN THOSE CASES, THE COURT WILL ANALYZE IT JUST LIKE YOU HAVE BEEN ADVISED AS YOU HAVE BROAD LATITUDE, BUT WITH THE UNDERSTANDING IT HAS TO BE DEFINITE AND EXACT ENOUGH TO PUT BEFORE THE VOTERS EXACTLY WHAT THE MEASURE IS.
TYPICALLY IN THE SITUATIONS IN WHICH VIOLENT LANGUAGE HAS BEEN OVERTURNED, IT LEFT OUT A MATERIAL PORTION, SOMETHING THAT WAS MATERIAL TO THE ORDINANCE ITSELF.
I'VE NEVER SEEN ONE WHERE LIKE A CODE SECTION OR SOMETHING LIKE THAT WAS MATERIAL.
IT USUALLY HAD TO DO WITH AN ELEMENT OF EITHER AN OFFENSE OR IF IT WAS A REVENUE THING, WHERE THE REVENUE WAS COMING FROM OR WHO WAS PAINTED OR SOMETHING OF THAT SORT.
THAT'S TYPICALLY WHAT YOU SEE IF THE LANGUAGE IS OVERTURNED.
BUT TYPICALLY, THE COURTS WILL ALWAYS GIVE SOME DIFFERENCE TO THE LEGISLATIVE PROCESS WITH THE UNDERSTANDING THAT IT'S YOUR BALLOT LANGUAGE, AND IF YOU'VE DESCRIBED IT AND IT'S REASONABLE, THEN THEY WILL USUALLY GO WITH YOU.
>> I JUST WANT TO GO BACK ONE SECOND, STEPHANIE, OR WHOEVER MOVED.
BACK ON THE CRIMINAL OFFENSE PIECE, THAT CHANGE TO UNLAWFUL, THAT WOULD ADDRESS THAT, CORRECT? THAT ISSUE?
>> I BELIEVE SO. IT WOULD SAY DECLARED CONTRABAND AND UNLAWFUL FOR ANY PERSON AND UNLAWFUL.
YOU WOULD REMOVE ESTABLISHING A CRIMINAL OFFENSE AND YOU WOULD JUST
[01:15:03]
SAY AND UNLAWFUL FOR ANY PERSON TO MANUFACTURE POSSESS, ETC.>> AND AND IT SHALL BE UNLAWFUL.
>> COUNCILMAN TIPPS, DID YOU HAVE SOMETHING ELSE?
>> NO. I JUST WANT TO MAKE A STATEMENT BECAUSE I THINK WE GET I'M GUESSING THAT WE'RE GETTING ALL THESE EMAILS THAT THE PUSHBACK ON THE LANGUAGE AND WHAT'S IN THERE AND HOPEFULLY PEOPLE UNDERSTAND, THIS IS NOT OUR CHOICE.
THIS IS NOT SOMETHING THAT WE FIVE HAVE PUT TOGETHER.
IT IS STRAIGHT OUT OF THE ORDINANCE.
IS THERE LANGUAGE THAT WE DON'T CARE FOR? YEAH, THERE IS.
IT WAS THE INITIATING COMMITTEE THAT PUT THIS FORTH.
I SAY, THE ATTORNEYS ARE PULLING FROM THAT TO RESTATE IT.
MAY I KEEP SAYING TAKE AN 18 PAGE DOCUMENT, RESTATE IT IN A PARAGRAPH, BUT IT CAN'T BE LANGUAGE THAT WE LIKE, OR IT CAN'T BE LANGUAGE THAT WE MAKE UP OR WE THINK IT SOUNDS BETTER OR WHATEVER WE CAN'T DO THAT.
IT'S NOT LIKE WE CAN STRIKE THINGS THAT ARE IN THERE AND REPLACE IT WITH SOMETHING ELSE THAT SOUNDS BETTER OR MAYBE NOT AS OFFENSIVE TO SOME OR ANYTHING LIKE THAT.
IT'S COMING STRAIGHT OUT OF THE ORDINANCE.
I JUST WANT TO MAKE THAT STATEMENT, SO EVERYBODY UNDERSTAND IT'S NOT SOMETHING THAT WE'RE COMING UP WITH THAT WE THINK MAKES BOTH SIDES HAPPY.
IT IS JUST STRAIGHT OUT OF THE ORDINANCE. IT'S REALLY DIFFICULT.
UNDERSTAND THE INITIATING COMMITTEE HAS THE POWER HERE, THAT THIS IS THEIR ORDINANCE THAT THEY PUT FORTH.
THEN THE ATTORNEYS HAVE TO PUT TOGETHER AND SUMMARIZE IT AS BEST AS POSSIBLE.
JUST SO YOU KNOW, THESE AREN'T WORDS THAT WE CHOSE, THIS AIN'T THE VERBIAGE WE CHOSE, IT IS STRAIGHT OUT OF THE ORDINANCE SO I JUST WANT TO MAKE THAT CLEAR.
I DON'T THINK WE CAN SAY IT TOO MANY TIMES HONESTLY BECAUSE IT'S A UNIQUE PROCESS.
THIS IS THE HARDEST LEGISLATION THAT FACES OUR NATION RIGHT NOW, AND WE'RE BEING ASKED TO DEAL WITH THIS AT THE LOCAL LEVEL WITH LIMITED EXPERIENCE.
I WOULD ALSO STATE THAT WE'RE NOT IN THE POSITION TO GIVE THE PUBLIC THE POTENTIAL OF THIS ORDINANCE, IF PASSED.
WELL, IT COULD IF PASSED, DO THIS, OR A JUDGE COULD RULE IF PASSED AND DO THIS.
WE'RE ALSO NOT IN THE POSITION OF GIVING WARNINGS.
OF WELL, IT COULD ALSO DO THIS OVER HERE, OR IT COULD BE INTERPRETED THAT WAY.
WE ARE NOT IN THE POSITION WHERE WE HAVE THE RIGHT TO DO THAT.
THE PETITIONERS HAVE BROUGHT IT.
WE GET TO EXTRAPOLATE OUT OF THAT THROUGH OUR ATTORNEYS, AND WE GET TO PUT A SUCCINCT AND ACCURATE PARAGRAPH IN FRONT OF YOU.
THEN WE GET TO ADVOCATE, PLEASE READ THE ORDINANCE.
IF FOR ANY REASON, JUST SAY YOU READ IT BEFORE YOU CALL ME.
BECAUSE TO SAY, NO, I HADN'T READ IT, BUT I HEARD, YOU KNOW WHAT I HEARD IT SAID, WELL, HAVE YOU READ IT? NO. PLEASE READ THE FULL 18 PAGE ORDINANCE, AND THEN YOU CALL ME AND TELL ME IF YOU UNDERSTAND WHAT IT SAYS.
THEN WE'LL TALK ABOUT WHAT IT COULD DO.
WE CANNOT HELP AT THIS POINT IN ANY OTHER WAY OTHER THAN ENCOURAGING YOU TO EDUCATE YOURSELF WITH THE EXPERTS THAT ARE AROUND YOU.
WE'VE SPENT HUNDREDS OF HOURS LISTENING TO EXPERTS, TESTIMONIALS, THEIR EXPERTS IN THEIR OWN TESTIMONY, I PROMISE YOU, DOCTORS, LAWYERS, INTELLIGENT INDIVIDUALS THAT WORK IN DIFFERENT EXPERTISE.
PLEASE READ IT FOR YOURSELF, AND THEN GO TO THE POLL AND VOTE ON A VERY, VERY IMPORTANT ISSUE AND VOTE WHAT YOU THINK IS RIGHT.
I WOULD LEAVE IT AT THAT. I WOULD ASK IF COUNCIL IS COMFORTABLE MOVING FORWARD WITH THIS ITEM OR IF WE WANT TO DISCUSS AND CONSIDER A SPECIAL MEETING.
>> I WOULD MAKE A MOTION WE EXCEPT WITH THE CHANGES THAT WE PUT FORTH TODAY AS THE RESOLUTION OF 8-13-24-2.
>> I HAVE A MOTION. I'M GOING TO ASK CITY ATTORNEY, DO YOU NEED AND IT SHALL BE UNLAWFUL, OR ARE YOU GOOD WITH THE MOTION AS STATED?
>> YEAH. I WOULD SAY THAT IN THE MOTION.
>> LET ME ASK YOU, COUNCILMAN, WILL YOU REVISE YOUR MOTION AND JUST SAY TO BE AMENDED TO STATE, AND IT SHALL BE UNLAWFUL IN PLACE OF ESTABLISHING A CRIMINAL.
>> PROPOSITION TO BE AMENDED TO STATE SHALL BE UNLAWFUL.
>> STRIKING ESTABLISHING A CRIMINAL OFFENSE.
STRIKING, ESTABLISHING A CRIMINAL OFFENSE.
[01:20:02]
>> IF I MAY, IF YOU AGREE WITH WHAT THE MAYOR SAYING, JUST SAY MOVE AS STATED.
>> ONE HUNDRED PERCENT, THAT'S THE MOTION.
>> MISS CITY SECRETARY, DO YOU HAVE MY STATED MOTION?
>> YES. MR. SHERLN HAS MOVED THAT THIS WOULD BE ADOPTED WITH THE TERM ESTABLISHING A CRIMINAL OFFENSE STRUCK IN THE WORDS, AND IT SHALL BE UNLAWFUL ADDED.
>> I HAVE A SECOND. ANY FURTHER DISCUSSION ON THIS GUY? ALL IN FAVOR, PLEASE SAY, AYE.
WE ARE GOING TO GO AHEAD AND TAKE A 10 MINUTE RECESS, WHICH REALLY MEANS 15 MINUTES SO WE'LL SEE YOU BACK HERE SHORTLY.
CALL US BACK TO ORDER AND INTO SESSION.
WE HAVE SUCCESSFULLY COMPLETED OUR CONSENT AGENDA.
WE'RE GOING TO MOVE INTO OUR NON CONSENT.
[10.A. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 8145 ]
WE GOT SEVERAL ITEMS HERE.MR. BRADY KENDRICK IS ALWAYS RIGHT ON POINT, SO I'M GOING TO ASK HIM TO COME UP HERE AND TAKE US INTO THIS PUBLIC HEARING.
LOOKS LIKE WE GOT SOME REZONING.
>> PARTICIPANTS ARE WAITING IN THE LOBBY.
TO ADMIT ALL PARTICIPANTS IN THE LOBBY, PRESS, STAR, 2, 1.
>> WE GOT PEOPLE IN LOBBIES FULL.
>> JUST REAL QUICK POINT OF ORDER.
WE HAVE BAKER TILLY ON VIRTUALLY FOR ITEM 10E, THE CHARTER AMENDMENT OF ELECTION.
>> CAN TURN OUR BACK OFF FOR NOW?
DENNIS, IF YOU CAN HEAR US, WE ARE NOT QUITE TO YOUR ITEM YET, BUT WE WILL BE WITH YOU SOON.
WE'RE ON 10A AT THE MOMENT. THANK YOU.
>> YES. GOOD AFTERNOON, AMARILLO COUNCIL, SO ITEM 10A IS A PUBLIC HEARING AND FIRST READING OF ORDINANCE 81-45.
THIS IS A PUBLIC HEARING AND FIRST READING AND CONSIDER AN ORDINANCE REZONING, LOT 10, BLOCK 9, LAWRENCE PARK ADDITION, UNIT NUMBER FOUR.
THIS IS LOCATED IN THE VICINITY OF SOUTHWEST 27TH IN SOUTH KENTUCKY AND THE APPLICANT IS BWB, REAL ESTATE HOLDINGS, LLC, AND THEY ARE PROPOSING THE REZONE FROM OFFICE DISTRICT 2 WITH SPECIFIC USE PERMIT 196 TO NEIGHBORHOOD SERVICE DISTRICT.
THEY ARE REQUESTING THIS CHANGE IN ORDER TO ALLOW A WIDE RANGE OF ALLOWABLE USES IN THE MULTI TENANT BUILDING THEY OWN.
>> THEY HAVE A TENANT THAT WANTS TO MOVE INTO THE BUILDING, THAT'S A TATTOO PARLOR AND THAT WOULD NOT BE ALLOWED UNDER THE CURRENT ZONING DISTRICT.
THIS CHANGE IS TO HELP FACILITATE THAT AND ALSO ALLOW OTHER USES THAT WOULD BE BENEFICIAL TO THE NEIGHBORHOOD.
THE PLANNING AND ZONING COMMISSION FOUND, EXCUSE ME, THAT THE REQUEST WOULD BE WOULD MEET THE CITY PLANS FUTURE LAND USE MAP AND THE PLACE TYPES FOR THE AREA.
WE DID SEND PUBLIC NOTICES ON THIS ONE AND WE HAVE NOT RECEIVED ANY COMMENTS AS OF THIS MEETING TODAY AND WE ARE RECOMMENDING APPROVAL THE PLANNING AND ZONING COMMISSION IS RECOMMENDING APPROVAL AS PRESENTED ON THIS ITEM TODAY WITH A SIX ZERO VOTE.
>> ITEM 10A. MR. KENDRICK, THANK YOU.
COUNCIL, YOU HAVE ANY QUESTIONS FOR HIM?
>> THIS IS A PUBLIC HEARING, SO I'LL NOW OPEN A PUBLIC HEARING.
DO I HAVE ANYONE HERE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NO ONE, WE'LL CLOSE THE PUBLIC HEARING, AND I'LL TURN IT BACK OVER TO COUNCIL.
>> I MOVE TO ADOPT ORDINANCE 8145.
>> I HAVE A MOTION AND A SECOND FROM COUNCIL PLACE 3.
ANY FURTHER DISCUSSION ON THIS? ALL IN FAVOR, PLEASE SAY AYE.
>> ANY OPPOSED. MOTION PASSES.
[10.B. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 8146 ]
>> 10B IS A PUBLIC HEARING AND FIRST READING OF ORDINANCE 8146, AND THIS IS THE REZONING OF A 7.15-ACRE TRACT OF UNPLOTTED LAND AND A 3.94-ACRE TRACT OF UNPLOTTED LAND.
BOTH OF THESE ARE LOCATED IN RANDALL COUNTY, TEXAS, IN SECTION 3 BLOCK 9 BSNF SURVEY IN THE VICINITY OF BELL STREET AND ATTERBURY DRIVE, AND THEY ARE REQUESTING A CHANGE IN ZONING FROM AGRICULTURAL DISTRICT, THE GENERAL RETAIL DISTRICT.
NOW THIS IS TO REZONE A PORTION ON THE EDGE OF THE PINNACLE SUBDIVISION FOR A FUTURE MIXED-USE AREA THAT WAS PART OF THE APPROVED PRELIMINARY PLAN AND MASTER PLAN FOR THE PINNACLE.
THE DEVELOPER IS NOW AT A POINT WHERE HE'S READY TO START DEVELOPING SOME OF THOSE TRACKS ON THE PERIPHERY OF THE SUBDIVISION AND IS THE REASON FOR THE REQUEST.
[01:25:02]
THIS ITEM WAS FOUND TO CONFORM WITH THE CITY PLANS PLACE TYPE CATEGORY FOR THE TRACT AND ALSO THE COMPLETE NEIGHBORHOOD SCENARIO IN CITY PLAN.WE DID SEND NOTICES ON THIS ONE AS REQUIRED BY STATE LAW.
INITIALLY, THE CALLER HAD SOME CONCERNS ABOUT THE REQUEST.
THAT CALLER ACTUALLY ON HIS OWN, REACH OUT TO THE DEVELOPER, THAT IS THE APPLICANT ON THIS ITEM.
AFTER HAVING A CONVERSATION WITH HIM AND SPEAKING WITH HIM AGAIN, HE DID NOT HAVE ANY FURTHER CONCERNS AFTER SPEAKING TO THE DEVELOPER WITH THE REQUEST TO REZONE THE GR.
AS OF THIS MEETING, THAT WAS OUR ONLY COMMENT ON THIS ITEM.
THE PLANNING AND ZONING COMMISSION ALSO RECOMMENDED APPROVAL OF THIS ITEM WITH A 60-0 VOTE.
>> THANK YOU, MR. KENDRICK. DO YOU HAVE ANY QUESTIONS FROM COUNCIL FOR BRADY?
WE'LL GO AHEAD AND OPEN A PUBLIC HEARING.
DO I HAVE ANYONE HERE? I'D LIKE TO SPEAK FOR OR AGAINST THIS ITEM.
WE'LL CLOSE A PUBLIC HEARING AND ASK COUNCIL FOR A MOTION.
>> I'LL MAKE A MOTION [INAUDIBLE] 8146.
>> MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE.
>> ANY OPPOSED. MOTION PASSES.
[10.C. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 08-13-24-3 ]
BRADY IS THIS YOU OR IS THIS CARRIE ROBERTS?>> MS. CARRIE, IF YOU'LL COME FORWARD, WE HAVE A PUBLIC HEARING FOR A FUTURE PID.
>> YES. THANK YOU, MAYOR AND COUNCILMEN.
I AM BEFORE YOU TODAY TO PRESENT OUR NEWEST AND 11TH PID, OF COURSE, WITH YOUR APPROVAL, ESTANCIA.
ESTANCIA IS LOCATED NORTHWEST OF THE CITY OFF TASCOSA ROAD.
I HAVE DRIVEN THROUGH THE AREA ON DIFFERENT OCCASIONS AND HAVE WITNESSED ITS BEAUTY.
I HAVE ENJOYED WORKING WITH AND MEETING THE INVESTORS OF ESTANCIA, AND WORKING VERY CLOSELY WITH THEM TO COMPLETE THE PETITION PROCESS AND PRESENT ESTANCIA TO YOU TODAY.
WITH THAT BEING SAID, WITH YOUR PERMISSION, I WOULD LIKE TO INTRODUCE TO YOU, MR. DAVID ELIZALDE, ONE OF THE INVESTORS OF ESTANCIA. THANK YOU.
>> THANK YOU. DID YOU SAY YOU HAD THE DISTINGUISHED PLATINUM RECORDING ARTIST PITBULL COMING FORWARD?
>> OR WHAT'S HIS NAME, DAVID ELIZALDE? MR. BULL, PLEASE COME FORWARD. STATE YOUR NAME.
>> YES, SIR. DAVID ELIZALDE,13680 ROAD RUNNER, AMARILLO, TEXAS.
THANK YOU MAYOR STANLEY, AND THANK YOU COUNCILMEN FOR HAVING US HAVE THE OPPORTUNITY TO REPRESENT ESTANCIA STATE TO PUT IT FORWARD FOR THE PID.
CAN I PLEASE HAVE EVERYBODY THAT REPRESENTS ESTANCIA STATE? STAND UP, PLEASE. PERFECT. THANK YOU.
WE HAVE A VIDEO HERE, SO I'LL START IN JUST A SECOND.
THANK YOU FOR YOUR TIME AS WE PRESENT THE FOLLOWING DETAILS REGARDING OUR PETITION REQUESTING THE ESTABLISHMENT OF THE PID FOR ESTANCIA STATE, LLC.
>> I'M NOT SURE IF YOU'RE TUNED IN.
>> GOOD AFTERNOON MAYOR STANLEY AND CITY COUNCIL MEMBERS.
THE ESTANCIA RESIDENTIAL AND COMMERCIAL PROPERTY WAS RESTRUCTURED, AND MYSELF, ALONG WITH SIX OTHER LOCAL INVESTORS, PURCHASED THE DEVELOPMENT FROM MR. JIM MORGAN.
THIS WAS FINALIZED IN FEBRUARY OF THIS YEAR.
WE WANT TO GIVE SPECIAL THANKS TO THE CITY OF AMARILLO, CARRIE, ROBERTS, AND LESLIE SCHMITT, FOR ALL THE WORK THEY DID TO HELP US WITH THIS PID APPLICATION.
ALSO, BILD HODA AND HIS STAFF WITH BRENDA.
THIS IS A BEAUTIFUL PIECE OF PROPERTY IN THE NORTHWEST CORNER OF AMARILLO.
AS PER CITY ENGINEERS, WE HAVE A RETENTION PALM THAT TAKES WATER RUNOFF FROM THE DEVELOPMENTS OF QUELL CREEK, THE RIM, WESTCLIFF, AND TASCOSA ROAD.
THIS IS A MAIN REASON FOR THIS PID APPLICATION AND TO HELP DEVELOP A LAKE FEATURE THAT WILL ENHANCE THIS AREA WITHIN THE CITY LIMITS.
WE ALL APPRECIATE YOUR TIME AND CONSIDERATION REGARDING THIS MATTER.
I APOLOGIZE FOR MY ABSENCE, BUT I AM OUT OF THE COUNTRY.
I WILL NOW HAND THIS OVER TO OUR PARTNERS, CARRIE, LESLIE, AND TOMMY NIELSON, WHO ALSO HELPS MANAGE THIS PROPERTY. THANKS AGAIN.
>> WHY ESTANCIA STATE IS IMPORTANT TO AMARILLO.
NEWEST, MOST UNIQUE MASTER PLAN COMMUNITY WITHIN CITY LIMITS.
ALL RESIDENT AND COMMERCIAL LOTS HAVE A BEAUTIFUL VIEW OF OUR NATURAL LANDSCAPE.
DAILY, VISITORS DRIVE THROUGH THE NEIGHBORHOOD.
MOST EVENINGS, CARS PARKED ON THE EDGE OF THE PROPERTY TO WATCH THE SUNSET.
TRULY FEELS LIKE YOU ARE IN THE COUNTRY.
[01:30:01]
AMENITIES. CITY UTILITIES AND SERVICE, AMARILLO ISD, AMARILLO HOSPITAL DISTRICT PROXIMITY, GORGEOUS STREETS, LAKE AND PARK AREA WITH THREE WATERFALLS, TWO EXISTING WATER WELLS SUPPORTING IRRIGATION AND LAKE LEVELS, OVERSIZED LOTS THAT VARY TO SUIT BUYERS' NEEDS.MOWING, EDGING, TRIMMING, AND APPLICATION OF HERBICIDES AS REQUIRED, LAND SKATE ARCHITECTURAL.
MAINTENANCE. SEASONAL PLANTING, ANNUAL FOR SPRING AND FALL, COMPREHENSIVE TREE CARE, FERTILIZATION, PRUNING, AND INSECT DISEASE CONTROL.
MAINTENANCE OF THE CAPITAL IMPROVEMENTS.
SUPPLIES WATER AND ELECTRICITY AS NEEDED.
IRRIGATION MAINTENANCE, AND WATERING SCHEDULES.
SPECIAL FENCING, MAINTENANCE, AND REPAIR IN AND ALONG ENTRYWAYS, PARKS, AND OPEN SPACES.
>> ANY QUESTIONS FOR MR. ELIZALDE?
>> WE APPRECIATE THE PRESENTATION.
>> CARRIE, DO YOU HAVE ANYTHING ELSE YOU NEED? DO WE HAVE ANY QUESTIONS FOR CARRIE OR STAFF OR HER TEAM ON THIS ONE? I THINK THIS COUNCIL SEES THE BENEFIT OF THESE PIDS AND HOW THAT WORKS WELL.
THEN, I THINK OUR STAFF HAS DONE A REALLY GOOD JOB OF FINE-TUNING THE WAY IN WHICH WE WORK WITH THOSE PIDS AND THOSE BOARD MEMBERS.
I THINK WE'VE SEEN SOME IMPROVEMENT OVER THE LAST COUPLE OF YEARS AND WORKING OUT THE KINKS.
WE ALL KNOW WE NEED HOUSING AND WE HOPE THAT THIS WILL BE IN THAT MARKET THAT EVERYBODY'S LOOKING FOR ON THE NORTH SIDE OF TOWN AISD.
WITH NOTHING FURTHER, WE WOULD OPEN A PUBLIC HEARING.
I WOULD ASK IF I HAVE ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS SIDE.
WE'LL CLOSE THE PUBLIC HEARING AND WOULD ASK COUNCIL FOR A MOTION.
>> I MOVE TO ADOPT RESOLUTION NUMBER 08-13-24-3 AS PRESENTED.
>> I HAVE A MOTION FROM PLACE 4, A SECOND FROM PLACE 1.
ANY FURTHER DISCUSSION? ALL IN FAVOR? PLEASE SAY AYE.
>> ANY OPPOSED? MOTION PASSES.
THANK YOU GUYS. APPRECIATE IT.
[10.D. DISCUSS AND CONSIDER PROPOSED TAX RATE]
ITEM 10D.WE HAVE MS. STORES, I BELIEVE, THAT'S GOING TO RUN THIS ONE.
IS SHE HERE? I DIDN'T SEE YOU SITTING THERE.
PROPOSED TAX RATE. IT'S ALL YOURS.
>> THANK YOU, MAYOR AND COUNCIL.
I HAVE A BRIEF PRESENTATION THAT I'LL GO OVER.
THIS IS REALLY THE FIRST FORMAL VOTE IN A SERIES OF VOTES THAT WILL BE CONDUCTED OVER THE NEXT COUPLE OF MONTHS TO APPROVE THE PROPERTY TAX RATE FOR THIS UPCOMING YEAR ALONG WITH THE BUDGET FOR THIS UPCOMING YEAR.
AS A REMINDER, WE'VE GONE OVER A LOT OF THIS INFORMATION DURING BUDGET REVIEW, THE WEEK OF JULY 30TH THROUGH AUGUST 2ND.
THEN I HAD SENT AN E-MAIL OUT LATE LAST WEEK EXPLAINING THAT WE HAD A LATE CHANGE FROM THE TEXAS COMPTROLLER ON HOW WE COULD CAPTURE SOME OF THE UNUSED INCREMENT FROM LAST YEAR.
THAT IS A GREAT THING THAT GIVES ANOTHER OPTION FOR COUNCIL, AND WE WILL DISCUSS THAT MORE ON AUGUST 27TH.
BUT FIRST, WANTED TO TALK ABOUT HOW STATE LAW DOES HAVE REQUIREMENTS ON THE MAXIMUM AMOUNT A LOCAL MUNICIPALITY CAN INCREASE THEIR TAX RATE TO FUND THEIR MAINTENANCE AND OPERATIONS.
ESSENTIALLY, THE GOVERNMENT ENTITY IS ALLOWED TO INCREASE THEIR PROPERTY TAX RATE BY 3.5% YEAR OVER YEAR, AND IF THERE'S ANYTHING A RATE APPROVED HIGHER THAN THAT BY THE LOCAL GOVERNMENT, THEN IT REQUIRES A MANDATORY ELECTION TO ADOPT A TAX RATE, AND SO THE VOTERS HAVE TO WEIGH IN ON THAT.
THE LAST DATE TO CALL AN ELECTION THIS YEAR, AS WE MENTIONED EARLIER IN THIS COUNCIL MEETING IS AUGUST 19TH, AND IT WOULD BE ON A NOVEMBER ELECTION.
