>> THANK YOU FOR BEING HERE AND PARTICIPATING IN YOUR MEETING. [00:00:07] WE GET THE HONOR AND PRIVILEGE OF RUNNING IT, AND SO WE'LL TRY TO DO YOU A GOOD JOB HERE TODAY. WE'RE GOING TO OFFICIALLY CALL OURSELVES TO ORDER. [1. Call to Order] WE'RE GOING TO HAVE MR. CHADWICK, [2. Invocation] OUR CHAPLAIN COME UP HERE FROM THE APD TO GIVE US THE INVOCATION. IF YOU WOULD PLEASE RISE AND THEN STAY RISEN FOR THE PLEDGES. >> THANK YOU, MR. MAYOR. IF YOU GUYS BOW YOUR HEADS. FATHER GOD, IN THE BOOK OF DANIEL, YOU TELL US BLESSED BE THE NAME OF GOD FOREVER AND EVER. FOR HIS WISDOM AND MID ARE HIS AND HE CHANGES THE TIMES AND THE SEASONS. HE REMOVES KINGS AND HE RAISES UP KINGS. HE GIVES WISDOM TO THE WISE AND KNOWLEDGE TO THOSE WHO HAVE UNDERSTANDING. GOD I ASK THAT YOU GIVE OUR CIVIC LEADERS WISDOM AND UNDERSTANDING TODAY. WE ARE THANKFUL THAT YOU HAVE ESTABLISHED THEM AND WE ASK THAT YOU PROTECT THEM AND THEIR FAMILIES. AS ELECTIONS BEGIN GOD, WE RECOGNIZE YOUR SOLITY IN THE VERSES THAT WE'VE READ IN THE BOOK OF DANIEL, AND WE'RE REMINDED OF YOUR WORD AND SECOND CHRONICLES IF MY PEOPLE WHO ARE CALLED BY MY NAME WILL HUMBLE THEMSELVES AND PRAY AND SEEK MY FACE AND TURN FROM THEIR WICKED WAYS AND I WILL HEAR FROM HEAVEN AND WILL FORGIVE THEIR SIN AND I WILL HEAL THEIR LAND. GOD, WE SEEK THIS HEALING FOR OUR CITY AND OUR NATION. AND FATHER, WE UNDERSTAND THAT WE MAY FALL DIVIDED, BUT WE STAND UNITED IN HUMILITY BY YOUR GRACE AND MERCY. WE ASK GOD THAT YOU GOVERN THIS MEETING, THAT YOU PROTECT THESE MEN, THAT YOU WATCH OVER THEM IN THE NAME OF JESUS CHRIST. AMEN. >> THANK YOU, CHAP. APPRECIATE YOU. IF YOU JOIN ME IN THE PLEDGE? >> THE TEXAS FLAG AS WELL. >> THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. I DON'T KNOW WHAT IT IS. WE'RE DOING REALLY GOOD. [5. Proclamations] WE'RE ALL THE WAY DOWN TO NUMBER 5 ON OUR LIST. WE HAVE SOME PROCLAMATIONS HERE. WE'RE GOING TO COME DOWN THERE TO READ THESE PROCLAMATIONS AND THEN TAKE A FEW PHOTOS. WE HAVE THREE OF THEM, AND WE DO THESE A LOT, BUT IT DOESN'T MEAN THAT IT'S NOT JUST AS IMPORTANT EVERY TIME. WE APPRECIATE YOUR RESPECT AND ATTENTION AS WE GET TO HONOR SOME OF THE PEOPLE IN AMARILLO THAT MAKE IT HAPPEN. IF WE CAN, WE'RE GOING TO COME DOWN THERE, WE'RE GOING TO GET MISS DONNA KNIGHT HEADING THIS WAY FOR OUR MUNICIPAL COURT WEEK. >> START WITH THAT. >> GOT EVERYBODY? WHEREAS MUNICIPAL COURTS PLAY A SIGNIFICANT ROLE IN PRESERVING PUBLIC SAFETY AND PROMOTING QUALITY OF LIFE IN TEXAS, AND WAS MORE PEOPLE COME IN CONTACT WITH MUNICIPAL COURTS THAN ALL OTHER TEXAS COURTS COMBINED, AND THE PUBLIC IMPRESSION OF THE TEXAS JUDICIAL SYSTEM IS LARGELY DEPENDENT UPON THE PUBLIC'S EXPERIENCE IN MUNICIPAL COURT, AND WHEREAS THE CITY OF AMARILLO IS COMMITTED TO THE NOTION THAT OUR LEGAL SYSTEM IS BASED ON THE PRINCIPLE THAT AN INDEPENDENT, FAIR AND COMPETENT JUDICIARY WILL INTERPRET AND APPLY THE LAWS THAT GOVERN US AND THE JUDGES AND COURT PERSONNEL SHOULD COMPLY WITH THE LAW AND ACT IN A MANNER THAT PROMOTES PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY. WHEREAS AMARILLO MUNICIPAL JUDGES ARE NOT POLICYMAKERS FOR THE CITY OF AMARILLO, BUT ARE BOUND BY THE LAW AND THE CANONS OF JUDICIAL CONDUCT. THEY ARE REQUIRED TO MAKE DECISIONS INDEPENDENT OF THE GOVERNING BODY OF THE CITY COUNCIL, CITY OFFICIALS, AND EMPLOYEES, AND WHEREAS IT IS APPROPRIATE THAT WE RECOGNIZE THE ACCOMPLISHMENTS OF THE AMARILLO MUNICIPAL COURT AND SALUTE ITS CRITICAL ROLE AND PRESERVING PUBLIC SAFETY, DETERRING FUTURE CRIMINAL BEHAVIOR, AND PROTECTING THE QUALITY OF LIFE IN AMARILLO. NOW, THEREFORE, WE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF AMARILLO DO HEREBY PROCLAIM NOVEMBER 4TH THROUGH NOVEMBER 8TH OF 2024 AS MUNICIPAL COURTS WEEK IN AMARILLO, [00:05:05] TEXAS, IN RECOGNITION OF THE FAIR AND IMPARTIAL JUSTICE OFFERED TO OUR CITIZENS BY THE AMARILLO MUNICIPAL COURT. >> GIVE HIM ROUND OF APPLAUSE. [APPLAUSE] >> SOME OF THOSE S ARE REALLY WORK. >> THEY WERE. YOU WANT TO. >> SURE. MAYOR, COUNSEL. THANK YOU FOR RECOGNIZING THE STAFF. WE HAVE STAFF MEMBERS FROM THE LEGAL DEPARTMENT JUDICIAL DEPARTMENT COURT. AND IT'S IMPORTANT TO REALIZE WHAT THEY DO TO HELP OUR CITIZENS EXERCISE THEIR CONSTITUTIONAL RIGHTS. THANK YOU. >> YES. THANK YOU ALL SO MUCH. [APPLAUSE] WE'RE GOING TO GET A PHOTO AND THEN LECTURE. >> HEY, THANK YOU VERY MUCH. GOOD TO SEE YOU, JUDGE. ANY KNOW HOW TO WORK THIS GUY. YOU'RE JUST GOING TO HAVE TO HOLD IT. >> THANK YOU. DO WE HAVE ANYONE IN THE AUDIENCE THAT'S HERE FOR NATIONAL CHIROPRACTIC HEALTH. THANK YOU. COME ON UP HERE. THIS PROCLAMATION READS, WHEREAS THE YEARS WE LIVE IN GOOD HEALTH WITHOUT MAJOR CHRONIC ILLNESS AND DISABILITY ARE KNOWN AS OUR HEALTH SPAN, AND ALONG WITH CARDIOVASCULAR HEALTH, METABOTIC HEALTH, AND OTHER FACTORS, MUSCULOSKELETAL OR MSK HEALTH IS AN IMPORTANT FACTOR IN EXTENDING HEALTH SPAN. WHEREAS COMPROMISE OF THE BONES, MUSCLES, AND JOINTS, THE MSA SYSTEM ALLOWS US TO REMAIN PHYSICALLY ACTIVE, WHICH IS ONE OF THE MOST POWERFUL CONTRIBUTORS TO HEALTH AND LONGEVITY, AND WHEREAS A STRONG MSA SYSTEM, HELPS US TO CONTINUE WORKING AND ENGAGING IN DAILY ACTIVITIES AS WE AGE, ENABLING US TO MAINTAIN INDEPENDENCE AND CONTINUING TO DO WHAT MATTERS MOST. WHEREAS A STRONG MSA SYSTEM CONTRIBUTES TO A BETTER BALANCE AS WE AGE, HELPING TO PREVENT FALLS THAT CAN LEAD TO DISABILITY AND DEATH AMONG THE ELDERLY. WHEREAS IN THE US, MSK CONDITIONS ARE COMMON CAUSE OF CHRONIC PAIN AND RESULT IN MORE THAN 130 MILLION HEALTH CARE VISITS ANNUALLY, MAKING THEM THE NUMBER 1 REASON PEOPLE VISIT THEIR DOCTOR. WHEREAS DOCTORS OF CHIROPRACTIC ARE EXPERTS IN THIS FIELD OF HEALTH AND OFFER A VARIETY OF NON DRUG APPROACHES TO TREAT COMMON CONDITIONS SUCH AS BACK PAIN, ALONG WITH ADVICE ON NUTRITION, INJURY, PREVENTION, ERGONOMICS, AND LIFESTYLE MODIFICATIONS FOR OPTIMAL HEALTH AND WELLNESS. WHEREAS GUIDELINES FOR THE TREATMENT OF LOW BACK PAIN, CHRONIC PAIN BY THE AMERICAN COLLEGE OF PHYSICIANS, THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AND OTHER GROUPS SUPPORT THE USE OF NON-INVASIVE, NON-DRUG APPROACHES, SUCH AS SPINAL MANIPULATION AS THE FIRST LINE OF DEFENSE AGAINST BACK PAIN FOR THE USE OF PAIN MEDICATIONS AND SURGERY. NOW, THEREFORE, WE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF AMARILLO, TEXAS, DO HEREBY PROCLAIM THE MONTH OF OCTOBER 2024 AS NATIONAL CHIROPRACTIC HEALTH MONTH AND AMARILLO, AND OFFICIALLY JOINED WITH THE AMERICAN CHIROPRACTIC ASSOCIATION AS IT REMINDS CITIZENS THAT CHIROPRACTORS CAN MAINTAIN AND HELP IMPROVE HEALTH THROUGHOUT THE LIFETIME, THIS YEAR'S THEME IS CHIROPRACTIC PLAN FOR A STRONG HEALTH SPAN. LET'S SHOW APPRECIATION FOR NATIONAL CHIROPRACTIC HEALTH MONTH. [APPLAUSE] >> I WANT TO THANK I'M DR. JOHN BLACKWELL, A CHIROPRACTOR HERE IN AMARILLO. I REPRESENT TEXAS CHIROPRACTIC ASSOCIATION. I REPRESENT THE TEXAS PANHANDLE. I REPRESENT ALL THE CHIROPRACTORS IN THIS AREA. WANT TO INTRODUCE. ALSO, WE HAVE WITH JOSHUA BOWEN. HE'S A CHIROPRACTIC INTERN. HE'S ABOUT TO FINISH HIS CHIROPRACTIC SCHOOL. HE'S ACTUALLY DOING HIS EXTERNSHIP IN OUR OFFICE, SO HE'S FROM THE DALLAS FORT WORTH AREA, SO HE'S GETTING A CHANCE TO HOW THE CITY OF AMARILLO WORKS AND WHAT WE'RE DOING. I WANT TO THANK THE MAYOR AND THE COUNCIL FOR CONTINUING TO SUPPORT CHIROPRACTIC AND FOR ALLOWING US TO CONTINUE TO HELP MAKE AMARILLO AS HEALTHY AS WE CAN ABSOLUTELY BE, WHICH IS OUR GOAL. THANK YOU GUYS SO MUCH AND I HOPE THE REST OF THIS MEETING GOES WELL. THANK YOU. [00:10:13] [APPLAUSE]. >> IS THAT WHAT THAT IS? >> YOU GET HERE? WE'VE GOT ONE MORE AND THIS IS THE, WHAT IS THIS? THE CODE WE'RE LOOKING AT CODE COMPLIANCE MONTH, SO A GOOD ONE. WHEREAS CODE COMPLIANCE OFFICERS PLAY A VITAL ROLE IN ENSURING THE SAFETY, WELL BEING, AND QUALITY OF LIFE FOR ALL CITIZENS BY ENFORCING LOCAL CODES AND ORDINANCES RELATED TO BUILDING, ZONING, HOUSING, ENVIRONMENTAL HEALTH, AND LIFE AND SAFETY. WHEREAS THOSE OFFICERS FACE DEMANDING AND COMPLEX CHALLENGES AS THEY WORK TO IMPROVE LIVING AND WORKING CONDITIONS FOR RESIDENTS AND BUSINESSES WITHIN THE COMMUNITY, AND WAS CODE COMPLIANCE OFFICERS ARE DEDICATED HIGHLY SKILLED PROFESSIONALS WHO STRIVE TO PREVENT NEIGHBORHOOD DETERIORATION, ENHANCE SAFETY, PRESERVE PROPERTY, VALUES THROUGH THEIR EXPERTISE AND ENFORCEMENT OF HOUSING, ZONING, AND NUISANCE REGULATIONS, AND WHEREAS THESE OFFICERS CONSISTENTLY PROVIDE EXCEPTIONAL CUSTOMER SERVICE, DEMONSTRATING EXCELLENCE IN THEIR SERVICE TO THE COMMUNITIES RESIDENTS AND BUSINESSES, AND WHEREAS THE CITY MARSHAL'S OFFICE RESPONDS TO A WIDE RANGE OF CODE VIOLATIONS UPHOLDING THE STANDARDS THAT CONTRIBUTE TO A CLEANER, SAFER, AND MORE VIBRANT COMMUNITY. WHEREAS IT IS FITTING TO RECOGNIZE AND HONOR THE DEDICATED WORK OF THE AMARILLO CODE ENFORCEMENT OFFICERS AND THE MUNICIPAL COURT FOR THEIR SIGNIFICANT CONTRIBUTIONS IN MAINTAINING PUBLIC SAFETY, DETERRING UNLAWFUL BEHAVIOR, AND SAFEGUARDING THE QUALITY OF LIFE IN AMARILLO. NOW, THEREFORE, WE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF AMARILLO DO HEREBY PROCLAIM THE MONTH OF OCTOBER 2024 AS CODE COMPLIANCE MONTH. WELL, TEXAS, AND EXTEND THE HEARTFELT GRATITUDE THE CITY'S CODE COMPLIANCE OFFICERS FOR THEIR UNWAVERING COMMITMENT TO SAFEGUARDING OUR COMMUNITY AND ENHANCING THE QUALITY OF LIFE FOR ALL RESIDENTS. APPRECIATE YOU GUYS. [APPLAUSE] >> GOT A LITTLE BIT. >> MAYOR COUNCIL STAFF, THANK YOU FOR THIS RE, AND ALSO THANK YOU FOR THE CONTINUED SUPPORT. AS YOU CAN SEE, WE'RE A SMALL DEPARTMENT THAT MAKE A BIG IMPACT IN THE COMMUNITY, SO WE'RE GRATEFUL FOR THE RECOGNITION TODAY. >> APPRECIATE YOU GUYS. THANKS. >> CITY MARSHALS. [APPLAUSE] >> GET MAINTENANCE ON. MIC MAINTENANCE. WELL, THANK YOU GUYS FOR PARTICIPATING AND LETTING US DEAL WITH OUR MIC MAINTENANCE. WE HAVE A COUPLE GENTLEMEN IN THE BACK THAT ARE BUILDING US A REALLY NICE NEW CITY HALL WHERE WE'RE GOING TO HAVE STATE OF THE ART, AUDIO AND VIDEO AND WON'T HAVE TO WORK QUITE THIS HARD OVER THERE. WE'RE LOOKING FORWARD TO THE MOVE AND APPRECIATE EVERYBODY FOR ALL THEIR PARTICIPATION IN GETTING US OVER THERE. AT THIS TIME, WE HAVE NUMBER 6 ANNOUNCEMENTS, [6. Announcements] AND I WOULD JUST ASK, DO YOU HAVE ANY ANNOUNCEMENTS? DO YOU, SIR? I DO HAVE A CLARIFICATION AND IT FITS UNDER ANNOUNCEMENTS. IN RELATION TO THE PREVIOUS MEETING WHERE WE HAD A PRETTY GOOD DISCUSSION AND A DEBATE BACK AND FORTH. MY WIFE COULD PROBABLY ATTEST TO THIS, THERE'S A COUPLE OF TIMES WHEN WE WOULD BE DISCUSSING SOMETHING AND I MAY USE AN EXTREME EXAMPLE TO MAKE MY POINT. IN THE PREVIOUS MEETING, I WAS ASKING A VERY DIRECT QUESTION TO OUR EDC DIRECTOR, [00:15:03] CAN YOU CHANGE WHAT COUNSEL HAS DIRECTED YOU TO DO? WE DIRECTED FOR THIS MEMBERSHIP AND YOU CAN TAKE IT TO ANOTHER MEMBERSHIP OR YOU CAN CHANGE THE AMOUNT. IT WAS AN EXTREME EXAMPLE THAT WAS MEANT TO BE TAKEN IN THAT FORM. THE EXTREMIST EXAMPLE THAT I USED WAS AN ORGANIZATION THAT CAN BE PRETTY OFFENSIVE TO SOME PEOPLE, AND REALLY AS A COMMUNITY, I THINK WE WOULD AGREE WITH THAT. JUST WANT TO GIVE A CLARIFICATION THAT I IN NO WAY MEN OR MEANT THAT THAT WOULD BE TAKEN IN THE WRONG WAY TO THAT COMMUNITY, AND I IN NO WAY WANTED IT TO BE SOMETHING THAT WAS DEROGATORY. I WAS TRYING TO MAKE A POINT IN A CONTESTED CONVERSATION. I HOPE THAT THOSE INDIVIDUALS CAN SEE THAT. FROM UP HERE, WE LOOK FOR THOSE OPPORTUNITIES TO DO BETTER AND CONTINUE TO GET BETTER AT THIS. >> I THINK IT'S IMPORTANT WHEN WE TAKE A STEP BACK AND SAY, HEY, MAN, I APOLOGIZE. I DIDN'T MEAN IT TAKEN THAT WAY. IF YOU TOOK IT THAT WAY, IT'S NOT YOUR FAULT THAT YOU TOOK IT THE WRONG WAY, IT'S MY FAULT THAT I DIDN'T CLARIFY WHAT I WAS TRYING TO SAY. I HOPE THAT HELPS. I APPRECIATE YOU GUYS LETTING ME DO THAT JUST IN TRYING TO WORK FROM A PLACE OF HUMILITY OF MEN, WE'RE LEARNING, WE'RE GETTING BETTER, AND WE WANT YOU TO UNDERSTAND WHAT WE MEAN WHEN WE SAY IT, WE WANT TO SAY WHAT WE MEAN. I MEANT THE EXTREME EXAMPLE. I DIDN'T MEAN ANY HARM TO THOSE INDIVIDUALS THAT IT BRINGS BACK A BUNCH OF MEMORIES THAT AREN'T HEALTHY. THAT'S MY CLARIFICATION AND APOLOGY HERE TODAY. THANK YOU FOR LETTING ME DO THAT UNDER ANNOUNCEMENTS. WE WILL MOVE FORWARD WITH PUBLIC COMMENT WITH THAT, [7. Public Comment] SO CAN I ASK, DO YOU HAVE A LIST HERE? IF I CAN HAND IT OVER TO MRS. CITY SECRETARY, SHE'LL RUN US INTO THIS. >> 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 TODAY. 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 3 MINUTES TODAY TO ADDRESS THE COUNCIL. AT THE END OF 2.5 MINUTES, A WARNING BE WILL SOUND TO ALERT YOU THAT YOU HAVE 30 SECONDS LEFT TO WRAP UP YOUR THOUGHTS. HAVE ONE PUBLIC HEARING TODAY. IF YOU'RE HERE TO SPEAK ON THAT PUBLIC HEARING, WE WOULD ASK THAT YOU EITHER DO IT DURING THE PUBLIC HEARING OR DURING THE PUBLIC COMMENT, BUT NOT BOTH IN ORDER TO HELP US KEEP ACCURATE MINUTES. IT'S YOUR CHOICE AT WHICH POINT IN TIME YOU WOULD LIKE TO SPEAK. WHEN YOU COME TO THE MICROPHONE TODAY, WE WOULD ASK THAT YOU GIVE US YOUR NAME AND STATE WHETHER OR NOT YOU LIVE IN THE AMARILLO CITY LIMITS, YOU MAY THEN BEGIN YOUR COMMENTS TO COUNSEL. KEEP IN MIND IF YOU HAVE COMMENTS ON SOMETHING NOT ON TODAY'S POSTED AGENDA, THE TEXAS OPEN MEETINGS ACT DOES RESTRICT HOW COUNSEL CAN INTERACT WITH YOU ON THOSE ITEMS. THEY CAN RECITE A STATEMENT OF FACT OR POLICY BACK TO YOU. THEY CAN REFER YOUR ITEM TO A FUTURE AGENDA, OR THEY CAN REFER YOU TO STAFF TO STEP OUTSIDE AND SPEAK WITH YOU ABOUT YOUR TOPIC. WITH THAT, WE WILL START TODAY WITH BOB G. YARDMAN CHILI, AND AFTER BOB G WILL BE FERNANDO LOPEZ. >> THANK YOU MAYOR AND CITY COUNCIL MEMBERS. MY NAME IS BOB G. YARDMAN CHILI. I HAVE BEEN IN THIS TOWN FOR ALMOST 80 YEARS NOW. I HAVE BEEN TO JAPAN AND THEN SAW HOW CLEAN IT IS. AFTER SEEING ALL SOME NEIGHBORHOODS IN THIS TOWN, IT JUST LOOKS AWFUL. THE BEST WAY TO CLEAN UP THE WHOLE CITY AT ALL AT ONE TIME. WHAT I'M ASKING IS NEXT YEAR, WE'RE GOING TO HAVE FOUR TIMES CLEAN UP THE ENTIRE CITY. AND WE HAD TO HAVE MAN, MAN, MANY GROUPS PARTICIPATING IN THIS WHOLE THING. THAT'S THE ONLY WAY YOU CAN DO IT. I'VE BEEN DOING THIS FOR SEVERAL YEARS AND WE WENT THROUGH COVID AND MY HEALTHY ISSUES AND ALL THAT. BUT I'M RECOVERING RIGHT NOW AND I'M HAPPY TO HELP THE CITY AND LAST SIX WEEKS CONTINUOUSLY EVERY WEEKEND WE'RE CLEANING UP. THAT'S WHAT WE WANT TO KNOW SOME VOLUNTEERS THAT WANT TO KNOW WHEN WE'RE NEXT TO CLEANUP DAY. THAT'S A GOOD THING TO KNOW. SEE THAT'S NOT JUST ME PUSHING, YOU KNOW, AND ALSO THE STUDENTS COMING FORWARD FROM A ROTARY AND TRACK CLUB. [00:20:05] SO WITH THE COMBINATION OF THOSE TWO, YOU KNOW, I THINK WE'RE MAKING GOOD PROGRESS. MY THING IS, IF EVERYBODY TO HELP ME WITH MAKING SURE, YOU KNOW, WE HAVE A CERTAIN NUMBER OF GROUPS PARTICIPATING ALL OF THE CITY. THAT'S THE ONLY WAY WE CAN DO IT. MR. LOPEZ, YOU KNOW, IS FROM WEST PLAINS HIGH SCHOOL. AND HE'S REALLY HELPING ME AND HE REALLY HAS PASSION TO CLEAN UP OUR CITY. THAT'S WHAT I WANT TO. I WANT TO SEE THE KIDS COME FORWARD AND HELP ME OUT. BE THE CITY IN THE LONG RUN. I MAY NOT BE HERE FOR LONG. IT'S THEIRS, SO THEY HAVE TO FEEL THIS IS THEIR RESPONSIBILITY TO TAKE CARE OF THEIR OWN CITY. I NEED HELP AS MUCH AS I COULD AND HE'LL EXPLAIN WHAT WE NEED FROM THE CITY. WE'LL GO FROM THERE. OKAY. THANK YOU VERY MUCH. >> BOB G, THANK YOU. IF WE CAN MAKE SURE THAT YOU'RE HOOKED UP WITH STAFF SO THAT WHEN YOU'RE SCHEDULING THOSE, WE'RE USING OUR MEGAPHONE AS MUCH AS POSSIBLE. THEN I KNOW I'VE MISSED A FEW, WE'D BE GLAD TO JUMP BACK IN ON SOME OF THOSE BECAUSE I REALLY APPRECIATE COUNSEL'S LEADERSHIP AND GETTING OUT THERE WITH YOU. WE'LL GET BACK IN WITH YOU. IT DOESN'T GO UNNOTICED WHAT YOU DO. >> THANK YOU. >> THANK YOU. >> THANK YOU SIR. [APPLAUSE] >> NEXT IS FERNANDO LOPEZ AND DR. FERNANDO WILL BE LINDSAY LONDON. >> HI, I'M FERNANDO LOPEZ. I'M A SENIOR AT WEST PLAINS, AND I'M AN AMBASSADOR FOR KEEP AMARILLO CLEAN. THE REASON WE'RE HERE TODAY IS JUST I'M VERY PASSIONATE ABOUT KEEP AMARILLO CLEAN. AMARILLO IS MY CITY, AND I WANTED TO LOOK NICE. I WANT TO KEEP IT CLEAN. THE REASON WE'RE HERE TODAY IS JUST WE DID WANT TO ASK THE CITY FOR SOME MORE RESOURCES. WE'RE EXPECTING AN INFLUX OF VOLUNTEERS IN THIS UPCOMING SPRING SEASON JUST BECAUSE WE'VE BEEN SPREADING THE WORD AROUND SENIORS NEED HOURS AND ALL THAT. ALSO, I WANTED TO JUST ESTABLISH WHAT BOB WAS SAYING. OUR END GOAL FOR KEEP AMARILLO CLEAN IN A PERFECT WORLD. I BELIEVE THERE'S ABOUT 33 NEIGHBORHOODS IN AMARILLO. OUR INTENTION WOULD BE JUST HAVE EACH OF THESE NEIGHBORHOODS HAVE A LITTLE GROUP AND JUST FOUR TIMES A YEAR, GO OUT AND CLEAN YOUR NEIGHBORHOOD AND HELP KEEP AMARILLO CLEAN. YES, WE'RE HERE TO ASK FOR JUST PUBLIC SUPPORT AND TO HELP US HELP KEEP AMARILLO CLEAN, TO ASK FOR MORE RESOURCES, WE NEED MORE OF THE PICKER EFFORTS. WE'RE NEEDING MORE OF THESE, MORE BAGS, MORE GLOVES, JUST THINGS THAT WOULD HELP US JUST FACILITATE. WE WANT TO MAKE IT EASIER FOR OTHERS TO BE ABLE TO KEEP AMARILLO CLEAN, AND WE'RE ASKING THE CITY AND THE PUBLIC SUPPORT IN ORDER TO DO THAT. I DON'T HAVE ANY OTHER COMMENTS. >> FERNANDO, THANK YOU. MR. LOPEZ, DOES THIS FALL UNDER YOU, AND THEN IN THE BUDGET HOPEFULLY TO GET WHATEVER WE NEED. SURE. APPRECIATE IT. YEAH, I BET WE CAN HELP. >> THANK YOU. >> THANK YOU. [APPLAUSE] >> I MISSPOKE. LINDSAY LONDON PROVIDED WRITTEN COMMENTS. NEXT IS BILL HARRIS AND AFTER MR. HARRIS WILL BE RICHARD BROWN. >> YOU APPROACH THE HAND? >> YES, YOU MAY. >> AFTERNOON, SIR. >> GOOD AFTERNOON. MY NAME IS BILL HARRIS. I LIVE IN AMARILLO. FIRST OF ALL, THANK YOU FOR YOUR SERVICE. I KNOW YOU HAVE A HUGE AMOUNT OF WORK TO DO AND YOU DO IT FOR ALMOST NO MONEY, AND YOU'RE MUCH APPRECIATED. I'M HERE TODAY BECAUSE I LOVE AMARILLO, AND I KNOW THAT THE A EDC IS A BIG PART OF SUPPORTING OUR ECONOMIC GROWTH. THE OVERALL TONE OF THE LAST COUNCIL MEETING, WHICH YOU REFERRED TO EARLIER, MAYOR STANLEY, REALLY CAUGHT MY ATTENTION AND LED ME TO LOOK INTO A LITTLE MORE DETAIL ABOUT THE BUDGETING PROCESS. I HOPE YOU CAN HELP SOME OF US UNDERSTAND WHAT WAS BEHIND THAT CONVERSATION. WE'VE BEEN CRITICAL OF THE AEDC STAFF AND BOARD FOR MOVING MONEY BETWEEN LINE ITEMS. THAT WAS ALL WITHIN A BUDGET THAT HAD BEEN APPROVED BY THE CITY COUNCIL. NOW, WE OFTEN HEAR THAT WE WANT THE CITY TO BE RUN LIKE A BUSINESS, AND IN MY EXPERIENCE, THAT'S A VERY STANDARD PRACTICE WITHIN BUSINESSES AND WITHIN CITIES. [00:25:02] I BECAME EVEN MORE CONFUSING WHEN YOU POSTED ON THE WEBSITE, THE DOCUMENT THAT I HANDED OUT, WHICH IS THE LETTER FROM THE CITY COUNCIL'S ATTORNEY. TO MAYOR STANLEY EXPLAINING HOW THE CITY COULD PAY HIS FEES. IT SAYS IN PARAGRAPH 5, "IN A LINE ITEM TRANSFER WITHIN THE CITY AT THIS POINT, IF NECESSARY, AND SO ON." THEN THE NEXT PARAGRAPH, IT SAYS, "A LINE ITEM OR DEPARTMENT LEVEL TRANSFER FROM OTHER AREAS IN THE BUDGET COULD EASILY FUND THIS AGREEMENT." NOW, NOTABLY, IT DOESN'T SAY THAT THAT CHANGE WOULD HAVE TO GO BACK TO THE CITY COUNCIL FOR A VOTE NO THAT ANY OTHER ACTION WOULD HAVE TO BE TAKEN AND THAT SEEMS TO ME TO BE EXACTLY THE PROCESS THAT THE AEDC DID FOLLOW. I UNDERSTAND THAT IN SOME DISCUSSIONS RELATED TO THAT, THAT IT WAS YOU EXPRESSED THE DESIRE THAT THEY PUT IN PLACE SOME ADDITIONAL OR DIFFERENT GUIDELINES FOR THEIR APPROVAL PROCESS AND THAT THEY DID JUST THAT, THAT THE AEDC BOARD DID TAKE ACTION, AND I'M GLAD THAT THEY WERE RESPONSIVE TO YOU AND THAT THEY'VE BEEN THAT COOPERATIVE WITH YOU. THAT DOESN'T MEAN THAT THIS RECENT CHANGE DOESN'T CHANGE THE FACT THAT AEDC'S PRIOR ACTION WAS PERFECTLY LEGAL AT THE TIME THEY TOOK IT AND IT WAS A REASONABLE WAY TO DO BUSINESS. COMPANIES THAT ARE CONSIDERING MOVING OPERATIONS TO AMARILLO ARE VERY SENSITIVE TO ANY HINT OF DISCORD BETWEEN THE CITY COUNCIL AND THE AEDC BECAUSE THEY DEPEND ON THEIR AGREEMENTS WITH THE AEDC. AND I URGE YOU TO RESOLVE THIS. THEREFORE, IN A WAY THAT THE AEDC CAN REALLY CONTINUE TO DO ITS JOB LIKE IT HAS DONE SO WELL FOR SEVERAL DECADES, AND ESPECIALLY IN THE LAST THREE OR FOUR YEARS. THE AEDC BOARD IS A GROUP OF DEDICATED PROFESSIONALS WITH THE HIGHEST ETHICAL STANDARDS, AND THEY VOLUNTEER THEIR VALUABLE TIME TO SERVE OUR COMMUNITY AND THE AEDC STAFF IS JUST SUPERB, SO PLEASE SUPPORT THEM. I WANT THIS CITY COUNCIL TO BE SUCCESSFUL AND WANT AEDC TO BE SUCCESSFUL. THANK YOU FOR YOUR SERVICE. >> THANK YOU, SIR. I APPRECIATE YOU. DID YOU HAVE SOMETHING? AS A STATEMENT OF FACT, BILL, WE DID AT BUDGET, INCREASE THE LEGAL DEPARTMENT'S LINE ITEM BUDGET BY $250,000 IN ORDER TO TAKE CARE OF THE HYDE KELLY LAW FIRM FOR WHAT WE WERE PROJECTING FOR THE FULL YEAR. AS A STATEMENT OF FACT, I AGREE WITH YOU, IT'S IMPORTANT FOR US TO PRACTICE WHAT WE PREACH, AND WE'RE NOT LOOKING TO IMPLEMENT ANY RULES OR REGULATIONS THAT WE'RE NOT CURRENTLY FOLLOWING. THANK YOU, SIR. >> RICHARD BROWN, AND AFTER MR. BROWN, SAM BURNETT. >> MY NAME IS RICHARD BROWN. I LIVE IN THE CITY OF AMARILLO, AND I WAS THE CHAIRMAN OF THE BOARD OF DIRECTORS OF THE AEDC WHEN IT WAS FIRST FORMED, SO THE OLDEST GUY IN THE ROOM AS FAR AS THAT GOES. IN THE LATE 1980S, OIL AND GAS, REAL ESTATE, BANKING, ALL IN A BUST, AND WE HAD NO DIVERSIFICATION IN OUR ECONOMY. WE NEEDED HELP AND WE NEEDED LEADERSHIP. THE STATE PASSED A LAW THAT PERMITTED CITIES ON A LOCAL OPTION BASIS TO ADOPT A HALF PENNY SALES TAX FOR THE SPECIFIC PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT. THEY THEN CITY COMMISSION. NOW, COUNCIL SAID, LET'S DO THIS. THEN JACK SIS WE'RE IN CHARGE OF RAISING THE MONEY TO HELP PUBLICIZE WHAT THE ISSUE WAS AS IT WENT TO A VOTE OF THE CITIZENS, WHERE WE WERE ASKING OUR CITIZENS TO VOTE TO IMPOSE A TAX ON THEMSELVES. SURPRISINGLY IT PASSED, I THINK I WAS PROBABLY MORE SURPRISED THAN ANYBODY BECAUSE IT SEEMED VERY AMARILLO TO SAY, MORE TAXES, PLEASE. WE WERE THE SECOND CITY IN TEXAS TO DO THIS AND THE FIRST CITY HAD ALREADY DEDICATED ALL THEIR MONEY TO ONE PROJECT. THERE WAS NO GO BY AND WE HAD TO FIGURE OUT WHAT TO DO WITH THIS NEW THING CALLED AEDC. THE COUNCIL APPOINTED A FIVE MEMBER BOARD. WE WERE ALL ENTREPRENEURS. WE ALL HAD SOME HAND IN BUSINESS, BUT THERE WAS NOT A SINGLE ECONOMICS MAJOR OR A BUSINESS DEVELOPMENT PERSON IN THE BUNCH. WE NEED TO GET EDUCATED AND WE WENT THROUGH HOURS OF INSTRUCTION BY CALLING ON PROFESSIONALS. FOR EXAMPLE, EXCELS PREDECESSOR, SOUTHWESTERN PUBLIC SERVICE HAD SOMEONE ON STAFF AND WE SAT THROUGH AN ENTIRE AFTERNOON LISTENING TO HIM TALK ABOUT ECONOMIC DEVELOPMENT, AND WHAT DOES THAT MEAN? [00:30:01] OUT OF ALL OF THAT, WE MADE ONE VERY IMPORTANT DECISION AND THAT WAS, WE DON'T REALLY KNOW WHAT WE'RE DOING HERE AND WE NEED A PROFESSIONAL STAFF TO NAVIGATE THIS FOR US. WE THEN CONDUCTED A NATIONAL SEARCH, LOOKING FOR THE FIRST DIRECTOR. WE FOUND HIM, WE WENT TO THE CITY WHERE HE WORKED. HE HAD A BUSINESS PARK THAT HE HAD DEVELOPED. WE PARTICULARLY LIKE THAT, AND WE HIRED HIM. I THINK WE LEARNED A LOT FROM THAT FIRST GUY. BUT IT TOOK YEARS TO GET THE FIRST BUSINESS PARK HERE BECAUSE A COUPLE OF MEMBERS OF THE COUNCIL DIDN'T THINK THAT WAS A GOOD IDEA. I APPLAUD YOUR DILIGENCE IN SELECTING GOOD LEADERSHIP TO SOLVE FOR A BETTER AMARILLO. HOWEVER, IF YOU'VE IDENTIFIED THE PROBLEM AS POTHOLES, I DON'T THINK YOU SHOULD TAKE A SHOVEL AND GO FILL THE POTHOLES YOURSELF. IN THE SAME WAY, I DON'T THINK YOU NEED TO MANAGE ECONOMIC DEVELOPMENT YOURSELF. NOR SHOULD THE AEDC BOARD? THAT'S WHAT THE PROFESSIONAL STAFF IS FOR. SOME DEFERENCE TO THEM, SOME DEFERENCE TO A VERY LONG HISTORY OF SUCCESS IS WHAT I THINK IS JUSTIFIED IN THIS CASE. I WOULD NEVER SUGGEST YOU STOP AND DO NOTHING, BUT YOU'VE GOT A LOT OF OTHER THINGS THAT NEED TO BE DONE AS WELL. IF IT'S WORKING, LET IT WORK. >> APPRECIATE YOU, MR. BROWN. THANK YOU. >> SAM BURNETT AND DOCTOR SAM WILL BE TERESA BURNETT. >> MY NAME IS SAM BURNETT. I AM A CITIZEN OF AMARILLO, TEXAS, AS WELL AS THE PRESIDENT OF AMARILLO AREA TRANSGENDER ADVOCACY GROUP, AND I AM HERE TO DISCUSS PORTION 10E OF YOUR SCHEDULE TODAY, WHERE I AM REFERRING TO SECTION E, PAGE 7 OF 11 AND PAGE 8 OF 11. THE CONTEXT IN WHICH YOU USE THE LANGUAGE TO BE BROUGHT UP ABOUT PROHIBITING SEXUALLY EXPLICIT ACTS AND PUBLIC FACILITIES WHERE MINORS ARE PRESENT. IF YOU WILL REFER TO SB 12, WHICH WAS A STATE BILL THAT WAS PASSED IN NOVEMBER OF 2023, AND THEN IT WAS BROUGHT TO COURT IN JANUARY OF 2024, WHERE IT WAS APPEALED, AND IT WAS PERMANENTLY BANNED THAT ANY LAW, ANYWHERE IN TEXAS, COULD EVER USE THAT LANGUAGE AGAINST DRAG QUEENS. IF THAT IS WHAT YOU'RE ATTEMPTING TO DO, I WOULD HIGHLY SUGGEST THAT YOU GO AND RE-EDUCATE YOURSELF ON THE LAWS BECAUSE IT HAS BEEN PERMANENTLY BANNED IN THIS STATE UNDER THE FIRST AMENDMENT CONSTITUTION. AS FAR AS PAGE 8 OF 11 SECTION E, I AM TRYING TO FIGURE OUT WHY A STATE OR CITY WOULD EVER GOVERN HOW WE ARE LEGALLY REPRESENTED BY OUR BIOLOGICAL SEX IN PUBLIC. YOU DON'T JUST STATE IN LEGAL MATTERS, YOU STATE IN PUBLIC. ARE YOU TELLING PEOPLE THAT THEY CAN CHOOSE WHAT THEY'RE DOING WITH ME IN PUBLIC IN MY OWN LIFE? BECAUSE THAT IS INAPPROPRIATE AND UNCALLED FOR. NOR WHAT YOU'RE ASKING FOR IS FOR PEOPLE TO START HARASSING OUR CHILDREN, START HARASSING MEMBERS OF OUR PUBLIC. YOU ARE SUPPOSED TO BE A BOARD OF NONPARTISANSHIP THAT IS HERE FOR ALL OF OUR COMMUNITY. THERE IS NO POINT WHERE YOU SHOULD EVER BE DISCUSSING MY SEX OR MY GENDER THAT HAS ANYTHING TO DO WITH THE WAY THAT THIS CITY RUNS. I WILL ALSO REFER YOU TO THE STATISTICS THAT JUST CAME OUT ON OUR GROUP OF PEOPLE. WHICH HAPPENED OVER A FOUR-YEAR PERIOD 2016-2020, WHERE THEY STUDIED 61,000 TRANSGENDER NON-BINARY INDIVIDUALS ACROSS ALL 50 STATES REFERRING TO LAWS JUST LIKE THIS ONE. IN THOSE STATES WERE ANT TRANS LAWS, THEY SAW SUICIDE RATES IN OUR CHILDREN GO UP TO 72% IN AGES 13-17. I HAVE HEARD THIS COMMITTEE SIT HERE TIME AND TIME AGAIN AND WORRY ABOUT OUR CHILDREN. IF YOU ARE WORRIED ABOUT OUR CHILDREN, THEN WE NEED TO STOP THIS BEHAVIOR. WE NEED TO REALIZE THAT NOT ONLY WHAT WE'RE DOING IN THIS PART OF YOUR LANGUAGE, WHICH I DON'T KNOW WHY WOULD EVEN BE IN THERE. WHY ARE WE DISCUSSING THIS ON A LEVEL THAT'S ALSO DISCUSSING ROADWAYS? WHY IS THIS LANGUAGE IN THERE? IF YOU ARE HERE FOR ALL OF OUR COMMUNITY AND YOU ARE A NONPARTISAN CITY COUNCIL, THEN I SUGGEST THAT FOR ONE, WHEN YOU MAKE DECISIONS LIKE THIS, THEY ARE NOT JUST OUR NONPROFIT, THERE ARE FOUR OR FIVE OTHER NON-PROFITS IN TOWN. I WOULD LOVE TO SEE ALL SIT DOWN WITH EDUCATORS, WITH DOCTORS, WITH MENTAL HEALTH PROFESSIONALS BEFORE MAKING DECISIONS LIKE THIS AND GET EDUCATED ON THESE SUBJECTS, INSTEAD OF MAKING THEM A DISCUSSION OF POLITICIANS WHO DOES NOT HAVE A BACKGROUND ON THIS. THANK YOU FOR YOUR TIME. >> SAM, WE APPRECIATE YOU BEING HERE TODAY. AS A STATEMENT OF FACT, THIS IS THE APPROPRIATE PLACE FOR THIS. [00:35:02] THAT'S A STATE LEGISLATIVE REQUEST. THESE ARE THE ITEMS THAT WE'RE SENDING TO THE STATE TO HANDLE THAT WE SEE LOCALLY. THANK YOU, SIR. >> NEXT IS TERESA BURNETT. >> GOOD AFTERNOON. I AM TERESA BURNETT, AND I AM IN THE CITY OF AMARILLO. I AM GOING TO BE DISCUSSING 10 E. AS CONSTITUENTS OF AMARILLO, WE THE PEOPLE BELIEVE THAT THE CITY COUNCIL HAS NOT REPRESENTED ITSELF AS NON-PARTISAN. I HAVE ASKED MANY PEOPLE ON BOTH SIDES AND THEY HAVE ALL GIVEN THE SAME OPINION. THE CURRENT CITY COUNCIL HAS DISPLAYED QUALITIES AND HAVE SHOWN A PARTIALITY TOWARDS ONE PARTY. WE ASK THAT YOU EVALUATE YOUR BEHAVIOR WHILE ON THIS COUNCIL TO KEEP IT NON-PARTISAN. THE PROPOSED CITY OF AMARILLO LEGISLATIVE PRIORITIES HAVE ELEMENTS THAT ARE UNCONSTITUTIONAL. FOR EXAMPLE, UNDER TRADITIONAL GENDER POLICIES, THE CITY OF AMARILLO SUPPORTS STATE POLICIES THAT RECOGNIZE BIOLOGICAL SEX AT BIRTH AS THE DETERMINING FACTOR FOR GENDER IN ALL LEGAL EDUCATIONAL AND PUBLIC SETTINGS. HOWEVER, IN THE 14TH AMENDMENT OF THE CONSTITUTION, SECTION 1, IT STATES ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES AND SUBJECT TO THE JURISDICTION THEREOF ARE CITIZENS OF THE UNITED STATES AND OF THE STATE WHEREIN THEY RESIDE. NO STATE SHALL MAKE OR ENFORCE ANY LAW, WHICH SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF THE UNITED STATES. NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR THE PROPERTY WITHOUT DUE PROCESS OF THE LAW, NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAW. BY TRYING TO PASS THE POLICY, THE CITY OF AMARILLO IS PUTTING ANYONE WHO DOES NOT CONFORM TO TRADITIONAL GENDER ROLES IN MORTAL DANGER. WHEN YOU ASK A TRANSGENDER WOMAN TO USE THE BATHROOM THAT ALIGNS WITH HER BIRTH, YOU ARE ASKING HER TO GO INTO A ROOM FULL OF MEN WHO CAN POTENTIALLY HARM, RAPE, AND OR KILL HER, AND IT HAS HAPPENED MORE THAN YOU KNOW. IF YOU ASK THAT A TRANSGENDER MALE TEENAGER BE PUT IN THE SPORT OF THEIR BIRTH, YOU ARE ASKING THEM TO BE IN A LOCKER ROOM FULL OF TEENAGE GIRLS WHO THEN AGAIN, CAN POTENTIALLY HARM, RAPE, AND OR KILL THEM. YOU ARE ALSO OPENING UP THE OPPORTUNITY FOR FALSE ALLEGATIONS TO BE PRESSED UPON THEM. FURTHERMORE, A POLICY THAT DIRECTLY TARGETS ANYONE NOT CONFORMING TO THE TRADITIONAL GENDER ROLES CAN AND HAS CAUSED SIGNIFICANT MENTAL HEALTH ISSUES. A NEW STUDY FROM THE WILLIAMS INSTITUTE OF UCLA LAW SCHOOL FINDS THAT 81% OF TRANSGENDER ADULTS IN THE US HAVE THOUGHT ABOUT SUICIDE. 42% OF TRANSGENDER ADULTS HAVE ATTEMPTED IT AND 56% HAVE ENGAGED IN NON-SUICIDAL SELF-INJURY OVER THEIR LIFETIMES. USING THIS DATA FROM THE US TRANSGENDER POPULATION HEALTH SURVEY. RESEARCH EXAMINE THE PREVALENCE OF HAZARDOUS DRINKING, PROBLEMATIC DRUG USE, SERIOUS PSYCHOLOGICAL DISTRESS, SUICIDALITY, AND NON-SUICIDAL SELF-INJURIES BETWEEN TRANSGENDER AND CISGENDER ADULTS. RESULTS FROM THIS STUDY, WHICH IS THE FIRST NATIONAL PROBABILITY SAMPLE OF TRANSGENDER PEOPLE IN THE US. I'M GOING TO GO AHEAD AND SKIP DOWN TO THE BOTTOM SO THAT I CAN FINISH MY THOUGHT. AS A PERSON WHO WORKS CLOSELY WITH THE QUEER COMMUNITY, I CAN ASSURE YOU THAT EVERY POLICY YOU MAKE THAT GIVES PERMISSION FOR PEOPLE TO PRACTICE HATE AND DISRESPECT OF OUR NEIGHBORS DIRECTLY AFFECTS THE MENTAL AND PHYSICAL HEALTH OF QUEER PEOPLE. IF YOU HAVE ANY COMPASSION FOR PEOPLE WHO ARE SLIGHTLY DIFFERENT THAN YOU, THEN I URGE YOU TO RETHINK THESE POLICIES. THANK YOU. >> THANK YOU, MA'AM. >> MAYOR, THAT CONCLUDES EVERYONE THAT SIGNED UP. >> THANK YOU, MISS. CITY SECRETARY. DO HAVE ANYONE ELSE HERE TODAY THAT WOULD LIKE TO OFFER PUBLIC COMMENT? YES. WE'LL START HERE WITH MR. ADARE. >> THANK YOU. MY NAME IS JOHN ADARE. I LIVE IN AMARILLO. YESTERDAY, MY GIRLFRIEND AND TWO OTHER LADIES HAD A MEETING WITH STAFF MEMBERS, AND THE TOPIC OF THEIR MEETING WAS PORNOGRAPHY IN OUR PUBLIC LIBRARIES. I'D HEARD ABOUT THIS A COUPLE OF TIMES BEFORE AND I NEVER REALIZED IT WAS AS BAD AS IT WAS. WE'RE NOT TALKING ABOUT ADULT PICTURES OF ADULTS IN ADULT SITUATIONS. WE'RE TALKING ABOUT COMIC-STYLED CARTOON BOOKS SHOWING PEOPLE IN SEXUAL ACTS. THE TWO LADIES THAT MET WITH STAFF YESTERDAY HAD A COUPLE OF REQUESTS. THEIR MAIN REQUEST WAS A SEPARATE ROOM WITH A DOOR ON IT AND A SIGN THAT SAYS MUST BE 18 OR OLDER TO ENTER. [00:40:04] IF WE CAN'T DO THAT, A SIGN ON THE FRONT DOOR THAT TELLS PARENTS, THERE'S PORNOGRAPHIC MATERIAL IN HERE. DON'T LET YOUR CHILDREN WANDER AROUND, AND IT'S OUT FAIRLY OPEN WHERE KIDS CAN JUST WANDER AND GO LOOK FOR IT IF THEY KNOW IT'S THERE. THAT'S WHAT I HAD TO SAY ABOUT THAT. THE SECOND THING I WANTED TO TALK ABOUT IS, I WAS GOING TO REMIND EVERYBODY THAT THE AVERAGE COST OF A HOME IN AMARILLO IS $230,000. ON 10 F HERE, [INAUDIBLE] TALKS ABOUT GIVING 625,000 TO THE EDC TO BUILD TWO GATEWAY SIGNS. I DON'T KNOW IF THAT'S BUILD OR REPLACED BECAUSE WE ALREADY HAVE TWO GATEWAY SIGNS. 625,000 IS A PRETTY UNREALISTIC NUMBER FOR TWO SIGNS. I'D LIKE US TO RECONSIDER THAT. I WOULD LIKE TO SEE IT PUT ON A FUTURE AGENDA, THE LIBRARY ISSUE. IF WE BUILD ANOTHER ROOM, SEPARATE THAT, SOMETHING THAT'LL SOLVE THE PROBLEM. I'D LIKE TO SEE SOMETHING PUT ON A NEAR FUTURE AGENDA ITEM. THANK YOU. >> THANK YOU, JOHN. MR. FISHER, YOU WANT TO GO NEXT? ARE YOU GOING TO HAND IT OVER? EITHER ONE IS FINE. >> USUALLY, IT'S LADIES FIRST. >> AFTERNOON, MIKE. >> GOOD AFTERNOON. MY NAME IS MIKE FISHER. I LIVE IN THE CITY. I'M TALKING ABOUT 10 F ALSO THE AMARILLO ECONOMIC DEVELOPMENT CORPORATION, AS YOU GUYS KNOW IS A TYPE A, WHICH MEANS ENTERPRISE BUSINESSES BUILD UP OUR ENTERPRISE COMMUNITY, CREATE JOBS, THAT MANUFACTURE, THAT EXPORT OUTSIDE THE CITY OF AMARILLO, THAT BRING A DIRECT BENEFIT BACK TO THE CITY. THAT'S WHAT THE ECONOMIC DEVELOPMENT CORPORATION IS FOR TYPE A. WE COULD HAVE CHOSEN TYPE B AND WE COULD HAVE DONE THINGS LIKE PAY FOR WATER PIPES, AND STREETS AND SIGNS BECAUSE THAT'S WHAT THIS SAYS, AND A GENTLEMAN BEFORE ME SAID, WELL, IF IT'S HAPPENED, AND JUST LET IT HAPPEN. WHY WOULD WE DO THAT RULES I DON'T KNOW HOW MANY TIMES YOU HEARD ME SAY RULES ARE FOR EVERYBODY. WE GOT TO GO BY THE RULES, AND ESPECIALLY WHEN IT COMES TO TAX DOLLARS. IF YOU HAVE A PRIVATE BUSINESS, YOU CAN LET JOE BLOW GET AWAY WITH SOMETHING IF HE'S CONTRIBUTING 5 MILLION TO YOUR BOTTOM LINE, BUT THAT'S NOT YOUR JOB TO DO WHEN IT INVOLVES OUR TAX MONEY. WE SHOULDN'T ALLOW THEM JUST TO CONTINUE JUST BECAUSE THAT'S THE WAY IT'S BEEN AND THIS GOOD OLD BOY SYSTEM OF CHANNELING THIS MONEY BACK TO THE OTHER GUYS, TO THE GUYS THAT ALREADY HAVE EVERYTHING HAS GOT TO STOP, AND I THINK ENFORCING THE RULES IS THE WAY TO GO. TYPE A EDCS LIKE I SAID, ARE FOR BUSINESSES AND NOT INFRASTRUCTURE. THIS TYPE OF EXPENSE. AGAIN, WE'RE DOING A LINE ITEM. WE'RE GOING TO MOVE A SIGN IS INFRASTRUCTURE. A SIGN IS SOMETHING WE'VE GOT TO MAINTAIN. IT'S NOT MARKETING. IT'S NOT SOMETHING THAT WE ALL KNOW WHAT MARKETING IS, AND THEY'RE GOING TO LINE OUT IN THIS OVER TO AN INFRASTRUCTURE EXPENSE. I DON'T AGREE WITH IT. I THINK YOU GUYS SHOULD SEEK ATTORNEY GENERAL OPINION. AS AN EXAMPLE, THE CITY OF ODESSA AND GRAND PRAIRIE, THEY USED EDCS TO BUILD GATEWAY SIGNS, BUT THEY BOTH HAVE TYPE B EDCS. THE LAST THING I WANT TO MENTION IS THESE STOPLIGHTS. YOU GUYS SAW ON THE WAY IN HERE. THEY PURPOSELY MADE THESE LIGHTS. I JUST EXPERIENCED TO CAUSE ACCIDENTS. YOU GOT SOMEBODY UP HERE THAT'S ASKING FOR GRANT MONEY TO IMPROVE THE PROBLEMS WE'RE HAVING WITH TRAFFIC, AND THEY CAUSED THIS PROBLEM. A FEW YEARS AGO, THEY GUSHED HOW THIS NEW SYSTEM WAS GOING TO MAKE IT SO EASY TO TRAVEL THROUGH THIS CITY. I HAVE TWO BUSINESSES ONE EACH END OF THIS CITY. ONE OF MY EMPLOYEE SAYS, COMPARED TO TWO YEARS AGO, TAKES THEM 15 MINUTES LONGER TO GET TO ONE BUSINESS TO THE OTHER THAN IT DID TWO YEARS AGO. COMING HERE ON SIXTH STREET, EVERY CROSS STREET, I COULD GO THROUGH ONE STREET HAD TO STOP, ONE STREET HAD TO STOP. THEN I WAS LIKE, MAN, I'M LATE. I'M GOING TO GUN IT, SO I GUNNED IT AND I BARELY MADE IT, AND THAT'S WHY THE THREE BAD INTERSECTIONS ARE DOWNTOWN. THIS GRANT I'D BE REAL CAREFUL OF THAT BECAUSE I THINK THEY'RE [00:45:01] CREATING SITUATIONS TO QUALIFY FOR THE GRANTS. I THINK THAT'S EXACTLY WHAT HAPPENED HERE. >> THANK YOU, MIKE. >> THANK YOU. >> APPRECIATE YOU. YES, MA'AM. >> YOUR HONOR, MY NAME IS SYLVIA STEPHENS AND I AM A CITIZEN OF AMARILLO. I COME TO THE CITY COUNCIL MEETINGS REGULARLY, AND I VERY RARELY SAY ANYTHING. BUT WHEN YOU GET INTO A SUBJECT WHERE YOU START TALKING ABOUT SEX CHANGES AND HOMOSEXUALITY AND ABORTION, THAT IS AN EXTREMELY SENSITIVE SUBJECT FOR ME. NOW THAT I'VE SAID IT'S EXTREMELY SENSITIVE FOR ME, PERSONALLY, LET ME ADDRESS MY BACKGROUND REAL QUICKLY. I HAVE A BACKGROUND, VERY EXTENSIVE IN SCIENCE. I HAVE 14 YEARS OF COLLEGE, AND I HAVE WORKED AS AN EXPERT IN SEVERAL DIFFERENT AREAS. I HAVE OVER 60 COLLEGE COURSES IN SOCIOLOGY, PSYCHOLOGY, NURSING, BIOLOGY, CHEMISTRY, AND MATH ALONE. I'VE TAUGHT AND DONE RESEARCH ON THE GRADUATE LEVEL IN CHEMISTRY AND BIOLOGY. I AM EXTREMELY FAMILIAR WITH THE HUMAN BODY. AS A NURSE, I WAS STUDYING TO BE A PHYSICIAN. MY HEALTH WOULDN'T ALLOW ME TO DO THAT, SO I WENT ON AND DID THE GRADUATE LEVEL TO WORK TOWARD A PHD. IT IS IMPOSSIBLE TO DO A SEX CHANGE ON SOMEBODY. I'LL BE HAPPY TO DISCUSS THAT WITH ANYBODY PROFESSIONALLY, THEY WANT TO DISCUSS IT WITH ME. MANY DOCTORS ARE SELLING THESE PEOPLE A FANTASY AND MAKING MONEY OFF OF IT. I KNOW FOR A FACT, IT IS IMPOSSIBLE BECAUSE THERE ARE TOO MANY DIFFERENCES BETWEEN MALES AND FEMALES PSYCHOLOGICALLY AND PHYSIOLOGICALLY. >> ANOTHER THING, IF THEY'RE SAYING THIS IS SUPPOSED TO BE A FREE COUNTRY WHERE WE ARE ENTITLED TO BELIEVE WHAT WE WANT TO BELIEVE, THEN LET IT BE A FREE COUNTRY AND LET US BELIEVE WHAT WE WANT TO BELIEVE. I DO NOT BELIEVE AND I KNOW IT IS IMPOSSIBLE TO DO SEX CHANGES. I WILL NOT SUPPORT ABORTION. I HAVE SEEN THAT EXTENSIVELY AS A NURSE AND REFUSE TO PARTICIPATE AND BE INVOLVED IN IT. I KNOW WHAT HAPPENS IN THAT LABOR AND DELIVERY ROOM. I'VE BEEN THERE AND SO I'M NOT SPEAKING OF SOMEBODY WHO IS TALKING ABOUT HEARSAY. IT IS A TERRIBLE THING AND IT IS MURDER. I WILL NOT SUPPORT IT, NOT AT ALL UNDER ANY CIRCUMSTANCES. PEOPLE ASK ME ALL THE TIME, WHAT DO YOU RECOMMEND THAT YOU DO IN A CASE WHERE A WOMAN AND HER BABY'S LIFE IS IN DANGER? AND I SAY, AS WHAT WE USED TO DO WHEN I MADE A DECISION TO STUDY BE A PHYSICIAN, THE PHYSICIAN'S RESPONSIBILITY IS TO DO EVERYTHING HE OR SHE CAN TO SAVE BOTH THE MOTHER AND BABY'S LIFE AND NOTHING ELSE. THAT'S WHAT I RECOMMEND, SO SAYING THAT WE HAVE TO GO ALONG WITH THAT. IF THEY WANT TO MAKE A DECISION TO LIVE THAT LIFE, THAT IS THEIR DECISION, BUT YOU WILL NOT FORCE IT ON ME. I WILL NOT CALL A WOMAN, THIS BIOLOGICALLY A WOMAN, A MAN, AND I DO NOT WANT THEM IN THE RESTROOM WITH ME, AND I DO NOT WANT THEM DOING THOSE THINGS AROUND ME AND MY CHILDREN AND OTHER PEOPLE I CARE ABOUT AND WE HAVE A RIGHT TO SAY THAT. >> THANK YOU, MA'AM. APPRECIATE YOU.[NOISE] MR. SCANK, YOU'RE NEXT. >> JAMES SCANK, LIVING IN A CITY. I'M REFERENCE TO THE FEEDBACK YOU WANT FROM ON THE AMARILLA ECONOMIC DEVELOPMENT CORPORATION TYPE A ARTICLES OF INCORPORATION. I WANT TO TAKE YOU THROUGH A LITTLE BIT OF A HISTORY LESSON RIGHT QUICK. SOME PEOPLE LIKE MR. SIMPSON ARE A LOT MORE FAMILIAR WITH IT BACK IN THE END OF AROUND 2008, '9, '10, WHEN WE STARTED UP A DOWNTOWN AMARILLA INC. WE WERE GOING TO SET THIS IS A HISTORY OF WE'RE GOING TO SET UP THIS PARKING GARAGE, CONVENTION HOTEL AND BUILD US A BALLPARK. IT WAS ALL JUST IN THE TALKING STAGES AT THAT TIME, BUT THEN THEY STARTED DECIDING AT FIRST, YOU CORRECT ME IF YOU LIKE LESS, BUT AT FIRST, THERE WAS A DRAWING THAT WAS GOING TO PUT THE BALLPARK A LITTLE BIT WEST OF HERE OVER IN THAT WAREHOUSE AREA. THAT FELL ON DEAF EARS BUT AS YOU ALL WERE WORKING IT OUT TO DEVELOP THAT WE STARTED DETERMINING THAT FOR SOME REASON, [00:50:04] THE BEST PLACE TO BUILD IT WOULD BE RIGHT HERE IN FRONT OF CITY HALL AND IN MY OPINION, SHOE HONOR A NICE STADIUM. WE CERTAINLY HAVE A NICE STADIUM. RIGHT IN THERE, BUT THERE WAS A PROBLEM, THAT HAD A COKE PROPERTY HERE. THE COKE PROPERTY WAS SITTING THERE AND SOMETHING NEED TO HAPPEN. WELL, ALL OF A SUDDEN RUMOR HAD IT THAT COKE WAS FIXING TO MOVE. IF WE DON'T HELP THEM BUILD SOMETHING, IF WE DON'T REDIRECT THEM, IF WE DON'T HELP THEM, THEY'RE GOING TO MOVE THEIR DISTRIBUTION TO INID OR SOMETHING LIKE THAT. MOVE JOBS. IN A PROTECTION OF THOSE JOBS, THE ADC SAID, WELL, WE'LL JUST GO AHEAD AND PURCHASE THAT PROPERTY, AND BUILD Y'ALL A NICE PLACE OUT AT THE CENTER, WHERE IT'S AT NOW. NOT REALLY, I WASN'T A BUILDING AT THAT TIME, IT WAS LET'S USE THAT OLD WINDMILL THING THAT DIDN'T WORK BUT COKE DIDN'T WANT THAT SO WE WANTED TO BUILD A NEW STATE OF THE ART AND MOVE THEIR 300 OR SO JOBS OUT THERE. THE WAY THE SITUATION WORKED ACTUALLY MADE IT WHERE THEY LOST JOBS BECAUSE OF THE TECHNOLOGY INNOVATIONS THAT HAVE GONE ON IN THAT INDUSTRY OF DISTRIBUTING THINGS, THEY COULD DO IT MORE EFFICIENTLY ONCE THEY GOT OUT THERE. SIDE NOTE. HOW DO WE GET THAT? WE GOT THAT, THEN ALL OF A SUDDEN, WE HAD TO FIGURE OUT HOW TO GET IT BACK TO WHERE THE CITY COULD OWN IT. BUT THE AEDC COULDN'T SELL IT TO US AND THAT IS I WISH MIKE WAS HERE BECAUSE THAT'S A CONFUSING AREA FOR ME THAT MOVED AROUND IN A WAY THAT MADE IT WHERE, WHO, THAT WENT FAST. DID YOU SPEED THAT UP ON ME? ANYWAY MY KEY DEAL HERE IS I'VE ALWAYS THOUGHT THAT THE AEDC SHOULD BE DOING MORE TYPE B PROJECTS. BECAUSE IF YOU DO TYPE A AND TYPE B, WHICH SOME CITIES DO, THEY DO BOTH, THEN YOU'LL BE ABLE TO GET HELP WITH SOME OF THESE INFRASTRUCTURE NEEDS THAT WE HAVE. AND SO IN THE ARTICLES OF INCORPORATION, IT SHOULD BE LEANED ON A LITTLE BIT THAT WE DO TYPE B PROJECTS. THANK YOU. >> THANK YOU, MR. SCANK. APPRECIATE YOU, SIR. DO YOU HAVE ANYONE ELSE HERE WHO'D LIKE TO SPEAK? THAT CONCLUDES PUBLIC COMMENT. I APPRECIATE EVERYONE FOR PARTICIPATING IN THAT. WE'LL SLOW THAT CLOCK DOWN NEXT TIME. JIMMY JOE. MOVING ON TO OUR DISCUSSION ITEMS. [8.A. Review agenda items for regular meeting and attachments] ITEM 8A, DO I HAVE ANYTHING ON THE AGENDA AND NEEDS TO COME OFF FOR REVIEW, COUNSEL? WE'RE GOING TO MOVE ON TO ITEM [SPANISH] B FLEET VEHICLE LEASING PROGRAM. [8.B. Fleet vehicle leasing program update] WE'VE GOT AN UPDATE HERE FROM MR. HOOPER. HOW YOU GUYS COMING WITH THAT, SIR? >> WE'RE GOING REALLY WELL, AND THAT'S WHAT WE WANT TO BRING TO YOU TODAY. WE JUST TALK ABOUT WHAT'S HAPPENED SINCE THE LAST THE LAST TIME WE PROBABLY DISCUSSED IT WAS IN OUR BUDGET HEARINGS, AND WE TALKED ABOUT OUR PLAN AND WHAT WE'RE GOING TO DO. WE WANT TO JUST GIVE YOU AN UPDATE, LET YOU KNOW WHAT'S HAPPENED AT A FEW WEEKS, ESPECIALLY WITH THE MEETINGS THAT WE HAD WITH D&M LEASING. JUST START THIS PRESENTATION, IF IT'LL GO TO THE NEXT SLIDE. MAYBE THIS ISN'T WORKING STEFF, YOU MAY HAVE TO. >> [INAUDIBLE] >> THAT ALWAYS HELPS TO TURN IT ON, DOESN'T IT? WE HAD SOME MEETINGS. WE HAD D&M LEASING COME HERE. THEY BROUGHT REPRESENTATIVES FROM THEIR ATLANTA HEADQUARTERS, ALSO FROM THE FORT WORTH REGIONAL OFFICE. THEY HAD THE TOP OF THE CREAM OF THE CROP COME TO VISIT WITH US, AND WE HAD SOME RIGHT SIZE MEETINGS WITH THEM. VERY PRODUCTIVE MEETINGS THAT WE HAD WITH THEM. DURING THOSE MEETINGS, WE HAD A GOAL, AND THAT WAS TO LOOK AT OUR FLEET, LOOK WHAT WE WERE USING, HOW WE WERE UTILIZING IT, AND HOW WE COULD POSSIBLY UTILIZE IT BETTER TO SAVE SOME MONEY, BOTH THROUGH EFFICIENCY, THROUGH DOWNSIZING SOME OF OUR EQUIPMENT AND THINGS LIKE THAT. AS YOU CAN SEE ON THE LIST HERE, WE TALKED ABOUT THE TYPE OF VEHICLES THAT WE NEEDED FOR SPECIFIC JOB FUNCTIONS, LOAD CAPACITIES, HOW MANY PEOPLE THAT EACH OF THESE VEHICLES CARRY. FIT NEEDS THAT WE WOULD HAVE AND LET'S SAY FIT, THAT'S LIKE LIGHT BARS, SAFETY EQUIPMENT, LIFT GATES, THINGS LIKE THAT THAT GO ON THE EQUIPMENT. SAFETY EQUIPMENT AS WELL, HOW MANY MILES PER YEAR THAT WE WOULD DRIVE IN THESE VEHICLES AND THE ENVIRONMENT THAT THEY WORK IN. I WANT TO MENTION THAT DURING THOSE MEETINGS, I THINK THE MOST IMPRESSIVE THING WAS WE HAD EVERY DEPARTMENT THAT HAS SOMETHING LISTED THAT WAS GOING TO GET REPLACED THIS YEAR IN OUR PLAN COME. WE WOULD HAVE EITHER THE DIRECTORS, ASSISTANT DIRECTORS, SOME OF THE SUPERVISORS FOR THOSE DEPARTMENTS WOULD COME AND PARTICIPATE IN THOSE VISITS. 