AS PREVIOUSLY STATED PUBLICLY, THE COUNCIL HAS SAID THAT YOU DID NOT WANT TO LOOK AT THAT OPTION, SO WE'RE STARTING LATER IN THE GAME TO GO THROUGH THESE APPROVAL PROCESSES.
AT THIS POINT, WE HAVE TO START PROVIDING INFORMATION OUT TO OUR HOMEOWNERS, SO THEY HAVE AN OPPORTUNITY TO UNDERSTAND WHAT COULD AFFECT THEIR PROPERTY TAXES THEY HAVE TO PAY,
[01:35:01]
AND WHEN THEY CAN COME FORWARD AND SPEAK PUBLICLY TO THIS LOCAL GOVERNING BODY.LET'S TALK REAL BRIEFLY ABOUT OUR CURRENT YEAR PROPERTY TAX RATE VERSUS WHAT IS CONSIDERED THE VOTER APPROVAL TAX RATE OR THE MAXIMUM TAX RATE THAT YOU ALL COULD APPROVE WITHOUT GOING TO AN ELECTION IN NOVEMBER.
CURRENTLY, OUR TAX RATE IS SET AT 0.391956.
THE VOTER APPROVAL TAX RATE ACTUALLY HAS DECREASED.
THE MAXIMUM TAX RATE YOU ALL COULD VOTE FOR HAS ACTUALLY GONE DOWN BECAUSE APPRAISED VALUES HAVE GONE UP.
OUR CITIZENS, WHETHER IT'S ON A RESIDENTIAL SIDE OR A COMMERCIAL SIDE, OVERALL, FOR THE MOST PART, SAW AN INCREASE YEAR OVER YEAR FROM 23-24 ON THEIR APPRAISED VALUES.
AS A REMINDER, THE CITY OF AMARILLO DOES NOT HAVE ANY PART IN THAT PROCESS FOR THOSE APPRAISED VALUES.
THAT'S DONE BY AN INDEPENDENT THIRD PARTY, WHICH IS OUR POTTER RANDALL APPRAISAL DISTRICT.
Y'ALL CONTROL THE TAX RATE FOR THE CITY'S PIECE OF THE PROPERTY TAX BILL, BUT YOU HAVE NO SAY ON THOSE ASSESSED VALUES.
AS THOSE ASSESSED VALUES WENT UP, IT CREATED LESS OF A TAX RATE THAT WE NEEDED TO ACHIEVE THAT 3.5% GROWTH YEAR-OVER-YEAR AND SUPPORT ALL OF OUR OUTSTANDING DEBT THAT IS BACKED BY PROPERTY TAXES.
THE VOTER APPROVAL TAX RATE AND THIS HAS BEEN CERTIFIED BY RANDALL COUNTY, WHO IS OUR TAX ASSESSOR-COLLECTOR, IT IS SET FOR 2024 AT 0.38723.
AGAIN, THIS IS THE STATE MAXIMUM RATE.
WE DO HAVE INFORMATION POSTED ON THE CITY'S WEBSITE RELATED TO THIS AT AMARILLO.GOV, AND THERE WILL BE MORE INFORMATION COMING OUT OVER THE NEXT COUPLE OF WEEKS AS WE POST INFORMATION FOR PUBLIC HEARINGS.
WHAT THIS MEANS TO OUR PROPERTY TAXPAYERS.
AS A REMINDER, AGAIN, WE'RE ONLY A PORTION OF THE PROPERTY TAX BILLS, SO THAT'S THE ONLY PART THAT WE'RE TALKING ABOUT RIGHT NOW.
IF SOMEHOW SOMEBODY'S VALUE ON THEIR HOME WAS 100,000 LAST YEAR AND 100,000 THIS YEAR, IT WOULD PRETTY MUCH STAY THE SAME YEAR-OVER-YEAR BECAUSE THE TAX RATE ACTUALLY WENT DOWN JUST SLIGHTLY.
BUT, ON AVERAGE, PEOPLE SAW A GROWTH IN THAT APPRAISED VALUE.
EVEN THOUGH OUR RATE WOULD NEED TO DECREASE, THAT WOULD BE ABOUT A $5 PER MONTH INCREASE TO AN AVERAGE HOMEOWNER IN THE CITY OF AMARILLO.
AGAIN, THAT'S BECAUSE THAT APPRAISED VALUE WENT UP YEAR-OVER-YEAR.
WHAT WE NEED TODAY IS FOR COUNCIL TO VOTE ON BASICALLY AND NOT TO EXCEED THE HIGHEST TAX RATE THAT WE CAN CONSIDER OVER THE NEXT FEW WEEKS BEFORE THE FINAL ADOPTION IN SEPTEMBER.
WHAT STAFF WOULD RECOMMEND IS APPROVING THAT VOTER APPROVAL TAX RATE, WHICH IS THAT 38.723, AND THEN COUNCIL CAN APPROVE THAT AS THE FINAL TAX RATE OR SOMETHING LOWER THAN THAT.
THAT WOULD GIVE YOU ALL SOME FLEXIBILITY, AND WE'LL TALK MORE ABOUT WHAT THAT TRANSLATES TO ON AUGUST 27TH WHEN WE WRAP UP OUR BUDGET REVIEW.
THIS ALSO SHOWS THE NEXT ACTION ITEMS BY COUNCIL.
TODAY, WE'LL TAKE A VOTE ON THE HIGHEST PROPERTY TAX RATE, THE NOT-TO-EXCEED RATE.
THEN ON SEPTEMBER 10TH, WE'LL COME BACK AT 3:00 PM [NOISE] AND WE'LL DO THE FIRST READING ON THE VOTE FOR THE TAX RATE, AND THEN ON SEPTEMBER 17TH AT 3:00 PM, WE'LL CONDUCT A PUBLIC HEARING AND THAT'S WHEN CITIZENS CAN COME OUT AND VOICE THEIR OPINIONS RELATED TO THE TAX RATE AND WE'LL DO THE SECOND AND FINAL READING FOR THE VOTE, AND THEN WE WILL RATIFY THE TAX RATE.
AT THOSE SAME MEETINGS, WE'LL BE VOTING ON THE BUDGET AS WELL.
QUESTIONS THAT I COULD ANSWER FOR CITY COUNCIL RELATED TO THIS.
>> QUESTIONS, COUNCIL. MAN, WE'RE LOOKING FORWARD TO BUDGET.
WE'VE GOT A LOT OF WORK DONE ON IT ALREADY.
WE'RE EXCITED FOR THE STUFF THAT WE'RE ABLE TO IMPLEMENT, AND THEN I'M ENCOURAGED TO BUY [NOISE] WHAT WE'RE SEEING ON THE BUDGET, AND SO WE'RE EXPECTING GOOD THINGS COMING BACK FROM YOU GUYS, SO THE 27TH, IS THAT RIGHT?
WE WILL POST THAT AGENDA THE FRIDAY BEFORE, AND SO THE PLAN RIGHT NOW IS 11:00 AM.
>> WE'LL HAVE A WORKING SESSION IN FRONT OF AND INSTEAD OF AN EXEC, THEN WE'LL HAVE OUR REGULAR TUESDAY COUNCIL MEETING.
WELL, WITH NO QUESTIONS ON THAT, COUNCIL, I THINK WE CAN MOVE FORWARD.
[NOISE] CAN I GET A MOTION ON ITEM 10D?
>> I MOVE TO APPROVE THE TAX RATE AT 0.38723 NOT TO EXCEED.
[01:40:02]
>> ALL IN FAVOR, PLEASE SAY AYE.
>> ANY OPPOSED. MOTION PASSES ON TO ITEM 10E.
[10.E. CONSIDERATION OF ORDINANCE NO. 8144]
WE DO HAVE OUR CONSULTANTS AND CITY SECRETARY HERE.DO WE HAVE A PRESENTATION OR HOW ARE WE DOING THIS?
>> WE DON'T HAVE A PRESENTATION.
WE DO HAVE DENNIS HAWKINS ON THE LINE WITH US.
DENNIS, CAN YOU HEAR US? ARE YOU WITH US? > YES. I CAN HEAR YOU.
>> COUNCIL, YOU'VE GOT YOUR PAPERS HERE IN FRONT OF YOU, IF YOU WANT TO GET THEM OUT AND LOOK AT THEM.
>> THERE IS A DRAFT FOR JUST EASY VIEWING THAT HAS A ORANGE HIGHLIGHT AT THE TOP OF IT.
>> COUNCIL, I WILL ASK YOU GUYS SINCE WE HAVE DENNIS ON THE LINE HERE.
DOES COUNCIL HAVE ANY QUESTIONS ON ANY OF THE PROPOSED AMENDMENTS TO THE CHARTER THAT REQUIRE OUR CONSULTANT'S INPUT?
>> I'M HEARING NOTHING. DOES COUNCIL HAVE ANY ISSUES?
>> GOOD DEAL, DENNIS. WE APPRECIATE YOU BEING ON WITH US.
DOES COUNCIL HAVE ANY CONCERNS WITH ANY OF THE ITEMS AS THEY WERE AMENDED? WE'VE DISCUSSED THESE BEFORE.
WE REQUIRED A FEW THINGS TO BE MOVED AROUND, MODIFIED.
DO YOU HAVE ANY THAT YOU WOULD LIKE TO DISCUSS, COUNCIL?
I'D LIKE TO ADDRESS, I GUESS, THE PROPOSITION THAT ADDS TWO COUNCIL MEMBERS TO THE COUNCIL GOING FROM FOUR MEMBERS TO TO SIX MEMBERS.
THERE'S A COUPLE OF THINGS THAT I WOULD JUST LIKE TO RUN THROUGH, AND I DON'T KNOW WHETHER OUR CITY ATTORNEY CAN MAYBE RUN THIS THROUGH THIS.
BECAUSE I HAD GOTTEN SOME INFORMATION.
I DON'T KNOW IF EVERYONE GOT IT FROM MR. HYDE ABOUT THIS ISSUE.
WE'VE GOTTEN SOME FEEDBACK FROM LEGAL COUNCIL, INCLUDING MR. HYDE MCKAMY, THAT SAYS, WE ARE NO MORE AT RISK LOSING A LAWSUIT THAT COULD BE BROUGHT AGAINST US FOR SINGLE-MEMBER DISTRICTS BY ADDING TWO MORE.
BUT A COUPLE OF QUESTIONS I WANT TO ASK, AND MAYBE BRIAN CAN GO THROUGH THIS, IS THERE'S A LEGAL CASE CALLED GINGLES, AND IT RATES ALL THE WAY BACK TO 1986.
BUT IT HAS THREE DIFFERENT TYPES OF TESTS THAT HAVE TO BE MET IN ORDER FOR A PLAINTIFF TO BE ABLE TO BE SUCCESSFUL IN FILING SUIT TO PERHAPS FORCE A COMMUNITY, A CITY, TO GO TO SINGLE-MEMBER DISTRICTS.
BRIAN, I DON'T KNOW IF YOU'RE PREPARED TO GO OVER THOSE AND WHAT THAT THREE-PRONG TEST IS.
STEPHANIE, DO YOU HAVE A SLIDE FOR ME? IF YOU COULD DRIVE. APPRECIATE THAT.
THANK YOU. THIS IS THE SLIDE THAT BASICALLY LAYS OUT THE GINGLES TEST, A SUPREME COURT CASE THAT DISCUSSED VOTE DILUTION UNDER SECTION 2 OF THE VOTING RIGHTS ACT.
ACTUALLY, IT'S BEEN DECADES, BUT IT'S STILL GOOD LAW.
ESSENTIALLY, THIS LAYS OUT WHAT A PLAINTIFF WOULD HAVE TO PROVE RELATED TO AN ACTION UNDER SECTION 2.
THE IMPORTANT THINGS TO REMEMBER OF THE THREE-PART TEST IS, THE MINORITY GROUPS GOT TO BE SUFFICIENTLY LARGE ENOUGH AND COMPACT ENOUGH TO CONSTITUTE A MAJORITY OF THE CITIZEN VOTING AGE POPULATION IN ANY POTENTIAL SINGLE-MEMBER DISTRICT, MEANING IF THERE WAS ONE TO BE DRAWN.
THAT GROUP HAS TO BE POLITICALLY COHESIVE, MEANING THEY HAVE TO VOTE THE SAME WAY, AND THERE HAS TO BE A WHITE MAJORITY VOTE THAT BLOCKS BASICALLY THE ABILITY FOR THAT MINORITY TO HAVE A VOICE IN THE ELECTION PROCESS.
[01:45:01]
THAT'S THE THREE-STEP TEST TO JUST GET YOU HALFWAY THERE, IF THAT MAKES SENSE.THE ISSUE TYPICALLY IS IN THIS SITUATION IS BEING ABLE TO DRAW USUALLY A DEMOGRAPHER OR AN OUTSIDE FIRM CAN DO THE STUDYING ANALYSIS FOR YOU, BUT THE DIFFICULTY IS BEING ABLE TO DRAW THE DISTRICT SO THAT IT IS COMPACT ENOUGH AND GEOGRAPHICALLY DISTINCT ENOUGH AND POLITICALLY COHESIVE ENOUGH TO ACTUALLY BECOME A SINGLE-MEMBER DISTRICT.
IN THE PAST, THAT HAS BEEN A PROBLEM RELATED TO SOMEONE TRYING TO PROVE THAT IN THE CITY OF AMARILLO.
A NUMBER OF YEARS AGO, WE HAD A CHALLENGE AND THERE WAS NO WAY TO DRAW DISTRICT.
IN THAT SCENARIO, THIS HAS BEEN TESTED IN AMARILLO, BUT IT WAS TESTED SEVERAL DECADES AGO WITH 2000 CENSUS DATA.
BUT REMEMBER, IT'S NOT JUST GROWTH OF MINORITY POPULATION, IT'S WHERE IS THE GROWTH AND IS THAT PARTICULAR MINORITY GROUP POLITICALLY COHESIVE ENOUGH TO ESTABLISH WHAT A PLAINTIFF WE'D HAVE TO PROVE FOR SINGLE-MEMBER DISTRICT.
IF ALL THREE OF THESE ARE MET, THEN THE NEXT SLIDE, THEN YOU HAVE TO PROVE THAT.
IF THE PLAINTIFF SATISFIES ALL THREE PARTS OF THE THRESHOLD TEST, THEN THE COURT MUST EXAMINE THE TOTALITY OF THE CIRCUMSTANCES.
TYPICALLY, THAT'S GOING TO BE AN EVIDENTIARY THING.
EVERYBODY IS ELECTED AT LARGE, AND WHAT THE CHARTER COMMITTEE RECOMMENDED.
WHAT HAS BEEN AND TODAY MAYBE ADOPTED COUNCIL IS JUST ADDING TWO AT LARGE PERSONS FOR THE COUNCIL.
THAT'S ESSENTIALLY WHAT YOU END UP DOING.
I THINK THAT HOPEFULLY THAT GIVES YOU THE LAYOUT OF WHAT SECTION 2 OF THE VOTING RIGHTS ACT IS ABOUT.
THEN I'LL TRY TO ANSWER ANY QUESTIONS YOU HAVE RELATED TO IT.
>> BUT I GUESS IN THIS, AS I UNDERSTAND IT, WHAT THE COURTS LOOK AT OR WHEN YOU'RE REDRAWING IT IS BASICALLY LOOKING FOR MINORITY-MAJORITY DISTRICTS.
THAT IS, LIKE HERE, IT SAYS, WHEN THERE'S A MINORITY GROUP THAT LIVES IN THE SAME AREA TO BE ABLE TO FORM A DISTRICT, THAT'S CALLED A MINORITY-MAJORITY DISTRICT.
THAT IF SOMEONE FILE SUIT AT YOU OR AT THE CITY, AND THEN THE COURTS DETERMINE, WAIT A MINUTE, YOU'VE REORGANIZED OR YOU'VE REDONE OR YOU'VE ADDED MEMBERS, BUT NOW THE POPULATION IS SUCH THAT, SOMEBODY WOULD HAVE TO DO THE DEMOGRAPHICS AND RESEARCH ON THAT.
BUT THEN THAT COULD MEET, I GUESS, PART 1 OF THIS TEST, THAT THEY ARE CLOSE ENOUGH.
I GUESS, MY QUESTION IS, DO WE HAVE ANY OR WHEN WAS THE LAST TIME ANY DEMOGRAPHIC STUDY WAS DONE ON THIS? BECAUSE TO ME, AND AGAIN, WHEN YOU JUST LOOK AT THE POSSIBILITIES OF THIS HAPPENING BY GOING FROM 4-6, UNLESS I'M MISSING SOMETHING, YOU'RE JUST LESSENING THE AMOUNT THAT IT WOULD TAKE TO FILL A MINORITY-MAJORITY DISTRICT BECAUSE YOU'RE GOING FROM 4-6.
IT WOULD TAKE A LESSER POPULATION TO DO THAT, WHICH IN MY MIND, UNLESS I'M MISSING SOMETHING, DOES MAKE IT MORE LIKELY.
WE'D HAVE TO HAVE THE FACTS AND INFORMATION, BUT IT DOES MAKE IT MORE LIKELY THAN WE ARE RIGHT NOW THAT BY DIVIDING IT BY SIX INSTEAD OF FOUR, YOU COULD HAVE A MAJORITY-MINORITY DISTRICT.
>> THAT IS POSSIBLE. YOU WOULD HAVE TO SEE HOW GROWTH HAS OCCURRED OVER THE LAST TWO CENSUS.
IN OTHER WORDS, IF THE GROWTH WAS THROUGHOUT THE CITY, THEN YOU WILL STILL HAVE THE SAME PROBLEM.
BUT IF IT WAS IN ONE DISTINCT DISTRICT, AND LIKE I SAID, AND THE DISTRICT MEETS ALL THE OTHER CRITERIA, THEN IT IS POSSIBLE.
>> WELL, I'M JUST GOING THROUGH THESE THINGS TO TRY TO FIGURE, DO WE KNOW FOR CERTAIN WE DON'T MEET NUMBER 1? BECAUSE YOU'VE GOT TO GO THROUGH THIS THREE-PRONGED TEST.
MY QUESTION IS, DO WE KNOW FOR CERTAIN, WHERE THE POPULATION IS, THAT WE WOULD OR WOULD NOT MEET NUMBER 1?
>> NUMBER 2 WOULD BE, AND I DON'T KNOW, HOW DO YOU MEASURE POLITICALLY COHESIVE?
[01:50:02]
WHAT IS THE METRIC THAT'S DETERMINED BY THAT?>> TYPICALLY, WHAT WILL HAPPEN IS, YOU'LL HAVE SOMEONE ANALYZE THAT, USUALLY AN OUTSIDE FIRM TO TRY TO ESTABLISH HOW MINORITY GROUPS ARE VOTING IN VARIOUS ELECTIONS.
THAT'S WHERE YOU'LL GET SOME OF THAT DATA, I THINK, THAT YOU'RE LOOKING FOR.
>> THEN THE THIRD, I GUESS, THIS GOES BACK TO WHAT YOU WOULD LOOK AT IN NUMBER 1, WHICH IS THE WHITE MAJORITY VOTE SUFFICIENTLY SERVE AS A BLOCK, ENABLING THAT SOMEBODY WOULD HAVE TO STUDY AND LOOK AT THAT.
>> BUT I GUESS, WHERE I AM ON THIS AND AFTER LOOKING AT THIS, AND TO ME, SINGLE-MEMBER DISTRICTS, AND I THINK THAT'S WHY PEOPLE, I THINK, ARE FAMILIAR WITH THOSE, THEY KNOW WHAT THEY ARE.
BUT I DON'T THINK GOVERNMENT GETS BETTER WITH SINGLE-MEMBER DISTRICTS.
NOT THAT WE'RE VOTING ON SINGLE-MEMBER DISTRICTS, BUT FOR ME, IF THIS EVEN SLIGHTLY OPENS THE DOOR TO IT, IT'S A CONCERN.
IT'S NOT THAT I'M AGAINST ADDING TWO MORE MEMBERS, BUT I GUESS, AT THE POINT I'M AT, I'D LIKE TO KNOW HOW CAN WE GET MORE INFORMATION ON THIS TO DETERMINE IF WE WOULD BE AT RISK AT BEING ABLE TO DO THAT OR NOT ANY RISK TO BE ABLE TO DO THAT.
I THINK THAT SINGLE-MEMBER DISTRICTS GIVE YOU, I THINK, LESS REPRESENTATION THAN MORE, DEPENDING ON IF WE KEPT FIVE OR EVEN IF YOU HAD SEVEN, YOU GOT FIVE PEOPLE TO COMPLAIN TO, DEPENDING ON IF YOU HAVE THE MAYOR AND ONE IN YOUR DISTRICT, YOU ONLY HAVE TWO PEOPLE TO COMPLAIN TO.
I AGREE, I THINK SPENDING GOES UP WITH SINGLE-MEMBER DISTRICTS OR DISTRICTS.
YOU CAN JUST LOOK AT WASHINGTON, DC TO SEE THAT.
EVERYBODY, THEY ALL GO AND THE REPUBLICANS AND DEMOCRATS BOTH SAY, WHATEVER, BUT BOTH OF THEM, THEY WANT TO GET SOMETHING FOR THEIR DISTRICT, AND IT BECOMES A WAR OVER MONEY FOR THE DISTRICT.
AGAIN, I DON'T MIND THE IDEA OF ADDING TWO, BUT I'D LIKE TO HAVE A HIGHER COMFORT LEVEL THAT WE'RE NOT GOING TO BE FACING SOME UNINTENDED CONSEQUENCE OF LEGAL ACTION.
WHEN I LOOK AT JUST ADDING THE TWO WITHOUT KNOWING ANY MORE INFORMATION, MAYBE THE MINORITY POPULATION IN SOME AREAS HAVE GONE UP.
MAYBE THEY'RE LIVING, WHEREAS 10 YEARS AGO, MAYBE THAT WOULD HAVE NOT HAPPENED.
I'M CONCERNED ABOUT MOVING FORWARD TO THIS UNTIL WE GET SOME INFORMATION THAT CAN GIVE US MORE OF AN INDICATION OF WHERE WE HAVE SOME RISK OR IT WOULD BE ALMOST IMPOSSIBLE TO DO THAT.
I UNDERSTAND WE'RE UP AGAINST A TIMELINE HERE, BUT FOR ME, IT'S ONE OF THOSE THINGS THAT I JUST WANTED TO BRING UP AND GO OVER WHAT THAT LAW SAYS AND THEN COUNCIL CAN HAVE A DISCUSSION.
>> CAN I WEIGH IN REAL QUICK BEFORE IT COMES BACK TO YOU? I WANT TO CLARIFY ONE THING BECAUSE I'M NOT CLEAR, AND HONESTLY, I SHOULD BE, BUT I'M NOT SURE THAT ANYONE ACTUALLY IS.
I HAVE HEARD, HEY, IF YOU MOVE FROM 5-7, YOU COULD END UP WITH 15 DISTRICTS.
BECAUSE WE CAN DRAW THIS THING AND IF YOU ADD ONE POSITION TO YOUR COUNCIL OR MODIFY THE COUNCIL AT ALL, YOU CAN END UP GOING AND HAVING TO DRAW ALL THESE SINGLE-MEMBER DISTRICTS, AND NOT AT YOUR WILL, NOT AT THE WILL OF THE VOTER, BUT AT THE WILL OF A LAWSUIT AND A JUDGE.
MY QUESTION WOULD THEN BE, WELL, THEN WHO GETS TO SET THE SIZE? BECAUSE IF I CAN'T DRAW ONE IN ONE AREA OF TOWN, WHICH I COULD DO RIGHT NOW.
IF I WENT AND HIRED A DEMOGRAPHER, IF I FELT LIKE MY VOTING RIGHTS WERE BEING HAMPERED OR HARMED, THEN WHY NOT JUST DRAW THE ONE DISTRICT AND GET THE ONE SINGLE-MEMBER DISTRICT THROUGH THE COURT ROOM, AND THEN I WOULD HAVE THE ONE DISTRICT PLUS THE FOUR AT LARGE.
CAN YOU SPEAK TO THAT BRIAN? WHO SETS THE SIZE AND WHO GETS TO SAY, OR IS IT THE DEMOGRAPHICS THAT HAVE TO SET THEIR OWN SIZE?
>> YOU'RE RIGHT ON THAT. IT'S THE DEMOGRAPHICS THAT WOULD DETERMINE ULTIMATELY WHAT THAT DISTRICT WOULD LOOK LIKE, AND THEN A COURT ANALYZING THEM BASED UPON THAT.
>> WHAT I'M TRYING TO DO IS BIFURCATE THE ISSUE OF WHAT CAN HAPPEN OUTSIDE IN THE COMMUNITY BASED ON HOW POPULATIONS LIVE AND VOTE, AND THEN WHAT CAN HAPPEN AS A RESULT OF 5-7.
WHEN WE SAY, WELL, IF YOU GO FROM 5-7, NOW YOU HAVE TO CUT THE CITY INTO SIX PIECES OR SEVEN, DEPENDING ON, I GUESS THE MAYOR IS ALWAYS AT LARGE, SO YOU'D HAVE SIX QUADRANTS INSTEAD OF FOUR, OR SIX SECTIONS INSTEAD OF FOUR.
THAT'S NOT TRUE IN THAT SCENARIO BECAUSE ALL I HAVE TO DO IS CREATE ONE.
>> THAT IS RIGHT. IN OTHER WORDS, ONE MIGHT BE ENOUGH. IT CAN BE TWO.
>> IF WE WERE SAYING, HEY, I'M CONCERNED THAT SINGLE-MEMBER DISTRICTS COULD BECOME A THING HERE AND IT'S NOT THE BEST GOVERNANCE FOR OUR LOCAL REGION, THEN WE WOULD BE CONCERNED WITH THE ONE.
[01:55:01]
THEN YOU COULD CREATE FOUR OR FIVE, BUT YOU COULD ATTEMPT TO GO AND CREATE 15 RIGHT NOW.YOU'VE GOT TO GET IT THROUGH THAT PROCESS.
YOU MAY BE RIGHT, COUNCILMAN SIMPSON, YOU HAVE A GREATER LIKELIHOOD OF CREATING 15 SMALLER SEGMENTS THAN YOU DO CREATING FOUR, BECAUSE THE SQUARE MILES ARE LARGER.
THE GEOGRAPHIC AREA IS LARGER.
THE MORE DISTRICTS YOU COULD CREATE, THE MORE LIKELIHOOD THAT YOU COULD ENCAPSULATE A VOTING PART OF THE PUBLIC THAT SHARES THE SAME ETHNICITY.