100% OF THE TIME, THEY HAD A VERY POSITIVE ATTITUDE. THEY WERE WILLING TO SAY, WHAT CAN WE DO TO MAKE THIS BETTER. IT WAS SO IMPRESSIVE ENOUGH THAT D&M EVEN COMPLIMENTED US AT THE END OF IT AND SAID, WE'VE NEVER SEEN A CITY STAFF ACT THE WAY THAT YOURS DID. YOU WERE PREPARED. [00:55:05] THEY WERE ALL PREPARED. THEY CAME WITH ALL THE INFORMATION, AND IT MADE OUR JOB REALLY EASY FOR US. I JUST WANT TO THROW THAT OUT THERE THAT I THOUGHT THAT WAS GREAT, AND I THINK EVERYBODY THAT WAS IN THOSE MEETINGS SAW THAT SAME THING. I DO WANT TO MENTION THAT OUR LEASING PLAN LOOKS LIKE THIS. THIS IS WHAT WE'VE LANDED ON, WE'RE GOING TO BE ABLE TO REPLACE ABOUT 168 UNITS THROUGH THE LEASING PROGRAM, THAT'S 95 IN THE GENERAL FUND PLUS THE 20 THAT WE'VE ALREADY LEASED OR THEY'RE IN PRODUCTION RIGHT NOW FOR THE POLICE DEPARTMENT, THAT WAS THE DURANGOS THAT WE GOT A FEW MONTHS AGO. WELL FOR A TOTAL OF 115 OUT OF THE GENERAL FUND, 53 UNITS IN THE ENTERPRISE FUNDS. THAT INCLUDES UTILITIES, DRAINAGE UTILITY, ALSO OUR GRANT FUNDED PROGRAMS SUCH AS COMMUNITY DEVELOPMENT AND PUBLIC HEALTH. IN THE PAST, WHAT WE'VE BEEN ABLE TO DO, I GOT HERE IN 2018, AND WE'VE JUST BEEN ABLE TO GET A HANDFUL OF VEHICLES EVERY YEAR BECAUSE OUR HEAVY EQUIPMENT LOAD IS SO BIG. KEEP IN MIND, WE'RE JUST TALKING ABOUT WHAT WE CALL OUR WHITE FLEET OR THIS IS JUST OUR ONE TONS AND BELOW. WE'LL GET TO THE HEAVY EQUIPMENT AS WE GET ON THROUGH THE DISCUSSIONS LATER ON THIS YEAR. WE'LL BRING THAT PIECE BACK TO YOU AND I'LL TALK ABOUT THAT IN A MOMENT. BUT THAT'S A LOT, 168 I DO WANT TO TELL YOU JUST LAURA AND I WERE TALKING THE OTHER DAY AND SHE SAID, WE PROBABLY NEED TO BRING THIS UP AND IT'S A GREAT IDEA. WE HAVE EXISTING LEASES THAT WE'VE BEEN DOING FOR QUITE A WHILE. WE HAVE SEVEN TOTAL LEASES THAT WE HAVE UNDERWAY RIGHT NOW, THAT'S FOR TWO COMPACTORS, THREE SCRAPERS, ONE DOZER AND ONE GRINDER, A LARGE GRINDER THAT'S OUT THERE AT THE LANDFILL, ALL OF THIS OUT THERE. BUT WE JUST WANT YOU TO KNOW THAT SO WHEN THE NUMBERS COME UP LATER AND WE SEE JUST LEASING NUMBERS, THESE WOULD BE INCLUDED IN THAT, BUT HAS NOT BEEN INCLUDED IN OUR DISCUSSIONS WITH D&M LEASING. THESE ARE HEAVY EQUIPMENT PIECES THAT THAT COMPACTOR RIGHT THERE IS A MILLION I HAVE TO PURCHASE. MOST EVERY CITY THAT HAS EQUIPMENT LIKE THAT IS LEASING IT. OUR LEASE PLAN LOOKS LIKE THIS. LOOK AT THE NUMBERS AND SEE HOW THE DETAILS ARE SPLIT OUT. WE HAVE OUR FULL SIZE PICKUPS OR 74 OF THOSE. SPECIAL EQUIPMENT. WHAT THAT MEANS, IS ANYTHING THAT HAS A BODY UP FIT, SUCH AS A SERVICE BODY, A LIFT GATE, CRANES, ETC. THEN WE HAVE OUR PATROL UNITS THAT WE TALKED ABOUT JUST A MOMENT AGO, THE DODGE DURANGOS, PASSENGER VEHICLES AT 11. THE KEY TO, THIS LITTLE CHART HERE IS THE MAVERICKS THAT YOU SEE AT THE BOTTOM. WE DON'T HAVE ANYTHING THAT SMALL IN OUR FLEET. WE HAD A LOT OF DEPARTMENTS THAT CAME IN AND SAID, WE DON'T REALLY NEED A LARGE HALF TON PICKUP OR SOMETHING LIKE THAT. WE COULD DOWNSIZE TO THAT, STILL GET OUR JOB DONE EFFICIENTLY AND EFFECTIVELY. IN ORDER TO MAKE IT AND THIS RIGHT SIZE MEETING TO LOOK AT ALL THE NUMBERS AT THE END, THOSE SAVED US MONEY, NOT ONLY IN THE COST OF THE LEASE, BUT IT ALSO SAVES US MONEY IN THE LONG RUN. BETTER FUEL EFFICIENCY FOR A SMALLER VEHICLE THAN THE HALF TO PICK UPS AND SO ON AND SO FORTH. THAT WAS ONE OF THE THINGS THAT COOPERATIVE NATURE THAT I TALKED ABOUT AT THE VERY BEGINNING OF THE PRESENTATION THAT WAS VERY EFFECTIVE IN THE END. WE'LL BE GETTING 33 OF THESE, WE'LL START SEEING SOME SMALLER VEHICLES OUT ON THE STREETS THAT ARE DOING THEIR WORK OUT THERE. THIS IS JUST AN OVERALL LOOK AT THE LEASE PLAN, 68% OF ITS IN THE GENERAL FUND, 32% OF IT IS IN THOSE OTHER FUNDS WE TALKED ABOUT. THIS IS REALLY A PRETTY GOOD REPRESENTATION OF WHAT OUR FLEET LOOKS LIKE ANYWAY. IT'S EVEN DISTRIBUTION OF WHAT WE'RE PUTTING OUT THERE IN THE DEPARTMENTS. THE LEASING PLAN ITSELF, THE 168 VEHICLES PLUS THE SEVEN ALREADY LEASED IN FLEET, 175, WE HAVE SEVEN OTHER VEHICLES OTHER THAN THE 20, AND THAT WAS THE VEHICLES THAT ARE ALREADY ON THE STREETS NOW FOR THE MARSHAL'S OFFICE AND OFFICE OF EMERGENCY MANAGEMENT THAT YOU GUYS APPROVED EARLIER. BUT THAT COMES OUT TO ABOUT A TOTAL OF 1.8 MILLION DOLLAR. THAT'S NOT A HARD NUMBER. THAT'S A NUMBER THAT WILL CHANGE A LITTLE BIT BECAUSE WE HAVEN'T SEEN WHAT THE PRICING IS GOING TO LOOK LIKE WHENEVER THEY OPEN UP THE ORDER BANKS. THE WAY THAT THAT WORKS IS THESE MANUFACTURERS FOR THE VEHICLES THAT WE'VE CHOSEN, WE'LL OPEN UP AN ORDER BANK AND THEY'LL SAY, IT'S OPEN NOW FOR ORDERS, HERE'S WHAT THE PRICING LOOKS LIKE, AND THEN WE GO. THEY KNOW PRETTY WELL WHAT THIS PRICING IS GOING TO LOOK LIKE, BUT IT IS GOING TO FLUCTUATE JUST A LITTLE BIT. IF WE WOULD HAVE OUTRIGHT PURCHASED ALL OF THIS EQUIPMENT THIS YEAR, WHICH WE WOULDN'T HAVE BEEN ABLE TO DO WITH THE BUDGET THAT WE HAD, IT'D BE A LITTLE OVER $8 MILLION. WE'RE PUTTING A LOT OF VEHICLES ON THE STREETS, WHICH PROVIDES BETTER SERVICE, WE'RE ALSO GOING TO BE SAVING MONEY ON MAINTENANCE COSTS AS WE DO THAT WITH SOME OF THESE AGE FLEET. MOST OF THESE THAT WE'RE REPLACING ARE 2014/2015 MODELS. THEY ARE REALLY OLD AND HAVE A LOT OF MILES ON THEM. WE LOOK FOR SOME GREAT THINGS TO COME FROM THAT. QUICK TIMELINE FOR YOU. WE EXPECT THE UNITS TO BE ORDERED AS THOSE BANKS OPEN UP THAT'S USUALLY IN THE FALL. THAT'S USUALLY GOING TO BE RIGHT WHEN ONE OF THE BANKS IS ALREADY OPENED. FOR THE MAVERICKS, WE EXPECT THE OTHERS TO FOLLOW PRETTY SOON. WE ANTICIPATE DELIVERY IN THE FIRST QUARTER FOR MOST OF THAT, EXCEPT FOR THE VEHICLES THAT WOULD HAVE ANY UPFITS, IT'S GOING TO HAVE TO GO TO ANOTHER OUTFITTER AND THEN COME BACK TO US. FUNDING WAS APPROVED DURING THE BUDGET PROCESS. WHAT WE REALLY ARE ANTICIPATING IS THAT WE WON'T BE BRINGING THESE BACK TO YOU. WE'RE NOT GOING TO JUST BRING THESE LEASES BACK TO YOU AS WE GET THEM. YOU ALREADY SEEN THE NUMBERS IN THE BUDGET PROCESS. WE WANT TO GIVE YOU THE UPDATE NOW TO SHOW YOU WHERE WE ARE GOING AND THAT WOULD BE WHAT WE ANTICIPATE DOING MOVING FORWARD. WE DO WANT TO ALSO, DO WE GO PAST OUR SLIDE? WAS THE LAST ONE IS MISSING? SO WE ALSO WANT TO TELL YOU THAT THE REASON FOR THE UPDATE TODAY IS TO TELL YOU THAT THE HEAVY EQUIPMENT ON THE OTHER SIDE THAT WE [01:00:01] TALKED ABOUT WITH REVENUE FUNDING FOR THAT, WE WILL BE BRINGING BACK TO YOU AT A FUTURE DATE. WE'RE STILL CRUNCHING THE NUMBERS ON THAT. WE'RE STILL WAITING TO SEE WHAT THE PRICES ARE GOING TO BE FOR TRASH TRUCKS, HEAVY EQUIPMENT, THINGS LIKE THAT SO THAT WE CAN PUT A COMPREHENSIVE LIST TOGETHER. WE'LL BRING THAT BACK TO YOU, GIVE YOU ANOTHER UPDATE AND LET YOU KNOW WHERE WE'RE AT WITH THAT. GENERALLY, WE WOULD BE ABLE TO ISSUE THAT DEBT IN FEBRUARY WITH FUNDING AVAILABLE IN MARCH, AND WE WOULD BE ABLE TO MAKE OUR ORDERS. SHOULD WE HAVE TO MAKE THE ORDERS EARLIER THAN THAT, WE HAVE A PLAN THAT WE COULD ADDRESS WITH THE COUNCIL AS WELL. SO IF YOU HAVE ANY QUESTIONS, I'LL BE GLAD TO ANSWER THAT. NOW, I JUST WANT TO GIVE YOU A QUICK UPDATE ON WHERE WE'RE AT. QUESTIONS, COUNSEL? YES,. >> NO SIR. THANK YOU, DONNY. YEAH. THERE YOU GO. >> MR. HOOPER, GREAT JOB. COUNSEL, AND YOUR CITIZENS, APPRECIATE THESE EFFICIENCIES THAT YOU CONTINUE TO FIND. >> THANK YOU. APPRECIATE. THANK YOU. >> NEXT IS MR. DANFORTH, COMING FORWARD. [8.C. Facilities update on the following projects: City Hall, Grant Street Drainage, Service Center North, Service Center Fuel Islands, Transformation Park, Civic Center Coliseum Flooring, Amarillo Police Department Regional Crime Center, and Municipal Court Building Streetscape] FACILITIES UPDATE, HE'S GOING TO RUN US THROUGH, I DON'T KNOW, TEN PROJECTS OR SO, I HEAR IT'S A QUICK PRESENTATION, BUT VERY EDUCATIONAL. .>> WELL, I'M NOT AS ELOQUENT OF A SPEAKER AS DONNY IS, SO WE DID A VIDEO PRESENTATION SO. [LAUGHTER] NOT MANY ARE, SIR. WHAT YOU'RE GOING TO SEE IS BASICALLY WHAT WE PRESENTED TO YOU ABOUT A MONTH AND A HALF AGO, WHERE THAT JOB WAS AT THAT TIME AND THEN SEE WHERE YOU'RE AT CURRENTLY. YOU'LL SEE IT TIES IN WITH WHAT WE HAD FOR THE RIBBON CUTTING TODAY AS WELL. AND I KNOW SOME OF YOU COUNCIL MEMBERS HAVE HAD AN OPPORTUNITY TO GO TO PD AND SEE SOME OF THAT. SO WITH THAT BEING SAID, WE'LL GO AHEAD AND GET IT STARTED. [MUSIC] >> MANY OF THE PROJECTS THAT YOU SEE REPRESENTED THERE, I'LL GIVE YOU AN EXAMPLE THAT LAST ONE, WHICH WAS THE CIVIC CENTER, COMPLETELY REDOING THE ARENA FLOOR, NEW ICE, REBUILD OF THE AMMONIA PLANT. CURRENTLY, TODAY, IF YOU WAS TO GO OVER THERE, THE HOCKEY ARENA IS READY TO GO AND READY TO PLAY HOCKEY. THAT WAS PROBABLY ONE OF OUR MORE STRESSFUL TIME CRUNCH PROJECTS, BUT IT MOVED ALONG. YOU DID SEE THE GRANT STREET PROJECT, THAT STORM DRAINAGE, THAT'S REALLY GOING TO BENEFIT THE CITY AS FAR AS MITIGATING A LOT OF THE FLOODING ISSUES THAT WE HAVE ON 10TH AND THIRD STREET. ALL OF THESE PROJECTS ARE MOVED ALONG. YOU SAW THAT MOST OF THOSE PROJECTS ARE AT 85% COMPLETE WITH THE EXCEPTION OF TRANSFORMATION PARK, THE CABIN COMMUNITY. I WOULD SAY WE'RE CLOSE TO 70% ON THAT ONE RIGHT NOW. MOST OF THESE JOBS, EVEN FROM THE VIDEO, HAVE CHANGED DRAMATICALLY FROM THAT POINT. >> [INAUDIBLE] AS WE MOVE FORWARD, BUT I APPRECIATE YOU ALL SHOWING UP. WE'RE REALLY GETTING OUT THERE THE FUEL SITE, SEEING EFFICIENCIES THAT MR. HARTMAN POINTED OUT. ALL THESE WE CAN DO. ALL OF THESE PROJECTS [INAUDIBLE] COMMUNITY. I'LL BE HAPPY TO ANSWER ANY QUESTION. >> QUESTIONS FOR MR. DANFORTH. [01:05:04] >> [INAUDIBLE]. >> MAN, JERRY HAS TWO OF OUR FAVORITE PHRASES ON SCHEDULE AND UNDER BUDGET. HE'S GOT THOSE DOWN. GOOD JOB, JERRY. THANK YOU FOR EVERYTHING. MOVING FORWARD. MOVE OVER TO ITEM 8D. [8.D. Discuss and receive feedback on possible amendments to the Amarillo Economic Development Corporation – Type A’s Articles of Incorporation intended to better ensure operational compliance with applicable law] DISCUSS AND RECEIVE SOME FEEDBACK ON TYPE A ARTICLES OF INCORPORATION. BEFORE WE GET MR. HYDE UP AT THE PODIUM. WE'VE BEEN DOING A GOOD JOB EVERY MEETING OF TRYING TO CONTINUE TO UPDATE THE RESEARCH ON THE THREE-YEAR LOOK BACK IN THE REVIEW. U'NEILL GERBER IS OUR INTERNAL AUDITOR THAT'S WORKING ON THAT. WE HAD IT SCHEDULED TO BRING THAT FORWARD TO YOU AGAIN TODAY TO JUST CONTINUE TO VET OUT SOME OF THE QUESTIONS THAT COUNSEL HAS BROUGHT FORWARD AND UPDATE THE PUBLIC ON WHERE WE'RE AT WITH SOME OF THE FINDINGS. HE IS OUT OF TOWN THIS WEEK AND NOT HERE, AND SO LAST WEEK HE DIDN'T HAVE EVERYTHING READY FOR US. MR. PATH, IF YOU DON'T MIND, COULD YOU JUST GIVE US A LITTLE BIT MORE BACKGROUND ON WHERE WE'RE AT WITH THAT AND THEN WE'LL TRANSITION. >> INTERNAL AUDIT, THEY COMPLETED THEIR REVIEW OF THE COUNCIL REQUESTED REIMBURSABLE ITEMS AND SOME EXPENSES, AND REPORT HAS BEEN SENT TO THE CITY COUNCIL AND YOU'VE ALSO RECEIVED THE SUPPORTING DOCUMENTS TODAY AS WELL. AGAIN, WE HAD PLANNED TO HAVE A PRESENTATION TODAY, BUT U'NEILL HAD A MUCH WELL DESERVED VACATION PLAN THIS WEEK, SO HE'S OUT, AND I DO FEEL IT'S BEST THAT U'NEILL PROVIDE SUMMARY AND ANSWER THOSE QUESTIONS, AND SO WE'LL HAVE HIM PLAN FOR THE NEXT COUNCIL MEETING. >> REALLY GOOD, SIR. JUST TO CONTINUE WITH OUR COMMITMENT OF JUST WORKING OUT IN FRONT OF EVERYONE. COUNSEL IS NOW IN POSSESSION OF THOSE AS OF AN HOUR AGO, TWO HOURS AGO, MAYBE. WE'LL REVIEW THOSE, REDACT THE PRIVATE INFORMATION NEEDS TO BE REDACTED. THAT'LL AGAIN COME TO THE PUBLIC SO YOU GUYS CAN SEE EVERYTHING WE'RE SEEING. THEN WE'LL CONTINUE FORWARD WITH THIS AND WE REALLY FEEL LIKE WE'RE CLOSE TO GETTING ALL OF THIS TAKEN CARE OF AND BEING ABLE TO MOVE FORWARD. MR. GEORGE HYDE, I KNOW YOU'VE GOT A PRESENTATION HERE. YOU'VE WORKED PRETTY DILIGENTLY IF YOU COME FORWARD IN MAKING RECOMMENDATIONS. ONCE AGAIN, THIS IS A DISCUSSION ONLY, AND WE WANT TO HEAR WHAT YOU HAVE TO SAY. WE WANT TO HEAR WHAT COUNSEL HAS TO SAY AND TRY TO MOVE THIS FORWARD AND SEE IF WE CAN COME TO A GOOD SOLID PLAN OF ACTION. >> FIRST OF ALL, I FEEL LIKE I'M GOING TO SWALLOW THIS A LITTLE BIT. I WANTED TO TALK A LITTLE BIT ABOUT SOME OF THE FEEDBACK I HEARD FROM PAST DISCUSSIONS. THE INFORMATION THAT I'M PROVIDING TO YOU TODAY IS GOING TO BE MIRRORING OR MATCHING, SO TO SPEAK, WITH POTENTIAL CHANGES THAT I'VE IDENTIFIED BASED ON THE FEEDBACK THAT I'VE GOTTEN FROM COUNSEL, AS WELL AS THE STATE LAWS. THE CONCERN THAT HAS BEEN CONTINUING THROUGHOUT THE PROCESS IS THAT THERE HAVE BEEN A NUMBER OF CLAIMS THAT WE WE HAD NO PROTOCOLS, WE HAD NO POLICIES. WELL, AND I DON'T MEAN ANY OFFENSE TO THIS, BUT IGNORANCE OF THE LAW IS NO DEFENSE. WHEN YOU COME TO PUBLIC INFORMATION AND PUBLIC RULES, YOU'LL SEE THAT THERE ARE FIDUCIARY OBLIGATIONS THAT THE BUSINESS ORGANIZATIONS CODE PROVIDES THAT PLACES THE BOARD IN A POSITION THAT THEY ARE RESPONSIBLE IF THEY ARE NOT DOING THEIR JOB AS A BOARD. THAT IS OUTLINED IN OUR DISCUSSION TODAY, AS WELL AS THE OBLIGATIONS AND AUTHORITIES OF HOW EXPENDITURES ARE MADE. WHAT I WANT TO DO IN THIS THAT I LOOKED BECAUSE IN ONE PARTICULAR PROVISION, I WAS TRYING TO FIND LEGISLATIVE HISTORY, AND I WENT ALL THE WAY BACK TO THE INDUSTRIAL CORPORATION ACT OF 1979, AND SECTION 33, WHICH WE'LL TALK ABOUT UNDER ITS CODE NOW, WAS PART OF THAT INITIAL CREATION OF LOCAL GOVERNMENT CORPORATION RULES. BUT BECAUSE THERE HASN'T BEEN ANY CONTROVERSIES, TYPICALLY BECAUSE YOU ARE IN CONTROL OF THE ECONOMIC DEVELOPMENT CORPORATIONS BOARD AND THEIR EXPENDITURES, THERE ISN'T A CASE LAW ON IT, BECAUSE IT WAS SOMETHING THAT THE LEGISLATURE HAS PROVIDED AND PUT INTO THE HANDS OF THE CITY COUNCIL. WITH THAT BEING SAID, SOME OF THIS IS A LITTLE BIT SMALL, SO I APOLOGIZE IN ADVANCE. I DIDN'T KNOW HOW BIG TO MAKE IT. BUT FIRST OF ALL, WE ARE AMENDING AND RESTATING ARTICLES OF INCORPORATION OF THE AMARILLO ECONOMIC DEVELOPMENT CORPORATION PURSUANT TO SECTION 501.011 OF THE TEXAS LOCAL GOVERNMENT CODE, AND UNDER THE AUTHORITY PROVIDED TO THE CITY COUNCIL UNDER 501.401 OF THE SAME CODE. THERE'S GOING TO BE PREDOMINANTLY THREE AREAS OF LAW [01:10:01] THAT I'M GOING TO DISCUSS, CHAPTER 501, WHICH IS THE TYPE A CORPORATE RULES FOR ECONOMIC DEVELOPMENT CORPORATION, 504, WHICH IS APPLICABLE TO TYPE A LOCAL GOVERNMENT CORPORATIONS IN THE MANNER IN WHICH THEY'RE CREATED, AND THEN CHAPTER 22 OF THE BUSINESS ORGANIZATIONS CODE, WHICH SPECIFICALLY APPLIES TO ORGANIZATIONS THAT ARE NONPROFIT CORPORATIONS IN TEXAS. WHAT YOU'LL FIND IS THAT THE ECONOMIC DEVELOPMENT CORPORATION IS A NONPROFIT CORPORATION, BY STATUTORY EDICT. HOWEVER, WHEN THE RULES FOR A NONPROFIT CORPORATION CONFLICT WITH THE RULES OF CHAPTER 501 OR 504, THE RULES IN 501 AND 504 TRUMP THE RULES IN THE BUSINESS ORGANIZATION'S CODE. THAT'S BECAUSE YOU'VE BEEN CREATED A SPECIAL TYPE OF CORPORATION, WHICH IS FUNDED BY TAX DOLLARS AND CONTROLLED BY THE CITY COUNCIL. CONNECT IT. THERE WE GO. HERE, FOR INSTANCE, ON THE LEFT HAND SIDE OF THE ITEM IS LANGUAGE WITH REGARDS TO WHAT'S IN THERE AND THEN ON THE OTHER SIDE, THESE ARE THE TWO PROVISIONS. I'M SORRY. LET ME DO THIS AGAIN. IT WON'T LET ME BACK UP. I WENT TOO FAR. HERE I REFERENCED 501.011 AND 501.401. THIS IS ONE OF THEM WHERE 501.011 AND 501.401 ARE PROVIDED IN THEIR TOTALITY TO THE CITY COUNCIL AND TO THE PUBLIC. THESE ARE THE PROVISIONS OF LAW THAT AUTHORIZE US TO DO WHAT WE'RE DOING TODAY. I JUST WANTED TO POINT OUT UNDER 501.401, AND I'M GOING TO DO THIS THROUGHOUT THE CONSTRUCT IS THAT YOU'LL SEE OVER AND OVER AGAIN WHERE THE REFERENCE OF THE OBLIGATION OF THIS ORGANIZATION TO APPROVE PROJECTS AND EXPENDITURES IS IN MORE THAN ONE PLACE IN THE CODE. HERE UNDER 501.401 TO BE THE AUTHORITY OF AN AUTHORIZING UNIT UNDER THIS SECTION IS LIMITED ONLY BY THE LAW OF THE STATE ON THE IMPAIRMENT OF CONTRACTS ENTERED INTO BY THE CORPORATION. RIGHT ABOVE THAT, YOU'LL SEE THAT THIS UNIT, THE CITY COUNCIL HAS THE AUTHORITY TO TERMINATE THE CORPORATION. I'M NOT SAYING THAT THIS IS A OPTION FOR YOU. IT'S JUST AN EXPLANATION OF THE LAW. IF THE CITY COUNCIL CHOSE TO TERMINATE THE EXISTENCE OF THE CORPORATION AND THE CORPORATION HAD MULTIMILLION DOLLAR INCENTIVE PROGRAMS AND OTHER CONTRACTS IN PLACE, YOU WOULD NOT BE ABLE TO HAVE THAT TERMINATION BE EFFECTIVE UNTIL ALL OF THOSE CONTRACTS WERE FULFILLED OR EXPIRED. THAT'S IN ORDER TO ENSURE THE CONTRACTUAL SUPPORT FOR THE OTHER PARTIES WHO ARE INCENTIVIZED TO COME TO YOU. NOW THE ARTICLES THEMSELVES, UNDER 501.056, THIS IS A SIMPLE EXAMPLE THAT CHAPTER 22 OF BUSINESS ORGANIZATIONS CODE HAS WHAT YOU HAVE TO HAVE TO CREATE A NONPROFIT CORPORATION. HERE, THE CONTENTS OF A CERTIFICATE OF FORMATION, THAT'S WHAT THEY CALL ARTICLES NOW, CERTIFICATES, SO USE THOSE INTERCHANGEABLY. THESE ARE THE REQUIREMENTS OF A CERTIFICATE OF FORMATION FOR AN ECONOMIC DEVELOPMENT CORPORATION, SO 501.056 IS THAT RULE. NAME OF THE CORPORATION, CORPORATION IS A NONPROFIT CORPORATION, THE DURATION OF CORPORATION WHICH MAY BE PERPETUAL, THE SPECIFIC PURPOSE FOR WHICH THE CORPORATION IS ORGANIZED AND MAY ISSUE BONDS ON BEHALF OF THE UNIT, THAT THE CORPORATION HAS NO MEMBERS AND IS A NON-STOCK CORPORATION, AND SIX, WHICH I WANT TO BRING UP, THERE'S MORE. BUT ANY PROVISION CONSISTENT WITH LAW FOR THE REGULATION OF THE CORPORATION'S INTERNAL AFFAIRS, INCLUDING ANY PROVISION REQUIRED OR PERMITTED BY THIS SUBTITLE TO BE STATED IN THE BYLAWS. IT'S ALREADY CREATED THAT OBLIGATION OF CONTROL BECAUSE THE ORGANIZATION THAT APPROVES THE ARTICLES OF FORMATION IS THE CITY COUNCIL. THE PROVISION GOES ON GET SQUEEZED. SEVEN THROUGH 10, GO ON AND SAY, STREET ADDRESS, THE CORPORATION, THE NUMBER OF DIRECTORS, NAME AND STREET ADDRESS OF EACH ORGANIZER, AND THAT THE UNIT BY RESOLUTION SPECIFICALLY AUTHORIZE THE CORPORATION TO ACT ON THE UNIT'S BEHALF TO FURTHER THE PUBLIC PURPOSE [01:15:03] STATED IN THE RESOLUTION AND THE CERTIFICATES OF FORMATION. HERE, IT'S ANOTHER EXAMPLE OF WHERE THE LAW IS FORESHADOWING THE FACT THAT IT IS DOING WORK ON YOUR BEHALF. THE FUNDAMENTAL ECONOMIC DEVELOPMENT STRATEGIES AND DESIRES OF THIS COUNCIL SHOULD BE THE FRAMEWORK FROM WHICH YOUR ECONOMIC DEVELOPMENT CORPORATION WORKS FROM. IF YOU WANT TO DEVELOP MORE INDUSTRIAL AREA, THEN THEY SHOULD LOOK TO THAT. IF THERE'S A TYPE B PROGRAM THAT YOU WANT TO DO, WHICH TYPE A CAN DO, YOU WANT TO CALL A VOTE, THEY SHOULD LOOK AT PREPARING THOSE MATERIALS AS THIS COUNCIL ULTIMATELY DECIDES IS APPROPRIATE. I BROUGHT THE BYLAWS UP BECAUSE THIS IS WHAT'S KEY TO DEVELOPING THIS IN THE CERTIFICATE OF FORMATION, WHICH ARE THE HIGHLIGHTED ITEMS THAT SAY, BE CONSISTENT WITH STATE LAW AND WITH THE CERTIFICATE OF FORMATION FOR THE CORPORATION AND BE APPROVED BY RESOLUTION OF THE GOVERNING BODY OF THE CORPORATION'S AUTHORIZING UNIT. THEY CAN'T CHANGE THEIR BYLAWS WITHOUT YOUR PERMISSION. YOU CREATE THE ARTICLES, THEY CAN'T CHANGE THEIR BYLAWS WITHOUT YOU AUTHORIZING THOSE BYLAWS TO BE APPROVED. AGAIN, IT'S JUST ANOTHER ELEMENT OF OVERSIGHT THAT THE STATUTORY REQUIREMENTS REQUIRE THIS BODY TO DO. ARTICLE 1, THESE ARE EASY. THESE ARE MATERIALLY NOT CHANGED. ARTICLE NUMBER 2. IT JUST IDENTIFIES 501.002, DEFINES THE TYPE A CORPORATION, AND THEN 501.052, THAT IT'S A NON-MEMBER NON-STOCK FORM OF CORPORATION. THESE ARE CHECKING THE BOXES OFF. THIS IS THE LEGISLATIVE FINDINGS AND CONSTRUCTION OF THE SUBTITLE, AND SO WE USE THE LEGISLATIVE FINDINGS THAT FIND THE ECONOMIC DEVELOPMENT CORPORATIONS ARE NECESSARY TO PROVIDE YOUR BASIS FOR YOUR AUTHORITY IN THE LEGISLATURE FINES PORTION. THESE PORTIONS OF THE LEGISLATIVE FINDING AND CONSTRUCTION OF THE SUBTITLE ARE USED TO CREATE YOUR ARTICLES OF INCORPORATION HERE, THE POWERS, GENERAL POWERS, PRIVILEGES, AND FUNCTIONS OF THE ORGANIZATION. AS YOU CAN SEE, WHAT WE'RE DOING IS WE'RE JUST TAKING THE LANGUAGE OUT OF THE STATE LAW, AND THEN WE'RE PUTTING IT INTO AN APPLIED LANGUAGE IN YOUR ARTICLES CORPORATION. ONE OF THE REASONS WHY THIS IS SO IMPORTANT IS THAT YOU DON'T HAVE PEOPLE THAT ARE GENERALLY IN CHAPTER 22 OF THE BUSINESS ORGANIZATIONS CODE OR UNDERSTAND THE ECONOMIC DEVELOPMENT CORPORATION'S RULES UNDER THE LOCAL GOVERNMENT CODE ON YOUR BOARD. HOW ARE THEY SUPPOSED TO KNOW? IF THEY DON'T HAVE THIS IN THEIR FACE, IF IT'S NOT SOMETHING THEY HAVE TO READ UPON BEING APPOINTED TO THE BOARD, THEN THEY'RE NOT GOING TO KNOW UNLESS THEY INDEPENDENTLY KNOW FROM SOME OTHER EXPERIENCE THAT THEY HAVE A FIDUCIARY DUTY. THAT THE BOARD HAS THESE CERTAIN RESPONSIBILITIES. BY PUTTING THIS INTO THE ARTICLES OF INCORPORATION AND ENSURING THAT ANYONE THAT GOES ONTO YOUR BOARD GETS A COPY OF THE ARTICLES OF INCORPORATION AND THE BYLAWS, IT THEN PROVIDES THEM WITH ALL THE INFORMATION NECESSARY FOR THEM TO BE ABLE TO PERFORM PROPERLY UNDER THE LAW AND PERFORM THEIR OBLIGATIONS. WITHOUT THAT, WHAT YOU HAVE IS A LOT OF MISUNDERSTANDING, THE WAY IT'S ALWAYS BEEN MAY NOT NECESSARILY BE LEGAL. AS I STARTED IN THE BEGINNING, WE HAVE TO BE CAREFUL THAT WE DON'T LET THAT GO INTO A POSITION WHERE THEN THERE'S MORE SIGNIFICANT FAULT. ARTICLE 3, THE DURATION IT TALKS ABOUT THE ALTERATION AND TERMINATION BY AUTHORIZING UNIT, 501.401, 501.402, TERMINATION OF CORPORATION ON COMPLETION OF PURPOSE. IF THE BOARD OF DIRECTORS FIND THAT ALL OF THE WORK IS DONE, THEN THEY CAN TERMINATE OR AUTHORIZING UNIT CAN TERMINATE THE CORPORATION. THEN FINALLY, 405, EFFECTIVE ISSUANCE OF CERTIFICATE EVIDENCING FILING OF CERTIFICATION, THAT'S THE PROVISION THAT ALSO IDENTIFIES THE EXISTENCE ENDS ON THE ISSUANCE OF A CERTIFICATION EVIDENCING THE FILING OF THE CERTIFICATE OF TERMINATION AND ITS EXCEPTIONS. [01:20:03] AGAIN, WE TAKE ONE PART AND WE PROVIDE YOU WITH THE STATE LAW THAT SUPPORTS IT. NOW, ARTICLE 4, WE GO THROUGH THE PURPOSE AND WE USE THE LEGISLATIVE FINDINGS IN ORDER TO DEVELOP THAT PURPOSE, AND SO IT PROVIDES THE REFERENCES TO EACH PARAGRAPH AND THE STATUTORY REFERENCE BESIDE IT. THIS AGAIN, IS NOT SIGNIFICANTLY DIFFERENT THAN THE CONSTRUCTION AND PURPOSE OF THE CORPORATION, BUT WHAT I'VE DONE IS I'VE USED IT TO ADOPT THOSE PURPOSES THAT THE STATE LAW ALLOWS. IF YOU TECHNICALLY BROADEN THOSE OBLIGATIONS, IT MAY NOT BE FOUND CONSISTENT WITH THE WITH THE ACT. EVEN THOUGH SOME OF THOSE POINTS ARE ALLOWED. I'VE ACTUALLY HEARD I THINK IT WAS ONE OF THE FIRST THINGS I HEARD WHEN I CAME IN HERE WAS ABOUT TYPE A ORGANIZATIONS AND THEIR ABILITY TO WORK ON INFRASTRUCTURE. BASED ON YOUR PUBLIC STATEMENTS TODAY, THERE'S STILL CONFUSION AND SO I'D LIKE TO CLARIFY THAT AS AN EXAMPLE. WHERE YOU FIND THE INFRASTRUCTURE IMPROVEMENT PROVISION IN THE LAW IS 501.103 OF THE LOCAL GOVERNMENT CODE AND AS I STATED EARLIER, 501 APPLIES TO TYPE A LOCAL GOVERNMENT CORPORATION. BUT THAT INFRASTRUCTURE PROGRAM HAS TO BE CONNECTED TO THE DEVELOPMENT OF PRIMARY JOBS, DEVELOPMENT OF INDUSTRIAL TYPE OF MANUFACTURING PROGRAMS AND YOU HAVE A PERFORMANCE AGREEMENT THAT SET FORTH IN ORDER TO HAVE THAT COMPLETED. SAY, FOR EXAMPLE, THE CITY HAS ZONED A PARTICULAR AREA FOR LIGHT INDUSTRIAL DEVELOPMENT. THAT'S WHERE LIGHT INDUSTRIAL DEVELOPMENT IS GOING TO BE AND SAY THAT IT'S GREENFIELD. WHO WANTS TO BUY PROPERTY TO CREATE A BUILDING WHEN THERE'S NOT EVEN INFRASTRUCTURE TO IT? THEY DON'T COME. BUT IF YOU BUILD IT, THEY DO COME AND SO THAT'S WHAT 103 ALLOWS IS THAT YOU SAY YOU CAN DEMONSTRATE THAT THIS INFRASTRUCTURE PROJECT IS GOING TO BE FOR BENEFIT OF INDUSTRIAL USE PROPERTY, THEN YOU CAN DRAG THE UTILITIES UNDER 501.103 TO THE PROJECT SO THAT IT IS NOW PROJECT READY FOR SOMEBODY TO BUY, BUILD, AND CONNECT TO YOUR UTILITIES AND BE THERE. 501.103 UNDER THOSE CIRCUMSTANCES ALLOWS FOR INFRASTRUCTURE PROJECTS TO BE DONE UNDER TYPE A ORGANIZATIONS. NOW, CAN I REPAIR SOME OF YOUR WATER AND WASTEWATER LINES? ONLY IF I HAVE THAT TIE IN THAT THESE WATER AND WASTEWATER LINES ARE SERVING INDUSTRIAL PROPERTIES. IT HAS TO BE LIMITED TO THOSE PROJECTS. NOW, 501.054 IS REFERENCED REPEATEDLY, AND THE REASON WHY IS BECAUSE IT TOUCHES UPON A NUMBER OF THINGS LIKE YOUR FUNCTIONS AND POWERS AND AUTHORITIES, BUT ALSO IN B2, AS IT SHOWS SORRY, I GET MIXED UP WITH ALL THE BUTTONS. 501.054 TALKS ABOUT WITH RESPECT TO A PROJECT, EXERCISE ALL POWERS NECESSARY, APPROPRIATE TO AFFECT THE PURPOSE FOR WHICH A CORPORATION IS ORGANIZED, AGAIN SUBJECT TO THE CONTROL OF THE GOVERNING BODY. THIS ISN'T JUST A DISCUSSION OF EXPENDITURE. THIS MEANS THAT THE ENTIRE PROJECT IS SUBJECT TO THE CONTROL OF THE ENTIRE CITY COUNCIL. THERE ARE OTHER PROVISIONS IN CHAPTER 504 OR IN THE 400S THAT TALK ABOUT IN THE EVENT THAT THERE'S A PROJECT THAT CITY COUNCIL DOESN'T THINK THAT THE ECONOMIC DEVELOPMENT CORPORATION IS PROPERLY HANDLING, THAT IT CAN REMOVE THAT PROJECT AND TAKE IT ON ITS OWN FOR THE COMPLETION OF THAT PROJECT UNDER THE ECONOMIC DEVELOPMENT CORPORATION'S CONSTRUCT. ONCE AGAIN, IT'S JUST ANOTHER EXAMPLE OF YOUR OVERSIGHT RESPONSIBILITIES. THIS CONSTITUTED AUTHORITY INSTRUMENTALITY PROVISION IS SOMETHING THAT IS INTERESTING, AND UNDER 101 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE, THAT'S THE TORT CLAIMS ACT, OF WHICH PROTECTS THE PUBLIC FUNDS FROM A RAID BASED [01:25:05] ON CLAIMS OF CERTAIN TYPES OF INTENTIONAL OR UNINTENTIONAL NEGLIGENT ACTS. THE LAW FOR PURPOSES OF ECONOMIC DEVELOPMENT CORPORATIONS, IT HAS A SPECIFIC CARVE OUT THAT SAYS THAT THE TEXAS TORT CLAIMS ACT APPLIES TO THEM. WHEN YOU READ THE BEGINNING OF THE DEFINITIONS IN THE TEXAS TORT CLAIMS ACT, IT REFERS TO THOSE THAT ARE PROTECTED BY IT AS GOVERNMENTAL ENTITIES. WHEN I REPRESENTED THE CITY OF ROSENBERG, THERE WAS A CONFLICT WITH REGARDS TO THAT ISSUE, AND I LITIGATED IT ALL THE WAY UP TO A DECISION OF THE TEXAS SUPREME COURT IN 2019. THE COURT LOOKED AT THE DISTINCTIONS BETWEEN THIS ORGANIZATION HAVING BEEN IDENTIFIED BY THE LEGISLATURE AS A NONPROFIT CORPORATION AND OTHER ORGANIZATIONS LIKE A LOCAL GOVERNMENT CORPORATION OR OTHER TYPES OF WHAT APPEARED TO BE QUASI GOVERNMENTAL ENTITIES AND SAID, THIS ONE'S DIFFERENT AND THIS IS WHY. I'VE HAD THAT EXPERIENCE GOING THROUGH THIS PURPOSE OR THIS PROCESS AND SO HERE, YOU HAVE THE LANGUAGE THAT ACTUALLY DOES TALK ABOUT YOU HAVE NO EXERCISE POWER OF SOVEREIGNTY, INCLUDING THE POWER TO TAX, TO TRY TO PROVIDE SOME MORE UNDERSTANDING ABOUT IT'S NOT AN EDC TAX. ACTUALLY, WHAT IT IS, IS IT'S A CITY TAX THAT THE CITY COLLECTS FROM THE TEXAS COMPTROLLER, AND THE TEXAS COMPTROLLER GETS 2% FOR THEIR TROUBLES. YOU GET 98% OF IT, AND IT ALL COMES DOWN HERE, AND IF YOUR TAX IS ONE CENT AND THE EDC'S TAX IS A HALF CENT, THEN IT'S AN OBLIGATION OF YOUR FINANCE DEPARTMENT IN ACCORDANCE WITH LAW TO MOVE THAT ONE THIRD OF WHAT CAME DOWN ON TAXES TO THE ECONOMIC DEVELOPMENT CORPORATION AND SO THAT'S WHY IT'S NOT A GOVERNMENTAL ENTITY. NOW, THERE ARE OTHER EXCEPTIONS, TEXAS TORT CLAIMS ACT, THE TEXAS OPEN MEETINGS ACT, THE TEXAS PUBLIC INFORMATION ACT, WHERE THEY'RE TREATED LIKE A GOVERNMENT ENTITY. BUT THAT'S BECAUSE THE DEFINITIONS IN THOSE SPECIFIC LAWS INCLUDE THEM. BECAUSE THEY INCLUDE THEM, IT'S JUST NOT COMPARING APPLES TO APPLES WHEN YOU START COMPARING AN ECONOMIC DEVELOPMENT CORPORATION WITH ANY OTHER TYPE OF ORGANIZATION THAT IS NOT GOVERNED BY 501 OR 504 AND IS NOT GOVERNED BY THE CHAPTER 22 OF THE BUSINESS ORGANIZATIONS CODE. MR. HYDE, CAN I DRAW A LINE HERE. I THINK WHAT I'M HEARING YOU SAY IS VERY IMPORTANT, AND I WANT TO MAKE SURE THAT WE ARE DRAWING A LINE, WHICH IS FORCING US TO TREAT THIS DIFFERENTLY. THE MONEY COMES TO THE CITY IS THE TAXING ENTITY, AND THE CITY VOTED WITH ITS CONSTITUENTS THAT A HALF A CENT IN YOUR EXAMPLE, WILL GO FOR ECONOMIC DEVELOPMENT AND THAT IS THEN ENTRUSTED TO THAT CORPORATION AND SO THE LINE YOU'RE DRAWING AND CORRECT ME IF I'M WRONG, IS THAT THE REASON THAT THAT GOVERNMENTAL ORGANIZATION, I'M SORRY, THAT CORPORATION DOES NOT OPERATE THE SAME AS THE TAXING ENTITY IS BECAUSE OF THE WAY THE MONEY FLOWS TO IT. IF IT WAS COLLECTING ITS OWN TAXES, IT WOULD HAVE A GOVERNMENTAL BODY THAT THEN WOULD BE ABLE TO EXERCISE ALL OF ITS OWN AUTHORITY BECAUSE THE MONEY IS COLLECTED AND COMES HERE, THE OVERSIGHT RESPONSIBILITY LIABILITY STAYS HERE, AND THAT EXTENSION NEEDS TO OPERATE ACCORDING TO THE GOVERNMENTAL BODY THAT HAS THE OVERSIGHT RESPONSIBILITY? CORRECT. THE FUNDAMENTAL POLICY BEHIND THAT LEGISLATION IS THE TAXATION WITHOUT REPRESENTATION PROVISION OF OUR CONSTITUTIONAL FOUNDINGS. IF THE FUNDS CAME TO THE CITY AND THE CITY JUST SENT THE FUNDS OVER TO THE ECONOMIC DEVELOPMENT CORPORATION AND HAD NO OTHER CONTROL OVER THOSE FUNDS, THEN TAXPAYER DOLLARS WOULD BE PAID WITHOUT THE ABILITY TO HAVE AN ELECTED OFFICIAL RESPOND TO ITS CITIZENS ABOUT HOW THOSE MONIES WERE SPENT. THAT'S WHY WHEN WE GET TO IT 501.073(A) SAYS ALL EXPENDITURES OF THE ORGANIZATION HAVE TO BE APPROVED BY THE CITY COUNCIL. BUT WE'LL GO BACK TO THAT. UNDER ARTICLE 5, WHICH IS PROBABLY THE MOST INTERESTING FOR TODAY, AND I RECALL I RESPOND I WANT TO REMIND EVERYONE THAT 501.056, SUBSECTION 6 SAYS THAT IN YOUR ARTICLES, [01:30:05] YOU MAY PUT IN PROVISIONS CONSISTENT WITH THE LAW FOR THE REGULATION OF THE CORPORATION'S INTERNAL AFFAIRS, INCLUDING ANY PROVISION REQUIRED OR PERMITTED BY THIS SUBTITLE TO BE STATED IN THE BYLAWS. EVEN IF IT'S SOMETHING THAT HAS TO BE IN THE BYLAWS, YOU CAN STILL INCLUDE IT IN YOUR ARTICLES OF INCORPORATION. THEN LATER ON, YOU'LL FIND THAT ANYTHING IN YOUR ARTICLES OF INCORPORATION ARE REQUIRED TO BE IN YOUR BYLAWS. YOUR BYLAWS CANNOT CONFLICT WITH YOUR ARTICLES. THIS IS A MECHANISM OF WHICH YOU HAVE THE ABILITY IN INCORPORATE PARENT AND SUBSIDIARY, YOUR PARENTAL ORGANIZATIONAL POWERS TO CONTROL THE ORGANIZATION. I HAVE THAT DOWN, 22.103, ANY BYLAW WHICH IS INCONSISTENT WITH OR IN CONFLICT WITH ANY PROVISION OF THE ARTICLE OF INCORPORATION ARE VOID AB INITIO, AS IF IT NEVER EXISTED. THE BOARD OF DIRECTORS MUST PRESENT ALL PROGRAMS AND EXPENDITURES OF THE CORPORATION TO THE CITY COUNCIL AS A CORPORATION'S AUTHORIZING UNIT BEFORE ANY EXPENDITURE IS MADE AND BEFORE ANY CORPORATION IS OBLIGATED TO EXPEND CORPORATE FUNDS. ANY OBLIGATION TO SPEND CORPORATE FUNDS, WHICH WAS NOT EXPRESSLY APPROVED BY THE CITY COUNCIL IS VOID AB INITIO. THE BOARD OF DIRECTORS MUST CONSIDER THE ACT AND ACT TO APPROVE OR NOT APPROVE ALL EXPENDITURES AND THAT'S 51.073(A), AS WELL AS 22.103, WHICH IS SPECIFIC THAT STATES THAT THE LOCAL GOVERNMENT CORPORATION AS A NONPROFIT CAN ONLY ACT THROUGH ITS GOVERNING BODY. IN ORDER TO APPROVE OR DISAPPROVE AN EXPENDITURE, THAT EXPENDITURE HAS TO BE APPROVED BY THE GOVERNING BODY WHICH IS THE AEDC BOARD, AND THEN THAT EXPENDITURE NEEDS TO BE APPROVED BY THE CITY COUNCIL. UNFORTUNATELY, FROM YOUR PAST EXPERIENCES, STATE LAW DOES PROVIDE A MECHANISM BY WHICH THE CONDUCT AND ACTIONS OF THE BOARD CAN BE DELEGATED TO AN EMPLOYEE AND THE REASON WHY IS THAT THE BUSINESS ORGANIZATIONS QUOTE CHAPTER 22 PLACES A FIDUCIARY RESPONSIBILITY ON EVERY BOARD MEMBER TO ACT IN THE BEST INTEREST OF THE ORGANIZATION, SUBJECT TO BEING CIVILLY LIABLE FOR ANY IMPROPER ACT WHICH THEY ARE ALLOWED OR WHICH THEY VOTED FOR WHEN IT WAS NOT LEGAL. GOING INTO THIS, TRYING TO CREATE MECHANISMS BY WHICH TO APPLY THESE PROVISIONS TO THE ECONOMIC DEVELOPMENT CORPORATION, YOU SEE 501.073(A), THE CORPORATION'S AUTHORIZING UNIT WILL APPROVE ALL PROGRAMS AND EXPENDITURES OF A CORPORATION AND ANNUALLY REVIEW ANY FINANCIAL STATEMENTS OF THE CORPORATION. THOSE ARE TWO DISTINCT OBLIGATIONS IN THE MANNER IN WHICH THE STATUTORY LANGUAGE WAS MADE BY THE LEGISLATURE. ONE IS APPROVAL EXPENDITURES AND PROGRAMS, AND TWO ANNUALLY REVIEW FINANCIAL STATEMENTS. WELL, THE BUDGET IS JUST NUMBER ONE OF THOSE FINANCIAL STATEMENTS. BUT THIS DOESN'T SAY THAT ADOPTING THE BUDGET MEANS THAT ALL EXPENDITURES THAT ARE CONTEMPLATED IN THAT BUDGET ARE APPROVED. UNLESS YOU PUT THAT EXPRESSLY MAKE THAT COMMENT IN THE BUDGETING DOCUMENTS, THAT YOU IN ADDITION TO APPROVING THE BUDGET, HAVE APPROVED THAT THESE FUNDS ARE GOING TO GO TO THESE LOCATIONS BY THESE PAYEES, AND WE'VE DESIGNED A METHOD BY WHICH THAT CAN BE DONE. THEN THE 22.201 PROVISION I JUST SPOKE OF, THE AFFAIRS OF A CORPORATION ARE MANAGED BY A BOARD OF DIRECTORS. IF YOU SAID, I'M GOING TO LET THE EXECUTIVE DIRECTOR MANAGE THIS MATTER OF THE AFFAIRS, THAT WOULD BE INCONSISTENT WITH STATE LAW. THE WAY THAT OTHER ECONOMIC DEVELOPMENT CORPORATIONS TYPICALLY WORK IN MY EXPERIENCE AFTER 22 YEARS, IS YOUR EXECUTIVE DIRECTOR AND STAFF OR GO TO THE GROUND WORK, THEY NEGOTIATE THE DEALS, THEN THEY TAKE THAT INFORMATION TO THE BOARD. THE BOARD LOOKS AT IT. IF IT'S SOMETHING THE BOARD'S INTERESTED IN, IT GOES TO THE CITY COUNCIL. CITY COUNCIL, ARE YOU IN FAVOR OF US MOVING FORWARD ON THIS PROJECT? IF THEY GIVE THAT DIRECTION TO THE ECONOMIC DEVELOPMENT CORPORATION, THEN THE CORPORATION FINISHES THE NEGOTIATIONS, BRINGS THE PROJECT FOR [01:35:02] APPROVAL BY THE BOARD AND THEN BRINGS IT TO THE CITY COUNCIL FOR APPROVAL. NOT HAVING THAT TYPE OF PROCESS IN PLACE HERE SEEMS TO BE A SLIPPERY SLOPE TO THE OTHER PROBLEMS THAT WE'VE HAD. >> THIS WAS A DRAFT OF DOCUMENT FOR YOU TO CONSIDER. SEVEN, TO OBTAIN APPROVAL OF AN EXPENDITURE, THE BOARD OF DIRECTORS MUST BE PRESENTED THE BELOW INFORMATION. NOW I'M TALKING ABOUT THE BOARD. THAT THE BOARD, IN ORDER FOR THEM TO CARRY OUT THEIR FIDUCIARY OBLIGATION, THEY NEED TO KNOW THE PURPOSE, THE CATEGORY, THE AMOUNT, AND THE METHOD TO MAKE PAYMENT. IF WE KNOW THAT WE'RE GOING TO SPEND $300,000 ON A CREDIT CARD, YOU HAVE THE ABILITY TO SAY, NO, I DON'T WANT THAT TO HAPPEN, OR IF YOU DO WANT IT TO HAPPEN, BUT IT'S A COMPANY CARD AND NOT AN INDIVIDUAL PERSONAL CARD, THEN YOU HAVE THAT ABILITY TO CONTROL THAT. THEN THE NAME OF THE RECIPIENT, EITHER THE INDIVIDUAL OR THE COMPANY, AND IF A COMPANY, THE NAME OF THE COMPANY'S REPRESENTATIVE INVOLVED IN THE TRANSACTION. WHAT THAT DOES IS THE SAME THING THAT HOUSE BILL 1295 DID TO YOU ABOUT EIGHT YEARS AGO, 10 YEARS AGO, GOES FAST, OLD DO YOU GET? IT WAS A SENATE BILL THAT THE HOUSE GOT APPROVED. WHAT 1395 DOES IS IT REQUIRES A DISCLOSURE OF INTERESTED PERSONS IN THE TRANSACTION BETWEEN A LOCAL GOVERNMENT AND A VENDOR. IF YOU FIND OUT THAT THE X PLACE ONE PERSON HAS 45 RELATIVES THAT ARE DISCLOSED THAT IS DOING BUSINESS WITH THE CITY, THEN THAT MIGHT BE SOMETHING THE PUBLIC WOULD WANT TO KNOW. THAT'S WHY YOU HAVE TO FILE THOSE WITH THE TEXAS ETHICS COMMISSION. MY ORGANIZATION IS NO DIFFERENT, WE HAVE TO FILE THEM TOO. IT'S A VERY SIMILAR TYPE OF METHOD, AND THIS REALLY IS IN YOUR REQUEST FOR THAT APPROVAL. >> MR. HYDE. >> YES, SIR. >> MAY I ASK YOU A QUESTION. WHAT'S THE DEFINITION OF AN EXPENDITURE? TELL ME WHAT THAT IS. >> THE CHAPTER 501.073 A DOES NOT PROVIDE A SPECIFIC DEFINITION TO THE WORD EXPENDITURE. WHAT THE STATUTORY CODE OF CONSTRUCTION REQUIRES US TO DO WITH LAWYERS IS THAT WE THEN HAVE TO GO TO THE DEFINITION, WHAT'S CALLED THE PLAIN AND ORDINARY MEANING. YOU CAN LOOK A WEBSTERS OR DICTIONARY.COM OR WHATEVER EVERY ONE OF THOSE, AND THEN CONSIDER THE CONTEXT OF WHAT WE'RE IN, AND IT'S TO SPEND MONEY. SPEND FUNDS. >> BASED ON THIS, IS THERE A LIMIT? THIS SEEMS EXTREMELY CUMBERSOME FOR AN ORGANIZATION TO ASK FOR PERMISSION TO SPEND MONEY. IS THAT UP TO US TO SET A LIMIT? IT JUST SEEMS A LITTLE CUMBERSOME AS FAR AS LIKE YOU SAID, THE 501.073, THE BUDGET DOESN'T MEET THAT. JUST APPROVAL OF A BUDGET DOES NOT MEET THAT. I GET THAT, BUT THEN IF WE SAY, FOR EVERY EXPENDITURE, IF WE INTERPRET THAT AS EVERY EXPENDITURE, THAT SEEMS A LITTLE CUMBERSOME. IS IT UP TO US TO SET THE LIMIT OF THAT? I DO NOT WANT TO APPROVE A BOX OF PAPERCLIPS. I DON'T WANT TO DO IT. >> WELL, I'LL USE THAT AS AN EXAMPLE. WE'RE TALKING ABOUT PAPERCLIPS, WE'RE TALKING ABOUT OFFICE SUPPLIES. THAT'S A LINE ITEM IN THE BUDGET. SAY LINE ITEM OF THE BUDGET SAYS, WE NEED $22,000 OF OFFICE SUPPLIES. WE'RE GOING TO BUY THEM FROM THIS THIRD PARTY SOURCE. WE'RE GOING TO BUY THEM FROM THIS LOCAL SOURCE, AND WE'RE GOING TO BUY THEM FROM THIS AREA, BUT WE'RE GOING TO NEED $22,500, AND THESE ARE THE THREE ORGANIZATIONS OF WHICH WE WILL SPENT I BUY THE MONEY FROM OR SPEND THE MONEY WITH IF THEY HAVE WHAT WE NEED. THAT WOULD BE THE WAY THAT THEY WOULD SET UP THEIR EXPENDITURE REQUESTS FOR ALL OF THOSE THINGS THAT IF THEY WANT OFFICE FURNITURE. LET'S SAY, I THINK WE'RE GOING TO NEED TO REPLACE X AMOUNT OF OFFICE FURNITURE. I NEED $150,000 TO REPLACE OFFICE FURNITURE. WE'RE GOING TO GET IT FROM EDCOFFICEFURNITURE.COM. >> THAT GOES UNDER THE LINE ITEM OF OFFICE FURNITURE OR OFFICE SUPPLIES. [OVERLAPPING] BUT THE ASK HAS TO HAPPEN ACCORDING TO THIS IS WHAT YOU'RE SAYING. >> WHEN THEY PREPARE THEIR BUDGET, ALL THEY WOULD HAVE TO DO IS ATTACH TO IT, [01:40:04] WHAT WOULD TYPICALLY BE SEEN, AT LEAST SO MY LAW FIRM USES QUICK BOOKS. IF I WANT TO PRINT A REPORT OF EVERY EXPENDITURE THAT I MADE, I SET THE REPORT, I HIT PRINT, AND IT GIVES IT TO YOU. WELL, I CAN ALSO DO THAT IN A CVS MODE, WHICH MEANS I CAN AUTOMATICALLY DROP IT INTO A OUTLOOK EXCEL SPREADSHEET. THEN I KNOW WHERE EVERYTHING WENT LAST YEAR. >> I GET THAT. >> WE'RE NOT GOING TO USE YOUR FIRM BECAUSE YOU DON'T YOU'RE NOT SUBJECT TO THIS. >> BUT IN THE EDC, DO THEY HAVE TO MAKE A REQUEST FOR THAT? BECAUSE YOU'RE TELLING ME THE BUDGET DOES NOT, THE LINE ITEM THAT DOESN'T WORK. >> WELL, I'LL USE YOUR FUTURE ITEM ON THE AGENDA TODAY WITH REGARDS TO QUESTIONS THAT I HAD ON IT. THERE IS A PROPOSED RESOLUTION AND I CAN BRING IT UP BECAUSE IT IS ON THE AGENDA, AND IT RELATES TO THIS ISSUE FOR YOU TO APPROVE $625,000 FOR TWO MONUMENT SIGNS. IT SAYS SPECIFICALLY IN THE RESOLUTION THAT THEY'RE ASKING FOR AN INCREASE IN THE MARKETING BUDGET. GOING BACK TO WHAT THE BOARD DID AND COUNCIL MEMBER SHERLYN'S MOTION. YOU LOOK AT IT ALL AND SAY, SO MARKETING IS UNDERNEATH THE OPERATING BUDGET. IF IN FACT, YOU APPROVED THE ENTIRE OPERATING BUDGET, WHICH I DON'T THINK WAS THE INTENT OF THE CITY COUNCIL FROM THE COMMENTS MADE, BUT NEVERTHELESS, THEN WHAT THEY'RE ASKING YOU FOR IS $625,000 IN ADDITION TO THE $800,000 OF WHICH THEY BUDGETED. WHEN YOU LOOK AT THE BACKUP INFORMATION AND THE DOCUMENTS, THIS WAS A PROJECT OF WHICH YOUR ECONOMIC DEVELOPMENT CORPORATION KNEW BEFORE THEY HAD TO PREPARE THEIR BUDGET AND BEFORE THEY HAD TO AMEND THEIR BUDGET FOR RECONSIDERATION. IF IN FACT, THIS $625,000 COST WAS GOING TO BE SOMETHING THAT THEY PUT IN YOUR BUDGET, THEN THEY COULD PUT TWO MILLION DOLLARS OF MARKETING, 625 IS GOING HERE, 83 IS GOING HERE, 120 GOING HERE. THEY'VE GOT IT ALL DONE. >> OF THE KNOWN EXPENSES, THEY COULD HAVE DONE THAT AT THE FIRST WHEN THE BUDGET WAS SUBMITTED. THEREFORE, THE REQUEST WOULD NOT HAVE TO OCCUR BECAUSE THEY UNDERNEATH MARKETING, THEY LISTED THESE EIGHT ITEMS. THAT REQUEST WOULD NEVER HAVE TO BE HAD DONE BECAUSE COUNCIL WOULD HAVE ALREADY APPROVED IT WITH THOSE EIGHT ITEMS UNDERNEATH THAT CATEGORY OF MARKETING. >> YOUR RESOLUTION THAT APPROVED THEIR BUDGET WOULD ALSO EXPRESSLY APPROVE THOSE EXPENDITURES IDENTIFIED WITHIN THE BUDGET DOCUMENTS. THAT WAY, YOU'VE GOT THE RECORD OF THE EXPENDITURE BEING APPROVAL BY THIS BOARD. I'VE BEEN AND I'M CURRENTLY IN LITIGATION WITH DEVELOPMENT ISSUES, MULTI MILLION DOLLAR PROJECTS, $25 MILLION TYPE OF ECONOMIC DEVELOPMENT PROJECTS WHERE WHETHER OR NOT THE BOARD APPROVED A DOCUMENT IS AN ISSUE. WHETHER OR NOT THE ECONOMIC DEVELOPMENT BOARD PROJECT WAS APPROVED BY THE CITY COUNCIL IS AN ISSUE AS TO WHETHER OR NOT IT'S A VALID CONTRACT. UNFORTUNATELY, IN ONE CASE, I'VE BEEN TRIED IN COURT SINCE 2020. I'VE GONE ALL THE WAY TO THE TEXAS SUPREME COURT. THEN THEY SAID, WELL, WE WANT THE LOWER COURTS TO RECONSIDER THIS ISSUE. THEY REMANDED IT BACK TO THE TRIAL COURT TO START OVER. NONE OF THE STUFF WE DID FOR FOUR YEARS COUNTED. WE'RE BACK STARTING COMPLETELY OVER LIKE THE SUIT JUST GOT STARTED. THAT'S A PROJECT THAT'S TAKING SEVEN DIGITS TO LITIGATE, FOUR YEARS, ALL THE WAY UP THROUGH AND BACK AGAIN. THAT'S ONE OF THOSE LESSONS WITH MY EXPERIENCE AND MY BACKGROUND. I CAN SHARE WITH THE CITY COUNCIL AS TO WHY MY RECOMMENDATIONS FOR THESE ARE IMPORTANT. THEY'RE IMPORTANT TO AVOID THAT EXPERIENCE OF WHICH I'VE HAD THE OPPORTUNITY SINCE I'VE REPRESENTED ECONOMIC DEVELOPMENT CORPORATIONS ALL OVER THE STATE. >> WELL, I FEEL LIKE WE'RE GETTING INTO SOME INUTIA AND I DON'T MEAN TO, BUT I JUST WANT CLARIFICATION ON THIS. WE SAY OFFICE SUPPLIES. HOW SPECIFIC DO THEY NEED? I GET THE MARKETING, YOU MADE A GREAT POINT. THERE'S SOME BIG ITEMS. WE KNOW WHAT'S GOING TO BE THERE, BUT WE SAY OFFICE SUPPLIES. WE DON'T KNOW WHAT THOSE ARE. WHEN DO WE COME TO THE DEFINITION OF AN EXPENDITURE? HOW BROAD IS THAT CATEGORY AND HOW CAN IT BE USED? I JUST DON'T WANT TO CREATE SOMETHING THAT IS JUST TOO CUMBERSOME. DO YOU UNDERSTAND WHAT I'M GETTING AT? >> EXACTLY. LET'S GO THROUGH THIS REAL QUICK. UNDER SEVEN, THE PURPOSE OF THE EXPENDITURE. WE NEED OFFICE SUPPLIES TO WORK. THE CATEGORY OF THE EXPENDITURE IS INTERNAL CONSUMABLES, THE AMOUNT OF THE EXPENDITURE. WELL, BASED ON LAST YEAR, [01:45:02] WE USED $25,000 OF OFFICE SUPPLIES. BASED ON LAST YEAR, WE USED THESE THREE VENDORS TO GET OUR OFFICE SUPPLIES FROM. THEN E, THE METHOD USED TO MAKE THE PAYMENT. WE'RE GOING TO CUT A CHECK. WE'RE GOING TO SEND A WIRE. WE'RE GOING TO USE A P CARD. BECAUSE HERE, BUYING STUFF LOCALLY, YOU MAY BE GOING OUT THERE, SWIPING YOUR P CARD AND GET THE MATERIALS YOU NEED FOR THAT WEEK OR THAT DAY. THEN THE NAME OF THE RECIPIENT. THAT'S THE THREE PEOPLE. >> THE REQUEST DOES NOT HAVE TO BE MADE FOR THAT EXPENDITURE, IS WHAT YOU'RE SAYING? >> NO. THEY HAVE TO MAKE THAT REQUEST, $22,500 IS GOING TO BE USED FOR OFFICE APPLIES. >> IN THE BUDGET. >> RIGHT. WELL, WITH THE BUDGET. >> MR. HYDE, IF I CAN JUST MAKE SURE. I WANT TO ASK THE SAME QUESTION, BUT IN A DIFFERENT FORM. DO YOU FIND THAT IT IS CUMBERSOME TO PRE-APPROVE EXPENDITURES AT THE BEGINNING OF EACH FISCAL YEAR? >> NO. >> OKAY. ONCE APPROVED, WOULD THE ADDITIONAL WORK IN FACT BE IN COST OVERRUNS? WE DIDN'T KNOW THAT WE NEEDED ANOTHER $22,000 IN OFFICE SUPPLIES SO THEN THAT ONE ITEM WOULD BE WHAT'S COMING TO COUNCIL, MUCH LIKE EVERY OTHER PROJECT THAT THEY WORK ON COMES TO COUNCIL? >> CORRECT. >> SO WE WOULD NEVER BE IN THE SITUATION OF APPROVING EACH BOX OF PAPER CLIPS? >> RIGHT. IF THEY SEE IN THE FIRST QUARTER THAT THEY'VE USED 50% OF WHAT YOU'VE APPROVED, THEN ANY REASONABLE