BUT THAT RULE IS ESTABLISHED IN A COURT ROOM, NOT BY MOVING FROM 5-7.
WE AS COUNCIL NEED TO STAND FIRM ON KNOWING WE ARE NOT PUTTING OUR CITY OR OUR GOVERNANCE IN ANY JEOPARDY BY ASKING YOU THE VOTER TO VOTE FOR TWO ADDITIONAL REPRESENTATIVES.
YOU SAID YOU WANTED SMALL GOVERNMENT.
THE ABSOLUTE BEST FACEBOOK POST THAT I'VE SEEN, AND I'LL APOLOGIZE IN ADVANCE FOR BRINGING IT UP, EVEN THOUGH I'M NOT GOING TO SAY YOUR NAME, THIS GUY SAYS HE'S SMALL GOVERNMENT.
HERE HE'S TRYING TO GROW THE GOVERNMENT.
MORE REPRESENTATION DOES NOT GROW YOUR GOVERNMENT.
US REPRESENTING YOU, THAT'S MORE ADVOCATES WHEN YOU'RE STANDING IN THE LAST LINE OF DEFENSE BETWEEN BUREAUCRACY, AND I'M NOT SPEAKING AGAINST STAFF.
I'M JUST SAYING THE NATURE OF THE BEAST IS THE NATURE OF THE BEAST.
THE WAY WE FIX OUR PROBLEMS IS MORE MONEY.
GET MORE OF US OUT THERE, WE'LL GO DO MORE WORK.
BEING ON THIS SIDE OF THE DIAS, IT'S HARD TO PULL BACK FROM THAT.
BUT BIGGER GOVERNMENT IS MORE BUREAUCRATS, NOT MORE REPRESENTATIVES, AND SO 5-7 IS A GOOD MOVE AND HERE'S WHY.
IT IN NO WAY JEOPARDIZES ANY LOCAL GOVERNMENT FROM HAVING TO BECOME A SINGLE-MEMBER DISTRICT.
ANYBODY THAT WANTS TO HIRE A DEMOGRAPHER AND GO OUT THERE AND DRAW UP 15 DIFFERENT DISTRICTS RIGHT NOW COULD TAKE IT THROUGH THE COURT ROOM AND ATTEMPT TO DO THIS.
AM I SAYING ANYTHING INCORRECT? THERE IS NO SET OF SIZE.
I'M NOT SETTING THE SIZE OF THE DISTRICT BASED ON THE QUANTITY OF REPRESENTATIVES.
THAT IS A HUGE FALLACY IF YOU GUYS THINK THAT.
IF YOU THINK, HEY, YOU'RE ADJUSTING THE SIZE BY THE NUMBER OF AT LARGE COUNCIL.
IN NO WAY SHAPE OR FORM ARE WE ADJUSTING THE SIZE, AND I WANT TO PROVE IT WITH ONE OTHER.
CAN YOU SPEAK TO THAT FOR ME? BECAUSE I WAS TOLD, HEY, IN PASADENA, TEXAS, THEY HAD THIS ISSUE AS SOON AS THEY TRIED TO TOUCH IT, THEY ENDED UP WITH SINGLE-MEMBER DISTRICTS.
WELL, TODAY, I THINK I WAS TAUGHT A LITTLE BIT.
MAYBE THAT WENT THE OTHER DIRECTION.
>> WHAT HAPPENED IN THE CASE OF CITY PASADENA IN TEXAS.
IT WAS IN I THINK '17, '16, SOMETIME IN THAT TIME FRAME.
THEY ALREADY HAD SINGLE-MEMBER DISTRICTS.
WHAT HAPPENED IN THAT PARTICULAR SCENARIO WAS THERE WERE SEVERAL PROPOSALS, BUT THE PROPOSAL THAT BASICALLY WAS VOTED ON WAS TO CHANGE ONE OF THOSE MINORITY DISTRICTS TO AN AT LARGE DISTRICT, AND WHAT THEY CALL A HYBRID FASHION, WHICH LIMITED ONE OF THE MINORITY DISTRICTS.
INSTEAD OF FOUR, THEY ONLY HAD THREE.
IN THAT CASE THERE WAS A LOT OF EVIDENCE THAT SUGGESTED THAT IT WAS DONE TO BASICALLY DISENFRANCHISE MINORITY VOTERS.
>> EVEN IN THE TIMING OF THE PARTICULAR APPROACH THAT THEY MADE, I THOUGHT WAS REMARKABLE AND THAT THE SHELBY CASE THAT YOU KNOW ABOUT THAT CHANGED THE PRE-CLEARANCE RULES AND SAID, YOU DON'T HAVE TO DO PRE-CLEARANCE ANYMORE.
THE VOTING RIGHTS ACT IS STILL ALIVE AND WELL.
THERE'S JUST NO PRE-CLEARANCE ANYMORE.
JUST DAYS AFTER THAT OCCURRED, THE CITY OF PASADENA PUT THAT PROPOSAL THROUGH, KNOWING THAT PRE-CLEARANCE WOULD NOT BE A HURDLE ANYMORE.
THERE WERE A LOT OF THOSE THINGS TOO IN THE CITY OF PASADENA CASE IN WHICH THE COURT ULTIMATELY SAID, NO, YOU CAN'T DO THAT.
>> WOULD YOU EXPLAIN OR DEFINE PRE-CLEARANCE REAL QUICK?
>> YES. ESSENTIALLY, BEFORE THE SUPREME COURT RULED IN SHELBY COUNTY, THE VOTING RIGHTS ACT REQUIRED THAT ANYTIME YOU WERE GOING TO REDRAW A DISTRICT, THAT THAT DISTRICT HAD TO BE CLEARED BY THE FEDS BASICALLY.
THEY WOULD LOOK AT IT TO MAKE SURE THAT IT HAD BEEN GERRYMANDERED OR SOMETHING LIKE THAT SO THAT IT WAS STILL EFFECTUATING THAT THE VOTING RIGHTS IN 10 IF THAT MAKES SENSE.
AFTER SHELBY COUNTY, THE COURT FOUND THAT PARTICULAR PROVISION OF THE VOTING RIGHTS ACT UNCONSTITUTIONAL AND UNENFORCEABLE.
IT REMOVED THAT FOR THE VARIOUS STATES IN WHICH IT APPLIED TO, BUT IT STILL SAID THAT VOTING RIGHT ACT STILL APPLIES AND THAT IF YOU MEET THIS TEST,
[02:00:05]
THE TEST THAT WE JUST LAID OUT, THAT THAT IS STILL A VIOLATION AND BECAUSE OF THAT, THE COURT CAN GET INVOLVED AND REDRAW A DISTRICT OR DRAW A POTENTIAL DISTRICT IF THE TEST CAN BE MET.THE SIZE OF YOUR COUNCIL AND ADDING TWO AT LARGE COUNCIL MEMBERS IN NO WAY REDRAWS A DISTRICT BECAUSE WE DON'T HAVE ANY DISTRICTS HERE.
WE HAVE CITY LIMITS, AND SO WE'RE ALL WITHIN THE CITY LIMITS.
THAT IS THE DISTRICT YOU'RE IN.
TO SAY, WELL, IF YOU ADD TWO ADDITIONAL COUNCIL MEMBERS, YOU COULD GET YOURSELF INTO A LAWSUIT WHERE YOU NOW COULD BE REDISTRICTED.
NO, YOU'D HAVE TO BE SINGLE MEMBER DISTRICTED BY A PROVING IT THROUGH A DEMOGRAPHER.
PASADENA, THAT COURT CASE WAS BROUGHT TO ME THIS PREVIOUS WEEK IN THE WAY OF THIS IS AN EXAMPLE OF HOW THIS CAN GO WRONG.
NOW, THAT'S A GREAT EXAMPLE OF HAVING SINGLE MEMBER DISTRICTS AND TRYING TO GO TO AN AT LARGE HYBRID SYSTEM.
WE COULD AND I AGREE WITH THOSE THAT SAY, HEY, IF YOU TRY THIS, YOU COULD GET US HUNG UP.
IF I WAS TRYING TO PROPOSE A SINGLE MEMBER DISTRICT, IF I SAID, HEY, I WANT FOUR SINGLE MEMBER DISTRICTS WITH THREE AT LARGE AND THAT HYBRID SYSTEM, I AGREE WITH YOU.
THEN WE COULD BE IN THE ISSUE OF, WE CAN DRAW THESE OTHER DISTRICTS AND WE COULD SHOW THIS MINORITY ISSUE, BUT BY ADDING TWO AT LARGE POSITIONS, I DON'T BELIEVE THAT THIS COUNCIL AND I HAVE PLENTY OF LEGAL BACKING ON IT.
I DON'T BELIEVE THAT THIS COUNCIL IS IN ANY WAY JEOPARDIZING THE AT LARGE LOCAL GOVERNANCE THAT WE HAVE.
WE'RE ONLY ASKING YOU THE VOTE WHAT DO YOU WANT? ALL WE'RE DOING IS OUR JOB.
WHAT WOULD YOU LIKE? WE'RE TRYING TO BE SMART, WE'RE TRYING TO BE WISE.
I KNOW MISS TRAVATO CRITICIZING A LITTLE BIT THAT YOU WERE TOLD WHAT WE WANTED AND YOU DIDN'T PUT IT ALL OUT THERE.
WELL, WE ARE BEING STRATEGIC AND WE'RE TRYING TO USE SOME WISDOM HERE AND MEASURE BUT WE'RE ALSO BEING WILLING TO STAND UP AND SAY, THIS IS WHAT WE THINK YOU MAY WANT THAT FITS WITHIN OUR LOCAL GOVERNANCE AND THEN YOU VOTE ON IT.
IF IT GETS VOTED DOWN, THEN WE DID OUR JOB AND WE STAY AT FIVE BUT IF IT GETS VOTED UP, THEN WE MOVE TO SEVEN AND WE RUN THE CITY LIKE A BUSINESS WHICH IS WHAT WE SAID WE WOULD DO.
NOBODY RUNS A BUSINESS IN A BOARD OF DIRECTORS LIKE THIS.
WHERE YOU HAVE ALL FIVE AND YOU ROLL THEM ALL OFF AT ONE TIME.
COUNCILMAN SIMPSON, I FEEL LIKE YOU MAY HAVE SOMETHING ELSE YOU WANT TO ADD.
I APPRECIATE YOUR COMMENTS AS WELL, BUT TO ME, OF COURSE, IT'S OUR JOB TO LOOK INTO THESE ISSUES MORE AND WE THOUGHT OF IT.
WE HAVE SOME THINGS THAT THE COMMITTEE CAME BACK.
WHAT I'M SAYING IS, I DON'T FEEL COMFORTABLE MOVING FORWARD WITH THIS AT THIS POINT, NOT THAT I'M AGAINST ADDING TWO MEMBERS TO IT, BUT UNTIL WE GET A LITTLE BIT OF CHANCE TO BE ABLE TO DELVE IN THIS A LITTLE BIT MORE.
ONE OF THE THINGS THAT GEORGE HIGH DID SAY ON HIS RESPONSE TO THIS, GIVING THE OVERVIEW OF THE GINGLES IS HE SAID, I WOULD NEED THE HISTORY OF YOUR VOTING, YOUR VOTING STATISTICS, AND VOTER RESIDENT LOCATION DATA TO APPLY THE LAW TO YOUR SPECIFIC FACTS.
I'VE NOT TALKED WITH HIM ABOUT THIS, BUT THAT JUST GIVES ME A FACT THAT HE'S SAYING, AND THEN HE FOLLOWS UP.
HE SAYS ON THE OTHER HAND, PEOPLE LIKE YOU AND OTHERS MAY KNOW THE VOTING PATTERNS AND THAT WELL, I DON'T KNOW THE VOTING PATTERNS.
I DON'T THINK WE KNOW THE VOTING PATTERNS.
FOR ME, IF YOU CAN COME AND SAY, OF COURSE, YOU NEVER GET THIS FROM A LAWYER, BUT IF SOMEBODY CAN COME AND SAY THERE'S LESS THAN 1% CHANCE THAT YOU WOULD SUED ON THIS AND LOSE, MAYBE THAT WOULD RAISE THE COMFORT LEVEL BUT RIGHT NOW, I DON'T THINK WE HAVE THE DEMOGRAPHICS AND INFORMATION TO BE ABLE TO DO THAT.
I'D LIKE FOR US TO PERHAPS PLACE A PAUSE ON THIS TO BE ABLE TO GET THAT INFORMATION.
HERE'S WHY. THIS IS JUST AN EXAMPLE.
I KNOW IT WAS MENTIONED, BUT THIS IS WHAT HAPPENS WHEN YOU GET INTO SINGLE MEMBER DISTRICTS AND WHY YOU DO NOT NEED TO LET ANYTHING HAPPEN TO EVER OPEN THE DOOR ON THIS BECAUSE IT'S MORE SPENDING, IT'S MORE GOVERNMENT.
IT'S NOT LESS GOVERNMENT BECAUSE THEN EVERYBODY IS OUT FOR THEMSELVES NOT THINKING ABOUT THE COMMUNITY.
LUBBOCK LOOKING AT A $110 MILLION BOND ISSUE FOR THEIR ROADS.
THEIR ROADS, EVERYBODY SAYS LUBBOCK ROADS BETTER, WELL, APPARENTLY THEY NEED WORK TOO.
THEY'RE TRYING TO COME UP WITH THIS.
THIS IS WHAT HAPPENS WHEN YOU TRY TO GET PEOPLE WHO ARE ONLY REPRESENTING DISTRICTS AND NOT THE ENTIRE COMMUNITY TOGETHER.
THE $110 MILLION, AND ONE OF THE COUNCIL MEMBERS, MAYOR PROTEM, CHRISTIE MARTINA GARCIA SAYS, JUST LIKE THE LAST BOND ISSUE IN 2022, I WAS NOT HAPPY.
I'M NOT GOING TO LIE AND SAY I'M HAPPY.
I FEEL LIKE DISTRICT 1 IS STILL NOT GETTING ENOUGH AND THEY GO ON AND TALK ABOUT THIS.
THEN THEY SAY THE STREET BONDS NEED TO GO BACK TO
[02:05:02]
THE COMMITTEE BECAUSE ALL THE MONEY IS GOING TO THESE DISTRICTS.WELL, THERE MAY BE TIMES WHERE MORE AREAS OF TOWN NEED TO GET MORE INVESTMENT THAN OTHERS, BUT WHEN YOU GET INTO THAT, THEN EVERYBODY HAS GOT TO, WELL, WHAT DO WE HAVE TO DO TO MAKE YOU HAPPY? WELL, IF YOU GIVE ME THIS, I'LL GIVE YOU THAT.
I THINK HAVING MORE PEOPLE ON THE COUNCIL IS NOT A BAD IDEA, BUT IF WE HAVE EVEN THE SMALLEST OF CHANCE AND I DON'T KNOW ENOUGH TO SAY ONE WAY OR ANOTHER, BUT WHAT I'D LIKE TO DO IS HAVE SOME LOOK AT THIS DEMOGRAPHIC INFORMATION, HAVE SOMEONE TO BE ABLE TO LOOK AT THIS, ARE WE ANY RISK OF THESE 1, 2, OR 3? IF WE'RE NOT, THEN I WOULD SAY GO FORWARD, BUT I THINK IT'S TOO IMPORTANT OF A THING WITHOUT ALL THE INFORMATION AT THIS POINT TO MOVE FORWARD.
I WISH I HAD BROUGHT THIS UP A MONTH AGO.
MAYBE WE SHOULD HAVE BUT AS I STUDIED THIS MORE, I FEEL IT'S SOMETHING THAT I WOULD REALLY LIKE TO PAUSE ON ADDING THE TWO MEMBERS, PUT THE REST OF THEM FORWARD AND LEST YOU SOME MORE WORK TO COME BACK AND MAKE SURE THEY WERE ABSOLUTELY CONFIDENT THAT IT'S NOT IN ANY WAY [INAUDIBLE].
>> I GREATLY APPRECIATE THE DEBATE.
I WELCOME IT, AND I THINK IT'S GOOD.
YOU WOULD LIKE TO NOT MOVE FORWARD WITH THIS ONE ITEM, I WOULD LIKE TO MOVE FORWARD WITH THIS ONE ITEM.
NOW, ARE WE IN AGREEMENT ON THE OTHER THREE ITEMS?
>> YOU WOULD STILL WANT TO DO FOUR-YEAR STAGGERED TERMS BUT WITH FIVE.
>> LET'S ISOLATE THIS DISAGREEMENT AND I THINK IT'S GOOD.
THIS IS THE PROCESS AND IT'S A WORTHY DEBATE. LET ME ASK YOU.
ONE THING THAT I DIDN'T KNOW, I WAS TOLD, HEY, IF YOU THIS, THEN YOU'LL HAVE TO AND SO THE BURDEN WAS ON ME.
I FELT LIKE, WELL, IF I'M THE MAYOR, I BRING THIS FORWARD, NOW IT'S MY JOB TO GO OUT AND I HAVE THE BURDEN OF CREATING THESE DISTRICTS AND ESTABLISHING ALL THESE AND MAKING SURE I MEET ALL THREE OF THOSE METRICS.
THE BURDEN IS ON THE PLAINTIFF, THE PETITIONER.
IF SOMEBODY FELT DISENFRANCHISED AND THEIR VOTING RIGHTS WERE BEING HARMED, IT'S THEIR BURDEN TO GO OUT AND GET THAT INFORMATION THAT YOU'RE ASKING FOR.
WHAT YOU SAID WAS, YOU'RE NOT COMFORTABLE MOVING FORWARD UNLESS YOU TOOK THE BURDEN THAT THEY HAVE ON YOURSELF.
YOU WOULD THEN WANT MORE TIME TO GO OUT AND PERFORM THEIR DUTY AND THEIR BURDEN KNOWING THAT THAT'S AN ANTAGONIST TOWARDS THE TYPE OF GOVERNMENT THAT WE'RE ADVOCATING FOR.
IT'S THEIR BURDEN AND QUITE FRANKLY, THEY ONLY HAVE TO HAVE ONE.
IF THEY COULD PROVE THIS BURDEN EXISTED, THEY CAN DRAW ONE DISTRICT ANY SIZE THAT THEY WANT WITHIN THE CITY LIMITS.
THEY DON'T NEED US TO HAVE SEVEN MEMBERS FOR THEM TO DRAW ONE DISTRICT.
NOW, MR. CITY ATTORNEY, ANYTHING INCORRECT IN THE WAY IN WHICH I JUST REFERENCED THE ONE SINGLE MEMBER SIZE THAT THEY COULD ATTEMPT?
>> THEY WOULD BE THE PERSON AND THE PETITIONER, THE PLAINTIFF, THE ONES THAT WOULD BE DISENFRANCHISED.
THE GROUP OF PEOPLE THAT SAY WE ARE THE ONES THAT NEED THIS DISTRICT IN ORDER TO HAVE PROPER REPRESENTATION.
YOU ARE FIVE WHITE MALES AND WE'RE NOT BEING HEARD, AND WE ARE FIVE NON WHITE NON MALES, WHATEVER THE ISSUE WOULD BE, WHATEVER ETHNICITY YOU WOULD HAVE.
>> DOES THAT NOT CONSTITUTE WHERE YOU'RE AT ON? DO YOU THINK THERE'S ANOTHER THEY?
>> NO. I JUST WANT CLARIFICATION OF WHO THEY.
>> UNLESS, I'D LIKE TO GO BACK THOUGH.
WHAT THAT WOULD MEAN WOULD BE, LET'S NOT VOTE ON IT.
WHAT I WOULD SAY IS DON'T PAUSE, VOTE ON IT IN THE WAY AND I RESPECT YOUR VOTE.
IF YOU'RE NOT IN FAVOR OF IT, YOU VOTE AGAINST IT, BUT I WOULDN'T RESPECT THE PAUSE UNTIL WE GO AND TAKE THAT BURDEN ON OURSELVES TO THEN VERIFY THAT THERE'S ZERO RISK IN THIS BECAUSE THAT IS NOT OUR JOB.
>> WELL, I THINK IT IS OUR JOB, AND I THINK IT'S OUR JOB TO BE ON THE LOOKOUT FOR THE CITIZENS IN THE COMMUNITY AND LOOK AT THESE THINGS IN DEPTH.
I'M NOT SAYING THAT WE DON'T NEED TO LOOK AT IT, BUT I WOULD JUST LIKE TO HAVE SOME TIME TO BE ABLE TO EXPLORE IT AND LOOK AT IT BECAUSE WE'VE MADE SOME JUDGMENTS ON NOT PUTTING OTHER THINGS ON FOR THE BALLOT AND WE DID THEM FOR WHATEVER REASON IT MAY BE.
TOM WANTED TO PUT EVERYTHING ON THE BALLOT, SO WE MADE SOME JUDGMENTS ON BEING ABLE TO DO THAT.
I'M JUST SAYING, I'D WANT TO GET MORE INFORMATION ON THIS TO MAKE SURE.
I THINK WE THINK THAT WE'RE NOT AT ANY MORE RISK, BUT DO WE KNOW THAT WE'RE NOT AT ANY MORE RISK? I DON'T FEEL LIKE I KNOW IT.
I THINK THE ODDS WOULD BE DIFFICULT, BUT I'D RATHER PAUSE AND SPEND SOME TIME LOOKING AT THIS.
I JUST WANT TO MAKE ONE COMMENT IN A LITTLE BIT OF THE BACK AND FORTH.
I DON'T KNOW, BUT I'M GUESSING BECAUSE
[02:10:03]
I HAVE YET TO HIRE MUCH HERE THAT DIDN'T COST $100,000.DEMOGRAPHER TO GO AND STUDY THIS COULD COST $100,000 AND TAKE SIX MONTHS.
I WANT TO PUT IN CONTEXT JUST A LITTLE BIT OF WHAT YOU'RE ASKING.
IT'S DIFFERENT SAYING DON'T TOUCH IT.
I LIKE IT THE WAY IT IS VERSUS NO, I WANT TO TOUCH IT, BUT I'D LIKE TO GO SPEND $100,000 AND WAIT SIX MONTHS BEFORE I DO IT JUST TO HAVE THAT DUE DILIGENCE.
YOU HAVE A LEVEL OF RISK HERE THAT YOU'RE UNCOMFORTABLE WITH AND I UNDERSTAND THAT.
>> WELL, I DON'T KNOW IF IT COST 20,000, IT COULD COST 200.
I DON'T KNOW HOW MUCH IT COSTS.
IT'S SOMETHING THAT'S WORTH AN INVESTMENT TO. YES, SIR.
>> I HEAR LESS. WHAT YOU'RE SAYING IS THE MOST YOU'RE CONCERNED ABOUT IS THE UNINTENDED CONSEQUENCES.
ON PAPER, IT LOOKS GOOD TO EXPAND THE COUNCIL TO SEVEN, MORE REPRESENTATION, ALL THE THINGS, BUT WHAT YOU'RE CONCERNED WITH IS THE POSSIBLE UNINTENDED CONSEQUENCES OF WE COULD BE FORCED AND YOU WOULD LIKE A COMFORT LEVEL TO SAY, HEY, I NEED TO KNOW THAT THAT DOOR SHUT PRETTY TIGHT BEFORE WE MOVE FORWARD, IS THAT FAIR?
>> CORRECT. AT ONE POINT, I PROBABLY HAD A PRETTY GOOD COMFORT LEVEL ON THAT BUT AGAIN, WHEN MR. HYDE COMES BACK AND SAYS, I NEED TO SEE YOUR DEMOGRAPHIC INFORMATION.
AGAIN, WHEN YOU JUST LOOK AT THE MATH AND I'M NOT SAYING MAYBE THERE'S NO RISK TO IT AT ALL.
BUT I THINK WHEN YOU'RE LOOKING AT JUST BY ADDING TWO MORE SEATS ON THERE TO ME, IT JUST SEEMS DOESN'T INCREASE IT THAT MUCH? I DON'T KNOW. THAT'S WHAT I HAVE.
>> I WOULD SAY TO MAKE A STATEMENT THAT BECAUSE AGAIN, LOSS OF EMAILS AND THAT TYPE DEAL IS YOU MADE THIS POINT IS WE'VE GOT TO DO WHAT'S BEST FOR THE CITY PERIOD.
WE'RE MAKING A DECISION FOR THE CITY.
IT DOESN'T MEAN WE'RE FOR OR AGAINST ANY OF THESE PROPOSED CHANGES.
FIVE OF US HAVE AN OPINION ON WHETHER WE FEEL THIS IS GOOD OR BAD BUT WE'RE IN A UNIQUE SITUATION OF WE'VE GOT TO SIT UP HERE AND MAKE A DECISION BASED ON WHAT'S BEST FOR THE CITY TO LISTEN TO THE VOTER TO SAY, HEY, LET'S PUT THIS BEFORE THE VOTER AND LET THEM DECIDE.
HOWEVER, WE'RE HELD AT A LITTLE BIT HIGHER LEVEL BECAUSE YOU ELECTED US TO SAY, YOU KNOW WHAT? DO YOUR RESEARCH BEFORE YOU PUT IT OUT THERE BECAUSE I LOVE EVERYBODY IN THIS ROOM BECAUSE YOU PAY ATTENTION.
YOU'RE PROBABLY MORE WELL EDUCATED ON THESE TOPICS THAN MOST.
THAT'S THE SCARY THING OF THROWING SOMETHING OUT THERE TO THE VOTER THAT THEY DON'T QUITE UNDERSTAND WHETHER IT'S THE SANCTUARY CITIES ORDINANCE OR WHICH WE HAD A DISCUSSION ABOUT, OR EVEN THESE OF WHAT IT REALLY MEANS.
>> I RESPECT LESS FOR SAYING, HEY, WE OWE A GREATER DUTY TO MAKE SURE THAT WE'RE NOT EXPOSING THE CITY TO SOMETHING THAT I THINK WE ALL AGREE ON THAT SINGLE MEMBER DISTRICTS ARE NOT GOOD FOR THE CITY.
IT'S NOT GOOD IN SEVERAL CITIES THAT WE CAN LOOK AT AND SAY, WOW, THERE'S A LOT OF IN FIGHTING AND A LOT OF DIVISION AND FIGHT OVER MONEY. IT'S NOT GOOD.
IF THAT LEAVES THE DOOR OPEN, THEN THEN THAT IS OUR JOB TO SAY, HEY, WE'VE GOT TO PROTECT OUR CITY AND MAKE SURE WE DON'T GO THERE.
AGAIN, WHETHER WE'RE FOR OR AGAINST ANY OF THESE, WE DON'T GET TO CAMPAIGN ON THAT AND NOR WILL YOU HEAR US SAY THAT WE ARE FOR OR AGAINST ONE OF THESE AMENDMENTS.