ADMINISTRATOR WOULD KNOW THAT THEY'VE GOT TO INCREASE THAT NUMBER IF THEY'RE GOING TO GET TO THE END UNLESS SOMETHING'S GOING TO CHANGE IN A MONTH. >> IN YOUR EXPERIENCE DO MULTIPLE TAXING ENTITIES WORK LIKE THIS AND DO OTHER EDCS, IN FACT, WORK THIS WAY AS WELL? >> YES. THE TWO THAT CURRENTLY I AM INVOLVED IN OR ACTUALLY, I'M NOT INVOLVED IN ANYMORE IS THE BUTA ECONOMIC DEVELOPMENT CORPORATION, WHICH IS ONE OF THE FASTEST GROWING SMALL CITIES IN TEXAS, AS WELL AS THE CITY OF HUDOS ECONOMIC DEVELOPMENT CORPORATION, TYPE A AND TYPE B THAT ALSO HAS A SIMILAR ORGANIZATION. >> I AGREE WITH COUNCILMAN TIPS, WE DO NOT WANT TO CREATE SOMETHING THAT CREATES SO MUCH PAPERWORK AND IT'S CUMBERSOME AND IT SLOWS THINGS DOWN. WHAT WE WANT TO DO IS CREATE GREATER SPECIFICITY. MUCH LIKE IN ANY CONTRACT, I WANT TO SPEND SOME TIME WORKING OUT THE DETAILS. I WANT LINE ITEMS LISTED, I WANT TO KNOW WHERE THE MONEY'S GOING. I DON'T WANT TO BE SO LOOSE AND VAGUE THAT WHEN WE LOOK BACK AT THE CONTRACT, ONCE THERE'S A LIABILITY, THERE'S A LAWSUIT, WE CAN'T TELL IF IT WAS EVER APPROVED OR NOT. IF WE DID SAY WITH REASONABLE CERTAINTY, WE ARE CREATING MORE WORK ON THEIR EXPENDITURES, ON THEIR BUDGET REQUEST SO THAT WE CAN THEN APPROVE THOSE EXPENDITURES ILLEGALLY AND MORE CONSISTENTLY WITH STATE LAW. THEN FROM THERE, WE WOULD HOPE THAT BUSINESS AS USUAL CONTINUES. >> CORRECT. THE ONE THING THAT EVERYONE DOESN'T LIKE IS CHANGE, AND THE ONE THING THAT IS ABSOLUTELY POSITIVELY GOING TO OCCUR IS CHANGE. HERE, ULTIMATELY, ONCE YOU GET THROUGH THE TRANSITION, THEN LAST YEAR'S PRESENTATION IS ALREADY SET UP FOR ALL OF THE ROUTINE EXPENDITURES YOU HAD THE YEAR BEFORE. IF IT'S NOT A ROUTINE EXPENDITURE, AND YOU COULD ALSO SEE THAT IF YOU USE 225 AND THAT WASN'T ENOUGH LAST YEAR, THIS YEAR, I'M GOING TO PUT 35 DOWN. THEN THAT WAY, IT BECOMES MORE AND MORE FACILITATED, MORE EFFICIENT, MORE EFFECTIVE, AND MORE TRANSPARENT. THEN YOU KNOW WHAT YOU'RE APPROVING BECAUSE WE DON'T WANT TO APPROVE $625,000 FOR A MONUMENT SIGN AND IT GO AS A MEMBERSHIP FEE TO ANOTHER ORGANIZATION. >> LET'S SAY THAT THIS COUNCIL FOUND THAT IT'D BE E. THERE'S TWO ES IN THERE, BUT THE SECOND E, LET'S SAY THAT WE FOUND THAT TO BE THE PROBLEM. YOU HAVE TO GIVE US THE NAME. YOU GOT TO SAY OFFICE DEPOT INSTEAD OF OFFICE MAX. SORRY, YOU WENT TO OFFICE MAX, THAT DOESN'T COUNT. IF WE REMOVED THAT BACK AND WE PULLED THAT OUT, DOES THIS COUNCIL HAVE THE ABILITY, THE LATITUDE TO WORK THROUGH SOME OF THESE IF WE DIDN'T NEED THAT LEVEL OF SPECIFICITY? >> ABSOLUTELY. THE LEVEL OF SPECIFICITY IS ENTIRELY UP TO THE CITY COUNCIL. THAT'S WHY I STOPPED AT THIS POINT AND CAME TO THE CITY COUNCIL FOR DIRECTION BECAUSE I THOUGHT THIS WAS THE MEAT OF THE THINGS THAT YOU WANTED TO CONSIDER. >> DO YOU DO YOU FIND IT MORE HELPFUL TO CONTINUE WITH THE REST OF YOUR PRESENTATION AND COME BACK TO THIS GUY OR DO YOU WANT TO GO AHEAD AND WORK THIS ONE OUT WITH A DISCUSSION? >> ACTUALLY, LET ME FINISH ARTICLE 5 AND THEN SOME OF IT MAY BE HELPFUL FOR THE DISCUSSION. [01:50:04] EIGHT IS REALLY THE HOW TO PROVISION FOR COUNCIL MEMBER TIPS AS TO WHAT THEY WOULD DO. ADEC'S BUDGET WILL BE PREPARED IN A LINE ITEM FORMAT. A LINE ITEM BUDGET IS A DETAILED LIST OF THE VARIOUS EXPENSES THAT WILL BE MADE DURING A GIVEN PERIOD. THE EXPENDITURE IS PRESENTED SEPARATELY. A LINE ITEM BUDGET IS NECESSARY TO ILLUSTRATE HOW MUCH MONEY IS ANTICIPATED TO BE SPENT AND WHAT FOR AND HOW MUCH REVENUE IS ANTICIPATED DURING A PARTICULAR PERIOD. THE ADOPTION OF THE BUDGET DOES NOT APPROVE ANY EXPENDITURE. THE BUDGET MUST BE PREPARED TO CLEARLY IDENTIFY AND PROVIDE AN ACCURATE ACCOUNT OF HOW MUCH MONEY IS BEING PLANNED TO BE SPENT AND WHAT MONEY IS TO BE SPENT ON, ALONG WITH THE AMOUNT OF REVENUE ANTICIPATED TO BE RECEIVED. C, WHICH IS IN THE WRONG SPOT, NO BUDGET LINE ITEM ADJUSTMENTS ARE PERMITTED WITHOUT FIRST DOCUMENTING PROPER APPROVAL FOR THE ADJUSTMENTS BY THE BOARD OF DIRECTORS AND THE CITY COUNCIL. THE BOARD OF DIRECTORS IN ITS DISCRETION MAY SUBMIT WITH ITS ANNUAL LINE ITEM BUDGET, INFORMATION RELATED TO THE TYPE AND NATURE OF EXPENDITURE AS LISTED IN PARAGRAPH 7, WHICH WE JUST DISCUSSED. INITIALLY, FINANCIAL RECORDS OF TRANSACTION MADE IN THE PAST 12 MONTHS MAY BE USED TO PREPARE THE EXPENDITURE LIST FOR THE BOARD OF DIRECTORS AND THE CITY COUNCIL'S CONSIDERATION. ANY EXPENDITURE FOR EXISTING CORPORATE INDEBTEDNESS OR KNOWN ANTICIPATED EXPENSES, ANNUAL DEBT PAYMENTS, CONTRACTUAL INCENTIVE PAYMENTS, PERSONNEL COSTS, OR OTHER KNOWN AND OBLIGATED COSTS, WHICH MUST BE INCLUDED IN THE ANNUAL BUDGET FOR EFFICIENT AND EFFECTIVE CORPORATE OPERATION FOR APPROVAL CAN BE APPROVED AUTOMATICALLY. >> BUT ALL WE NEED IS ANOTHER SENTENCE IN YOUR RESOLUTION THAT SAYS THOSE EXPENDITURES IDENTIFIED ON PAGES 5-9 ARE APPROVED. INCLUDED IN THE ANNUAL BUDGET, WILL BE A FINDING BY THE BOARD OF DIRECTORS AS TO WHETHER AFTER SUFFICIENT PROVISION OF FUNDS HAS BEEN MADE FOR THE FULL PAYMENT OF THE CORPORATION'S EXPENSES, BONDS, OR OTHER OBLIGATIONS, ANY NET EARNINGS OF THE CORPORATION SUBSEQUENTLY ACCRUING EXIST, AND IF SO, THE BUDGET SHALL INCLUDE AN EXPENSE TO REFLECT THOSE FUNDS BEING PAID TO THE CORPORATION'S AUTHORIZING UNIT AS REQUIRED BY LAW. THIS IS THE ONE THAT'S PUT NEXT TO IT, SECTION 501/503, [NOISE] CORPORATE NONPROFIT NET EARNINGS. THIS IS ONE OF THOSE PROVISIONS THAT I LOOK BACK FOR SPECIFIC INFORMATION ON HOW IT WAS CREATED, BUT IT WAS ACTUALLY CREATED IN SECTION 33 OF THE 1979 INDUSTRIAL CORPORATION ACT. IT'S BEEN ON THE BOOKS SINCE THIS ORGANIZATION WAS CREATED. WHAT THIS IS FROM A POLICY STANDPOINT IS THAT WHEN A GOVERNMENT BODY TAXES A CERTAIN AMOUNT OF ITS PUBLIC AND THEN SITS ON THE MONEY AND DOESN'T USE IT FOR PUBLIC PURPOSES AND DOESN'T USE IT IN ACCORDANCE WITH THE PROJECTS AND PROGRAMS THEY NEED TO USE IT, THEN THAT MONEY IS EITHER ONE, OVERLY TAKEN, YOU'RE TAKING TOO MUCH MONEY FROM YOUR CITIZENS TO TAX, ROBIN HOOD AND ALL THAT, OR NUMBER 2 IS THAT YOUR ECONOMIC DEVELOPMENT CORPORATION IS NOT BEING CREATIVE ENOUGH TO FIND PROJECTS AND INCENTIVES OF WHICH THEY CAN MOVE FORWARD IN THIS PROCESS. NOW, FOR INSTANCE, I HAD ECONOMIC DEVELOPMENT CORPORATION THAT DID $32 MILLION OF BONDS FOR A LARGE PROJECT, AND THAT WAS A $32 MILLION EXPENSE THAT THEIR $7 MILLION ANNUAL INCOME DIDN'T PAY EACH YEAR. THEY HAD AN OBLIGATION TO PAY THIS $25 MILLION. NOW, IF THE NEXT YEAR, THEY HAD PROPERTY AND THEY SOLD IT FOR $25 MILLION AND THEY BANK THAT $25 MILLION AND NOT DO ANYTHING WITH IT, BUT THEY DON'T OWE THE EXPENSE ANYMORE. ALL THOSE OTHER FUNDS SHOULD GO TO THE CITY COUNCIL FOR THE CITY'S GENERAL FUND FOR PURPOSES OF USE IN OPERATIONS AND SHOULD BE USED FOR OPERATIONS. THAT'S WHAT THIS STATUTE PROVIDES, AND ALL WE DID IN SUBSECTION G IS GIVE EVERYONE NOTICE THAT THIS IS OUT THERE. BECAUSE, I'VE NOT UNTIL SOMEBODY POINTS THIS OUT, AND I'VE BEEN THE ONE POINTING IT OUT FOR A WHILE, ECONOMIC DEVELOPMENT CORPORATIONS DON'T EVEN KNOW THAT THEY HAVE TO DO THAT, OR THIS IS A THING, AND CITY COUNCILS DON'T KNOW. IT'S JUST ANOTHER ONE OF THOSE CIRCUMSTANCES WHERE WE'VE ALWAYS DONE IT ONE WAY, BUT THE LAW SAYS SOMETHING DIFFERENT. THIS PART IS ONE THING I THINK YOU DO YOUR BOARD MEMBERS A DISSERVICE, IF YOU DON'T LET THEM KNOW WHAT THEY'RE GETTING INTO AND WHEN ANYBODY SERVES AS A NONPROFIT BOARD MEMBER, [01:55:05] THESE BUSINESS ORGANIZATION CODE CHAPTER 22 PROVISIONS APPLY. BECAUSE STATE LAW SAYS THE AFFAIRS OF THE CORPORATION ARE MANAGED BY THE BOARD OF DIRECTORS, THE DIRECTOR SHALL DISCHARGE THE DIRECTOR'S DUTIES, INCLUDING DUTIES AS A COMMITTEE MEMBER IN GOOD FAITH WITH ORDINARY CARE, AND IN A MANNER THE DIRECTOR REASONABLY BELIEVES TO BE IN THE BEST INTEREST OF THE CORPORATION. A DIRECTOR WHO HAS PROVEN TO HAVE NOT PERFORMED THESE DUTIES TO ACT IN GOOD FAITH WITH ORDINARY CARE, AND IN A MANNER THE DIRECTOR REASONABLY BELIEVED TO BE IN THE BEST INTEREST OF THE CORPORATION IS LIABLE TO THE CORPORATION. IF BOARD MEMBERS DON'T DO THEIR DUTY, THEN THEY ARE RESPONSIBLE TO THE CORPORATION UNDER CIVIL STATUTE FOR WHATEVER DAMAGES OR CONSEQUENTIAL LOSSES OCCUR. THE ACTUAL STATUTE IS RIGHT BESIDE IN CHAPTER 22 TO 21, AND I PUT THIS IN HERE BECAUSE I'M NOT MAKING IT UP. I WANTED TO MAKE SURE EVERYONE KNEW WHERE THIS LANGUAGE WAS COMING FROM, AND SO IT HAS THE DIRECT TIT FOR TAT, SO TO SPEAK, ON WHAT LAWS ARE BEING CITED. LOANS TO DIRECTOR IS PROHIBITED AND THIS IS THE LANGUAGE THAT I WANTED TO USE FOR PURPOSES OF INTERPRETING. ANY DIRECTOR OF A CORPORATION WHO VOTES FOR OR ASSENTS TO JUST LETTING IT HAPPEN, THE MAKING OF A LOAN TO A DIRECTOR AND ANY OFFICER WHO PARTICIPATES IN THE MAKING OF A LOAN OR JOINTLY AND SEVERALLY LIABLE TO THE CORPORATION FOR THE LOAN UNTIL THE LOAN IS REPAID. ALL INFORMATION HELD BY THE CORPORATION, WHETHER HELD BY ANY DIRECTOR, EMPLOYEE OR THE REPRESENTATIVE ACCESS OF THE CITY COUNCIL MEMBER UPON REQUEST IN THEIR OFFICIAL CAPACITY ONLY. THE FIRST PART IS AN EXAMPLE OF WHAT TYPE OF CIRCUMSTANCES COULD BE USED TO DEFINE OR CHALLENGE WHETHER A BOARD MEMBER MET THEIR FIDUCIARY RESPONSIBILITY. THE SECOND PORT NUMBER 13 IS THE 173 OR 501.73(B) PROVISION THAT SAYS THAT THE BOOKS AND RECORDS OF THE ORGANIZATION SHALL BE AVAILABLE TO THE AUTHORIZING UNIT AT ALL TIMES. WHAT WE'RE DOING HERE IS THAT WE'RE TAKING IN ADVANCE, SAYING, IF ANY COUNCIL MEMBER IS INTERESTED IN LOOKING AT THE BOOKS OR THE RECORDS OF THE AEDC, THEY CAN AND SO IT AVOIDS HAVING TO BRING A RESOLUTION TO THE CITY COUNCIL, HAVE THE CITY COUNCIL APPROVED THAT THAT EVERY BOARD MEMBER HAS THAT AUTHORITY BECAUSE IT'S ALREADY IN THE DOCUMENT. THAT AGAIN, MAKES IT MORE TRANSPARENT, MORE AVAILABLE FOR THE CITY COUNCIL. FIVE DONE. >> OKAY. >> SEVEN. >> DEFINITELY HAVE A FEW QUESTIONS ON THAT. DO YOU WANT TO TAKE QUESTIONS ON ARTICLE 5? >> SURE. HOWEVER THE COUNCIL WANTS TO TAKE QUESTIONS. >> WELL, IT'S A LOT TO DIGEST. WE'RE GETTING CLOSE TO FIVE O'CLOCK. I DON'T WANT TO PUSH US TOO FAR WITHOUT A RECESS. BUT I WOULD LIKE TO JUST PAUSE HERE FOR A MINUTE. THESE ARE RECOMMENDATIONS. WE CAN MODIFY THESE, WE CAN ACCEPT THESE, WE CAN REJECT THESE. MAYBE LET'S DO THIS BEFORE WE TAKE A RECESS, WE CAN GO THROUGH 0.53. MAYBE YOU UNDERSTAND A LITTLE BIT MORE OF WHAT YOU'RE DRIVING AT THERE. MAKE SURE WE UNDERSTAND WHAT WE'RE LOOKING AT, AND THEN PROBABLY COME BACK IN AFTER THE RECESS, CONDUCT A DISCUSSION WITH FURTHER QUESTIONS. BUT COUNCIL, I HAVE A FEW QUESTIONS ON THAT ONE, AND I WOULD JUST OPEN IT UP FROM OTHER COUNCIL FOR QUESTIONS FOR MR. HYDE ON ANY OF THIS AND THEN IF THERE ARE NONE, I'LL ADDRESS THEM. >> WHICH ONE ARE WE TALKING ABOUT GOING BACK TO 05? >> I'M GOING TO 053. >> YOU GO AHEAD, WHATEVER YOU'VE GOT. >> I'LL WAIT A MINUTE. >> ANYBODY ELSE HAVE ANYTHING? >> NO ONE. >> OKAY. I WANT TO KNOW. SO EDCS REQUIRED BY LAW TO HAVE RESERVES REQUIRED BY LAW AND TO NOT CARRY RESERVES, LIKE WHAT'S THE LAW? >> WELL, THE ECONOMIC DEVELOPMENT CORPORATIONS PROVISIONS OF STATE OF LOCAL GOVERNMENT CODE DO NOT IDENTIFY A RESERVE NECESSARY OR HOW MUCH THAT RESERVE WOULD BE. >> LIKE A MUNICIPALITY WE MUST KEEP 90 DAYS RESERVES IN ORDER TO STAY IN GOOD STANDING, AND I THINK IT'S EVEN 60 DAYS MINIMUM. BUT EDCS DO NOT HAVE A RESERVE REQUIREMENT. >> NO, IT DOESN'T. WHAT THAT MEANS IS IT WAS DEFERRED TO THIS BODY. IF IT SO ELECTS TO SET A RESERVE FOR IT, OR THE BYLAWS CAN SET A RESERVE FOR THEM. [02:00:03] >> DO WE HAVE ANYTHING IN THE BYLAWS THAT YOU'VE REVIEWED THAT SET UP A RESERVE ACCOUNT FOR THE EDC? >> I DON'T RECALL. >> YOU COULD CLARIFY? >> YES. [NOISE] >> THEN DO YOU RECOMMEND THAT IT'S GOOD BUSINESS PRACTICE OR BEST PRACTICES TO HAVE RESERVES FOR EDCS? >> I THINK THAT A NUMBER OF CIRCUMSTANCES REQUIRE IT. FOR INSTANCE, IF YOU DID A BOND, THERE MAY BE AN AMOUNT, EVEN A LOAN TO A BANK, THEY MAY WANT TO HAVE RESERVES OF 1.5 YEARS OF PAYMENTS IN THEIR BANK AT THEIR FINANCIAL INSTITUTIONS. YES. >> WE DEFINITELY WANT TO HAVE THE HEALTHIEST EDC THAT WE CAN. WE BELIEVE THAT BY TAKING THIS EXERCISE THROUGH THE ARTICLES, WE'RE IMPROVING ON THE OVERALL HEALTH AND WELLNESS AND FUTURE OF IT, NOT RETRACTING OR RESTRICTING THAT. WOULD YOU GIVE A RECOMMENDATION OF WHAT YOU'VE SEEN AROUND THE STATE THAT IS A GOOD RESERVE? >> I THINK THAT THE RESERVE DEPENDS ON WHAT YOUR DEBT LOAD IS. IF YOU HAVE 20 PROJECTS OUT THERE THAT YOU ARE GOING TO MAKE A MILLION DOLLARS INCENTIVE EVERY YEAR, THEN YOU MAY NEED $50 MILLION OF A RESERVE. BUT IF YOU ONLY HAVE FIVE MILLION DOLLARS OF PROJECTS, YOU MAY NOT NEED 50. YOU MAY ONLY NEED FIVE. >> WOULD IT BE WITHIN YOUR EXPERTISE AND YOUR SCOPE IN HAVING YOU LOOK AT THIS AND WORK ALONGSIDE THE EDC TO DEVELOP THE PRE APPROVED EXPENDITURE LIST THAT GOES IN WITH THEIR BUDGET REQUEST FOR YOU TO LOOK AT THEIR DEBT CAPACITY DEBT LOAD AND MAYBE WHAT WOULD BE A RECOMMENDED RESERVE, AND WE COULD ALSO UTILIZE US AS THE FISCAL AGENT HERE WEIGHING IN ON THAT. I THINK WHAT I WOULD WANT TO RESTRICT OR REALLY SHY AWAY FROM IS FEELING LIKE, WELL, 053 SAYS [NOISE] THAT ONCE WE PAY THE PENNY OF THE LAST BILL, EVERYTHING IS. IF WE DETERMINED, WELL, WE ARE NOT RESERVED APPROPRIATELY, THEN WE WOULD SET THAT GOAL AND WE WOULD MOVE TOWARDS THAT. IF WE DETERMINED WE WERE OVER RESERVED, THEN WE WOULD HAVE A DIFFERENT LATITUDE, I THINK, IN HOW WE WOULD PUSH ON 053. IN 053, ARE THOSE MONIES RESTRICTED FOR ECONOMIC DEVELOPMENT? >> NO. >> OKAY. WHY WOULD THEY NOT BE IF THE CITY VOTED IN A HALF A CENT AND WE'VE COMMITTED TO OUR CONSTITUENTS THAT WE WOULD USE THAT HALF CENT AND WE GO AND WE USE IT, BUT THEN OPPORTUNITY IS JUST NOT THERE? >> WELL, IT GOES BACK TO STATUTORY CONSTRUCTION. IN THE INFINITE WISDOM OF OUR LEGISLATURE, IF THEY HAD INTENDED TO LIMIT THE USE OF THOSE FUNDS, THEY WOULD HAVE SAID SO. BECAUSE THEY DO IN OTHER STATUTES, THEY [NOISE] SPECIFICALLY IDENTIFY HOW LIMITED FUNDS. BECAUSE THEY DID NOT, THEY WERE SUPPOSED TO BELIEVE THAT THE LEGISLATURE INTENTIONALLY DID NOT PUT THAT IN THAT LAW. IF THEY DIDN'T PUT OR IF THEY DID PUT CERTAIN WORDS, WE'RE SUPPOSED TO SAY THAT THOSE WERE THE WORDS THEY INTENTIONALLY PUT IN. IN THIS CASE, THE PROVISION THAT TRANSFERS IT DOES NOT PROVIDE [OVERLAPPING] >> IF WE'RE RUNNING OUR ECONOMIC DEVELOPMENT CORPORATION VERY WELL, AND WE'RE BEING FRUGAL WITH THE MONIES, BUT WE'RE GROWING AS FAST AS WE CAN, AND WE WERE TO END UP WITH A FINDING, SO THE WAY THIS WOULD WORK IS, SHOW ME WHAT YOU PLAN ON DOING, AND THEN A YEAR LATER, SHOW ME WHAT YOU DID. THAT WOULD PRODUCE A FINDING OF ALL THE BILLS HAVE BEEN MET. EVERYTHING HAS BEEN SATISFIED AND AS AN EXAMPLE, LET'S SAY THERE'S A MILLION DOLLARS OF REVENUES THAT WERE UNEXPECTED. SALES TAXES WERE HIGHER THAN WE THOUGHT OR WE SOLD A PIECE OF PROPERTY, WHATEVER IT MAY BE. IN THIS NEW ARTICLE, 053 WOULD THEN REQUIRE THE BOARD TO MAKE A FINDING THAT THAT MILLION DOLLARS WAS NOT NEEDED TO SATISFY THOSE YEARS, IF WE HAD IT FURTHER, THAT THAT BOARD WOULD MAKE A FINDING OR A RECOMMENDATION THAT IT NEEDS TO GO TO RESERVES. BUT IN ASSUMING AND THEN YOU CAN TAKE ME BACK TO THAT ASSUMING THEIR RESERVES ARE ADEQUATE, THAT MILLION DOLLARS COULD GO BACK TO THE GENERAL FUND AND COULD BE SPENT ON AN EXAMPLE, SAY SENIOR CITIZENS WORKING TOWARDS A FOOD PROGRAM OR WHATEVER. IT WOULD BE UNRESTRICTED. >> NOW, THE TWO THINGS THAT I WANTED TO POINT OUT. NUMBER 1 IS, AS YOU SAID, THE BOARD IS THE ONE THAT MAKES A FINDING. THE BOARD'S TO FINDING IS A LEGISLATIVE ACT. IN ORDER FOR ANYONE TO CHALLENGE THE BOARD'S FINDING, THEY WOULD HAVE TO SHOW THAT IT WAS ARBITRARY OR CAPRICIOUS. IF I HAD AN ORGANIZATION WITH $250 MILLION OF THE BANK, THEY'RE GETTING $50 MILLION A YEAR AND THEY HAVE NO PROJECTS, THEN I THINK IT'S VERY APPARENT THAT YOU'RE BEING ARBITRARY AND CAPRICIOUS AND SO I WANTED TO POINT THAT OUT. THEN THE SECOND THING I WANTED TO POINT OUT IS THIS DOES NOT ALSO EXCLUDE PROJECTS THAT YOU'RE UNDER CURRENT NEGOTIATION, AND ANTICIPATING THESE PROJECTS TO HIT IN YOUR BUDGET YEAR AND SO IF THIS HITS, WE'RE GOING TO NEED $10 MILLION FAST. [02:05:03] WE'RE GOING TO LEAVE THAT IN OUR RESERVE FOR THAT PROJECT IN SPECIFIC. >> WITH EDCS HAVING TO BE SO FORWARD THINKING AND WE EVEN HAVE A STRATEGIC BUSINESS PLAN MEETING TOMORROW, [NOISE] YOU'RE PROJECTING FUTURE GROWTH, YOU'RE HOPING FOR THE WINDFALL, EVERYTHING COMING. WOULD YOU LOOK AT THIS IN A WAY WHERE IT'S NOT ANNUALIZED, BUT MAYBE YOU'RE WORKING IT A YEAR BEHIND? LIKE YOU WOULD BE ABLE TO SAY THAT YOUR RESERVES ARE JUST ADEQUATE. YOU'VE PAID ALL YOUR BILLS, BUT YOU HAVE MONIES LEFT OVER, AND THAT YOU WOULD PROJECT A GOOD YEAR COMING UP, SO THEN THEY WOULD MAKE THAT RECOMMENDATION OF LEAVE THE MILLION DOLLARS HERE BASED ON FUTURE PROJECTS. >> SURE. >> OKAY. >> FOR PURPOSES OF THAT PROJECT LINE ITEM IS THAT IT WOULD BE ANTICIPATED PROJECTS, AND IF IT'S $20 MILLION, IT'S $20 MILLION. NOW, THAT'S NOT APPROVED FOR THOSE PROJECTS BECAUSE THE INCENTIVE AGREEMENT HAS TO COME TO THE COUNCIL HAS TO BE APPROVED, AND AT THAT POINT, THE EXPENDITURE TO SUPPORT THAT CONTRACT WOULD BE APPROVED IN THE RESOLUTION, AND YOU'RE GOOD TO GO. >> EVERYTHING WOULD BE SPELLED OUT IN THE ARTICLE SO THAT MOVING FORWARD, EVEN THOUGH THIS MAY SEEM A LITTLE COMPLEX NOW TO US BECAUSE OF THE WAY WE'VE BEEN DOING BUSINESS, MOVING FORWARD, THIS IS GOING TO BE VERY CLEAR AND LEGALLY DEFINED SO THAT WE HAVE LESS MISUNDERSTANDING. COUNCIL, I THINK THAT GETS ME WHERE I NEED TO GO. COUNCILMAN KRAFT, DID YOU HAVE SOMETHING? >> WAS IT THE METHOD? CAN YOU GO MORE IN DEPTH ON THE METHOD OF [NOISE] HOW IT'S TO BE EXPENDED? CAN YOU TALK ABOUT P CARDS AND CREDIT CARDS? >> YEAH. THAT WAS ACTUALLY PUT IN BECAUSE OF SOME FEEDBACK FROM COUNCIL. WE MAY BE ABLE TO CREATE A BLANKET EXCLUSION, FOR INSTANCE, THAT PERSONAL CREDIT CARDS WILL NOT BE USED UNLESS SPECIAL CIRCUMSTANCES AND YOU'VE GOT TO GET THOSE CIRCUMSTANCES APPROVED BY THE BOARD IF YOU'RE GOING TO GET REFUNDED. STUFF LIKE THAT BECAUSE IF IT HAS TO COME TO THE BOARD AND YOU'RE GOING TO SPEND THE MONEY, YOU ALREADY KNOW YOU'RE GOING TO HAVE TO BE ABLE TO LEGITIMATELY SUPPORT IT BECAUSE IT'S GOING TO OCCUR AT A PUBLIC MEETING. IN THE PAST, WHEN I'VE USED THAT TYPE OF PROGRAM, IT REALLY KEEPS PEOPLE IN COMPLIANCE WITH YOUR RULES. >> ANYTHING FURTHER, COUNCILMAN? >> NO, GEORGE, I APPRECIATE YOUR WORK ON THAT. >> WE DON'T HAVE TO LET YOU OFF THE HOOK. UNLESS WE HAVE ANOTHER QUESTION WE WANT TO ADDRESS NOW. GO RIGHT AHEAD. >> THE GATEWAYS. I JUST HAD A QUESTION ON THE GATEWAYS. IS THAT CONSIDERED A TYPE A PAVEMENT? >> WELL, I HAVE TO ANSWER THAT AS STATED, AND MY ANSWER IS NO. IT'S NOT A TYPE A PROJECT, BUT THEY'RE NOT BRINGING A PROJECT TO YOU AND THAT'S PART OF WHAT THE OTHER COMMENT I HAD. IF YOU LOOK AT THE FINANCIALS FOR PURPOSES OF PAYMENT ON THIS PROJECT, IT'S A COMBINATION OF MARKETING AND PROJECT SUPPORT, I GUESS IS WHAT THEY CALL IT. [NOISE] WELL, PROJECT SUPPORT RELATES TO A PROJECT, THIS ISN'T A PROJECT, SO I DON'T KNOW THAT PROJECT SUPPORT MONEY WOULD BE APPROPRIATE FOR THIS. BUT WHAT ECONOMIC DEVELOPMENT CORPORATIONS DO, AND THE STATE LAW DOES REGULATE THIS THAT AN ECONOMIC DEVELOPMENT CORPORATION, WHETHER YOU'RE TYPE A OR TYPE B, BECAUSE REMEMBER THE TYPE A STUFF ALSO APPLIES TO TYPE B'S TOO. >> CAN USE UP TO 10% OF THEIR ANNUAL REVENUE FOR MARKETING PURPOSES. PUBLICIZING AND ADVERTISING LIKE PAYING FOR BILLBOARDS AND SO FORTH, ALONG THE FREEWAYS IS ADVERTISING. A MONUMENT SIGN IF THE BOARD FINDS IT TO BE ADVERTISING, THEY CAN SPEND THAT MONEY ON ADVERTISING, SUBJECT TO THAT ARBITRARY AND CAPRICIOUS WORLD. I THINK THIS IS AN APPROPRIATE EXPENDITURE OR AN AUTHORIZED EXPENDITURE UNDER MARKETING, NOT UNDER PROJECT SUPPORT, AND IT IS A LEGAL EXPENDITURE OF FUNDS FOR THAT PURPOSE. WITH 2.5 MILLION AS THEIR CAP, SINCE THEY HAVE A $25 MILLION REVENUE SOURCE ANNUALLY, THEN IF $800,000 IS IN THE BUDGET FOR MARKETING, AND THIS IS $625,000 TO GO ON TOP OF THE 800, YOU'VE GOT MORE THAN HALF OF THEIR MARKETING FUNDS EXPENDED. [02:10:05] IF THIS IS THE ONLY MARKETING PROJECT THEY CURRENTLY HAVE, THEN 625 WOULD BE WITHIN THE 800 AND NO AMENDMENT TO THE BUDGET WOULD BE NECESSARY OR APPROVAL OF THOSE FUNDS FOR USE. THE WAY THAT IT'S BEEN PRESENTED AND THE LANGUAGE USED THAT THEY WANTED TO INCREASE THE MARKETING BUDGET BY THIS AMOUNT, IT'S A LITTLE CONFUSING TO ME. >> TO CLARIFY ON THIS ONE PARTICULAR ITEM, YOU SET APPROVAL FROM THEIR BOARD? >> YES. >> THEY VOTE ON IT FIRST, IT PASSES, THEN WE WOULD VOTE ON IT. >> RIGHT AND THAT IS SHOWN IN THE IN THE DOCUMENT ON THAT ITEM. >> THAT'S A LEGAL REQUIREMENT UNDER STATE LAW FOR AN EXPENDITURE, JUST LIKE THEIR BUDGET, OVERALL BUDGET, THEY'RE GOING TO VOTE FOR IT, THEN THEY'RE GOING TO BRING IT. WE'RE GOING TO APPROVE IT ALONG WITH THE EXPENDITURE LIST. >> RIGHT. >> OKAY, COUNSEL? QUESTION. WITH THE ARTICLES INCORPORATION, AND AS I READ THEM, NOT KNOWING ANY OF THE BACKGROUND THAT YOU HAD TOLD US TODAY, I INTERPRETED THIS AND YOU SAY THERE'S REALLY NO DEFINITION IN THE LAW OF WHAT PROGRAMS AND EXPENDITURES ARE, SO THAT'S SOMETHING WE HAVE TO IDENTIFY WHAT THOSE ARE? >> WELL, THE COURTS DIRECT YOU TO THE DICTIONARY FOR A DEFINITION OF A TERM THAT'S NOT DEFINED IN THE STATUTES. >> BUT IN THIS CASE, IT WOULD BE ANY MONEY THAT IS SPENT HAS TO BE APPROVED BY THE BOARD AND HAS TO BE APPROVED