>> BUT, TO JUST PUT IT OUT THERE, AGAIN, WE'RE TRYING TO MAKE THE BEST DECISION, BUT ALSO LISTEN TO THE VOTER AND THE PEOPLE THAT PUT US UP HERE TO SAY, "HEY, WE WANT TO HEAR, WE WANT THEIR VOICE TO BE HEARD.
WE WANT THAT." BUT, WE GOT TO BE CAREFUL THAT WE'RE NOT OPENING THE DOOR TO SOMETHING ELSE.
I DID TALK TO MR. HYDE ABOUT THIS, AND HE SAID TO ME, "I'M IN NO MORE DANGER OF CREATING SINGLE MEMBER DISTRICTS BY GOING TO SEVEN." HE SAID IT COULD HAPPEN TODAY WITH FIVE.
BECAUSE ALL IT TAKES IS SOMEBODY TO COME IN, AND SAY THEY WANT TO LOOK AT IT.
THIS HAPPENED TO THE CITY IN 2005.
WE WERE SUED, AND AT THE END OF THE DAY, THEY CAME AT US 30 TIMES WITH DIFFERENT DISTRICTS REDRAWN.
THEY COULD NEVER MAKE IT WORK.
WITH 6, IT DOES CREATE A BIGGER DEAL, BUT WE COULD BE HELD TO THAT STANDARD TODAY.
>> I THINK IF LESLIE NEEDS MORE TIME, I DON'T SEE WHY WE CAN'T GET MORE TIME.
>> I APPRECIATE THAT AND THERE'S TIME TO [OVERLAPPING]
[02:15:04]
>> LET'S WAIT UNTIL THE LAST MINUTE TO BRING THIS UP BECAUSE HE GOT MORE INFORMATION.
>> NO. LET'S GO BACK AND RECAP HERE REAL QUICK.
YOU WOULD BE ABLE TO PUT ANY OF THE CHARTER AMENDMENTS UP TOGETHER IN MAY, AND THEN YOU CAN COMMUNICATE TO YOUR VOTER, "HEY, TODAY WE'RE ASKING YOU TO GET OUT AND VOTE IN MAY, " AND YOU'RE SELECTING AMONGST FIVE POSITIONS.
BUT WE'RE ALSO GOING TO ASK YOU, VOTE FOR WHO YOU WANT, BUT THEN ALSO VOTE FOR EXTENDING TERMS OR STAGGERING TERMS OR ADDING TWO MORE COUNCIL MEMBERS, AND YOUR VOTER HAS TO SAY, "WHEN DO THEY START?" WELL, THEY DON'T START FOR TWO MORE YEARS.
EVEN IF YOU VOTE FOR FOUR-YEAR TERMS, WE'RE ONLY RUNNING FOR TWO YEAR TERMS. WELL, WHAT ABOUT THE TWO ADDITIONAL ONES YOU'RE ASKING ME TO VOTE FOR? YOU WON'T GET THOSE FOR TWO MORE YEARS OR 12 MONTHS, MAYBE IF WE COULD WORK IT IN.
I DOUBT IT. I THINK FOUR YEAR STAGGERED TERM THE WAY YOU'D GO.
THE TIMING THAT WE HAVE HERE IN FRONT OF US, AND WE KNEW THIS WHEN WE SAID, "HEY, LET'S TOUCH THE CHARTER.
LET'S GET THE COMMITTEE, LET'S PUT EVERYBODY TOGETHER." WE KNEW WE HAD A DEADLINE OF, AM I SAYING AUGUST 19TH, CORRECT, FOR NOVEMBER 5TH.
MEANING, IT MAKES GOOD SENSE TO CHANGE THE CHARTER IF YOU'RE GOING TO IN NOVEMBER, AND THEN LET YOUR VOTERS KNOW WHO THEY'RE RUNNING FOR.
CREATE THOSE TWO ADDITIONAL POSITIONS, SO YOU HAVE MORE PEOPLE THAT CAN RUN FOR THOSE NOW, KNOW YOU'RE GOING TO HAVE THOSE STAGGERED TERMS, KNOW WHAT LENGTH OF TERM YOU'RE RUNNING FOR BECAUSE SOME ARE GOING TO RUN FOR TWO, SOME ARE GOING TO RUN FOR FOUR.
IF WE SAID, "HEY, LET'S KICK THIS DOWN THE ROAD, " WHAT I'M TELLING YOU IS, YOU DECIDED NOT TO TOUCH IT.
YOU DECIDED WE'RE NOT DOING THIS BECAUSE YOU'RE NOT GOING TO PUT IT UP IN MAY.
I'D CHALLENGE ANY OF US TO SAY THAT WE ARE GOING TO PUT THIS UP FOR MAY ELECTION, AND I'M NOT SAYING THAT'S THE ONLY OPTION.
BUT THE COMMUNICATION EFFORT TO COMMUNICATE TO OUR GENERAL PUBLIC, THAT YOU'RE ONLY GOING TO VOTE FOR FIVE, BUT WE'RE ASKING YOU IF YOU'D LIKE TWO MORE ON THE SAME DAY.
BUT THEN YOU'RE NOT GOING TO GET THOSE TWO MORE FOR TWO ADDITIONAL YEARS.
NOW, I HAVE ONE ANALOGY AND IT'S ONLY BECAUSE I NEVER USE ANALOGY.
[LAUGHTER] IF I GET IN MY TRUCK AND I DRIVE DOWN AT 40 BY MYSELF, I RUN THE RISK OF GETTING IN A WRECK.
I COULD HAVE A TRAFFIC ACCIDENT.
THIS WE'RE LOOKING AT IS IT'S A WRECK.
WE DON'T WANT TO HAVE A WRECK FOR OUR CITIZENS WITH 507.
BUT IF I PUT MYSELF AND FOUR PEOPLE IN MY TRUCK, AND I DRIVE DOWN AT 40.
I RUN THE SAME RISK OF GETTING IN THAT WRECK.
I DON'T HAVE A GREATER RISK WITH MORE PEOPLE IN THE TRUCK.
IF I HAVE SIX OF US OR SEVEN OF US DRIVING IN THAT TRUCK, I HAVE A SINGULAR RISK OF HAVING ONE VEHICLE HIT ME.
REALIZE ONCE AGAIN WHAT I'M SAYING, AND IF I'M WRONG, PLEASE PROVE ME WRONG.
YOU CAN CREATE A SINGLE MEMBER DISTRICT, ONE DISTRICT AT ANY TIME IF YOU HIRE THE DEMOGRAPHER AND YOU GO OUT AND YOU CAN SHOW THAT THESE METRICS HAVE BEEN MET.
NOTHING IS PREVENTING YOU FROM TRYING THIS AND IT WAS TRIED BEFORE AND THEY CAME, HOWEVER MANY DIFFERENT WAYS AND IT WAS UNSUCCESSFUL.
WHETHER THERE'S ONE PERSON IN THE TRUCK OR SEVEN OF US IN THE TRUCK, THE RISK IS THE SAME.
THAT'S WHAT I'M ASKING YOU TO CONSIDER.
YOU ARE NOT PUTTING YOUR PUBLIC AT A GREATER LEVEL OF RISK ANY MORE THAN YOU DRIVING DOWN AT 40 WITH YOURSELF OR WITH SOMEBODY.
>> PARTICIPANTS ARE WAITING IN THE LOBBY.
TO ADMIT ALL PARTICIPANTS IN THE LOBBY, PRESS, STAR, 2, 1.
>> I WASN'T SAYING DELAY TIL MAY.
I THINK THE ELECTION NEEDS TO BE IN NOVEMBER, SO I WAS NEVER THINKING.
>> I APOLOGIZE THEN. I WAS ASSUMING THAT.
>> I'M JUST TELLING YOU FROM THE VIEWPOINT, THE THREE I'M FINE WITH.
IT'S THE FOURTH ONE THAT I DO HAVE SOME CONCERN ABOUT.
>> WHAT YOU'RE ACTUALLY PROPOSING IS ON THIS ITEM.
LET'S REMOVE THIS ITEM AND YOU'RE THINKING, MOVE FORWARD WITH THE OTHER THREE STILL IN NOVEMBER.
THEN WE WOULD HAVE A TWO YEAR.
MS. COGGINS, CAN YOU TELL ME, OR MR. ATTORNEY, IS IT TWO YEARS BEFORE YOU COULD PROPOSE ANYTHING ELSE, MUCH LIKE A?
>> MUCH LIKE OUR RESIDENCE REQUIREMENT, GEOGRAPHIC REQUIREMENT.
WE'RE SAYING MOVE FORWARD NOW, STILL MAKE SENSE TO PUT THIS TO THE VOTER HERE AND NOW.
COUNCIL, WITH THAT AND SOME GOOD DISCUSSION THAT'S BEEN HAD.
DO I HAVE ANY ONE HERE THAT FEELS IT'D BE BETTER FOR OUR COMMUNITY TO HAVE THREE BALLOT MEASURES INSTEAD OF FOUR, MEANING WE WOULD REMOVE THE ADDITIONAL TWO COUNCIL MEMBER?
[02:20:05]
>> IN CASE YOU DIDN'T KNOW, THAT'S WHERE I AM.
>> I KNOW THAT'S WHERE YOU ARE.
YOU COULD MAKE A MOTION OR SOMEONE ELSE COULD MAKE A MOTION.
I'M JUST GIVING US AS A GOOD HEALTHY COUNCIL AN OPPORTUNITY TO TRY TO WORK THROUGH IT TOGETHER.
I THINK IF THAT'S WHERE YOU ARE LESS, WHAT I WANT TO CONSIDER IS THE WAY IN WHICH I COULD REQUIRE YOUR VOTE.
I COULD REQUIRE YOUR VOTE IF A MOTION IS MADE THAT ALL FOUR END UP ON THE BALLOT, AND YOU'RE FORCED TO VOTE AGAINST THREE THAT YOU ACTUALLY AGREE WITH.
I WOULD ASK MY CITY ATTORNEY THE WAY THAT THIS HAS BEEN PROPOSED, WHAT WOULD BE AN OPTION OR A MEASURE IF I DIDN'T WANT A COUNCIL MEMBER TO BE REQUIRED TO VOTE AGAINST THREE GOOD MEASURES JUST TO STAND ON ONE THAT HE DISAGREED WITH?
>> YOU COULD ONLY DO IT A COUPLE OF WAYS.
YOU COULD JUST FILE AND SOMEONE COULD JUST MAKE A MOTION FOR PASSING IT AS IT IS.
HE WOULD HAVE TO VOTE AGAINST IT THEN, OR YOU COULD MAKE A MOTION JUST TO REMOVE THAT ONE AND SEE IF IT CARRIES.
>> COULD WE MAKE A MOTION TO APPROVE THEM INDIVIDUALLY?
>> YOU KNOW WHAT I'M SAYING? IF I MAKE A MOTION TO ACCEPT [INAUDIBLE].
>> THIS WHOLE THING ONE ORDINANCE. CORRECT.
YOU MIGHT BE ABLE TO DO IT, BUT IT'S NOT AS CLEAN. IT'S MESSY.
>> I GOT A TEXT THAT MR. HAWKINS WOULD LIKE TO MAKE A COMMENT.
WE HAVE IGNORED YOU HERE, AND THANK YOU FOR BUTTONING IN.
>> THAT'S QUITE ALL RIGHT, MR. MAYOR, MEMBERS OF COUNCIL.
I UNDERSTAND THE CONCERN COUNCIL MEMBER SIMPSON ON THE SINGLE MEMBER DISTRICT ISSUE.
I THINK THE COMMITTEE WAS VERY CONCERNED AT THE OUTSET OF DOING SOMETHING THAT WOULD INADVERTENTLY CREATE SINGLE MEMBER DISTRICTS.
IN OUR RUN UP, WE HAD PRESENTATION BY MR. MCKAMEY ABOUT THE VOTING RIGHTS ACT AND THOSE KINDS OF THINGS.
HE WAS ABLE TO TELL US THAT IN HIS OPINION, AND THAT'S WHAT WE HAVE AS AN ATTORNEY'S OPINION, THAT GOING FROM 5-7 WOULD NOT INCREASE THE RISK OF BEING FORCED TO GO INTO SINGLE MEMBER DISTRICTS.
I THINK AS A GOOD I CAN'T SAY GUARANTEED, BUT AS GOOD OF A THOUGHT AS IS AVAILABLE AT THIS POINT IN TIME.
I THINK IT'S IMPORTANT ALSO TO NOTE THAT WHEN THE COMMITTEE WAS CONSIDERING SINGLE MEMBER DISTRICTS VERSUS THE HYBRID MODEL THAT WAS RECOMMENDED BY THE COMMITTEE, ONE OF THE CONSIDERATIONS WAS TAKING A LOOK AT THE VOTING RIGHTS ACT, AND HOW THE DEMOGRAPHICS OF THE CITY PLAYED OUT.
I THINK IT'S COMFORTING TO NOTE THAT THE PLANNING STAFF WAS ABLE TO COME UP WITH A SERIES OF DISTRICTS OR GEOGRAPHIC AREAS THAT WOULD COMPLY WITH THE VOTING RIGHTS ACT AS FAR AS THE DISTRIBUTION OF VOTING AGE POPULATION, SO THAT YOU WOULD BE WITHIN THE PARAMETERS REQUIRED IN THE VOTING RIGHTS ACT.
I THINK THAT THERE IS SOME FEELING THAT WHETHER IT WAS THREE GEOGRAPHIC AREAS OR ANOTHER NUMBER, THE DEMOGRAPHICS OF AMARILLO WOULD SUPPORT HAVING THOSE DONE WITHOUT NECESSARILY GOING TO SINGLE MEMBER DISTRICTS.
I THINK THAT WAS ONE OF THE REASONS THAT THE COMMITTEE HAD PROPOSED THE HYBRID MODEL WHERE YOU MAINTAINED THE MAJORITY OF THE COUNCIL MEMBERS BEING ELECTED AT LARGE, AND HAVING THE GEOGRAPHIC REPRESENTATIVES ELECTED, BUT THEY WERE ELECTED AT LARGE, SO THE ENTIRE COUNCIL CONTINUED TO REPRESENT THE WHOLE COMMUNITY.
I THINK THAT WAS AN IMPORTANT CONSIDERATION AND SOMETHING THAT WAS WELL-REASONED BY THE COMMITTEE.
I WOULD LIKE TO JUST NOTE THAT WHEN IT COMES TIME TO TALKING ABOUT THE PROPOSITIONS AND THE MEASURES INCLUDED IN THE ORDINANCE, THERE'S A CORRECTION THAT WE NEED TO MAKE ON PROPOSITION C, AND SO AT THE APPROPRIATE TIME, I'D LIKE TO DISCUSS THAT WITH YOU, MR. MAYOR AND MEMBERS OF THE COUNCIL.
>> LET'S REVISIT THIS HERE ONE MORE TIME.
I BELIEVE I'M LOOKING FOR A WAY.
TO NOT PUT MY COUNCIL MEMBER IN A POSITION OF,
[02:25:05]
"I STATED MY POSITION ON THIS ONE PART, BUT I AGREED WITH THE REST OF IT, SO I VOTED FOR IT BECAUSE THERE WAS MORE IN IT THAT I LIKED THAN I DISLIKED." THAT'S AN OPTION, COUNCILMAN SIMPSON.THERE ARE OTHER WAYS THAT YOU COULD PUT SOMETHING ON THE RECORD.
IF YOU CHOSE TO MAKE A MOTION AND IT DOESN'T PASS OR IT DOESN'T GET SECONDED, THEN AT LEAST YOU'RE ON THE RECORD THAT WAY IN WHAT YOU WERE TRYING TO DO, AND I THINK THAT THAT IS HELPFUL SOMETIMES IN COMMUNICATION.
I DON'T BELIEVE BRIAN, THAT I HAVE AN OPPORTUNITY TO SPLIT THIS THING APART, BECAUSE OF THE WAY IT'S BEEN NOTICED TO THE PUBLIC.
>> I WOULD NOT RECOMMEND DOING THAT.
>> I WOULD HATE TO PUT SOMETHING OUT THERE THAT THEN I DIDN'T NOTICE THE WAY WE VOTED ON IT AND WHEN WE TRIED TO GET TO TOO SLICK.
I BELIEVE THAT WE HAVE THE VOTES TO MOVE FORWARD WITH THIS, AND I BELIEVE THAT I'VE UNDERSTOOD YOUR POSITION ON THAT ITEM.
KNOWING THAT YOU DO STILL WANT TO MOVE FORWARD WITH THE CHARTER AMENDMENTS, AND THAT IT'S JUST A TIMING ISSUE, I HOPE WE'RE DOING EVERYTHING TO BE WORKING IN GOOD FORM HERE, SO THAT WE CONTINUE WORKING WELL WITH EACH OTHER.
DO YOU HAVE ANY OTHER OPTIONS OR ANYTHING ELSE THAT YOU'RE THINKING?
>> NO. I WOULD SAY, AND AGAIN, I HAVE A TREMENDOUS AMOUNT OF RESPECT FOR THE WORK THAT THE COMMITTEE DID.
THIS IS NOT THAT IT'S SOMETHING THAT I DISAGREE WITH WHAT THE COMMITTEE SAID.
IT'S JUST FOR THIS ONE, IT'S SOME CONCERN THAT I HAVE THAT I WOULD LIKE TO HAVE MORE INFORMATION ON BEFORE I WOULD DETERMINE, EVEN HOW I WOULD VOTE ON IT.
AND AGAIN, I DON'T REMEMBER US DIVIDING IT INTO THREE GEOGRAPHIC AREAS.
I DIDN'T REALIZE THAT WE HAD GONE DOWN TO LOOKING AT RACIAL VOTER TURNOUT.
I THOUGHT IT WAS JUST IN GENERAL ABOUT REGISTERED VOTERS.
I DIDN'T KNOW THAT THOSE MAPS TOOK INTO ACCOUNT WHAT WE'RE TALKING ABOUT HERE, MAJORITY MINORITY DISTRICTS, SO THAT THEY DID, THEN I MAY HAVE MISSED IT.
THEN THE OTHER THING IS TO YOUR POINT.
I'VE NEVER SEEN ANYBODY ADD JUST ONE SINGLE MEMBER DISTRICT.
IF YOU GET THEM ADDED, IT'S GOING TO BE FOUR AND TWO, OR IT COULD BE ALL SINGLE MEMBER DISTRICTS.
IT'S JUST NOT A MATTER OF JUST CREATING ONE, DEPENDING ON WHAT THAT COULD LOOK LIKE.
RIGHT NOW, I NEED A HIGHER LEVEL OF COMFORT THAT WE'RE NOT PUTTING OURSELVES IN THAT POSITION.
I WOULD PROBABLY BE THERE EXCEPT WHEN MR. HYDE JUST SAID, "I NEED YOUR VOTING INFORMATION FOR ME TO SEE HOW THE LAW APPLIED TO YOU, AND THAT PART IS STILL MISSING AT THIS POINT.
>> WELL, I JUST WOULDN'T. I'D MOVE IT BACK OVER TO DENNIS HERE IN A MINUTE, BUT I JUST TELL YOU, WE ALL RESPECT YOUR VOTE, WHETHER YOU'RE ABLE TO MOVE FORWARD WITH IT, STATING YOUR OBJECTION TO THAT ITEM OR IF YOU'RE AGAINST IT BECAUSE OF THE ONE ITEM.
I THINK THAT IT IS STILL THE WAY THAT THIS SYSTEM WORKS, AND WE MOVE.
WE NEVER STAND STILL, AND SO WE GOT TO CONTINUE.
BUT DENNIS, ARE YOU REFERENCING STAGGERED ON PROP C OR DID YOU HAVE SOMETHING ELSE ON THAT ONE?
>> YES. ON THE PROPOSITION C, THE LANGUAGE INCLUDES THE SECTION ABOUT [INAUDIBLE] ELECTION BEING HELD IN MAY 2025 WITH THE TERMS ESTABLISHED STAGGERED ESTABLISHED BY ORDINANCE.
BUT IF YOU LOOK AT THE ORDINANCE ON PAGE 3, SECTION 3.2, THE MEASURE ITSELF DOES NOT INCLUDE THAT LANGUAGE.
WHAT I WOULD ASK IS THAT THE LANGUAGE ON PAGE 3, SECTION 3.2 BE EXPANDED WHERE AFTER THE PHRASE ELECTED FOR A TERM OF FOUR YEARS, INSERT THE PHRASE THAT'S IN THE PROPOSITION, EFFECTIVE WITH THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION TO BE HELD IN MAY 2025, TERMS STAGGERED AS ESTABLISHED BY ORDINANCE, SO THAT THE PROPOSITION AND THE MEASURE WOULD BE SIMILARLY WORDED.
I KNOW WE HAD COVERED THAT, BRIAN, ALREADY WITH BOTH ATTORNEYS, AND WE FELT LIKE THE MEASURE WOULD NOT BE THE RELIANT BECAUSE WE WOULD HAVE AN ORDINANCE THAT COUNCIL WOULD THEN NEED TO PUT FORWARD THAT WOULD PUT THIS INTO ACTION.
>> THAT IS CORRECT. ANYTIME YOU PASS A CHARTER AFTER THE ELECTION, YOU DO AN ENABLING ORDINANCE AND THAT ORDINANCE COULD STAGGER THE TERMS BASED ON WHAT THIS COUNCIL DECIDES.
>> DENNIS, I HEAR YOUR CAUTION IN THAT OF, GO AHEAD AND ADD IT.
[02:30:05]
BRIAN, DO YOU SEE SOME WISDOM IN ADDING THAT LANGUAGE OR DO YOU FEEL LIKE IT CAUSES ANY ISSUE?>> NO, I DON'T THINK IT CAUSES ANY ISSUE, BUT WHAT I WOULD, YOU CAN ADD IT.
IT'S NOT GOING TO CAUSE ANY ISSUE.
THE PROPOSITION'S GOT THE LANGUAGE IN IT THAT YOU NEED.
>> IF I FLIPPED THAT BACK AROUND, YOU'RE COMFORTABLE AS STATED IF WE MOVE FORWARD ON IT. WE WOULDN'T HAVE ANY PROBLEM? [OVERLAPPING]
>> ABSOLUTELY. WHAT DENNIS ADDS IS FINE BECAUSE THE MEASURE TRACKS THE PROPOSITION THEN THAT'S FINE.
>> COUNSEL, QUESTIONS ON THAT?
>> WE'RE LEAVING IT AS FINE, IS WHAT YOU'RE SAYING AS WELL BECAUSE WE'LL COME BACK AND DO AN ORDINANCE, IS THAT WHAT YOU'RE SAYING? [OVERLAPPING]
>> YES. IF YOU'RE GOING TO STAGGER.
THE PROBLEM IS THE MEASURE DOESN'T MENTION IT, AND SO I DO THINK IT WOULD BE GOOD TO MATCH THEM UP.
>> OKAY. WE'LL ERR ON THAT SIDE AND BE A LITTLE MORE CAUTIOUS AND PUT THE ADDITIONAL WORDING IN THERE.
COUNSEL, WE'VE WALKED THIS ONE ALL THE WAY AROUND.
I KNOW WE MAY HAVE A FEW OTHER OPTIONS HERE.
COUNCILMAN SIMPSON, DO YOU HAVE ANYTHING YOU'D LIKE TO MOVE ON?
>> YES, SIR. I WILL MOVE THAT WE PLACE PROPOSITION C, D, AND, E ON THE BALLOT IN NOVEMBER WITH THE CHANGES THAT WERE JUST MENTIONED.
>> WE HAVE A MOTION FOR THOSE STRIKING MEASURE AND PROP B, DO I HAVE A SECOND?
>> YEAH, I'LL SECOND THAT. TELL IT NEEDS TIME.
>> DO I HAVE ANY FURTHER DISCUSSION.
>> WHEN'S THE DEADLINE FOR THIS ONE? SAME DATE AS [INAUDIBLE]?
>> YEAH. YOU WOULD MOVE WITH FOUR YEAR STAGGERED TERMS, RECALL, WHAT ELSE DO I HAVE HERE? THE EXTENDED TERMS WITH FIVE PLACES STAGGERED THE RECALL, AND THEN WHAT IS THE OTHER ONE? [OVERLAPPING]
>> RESIGNING OFFICE. [OVERLAPPING]
>> IT'S THE VACANCY? [OVERLAPPING]
>> VACANCY. I COULDN'T THINK OF THE TERM.
>> LES, DO YOU THINK YOU COULD GET THE INFORMATION THAT YOU WANTED BEFORE THE 19TH?
>> I DON'T THINK SO. I THINK IT'S GOING TO REQUIRE A LITTLE BIT OF DUE DILIGENCE.
UNLESS SOMEBODY ELSE KNOWS SOMETHING THAT I'M NOT AWARE OF, BUT I THINK IT WOULD TAKE A LITTLE WHILE TO LOOK AT VOTING PATTERNS, AND POLITICAL COHESIVENESS, AND ALL THOSE THINGS THAT ARE MENTIONED IN THE LAW?
>> I'M GOING TO LET THE CITY ATTORNEY CORRECT ME IF I STEP OUT OF BOUNDS HERE, BUT IN THE EFFORT TO MAKE SURE WE UNDERSTAND THE CONSEQUENCE OF A POTENTIAL VOTE HERE.
IF WE VOTE ON C, D, AND E, STRIKING B, WE'RE NOT ABLE TO CALL ANOTHER MOTION SAYING WE WANT THEM ALL. CORRECT?
>> IT'S DONE. I'M GOING TO MOVE THAT WE ADOPT OR ACCEPT. [OVERLAPPING]
>> WHICH I WAS GOING TO SAY, YOU'VE ALREADY GOT A MOTION IN A SECOND ON THE TABLE, SO YOU NEED TO VOTE FIRST.
YOU'VE GOT A MOTION IN A SECOND TO REMOVE THAT. [OVERLAPPING]
>> I CAN NOT MAKE ANOTHER MOTION IN FULL TO LET BOTH SIT AND THEN VOTE ON THE FIRST ONE FIRST? [OVERLAPPING]
>> WELL, THEN I'M JUST LETTING PEOPLE KNOW THAT MY INTENTION WAS TO MAKE A MOTION TO ADOPT THEM ALL AND THEN I'D LIKE TO VOTE ON THAT.
>> LET ME JUST UNDERSTAND HERE IS THE ONE WHO MADE THE MOTION.
IF THIS MOTION FAILS, CAN ANOTHER MOTION BE MADE TO THEN GO BACK AND APPROVE ALL? THAT'S CORRECT.
>> HOWEVER, IF THIS MOTION PASSES, THEN WE'RE DONE.