BY COUNSEL? >> YES, SIR. >> NO MATTER WHAT IT'S FOR. THEN MY QUESTION IS THE FORM OF WHICH IT HAS TO BE DONE. BECAUSE I READ IT TO SAY, WELL, YOU APPROVE IT IN THE BUDGET, BUT EVERYTHING STILL HAS TO COME BACK TO COUNCIL AGAIN FOR A SECOND APPROVAL. >> WELL, NOT EVERYTHING, BUT YOU CAN DO IT IN CORPORATION WITH THE BUDGET, BUT IN FACT, THE STATE LAW DOESN'T REQUIRE YOU TO APPROVE THEIR BUDGET AT ALL. IT ONLY REQUIRES YOU TO APPROVE EXPENDITURES. IF YOU LOOK AT 501073(A), IT SAYS, YOU WILL APPROVE ALL EXPENDITURES AND REVIEW THEIR FINANCIAL STATEMENTS. THAT'S IT. THERE IS NO APPROVAL OF A BUDGET REQUIRED UNDER STATE LAW. IT'S PUT IN THE CART BEFORE THE HORSE IN THAT YOUR ONLY OBLIGATION, YOU DON'T EVEN HAVE TO LOOK AT A BUDGET IF YOU DON'T WANT TO. WELL, NO, YOU HAVE TO LOOK AT IT. THE LAW SAYS YOU HAVE TO REVIEW IT, BUT YOU DON'T HAVE TO TAKE ACTION ON IT, YOU DON'T HAVE TO DO ANY OF THAT, BUT WHEN THEY'RE GOING TO GO WRITE THE CHECK, YOU HAVE TO APPROVE IT. >> BUT IF THE BUDGET MEETS THE THRESHOLD OF INFORMATION REQUIRED AND WE APPROVE IT, SUCH AS THE $20,000 FOR OFFICE SUPPLIES? >> CORRECT. >> DO THEY HAVE TO COME BACK TO US AGAIN BEFORE THEY PURCHASE THEM OR OKAY. THE BUDGET APPROVAL AS LONG AS IT PROVIDES THE ADEQUATE DETAIL THAT WE NEED IS AN APPROVAL OF THE EXPENDITURE? >> CORRECT, ABSOLUTELY. >> THEN SO WHERE DO YOU GET INTO THE DETAILS OF SPELLING THAT OUT MORE SPECIFICALLY. EVERYBODY IS ON THE SAME PAGE OF KNOWING WHAT IS THE PROCESS THAT WE'RE GOING TO USE? BECAUSE THAT'S NOT REALLY SPELLED OUT IN THE ARTICLES OF INCORPORATION, SAYS HOW YOU DO IT, BUT IT SAYS YOU HAVE TO DO IT, BUT IT DOESN'T SAY HOW YOU DO THIS. >> WELL, IF THE CITY COUNCIL WOULD LIKE, WHAT I'VE DONE IN ONE OTHER ORGANIZATION THAT WANTED THAT WE ADOPTED FORMS, AND THAT FORMAT WAS SOMETHING THAT WAS DESIGNED IN CONJUNCTION WITH AND IN COLLABORATION WITH THE ECONOMIC DEVELOPMENT CORPORATION SO THAT IT MET WHATEVER NEEDS THEY NEEDED BASED ON THEIR METHOD OF ACCOUNTING, AS WELL AS MEETS THE LEVEL OF TRANSPARENCY THAT I THINK THAT THE COUNCIL IS LOOKING FOR HERE AS WELL. INSTEAD OF HAVING LANGUAGE WITH REGARD TO INSTRUCTIONS, WE CAN DO IT LIKE AN IRS FORM. HERE'S YOUR FORM AND HERE'S THE INSTRUCTIONS. >> WOULD THAT BE SOMETHING THAT YOU WOULD ADDRESS IN THE BY LAWS OR IS THAT NOT SOMETHING ASSOCIATED WITH BY LAWS, THE MORE SPECIFICS ON HOW YOU EXECUTE ON THE ARTICLES OF INCORPORATION? >> WELL, TYPICALLY, THIS ONLY BECOMES AN ISSUE WHEN THERE'S BEEN AN INAPPROPRIATE USE OF FUNDS, AN UNAUTHORIZED USE OF EXPENDITURES AND ONCE THAT HAPPENS, THEN YOU DON'T WANT YOUR CORPORATION OF WHICH YOU ARE THE PARENT OF TO EXPEND FUNDS THAT ARE INCONSISTENT WITH THE LAW. YOU TRY TO DO THINGS TO PROVIDE THEM MORE AND MORE NOTICE AND SELF SELF COMPLIANCE BY DOING THE TYPE OF INSTRUCTIONS AND FORM. [02:15:01] >> A QUICK QUESTION JUST ON THE HISTORY OF THE AEDCS. DO YOU KNOW WHY BACK WHEN THEY WERE ESTABLISHED, THEY WERE SET UP THE WAY THEY ARE ACROSS THE STATE OF TEXAS IS, IN OTHER WORDS, ECONOMIC DEVELOPMENT IS NOT DONE DIRECTLY IN HOUSE IN THE CITY, BUT IT WAS SET UP THIS WAY. WHY WAS IT SET UP WITH A SEPARATE BOARD, SEPARATE STAFF, A LITTLE BIT OF A DETACHMENT, BUT STILL CONNECTED WITH THE CITY? >> ONE IS THAT IF THE ECONOMIC DEVELOPMENT CORPORATION IS ENTERING INTO CONTRACTS WITH THIRD PARTIES, IT DOES NOT TRIGGER THE FULL FAITH AND CREDIT AND DOES NOT PUT THE TAXPAYERS DOLLARS AT RISK. THAT'S A BIG CHANGE BECAUSE OTHERWISE, THE CITY COUNCIL IF THERE WAS A $50 MILLION PROJECT THAT WENT BAD AND YOU GOT A JUDGMENT, THE TAXPAYER'S MONEY WOULD BE AT RISK. YOU MAY HAVE TO INCREASE TAXES TO PAY THAT JUDGMENT. WITH THE ECONOMIC DEVELOPMENT CORPORATION BEING A DIFFERENT CORPORATION, THE PUBLIC'S TAX DOLLARS ARE SAFE. NOW, THE SECOND PART OF DOING IT THIS WAY IS SOMETHING THAT I'VE DONE WITH A NUMBER OF MY ECONOMIC DEVELOPMENT CORPORATIONS IS THAT UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CORPORATION, THE CITY COUNCIL HAS THE AUTHORITY TO DO INCENTIVES, BUT SOMETIMES WHEN YOU DO INCENTIVES WITH TAX DOLLARS, IT BECOMES A SIGNIFICANT POLITICAL ISSUE. CHAPTER 380.004 OF THE LOCAL GO OR THE TEXAS LOCAL GOVERNMENT CODE, IS THE PROVISION THAT SAYS, THIS BODY, AND THIS IS THE ONLY REASON WHY YOU CAN'T SAY BECAUSE 501007 SAYS YOU CAN'T AID A CORPORATION IN ANY WAY SHAPE OR FORM. THE EXCEPTION IS 380.004, AND IT SAYS, FOR PURPOSES OF AN INCENTIVE, YOU CAN GIVE MONEY TO AN ECONOMIC DEVELOPMENT CORPORATION TO PAY AN INCENTIVE. WHAT THAT DOES, WHAT I DO, THEY'RE CALLED FUNDING AGREEMENTS, AND IT'S AN AGREEMENT BETWEEN THE ORGANIZATION, THE CITY AND THE EDC, THAT A HALF CENT OF THE SALES TAX FROM THIS AREA IS GOING TO BE FUNDED AS AN INCENTIVE TO THE EDC BECAUSE THE DEAL IS NOT JUST THEIR HALF CENT, BUT THEY WANT ANOTHER HALF CENT. THEY WANT TO SPLIT 50/50. THE WAY I DO THOSE IS THAT'S A CONTRACT BETWEEN THE ECONOMIC DEVELOPMENT CORPORATION AND THE CITY, SO THAT THERE'S ONLY ONE CONTRACT WITH THE INCENTIVE. THAT WAY, THERE'S NO ARGUMENT AS TO THESE TERMS MEAN A DIFFERENT THING THAN THESE TERMS. YOU'RE IN BREACH OVER HERE, BUT YOU'RE NOT IN BREACH OVER HERE, SO WE'VE GOT TO GIVE YOU THE MONEY OUT HERE WHEN THEY'RE IN BREACH WITH THE CITY. WE AVOID ALL OF THAT BY DOING IT THAT WAY, AND IT ALSO RELIEVES THE CITY COUNCIL FROM OTHER THAN THE FUNDING AGREEMENT FROM MAKING THOSE DECISIONS UP FRONT. >> THEN THERE ARE CERTAIN EXPENSES THAT WE KNOW WE WILL HAVE, BUT WE MAY NOT KNOW THE DETAIL OF THEM GOING INTO A BUDGET YEAR. FOR EXAMPLE, WE MAY NOT KNOW WHICH COMPANIES DURING THAT YEAR WE'RE GOING TO BE OFFERING INCENTIVES TO. >> CORRECT. >> HOW DO YOU HANDLE THAT? >> WELL, THAT'S WHERE WHAT I TALKED ABOUT TO BE THE PROJECT FUND. WE ANTICIPATE IF EVERYTHING THAT WE HAVE IN OUR INCUBATOR IS GOING TO OCCUR, WE'RE GOING TO NEED $25 MILLION THIS BUDGET YEAR, TO MEET THE REQUIREMENTS OF THESE PROJECTS. WE PUT THAT AND WE ALLOCATE THAT $25 MILLION PROJECT. NOW, WHEN YOU HAVE A PROJECT, YOU HAVE TO DO A PERFORMANCE AGREEMENT. IT'S REQUIRED UNDER STATE LAW. THAT PERFORMANCE AGREEMENT HAS CERTAIN REQUIREMENTS IN IT, AND THEN IT HAS TO BE APPROVED BY BOTH THE ECONOMIC DEVELOPMENT CORPORATION BOARD AND THIS BODY. WHEN THAT COMES TO BE APPROVED, WHICH THEN ALLOWS THE EXPENDITURE TO OCCUR, YOU INCLUDE THE AUTHORIZATION TO EXPEND THE FUNDS TO SUPPORT THE CONTRACT IN THE RESOLUTION SO THAT YOU HAVE A WRITTEN DOCUMENT SHOWING THE CITY COUNCIL APPROVED THE EXPENDITURE AND APPROVED THE PROJECT. BECAUSE WITH CONTRACTS, INSTEAD OF HAVING TO SPEND 10 HOURS DIGGING THROUGH MINUTES TO TRY TO FIND THE MINUTE ORDER THAT SAID THAT THE CONTRACT WAS APPROVED, MY RECOMMENDATION IS ALWAYS TO DO A RESOLUTION THAT A APPROVES THAT CONTRACT. THAT WAY, YOU HAVE AN IMMEDIATE THING YOU CAN FIND WHEN SOMETHING GOES BAD 10 YEARS AGO OR 10 YEARS LATER. >> THEN ANYTIME YOU'RE WORKING ON ECONOMIC DEVELOPMENT, THE LAW ALLOWS YOU TO BE ABLE TO DO CERTAIN THINGS THAT DON'T HAVE TO BE RELEASED TO THE PUBLIC UNTIL A CERTAIN TIME, CORRECT? >> CORRECT. >> BECAUSE TO PROTECT YOU MAY HAVE NON DISCLOSURE AGREEMENTS, YOU MAY HAVE COMPETITIVE ADVANTAGES. YOU MAY HAVE THINGS THAT YOU DON'T WANT GETTING OUT THAT YOU MAY BE DOING, BUT AT SOME POINT, THAT INFORMATION [02:20:01] IS REQUIRED AND HAS TO BE RELEASED TO THE PUBLIC, CORRECT? >> ONCE THE PROJECT IS APPROVED, OR IF THE PROJECT IS DEAD, THEN IT WOULD BE SUBJECT TO PUBLIC DISCLOSURE, BUT LET ME BE CLEAR. THE PUBLIC INFORMATION ACT AND THE OPEN MEETINGS ACT DOES NOT RESTRICT THE DISCLOSURE OF INFORMATION THAT WOULD OTHERWISE NOT BE CONFIDENTIAL UNDER ANOTHER LAW. LET ME GIVE YOU AN EXAMPLE, AND I DON'T WISH THIS ON GRACE WHATSOEVER, BUT SAY THAT YOUR CITY MANAGER HAS SOME INCURABLE DISEASE. YOU HAVE AN 074 PERSONNEL EXECUTIVE SESSION FOR HIM TO SAY, LISTEN, I'M GOING TO BE OUT BECAUSE I HAVE TO TREATMENTS AND SO FORTH, AND BUT ULTIMATELY, PROBABLY WITHIN A YEAR FROM NOW, WE'RE GOING TO NEED TO FIND A NEW CITY MANAGER. THAT WOULD BE THE PROFESSIONAL THING TO DO. NOW, IF YOU WALK OUT AND GO UP IN FRONT OF THE NEWS AND SAY, CITY MANAGER HAS TOLD ME HE HAS AN INCURABLE DISEASE. WELL, YOU JUST VIOLATED HIPAA. IN YOUR POSITION AS HIS EMPLOYER, HE HAS CONFIDENTIALITY AS TO HIS MEDICAL INFORMATION, AND HE DID NOT WAIVE THAT CONFIDENTIALITY. IT'S HIPAA THAT KEEPS YOU FROM TALKING ABOUT HIS MEDICAL SITUATIONS OUT IN THE PUBLIC. IT'S NOT THE OPEN MEETINGS ACT. WHEN YOU DEAL WITH ECONOMIC DEVELOPMENT, THERE TECHNICALLY IS NOT A PROVISION IN THERE THAT SAYS THAT YOU'LL KEEP PROJECTS CONFIDENTIAL. WHAT I USUALLY DO IS WHEN WE TALK ABOUT PROJECTS BECAUSE THEY'RE SO LEGALLY INTERTWINED, IS I DO A 071 WITH THE 087 TOGETHER. I DO THAT SO THAT THE DISCUSSION IS NOW PROTECTED BY ANOTHER LAW, CHAPTER 503 OF THE TEXAS RULES OF EVIDENCE THAT SAYS, ATTORNEY CLIENT COMMUNICATIONS, INCLUDING THE REPRESENTATIVES OF THOSE OF YOUR CLIENT, THE CITY, AND THE INFORMATION THAT THEY PROVIDE TO SEEK ATTORNEY'S ADVICE IS PART OF THE CONFIDENTIAL LANGUAGE. IF SOMEBODY COMES OUT OF THAT EXECUTIVE SESSION, YOU DON'T WRITE OPEN MEETINGS. WHAT YOU'VE DONE IS YOU'VE VIOLATED THIS BODY'S CONFIDENTIAL OBLIGATION. THIS BODY THEN CAN TAKE ACTION AGAINST YOU IN THE EVENT THAT YOU'VE SCREWED SOMETHING UP. I HANDLED THAT FROM THE CITY OF GALVESTON. THEY RELEASED A 12 PAGE ECONOMIC DEVELOPMENT LETTER THAT PUT THEM IN A BAD PLACE WITH THE FEDERAL GOVERNMENT. >> THESE ARTICLES OF INCORPORATION THAT YOU PRESENTED TO US IS THAT THE STANDARD ACROSS THE STATE? >> WELL, I TRIED TO EXPLAIN THAT EARLIER, IT'S SIMILAR TO THOSE THAT HAVE HAD TO CREATE SOME MECHANICAL WAY TO TRY TO STOP THE WAY WE ALWAYS DID IT TO CREEP BACK INTO THE ORGANIZATION. IF YOUR BYLAWS AND YOUR PROVISIONS INCLUDE THIS TYPE OF LANGUAGE, AND YOU REQUIRE THAT YOUR BOARD MEMBERS WHEN THEY GET APPOINTED TO READ, REVIEW, AND WRITE SOMETHING THAT THEY UNDERSTAND THEM. SOME OF THEM MIGHT SAY, LISTEN, I'M NOT IN FOR THIS BECAUSE THEY MIGHT NOT LIKE TO DO SOMETHING THAT SAYS THAT THEY MIGHT GET CIVILLY LIABLE FOR, BUT THEN EVERYONE SITTING IN THE ROOM KNOWS WHAT'S SUPPOSED TO BE DONE. NOW, WHEN I TAUGHT THE FBI ON ETHICS IN 2006, EVERYONE SAYS THAT DOING SOMETHING RIGHT WHEN NOBODY'S LOOKING IS THE RIGHT THING TO DO. THAT'S WHEN YOU KNOW. I'VE ALWAYS SAID, DOING THE RIGHT THING WHEN EVERYBODY'S LOOKING, AND IT'S THE UNPOPULAR THING TO DO IS WHAT'S ETHICAL, AT LEAST IN LAW ENFORCEMENT, BECAUSE SOMETIMES YOU HAVE TO DO THINGS THAT ARE VERY UNPOPULAR, AS IS ANY PERSON JUST AS YOU HAVE SWORN TO UPHOLD THE LAWS OF THE STATE. THOSE ARE THE TYPE OF MECHANISMS I'VE SEEN THIS USED FOR IN THE PAST, IS WHEN YOU'RE TRYING TO PUT A STOP BEHIND YOU SO THAT YOU CAN GO FORWARD WITH SOME LEVEL OF CONFIDENCE THAT THIS WILL NOT BE CHANGED. NOW, A CITY COUNCIL, THE NEXT CITY, YOU CAN'T BIND THE FUTURE CITY COUNCIL. CITY COUNCIL FOR A YEAR FROM NOW, IF THEY WANT TO CHANGE THE ARTICLES OF INCORPORATION AND REMOVE ALL THESE THINGS, THEY COULD DO IT, BUT THEY WOULD JUST HAVE TO UNDERSTAND THAT THEY'VE ALSO HAVE A DUTY TO FOLLOW THE LAW. IF THEY DON'T WANT THEM HERE, THERE'S STILL THE LAW. WE'RE JUST PUTTING THEM IN HERE SO THAT THE PEOPLE YOU APPOINT AND THE PEOPLE THAT WORK THERE KNOW THE LAW, EVEN IF THERE ARE NO POLICIES OR PROCEDURES, OR WHEN THEY'RE CREATING POLICIES AND PROCEDURES, LIKE A $50,000 LIMIT. THEY KNOW THEY COULDN'T DO THAT IN THE FIRST PLACE BECAUSE THEY KNEW THE LOSS AT ALL, [02:25:01] AND THAT WAS AT LEAST BEEN THE INTENT IN THE PAST. >> THANK YOU. GOOD DISCUSSION. LET'S TAKE A 10 MINUTE RECESS. COME BACK IN HERE. SORRY, HOLD ON 1 SECOND. DO YOU WANT TO WAIT UNTIL WE COME BACK? WE'RE NOT DONE WITH THE DISCUSSION. GO RIGHT AHEAD, SIR. >> IF WE'RE DOING A PROJECT, AND SHOULD WE HAVE SO MANY BIDS, WHETHER IT BE ADC OR SUBSIDY? >> WELL, THE CITY HAS A BID REQUIREMENT, PROCUREMENT RULES THAT APPLY. THOSE DON'T APPLY TO THE ECONOMIC DEVELOPMENT CORPORATION. WHAT I'VE DONE BEFORE IS I'VE IN YOUR ARTICLES OR IN YOUR BYLAWS, YOU LIMIT THEIR APPROVED OR THEIR EXPENDITURES FOR THOSE TYPES OF PROJECTS TO PEOPLE THAT THE CITY HAS ALREADY ENGAGED. IF FREEZE AND NICHOLS OR WHAT ENGINEERING IS YOUR PERSON HERE THAT YOU'VE DONE A LOT OF WORK WITH, AND THERE'S FIVE OTHERS THAT YOU'VE DONE A LOT OF WORK WITH, THEN THEY CAN PICK ANY ONE OF THOSE AND GO. >> WE'RE GOING TO TAKE A 10 MINUTE RECESS. WE'RE GOING TO COME BACK. WE'RE GOING TO WRAP THIS DISCUSSION AND THEN GIVE DIRECTION, 10 MINUTES. THANK YOU. >> NO, YOU'RE OKAY. IT DOESN'T MATTER. >> I THINK IT IS IMPORTANT AS IT IS IS TO HAVE UPDATES. I THINK WE TRY TO BE BRIEF AND KEEP THEM PRETTY POINTED TO ACCOMPLISHMENTS AND UPDATES AS TO WHERE WE ARE ON CERTAIN PROJECTS. THEN WE WILL TRY TO WRAP THIS UP WITH YOU, MR. HYDE. WE GREATLY APPRECIATE YOUR TIME HERE IN AMARILLO AND WILLINGNESS TO TRAVEL UP HERE AND ALL YOU'VE BEEN DOING FOR THE COUNCIL. IT'S BEEN VERY VALUABLE. >> IT'S AN HONOR. THANK YOU. >> CALL OURSELVES BACK INTO SESSION HERE, AND I THINK IT WAS COUNCILMAN SHERLYN THAT HAD THE MICROPHONE LAST. DID YOU GET EVERYTHING? >> YES, SIR. >> DO I HAVE ANY OTHER QUESTIONS OR CONCERNS FOR MR. HYDE? >> A COUPLE OF THINGS. IN THE ORIGINAL ARTICLES OF INCORPORATION, IT SEEMED TO TALK ABOUT THE BOARD. I GUESS THERE WAS SOME SPECIFICS ON, I GUESS IT HAD IN THE NUMBER OF BOARD MEMBERS, BUT THERE'S NOTHING IN THIS ARTICLES OF INCORPORATION ABOUT THE BOARD, HOW THE BOARD IS SELECTED, THE TERMS, THOSE TYPES OF THINGS. >> I HAD MENTIONED THIS TO THE MAYOR RIGHT BEFORE THE MEETING. BECAUSE I FELT THAT THE FOCUS THAT THE COUNCIL REALLY WANTED WAS THESE ISSUES OF INTERNAL CONTROLS, I DID NOT PREPARE A RESTATEMENT COMPLETELY. BUT MOST IF NOT ALL OF THE REST OF THE MATERIALS, ONCE YOU PUT THESE PROTOCOLS IN, THERE NEEDS TO BE SOME REORGANIZATION. FOR INSTANCE, THE SIGNATURES FOR THE CHECKS AND HOW MANY SIGNATURES IT TAKES FOR WHAT AMOUNT, ALL OF THOSE THINGS WOULD BE PUT IN HERE. THEY MAY BE REORGANIZED. BUT WHAT I'M PROPOSING IS THAT WE DO AN AMENDED AND RESTATED ARTICLES OF INCORPORATION. THAT WAY, IT'S LESS CONFUSING TO THOSE PEOPLE BECAUSE IF YOU JUST DO AN AMENDED THAT ONLY AMENDS TWO OR THREE PROVISIONS, THEN YOU GOT TO GET THE OLD ONE AND SEE WHAT THE OLD ONE SAYS AND THEN SEE WHAT THE NEW ONE SAYS. >> WHAT WE'RE PROPOSING IS TO TOTALLY REPLACE THE CURRENT ARTICLES OF INCORPORATION. >> BUT IF THERE ARE ANY OTHER MATERIAL CHANGES OTHER THAN WHAT I'VE SHOWN HERE, THOSE WOULD COME TOO. I DON'T ANTICIPATE THOSE TO BE THERE UNLESS I FIND SOMETHING IN THE PROCESS OF DOING THE RESTATEMENT. ALL THE OTHER LIMITS AND PROVISIONS WOULD BE THE SAME. >> CAN I CLARIFY BECAUSE I DON'T WANT TO MISCOMMUNICATE TO OUR PUBLIC? WE ARE NOT REDRAWING ALL OF THE ARTICLES AND REDRAFTING EVERYTHING NEW STARTING FROM SCRATCH. THAT IS NOT WHAT WE'RE DOING. WE WOULD BE ABLE TO PROVIDE A RED LINE IS WHAT YOU AND I TALKED ABOUT. >> RIGHT. >> THEY WOULD TAKE THE EXISTING ARTICLES, REORGANIZE, MAYBE UPDATE SOME OF THE THINGS THAT AREN'T SPOKEN TO THAT WE WOULD WANT CLARIFICATION ON, AND THEN PUT THE AMENDMENTS IN. YOU'D BE ABLE TO SEE THOSE RED LINES PRIOR TO THE NEXT MEETING IF WE WERE TO CALL A VOTE AT THAT TIME. >> YEAH, IT'S DIFFICULT BECAUSE WHEN, LIKE, FOR INSTANCE, ARTICLE 5 HAD A DIFFERENT SUBJECT MATTER. IT WOULD JUST BE ALL RED BECAUSE IT HAD AND SO THAT TO THE EXTENT THAT IT DIDN'T HAVE THIS IN IT, IT WOULD BE A COMPLETELY WIPE OUT. WHEN THERE'S SOME ALTERATIONS OF THAT CAPACITY, IT MAKES RED LINES A LOT HARDER TO UNDERSTAND. >> I THINK I'M STILL CONFUSED. IS THIS TOTALLY REPLACING OR EXISTING? >> NO. WHAT I HAVE PRESENTED ON ARE ONLY THE FIRST FIVE ARTICLES. THE REMAINING ARTICLES FOR YOUR ORIGINAL ECONOMIC DEVELOPMENT CORPORATE OR YOUR NOW EXISTING ECONOMIC DEVELOPMENT CORPORATION WOULD NOT NECESSARILY CHANGE OTHER THAN BE REORGANIZED IN THE PROCESS OF RESTATING THE PROVISIONS. [02:30:07] >> WE WOULD GET ANOTHER DOCUMENT THAT WOULD COME BACK THAT WOULD HAVE EVERYTHING IN ONE DOCUMENT? >> YES. >> OKAY. >> HE'LL HAVE MORE TIME TO DO THE RED LINES. IF WE THOUGHT WE HAD TIME, WE WOULD TRY TO WORK HIM WITH THE EDC IN ORDER TO GO AHEAD AND WORK FOR THAT BUDGETARY LINE ITEM REQUEST SO THAT IT WOULD ALL COME BACK TOGETHER, IN THE HOPES THAT WE'RE MOVING AS FAST AS WE CAN TO GET OUR EDC EVERYTHING THAT WE CAN GET THEM TO MOVE FORWARD. NOW, IF YOU WEREN'T READY AND SAY THE NEXT MEETING, I DON'T HAVE THE DATE, BUT SECOND TUESDAY, WE WOULD STILL HAVE MR. HYDE'S ARTICLES READY AND COULD TAKE ACTION ON THOSE. AS LONG AS COUNSEL GIVES GOOD DIRECTION HERE TODAY. >> JUST TO CURIO, WHAT OTHER CITIES HAVE YOU DONE THESE SIMILAR TYPE EDC ARTICLES OF INCORPORATION FOR? >> WELL, EITHER PREPARING OR AMENDING, THIS IS AN AMENDMENT OF ARTICLES. I TRY TO THINK ABOUT IT. ROSENBERG, BAY CITY, THE [INAUDIBLE] ECONOMIC DEVELOPMENT CORPORATION, THE BETA ECONOMIC DEVELOPMENT CORPORATION, THE VAN HORN ECONOMIC DEVELOPMENT CORPORATION, THE HAMILTON ECONOMIC DEVELOPMENT CORPORATION. I'VE CONSULTED ON ECONOMIC DEVELOPMENT CORPORATION WORK FOR THE CITY OF EL PASO. THERE'S OTHERS SOMERSET WAS THE FIRST ECONOMIC DEVELOPMENT CORPORATION THAT I HANDLED IN 2001. THOSE ARE THE ONES THAT COME TO MIND. >> DO YOU HAVE SOME OTHER OTHERS FROM SOME OF THOSE CITIES THAT YOU COULD SEND FOR US TO I'D JUST LIKE TO LOOK AND SEE WHAT THOSE LOOK LIKE. >> SURE. I'D BE HAPPY TO. >> THEN CITIES THAT WE'RE IN COMPETITION WITH, LUBBOCK, ABILENE, MIDLAND, DO THEY HAVE THE SAME TYPES OF ARTICLES OF INCORPORATION THAT WE DO. >> WELL, I MEAN, TYPICALLY, THE ARTICLES OF INCORPORATION WILL BE VERY MINIMIZED WITH REGARDS TO THE REGULATIONS OF THE INTERNAL AFFAIRS, WHEN THERE IS A COHESIVE BOARD AND CITY COUNCIL. WHEN THERE HAS BEEN A DIVIDE BETWEEN THE BOARD AND THE CITY COUNCIL AS IN HERE, WHERE YOU HAVE, HUNDREDS OF THOUSANDS, IF NOT OVER A MILLION DOLLARS OF UNAUTHORIZED SPENDING, THOSE ARE THE CASES WHERE ADDITIONAL REQUIREMENTS LIKE THIS HAVE BEEN USED. I DON'T KNOW LUBBOCK OR WHETHER THEY'VE HAD A PROBLEM AND HAVE USED THIS PROCESS OR NOT. >> IT'S NOT A LEGAL REQUIREMENT THAT THE ARTICLES OF INCORPORATION HAVE THIS IN THERE? >> IT IS A LEGAL REQUIREMENT. IF YOU ARE GOING TO DETERMINE AND I'LL GO BACK TO THE IT'S NOT THERE. SORRY. IT'S THE ARTICLE 5. IT'S SMALL HERE, YOU CAN ZOOM IT IN. BUT WHAT IT SAYS IS SECTION 501.056, THE SIXTH THING THAT GOES INTO AN ECONOMIC ARTICLES OF INCORPORATION OR ANY PROVISION CONSISTENT WITH LAW FOR THE REGULATION OF THE CORPORATION'S INTERNAL AFFAIRS, INCLUDING ANY PROVISION REQUIRED OR PERMITTED BY THIS SUBTITLE TO BE STATED IN THE BYLAWS. THIS WAS AN OPPORTUNITY THAT THE STATE LEGISLATURE CREATED FOR THIS PURPOSE. IF YOU WANT TO CONTROL THE AFFAIRS OF THE ORGANIZATION, IT IS SPECIFICALLY EXPECTED THAT NUMBER 6 WAS PUT IN THERE FOR THAT PURPOSE. >> IF AN EDC IS OPERATING WITH THE ARTICLES OF INCORPORATION THAT ARE DIFFERENT ARE NOT THE SAME AS YOURS, THEN YOU WOULD SAY THEY'RE NOT FOLLOWING THE INTENT OF THE LAW? >> NO. IT'S JUST THAT THEY HAVE NOT IN THEIR EXPERIENCE WITH THEIR EDC, BEEN IN A POSITION SIMILAR TO WHAT YOU'RE DEALING WITH NOW. USUALLY WHEN THERE'S A BLOW-UP IS WHEN THESE KIND OF THINGS COME IN. >> THANK YOU. >> YOU DON'T FIX IT, I GUESS IF IT IS IT BROKEN. >> ANY OTHER QUESTIONS FOR MR. HYDE? >> NO, SIR. >> MR. HYDE, I GOT ONE FINAL QUESTION FOR YOU. ALL THE RECOMMENDATIONS THAT YOU'VE MADE WILL BRING US INTO ALIGNMENT THAT IS MORE CONSISTENT WITH STATE LAW. >> CORRECT AND PROVIDE THE BOARD MEMBERS A RESOURCE WITHOUT HAVING TO DIG INTO THE [INAUDIBLE] >> CAN YOU THINK OF ANYTHING THAT WOULD BE A NEGATIVE FOR US COMING INTO MORE ALIGNMENT WITH CURRENT STATE LAW? >> NO. THESE REQUIREMENTS WOULD BE OBLIGATED TO THEM WHETHER OR NOT YOU INCLUDE THEM IN YOUR ARTICLES. [02:35:02] >> REALLY APPRECIATE YOU BEING HERE. THEN I KNOW WE HAVE ANOTHER ITEM THAT YOU'VE WEIGHED IN ON. IF WE HAVE ANY FOLLOW-UPS, WE'LL CATCH YOU AT THAT TIME. >> GREAT, THANK YOU. >> CAN I ASK A QUESTION? >> SORRY MR. HYDE WAIT. >> JUST AS FAR AS WHEN YOU SAID DIRECTION. WHAT IS THE DIRECTION HERE? >> I APOLOGIZE. THAT'S A GREAT QUESTION. THANK YOU, COUNCILMAN TIPS FOR GETTING US GOING. WE NEED TO GIVE DIRECTION BEFORE WE WRAP THIS ITEM HERE. COUNSEL, DOES ANYBODY FEEL THAT ANY OF THESE SPECIFIC ITEMS ARE OUT OF BOUNDS OR SOMETHING WE SHOULDN'T LOOK TO DO? IF SO, IF YOU COULD IDENTIFY ANY OF THOSE ITEMS THAT YOU'RE UNCOMFORTABLE WITH, WE THEN COULD GIVE DIRECTION TO MR. HYDE TO MOVE FORWARD WITH THE REST. OR WE COULD GIVE MR. HYDE THE DIRECTION TO WORK WITH OUR EDC, ALLOW THEM TO WEIGH IN ON THESE ITEMS AS WELL AT THEIR BOARD LEVEL AND BRING THIS BACK TO COUNCIL. WE HAVE TWO PATHS. ONE WOULD BE TO DIRECT MR. HYDE TO THE EDC TO WORK WITH THEM, OR THE OTHER WOULD BE TO CONTINUE ON THE ROAD WE'VE BEEN ON FOR THIS COUNCIL TO GIVE DIRECTION OF WHAT WE WOULD LIKE TO SEE, AND THEN AT THAT POINT, WE WOULD DELIVER IT TO THE EDC. BOTH ARE OKAY. THEY GET US WHERE WE'RE GOING. I WOULD GREATLY APPRECIATE ADVISEMENT FROM COUNSEL ON EITHER ONE AND WHAT YOU GUYS WOULD THINK TO DO. >> MR. MAYOR, BASED ON THE CONVERSATION THAT I'VE HEARD RIGHT NOW, WHAT I'VE HEARD IS THAT THESE ARE THE KINDS OF THINGS THAT THE CITY COUNCIL WAS INTERESTED IN SEEING. OBVIOUSLY, JUST BECAUSE WE'RE NOT IN A MEETING, EACH OF YOU INDIVIDUALLY NOW THAT IT'S COME, I'VE RATTLED YOUR BRAIN A