OKAY. IS WHAT I'M MAKING SURE THAT MY COUNSEL UNDERSTANDS.
OKAY. ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE.
DO I HAVE ANOTHER MOTION THAT WOULD LIKE TO BE MADE OR WOULD YOU LIKE ME TO MAKE ONE?
>> I WOULD LIKE TO MAKE A MOTION.
>> I'LL MAKE A MOTION. WE ACCEPT ALL OF THEM AS STATED ORDINANCE 8144.
>> COULD I ASK WITH THE INSERTION OF THE LANGUAGE FROM THE PROPOSITION INTO THE MEASURE?
>> DO YOU NEED IT AMENDED OR NO?
>> NO. BUT JUST TO CLARIFY FOR THE RECORD, THAT WILL BE THE ADDITION OF THE LANGUAGE FROM SECTION 4.2 INTO THE MEASURE IN 3.2?
>> SO I'M CLEAR, CHARTER ELECTION DOESN'T REQUIRE ANY SORT OF SUPERMAJORITY OF COUNSEL DOES IT?
>> ANY FURTHER DISCUSSION? I WELL, I HAVE A MOTION. DO I HAVE A SECOND?
>> I DID GET A SECOND ALREADY? I HAVE A MOTION FROM PLACE THREE, A SECOND FROM PLACE TWO, MISS CITY SECRETARY.
[02:35:03]
WITH NO FURTHER DISCUSSION.>> OKAY. MOTION PASSES WITH A 3, 2 VOTE.
GOOD JOB, COUNSEL. LET'S KEEP MOVING.
[10.F. CONSIDER AWARD - UTILITY BILLING AND CUSTOMER INFORMATION SYSTEM SOFTWARE SOLUTION ]
MR. STORES, ARE YOU UP ON THIS ONE? I HAVE YOUR NAME, BUT I'M NOT SURE IF THAT'S YOU.BEFORE I HANDED OFF TO OUR CONSULTANT TO GET INTO DETAILS, I JUST WANTED TO GIVE YOU A LITTLE BIT OF BACKGROUND AS TO HOW WE ENDED UP HERE AND WHY WE'RE HERE TODAY TALKING ABOUT UTILITY BILLING SOFTWARE.
REALLY, IT COMES DOWN TO ACCOUNTABILITY FOR OUR VENDORS.
WE HAVE PRETTY HIGH STANDARDS FOR ALL OF OUR SOFTWARE PROVIDERS.
WE HAD A PAINFUL INSTALL WITH THIS PROVIDER AND AFTER A COUPLE OF YEARS OF MULTIPLE OUTAGES, UPGRADES THAT WEREN'T WELL TESTED AND BROKE OUR SYSTEM.
FRANKLY, HAVING TO ESCALATE ALL OF OUR ISSUES TO THE EXECUTIVE LEVEL TO GET THEM ADDRESSED, SOME OF THOSE STILL LINGERING, INCLUDING OUR WORK DAY INTEGRATION, WHICH WE'RE GETTING NO RESPONSE ON.
WE'VE HAD TO BUILD A WORK AROUND JUST TO GET IT CONNECTED.
IT WAS MY RECOMMENDATION ACTUALLY TO LAURA AND THE TEAM THAT WE TAKE THIS OUT TO RFP BECAUSE WE'RE CLEARLY NOT GOING TO MAKE PROGRESS WITH OUR EXISTING VENDOR.
WE'RE NOT GETTING THE SUPPORT THAT WE'RE PAYING FOR.
WHAT YOU'RE GOING TO SEE TODAY.
I'M REALLY PLEASED IT IS A TEN YEAR CONTRACT, WHICH SOUNDS LONG TERM.
BUT BEAR IN MIND, IT'S A LOT LIKE WE DID WITH WORKDAY.
THE FIRST FIVE YEARS OF THAT CONTRACT ARE FLAT.
THERE ARE NO SOFTWARE INCREASES, AND THIS IS IN AN AGE WHEN THE AVERAGE ANNUAL INCREASE ON A SOFTWARE MAINTENANCE IS 30%.
Y YEAR SIX IS PROJECTED AT A 3% INCREASE WITH A TOTAL OF 16% INCREASE OVER A TEN YEAR TERM.
THAT'S UNHEARD OF. THAT'S A FANTASTIC CONTRACT.
IT ALSO DOES A COUPLE OF THINGS.
IT IS A HARRIS PRODUCT, WHICH IS ALSO OUR PROVIDER FOR AMI AND PAYMENTS, WHICH MEANS A LOT OF THOSE INTEGRATION ISSUES THAT WE WOULD TYPICALLY DEAL WITH MOVING ACROSS VENDORS AREN'T THERE.
IT'LL BE MUCH EASIER TO INTEGRATE IT WITH OUR EXISTING SYSTEM.
IT GIVES US A CONSUMPTION PORTAL, WHICH IS SOMETHING THAT WE NEED ANYWAY, AND WE'RE GOING TO HAVE TO PAY FOR ANYWAY.
THE IMPLEMENTER, WE'VE SELECTED BARRY DUNN.
ALSO HAPPENS TO BE DOING OUR WORKDAY IMPLEMENTATION AS WELL AS OUR PAYMENTS.
THEY DID OUR PAYMENTS IMPLEMENTATION.
THEY KNOW WHERE SYSTEM. THEY'RE VERY FAMILIAR WITH ALL THE PRODUCTS.
I'M VERY PLEASED WITH WHERE WE'RE AT.
I WANTED YOU TO HAVE A LITTLE BIT OF BACKGROUND OF WHY WE'RE HERE.
WE'RE JUST NOT SATISFIED AND WE AS CITIZENS EXPECT US TO PROVIDE GOOD SERVICE, ANYTHING THAT GETS IN THE WAY OF THAT, WE WON'T TOLERATE.
THAT'S WHY WE'RE HERE TODAY AND WITH THAT, I'M GOING TO HAND IT OFF TO RYAN DOYLE WITH BARRY DUNN TO WALK THROUGH SOME OF THE DETAILS.
>> WELCOME, MAYOR. COUNCIL. HAPPY TO BE HERE, SUPPORTING THE TOURISM OF THE CITY FLEW IN LAST NIGHT FROM PORTLAND MAINE WHERE IT'S A LITTLE BIT COOLER THAN IT IS HERE.
WON'T TAKE UP TOO MUCH OF YOUR TIME TODAY.
RICH HIT A LOT OF THE KEY POINTS THAT I REALLY WANTED TO ADDRESS TODAY, BUT WE DO HAVE A QUICK SLIDE SHOW TO GO THROUGH, REALLY TO TALK A LITTLE BIT ABOUT BARRY DUNN, WHAT OUR ROLE IS IN THIS PROCESS, LITTLE BIT ABOUT THE BACKGROUND OF THE PROJECT AS A WHOLE AND CITY STAFF PARTICIPATION.
THEN WE'LL TALK ABOUT WHERE WE'RE HEADED FROM HERE.
MY NAME IS RYAN DOYLE I'M A PRINCIPAL WITHIN BARRY DUNN, AS I MENTIONED, I'M FROM PORTLAND MAINE.
SECOND TIME HERE PRESENTING TO Y'ALL, HAD THE PRIVILEGE OF DOING SO FOR THE WORKDAY CONTRACT.
SO EXCITED TO BE BACK HERE AGAIN.
OUR FIRM HAS BEEN WORKING WITH THE CITY SINCE THE FALL OF 2021, ASSESSING YOUR SOFTWARE NEEDS AND HELPING TO IMPLEMENT NEW AND IMPROVED PROCESSES AND SOFTWARE BOTH.
WE DO THIS WORK ALL OVER THE COUNTRY.
WE DON'T HAVE ANY PREFERRED SOFTWARE VENDORS IN THE MARKETPLACE, SO WE'RE ALWAYS LOOKING TO SERVE OUR CLIENT'S BEST INTERESTS AND THE COMMUNITY THAT YOU SERVE FIRST AND FOREMOST.
JUST A LITTLE BIT ABOUT WHY I'M UP HERE TODAY WITH YOU ALL.
AS RICH TALKED ABOUT, THERE WERE SOME CHALLENGES THAT Y'ALL HAVE BEEN EXPERIENCING OVER THE YEARS, AND SOME OF THEM, I HAVE BEEN RAISED TO MANY OF YOU PROBABLY THROUGH E-MAIL OR PHONE CALLS OR EVEN HERE AT THE PODIUM IN FRONT OF COUNCIL CHAMBERS.
NETWORK OUTAGES, THE SYSTEM BEING DOWN DURING UPGRADES FOR A WEEK OR LONGER, PERHAPS SOME REVENUE SHORTAGES AS WELL BECAUSE OF THE SYSTEM SETUP AND OTHER ISSUES THAT HAVE RESULTED.
ULTIMATELY, THE CITY APPROACHED MARY DUNN AND SAID, CAN YOU HELP US GO THROUGH A PROCESS OF REALLY DEFINING WHAT OUR NEEDS ARE AND HELPING TO GO OUT TO MARKET TO EVALUATE WHAT A FUTURE SYSTEM MIGHT BE ABLE TO DO FOR US.
REALLY LOOKING TO ADDRESS A LOT OF THOSE KEY CHALLENGES THAT THE CITY HAD BEEN EXPERIENCING AND THAT STAFF RELAYED WITH US ALONG THE WAY.
IT'S BEEN A VERY COLLABORATIVE PROCESS.
[02:40:01]
WE'VE HAD ABOUT 12 TO 20 CITY STAFF THAT HAVE BEEN WORKING WITH US FOR THE LAST YEAR AND A HALF, STARTING BACK IN MARCH OF 2023.WE DID GO THROUGH A PROCESS A MEETING WITH STAFF UNDERSTANDING WHAT THE CHALLENGES ARE, AND ALSO WHAT WORKS WELL WITH THE CURRENT SYSTEM.
YOU NEVER WANT TO THROW THE BABY OUT WITH THE BATHWATER, SO TO SPEAK.
WE WANT TO UNDERSTAND WHAT WORKS WELL, WHAT CAN WE CARRY FORWARD, BUT ALSO WHAT CAN WE DO TO IMPROVE SO THAT YOU ALL CAN BETTER RESPOND TO YOUR CUSTOMERS AND SO THAT YOUR STAFF CAN ALSO DO MORE PRODUCTIVE AND MORE ANALYTICAL WORK WITH THE DATA THAT THEY HAVE AVAILABLE AS OPPOSED TO TRYING TO JUST MANAGE THE DATA OR GET THE SYSTEM UP AND RUNNING AGAIN.
DO GO THROUGH A COMPETITIVE RFP PROCESS, RECEIVED 11 PROPOSALS, WHICH IS A GREAT RESPONSE RATE FOR THIS TYPE OF OPPORTUNITY.
CITY WENT THROUGH THE PROCESS OF REVIEWING THOSE PROPOSALS, EVALUATING SOLUTIONS, BRINGING IN FOUR VENDORS TO PROVIDE SOFTWARE DEMONSTRATIONS.
ULTIMATELY, LEADING TO THE SELECTION OF A VENDOR, WENT THROUGH A PRETTY EXTENSIVE CONTRACTING PROCESS, REALLY MAKING SURE THAT THE CITY, THE VENDOR AND BARRY DUNN ALL HAD A GREAT IDEA ON WHAT THE SCOPE LOOKS LIKE, HELPING TO LOCK IN SOME OF THE RATES THAT RICH HAD MENTIONED ABOUT ONGOING MAINTENANCE, AS WELL AS LOOKING AT WHAT ARE SOME POSSIBLE AREAS WHERE THE VENDOR MAY BE ABLE TO PROVIDE SOME ADDITIONAL SUPPORT TO THE CITY THROUGH THE IMPLEMENTATION PROCESS AND BEYOND.
THAT BRINGS US TO THE HARRIS COMPANY.
HARRIS IS A OVERALL COMPANY THAT HAS VARIOUS DIVISIONS WITHIN IT, ONE, THOSE DIVISIONS AS SYSTEMS AND SOFTWARE.
THEY FOCUS EXCLUSIVELY ON MUNICIPAL CUSTOMER SERVICE AND UTILITY BILLING SOFTWARE PROGRAMS. THAT IS THE ONLY THING THAT THEIR STAFF AND THEIR COMPANY IS FOCUSED ON.
FOUR DIFFERENT PRODUCTS THAT ARE PART OF THIS OVERALL PACKAGE THAT FALL UNDER IT.
IT'S CALLED QUESTA IS THE SOFTWARE PRODUCT.
THAT REALLY IS THE BILLING SOFTWARE.
THAT IS THE CUSTOMER MANAGEMENT PORTION OF THE SOFTWARE AS A WHOLE.
THAT IS THAT CUSTOMER SERVICE PORTAL WHERE YOUR CUSTOMERS WILL BE ABLE TO GO IN AND SEE THEIR USAGE, SEE THEIR BILLS, SEE HISTORICAL RATES AS WELL IN THERE.
THAT ALLOWS FOR YOUR FIELD TECHNICIANS TO GO OUT IN THE FIELD AND HAVE DIRECT CONNECTIVITY BACK TO THE SYSTEM.
THAT JUST AVOIDS HAVING TO PRINT OUT PAPERWORK ORDERS AND GO OUT IN THE FIELD EACH DAY, COMPLETE THOSE MANUALLY, GET BACK, ENTER THEM INTO THE SYSTEM.
REALLY HELPING TO MODERNIZE SOME OF THE PROCESSES THAT YOU HAVE IN PLACE.
LASTLY, WHAT'S CALLED A DATA POOL OR A REPORTING TOOL TO HELP REPORT OUT AND RUN ANALYTICS ON THAT INFORMATION THAT'S HOUSED WITHIN THE SYSTEM.
OVERALL, LOOKING AT ABOUT A 12 MONTH IMPLEMENTATION TIMELINE WITH VENDOR TO GET EVERYTHING UP AND RUNNING, THAT INCLUDES THOSE INTEGRATIONS BACK TO OTHER SYSTEMS, INCLUDING THE WORKDAY SYSTEM, INCLUDING TO YOUR SMART METER SYSTEM, AS WELL AS NUMEROUS OTHER SYSTEMS THAT WERE IDENTIFIED DURING THIS PROCESS.
ONE ITEM THAT WILL BE FORTHCOMING ON THE CONSENT AGENDA FOR THE 27TH WOULD BE RELATED TO THAT, OUR PROJECT MANAGEMENT SERVICES FROM BARRY DUNN, HELPING TO CONTINUE TO SERVE IN THE CITY'S BEST INTEREST AS YOUR PROJECT MANAGER THROUGH THE IMPLEMENTATION PROCESS, LEVERAGING OUR KNOWLEDGE AND UNDERSTANDING OF THE WORKDAY PROCESS.
WHAT HAS GONE ON WITH THE PAYMENTS AND KNM IMPLEMENTATIONS, NAM BEING YOUR POINT OF SALE IN PERSON CREDIT CARD SWIPE TECHNOLOGY.
REALLY LOOKING TO SERVE AS THAT KEY POINT OF CONTACT BETWEEN THE CITY PROJECT TEAM, THE VENDOR PROJECT TEAM, HOLDING BOTH THE VENDOR AND THE CITY TEAM ACCOUNTABLE AS WELL TO MEETING DEADLINES, MANAGING TO THE PROJECT SCOPE, AND BUDGET AND TIMELINES OVERALL.
AS PART OF THIS INCLUDES ALSO, OF COURSE, CHANGE MANAGEMENT CONSIDERATIONS, AND WHAT BY THAT IS THE PEOPLE SIDE OF CHANGE BOTH INTERNALLY, BUT ALSO FOR YOUR CUSTOMERS, AND MAKING SURE THAT THEY HAVE TIMELY COMMUNICATIONS ABOUT THE CHANGES THAT ARE COMING, WHAT THEY CAN EXPECT, AND HOW IT IMPACTS THEM, AND IF THEY HAVE QUESTIONS, HOW TO REACH BACK OUT TO THE CITY OR THE VENDOR AS APPROPRIATE THROUGHOUT THE PROCESS.
THAT'S NOT ON TODAY'S AGENDA, BUT THAT IS LISTED FOR A CONSENT AGENDA ITEM FOR THE 27TH.
I'M NOT GOING TO GO THROUGH EACH ONE OF THESE FUTURE GOALS, ANTICIPATED BENEFITS.
HOPEFULLY FOLKS HAVE HAD AN OPPORTUNITY TO REVIEW IT, BUT REALLY WANT TO FOCUS IN ON THE FACT THAT THE CITY'S REALLY BEEN INTENTIONAL AND STRATEGIC ABOUT THIS PROJECT AS A WHOLE, LOOKING TO MAKE SURE THAT BOTH THE COST AND THE EFFORT ASSOCIATED WITH IT ARE GOING TO BE REALIZED ON THE BACK END THROUGH A MORE PRODUCTIVE SYSTEM, THROUGH INCREASED STABILITY AND ACCOUNTABILITY AND THE REVENUE BILLING PROCESS, AS WELL AS HELPING TO PROVIDE MORE TOOLS FOR YOUR CUSTOMERS ALONG THE WAY.
CITIZENS WILL HAVE A MORE MODERN INTUITIVE PORTAL.
THEY'RE GOING TO BE ABLE TO INTERACT WITH YOUR UTILITY DEPARTMENT ON THEIR OWN SCHEDULE AS WELL, SO MAKING SURE THAT THEY HAVE ABILITY TO INTERACT AND GET INFORMATION THEY NEED OUTSIDE OF REGULAR CITY HOURS AS WELL.
FOR STAFF, HOPING TO HAVE A MUCH MORE STABLE SYSTEM, THE SYSTEM IS HOSTED THROUGH ORACLE, AND SYSTEMS AND SOFTWARE HAS STATED THEY'VE NEVER HAD ANY SYSTEM OUTAGES WITH THAT HOSTING MODEL FOR ANY OF THEIR CUSTOMERS.
A BIG IMPROVEMENT OVER WHAT THE CITY HAS EXPERIENCED OVER THE LAST COUPLE OF YEARS.
I KNOW LAST YEAR JANUARY WAS PARTICULARLY TOUGH I THINK THE SYSTEM WAS DOWN
[02:45:04]
FOR ABOUT TWO WEEKS THE CURRENT SYSTEM WAS.LOT OF MISSED OPPORTUNITY THERE FOR CUSTOMER INTERACTION, ALSO MAKING SURE THAT WE'RE STAYING CURRENT IN THE BILLING PROCESS.
>> GOING TO THE NEXT SLIDE, AGAIN, REALLY LOOKING TO MAKE SURE THAT STAFF ARE ALSO ENABLED IN THE PROCESS, OBVIOUSLY, FIRST AND FOREMOST CUSTOMERS AND PROVIDING CUSTOMER SERVICE, MAKING SURE THAT WE'RE COLLECTING ALL THE REVENUE THAT'S OWED TO THE CITY AS WELL, BUT ALSO MAKING SURE THAT STAFF HAVE A MORE DYNAMIC AND EASY TO USE SYSTEM.
ONE OF THE PIECES OF FEEDBACK THAT CAME BACK FROM STAFF AS THEY EVALUATED THE SYSTEM WAS THAT TRAINING NEW STAFF IS GOING TO BE EASIER IN THIS SYSTEM.
IT'S GOING TO BE MORE INTUITIVE, EASIER TO USE, AND THEREFORE ABLE TO UPSKILL STAFF AS THEY JOIN THE CITY OF AMARILLO AND GET THEM PRODUCTIVE IN A QUICKER MANNER AS WELL.
THAT TAKES ME THROUGH THE POWERPOINT PRESENTATION.
I KNOW UTILITY BILLING SOFTWARE IS AND THE TOP OF EVERYBODY'S LIST.
>> JUMP OUT OF BED TO TALK ABOUT.
I FLEW ALL THE WAY FROM MAINE TO TALK ABOUT IT, SO I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
>> QUESTIONS, COUNSEL? GOOD PRESENTATION, SIR. THANK YOU.
>> THANK YOU. DO WE HAVE ANYTHING FURTHER ON THIS ONE, STAFF? ARE WE GOOD? RICH, THANKS FOR DOING THAT.
THEN I WOULD LIKE TO THANK OUR CONSULTANT WHO WAS HERE FOR ITEM 10E.
WE VOTED AND MOVED ON AND I MISSED AN OPPORTUNITY TO THANK DENNIS AND HIS TEAM FOR BEING HERE TODAY AND A GOOD JOB FOR WHAT THEY DID FOR US IN RUNNING THE COMMUNITY GROUP AND THEN I THANK YOU FOR THE CITIZENS THAT SPENT THEIR TIME ON IT.
ITEM 10F IS UP FOR CONSIDERATION? DO I HAVE A MOTION? DID WE RUN OUT OF MOTIONS? CAN SOMEBODY CHECK IN THE BACK? [LAUGHTER]
>> I MOVED TO AWARD TO HUB INTERNATIONAL INCORPORATED, YOU'RE RIGHT. MY BAD.
I MOVED TO AWARD SNS IN QUEST CIS SOFTWARE.
THE CONTRACT FOR 10 YEARS, NOT TO EXCEED $6,987,155 AS STATED, IS THAT PLENTY?
>> I HAVE A MOTION AND A SECOND ON ITEM 10F.
ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE.
>> ANY OPPOSED. ITEM 10F PASSES. THANK YOU FOR BEING HERE.
APPRECIATE YOU. MOVING ON TO ITEM 10G, AND THEN WE'RE CLOSE.
WE JUST HAVE ONE MORE AFTER THAT SO HANG IN THERE WITH US.
[10.G. CONSIDER AWARD - EMPLOYEE BENEFITS BROKERAGE AND CONSULTING SERVICES]
WE HAVE AN AWARD, MR. MITCHELL NORMAN'S UP.SO SIR, IF YOU'LL WALK US INTO THIS ONE FOR OUR CONSULTING FIRM.
>> GOOD AFTERNOON, MAYOR, COUNSEL.
THANK YOU ALL FOR YOUR TIME THIS EVENING.
I HAVE AN ITEM ON THE AGENDA FOR YOUR CONSIDERATION FOR OUR EMPLOYEE BENEFITS BROKER AND CONSULTING SERVICES SO I HAVE A BRIEF PRESENTATION THAT I'LL WALK THROUGH OUTLINING OUR PROCESS AND STAFF RECOMMENDATION, AND I ALSO HAVE OUR CONSULTANT PRESENT TO GIVE A LITTLE BIT OF INFORMATION INSIGHT INTO THEIR ORGANIZATION, AND OF COURSE, ANSWER ANY QUESTIONS THAT YOU HAVE AT THE END OF THE PRESENTATION.
STAFF PUT OUT FOR BID, A REQUEST FOR PROPOSAL FOR EMPLOYEE BENEFITS, BROKER AND CONSULTANT SERVICES AND FOR YOUR AWARENESS, OUR EMPLOYEE BENEFITS, BROKER AND CONSULTANT SERVICES, THEY PROVIDE US A LOT OF INSIGHT AND GUIDANCE THROUGH NAVIGATING THE MEDICAL INDUSTRY.
THAT'S A VERY COMPLEX AND NUANCED INDUSTRY.
THEY PROVIDE US GUIDANCE ENSURE COMPLIANCE WITH FEDERAL REGULATIONS, ALSO HELP US WITH A LOT OF REPORTING THAT'S REQUIRED FOR US TO MAINTAIN AND MANAGE OUR BUDGETS RELATIVE TO OUR SPEND ON OUR MEDICAL PLAN.
THEY DO A LOT OF FORECASTING AND PREPARING REPORTS AS WELL AS STATISTICAL INFORMATION SO THEY HAVE IN HOUSE ACTUARIES AND THINGS LIKE THAT TO HELP US IN PROJECTING OUR COSTS.
THE EVALUATION COMMITTEE WAS COMPRISED OF THREE CITY STAFF MEMBERS.
IT WAS THE HR DIRECTOR, THE FINANCE DIRECTOR, AND THE ASSISTANT DIRECTOR OF HUMAN RESOURCES OVER BENEFITS AND RISK MANAGEMENT.
EACH MEMBER OF THE COMMITTEE INDIVIDUALLY EVALUATED BID SUBMISSIONS SO THERE WERE SEVERAL CONSULTANTS THAT RESPONDED TO THE RFP, AND THE BIDS WERE INDIVIDUALLY SCORED AND THE SCORING CRITERIA ARE REFLECTED ON THE SCREEN THERE.
THE QUALITY OF VENDOR SERVICES, PRICING, THE EXTENT THE SERVICES MEET THE CITY NEEDS INCLUDE THE REPUTATION OF THE VENDOR,
[02:50:03]
THE VENDORS EXPERIENCE WORKING WITH GOVERNMENT ENTITIES, THE LONG TERM COSTS TO THE CITY TO ACQUIRE THE VENDOR SERVICES AND THE VENDORS TEXAS PRESENCE.BASED ON THE CUMULATIVE SCORES, STAFF RECOMMENDING AWARDING THE RFP TO HUB INTERNATIONAL, IT IS A TWO YEAR AGREEMENT AT A COST OF $89,960 ANNUALLY, TOTALING 169,920 FOR THOSE TWO YEARS AND THEN THERE ARE THREE ONE YEAR RENEWAL OPTIONS AND IF THE RENEWAL OPTIONS ARE EXERCISED, THERE IS A POTENTIAL FOR THE ANNUAL RATE TO INCREASE UP TO A MAXIMUM OF 5% EACH OF THOSE RENEWAL PERIODS.
I'D LIKE TO GO AHEAD AND INTRODUCE THE HUB REPRESENTATIVES THAT ARE PRESENT.
THESE ARE THE PRIMARY MEMBERS THAT WE WORK WITH THAT HELP SUPPORT US IN OUR NEEDS.
WE HAVE RANDY MCGRAW AND TY PETTY PRESENT, AND THEY'RE GOING TO COME UP AND SHARE A LITTLE BIT ABOUT THEIR PRODUCT.
>> MAYOR, COUNSEL, THANKS FOR HAVING US TONIGHT.
I'M TY PETTY WITH HUB INTERNATIONAL, THIS MY COLLEAGUE, RANDY MCGRAW.
I WORK OUT OF OUR DALLAS TEXAS OFFICE, WHERE OUR PUBLIC SECTOR PRACTICE IS HOUSED, AND I'LL JUMP RIGHT IN.
SPEAKING OF OUR PUBLIC SECTOR PRACTICE, WE'RE PROUD TO REPORT THAT AS OF 2023, HUB INTERNATIONAL NOW HAS OVER 500 PUBLIC SECTOR CLIENTS ACROSS THE STATE OF TEXAS.