LITTLE BIT WITH THIS, YOU MAY THINK OF SOMETHING TOMORROW THAT YOU DIDN'T THINK OF TODAY. I WOULD STRONGLY ENCOURAGE YOU TO SEND THAT TO ME SO THAT I CAN ADDRESS IT. BECAUSE IF YOU HAVE DIFFERENT POSITIONS, I WOULD RATHER PUT BOTH POSITIONS IN THE DOCUMENT THAN LEAVE ONE OUT AND THEN LET THE CITY COUNCIL DECIDE WHICH ONE TO PUT IN, LIKE A CAFETERIA PLAN. LASTLY, IS THAT IF THIS IS THE RIGHT DIRECTION THAT I'M GOING, THEN I WOULD COMPLETE THE RESTATED AND THEN BRING THAT FINAL DRAFT BEFORE THIS BOARD AFTER HAVING IT FOR A WEEK TO REVIEW SO THAT ANY FINAL CHANGES COULD BE MADE. >> WOULD YOU RATHER HAVE THAT FINAL BEFORE BECAUSE I WOULD I WOULD PREFER YOU GO WORK WITH THE EDC TO GET CLARIFICATION ON SOME THINGS. JUST TO MAKE SURE THAT THAT BODY IS VERY CLEAR ON HOW IT'S INTERPRETED AND ALL THAT KIND OF THING BEFORE WE MOVE FORWARD. THAT'S WHAT I WOULD ASK. BUT ARE YOU SAYING THAT YOU WOULD RATHER GIVE US A WEEK TO DIGEST THIS AND THEN COME TO YOU WITH SOME OTHER THINGS OR GIVE YOU THAT AND THEN GO TO THEM? IS THAT WHAT YOU'RE SUGGESTING? >> NO. WHAT I WAS SUGGESTING IS THAT I CREATE THIS PROPOSED FINAL DRAFT. I ENCOURAGED EARLIER IN MY PRESENTATION THAT WE COLLABORATE WITH THE ECONOMIC DEVELOPMENT CORPORATION, AND I'M VERY WILLING TO DO THAT. IF YOU WANT ME TO PREPARE THE DRAFT, THEN I CAN CIRCLE IN WITH THE EDC, GET ANY COMMENTS OR INFORMATION THEY HAVE, AND THEN BRING THAT FINAL TO YOU. I JUST WANT TO BRING YOU SOMETHING THAT YOU CAN APPROVE FINALLY AT THE NEXT TIME I'M UP HERE. >> I THINK THAT THAT'S WHAT I WOULD LIKE TO SEE IS COLLABORATE WITH THOSE GUYS, COME UP WITH YOUR FINAL DRAFT, AND THEN MAYBE THAT'S SOMETHING THAT YOU CAN PRESENT THAT THE NEXT TIME, ALONG WITH ANY ISSUES. I GUESS WE CAN COMMUNICATE WITH YOU AS WELL. >> SURE. >> YOU CAN SEND US AN EMAIL TO SAY, HEY, THEY HAVE WORKED WITH THEIR BOARD AND THEY HAVE ISSUES WITH THIS AND THIS AND THIS OR WE CAN WORK THROUGH THAT BEFORE YOU COME WITH THE FINAL DRAFT FOR THE NEXT TIME TO TAKE ACTION ON. THAT'S JUST MY THOUGHT. >> I THINK IT'S A GOOD DIRECTION. ANYONE ELSE WANT TO WEIGH IN ON THAT? >> I WOULD ECHO. I WOULD REALLY LIKE THE OPPORTUNITY TO GET FEEDBACK AND QUESTIONS ANSWERED REALLY NOT ONLY FROM THE EDC AND THE BOARD BUT FROM CITY STAFF AS WELL, BECAUSE REALLY IT'S GOING TO BE THE CITY STAFF WORKING WITH THE EDC THAT IS GOING TO EXECUTE ALL THESE THINGS THAT YOU'RE TALKING ABOUT AND TO MAKE SURE THAT THEY GET A GOOD UNDERSTANDING. WHAT I WOULD ALSO BE LOOKING FOR, IN ADDITION TO THIS IS TO ME, THE DEVIL'S IN THE DETAILS. THIS IS OVERARCHING DOCUMENT. BUT I'D LIKE TO KNOW A LITTLE BIT MORE OF, HOW ARE WE ACTUALLY GOING TO EXECUTE ON THAT. BECAUSE YOU TALKED IN VAGUE TERMS OF HERE'S HOW IT WOULD LOOK LIKE OR HERE'S HOW. BUT I'D LIKE TO GET A LITTLE BIT MORE DEFINITION BEFORE WE ENACT THIS UNTIL LET'S GET SOME SPECIFICS ON EXACTLY HOW WHAT IS THE OPERATIONAL PROCEDURE TO MAKE SURE THERE'S NOTHING THAT'S GOING TO AND I DON'T SEE ANYTHING, [02:40:02] BUT THE LAST THING WE WANT TO DO IS DO SOMETHING THAT'S GOING TO HAMPER THE EFFECTIVENESS OF THE EDC IN THE FUTURE. I'D JUST LIKE TO MAKE SURE THAT EVERYBODY IS ON THE SAME PAGE, PARTICULARLY WITH CITY STAFF AND THE BOARD. THE ONE OTHER THING IS, AND THIS WAS BROUGHT UP BEFORE IS THE POSSIBILITY OF MAYBE GETTING A SECOND OPINION ON THIS, JUST TO SEE. THERE'S DIFFERENT ATTORNEYS THAT HAVE DIFFERENT EXPERIENCES. YOU'VE GOT YOUR EXPERIENCES IN SOME OF THE COMMUNITIES THAT YOU WORK WITH, SINCE THIS IS SO IMPORTANT FOLLOWING UP ON THE POSSIBILITY OF GETTING A SECOND OPINION ON THIS TO MAKE SURE THAT BECAUSE OF THE IMPORTANCE OF IT, WE'RE NOT MISSING ANYTHING, THAT EVERYTHING IS GOING TO BENEFIT. >> WELL, I'M GOING TO GO RIGHT ALONG WITH BOTH COUNCILMEN, AND I THINK THAT'S A GOOD DIRECTION MOVING FORWARD. WOULD ASK, DO YOU HAVE A RECOMMENDATION OF A SECOND OPINION? >> I DON'T REALLY. I KNOW THE EDC THAT HAD SOMEONE. I WOULD LIKE TO MAYBE ASK STAFF TO MAYBE DO THEIR DETERMINATION. I DON'T HAVE ONE MYSELF. BUT IF STAFF CAN HELP US EXECUTE ON THAT OF FINDING SOMEONE THAT THEY FEEL HAS GOT THE EXPERIENCE, AND IT COULD BE THE INDIVIDUAL THAT THE EDC RECOMMENDED. I HAVE NOTHING WRONG WITH THAT OR IF STAFF WOULD SAY, WELL, THERE MAY BE SOMEONE BETTER OUT THERE. I DON'T KNOW THE ANSWER TO THAT. >> I THINK THAT'S THAT WE'RE MAKING PROGRESS. MR. PATH WOULD WANT TO KNOW IF THIS WOULD BE SOMETHING YOU WOULD WANT TO WORK WITH MR. HYDE ON OR IF YOU WOULD WANT MAYBE TO ASSIGN IT TO ANOTHER STAFF MEMBER LIKE LAURA AND SHE'S INTRICATE OVER THERE. >> LET ME TALK TO MR. HYDE ABOUT [INAUDIBLE] AND I CAN TAKE IT FROM THERE. >> ALSO, IF THERE IS ANOTHER ATTORNEY THAT I MEAN, I WOULD RATHER WORK IN COOPERATION WITH ANOTHER ATTORNEY TO BE ABLE TO BRING SOMETHING TO YOU THAT THERE IS NOT A CONFLICT WITH REGARDS TO THE OPINION OR THOSE THINGS HAVE BEEN FULLY ADDRESSED RATHER THAN THE ADVERSARIAL TYPE OF RELATIONSHIP, BECAUSE THAT'S NOT GOING TO GET YOU ANYTHING EXCEPT AN OPPORTUNITY TO ARGUE. IF YOU CHOOSE TO DO THAT, BECAUSE MOST OF THE THINGS THAT I'M DOING ARE DEVELOPING WAYS OF WHICH FOR YOU TO FOLLOW STATE LAW. THE STATE LAW IS THE STATE LAW. IF YOU GET AN OPINION WHAT STATE LAW IS, IT'S STATE LAW. THIS IS EXACTLY WHAT'S OUT OF THE BOOKS. THE REST OF IT IS YOUR POLICY. HOW TRANSPARENT DO YOU WANT TO BE? WHAT LEVEL OF ABILITY DO YOU WANT TO HAVE TO BE ABLE TO UNDERSTAND HOW THE MONEY IS BEING SPENT? WHATEVER THAT IS BY A MAJORITY OF THE BOARD IS WHAT WE'LL DO? >> YEAH. >> I THINK THAT IS POTENTIALLY, YOU'VE HAD YOUR EXPERIENCE WITH THIS AND WORKING WITH OTHER COMMUNITIES. I JUST THINK HAVING ANOTHER SET OF EYES LOOK AT IT, AS WELL AS MAYBE THERE'S SOME GUIDANCE TO GIVE US ON THESE POLICIES, THESE BYLAWS, ALL THESE THINGS TO MAKE SURE THAT EVERYBODY'S CLEAR ON HOW WE'RE OPERATING ON BOARD. >> I WOULD PROPOSE THEN OUR BOARD, OUR EDC BOARD, WOULD REACH OUT TO THEIR ATTORNEY AND SEE IF THEY WOULD LIKE TO HAVE AN ATTORNEY OR THEIR ATTORNEY COLLABORATE WITH MR. HYDE. I BELIEVE THAT WE'RE ALL TRYING TO MOVE QUICKLY IN ORDER TO GET YOU WHERE YOU NEED TO BE SOONER RATHER THAN LATER. BUT WE WANT TO MOVE AT THE SPEED THAT YOU MOVE AT. MR. CARTER, I THINK YOU COME UP AND ADDRESS THAT. IF YOU HAVE SOMETHING TO LEND TO IT, WE WANT TO MAKE SURE WE'RE WORKING WITH YOU. >> PRESENTLY, WE DON'T HAVE AN ATTORNEY OTHER THAN JOHN ATKINS. LAST COUNCIL MEETING, WE WERE INSTRUCTED NOT TO ENGAGE WITH THE ATTORNEY, SO WE DID NOT ENGAGE WITH MR. MOORE. I VISITED WITH HIM. WE'VE GOT NO EXPENSE THERE BECAUSE WE DID NOT GET AN ENGAGEMENT LETTER. THAT WOULD BE JOHN ATKINS, OUR PRESENT ATTORNEY, THAT WOULD BE IF YOU WANT US TO ENGAGE WITH HIM AND MR. HYDE. >> DO YOU HAVE A PREFERENCE TO WORK ALONG WITH MR. MOORE VERSUS MR. ATKINS? BECAUSE IF YOU'RE OKAY WITH MR. ATKINS, IT GOES MORE IN LINE WITH THE BUDGET THAT IS CURRENT, AND SO YOU WOULD THEN HAVE ATKINS, HYDE WORKING ALONG WITH STAFF. MR. PATH COULD EITHER ASSIGN IT OR HE COULD HANDLE IT. YOU GUYS WOULD BE ABLE TO COLLABORATE ON WHAT DOES THIS LOOK LIKE IN THIS LINE ITEM BUDGET, FILL IN A LOT OF THE BLANKS. THEN WHEN MR. HYDE BRINGS THIS BACK, IF WE HAVE SOMETHING THAT EVERYBODY CAN PRESENT COMMENT ON AND WE ALL AGREE, THEN I THINK IT'S A VOTABLE ITEM. WE PROBABLY WOULD PUT IT ON FOR AN ACTION, BUT THEN ALWAYS BE WILLING TO PULL IT OFF IF FOR SOME REASON, WE'RE STILL NOT THERE YET. WE HAVE A CONFLICT, MAYBE FROM LAWYER TO LAWYER, OR WE HAVE AN ISSUE WITH BOARD TO COUNCIL IN THE WAY THIS IS GOING TO WORK. I APPRECIATE THAT, MR. CARTER. >> THANK YOU. I JUST WANTED TO POINT THAT WE HAD NOT ENGAGED WITH MR. MOORE. >> WELL, I DON'T THINK THAT WE FORMALIZED THAT POINT, [02:45:01] SO WE APPRECIATE YOU GUYS HOLDING OFF AND MAKING SURE THAT WE'RE ALL GOING AT THE SAME PACE AND IN THE SAME DIRECTION. I THINK IF WHAT WE'RE SAYING, COUNCIL, UNLESS ANYBODY WANTS TO LEND TO THIS CONVERSATION, WE'RE DIRECTING MR. HYDE TO COMPLETE THESE ARTICLES, BUT IN COLLABORATION WITH THE EDC'S ATTORNEY, AS WELL AS THE BOARD AND STAFF FROM THE CITY COUNCIL, BRING IT BACK IN REALLY BE THREE WEEKS. WE HAVE ALMOST THREE WEEKS TO GET TO THAT NEXT MEETING, AND IF IT'S READY AS AN ACTION ITEM, WE'LL TAKE IT IF IT'S NOT, THEN WE'LL CONDUCT A MEETING AND MAKE SURE THAT WE MAKE IT AS STRONG AS WE CAN, AND THEN WE'LL MOVE FORWARD FOLLOWING MEETING. >> WITH THAT, WE'RE PROBABLY GOING TO NEED A BUDGET AMENDMENT TO PAY FOR THOSE LEGAL FEES WITH JOHN BECAUSE I DON'T KNOW HOW MUCH LEEWAY WE'VE GOT IN THAT PROFESSIONAL SERVICES. >> WE WILL GLADLY GET THAT APPROVED. >> WHEN WE TALK ABOUT MR. HYDE COLLABORATING WITH EDC, IS THAT GOING TO BE WHERE ALL THE BOARD MEMBERS HAVE A CHANCE TO HEAR THIS PRESENTATION, ASK QUESTIONS TO YOU IN PUBLIC, OR HOW IS THAT GOING TO WORK? >> I'M OPEN TO WHATEVER THEY WANT. UNDERSTANDING IS REALLY THE BIGGEST POINT ABOUT THIS, IS UNDERSTANDING WHAT THEIR OBLIGATIONS ARE AND DEVELOPING A PROCESS OVER THERE SO THAT EVERYBODY'S ON THE SAME PAGE. I HAVE NO PROBLEM WITH WORKING WITH LAWYERS OF THE UNDERWOOD LAW FIRM. I KNOW SOME OF THOSE LAWYERS OVER THERE IN PASSING THROUGH DOING THIS WORK, AND SO I WOULD PROBABLY TALK TO THEIR LAWYER FIRST AND SAY, "HOW YOU WANT TO DO THIS? THEY COULD TELL THEIR LAWYER WHAT THEY WANTED TO DO, AND THEN WE'LL HAVE THAT PLANNED AND CARRY IT OUT. >> WHEN IS THE NEXT EDC MEETING? DO YOU HAVE YOUR NEXT BOARD MEETING SCHEDULED? >> [INAUDIBLE] >> COULD YOU ALL CALL SPECIAL MEETING? >> [INAUDIBLE]. >> THANK YOU. APPRECIATE THAT, KEVIN. >> WE PROBABLY NEED A LITTLE BIT OF TIME TO JUST GET THE PROCESS PUT TOGETHER, AND THEN WE'D BE READY TO GO. >> I JUST THINK IT'D BE THE EDUCATIONAL PART, AS WELL AS ALLOWING BOARD MEMBERS TO ASK QUESTIONS AND GET MORE INFORMATION AS WELL. >> IF THEY WANT TO FILTER THOSE THROUGH THEIR ATTORNEY OR IF THEY WANT TO SEND THEM TO ME DIRECTLY, EITHER WAY, I'LL BE HAPPY TO PROVIDE THEM WHATEVER ANSWERS THEY'RE LOOKING FOR. >> UNLESS COUNCIL HAS ANYTHING FURTHER, MR. HYDE, PLEASE WORK WITH THE EDC BOARD AND THEIR STAFF AND THEIR ATTORNEY TO BRING THIS BACK TO US AS SOON AS YOU CAN. >> AND THE CITY. >> AND THE CITY. MR. PATH, ARE YOU COMFORTABLE? >> YEAH. REAL QUICK CLARIFICATION. I WILL BE LOOKING FOR ANOTHER ATTORNEY TO WORK WITH THIS, SO WE WILL USE AN EC'S ATTORNEY. I THINK WITH THIS MYSELF AND I'LL PROBABLY RECRUIT TO ANDREW FREEMAN, I MAY EVEN TAP INTO BRIAN A LITTLE BIT ON THE CITY SIDE. >> BRING THE TEAM THAT YOU NEED AND THEN THE BALL IS IN YOUR HANDS. YOU SEND IT OUT, REACH OUT TO STAFF FOR ALL CONTACTS, AND THEN IF YOU'LL USE THE HYDE KELLY FIRM TO FACILITATE EVERYTHING, WE'LL PUT YOU IN THE LEAD ON IT. >> GREAT. THANK YOU. >> THANK YOU FOR BEING HERE. GOOD DISCUSSION ON 8D. 8E, UPDATES FROM COUNCIL MEMBERS SERVING ON OUTSIDE BOARDS, [8.E. Updates from Councilmembers serving on outside boards and commissions i. Beautification and Public Arts Advisory Board ii. Parks and Recreation Advisory Board iii. Metropolitan Planning Organization Policy Committee iv. Amarillo Local Government Corporation v. Convention and Visitors Bureau] PUBLIC ARTS ADVISORY BOARD [INAUDIBLE] COUNCILMAN CRAFT. >> THIS ONE WILL PROBABLY TAKE ABOUT 10 MINUTES. I'M ACTUALLY GOING TO TURN OVER TO MR. KASHUBA. HE HAS A PRESENTATION FOR US TODAY. >> COME ON UP. >> [OVERLAPPING] MAYOR COUNCIL MICHAEL KASHUBA, DIRECTOR OF PARKS AND REC. WE ACTUALLY PUT TOGETHER JUST A QUICK VIDEO THAT WALKS THROUGH A LOT OF THE CAPITAL PROJECTS AND SOME OF THE THINGS WE'VE DONE OVER THE LAST YEAR PLUS. [MUSIC] >> MY NAME IS MICHAEL KASHUBA. I AM THE DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF AMARILLO. [MUSIC] >> ONE OF THE THINGS THAT WE'VE BEEN CHALLENGED WITH OVER THE LAST FEW YEARS HAS BEEN JUST LACK OF CAPITAL FUNDING. WHEN I JOINED THE DEPARTMENT IN 2018, OUR CAPITAL FUNDING WAS ABOUT $100,000 A YEAR, WHICH REALLY ISN'T EVEN ENOUGH TO REPLACE A PLAYGROUND. THE PREVIOUS COUNCIL AND THE CURRENT COUNCIL HAVE [02:50:01] CONTINUED TO PROVIDE ANNUAL FUNDING FOR PARKS, AND SO WE'VE BEEN ABLE TO START MAKING SOME OF THOSE STRATEGIC IMPROVEMENTS TO NOT ONLY OUR EXISTING INFRASTRUCTURE, BUT ALSO START TO MAKE SOME IMPROVEMENTS IN ADDING NEW INFRASTRUCTURE. WE'RE VERY THANKFUL FOR THAT PARTNERSHIP WITH THE CITY COUNCIL, BOTH THE PREVIOUS ONE AND THE CURRENT ONE AND JUST LOOK FORWARD TO SEE WHAT WE COULD DO TO CONTINUE TO MAKE AMARILLO A BETTER PLACE TO LIVE, WORK, AND PLAY. [MUSIC] >> WE HAVE BEEN ABLE TO ACCOMPLISH A LOT. OUR STAFF IS VERY DYNAMIC AND EXTREMELY TALENTED. WHETHER IT'S CAPITAL PROJECTS, WHETHER IT'S PROGRAMS, WHETHER IT'S ACTIVITIES, WE'VE BEEN ABLE TO DO A LOT. WE RECENTLY FINISHED OUR NINTH STREET TRAIL PARKING LOT, THAT WAS A PROJECT THAT WAS PARTIALLY FUNDED BY A GRANT FROM TEXAS PARKS & WILDLIFE. IT WILL ALLOW PEOPLE TO ACCESS THE NINTH STREET MOUNTAIN BIKE TRAILS RIGHT THERE OFF OF NINTH AND WALLACE. THAT PROVIDED A PARKING LOT, BUT ALSO ADDRESSED SOME OF THE SAFETY CONCERNS THAT WERE HAPPENING WHERE PEOPLE WERE PARKING ON SIDEWALKS, THEY WERE PARKING IN UNSAFE PLACES, SO THAT PARKING LOT WILL BE A HUGE BENEFIT FOR OUR COMMUNITY. WE'VE RESURFACED THE TENNIS COURTS AT NATIONAL TENNIS CENTER. WE'VE ALSO REDONE THE COURTS AT MEMORIAL PARK. WE'VE ADDED PARK LIGHTING AT MEDICAL CENTER AT SAN HOUSTON AND SAN JACINTO, SO THAT REALLY PROVIDES QUALITY OF LIFE IN THE EVENINGS, BUT ALSO SAFETY AND SECURITY THAT ALLOWS PEOPLE TO USE THOSE FACILITIES WELL BEYOND [INAUDIBLE] GET IT ON. WE'VE ALSO STARTED TO MAKE A LOT OF CONCRETE REPAIRS. TYPICALLY, YOU DON'T THINK OF CONCRETE REPAIRS AS SOMETHING IMPORTANT, BUT WE'VE GOT A LOT OF INDIVIDUALS WHO USE THOSE PARKS AND WE WANT TO MAKE SURE IT'S SAFE WHERE WE'RE REDUCING THOSE TRIP-AND-FALL HAZARDS, OR JUST MAKING IT A BETTER ENVIRONMENT FOR PEOPLE TO WALK. THAT'S SOMETHING THAT A LOT OF AMARILLO REALLY LIKE TO DO IS USE THE PARKS FOR WALKING. AS YOU GO TO OUR REGIONAL PARKS, YOU PROBABLY SEE BIGGER, MORE SUBSTANTIAL IMPROVEMENTS AS YOU GO TO PLACES LIKE JOHN STIFF, YOU CAN SEE THE NEW FENCING THAT WE PUT OUT. WHAT IT ADVISES US TO DO IS MONITOR THOSE FIELDS, BUT ALSO IMPROVE THE QUALITY OF THOSE ATHLETIC FIELDS. ONE OF THE COMPLAINTS ABOUT OUR ATHLETIC FIELDS HAVE ALWAYS BEEN THAT THE TURF IS NOT MAINTAINED WELL. OVER THE LAST YEAR, YOU CAN GO UP TO RICK KLEIN, YOU CAN GROW UP TO JOHN STIFF WHERE WE FENCED THOSE AREAS, AND YOU CAN SEE DRAMATIC IMPROVEMENT IN THOSE FACILITIES, AND THAT'S SOMETHING WE LOOK TO CONTINUE AS WE MOVE FORWARD. A LOT OF OUR USER GROUPS HAVE EXPRESSED A LOT OF EXCITEMENT FOR WHAT THE FUTURE OF THOSE FACILITIES HOLDS. ONE OF THE OTHER THINGS THAT WE'VE BEEN ABLE TO DO IS STRATEGICALLY PLACE SECURITY CAMERAS. WE'VE HAD A LOT OF VANDALISM OVER THE LAST FEW YEARS, AND SO THE WAY WE'VE BEEN ABLE TO COMBAT THAT IS WE PUT IN SOME SECURITY CAMERAS. WE'VE ADDED WHEEL STOPS AND SOME OF THE PARKING LOTS TO REDUCE SOME OF THE DAMAGE IN THERE. [MUSIC] >> WE'VE ADDED SOME GATES STRATEGICALLY IN THE PARKS SO THAT IF A PARK IS SEASONAL AND IT'S NOT BEING USED ANYMORE, WE CAN CLOSE THAT FACILITY, REALLY REDUCE THE DAMAGE AND VANDALISM. [MUSIC] >> THOSE ARE SOME THINGS THAT WE'VE DONE TO TRY TO CURB AND REDRESS SOME OF THE VANDALISM ISSUES THAT WE'VE SEEN THROUGHOUT THE PARKS. WE'VE MADE ATHLETIC LIGHTING IMPROVEMENTS AT A LOT OF DIFFERENT FACILITIES, PLACES LIKE JOHN STIFF, THOMPSON, RIVER ROAD, EL ALAMO, RICK KLEIN, BOTH THE SOCCER FIELD AND THE BASEBALL FIELD, SOUTHEAST SOFTBALL COMPLEX, THE TENNIS CENTER, AND ALSO THE MARTIN ROAD COMPLEX, SO PRETTY MUCH EVERY ONE OF OUR LARGE MAJOR ATHLETIC FACILITIES RECEIVED LIGHTING IMPROVEMENTS OVER THE LAST COUPLE OF YEARS. WELL, I THINK IT'S IMPORTANT BECAUSE IT ADDS TO QUALITY OF LIFE, BUT IT ALSO PROVIDES OPPORTUNITIES FOR US TO HOST TOURNAMENTS, BRING INDIVIDUALS INTO TOWN INSTEAD OF OUR CITIZENS HAVING TO GO AND TRAVEL FOR DIFFERENT SPORTS ACTIVITIES. IT MAKES IT SAFER FOR THOSE THAT ARE USING THOSE FACILITIES, BUT THEN IT ALSO PROVIDES AN ECONOMIC GENERATOR. [MUSIC] >> ONE OF THE THINGS THAT WE'VE BEEN DOING AS A DEPARTMENT IS TRYING TO FIGURE OUT HOW TO CONTINUE TO BE GOOD STEWARDS, WHETHER THAT'S FINANCIAL RESOURCES OR WHETHER THOSE OUR HUMAN RESOURCES, BEING ABLE TO USE STAFF HOURS THAT WE HAVE. ONE OF THE THINGS WE'VE RECENTLY DONE IS ACTUALLY INTEGRATED SOME AUTONOMOUS MOWERS INTO THE PROCESS. THOSE MOWERS CAN GO OUT, THEY CAN MOW 247. THEY ALLOW US TO MOW IN THE EVENINGS WHEN PEOPLE ARE SLEEPING. WHAT IT DOES IS IT CONTINUES TO IMPROVE THAT TURF QUALITY. ONE OF THE OTHER THINGS THAT WE'VE ADDED TO OUR ARSENAL OF TOOLS IS A ROBOT THAT ACTUALLY STRIPES FIELDS AS WELL. WE CAN MOW THE FIELDS, AND WE CAN ALSO STRIPE THE FIELDS USING SOME DIFFERENT ROBOTS AND SOME NEW TECHNOLOGIES THAT ARE COMING OUT. WE HAVE RECEIVED A LOT OF COMPLIMENTS. A LOT OF PEOPLE HAVE SEEN A SIGNIFICANT IMPROVEMENT IN THOSE FACILITIES. WE THINK THAT THOSE FIELDS HAVE COME A LONG WAY, AND WE'RE EXCITED IF TO CONTINUE THAT GROWTH. ONE OF THE THINGS THAT WE'VE HEARD LOUD AND CLEAR WAS THAT SOME OF OUR DOG PARKS NEEDED SOME IMPROVEMENTS. WE STARTED WITH JOHN STIFF AT THE DOG PARK THERE AND REALLY TRIED TO IMPROVE THE OVERALL FACILITY. ONE OF THE THINGS THAT YOU'LL SEE THERE IS WE [02:55:02] ACTUALLY DIVIDED IT INTO TWO DIFFERENT AREAS. PART OF THE REASON WE DID THAT IS TO BE ABLE TO PROVIDE LONG-TERM MAINTENANCE OF THAT FACILITY, SO WE CAN CLOSE ONE AREA AND OPEN UP THE OTHER AREA SO THAT AS AN AREA GETS WORN DOWN, WE CAN ROTATE IT SO THAT WE KEEP THAT FACILITY IN MUCH BETTER CONDITION. THERE'S DRINKING FOUNTAIN, NEW DRINKING FOUNTAINS FOR THE PETS ON BOTH SIDES. WE'VE ADDED SOLAR LIGHTING, WE'VE IMPROVED THE TURF QUALITY, SO WE THINK IT'S A GREAT PLACE TO TAKE YOUR DOGS OR YOUR FUR BABIES. [MUSIC] >> ONE OF THE THINGS WE'RE MOST PROUD OF IS SOME OF THE IMPROVEMENTS IN OUR PROGRAMING, WHETHER IT'S A [INAUDIBLE] OR FIFTH OF JULY EVENT. AS A DEPARTMENT, WE CONTINUE TO LOOK AT WAYS TO SERVE OUR COMMUNITY BETTER THROUGH THE PROGRAMS WE OFFER AND JUST THE DIFFERENT SPECIAL EVENTS. ONE OF THE OTHER THINGS WE'RE REALLY EXCITED ABOUT ARE A LOT OF THESE PARTNERSHIPS THAT ARE STARTING TO FORM. WE'VE WORKED VERY CLOSELY WITH OUTDOOR AMARILLO, AND THAT'S SOMETHING THAT WE THINK WILL BE A GREAT BENEFIT TO OUR COMMUNITY OVER THE LONG HAUL, WHERE WE CAN LOOK AT WAYS TO IMPROVE OUR PARKS, WHETHER IT'S THROUGH TAX-FUNDED, OR WHETHER IT'S THROUGH PHILANTHROPIC DOLLARS. WE WANT TO MAKE SURE THAT WE'RE CONTINUING TO BE GOOD STEWARDS, FINDING PARTNERSHIPS WHERE WE CAN LEVERAGE AND STRETCH THOSE CITY DOLLARS AS BEST WE CAN. WE CONTINUE TO ADD NEW USERS TO CITY FACILITIES. GROUPS THAT HAVE HISTORICALLY NOT USED OUR ATHLETIC FIELDS OR OUR PARKS ARE STARTING TO USE THEM BECAUSE AGAIN, THE QUALITY OF THOSE FIELDS IS GETTING TO THE POINT WHERE NOW WE'VE GOT USER GROUPS ASKING TO USE THOSE FACILITIES. GROUPS LIKE TTISL, SAN JACINTO, BUT WE'VE ALSO GOT OUR CONSISTED PARTNERS AND OUR OLDER PARTNERS OF TEXAS PANHANDLE YOUTHS SPORTS FOUNDATION, ASA, KIDSAID, A LOT OF GREAT PARTNERS CONTINUE TO PROVIDE GREAT PROGRAMMING FOR OUR COMMUNITY. OBVIOUSLY, WE'VE GOT GROUPS LIKE THE HOODOO MURAL FESTIVAL THAT ARE PUTTING UP A LOT OF MURALS THROUGHOUT TOWN, BUT THE CITY ALSO HAS BEEN FACILITATING A MURAL GRANT PROGRAM. OVER THE LIFESPAN OF THAT PROGRAM, WE'VE SEEN 26 DIFFERENT MURALS GO UP. THIS PAST YEAR, WE ACTUALLY HAD SIX GO UP, ONE AT THE DISCOVERY CENTER, ONE AT BLUE CRANE BAKERY, ONE AT CACTUS COVE, ONE AT SCOTT'S FLOWERS, ONE AT HABITAT FOR HUMANITY, AND ONE AT STATE FARM AGENT RHONDA KIM'S PLACE. WE'RE EXCITED TO SEE THOSE POPPING UP ALL OVER TOWN. ONE OF THE GOALS IS TO REALLY DECENTRALIZE THAT. WE WANT TO TRY TO PUT MURALS IN DIFFERENT QUADRANTS OF TOWN WHERE IT'S NOT JUST ALL IN ONE LOCATION. WE THINK THAT THOSE MURALS HAVE ADDED A LOT OF VALUE TO OUR COMMUNITY, BUT ALSO SOME BEAUTY AS PEOPLE ARE DRIVING THROUGH OR VISITING DIFFERENT LOCATIONS IN TOWN. [MUSIC] >> THERE'S A LOT OF PROJECTS THAT ARE IN MOTION. WE'RE LOOKING AT AN INCLUSIVE PLAYGROUND FOR THOMPSON. RIGHT NOW WE HAVE ONE AT MEDICAL CENTER PARK, BUT WE'RE LOOKING AT ADDING ANOTHER ONE OUT AT THOMPSON AND THAT'S IN PARTNERSHIP WITH COMMUNITY DEVELOPMENT. WE'RE MAKING SOME PARKING IMPROVEMENTS AND LOOKING AT HOW WE CAN CONTINUE TO IMPROVE PARKING BECAUSE WE KNOW THAT THE PARKING SCENARIOS HAVE CHANGED A LOT SINCE A LOT OF THESE FACILITIES WERE FIRST BUILT IN THE '60S AND '70S. ONE OF THE THINGS THAT WE'RE REALLY EXCITED ABOUT ARE SOME IMPROVEMENTS THAT ARE COMING TO THE ZOO. WE'VE ADDED A LOT OF NEW ANIMALS OVER THE LAST COUPLE OF YEARS, BUT ONE OF THE THINGS THAT WE REALLY THINK IS IMPORTANT IS TO ADD SOME NEW FACILITIES UP THERE. WE'RE LOOKING AT RENOVATING THE MIDDLE OF THE ZOO AND PUTTING IN A NEW HEADING ZOO. THAT'S SOMETHING THAT WE'RE WORKING ON THIS WINTER AND HOPEFULLY WE'LL BE READY FOR NEXT SPRING. BUT WE'RE REALLY EXCITED ABOUT THE FUTURE OF THE DEPARTMENT, AND WE'RE EXCITED ABOUT THE OPPORTUNITY TO BE BETTER STEWARDS OF CITIZENS' AND TAXPAYERS' DOLLARS. IT'S IMPORTANT WHAT PARKS DO. WE ADD A QUALITY OF LIFE THAT IS DIFFERENT THAN WHAT OTHER DEPARTMENTS HAVE OR OTHER ORGANIZATIONS HAVE. WE'RE EXCITED TO CONTINUE TO BE GOOD STEWARDS OF THOSE DOLLARS AND SERVE OUR COMMUNITY WELL. I THINK IT'LL BE EXCITING TO SEE SOME OF THE NEW PROGRAMS