WE'RE HONORED TO SERVE OUR MUNICIPALITIES, SCHOOL DISTRICTS, COUNTIES, AND NOW WE'RE ALSO FINDING OURSELVES GETTING INTO OTHER GOVERNMENTAL ENTITIES SUCH AS RIVER AUTHORITIES AND HOSPITAL DISTRICTS.
WE'RE ALSO REALLY PROUD OF THE FACT THAT IN OUR PUBLIC SECTOR PRACTICE, WE'VE MAINTAINED A 98% CLIENT RETENTION RATE, WHICH I THINK IS A TESTAMENT TO THE LEVEL OF SERVICE AND THE QUALITY THAT WE PROVIDE OUR CLIENTS.
ONE OF THE BIG HIGHLIGHTS OVER THE PAST YEAR, IS WE'VE REALLY EXPANDED OUR PUBLIC SECTOR SPECIALTY PRACTICE BY INCLUDING AN ONSITE CLINICIAN, PHARMACIST, AND A FINANCIAL ANALYTICS DIRECTOR, SO WE CAN FURTHER ASSIST THE CITIES WITH THOSE ISSUES.
I THINK THIS IS OUR MOST POWERFUL SLIDE.
IT SPEAKS TO THE BROAD BASE OF OUR CLIENT BASE.
I'D ALSO LIKE TO ADD THAT WE NEED TO UPDATE THIS BECAUSE WE RECENTLY STARTED WORKING WITH THE CITY OF LUBBOCK, YOUR NEIGHBORS OUT HERE IN THE PANHANDLE.
I HOPE WE ARE ALSO NOT JUST ABOUT CITIES, WE'RE ALSO ABOUT OUR PUBLIC SERVANTS AND PUBLIC SECTOR ASSOCIATIONS.
HUB WORKS WITH ALL THE MAJOR PUBLIC SECTOR ASSOCIATIONS IN THE STATE OF TEXAS FOR BOTH EDUCATION AND BENEFITS.
I ALSO WANTED TO HIGHLIGHT THE DEPTH OF OUR BENCH HERE ON THE HUB PUBLIC SECTOR TEAM.
OUR PRACTICE LEADER, IS A GENTLEMAN NAMED BRENT WEAGER.
HE HEADS OUR PUBLIC SECTOR PRACTICE IN THE STATE OF TEXAS WITH OVER 20 YEARS EXPERIENCE.
OF COURSE, WE HAVE MR. MCGRAW ON OUR TEAM WITH OVER 39 YEARS AND THE REST OF OUR TEAM, AS YOU'LL SEE IN THESE SLIDES.
AGAIN, BRAINING IN OUR SPECIALTY FOLKS SUCH AS OUR WELLNESS CONSULTANT, PHARMACY, ANALYTICS, CHIEF COMPLIANCE, LIKE MITCHELL SAID, COMPLIANCE IS A BIG ISSUE, PARTICULARLY IN PUBLIC SECTOR GROUPS, AS WELL AS OUR ACTUARIAL TEAM AND OUR ANALYTICS AND CLINICAL TEAM.
THAT'S ALL I HAVE FOR YOU ALL TONIGHT BARRING ANY QUESTIONS FROM YOU ALL.
>> HOW WE APPRECIATE THAT. I THINK WE MAY HAVE A FEW QUESTIONS.
>> COUNSEL, YOU HAVE ANYTHING FOR OUR CONSULTANT?
>> I'LL DO MY BEST, MR. MAYOR.
>> YEAH. HOW MANY YEARS HAVE YOU GUYS HANDLED OUR ACCOUNT?
>> FIVE YEARS. IF DO YOU KNOW OFFHAND, LIKE MAYBE THESE ARE THE THINGS WE'VE DONE FOR YOU IN THE LAST FIVE YEARS? HERE'S MY DELIVERABLES.
I'VE CREATED THESE EFFICIENCIES.
WE'VE BROUGHT DOWN THESE COSTS OR WE EVALUATED YOU GUYS AND LIKE, MAN, WE COULDN'T IMPROVE ON ANYTHING, YOU GUYS WERE LOOKING REALLY GOOD.
HAVE YOU BEEN TASKED WITH [NOISE] ANY OF THAT AS OUR CONSULTANT OR WHAT WOULD BE IF YOU COULD DESCRIBE YOUR ROLE, MAYBE IF I'M GOING DOWN A ROAD THAT'S NOT ACCURATE.
>> NO THAT'D BE GREAT. THAT'S ACTUALLY A GREAT QUESTION FOR RANDY BECAUSE HE'S BEEN HERE SINCE DAY ONE WITH YOU.
>> YEAH. RANDY, IF YOU DON'T MIND, JUST TELL ME MAYBE WHAT HAVE YOU DONE FOR THE CITY IN THE LAST FIVE YEARS?
>> GOOD AFTERNOON. I'M RANDY MCGRAW WITH HUB INTERNATIONAL.
WE HIT THE GROUND RUNNING ON JULY 1ST OF 2019.
[NOISE] YOU WERE IN THE MIDDLE OF A PHARMACY CONTRACT RENEWAL AND BY AUGUST 5TH, WE HAD RENEGOTIATED THE OFFER THEY HAD GIVEN YOU AND WITHIN THE FIRST 35 DAYS, IMPROVED THE OFFER BY $400,000 WITH YOUR PHARMACY BENEFIT MANAGER.
[02:55:04]
THEN JUST PROGRESSING THROUGH TIME, THE COUNTY OR THE CITY HAS A PRACTICE OF BIDDING OUT YOUR STOP LOSS REINSURANCE EVERY YEAR, WHICH WE'VE SUPPORTED YOUR RFP PROCESS AND ANALYSIS ON THOSE AND [NOISE] IT'S PRETTY AMAZING, I THINK, IN TERMS OF YOUR STOP LOSS CONTRACT.THE STOP LOSS CONTRACT PROTECTS THE CITY FROM A CATASTROPHIC LOSS ON ANY ONE INDIVIDUAL PERSON, AND YOU CARRY A $750,000 DEDUCTIBLE, WHICH IS PRETTY LARGE FOR CITIES YOUR SIZE.
BUT HISTORICALLY, THE PREMIUM OVER THE FIVE YEARS HAS ONLY INCREASED BY ABOUT 20% TOTAL, AND DURING THAT TIME PERIOD, YOU'VE ONLY HAD THREE PEOPLE EXCEED THE STOP LOSS DEDUCTIBLE, WHICH IS A TESTAMENT TO THE GOOD HEALTH OF YOUR POPULATION.
IN 2020, WE DID A FULL RFP ON ALL OF YOUR PROGRAMS FOR THE MEDICAL, THE DENTAL, THE LIFE, THE DISABILITY, THE PHARMACY, EVERYTHING ALL BUNDLED TOGETHER AND THE END RESULT OF THAT, THAT WAS IN THE PANDEMIC YEAR, OF COURSE.
I WAS HERE ON THE DAY THEY STARTED SHUTTING DOWN ALL OF THE AIRLINES.
I WAS LIKE ON THE LAST FLIGHT OUT OF AMARILLO, MARCH THE 15TH, I THINK IT WAS.
THAT RFP PROCESS READ ITS COURSE BUT THE CITY MANAGEMENT, COUNSEL DECIDED TO RENEW YOUR EXISTING AGREEMENTS AND CARRY FORWARD TO THE NEXT YEAR AND THEN WE DID IT DO OVER AGAIN FOR THE ENTIRE RFP PROCESS IN THE SECOND RFP PROCESS, AND THROUGHOUT THESE, YOU'VE BEEN USING ETNA AS YOUR CLAIMS ADMINISTRATOR.
PRIOR TO USING ETNA, THE CITY SELF ADMINISTERED ITS ENTIRE PROGRAM.
YOU WERE THE CLAIMS PAYER, THE CUSTOMER SERVICE DEPARTMENT, THE NEGOTIATOR FOR HOSPITAL CONTRACTS AND YOU DID EVERYTHING IN HOUSE AND YOU MADE THAT TRANSITION TO WORKING WITH A CLAIMS ADMINISTRATOR, IN THIS CASE, ETNA STARTING IN 2017.
[NOISE] ONE OF THE MOST IMPRESSIVE THINGS I'VE SEEN HERE IS THAT THE CONTRACT THAT THE CITY NEGOTIATED WITH THE NORTHWEST TEXAS HOSPITAL SYSTEM IS ONE OF THE BEST CONTRACTS THAT I'VE SEEN ACROSS THE STATE OF TEXAS AND LIKE TY SAID, WE MANAGE ACCOUNTS ALL ALL OVER THE STATE.
YOUR CONTRACT STANDS UP AGAINST SOME OF THE BEST CONTRACTS I'VE SEEN AND IF YOU MEASURE WHAT WE WOULD REFER TO AS THE AVERAGE DISCOUNT RATE ON YOUR MEDICAL CLAIMS EXPENSE, FOR BLUE CROSS BLUE SHIELD, WHICH IS THE PREMIER LARGEST CLAIMS ADMINISTRATOR INSURANCE CARRIER IN THE STATE OF TEXAS, THEY TEND TO AVERAGE RIGHT AROUND A 70% DISCOUNT RATE IN MOST OF PARTS OF THE STATE.
IN SOME AREAS, CENTRAL TEXAS, 45 MIGHT BE A LITTLE BIT LOWER.
BUT HERE, YOUR CONTRACT, HITS A 76-77% MARK, AND THAT'S OFF OF BILLED CHARGES.
BILL CHARGES FOR ANYBODY THAT'S HAD A CLAIM, THE HOSPITALS MIGHT BILL YOU $100,000 AND THE INSURANCE CARRIER SAYS, IT'S ONLY $20,000 OR A 70% DISCOUNT WOULD MAKE IT 30,000.
BUT 76 WOULD MAKE IT 24 SO IT'S A PRETTY BIG MAGNIFIER.
THE ONLY ENTITY AROUND THE STATE THAT I SEE THAT JUST MARGINALLY OUTPACES YOU IS CAMERON COUNTY AND BROWNSVILLE.
FROM THE PANHANDLE TO THE TIP, THOSE ARE THE TWO PARTS OF TEXAS WHERE I'VE SEEN THE BEST CONTRACTS FOR NEGOTIATED RATES.
YOURS WAS DONE HERE BY YOUR TEAM THEN ONCE YOU STARTED WORKING WITH ETNA, YOU TRANSFERRED THAT CONTRACT TO ETNA FOR THEM TO MANAGE AND THEY'VE BEEN MANAGING IT ALL THROUGH THAT TIME.
THROUGH THE RFP PROCESS, WE'VE IMPLEMENTED NEW PROGRAMS FOR LIFE AND DISABILITY.
THE STOP LOSS PREMIUMS HAVE STAYED AT A RECORD LOW LEVEL.
WE'VE NEGOTIATED INTO THE STOP LOSS CONTRACT WHEN YOU DON'T HAVE ANY LOSSES OR YOUR LOSS RATIO IS BELOW 60%, YOU GET A RETURN OF PREMIUM.
FOR THE LAST THREE YEARS, EVEN OFF THE PREMIUM THAT YOU'VE BEEN PAYING, YOU GET $30,000 ON AVERAGE BACK EVERY YEAR.
WE'RE CURRENTLY IN THE MIDDLE OF CONTRACT NEGOTIATION ON YOUR PHARMACY BENEFIT MANAGEMENT CONTRACT AND THAT'S BEEN A TOUGH ONE SINCE DAY ONE, LITERALLY, AND JUST IN THE LAST WEEK, WE'VE MADE SOME ADVANCES IN THE CONTRACT THAT'S UP FOR RENEWAL.
[03:00:01]
WE'D RECEIVED SOME INDICATION FROM THE CITY ABOUT 10 DAYS AGO TO GO AHEAD AND GO FORTH WITH THE CONTRACT THAT WE HAD FROM THEM OR THE OFFER WE HAD FROM THEM.BUT WE DIDN'T FEEL LIKE THAT WAS THE BEST THAT THEY COULD DO SO WE ASKED AGAIN, JUST TIME OUT, GIVE US ANOTHER WEEK.
AS OF FRIDAY, WE NOW HAVE GOTTEN ANOTHER $400,000 CONCESSION OUT OF YOUR PHARMACY BENEFIT MANAGER IN ADDITION TO SOME OTHER PROGRAMS THAT WE'RE INTERESTED IN IMPLEMENTING AS WELL.
>> CAN WE ASK, RANDY, HOW LONG AGO DID YOU START WORKING ON THAT PHARMACY NEGOTIATION?
>> YES, SIR. THE ONE THAT IDENTIFIED THE SAVINGS IN THAT MATRIX PROGRAM?
>> WE ONLY LEARNED ABOUT THAT TWO WEEKS AGO, I GUESS AND SO I'M JUST CURIOUS HOW LONG AGO YOU GUYS WERE.
>> THE FIRST DISCUSSION WE HAD WHERE WE MENTIONED PAIR MATRIX WAS IN LATE APRIL OF THIS YEAR AS THE CONTRACT CAME UP FOR RENEWAL.
>> YOU IDENTIFIED THE SAVINGS POTENTIAL ON THAT PRESCRIPTION.
>> YES. ACTUALLY, WE'VE BEEN IDENTIFYING A SIGNIFICANT AMOUNT OF SAVINGS THAT WOULD BE AVAILABLE AND I WOULD SAY IT'S LIKE THAT. IT'S LIKE THAT FACTOR.
>> WHAT ELSE HAVE YOU IDENTIFIED?
>> GOING BACK TO THE 2020 CYCLE, WE IDENTIFIED ABOUT A $1,000,000 DIFFERENTIAL BETWEEN YOUR CURRENT VENDOR AND ALL OF THE MAJOR PHARMACY BENEFIT MANAGERS IN THE MARKETPLACE AND THAT RFP GOT REJECTED BY COUNSEL.
>> WE DID IT AGAIN IN 2021, AND AGAIN, WE IDENTIFIED SIGNIFICANT SAVINGS OF OVER A MILLION DOLLARS EACH CASE, BUT AGAIN, THE DIRECTION CAME BACK TO GO AHEAD AND CONTINUE RENEWING YOUR CONTRACT WITH MAXOR.
THIS IS THE FIRST RENEWAL CYCLE SINCE THE 2021 TIME PERIOD WHERE WE'VE HAD THE OPPORTUNITY TO GO BACK IN AND RENEGOTIATE THAT.
WE KNOW THAT THERE'S SIGNIFICANT SAVINGS BECAUSE WE DO THIS ALL THE TIME, AND THERE'S A PROCESS.
WE'VE HAD SOME DISCUSSIONS HERE WITH THE CITY AS WELL ON IF YOU WANTED TO PUT THE CONTRACT OUT TO BID OR TO SEEK ANOTHER SUPPLIER, WOULD THERE BE TIME TO DO THAT BEFORE, SAY, JANUARY THE 1ST, AND THE ANSWER IS YES, AND THERE'S VARIOUS WAYS THAT YOU CAN GO ABOUT DOING THAT.
THE STANDARD PROCESS IS THROUGH A REQUEST FOR PROPOSAL PROCESS, WHICH IS WHAT WE'RE RESPONDING TO RIGHT NOW FOR YOU, AND THAT PROCESS TAKES TIME.
YOU HAVE TO ADVERTISE IT, RUN IT THROUGH YOUR PURCHASING DEPARTMENT, BRING AN EVALUATION TEAM.
THAT WOULD PROBABLY TAKE ABOUT 90 DAYS OR SO TO RUN ITS COURSE, WHICH WOULD MAKE THE AWARD DATE FALLING CLOSE TO THE START OF THE YEAR, WHICH WOULD PUT SOME PRESSURE ON GETTING THINGS IMPLEMENTED IN TIME FOR JANUARY 1.
THERE ARE OTHER WAYS AND VEHICLES THAT YOU CAN USE TO ACCOMPLISH THE SAME THING.
THE ONE THAT WE'VE USED SUCCESSFULLY IS EITHER WORKING THROUGH A COOPERATIVE OR THROUGH AN INTERLOCAL AGREEMENT.
I'M SURE THE CITY HAS ENTERED INTO INTERLOCAL AGREEMENTS WITH OTHER PUBLIC ENTITIES TO SHARE PARK SPACE OR BUILDINGS OR THINGS LIKE THAT.
THE INTERLOCAL AGREEMENT SATISFIES THE PURCHASING REQUIREMENT.
A TECHNIQUE THAT WE'VE USED TO HELP LARGE CLIENTS OUT OF JAMS WHEN THE TIME IS OF ESSENCE IS TO GO THROUGH THE INTERLOCAL PROCESS.
THE WAY WE WOULD DO THAT IS WE WOULD FIRST GO OUT AND OBTAIN PROPOSALS FOR YOU ON YOUR BEHALF FROM VARIOUS INTERESTED PARTIES, ANYBODY THAT YOU WOULD SUGGEST, PLUS ALL OF THE MAJOR PHARMACY BENEFIT MANAGERS IN THE AREA.
WE WOULD CONDUCT THE ANALYSIS, WHICH WE DID BACK IN 2020, AND SEGUE FOR A MOMENT BECAUSE WHEN WE FIRST CAME HERE AND WE DID THE ANALYSIS, IT WAS THE FIRST TIME THAT THE CITY HAD SEEN HOW DEEP WE DIVE INTO THE DATA.
IN FACT, IT WAS SO DEEP THAT IT SPARKED PUSHBACK FROM YOUR LOCAL VENDOR, HE MADE REPRESENTATIONS THAT WE DIDN'T KNOW WHAT WE WERE DOING AND SO THE CITY, WHICH I THOUGHT WAS WEIRD, HIRED THREE OTHER CONSULTANTS TO CHECK OUR WORK.
THEY ALL CHECKED OUR WORK AND THEY CAME BACK STELLAR.
THAT'S WHAT WE'VE BEEN DOING ALL THIS TIME AND WE WOULD DO THAT AGAIN IN THIS PROCESS.
WE WOULD OBTAIN THE PROPOSALS AND THEN BECAUSE WE HAVE SO MANY PUBLIC ENTITY CLIENTS, INCLUDING SOME HERE IN THE PANHANDLE, IN FACT, OUR ACCOUNT MANAGER LIVES HERE IN AMARILLO.
WE HAVE AN EMPLOYEE SERVICE SENIOR ACCOUNT THAT LIVES HERE IN AMARILLO.
WE WOULD IDENTIFY WHO IS THE BEST PLAYER ONCE YOU AGREE THAT THAT'S THE ONE THAT YOU WOULD WANT TO USE, THEN WE WOULD IDENTIFY A PUBLIC ENTITY THAT ALREADY HAS A CONTRACT WITH THEM, ONE OF OUR CLIENTS, AND ASK THEM TO ENTER INTO INTERLOCAL AGREEMENT FOR YOU.
[03:05:03]
THAT WOULD CUT THE START TO FINISH TIME DOWN TO ABOUT 4-6 WEEKS, WHICH WOULD ALLOW FOR AMPLE TIME FOR ANALYSIS AND DECISION-MAKING AND IMPLEMENTATION FOR JANUARY 1.>> COUNCILMAN TIPPS HAS SOMETHING BEFORE WE MOVE ON.
I JUST HAVE ONE MORE QUESTION.
DO YOU HAVE SOME OTHER AREAS OF EITHER SAVINGS OR BENEFITS, IMPROVED SERVICES THAT YOU'VE ALREADY IDENTIFIED THAT WE HAVEN'T RESPONDED TO?
>> NOT SO MUCH. WELL, THERE'S THE CONCEPT OF A CONSUMER-DRIVEN HEALTH PLAN THAT WE HAVE BROUGHT FORTH TO THE CITY FOR DISCUSSION IN VARIOUS DIFFERENT TIMES.
THAT REQUIRES A LOT OF EDUCATION.
YOUR PLAN HAS BEEN PERFORMING WELL.
YOU HAVEN'T HAD TO RAISE CONTRIBUTIONS FROM THE CITY OR FROM EMPLOYEES VERY MUCH AT ALL OVER THE WHOLE ENTIRE FIVE-YEAR TIME PERIOD.
CONSUMER-DRIVEN HEALTH PLAN WOULD BE PROBABLY THE BIGGEST DIFFERENCE IN TERMS OF BENEFITS THAT ARE OFFERED BY YOUR PEERS AND ONES THAT YOU OFFER.
ONE OTHER THING THAT WE DID TOO IN CONJUNCTION WITH THE CITY IS YOU USED TO OPERATE YOUR OWN CLINIC HERE, STAFFED BY YOUR OWN EMPLOYEES, ETC, AND THAT WAS ALSO IN THE FIRST EARLY DAYS TOO WHERE WE CAME ON BOARD AND STARTED ASKING QUESTIONS ABOUT YOUR CLINIC, AND THERE WASN'T A WHOLE LOT OF DATA TO SUPPORT IT.
WE DID DO COMPETITIVE RFPS FOR CLINICS, AND I HAVE A SAYING TO PEOPLE, TOO.
SOME OF YOUR LOCAL HOSPITAL PROVIDERS CAME AND SAID, WE'LL BE YOUR CLINIC.
WE HAVE CLINICS ALL OVER THE CITY.
WHEN PEOPLE GO TO YOUR CLINIC, WE'LL FILE A CLAIM TO THE CITY, AND PAY IT.
WELL, THAT'S NOT WHAT WE'RE LOOKING FOR.
WE'RE LOOKING FOR A CLINIC THAT COMES IN AND HELPS YOU MANAGE YOUR HEALTH AND YOUR WELL BEING AND OUTPERFORMS THE AVERAGE MARKET BECAUSE I WOULD LIKE TO SAY, I COULD HELP YOU TURN YOUR ENTIRE CITY INTO A FREE CLINIC.
YOU JUST SAY, TURN OFF THE CO-PAYS.
WHEN YOU GO TO THE DOCTOR, EVERYTHING IS FREE AND YOU HAVE A FREE CLINIC.
AS WE WENT THROUGH THE PROCESS OF LOOKING AT WHAT THE COSTS WERE FOR OTHER ENTITIES, THEY WERE EYE POPPING AND GREATER IN SOME CASES OVER A MILLION DOLLARS FOR THEM TO OPERATE THE CLINIC.
YOU WERE OPERATING YOUR CLINIC FOR ABOUT 700,000, BUT YOU REALLY DIDN'T HAVE THAT MANY PEOPLE GOING THROUGH IT.
IT WAS A NOVEL APPROACH AND I APPLAUD THE CITY FOR GOING DOWN THAT PATH AND I TELL A LOT OF OTHER PEOPLE THAT ARE INTERESTED IN CLINICS.
WE SAID WE'RE GOING TO JUST DO AWAY WITH THE CLINIC.
WE'RE NOT GOING TO HIRE A CONTRACTOR, AND WE'RE GOING TO TAKE THE URGENT CARE FACILITIES IN TOWN AND WE'RE GOING TO TURN OFF THE CO-PAY.
NOW INSTEAD OF HAVING ONE CLINIC THAT YOU MIGHT GO TO HERE OR ONE OR TWO CLINICS ACROSS THE CITY, NOW YOU HAVE URGENT CARE CLINICS.
ANY URGENT CARE CLINIC IN THE CITY IS NO CO-PAY TO EMPLOYEES AND THEY CAN GO TO THE CLINIC AT NO COST.
THAT WAS THE BIG QUESTION WAS, IS THAT GOING TO BE MORE EXPENSIVE THAN OPERATING THEIR OWN CLINIC? WE'VE WATCHED FOR TWO YEARS NOW THAT YOU'VE DONE IT, AND THAT CONCEPT OPENED UP ACCESS TO URGENT CARE FACILITIES FOR EVERYBODY AT NO COST FOR ABOUT HALF THE COST OF HOW YOU OPERATED YOUR CLINIC IN THE PAST.
NOW WHEN PEOPLE COME AND SAY TO US, MAYBE WE SHOULD HAVE A CLINIC.
I WAS AT A SCHOOL BOARD MEETING LAST NIGHT, 700 EMPLOYEES, AND THEY WERE SAYING, WE NEED A CLINIC, LIKE, NO.
YOU DON'T NEED TO BE SPENDING 700,000, BUT YOU COULD DO LIKE CITY OF AMARILLO, JUST TURN OFF THE URGENT CARE, AND THEN PRESTO, YOU HAVE A CLINIC LIKE THAT.
>> RANDY, THAT'S VERY HELPFUL.
>> RANDY, JUST TO CLARIFY WHAT YOU STATED WAS YOU ALL LOOKED AT OUR PHARMACY PROGRAM.
WE'RE IN A THREE-YEAR CONTRACT, CORRECT? IT'S COMING TO AN END THIS DECEMBER.
>> IT EXPIRES ON DECEMBER 1ST, '25.
>> YOU ALL HAD FOUND AT LEAST A MILLION DOLLAR SAVINGS IN WHENEVER WE DID THE RFP PREVIOUSLY, CORRECT?
>> MULTIPLE TIMES, BUT YOU WERE GIVEN DIRECTION FROM THAT COUNCIL BACK THEN TO STILL GO WITH THAT.
WE IDENTIFIED SAVINGS OR YOU GUYS IDENTIFIED SAVINGS, BUT YOU'RE GIVEN DIFFERENT DIRECTION FROM COUNCIL, IS THAT CORRECT?
>> ANOTHER SERVICE, YOU'RE LOOKING AT TRENDS.
WHETHER IT BE PHARMACEUTICAL USAGE OR ILLNESS OR JUST PER MEMBER USAGE, WHATEVER.
YOU'RE CONSTANTLY LOOKING AT THAT, IS THAT CORRECT?
>> AT ANY TIME, WE COULD REQUEST THAT DATA AND YOU COULD SHOW US AND SEE WHERE WE'RE TRENDING MAYBE OFF OR OTHER ENTITIES THAT ARE SIMILAR TO OURS.
I WOULD HOPE THAT WE DON'T HAVE TO ASK, YOU WOULD BRING THAT TO OUR ATTENTION. IS THAT RIGHT?
>> YES. WE HAVE A MONTHLY MEETING WITH YOU, WHERE WE UPDATE ALL OF YOUR TRENDS, EVERYTHING, AND THE REASON FOR THAT IS IN OUR PHILOSOPHY IS AT ANY GIVEN TIME, YOU MAY ASK US,
[03:10:02]
WHAT DO YOU THINK WE NEED TO BE THINKING ABOUT ONE YEAR FROM NOW, AND WE'RE PREPARED TO ANSWER THAT QUESTION WHEN YOU ASK IT.>> QUESTION, AND AGAIN, THIS ISN'T POINTED. I'M JUST CURIOUS.
IF WE KNEW WE'D IDENTIFIED THOSE SAVINGS IN THE PHARMACY PROGRAM BEFORE, YOU PROBABLY KNEW WE'RE PROBABLY GOING TO COME UP AND SEE THAT AGAIN.
WHY DID WE NOT MAYBE DO THE RFP SOONER TO WHERE WE'RE UP AGAINST THIS DEADLINE? NOW, I APPRECIATE YOU FINDING A WORK AROUND WITH THE INTERLOCAL AGREEMENT, THAT'S GREAT, BUT WHY DID THAT NOT COME FORTH TO SAY, HEY, WE NEED TO DO RFP BECAUSE I CAN GUARANTEE, WE'RE GOING TO FIND SOME SAVINGS HERE.
[LAUGHTER] IT COMES UP WITH EVERY DISCUSSION.
>> BUT WHO IS THAT ON? IS THAT ON YOU GUYS FOR NOT BRINGING IT TO US? IS IT ON US FOR NOT BRINGING IT TO YOU?
>> WELL, I KNOW WE HAVE BEEN WELL DOCUMENTED IN EXPRESSING OUR CONCERNS REGARDING YOUR CURRENT CONTRACT AND YOUR CURRENT [OVERLAPPING]
>> IN APRIL, TO MAYOR'S POINT [OVERLAPPING]
>> PRETTY MUCH EVERY TIME WE HAVE A DISCUSSION, WE TRACK ALL OF YOUR REBATE.
THE AREA THAT MAXOR LACKS IN THEIR ABILITY TO RETURN REBATES FROM DRUG MANUFACTURERS TO YOU.
>> THEY HAVE TWO PROGRAMS. ONE, VERY INNOVATIVE, WHICH WE IMPLEMENTED IN 2019, RIGHT AFTER WE STARTED WORKING WITH YOU.
THAT WAS A MARKET LEADING PROGRAM THAT THEY DID, AND THAT'S ONE OF THE BEST THINGS I THINK THEY HAVE GOING FOR THEM, BUT EVER SINCE DAY 1, THE REMAINING REBATES THAT ARE RETURNED, CURRENTLY, IT'S PROBABLY ABOUT A MILLION AND A HALF OFF JUST ON THE REBATES.
THE PAYER MATRIX CONCEPT ONLY CAME TO OUR AWARENESS THAT MAXOR HAD THE CAPABILITY TO DO IT WHEN WE MET WITH HIM BACK IN APRIL.
DURING THAT MEETING, I SAID, WE WANT TO SEE THAT PROPOSAL RIGHT AWAY.
[OVERLAPPING] YOU CAN DO PAYER MATRIX WITH ANY OTHER PHARMACY BENEFIT MANAGER.
>> IT INCREASES THE REBATES CONSIDERABLY.
>> IT INCREASES THE REBATES CONSIDERABLY IS WHAT YOU'RE SAYING.
>> PAYER MATRIX HELPS FIND OTHER SOLUTIONS AT LOWER COSTS, NOT JUST NECESSARILY THROUGH REBATES AND COUPONS AND STUFF LIKE THAT.
>> IT'S MY UNDERSTANDING THAT THEY'RE NOT WILLING TO DO THAT UNLESS WE ENTER INTO AN AGREEMENT THAT WE'RE GOING TO RENEW THEIR CONTRACT, IS THAT CORRECT?
>> THAT'S WHAT THEY'VE PROPOSED.
THEY'VE PROPOSED ANOTHER THREE-YEAR CONTRACT AND WE HAD A DISCUSSION WITH YOUR TEAM YESTERDAY TIED IN BECAUSE WE DON'T FEEL A THREE-YEAR CONTRACT IS IN YOUR BEST INTEREST.
A CONTRACT CAN BE WRITTEN TO SAY THAT IT CAN BE TERMINATED AT ANY TIME WITH PROPER NOTICE, AND SO WHAT WE WOULD RECOMMEND IS IF YOU WANTED TO RENEW WITH PAYER MATRIX, THAT WE GO DOWN THE PATH OF EXECUTING A CONTRACT, BUT ONLY FOR A ONE-YEAR TIME PERIOD BECAUSE ALL OF YOUR OTHER CONTRACTS ARE DUE TO GO OUT FOR BID NEXT YEAR ANYHOW, AND IT'S HELPFUL TO HAVE PHARMACY AND MEDICAL GOING OUT TO BID AT THE SAME TIME.
WHEN THEY'RE STAGGERED, IT'S A LITTLE BIT DISJOINTED, BUT IN SOME CASES, THE CARRIERS OWN PHARMACY BENEFIT MANAGERS OR IN THE CASE OF AETNA, CVS OWNS AETNA.
WHEN THOSE TWO WORK IN TANDEM, THEN THEY CAN MAKE SOME BUSINESS DECISIONS TO SAY, I'M GOING TO TAKE SOME OF THESE GOBS OF MONEY BECAUSE THE ONLY WAY CVS COULD AFFORD TO BUY AETNA, THEY'RE A PHARMACY AND THEY'RE MAKING A TON OF MONEY.
THAT'S WHERE THE MONEY IS IN THE EQUATION IS ON THE PHARMACY SIDE, AND BY PUTTING THOSE TOGETHER, YOU CAN BRING IN NEGOTIATING STRENGTH.
>> I UNDERSTAND, BUT CURRENTLY, YOU'RE SHOPPING OUR PHARMACY, CORRECT?
>> NOT YET, BUT WE DO THIS ALL THE TIME.
WE JUST CONCLUDED AN RFP IN CORPUS CHRISTI.
>> YOU COULD FIND ONE FOR US AND THEN WHEN OUR OTHER HEALTHCARE CONTRACT COMES UP THAT WE MIGHT WANT TO MARRY IT WITH WHOEVER THEY HAVE AS WELL.
>> THEY'RE WELCOME TO BID, ANYBODY AS WELL.
WE'LL GO TO ALL OF THE MAJOR PLAYERS INCLUDING MAXOR AND ANY OTHER SUGGESTIONS.
>> THAT'S VERY HELPFUL. COUNCIL, YOU MAY HAVE A FEW OTHER THINGS.
I WANT TO THROW OUT ONE THING.
WE VISITED DURING BUDGET, WE IDENTIFIED SOME SAVINGS.
WE WERE TALKING WITH OUR PUBLIC HEALTH DEPARTMENT ABOUT POTENTIALLY HAVING AND SPINNING UP A WOMEN'S CLINIC THAT WOULD DO PRENATAL, SONOGRAMS, ALL SORTS OF THINGS THAT WE COULD DO.
YOU GUYS MAY HAVE BEEN HERE FOR SOME OF OUR OTHER DISCUSSIONS THAT REALLY BROUGHT A LOT OF THIS TO LIGHT WITH THE SANCTUARY CITY ORDINANCE OF, HOW ELSE ARE WE REALLY LEADING TO HELP WOMEN IN OUR COMMUNITY.
[03:15:05]
WE'RE LOOKING AT PUTTING THAT IN.DO YOU WORK WITH SUBCOMMITTEES AT ALL, USUALLY? DO YOU ONLY WORK WITH STAFF? HERE'S MY THOUGHT. WITH THAT PIECE, I'M CURIOUS IF COUNCIL WOULDN'T WANT TO CREATE A SUBCOMMITTEE OF TWO COUNCIL MEMBERS THAT COULD WORK HAND IN HAND WITH YOU, OUR NEW CITY MANAGER, AND OUR STAFF BECAUSE IT SURE SEEMS LIKE SOME OF THE DIRECTION THAT WE'RE LEADING, YOU GUYS HAVE ALREADY BEEN GOING, BUT THE DATA, FOR WHATEVER REASON, ISN'T REACHING OUR DESK.
NOW, TODAY IS THE FIRST OPPORTUNITY FOR US TO HEAR THAT YOU PROBABLY HAVE IDENTIFIED SOME OF THE AREAS OF SAVINGS THAT I FEEL ONE COUNCIL MEMBER WENT OUT LOOKING FOR ON HIS OWN.
WOULD THAT CAUSE YOU ANY ISSUES IF WE HAD A SUBCOMMITTEE THAT WOULD BE ABLE TO WORK WITH YOU, BE BETTER COMMUNICATION.
>> NOT AT ALL. TI AND I WERE IN WACO ON WEDNESDAY, AND THEY HAVE A SUBCOMMITTEE OF TWO COMMISSIONERS THAT SUPPORT THEIR INSURANCE COMMITTEE.
WE WERE IN THE ROOM HAVING A CONVERSATION, LOOKING AT THE DATA.
SPEAKING ON WOMEN'S HEALTH, THERE IS A PROGRAM THAT WE'VE BEEN SUGGESTING.
IT'S NOT A HUGE CHANGE, BUT I THINK IT'S AWESOME AND IT'S A NEW BREAST EXAM OUTSIDE OF A MAMMOGRAM.
IT'S PERFORMED BY A COMPANY CALLED BEXA AND THEY USE SONOGRAM AND ULTRASOUND AS OPPOSED TO RADIOLOGY.
IT'S NOT AS, I GUESS, NOT AS TRAUMATIC AS A MAMMOGRAM.
IT'S LIKE MAMMOGRAMS, PROSTATE EXAMS. NOBODY EVER SAYS, HEY, I THINK I WANT TO GO GET ANOTHER ONE TODAY.
THEY'RE JUST NOT THE MOST COMFORTABLE THINGS, BUT THE BEXA EXAM GIVES YOU IMMEDIATE RESULTS AND THE BEXA EXAM PEOPLE COME TO YOUR LOCATION.
WE PROPOSED IT, BUT YOUR STAFF HAS BEEN REAL BUSY WITH ALL THE TRANSITIONS YOU'VE HAD THROUGH WORKDAY, AND IT'S HARD TO GET IN THERE, BUT WE'VE INTRODUCED IT TO ALL OF OUR OTHER CLIENTS BECAUSE THEY'LL SEND A TECHNOLOGIST PERSON TO YOU.
THEY CAN SET UP SHOP IN A 10 BY 12 ROOM.
THEY CAN PERFORM THE EXAM, GIVE YOU IMMEDIATE RESULTS WHERE YOU DON'T HAVE TO WAIT TWO WEEKS, WONDERING IF THERE'S A PROBLEM OR NOT.
IF THEY DETECT A MASS IN THE INITIAL EXAM, THEY HAVE ULTRASOUND EQUIPMENT, AND THEY GO STRAIGHT TO THE SECOND STEP.
IT DOESN'T REQUIRE YOUR BREAST TO BE COMPRESSED.
YOU'RE NOT EXPOSED TO RADIATION.
YOU CAN DO IT ON FEMALES DOWN TO AGE 18, EVEN IF THEY'RE PREGNANT, AND THE COST OF THE BEXA EXAM IS CHEAPER THAN A MAMMOGRAM, AND IT'S COVERED AT A 100% AS A PRE-CARE BENEFIT PLAN.
>> I KNOW THIS COUNCIL AND THE STAFF LOOKING FOR WAYS TO BOTH IMPROVE BENEFIT PACKAGE THAT WE HAVE FOR RETENTION AND ATTRACTION, TRYING TO KEEP UP WITH THE DEMAND THAT WE HAVE IN SOME OF THESE DEPARTMENTS, AND THEN ALSO JUST COST EFFECTIVENESS EFFICIENCIES.
WE'VE DONE A GOOD JOB, I THINK, OF IDENTIFYING SOME OF THESE.
NOW WE WANT TO TRY TO RE-PRIORITIZE, SPEND THE MONEY WHERE WE GET THE MOST BENEFIT FOR OUR COMMUNITY.
COUNCIL, WOULD ASK IF ANYBODY AND MR. PATH, IF ANYBODY WANTS TO WEIGH IN ON, IT WOULD BE A SHORT TERM SUBCOMMITTEE.
I DON'T THINK THIS THING WOULD LAST THAT LONG.
I DON'T THINK IT'D BE TOO MANY MEETINGS, BUT WITH THE GOAL IN MIND, WE CREATE A HEALTH SUBCOMMITTEE, TWO COUNCIL MEMBERS TO WORK HAND IN HAND WITH YOU, HEAR YOUR IDEAS, BUT THEN ALSO BRING IN SOME OF OUR PUBLIC HEALTH DEPARTMENT AND WHAT THEIR VISION IS FOR THE WOMEN'S CLINIC.
WE MAKE SURE THAT WE'RE ALL GOING DOWN THE SAME PATH AND THEN IF YOU'RE FINDING SOME SAVINGS, WE'RE LOOKING TO REINVEST THAT IN OUR ORGANIZATION.
EVERYTHING GOOD FOR YOU, MR. PATH?
>> COUNCILMAN TIPPS, I KNOW YOU GOT THE TAP BECAUSE YOU'RE AN INSURANCE GUY ALREADY.
DO I HAVE ANOTHER COUNCILMAN THAT WOULD LIKE TO SIT ON THIS SUBCOMMITTEE, AND IF NOT, I WILL VOLUNTEER, BUT I WILL GLADLY LET ANOTHER SIT ON IT IF THEY'D LIKE TO.
>> WE WOULD CREATE A SUBCOMMITTEE HERE TODAY WITH THE CONSENT OF COUNCIL.
COUNCILMAN SCHERLEN, COUNCILMAN TIPPS, WOULD START THIS.
MR. PATH, IF YOU DON'T MIND STEERING THAT TO GET THAT SET GOING.
HE HAS ABOUT SIX WEEKS OF CONSTANT MEETINGS RIGHT NOW JUST GETTING HERE.
I'M NOT TRYING TO PLUG SOMETHING ELSE IN 10 WEEKS OF CONSTANT MEETING.
IF WE COULD ALLOW HIM TO MAYBE LOOK AT THE OVERALL SCHEDULE, MAKE SURE THAT HE CAN PRIORITIZE IT, BUT NOT BURY HIMSELF, THEN YOU COULD COORDINATE MR. PATH WITH CITY SECRETARY.
I'M THINKING. GREATLY APPRECIATED.
>> THANK YOU. REALLY GOOD IDEA.
>> ANY OTHER QUESTIONS FOR THESE TWO BEFORE WE LET THEM GET OUT OF THE SPOTLIGHT?
[03:20:04]
>> MAN, THAT'S ALL I HAD ON ITEM 10G.
ANYONE ELSE HAVE ANYTHING OR ARE WE READY TO MOVE?
>> I'M GOOD. WE'D ASK A MOTION.
>> I MOVE. WE AWARD THE CONTRACT TO HUB INTERNATIONAL FOR THE CONTRACT BEGINNING SEPTEMBER 1ST, 2024.
>> MOTION AND A SECOND. ALL IN FAVOR, PLEASE SAY AYE?
>> ANY OPPOSED? MOTION PASSES.
JUST LIKE THE MAYOR TAKE A SHORT MEETING AND DRAG IT OUT.
[10.H. CONSIDER AWARD - PROFESSIONAL SERVICES AGREEMENT FOR HOLLYWOOD ROAD WASTEWATER TREATMENT FACILITY ]
I BELIEVE IT'S KYLE SCHNIEDERJAN COMING FORWARD.IF YOU WILL WALK US INTO THIS, I BELIEVE IT'S A DESIGN ASPECT OF WASTEWATER.
>> YES, SIR. THANK YOU, MARY. COUNCIL MEMBERS.
APPRECIATE THE OPPORTUNITY TO COME BEFORE YOU TODAY AND PRESENT THIS ITEM. THERE IT IS. GOT IT.
WE'RE LOOKING AT A PROFESSIONAL SERVICE AGREEMENT FOR OUR WASTEWATER TREATMENT PLANT.
AS I MAYBE NORMALLY DO NOW, WE'RE GOING TO START A LITTLE BIT ON SOME BACKGROUND INFORMATION, ADD SOME SCOPE TO THIS, AND THEN GET THROUGH IT AS QUICKLY AS WE CAN.
BUT WE'RE TALKING ABOUT THE HOLLYWOOD ROAD WASTEWATER TREATMENT FACILITY.
THE ORIGINAL FACILITY IS 1964.
IT HAS SEEN SOME UPGRADES AND ADDITIONS TO THE FACILITY OVER THE YEARS, THE LAST ONE BEING A CAPACITY ADDITION IN 1992, BUT IN GENERAL, THAT'S A 1964 MODEL PLANT OUT THERE.
IN SEPTEMBER OF 2023, WE HAD A TCEQ COMPLIANCE INVESTIGATION THAT IDENTIFIED DEFICIENCIES OUT AT THE PLANT.
THAT WASN'T THE FIRST ROUND OF DEFICIENCIES IDENTIFIED, BUT IN GENERAL, THAT WAS THE LAST ONE.
IN SEPTEMBER OF 2023, WE HAD THAT MEETING WITH TCEQ, AND WE IMPLEMENTED IN JANUARY OF 2023, A PROFESSIONAL SERVICES CONTRACT TO REVIEW THAT FACILITY AND MAKE SOME RECOMMENDATIONS FOR US.
DURING THAT REVIEW, WE WENT AND LOOKED AT THE HISTORICAL ITEMS. WE EVALUATED THE QUALITY AND THE QUANTITY OF THE WASTEWATER THAT WE WERE DEALING WITH FROM A TIME PERIOD ABOUT 2014 THROUGH 2023.
I'LL SHOW YOU SOME OF THOSE RESULTS.
BUT IN GENERAL, TRYING TO UNDERSTAND WHAT WE'RE DEALING WITH AS WELL AS TRYING TO FORECAST SOME TRENDS AND SEE SOME TRENDS THAT ALLOW US TO MAKE GOOD DECISIONS.
WE DID A PERFORMANCE EVALUATION OF THE NORTH AND THE SOUTH TREATMENT TRAINS.
THERE'S NOT JUST A SINGULAR PATH OF WATER TO GO THROUGH THAT FACILITY.
IT ACTUALLY HAS MULTIPLE TRAINS, ADDING SOME REDUNDANCY TO THE PLANT.
WE EVALUATED BOTH OF THOSE TRAINS.
WE LOOKED AT FUTURE CONDITIONS, INCLUDING FUTURE FLOW PROJECTIONS, FUTURE CONCENTRATION PROJECTIONS.
THEN WE JUST LOOKED AT THE ASSETS.
WE PHYSICALLY LOOKED AT THE MECHANICAL APPARATUS, THE STRUCTURES, THOSE TYPES OF THINGS.
WE DID A RISK BASED CONDITION ASSESSMENT OF EVERY ONE OF THE ASSETS OUT AT THE PLANT.
WHAT THAT MEANS IS, WE'RE EVALUATING THE LIKELIHOOD OF FAILURE AS WELL AS THE CONSEQUENCE OF FAILURE, AND THEN TRYING TO UTILIZE THAT AS A MATRIX, SUCH THAT WE UNDERSTAND HOW LIKELY IS THIS, AND THEN WHAT THE RISKS ARE ASSOCIATED WITH EACH.
WHAT WAS IDENTIFIED IS, THERE WAS SIX ASSETS OUT AT THE PLANT THAT WERE IDENTIFIED AS CRITICAL, 33 ASSETS IN THE HIGH CATEGORY, 21 IN THE MEDIUM, AND ANOTHER 33 ASSETS IN THE LOW.
I'LL TALK ABOUT THAT A LITTLE BIT FURTHER AS WELL.
WE LEARNED SOME THINGS ABOUT THE CONDITION OF OUR PLANT AS WELL AS HOW OUR PLANT OPERATES AND BEHAVES.
BUT WE ALSO LEARNED SOME THINGS ABOUT HOW OUR COMMUNITY IS GROWING AND WHAT OPPORTUNITIES WE HAVE AND CHANGES THAT ARE HAPPENING WITHIN THE COMMUNITY THAT IMPACT OUR WASTEWATER TREATMENT PLANT.
WE LOOKED AT FLOW RATES, WE LOOKED AT CONCENTRATION RATES OF DIFFERENT CONSTITUENTS, THINGS THAT MAYBE WE HAVEN'T ENCOUNTERED IN THE PAST, THAT WE ARE ENCOUNTERING OR ARE WE ENCOUNTERING THINGS ON THE SAME LEVELS THAT WE HAVE IN THE PAST? THAT BOTTOM CHART ON THE BOTTOM LEFT IS A CHART THAT'S BASICALLY BOD FLOWING OUT OF THE PLANT OR HOW IS THE PLANT HANDLING BOD? THE THING THAT'S SIGNIFICANT ABOUT THAT CHART, AND HOW YOU DON'T GET CAUGHT UP IN WHAT IT ACTUALLY IS AND WHAT IT'S SHOWING.
BUT WHAT YOU SHOULD NOTICE IS THAT, OVER THERE TO THE LEFT OF THE SCREEN, THAT'S A STRAIGHT LINE AND/OR THE SCALE OF THAT PRODUCES A STRAIGHT LINE.
AS WE MOVE TO THE RIGHT ON THAT CHART,
[03:25:01]
WE START TO SEE THESE ERRATIC BEHAVIORS.WE START TO SEE THIS MOVEMENT, AND WHAT THAT'S DISPLAYING IS HOW WELL IS OUR PLANT HANDLING THE CONSTITUENTS THAT ARE BEING BROUGHT TO IT.
AS IT GETS MORE ERRATIC, WE ARE EITHER UNDERPERFORMING OR OVERPERFORMING, BECAUSE BELOW THE LINE WOULD BE EFFICIENCY AND OVER THE LINE WOULD BE PERFORMANCE.
BUT THE ERADICACY OF THAT CHART IS WHAT'S IMPORTANT TO NOTE, BECAUSE WHAT THAT'S SHOWING IS, OVER THE YEARS, OUR PLANT IS STARTING TO BEHAVE IN MANNERS THAT AREN'T GOOD.
WE DON'T WANT A LOT OF DEVIATION FROM THE LINE AND DEPICTED THERE.
THAT'S WHAT YOU SHOULD GLEAN FROM THAT.
MORE BACKGROUND, AGAIN, I SAID, WE MONITORED EVERY PIECE OF EQUIPMENT.
WE WENT AND LOOKED AT EVERY PIECE OF EQUIPMENT OUT AT THE PLANT.
THERE'S AN IMAGE OF WHAT'S OUT THERE AS FAR AS THE STRUCTURES THAT ARE OUT THERE, AND I APOLOGIZE, THAT'S A LITTLE SMALL ON THE SCREEN, AND THEN WITHIN EACH OF THOSE BUILDINGS, THERE'S EVEN A PUMP AND THERE'S MECHANICAL DEVICES IN EACH ONE OF THOSE, AND WE LOOKED AT THEM.
I SHOULD HAVE PUT THAT EARLIER IN MY PRESENTATION, BUT WE ARE TALKING ABOUT THE HOLLYWOOD PLANT.
WE HAVE TWO PLANTS; ONE TO THE NORTH AND ONE TO THE SOUTH.
THIS IS THE SOUTH PLANT OUT AT HOLLYWOOD IN THAT VICINITY.
THIS IS THAT RISK ANALYSIS MATRIX OR RISK-BASED ANALYSIS WHERE YOUR LIKELIHOOD OF FAILURE IS HIGH, MEDIUM, LOW ON THE LEFT THERE, AND THEN CONSEQUENCE OF FAILURE ALL THE WAY FROM MINOR TO MAJOR AND CATASTROPHIC TO THE RIGHT.
OBVIOUSLY, UPPER RIGHT IN THAT RED LEVEL ARE THE ITEMS THAT REALLY HAVE A HIGH RISK OF PROBABILITY AND A HIGH RISK OF CONSEQUENCE RELATED TO THEM.
THERE WERE SIX ITEMS OUT OF THE PLANT IDENTIFIED IN THAT CATEGORY.
AGAIN, STARTED THAT IN 2023, AND WHILE THAT'S HAPPENING ALL THE WHILE THAT THOSE ANALYSIS ARE TAKING PLACE, THE STUDIES TAKING PLACE, THE FACILITY IS STILL RUNNING, THE FACILITY'S STILL FUNCTIONING, AND THE COMMUNITY IS STILL GROWING, AND THE COMMUNITY IS STILL DEVELOPING AND THINGS ARE STILL HAPPENING.
IN THAT SAME TIME PERIOD, WE SAW A SIGNIFICANT NEW INDUSTRIAL LOADING INTRODUCED TO THE BASIN OF THAT PLANT AND TO THE PLANT.
WE SAW A HIGH INFLUENT EVENT WHERE WE HAD BASICALLY LOTS OF INFLUENT WATER COME FROM STORM WATER EVENT, INFILTRATION INTO THE SYSTEM, SLUG OF WATER COMING THROUGH THE PLANT.
ALL OF THOSE THINGS COMBINED GENERATED VERY HIGH OPERATIONAL DEMANDS.
THE PLANT GOT MORE DIFFICULT TO OPERATE IN THAT SAME TIME PERIOD.
THAT'S THAT ERADICACY WE START TO SEE IN THE CHART WHERE THERE MAY BE A MECHANICAL FAILURE.
THAT MECHANICAL FAILURE INDUCES A BIOLOGICAL REACTION OR VICE VERSA, A BIOLOGICAL REACTION INDUCES A MECHANICAL FAILURE.
THE PLANT GETS HARD TO OPERATE IN THOSE ERRATIC ENVIRONMENTS.
LIKEWISE, AS THOSE THINGS GET DIFFICULT TO DO, THOSE AREN'T SUPER FUN JOBS ANYWAY, AND THEN WHEN IT'S STRESSFUL, BECAUSE YOU'RE GOING OUT AT 2:00 AM.
YOU HAD THAT EXAMPLE IN ONE OR YOUR OTHER ITEMS, 2:00 AM, AND IT'S COLD OUTSIDE, THAT'S NOT A FUN JOB.
WE SEE SOME STAFF TURNOVERS, AND ALL OF THOSE THINGS START TO COMBINE IN AND OF THEMSELVES.
DURING THAT TIME PERIOD, WE DID EXPERIENCE PERMIT VIOLATIONS WITH THE TCEQ RELATED TO PERFORMANCE AND ITEMS AT THE PLANT.
ULTIMATELY IN NOVEMBER OF 2023, WE SELF-REPORTED TO THE TCEQ THAT WE HAD EXCEEDED THE 75% OF OUR PERMITTED FLOW CAPACITY.
THAT'S SIGNIFICANT BECAUSE YOU'VE HEARD THE 75/90 RULE.
I'M SURE I SAID ONE OR TWO TIMES IN PRESENTATIONS, 75% OF YOUR PERMITTED CAPACITY MEANS YOU MUST, BY TCEQ, START DESIGNING A FACILITY AND IDENTIFY TO THE TCEQ, HOW ARE YOU GOING TO CONTINUE TO TREAT WASTE AT THIS FACILITY? HOW ARE YOU GOING TO CONTINUE TO BE SUCCESSFUL WITH DISCHARGE FROM THE PLANT? WE SELF REPORTED IN NOVEMBER OF 2023, AND THAT WAS THE BEGINNING OF ONGOING CONVERSATION THAT MANDATES THE PLANNING AND DESIGN OF THE PLANT IN ITS NEXT PHASES.
THAT BRINGS US TO WHERE WE'RE AT TODAY, AND THEN BRINGS US TO A PROPOSED AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES INC.
THE SCOPE OF WORK FOR KIMLEY-HORN TO PERFORM IS TO TAKE ALL OF THAT INFORMATION THAT WE LEARNED, ALL THAT INFORMATION WE SPENT A YEAR GATHERING AND PREPARING AND PUTTING TOGETHER, AND UPDATING ALL OF OUR PLANNING DOCUMENTS,
[03:30:02]
UPDATING A MASTER PLAN, THEY'LL ACTUALLY HAVE SOME UPDATES TO OUR EXISTING MASTER PLAN AS WELL AS FILL IN GAPS AND OTHER PLANNING DOCUMENTS, BUT UPDATE ALL OF THOSE PLANNING DOCUMENTATIONS, AND PREPARE A PRELIMINARY ENGINEERING REPORT.THAT REPORT WILL INCLUDE PROCESS EVALUATIONS.
HOW IS THE BEST WAY TO TREAT OUR WASTE? NOW THAT WE UNDERSTAND MAYBE OUR WASTE IS CHANGING A LITTLE BIT.
MOSTLY IN THE PAST, HAD BEEN 80, 90% RESIDENTIAL, WE'RE BRANCHING OUT. WE'RE GROWING.
WE'RE TURNING INTO A METROPOLITAN CITY THAT HAS HIGHER INDUSTRIAL LOADS, THAT HAS HIGHER COMMERCIAL LOADS, IS GOING TO SUPPORT SOME OF THESE OTHER INDUSTRIES.
WHAT IS THE BEST PROCESS? IT MAY BE EXACTLY WHAT WE'RE DOING NOW, IT MAY BE COMPLETELY DIFFERENT THAN WHAT WE'RE DOING NOW.
THEY'RE GOING TO MAKE EQUIPMENT RECOMMENDATIONS.
THEY'RE GOING TO LOOK AT PHASING PLANS.
WE STILL HAVE TO OPERATE THE EXISTING PLANT, AND WE'VE GOT TO BE SUCCESSFUL OPERATING THAT EXISTING PLANT THROUGHOUT THE COURSE OF MULTIPLE YEARS OF AN IMPLEMENTATION OF THESE RECOMMENDATIONS.
THEN WE'RE LOOKING AT DISCHARGE EVALUATION.
ONE OF THE THINGS WE LOOKED AT, I MENTIONED POPULATION PROJECTIONS, WE'RE FORECASTING A 20-YEAR BUILD OUT OF DOUBLING THE FLOW RATE.
WELL, THAT DOESN'T JUST GO IN THE SAME PLACE THAT YOU'RE DISCHARGING NOW.
THERE'S CONSIDERATIONS FOR WHAT ARE YOU ABLE TO DISCHARGE? WHAT WILL YOU BE ALLOWED TO DISCHARGE? HOW WILL THAT BE REGULATED BY TCEQ? ARE THERE OPPORTUNITIES FOR OTHER ENVIRONMENTAL CONSIDERATIONS, WATER REUSE, ENVIRONMENTAL REUSE, AQUIFER RECHARGE.
ALL OF THOSE THINGS ARE ON THE TABLE TO BE EVALUATED AS A DISCHARGE EVALUATION.
THEN THE END OF THAT BEING A BUDGET ESTIMATE, SO THAT I, IN THE CIP ROLE, CAN HELP US UNDERSTAND WHERE WE'RE MOVING FORWARD AND BRING THAT INFORMATION AND HELP YOU GUYS UNDERSTAND, AND TALK ABOUT THESE BUDGET CONVERSATIONS AND HOW WE MOVE OUR PLANNING DOCUMENT FORWARD TO BE SUCCESSFUL.
THEY'RE ALSO GOING TO DO TCEQ PERMITTING.
ALL OF THAT PRELIMINARY ENGINEERING REPORT IS PRESENTED TO TCEQ AND CRITIQUED AND EVALUATED BY TCEQ BECAUSE IT FORMULATES A MAJOR AMENDMENT TO OUR EXISTING PERMIT OR THE EXISTING PERMIT OF THE PLANT.
THEY'RE GOING TO TAKE ALL THAT INFORMATION AND EVALUATE IT, AND COORDINATE OUR CONSULTANT AS PART OF THEIR SCOPE.
WE'LL BE COORDINATING THOSE ACTIVITIES WITH TCEQ.
THE OTHER MAJOR ITEM IS THE LABORATORY BUILDING, WE CALL IT THE ADMINISTRATIVE AND LABORATORY BUILDING.
THERE'S A SIGNIFICANT AMOUNT OF LABORATORY TESTING THAT TAKES PLACE IN OUR WASTEWATER SYSTEM, AND WE DON'T NECESSARILY HAVE A CONVENTIONAL LABORATORY TO DO THAT, AND WE'RE BEING SUCCESSFUL WITH THE TOOLS THAT WE HAVE, BUT WE CAN BE FAR MORE EFFICIENT.
WE CAN BE FAR BETTER WITH OUR STAFF, AND WE CAN BE FAR MORE EFFICIENT.
WE'RE INCLUDING AN ARCHITECTURAL PROGRAMMING AS PART OF THIS CONTRACT.
ARCHITECTURAL PROGRAMMING REALLY JUST MEANS, WE'RE GOING TO TAKE A LOOK AT THE SCOPE AND THE FUNCTIONAL REQUIREMENTS OF OUR LABORATORY AND ADMINISTRATIVE PIECES.
THEY'RE GOING TO GIVE US A FIRST RUN AT WHAT BUILDING DO YOU NEED TO PERFORM THESE FUNCTIONS? WELL, WHAT FUNCTIONS ARE YOU GOING TO HAVE TO PERFORM UNDER YOUR NEW ADMINISTRATIVE MAJOR AMENDMENT PERMIT THAT WE'RE TALKING ABOUT IN NEGOTIATING WITH TCEQ, AND THEN HOW BEST CAN YOU ACHIEVE THAT? WE'RE GOING TO LOOK AT A PHYSICAL LOCATION OF THAT PLANT.
SHOULD IT BE LAB? SHOULD IT BE OUT AT THE TREATMENT PLANT? IS IT BETTER TO BE IN TOWN? WHAT ARE THOSE CONSIDERATIONS? HOW DOES THAT COME TOGETHER? WE'RE ALSO GOING TO LOOK AT SCADA.
SCADA IS SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEMS. IT'S BASICALLY AN ELECTRONIC COMMUNICATION BETWEEN YOUR MECHANICAL DEVICES.
WE'RE GOING TO KNOW HOW LONG A PUMP RUNS, HOW EFFICIENT IT'S BEEN.
WE WANT TO CENTRALIZED LOCATION TO DO THAT AND CONTROL THOSE PIECES AND MOVE IT FORWARD.
LASTLY, A BUDGET ITEM ON THAT ONE.
THANK YOU VERY MUCH. GREAT JOB.
>> WHAT WE DID IS WE TOOK THAT SCOPE OF WORK AND WE BOILED THAT DOWN INTO INTO A SINGULAR PHASE.
THAT PHASE IS PHASE 1, IS WHAT WE'RE CONSIDERING RIGHT NOW.
IT'S WHAT I'M BRINGING FORWARD.
THAT PHASE, IN GENERAL, IS TO DO ALL OF THOSE PLANNING THINGS WE JUST TALKED ABOUT IN THEIR SCOPE OF WORK.
THE GOAL OF ALL THAT WORK IS TO MINIMIZE THE TOTAL PROJECT COST.
[03:35:04]
WE WANT THE BEST SOLUTION THAT WE CAN GET FOR THE BEST PRICE THAT WE CAN GET IT FOR. THAT'S OUR GOAL.THAT SCOPE IS GOING TO DEVELOP A ROADMAP FOR THE FUTURE.
WE TALKED ABOUT STAFF TURNOVER AND WE'VE HAD IT.
WE'VE HAD IT IN OUR MANAGEMENT TEAM, WE'VE HAD IT IN OUR UTILITIES GROUP, WE'VE HAD IT IN OUR ENGINEERING GROUP.
WE'RE GOING TO DEVELOP A ROADMAP THAT CAN BE FOLLOWED NO MATTER WHO'S DRIVING THE CAR PER SE.
THEN OBVIOUSLY, THOSE BUDGET ESTIMATES, YOU GUYS ARE RIGHT IN THE MIDDLE OF BUDGET.
YOU'RE THINKING ABOUT THESE FUTURE PROJECTS RIGHT NOW, YOU UNDERSTAND WHERE THAT'S GOING, AND THAT TCQ COORDINATION BEING THE BIGGEST PART.
WHAT'S HIGHLIGHTED ON THIS SLIDE IS THAT WHAT WE'RE TALKING ABOUT IS PHASE 1 OF A CONTRACT.
IT DOES NOT INCLUDE PHASE 2 OR PHASE 3.
THAT WOULD BE ONCE WE KNOW WHAT'S THE BEST SOLUTION AND HOW WE'RE GOING TO MOVE IT FORWARD AND WE HAVE TCQ'S BUY OFF ON THOSE SAME THINGS, THEN WE'RE GOING TO ACTUALLY DESIGN IT AND THAT WOULD BE PHASE 2, AND THEN PHASE 3, THEN WE'RE GOING TO GO CONSTRUCT IT.
THOSE ARE NOT INCLUDED IN THE COST THAT I'M BRINGING FORWARD TO YOU BECAUSE THEY'RE UNDETERMINED.
THEY'RE UNDETERMINED WHAT OUR PATH IS, THEY'RE UNDETERMINED WHAT OUR CURRENT SCOPE IS.
HOWEVER, WE ABSOLUTELY ANTICIPATE AND IF NOT OUTRIGHT EXPECT AN OVERLAPPING OF THESE PHASES.
THERE ARE THINGS THAT WE'RE GOING TO DO IN PHASE 1 THAT WE DON'T NECESSARILY HAVE TO HAVE COMPLETED TO START PORTIONS OF PHASE 2 AND/OR SO ON AND SO FORTH, PHASE 2 TO PHASE 3.
WE'RE GOING TO BRING THOSE EFFICIENCIES FORWARD AS WE CAN.
THIS IS OUR CURRENT SCHEDULE FOR THAT KIND OF ACTIVITY.
WE'RE SITTING IN SEPTEMBER, OCTOBER OF 2024, AND THEN WE'LL BE LOOKING AT THE COMPLETION OF THAT PRELIMINARY ENGINEERING REPORT SUMMER OF 2025.
AGAIN, THERE'S LOTS OF ACTIVITIES THAT ARE HAPPENING CONCURRENTLY THERE.
WE'RE DOING HISTORICAL DOCUMENTATION, WE'RE DOING COMMUNICATION WITH THE TCQ, WE'RE DOING OUR MASTER PLANNING UPDATES AND OTHER PLANNING DOCUMENT UPDATES, AND OUR ENGINEERING FIRM, SPECIFICALLY HAS THE CAPACITY TO MANAGE THOSE ACROSS MULTIPLE FACETS.
THEN WE START THAT HEAVY COMMUNICATION WITH TCQ, MAJOR PERMIT AMENDMENT AND THE ISSUANCE OF THAT DISCHARGE PERMIT, STARTING, SAME THING, LATE SUMMER 2025, ALL THE WAY THROUGH SUMMER OF 2026.
WE ABSOLUTELY ANTICIPATE THAT WE'LL HAVE A PRELIMINARY PLANNING DOCUMENT AND PROBABLY WOULD BE REQUIRED TO HAVE SOME PRELIMINARY PLANNING DOCUMENTS TO PRESENT TO TCQ DURING THAT CONVERSATION.
WOULD BE ANTICIPATING MOVING INTO PHASE 2 OF THIS CONTRACT FALL OF 2025, AND MOVING ON INTO THE SUMMER OF 2026.
CONSTRUCTION ACTIVITIES COULD START EARLIER THAN WE HAVE INDICATED HERE.
WE WILL ABSOLUTELY LOOK FOR THOSE OPPORTUNITIES.
THOSE OPPORTUNITIES MAY BE EARLY OUT TYPE, WE WERE ABLE TO ISOLATE A CERTAIN AREA OF THE EXISTING PLANT AND DO A CONSTRUCTION ACTIVITY THERE OR MAYBE IT'S AN EARLY OUT INPUT TO A NEW FACILITY.
WE'LL LOOK FOR THOSE OPPORTUNITIES.
BUT RIGHT NOW, WE'RE FORECASTING CONSTRUCTION ACTIVITIES STARTING SUMMER OF 2027, CONSTRUCTION COMPLETION OF OPERATIONAL AND EITHER HYBRID EXISTING FACILITY, NEW FACILITY, GENERALLY LEANING TOWARDS MOSTLY NEW FACILITY, 2029.
ULTIMATELY, STAFF IS RECOMMENDING CONSIDERATION OF THIS PROPOSED AGREEMENT WITH KIMLEY-HORN.
AND AGAIN, THIS AMOUNTS $5.9 MILLION.
IT IS BEING TOTALLY FUNDED BY THE WATER AND SEWER REVENUE FUNDS, NOT BOND FUNDING.
>> MAN, REAL GOOD. QUESTIONS FOR KYLE, GENTLEMEN?
>> COULD YOU REPEAT THAT, PLEASE? [LAUGHTER] NO.
>> GO BACK TO PAGE 2. LET'S START HERE.
IT'S A VERY IMPORTANT APPARATUS.
WE GOT A LOT OF PROBLEMS. WE KNOW WHAT'S EXISTING OUT THERE.
I THINK WE'VE FELT LIKE YOU GUYS HAVE EDUCATED US PRETTY GOOD SO FAR, SO SOME OF THIS IS REPETITIVE, BUT NEEDED.
[03:40:02]
>> I'M AGREEING WITH THE PROJECT 100%.
>> THE PROBLEM I HAVE SEEMS LIKE KIMLEY-HORN GETS A LOT OF OUR RFQS.
I'M LOOKING HERE AT YOUR SCORING SYSTEM.
I DON'T KNOW WHAT WE'RE SCORING.
YOU GOT CRITERIA [OVERLAPPING]
>> IF IT'S NOT AN ISSUE FOR THE VOTE ON THIS ONE, BUT COULD WE INCLUDE, MR. PATH, THE CRITERIA FOR THE VENDORS IN THE BACKUPS THAT ARE GIVEN TO COUNCIL? I THINK WHAT WE'RE SEEING IS CRITERIA 1, CRITERIA 2.
WE DON'T KNOW IF CRITERIA 1 IS PRICING, CRITERIA 2, SAFETY.
HE JUST CAN'T SEE THAT ON HIS OWN.
>> I APOLOGIZE. I DON'T HAVE THOSE AT MY FINGERTIPS.
>> I'LL GO WITH THE PROJECT, BUT I WOULD LIKE TO SEE MORE INFORMATION. [OVERLAPPING]
>> INFORMATION. I DON'T REMEMBER.
>> WHENEVER WE DO THESE THINGS.
>> I APOLOGIZE. I I DON'T REMEMBER WHAT THOSE WERE.
WE WROTE THAT RFQ SPECIFIC FOR ENGINEERING DESIGN SERVICES.
>> DO YOU ALL HAVE A PREFERENCE FOR KIMLEY-HORN?
>> SURE. NO, THAT'S A GREAT QUESTION.
WE APPROACH EVERY RFQ PROCESS AS A NEW PROJECT.
WE GIVE THE ABILITY, WE NOT NECESSARILY REQUIRING, THEY'RE CHOOSING WHETHER THEY APPLY OR NOT.
WE ALLOW THOSE CONTRACTORS TO APPLY AND THEY PUT TOGETHER A PACKET THAT IS BASED ON THOSE SCORING CRITERIA.
WE TELL THEM, HEY, THIS IS HOW WE'RE GOING TO SCORE THE PROCESS AND THEN ALLOW THEM TO SUBMIT.
KIMLEY-HORN DOES A GREAT JOB WITH THEIR RFQS. THANK YOU, KENNY.
KENNY FRYER IS AN ENGINEER WITH KIMLEY-HORN AND IS ALSO AVAILABLE FOR QUESTIONS.
THIS A, WHICH I'M ASSUMING WAS PROBABLY CRITERIA 1, IT'S LISTED AS A IN THIS DOCUMENTATION WAS RESPONDENTS DEMONSTRATION, GENERAL UNDERSTANDING OF THE SCOPE OF THE PROJECT.
ITEM B DEMONSTRATED EXPERIENCE IN DEVELOPING SIMILAR WASTEWATER TREATMENT PLANT PROJECTS AND THE ABILITY OF THE RESPONDENT TO PERFORM THOSE SERVICES.
ITEM C WAS SUCCESS IN DEVELOPING SIMILAR ADMINISTRATIVE BUILDINGS, SKATER SYSTEMS, AND LABORATORY FACILITIES.
ITEM D WAS DEMONSTRATED SUCCESS IN MANAGEMENT OF CONSTRUCTION PHASE OF SIMILAR TYPE PROJECTS.
ITEM E WAS QUALIFICATION OF PROJECT TEAM AND THE KEY PROJECT MANAGERS, INCLUDING THEIR PERSONAL REFERENCES.
ITEM F WAS ABILITY OF THE RESPONDENT TO EXHIBIT THEIR CURRENT CAPACITY TO COMPLETE THE SPECIFIC PROJECT IN A TIMELY MANNER.
I APOLOGIZE. I'M HAVING TO SCROLL WITH MY THUMBS.
ITEM G WAS REFERENCE FROM OTHER CLIENTS ATTESTING TO THE APPLICANT'S QUALITY OF WORK AND COMPLIANCE WITH PERFORMANCE STANDARDS.
>> WHAT WAS THE CRITERIA ON PRICING?
>> PRICING IS NOT EVALUATED IN THIS CRITERIA, AND OUR STATE LAW IS NOT ALLOWED TO BE SUBMITTED AT THAT TIME PERIOD.
>> THAT'S ALL GOOD TO KNOW. I THINK MAYBE WE'RE LOOKING AT IT MORE LIKE A TYPICAL AWARD.
THIS HAS A FEW OTHER THINGS TO IT.
WELL, COUNCILMAN, I KNOW YOU SAID YOU'RE GOOD. ANY OTHER QUESTIONS?
>> CAN YOU GO BACK TO THE BOD CHART? REMIND ME AGAIN, BOD STANDS FOR?
>> WHEN THE RED GOES UP, THAT'S BAD.
>> DEVIATION FROM THAT LINE, EITHER ABOVE OR BELOW IS ABOVE WOULD BE BASICALLY A HIGH BOD DISCHARGE, BELOW WOULD BE BELOW THE LINE WOULD BE YOU'RE TOO EFFICIENT.
YOU'RE SPENDING MORE ENERGY THAN IS WORTHWHILE.
>> WITH THIS AREA, WHEN WE LOOKED AT UP UNTIL 18, WE WERE DOING WELL, WHAT HAPPENED IN '18, '19, AND THEN I SEE SPIKES IN '22.
IS IT JUST THE AGING, THE USAGE, OR MAINTENANCE OR WHAT GOT US INTO WHERE WE ARE AT THIS POINT?
[03:45:01]
>> I WOULD LITERALLY SAY ALL OF THE ABOVE.
THERE ARE SOME VERY SPECIFIC INCIDENCES THAT CAN BE POINTED OUT IN THIS.
THERE MAY BE A SLUG OF MATERIAL THAT'S DELIVERED FROM AN INDUSTRIAL USER AND THAT CAN BE OBSERVED AS A TREATMENT INCIDENT.
YOU COULD SEE RESPONDING CHARACTERISTICS IN THIS CHART, ENVIRONMENTAL IMPACTS AS WELL.
NOW, THE ASSUMPTION BEING THAT A LOT OF THOSE ENVIRONMENTAL IMPACTS WERE EXPERIENCED PRIOR TO 2018 THAN AFTER 2018, SO YOU CAN TRACK SOME OF THOSE.
BUT ALL OF THE ABOVE, THAT COULD BE A MAINTENANCE FAILURE OR A MAINTENANCE DELAY THAT INDUCES A BIOCHEMICAL REACTION AND WE LOSE OUR BUGS.
THE FLOOD EVENT IS A GREAT ONE.
FOR EXAMPLE, THE RAMIFICATION OF A FLOOD EVENT IS THAT WE TOOK IN LOTS OF INFLUENT WATER.
IT'S STORMWATER, BUT IT'S GENERALLY CLEAN RELATIVE TO FECAL COMPOSITION AND THOSE TYPES OF THINGS.
BUT THE VOLUME PUSHED OUR BUGS OUT.
WE MOVED THE BIOLOGICAL AGENTS THAT ARE IN OUR PLANT OUT OF THE PLANT.
ONE OF THE VERY FIRST THINGS YOU DO IN A WASTEWATER TREATMENT PLANT IS YOU TAKE THE SAND OUT.
LOTS AND LOTS OF SILICA IN EVERYTHING THAT WE DO, LOTS AND LOTS OF CARBON IN EVERYTHING THAT WE DO, AND THOSE THINGS DROP OUT AS GRIT, AS SAND.
ONE OF THE VERY FIRST THINGS YOU WANT TO DO IN A PLANT IS DROP THOSE THINGS OUT.
WELL, IN A FLOOD EVENT, WHICH WE HAD, WE MOVED THAT SAND THROUGH THE REST OF OUR PLANT.
ANYTIME YOU THROW SAND IN A PUMP OR THROW SAND IN ANY OTHER MECHANICAL DEVICE, THAT'S TOUGH.
THERE WERE RAMIFICATIONS THAT TOOK PLACE MANY MONTHS AFTER THAT EVENT, THAT WOULD SHOW UP ON A CHART LIKE THIS, SO ALL OF THE ABOVE.
>> THEN GOING BACK TO THE CHART THAT HAD THE DIFFERENT COLORS OF INCIDENCES AND YOU HAD CATASTROPHIC ON ONE END.
CAN YOU CALL THAT UP REAL QUICK? THESE THAT ARE OVER HERE IN THE RED AREA, THE NUMBER, I GUESS, YOU JUST ASSIGNED EACH INCIDENT THE NUMBERS OR SOMETHING POTENTIALLY CATASTROPHIC HAPPENED?
>> NO. THOSE ARE THE NUMBER OF THE ASSET.
EACH PIECE OF EQUIPMENT HAD A NUMERICAL IDENTIFIER, AND SO THAT IDENTIFIER OUT THERE, 41 AND FOUR WAS LITERALLY THE IDENTIFIER FOR THAT PIECE OF EQUIPMENT.
WE HAD SIX ITEMS THAT WERE IDENTIFIED AS CRITICAL, AND I TOLD MYSELF TO BRING THAT PAPERWORK WITH ME.
>> THIS IS JUST THE VARIOUS FACETS OUT THERE AND WHERE THEY ARE FROM A LIFE SPAN DURABILITY.
>> THE ONE OF THOSE OUT IN THE CRITICAL IS OUR BAR SCREEN, THE OTHER OUT THERE IN THAT CRITICAL WAS OUR BLOWER SETUP.
THE THIRD ONE WAS OUR ELECTRICAL SYSTEM INCLUDING OUR BACKUP SYSTEMS, OUR GENERATOR TYPE SYSTEMS, THAT WAS EVALUATED AS A WHOLE IN A CRITICAL METHOD.
THEN THERE WERE THREE MORE THAT ARE DROPPING FROM MY MEMORY.
>> OF THESE, I GUESS, THERE ARE SOME MORE CRITICAL THINGS THAT ARE IN THE ORANGE AND RED THAT WE'VE GOT TO ADDRESS JUST TO KEEP OPERATING.
>> ABSOLUTELY. THOSE THINGS ARE BEING BROUGHT FORWARD.
WE'VE GOT A BAR SCREEN PROJECT.
THERE ARE THINGS THAT WE'RE GOING TO HAVE TO ADDRESS IN THOSE CRITICAL ITEMS OF THE EXISTING FACILITY.
THEY WON'T LAST THROUGH THIS LONG DESIGN AND PERMITTING PROCESS MANDATED THROUGH THE STATE AND GETTING ALL THOSE APPROVALS IN ORDER.
THERE ARE THINGS THAT WE'RE GOING TO HAVE TO REPLACE IN THE INTERIM.
THOSE THINGS ARE NEEDED TO BE FUNCTIONAL, AND WE'LL HAVE TO BRING THEM FORWARD.
THEY'LL BE DESIGN PROJECTS THAT WILL COME BEFORE AND AWARDED FOR CONSTRUCTION CONTRACTS THROUGH THIS BODY.
>> ANY OTHER QUESTIONS FOR KYLE OR MAYBE FLOYD?
>> FLOYD, COULD YOU TELL US HOW THE WASTEWATER PLANT WORKS? I'M JUST KIDDING. [LAUGHTER]
WE'RE COVERING A LOT WITH YOU, KARL.
THANK YOU. IT'S A BIG CONTRACT.
LORD KNOWS WE VOTED AGAINST A TACO TRUCK.
[LAUGHTER] THIS IS 5.9 MILLION.
>> THAT CONSTRUCTION ACTIVITY IS LOOMING.
[03:50:01]
WE TALK ABOUT A BIG CONTRACT.WE'RE DOING OUR DUE DILIGENCE NOW.
IF WE IDENTIFY A HALF A PERCENT OF SAVINGS ON A $300 OR $500 MILLION NEW FACILITY WITH THIS LEVEL OF EFFORT, THE SAVINGS ARE [OVERLAPPING]
IT'S EXPONENTIAL, WE LIKE THAT YOU'VE GOT A GOOD PARTNER.
SOMEBODY WHO'S GOING TO WORK WITH YOU, AND YOU'RE GOING TO FIX THIS PROBLEM FOR US HERE REAL SOON.
COUNCIL, DO I HEAR ANYTHING ELSE YOU GUYS NEED ON THIS ONE FOR KYLE OR WE'LL LET HIM SIT DOWN? [LAUGHTER] I THINK THERE'S ONE MORE MOTION LEFT BACK THERE IF ANYBODY WANTS TO BRING IT UP.
NO. THERE'S NOBODY BACK THERE.
>> I MOVE TO AWARD KIMLEY-HORN AND ASSOCIATES INCORPORATED, THE CONTRACT IN THE AMOUNT OF $5,919,800.
>> I HAVE A MOTION AND A SECOND ON ITEM 10H.
ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE.
>> ANY OPPOSED? MOTION PASSES.
SEEING AS WE ARE OUT OF MOTIONS, YOU'RE ADJOURNED. THANK YOU ALL.
>> YOU DON'T NEED A MOTION TO ADJOURN ANYMORE?
>> YOU DON'T HAVE TO HAVE ONE.
* This transcript was compiled from uncorrected Closed Captioning.