AND NEW IMPROVEMENTS THAT ARE COMING TO OUR PARK NETWORKS. STAY TUNED FOR MORE. [MUSIC] >> THAT'S IT. KEEP UP THE GOOD WORK, KASHUBA. I APPRECIATE EVERYTHING YOU AND YOUR STAFF DOES, AND IT'S A FUN TIME SERVING ON THAT BOARD AND GETTING TO SEE ALL THE PROJECTS THAT YOU SEE YOU APPROVE AT COUNCIL LEVEL, BUT YOU FORGET ABOUT THAT TIME, SO I THINK IT WAS A GOOD REFRESHER TO SEE SOME OF THESE THINGS THAT TAKE PLACE. THANK YOU, MICHAEL. >> GOOD JOB. COUNCILMAN CRAFT DID A GREAT JOB, RUNNING THE VIDEO ON THAT AND EDITING ALL THE AUDIO. TEAMWORK. THAT DOES I AND 2I. MOVING ON TO OUR THIRD ONE, THE MPO, WE'RE GOING TO HAND THAT ONE OVER TO COUNCILMAN SCHERLEN. >> I GOT A SHORT REPORT HERE IS FROM OCTOBER 17 MEETING. WE ADOPTED 2025-2050 METROPOLITAN TRANSPORTATION PLAN, WHICH IS A LONG-RANGE PLAN. ITEM NUMBER 2, WE ADOPTED A PROJECT LISTING THE PRIORITIES, THE CATEGORIES 2, 04, AND 12 FUNDS. ADOPTED A REVISION TO THE 2025/2028 TRANSPORTATION IMPROVEMENT PROGRAM, [03:00:01] THAT'S OUR SHORT RANGE PLAN. ADOPTED A 2025-2035, 10-YEAR PLAN. WE ADOPTED FOR YEAR '22, ANNUAL LISTING OF OBLIGATED PROJECTS, AND THEN THE COMMITTEE PASSED A RESOLUTION TO SUPPORT A SEGMENT OF US 87 AND A PORTION OF LOOP 335 BEING ADDED TO THE STRATEGIC HIGHWAY NETWORK. WE RECEIVED UPDATE FROM TEXT DOC ON PROJECTS UNDER CONSTRUCTION, AND LASTLY, SCHEDULED A SPECIAL MEET FOR ADOPTION OF A CONGESTION MANAGEMENT PROCESS. THAT'S PRETTY MUCH THE REPORT. >> GOOD JOB, SIR. THANK YOU, COUNCILMAN SCHERLEN. COUNCIL, ANY QUESTIONS ON ANYTHING THAT THE MPO UPDATE BROUGHT TO YOU? >> NO, SIR. >> I'M UP ON NUMBER FOUR, LOCAL GOVERNMENT CORPORATION. WE HAVE NOT MET THE LAST TWO TIMES. JUST DIDN'T HAVE MUCH BUSINESS TO DISCUSS. WHAT HAS HAPPENED THOUGH IS WE'VE SOLD THAT RETAIL BUILDING OVER THERE, WE'VE KEPT THE PARKING GARAGE. WE'VE UPDATED OUR PARKING SPACES. WE CONNECTED WITH SOME ADDITIONAL AGREEMENTS. >> WE ARE LOOKING FINE FINANCIALLY OVER THERE. LONG TERM, WE MAY STILL HAVE TO HAVE SOME ADDITIONAL RATE INCREASES TO MAKE IT WORK, DEPENDING ON WHAT ELSE HAPPENS, BUT FOR HERE AND PROBABLY NEXT YEAR, WE LOOK PRETTY SOLID. WE'VE PAID DOWN SOME DEBT WITH SELLING THAT BUILDING. THEN WE'VE SOLD THAT RETAIL SPACE, AND SO THE DEVELOPER AND THE OWNER OF THAT HAS A NEW RESTAURANT IN THERE CALLED SPICE AND SAGA. I HAVEN'T MADE IT THERE YET, BUT I WILL SOON. IF YOU LIKE GOOD INDIAN FOOD, PLEASE GO THERE. THEN I THINK THAT THEY ARE DOING A GOOD JOB OF MARKETING, AND I KNOW THEY HAVE A LOT OF INTEREST. WE'RE JUST GOING TO CONTINUE TO LET THEM DO WHAT GOOD BUILDERS AROUND TOWN DO AND LET THEM GROW THAT. THEN WE'LL CONTINUE TO DO WHAT WE DO AND BE A GOOD LANDLORD TO THEM. THAT IN A NUTSHELL IS WHERE WE'VE BEEN ON THE LGC, AND THEN WE EXPECT TO DO MORE THIS NEXT YEAR. >> ANY QUESTIONS ON THAT GUY? COUNCILMAN SHERLYN, IT IS YOU OR ARE YOU HANDING THIS OVER TO MS. [INAUDIBLE]? >> I'M HANDING THIS OVER TO MS. [INAUDIBLE] >> CVB. >> I WOULD HAVE HANDED OVER THE OTHER ONE TO TRAVIS, BUT HE TOLD ME HE WAS ELSEWHERE. [LAUGHTER] >> WELL, I'M HERE. WE HAVE MET THREE TIMES SINCE OUR LAST UPDATE. JULY, AUGUST, AND SEPTEMBER. THE BOARD HAS HAD SOME PRETTY FOCUSED WORK THAT THEY'VE DONE. JULY WAS ACTUALLY A HALF-DAY BOARD RETREAT, WHERE THEY REALLY WORKED ON BIG VISION IN PREPARATION FOR LONG-TERM PLANNING, WHICH YOU'LL HEAR MORE ABOUT MOVING THROUGH THIS FISCAL YEAR. BUT REALLY GETTING THAT BIG VISION, BIG LEADERSHIP MENTALITY, GETTING ON THE SAME PAGE. I BELIEVE TOM ENJOYED SOME OF THE EXERCISES, BUT REALLY TALKING ABOUT WHERE WE WANT TO SEE THE CVB AND HOW WE GET THERE, SO WE CAN PUT A ROADMAP OUT FOR THAT. AUGUST, OF COURSE, WAS BUDGET-FOCUSED, AND THAT REALLY WAS THE MEAT OF THE MEETING. THEN SEPTEMBER, WAS EXECUTIVE SESSION WHERE THE BOARD WENT IN AND DISCUSSED STAFF SALARIES AND DID MY EVALUATION, AND THEN OF COURSE THE REGULAR SPONSORSHIP THAT WE BROUGHT BACK TO YOU GUYS LAST MEETING. THAT'S ALL I'VE GOT. >> [OVERLAPPING] THANK YOU, MA'AM. ANY FUTURE REQUESTED AGENDA ITEMS FROM COUNCIL, ITEM 8F? >> NO, SIR. >> NO, SIR. >> THAT IS FINALLY OUR COMPLETION OF OUR DISCUSSION ITEMS. MOVING ON TO CONSENT. [9. Consent Items] DO I HAVE ANYTHING THAT NEEDS TO BE PULLED OFF FOR FURTHER DISCUSSION ON THE CONSENT AGENDA? WOULD I ASK FOR A MOTION? >> I MOVE TO APPROVE THE CONSENT AGENDA AS STATED. >> SECOND. >> HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY, AYE. >> [OVERLAPPING] AYE. >> ANY OPPOSED? MOTION PASSES. ONTO NON CONSENT. [10.A. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 8167] ITEM 10A IS A PUBLIC HEARING, AND I BELIEVE WE HAVE MR. KENDRICK, COMING UP HERE FOR US. AFTERNOON, SIR. >> GOOD AFTERNOON. GOOD AFTERNOON, MAYOR AND COUNCIL. THIS IS A PUBLIC HEARING IN CONSIDERATION OF ORDINANCE 8167. IT'S A PUBLIC HEARING, AND FIRST READING TO CONSIDER AN ORDINANCE REZONING 203.73 ACRES OF LAND. [03:05:01] THAT IS IN THE VICINITY OF SOUTHWEST 45TH AVENUE AND SONCY ROAD. THEY ARE PROPOSING TO REZONE FROM AGRICULTURAL DISTRICT TO MULTI-FAMILY DISTRICT 1, AND THE APPLICANT IS WILL STEVENS, FOR AG ADVERY TESTAMENTARY TRUST. THIS IS A PROPERTY THAT WAS THE MOST RECENTLY ONE ANNEXED INTO THE CITY. THEY ARE PROPOSING A SERIES OF APARTMENT COMPLEXES FOR THIS PROPERTY. NOW THAT THE PROPERTY IS ANNEXED, THEY'RE STARTING TO MOVE INTO SOME OF THE DEVELOPMENT PHASES ON THIS PROPERTY. THEY HAVE AN ACTIVE PRELIMINARY PLAN INTO THE CITY NOW THAT'S UNDER REVIEW, AND THIS IS A STEP THAT HAS TO OCCUR BEFORE THEY CAN MOVE MUCH FURTHER. THE PLANNING AND ZONING COMMISSION FOUND THAT THIS IS A LOGICAL ZONING DISTRICT TO ESTABLISH IN THIS AREA GIVEN THAT IT'S ON THE PERIPHERY OF THE SONCY ROAD CORRIDOR, AND WOULD BE A RECOMMENDED TRANSITION AND ZONING. GIVEN THAT THIS WAS RECENTLY ANNEXED, IT DOES NOT HAVE AN ASSIGNED CITY PLAN PLACE TYPE, SO THAT WILL BE ASSIGNED IN THE FUTURE DURING ONE OF OUR BI-ANNUAL REVIEWS OF THE COMPREHENSIVE PLAN. REGARDING PUBLIC OUTREACH, WE DID RECEIVE ONE COMMENT AT OUR PLANNING AND ZONING COMMISSION MEETING. THEY ARE JUST SIMPLY HAD QUESTIONS ABOUT DRAINAGE AND ROADS FOR THIS DEVELOPMENT. ONCE THOSE QUESTIONS WERE ANSWERED, THEY DID NOT EXPRESS ANY OPPOSITION AND DID NOT HAVE ANY FURTHER QUESTIONS. WITH ALL OF THAT, THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS REZONING REQUEST WITH A 7-0 VOTE, AT THEIR OCTOBER 7TH MEETING. >> VERY GOOD. MR. KENDRICK, ANY QUESTIONS FOR BRADY? GENTLEMEN. >> I THINK THIS IS THE PROJECT THAT THEY CAME TO US ONCE BEFORE, AND TALKED ABOUT THE MULTIFAMILY IS WHAT THEIR PLAN IS. >> THAT IS CORRECT. >> COUNCILMAN KRAFT? >> GOT EVERYTHING. >> THANK YOU, MR. KENDRICK. AT THIS TIME, I'LL OPEN A PUBLIC HEARING. DO I HAVE ANYONE HERE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 10A? DID I SEE A HAND? PLEASE COME FORWARD. OUR PUBLIC HEARING IS STILL OPEN. >> HI, I'M TYLER APPLE, WITH AMD ENGINEERING. JUST REALLY DID A GOOD JOB PRESENTING THIS CASE, BUT I'M HERE TO ANSWER ANY QUESTIONS IF YOU HAVE ANY. >> THANK YOU FOR BEING HERE. COUNCIL, DO YOU ALL HAVE ANY FURTHER QUESTIONS? I KNOW WE MIGHT HAVE HAD A FEW ORIGINALLY, AND I THINK WE'VE GOT THEM SOLVED, BUT WE APPRECIATE YOU COMING DOWN. ANYTHING FURTHER? >> NO, SIR. >> THANK YOU. >> THANK YOU, MA'AM. DO I HAVE ANYONE ELSE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? >> JUST ONE QUESTION. WHAT EXACTLY IS THIS? >> BEHIND ACADEMY. >> [INAUDIBLE] >> BEHIND THE ACADEMY. >> IT'S DIRECTLY TO THE WEST OF ACADEMY? [BACKGROUND] NO. THAT'S ON THE OTHER SIDE. GOOD QUESTION THOUGH. >> THANK YOU. >> WE'RE GOING TO OFFICIALLY CLOSE THE PUBLIC HEARING NOW, AND WOULD ASK FOR A MOTION. >> I MOVE TO ADOPT ORDINANCE NUMBER 8167. >> SECOND. >> I HAVE A MOTION AND A SECOND FROM PLACE 3. ALL IN FAVOR PLEASE SAY AYE. >> [OVERLAPPING] AYE. >> ANY OPPOSED? MOTION PASSES. ITEM 10B. IS THIS YOU AGAIN, SIR? [10.B. CONSIDERATION OF RESOLUTION NO. 10-22-24-2] >> YEAH, IT IS. 10B, THIS IS A CONSIDERATION OF RESOLUTION 10-22-24-2. THIS IS THE CONSIDER OF RESOLUTION SET IN THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSED ANNEXATION, AND TO ALSO AUTHORIZE THE CITY MANAGER TO SIGN A PROPOSED AGREED SERVICE PLAN WITH A DEVELOPER ON A PROPOSED ANNEXATION IN THE VICINITY OF WESTERN STREET AND HASTINGS AVENUE, AND THE APPLICANT IS NORTHWESTERN DEVELOPMENT COMPANY, LLC. THIS IS A PROPOSED ANNEXATION OF 253.61 ACRES IN POTTER COUNTY, AT HESTER ROAD IN WESTERN STREET. IF ANNEXED THE DEVELOPER PROPOSES A RESIDENTIAL SUBDIVISION FOR THIS TRACT. PER STATE LAW, THIS ITEM SETS THE PUBLIC HEARING DATE, TIME AND PLACE, AND ALSO AUTHORIZES A CITY MANAGER TO SIGN THE SERVICE PLAN AS THAT HAS TO BE SIGNED PRIOR TO THE PUBLIC HEARING. IF APPROVED TODAY, THIS WOULD SET THE PUBLIC HEARING FOR NOVEMBER 12TH, WHICH IS YOUR NEXT REGULARLY SCHEDULED MEETING AT 3:00 P.M THAT WOULD POTENTIALLY SET A SECOND READING FOR DECEMBER 10TH, IF Y'ALL CHOOSE TO APPROVE IT AT THAT NOVEMBER 12TH MEETING. BEYOND THAT, I DO NOT HAVE ANYTHING ADDITIONAL ON THIS ONE UNLESS YOU HAVE A QUESTIONS FOR ME AT THIS TIME. >> I HAVE ONE. >> YES, SIR. >> BRADY, JUST LOOKING AT THIS SERVICE PLAN, IT TALKS UNDER WATER SERVICE. IS IT NORMAL THE CITY WILL CONSTRUCT WATER LINES CONNECTING FAIRWAY DRIVE TO HASTINGS? [03:10:03] IS THAT PRETTY NORMAL FOR THE CITY TO PROVIDE THAT STUFF ON ANNEXATION? >> ANNEXATIONS, IT VARIES BETWEEN THEM, DEPENDING ON CIRCUMSTANCE. I KNOW ON THIS ONE, I BELIEVE THERE IS A PROJECT THAT IS IN THE WORKS THAT WOULD BE BRINGING A WATER LINE DOWN WELL STREAM. THAT WAS I BELIEVE APPROVED IN THE LAST BUDGET CYCLE. I KNOW THAT VARIES ANNEXATION, THE ANNEXATION NODE, DEPENDING ON THE NEGOTIATIONS. SOMETIMES WE DO BRING UTILITIES IN THE PAST TO SOME ANNEXATIONS, AND OTHER TIMES IT'S ON THE DEVELOPER. I KNOW ON THIS ONE AS PROPOSED PER THE SERVICE PLAN, THEY ARE GOING TO BRING THE SEWER TO THEIR PROPERTY, BUT THEY ARE GOING TO BENEFIT FROM THAT PLANNED AND BUDGETED WATER MAIN EXTENSION. IT'S GOING UP WESTERN AND OVER TO THE VINEYARDS AT HASTINGS AND BROADWAY. >> PERFECT. THANK YOU, SIR. >> NO PROBLEM. >> ANYTHING FURTHER ON THAT, OR IF YOU NEED FLOYD TO WEIGH IN ON, FLOYD, WAS THAT A LOOP? DOES THAT COMPLETE THE LOOP ON THAT WATER LINE? >> YEAH. THAT WATER LINE HAS [NOISE] PURPOSES. THE PRIMARY PURPOSE IS THAT IT LOOPS IN THE NORTHWEST AND PROVIDES ADDITIONAL SERVICE IN THE NORTHWEST. IT ALSO PROVIDES SERVICE FOR THE SUBDIVISION. THEN UNDER THE ROUGH PROPORTIONALITY CONCEPT OF DEVELOPMENT, THEY'RE NOT RESPONSIBLE FOR THAT ENTIRE PIPELINE, REGARDLESS. BUT WITH THE SEWER LINE PARTICIPATION AND THE WATER, THEY MEET A REASONABLE ROUGH PROPORTIONAL COST. >> THANKS, SIR. >> REALLY GOOD. ANYTHING FURTHER, COUNCILMAN KRAFT? >> NO, SIR. >> WOULD ASK FOR A MOTION. >> MOVE TO ADOPT RESOLUTION NUMBER 102224-2. >> SECOND. >> MOTION AND A SECOND. ALL IN FAVOR, PLEASE SAY AYE. >> [OVERLAPPING] AYE. >> ANY OPPOSED? ITEM 10B PASSES. ON TO 10C. [10.C. CONSIDERATION OF RESOLUTION NO. 10-22-24-3] MR. KENDRICK? AGAIN, SIR? >> YES. 10C IS ALSO A RESOLUTION SET IN THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON ADDITIONAL ANNEXATION, AND ALSO AUTHORIZING THE CITY MANAGER TO SIGN THIS SERVICE PLAN. THIS ONE IS LOCATED IN RANDALL COUNTY, TEXAS. IN THE VICINITY OF SOUTHEAST 40TH AVENUE, IN SOUTH MERE STREET. THIS ONE IS A TOTAL OF 25.77 ACRES. THIS ONE WOULD ALSO BE PROPOSED ADDITIONAL SINGLE-FAMILY HOUSING IF APPROVED. THIS ONE WE ARE ALSO SETTING FOR THE SAME TIME FRAME AS THE PREVIOUS ANNEXATION. WE ARE PROPOSING NOVEMBER 12TH, FOR THE PUBLIC HEARING AND FIRST READING AT YOUR NEXT REGULARLY SCHEDULED MEETING. THIS ONE WOULD ALSO HAVE A DECEMBER 10TH SECOND READING, IF IT'S APPROVED AT THE NOVEMBER 12TH MEETING. I'LL TAKE ANY QUESTIONS YOU HAVE ON THIS ONE AS WELL. >> ANYTHING, COUNSEL? WOULD ASK FOR A MOTION ON 10C. >> MOVE TO ADOPT RESOLUTION NUMBER 10-22-24-3. >> SECOND. >> MOTION AND A SECOND FROM THE RIGHT SIDE. ALL IN FAVOR PLEASE SAY AYE. >> [OVERLAPPING] AYE. >> ANY OPPOSED? 5-0 VOTE. ITEM NUMBER 10D, MS. KOHLER, [10.D. CONSIDERATION OF RESOLUTION NO. 10-22-24-4] IS THIS YOU? EMPOWERMENT ZONES. >> GOOD EVENING, MAYOR AND COUNCIL. THIS RESOLUTION 10222-4 IMPLEMENTS DIRECTION THAT YOU PROVIDED AT THE JULY 9TH MEETING, TO OUR EXISTING NEIGHBORHOOD EMPOWERMENT ZONE. THE UPDATES INCLUDE EXPANDING TWO PREVIOUSLY ADOPTED ZONES, NUMBER 2, THE BARRIO, AND NUMBER 4, EAST RIDGE, ADDING ONE NEW ZONE, NUMBER 6, WHICH WE'RE CALLING COMMERCIAL CORRIDORS, AND THEN IT MAKES ONE AMENDMENT TO THE EXISTING PROGRAM POLICY, TO ALLOW TENANTS WITHIN BUILDINGS THAT ARE CERTIFIED AS NEZ PROJECTS TO BE ELIGIBLE FOR THE INCENTIVE PROGRAM. ESSENTIALLY IT CLARIFIES THAT IF THE INVESTMENT THRESHOLD IS MET BY THE PROPERTY OWNER, A TENANT THAT'S LOCATING THERE WOULD BE ELIGIBLE FOR, THE MOST LIKELY INCENTIVE WOULD BE A SALES TAX REBATE. WE THINK THAT COULD HELP RE-TENANT SOME OF THE SHOPPING CENTERS IN THESE AREAS. JUST A REMINDER, THE PROGRAM IS 100% OPTIONAL. THESE BOUNDARIES DON'T CREATE ANY REGULATIONS OR RESTRICTIONS, IT'S COMPLETELY UP TO THE PROPERTY OWNER AND THE AMOUNT THAT THEY INVEST, WHETHER THEY CAN PARTICIPATE. I HAVE THE MAPS. I THOUGHT I CAN JUST GO THROUGH THESE AND POINT OUT THE CHANGES QUICKLY. IN THE BARRIO, WE'RE EXPANDING TO OSAGE, ESSENTIALLY, FOLLOWING COMMERCIAL ZONING. THIS IS NORTH OF I-40, IT'S SHADED IN BLUE. THEN SOUTH OF I-40, WE'RE EXPANDING TO INCLUDE, THERE'S A COMMERCIAL, AND RETAIL ZONING AREA AROUND THE INTERSECTION OF ROSS OSAGE AND SOUTHEAST 27TH. IN EAST RIDGE, WE'RE EXPANDING TO INCLUDE RETAIL AND COMMERCIAL ZONING ALL ALONG GRAND AVENUE, [03:15:04] INCLUDING THE INTERSECTIONS AT NORTHEAST 24TH AND AMARILLO BOULEVARD. THEN IT ALSO INCLUDES SOME OF THE COMMERCIALLY ZONED AREA ALONG THE FRITCH HIGHWAY AND NORTHEAST 24TH, THAT ARE ADJACENT TO THE PLAN AREA. THEN NUMBER 6, THIS IS A NEW ZONE THAT'S INTENDED TO HELP THE OLDER COMMERCIAL CORRIDORS THAT ARE LOCATED NEAR DOWNTOWN SAN JACINTO, AND THE BARRIO. IT ALSO INCLUDES AN AREA ALONG OLSON AND PARAMOUNT BOULEVARD. IT'S ONE ZONE AND IT'S NOT CONTIGUOUS, SO WE'RE HOPING THAT THIS ISN'T CONFUSING FOR PEOPLE RATHER THAN CREATING SIX INDIVIDUAL ONES, WE'RE JUST CALLING THE COMMERCIAL'S CORRIDORS AS ONE BOUNDARY. THE DIRECTION TO DO THIS WAS PROVIDED THROUGH CITY PLAN. SOUTHWEST 6TH, THIS IS GOING TO START ADJACENT TO THE SAN JACINTO PLAN BOUNDARY, THE RAILS TO TRAILS BRIDGE, AND ESSENTIALLY GOES ONE BLOCK DEEP ALONG 6, WHICH IS HISTORIC ROUTE 66, TO THE CENTRAL BUSINESS ZONING DISTRICT. ON SOUTHEAST 10TH, THIS ONE IS ADJACENT TO THE BARRIO BOUNDARY, AND THEN RUNS ALONG 10TH FROM OSAGE TO GRAND. IT'S ABOUT 1-2 BLOCKS DEEP JUST DEPENDING ON THE ZONING ALONG THAT. SOUTHWEST 10TH. THIS ONE RUNS TRAVIS TO JACKSON. ALSO ONE TO TWO BLOCKS DEEP. IT FOLLOWS THE COMMERCIAL AND RETAIL ZONING. SOUTHWEST 15TH, IS SIMILAR. THIS IS HERMAN TO MONROE. THEN THE LAST ONE, OLSON AND PARAMOUNT, THIS WESTERN TO THE I-40 FRONTAGE. IT'S GENERALLY 1-3 BLOCKS DEEP ALONG THE OLSON AND PARAMOUNT CORRIDOR, AND IS INTENDED TO ENCOMPASS MOST OF THE OLDER CONSTRUCTION IN THAT AREA. THAT'S ALL I HAVE. THIS DOESN'T REQUIRE A PUBLIC HEARING, SO RESOLUTION. IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THOSE FOR YOU. >> MAY HAVE A FEW. ANYONE? >> CAN YOU JUST RUN ME THROUGH A SCENARIO AS A BUSINESS OWNER HOW THIS PROCESS WORKS? HOW THEY GET THEIR REBATE? >> IT'S A SIMPLE APPLICATION. THERE'S ACTUALLY NO APPLICATION FEE. WE ENCOURAGE PEOPLE TO START WITH OUR ECONOMIC DEVELOPMENT STAFF PERSON, DREW BRASFIELD, IF THEY'RE INTERESTED IN DOING ANYTHING, THEY FILL OUT THE APPLICATION AND IF IT MEETS THE PROGRAM CRITERIA, THEY GET CERTIFIED. THEN ESSENTIALLY WE NOTIFY THE OTHER DEPARTMENTS BUILDING SAFETY. THEY ARE THEN ELIGIBLE FOR FEE WAIVERS IMMEDIATELY. AT THIS POINT THAT'S ALL THE PARTICIPATION THAT WE'VE HAD IN THIS PROGRAM, IS FEE WAIVERS. THEY CAN ALSO, DEPENDING ON THE AMOUNT OF INVESTMENT, BE ELIGIBLE FOR A PROPERTY TAX ABATEMENT. IF THEY PUT MONEY INTO THE PROPERTY AND IT INCREASES THE IMPROVEMENTS VALUE, THEY CAN HAVE THAT ABATED ESSENTIALLY SO THEIR TAXES DON'T INCREASE BASED ON THE INVESTMENT. THEN A SALES TAX REBATE IS ELIGIBLE, AND THAT ESSENTIALLY WORKS AS A REBATE AS WELL, SO THEY CAN RECEIVE, IT'S A HALF A PERCENT BACK THAT'S DIRECTLY PAID TO THEM, AND IT'S ALSO BASED ON A LEVEL OF INVESTMENT IN THE PROJECT OR IN A BUILDING. >> THANK YOU. >> I SHOULD SAY, THE COUNSEL, YOU WOULD SEE AN ABATEMENT OR SALES TAX REBATE. THOSE CAN'T BE APPROVED ADMINISTRATIVELY, ONLY THE FEE WAIVER. >> THANK YOU. >> ANYTHING FURTHER, GENTLEMEN? >> THANK YOU, MRS. KOHLER. APPRECIATE THAT. WE ASK FOR A MOTION ON ITEM 10D. >> I MOVE TO ADOPT RESOLUTION NUMBER 10-22-24-4. >> SECOND. >> I HAVE A MOTION AND A SECOND. ALL IN FAVOR. PLEASE SAY AYE. >> AYE. >> ANY OPPOSED? MOTION PASSES. ITEM 10E. [10.E. CONSIDERATION OF RESOLUTION NO. 10-22-24-5] MR. FREEMAN, IF WE CAN GET YOU TO GO THROUGH THE LEGISLATIVE AGENDA. >> YES, SIR. THIS IS A FOLLOW UP BASED ON THE PREVIOUS DIRECTION. WE HAD A COUPLE OF MEETINGS WITH COUNSEL. WE COVERED THE HIGHLIGHTS OF THE PREVIOUS RESOLUTION AND LEGISLATIVE PRIORITIES DISCUSSED WHAT IT'S USED FOR. THIS IS ALMOST A MARKETING TOOL IN A SENSE TO OUR LEGISLATURE TO LET THEM KNOW WHAT COUNSEL'S PRIORITIES ARE, WHAT THEY'D HOPE TO SEE THROUGH THE STATE LEGISLATIVE SESSION, FOR EXAMPLE. LET THEM KNOW, MAYBE THEY'RE WORKING ON A BILL AND THEY WANT TO KNOW WHICH CITIES SUPPORT IT, WOULD BE WILLING TO WRITE A LETTER OF SUPPORT, THE MAYOR MIGHT GET INVOLVED. IF IT'S IN OUR POLICY, [03:20:02] HE COULD GO ON BEHALF, HE COULD TESTIFY, WRITE A LETTER, THOSE THINGS. IT'S ALSO BENEFICIAL FROM A LONG TERM PERSPECTIVE IF WE HAVE SOMETHING THAT WE WANT TO SEE A BILL DRAFTED SPECIFICALLY FOR. WE COULD WORK WITH OUR LOCAL REPRESENTATIVES, SEE IF THEY'D BE WILLING TO SPONSOR A BILL AND DRAFT A BILL. IT'S REALLY A COMMUNICATION PIECE MORE THAN ANYTHING. IT'S NOT TO UM, CREATE LAW OR CREATE LOCAL POLICY, IT'S FOR THE STATE TO WORK ON IN A LARGER SCOPE. I JUST WANTED TO TOUCH ON A FEW OF THE CHANGES. I'M NOT GOING TO COVER THE OLDER THINGS THAT WE'VE KEPT. A LOT OF IT DID CARRY OVER BECAUSE IT'S PRETTY MUCH SIMILAR PRIORITIES THAT A LOT OF CITIES ARE LOOKING FOR, PRETTY STANDARD LANGUAGE. WE DO HAVE SOME OVERARCHING GENERAL APPROACHES TO OUR LEGISLATIVE PRIORITY ABOUT WHAT WE'D SUPPORT AS FAR AS SOLVING PROBLEMS FOR OUR COMMUNITY, QUALITY LIFE FOR CITIZENS. ANY INITIATIVES FOR PARTNERS IN THE COMMUNITY THAT WOULD ENHANCE EDUCATIONAL, CULTURAL INFRASTRUCTURE RESOURCES FOR THE REGION. WE ALSO HAVE SOME BROAD LANGUAGE OF WHAT THE CITY COUNCIL OR THE CITY WOULD OPPOSE, ANYTHING THAT INCREASES CITIES COST, ANYTHING THAT REDUCES CITY'S AUTHORITY AND LOCAL CONTROL, THAT DID ADD LOCAL CONTROL ON THE END OF THAT SENTENCE, LEGISLATION THAT IMPOSES UNFUNDED MANDATES ON CITIES, AND THEN WE ADD REQUIRING ADDITIONAL LOCAL EXPENDITURE WITHOUT PROVIDING THAT CORRESPONDING FUNDING FROM A STATE OR FEDERAL SOURCE TO HELP COVER THAT ADDED LEGISLATION. HIGHLIGHTING JUST SOME OF THE CHANGES FROM THE PREVIOUS RESOLUTION. WE DID DO SOME MAYOR CHANGES TO THE TRANSPORTATION SECTION, REMOVED THE I 40 CODE DESIGNATION FOR MARTIN LUTHER KING, THAT WASN'T SOMETHING WE'VE GOTTEN A LOT OF TRACTION FROM, AND IT WAS A PREVIOUS PRIORITY. WITH THE LAST COUNSEL, PROPERTY TAX, DEBT AND SALES TAX, ADDED POTENTIAL REFORMS FOR THE PROPERTY APPRAISAL PROCESS, REDUCING PROPERTY TAX BURDENS, MAINTAINING, EXPANDING THAT LOCAL HOMESTEAD EXEMPTION, THAT'S AN OPTION FOR CITIES TO IMPLEMENT. ALSO, WE ADD SOME LANGUAGE ABOUT THE POTENTIAL REVISION TO SALES TAX LANGUAGE ALLOCATION. WE'RE COMING UP ON THAT CHALLENGE OF THESE NEWLY ANNEXED TERRITORIES THAT HAVE COUNTY ASSISTANCE DISTRICTS. ONCE WE TAKE THAT OVER, WE NO LONGER RECEIVE THE FUNDING, BUT IF WE'RE EXPECTED TO PROVIDE THAT SERVICE, IS THERE SOME GIVE AND TAKE TO THAT SALES TAX ALLOCATION? AS FAR AS DEVELOPMENT MATTERS, MINOR CHANGES, OPPOSITION ON IMPOSING CLIMATE CHANGE RELATED ENERGY CODE POLICIES. PUBLIC HEALTH, WE ADDED THAT LANGUAGE TO ADDRESS OUR FUTURE ABILITY FOR THE HOSPITAL DISTRICT TO COLLECT AN AVALME TAX, WHICH MAY TAKE. THAT'S ONE WE MAY HAVE TO WORK WITH OUR LOCAL TO ACTUALLY SPONSOR THE BILL, SO WE COULD TAKE A COUPLE OF LEGISLATIVE SESSIONS TO WORK THROUGH THAT ONE. ADDED SUPPORT FOR TRUE INFORMED CONSENT AND MEDICAL TREATMENTS, REGULATORY CONTROLS FOR FOOD PRODUCTS, AND OVERSIGHT FOR STRASPHERIC AND ATMOSPHERIC SPRAYED PARTICLES AT A STATE LEVEL. DISASTERS AND EMERGENCIES, ADDED SOME LANGUAGE IN OPPOSITION OF ANY GRANTING MEDICAL OR DISASTER RELATED AUTHORITIES TO ENTITIES OUTSIDE THE STATE OR LOCAL GOVERNMENTS, AND ALSO OPPOSITION TO GLOBAL PANDEMIC AGREEMENTS THAT UNDERMINE THAT NATIONAL OR LOCAL SOVEREIGNTY. MENTAL HEALTH ADDED SOME ADDITIONAL SECTIONS, INCREASING ACCESS TO MENTAL HEALTH SERVICES, ALSO PATIENT CENTERED FUNDING THROUGH COMMUNITY-BASED CARE WITH SOME SPECIFIC LANGUAGE THAT WE ADDED. QUITE A FEW ADDITIONS TO PUBLIC SAFETY, AS FAR AS POTENTIAL JUDICIAL DISCRETION FOR DENYING BAIL FOR MAJOR THREATS. ADVANCED CANCER SCREENING FUNDING FOR FIREFIGHTERS WAS ADDED, BORDER SECURITY MEASURES THAT WE SUPPORTED IN THE PAST. WE'VE DOCUMENTED IN HERE, ENHANCING SCHOOL SECURITY, PROHIBITING THE SALE OF LAND IN THE TEXAS PANHLL TO FOREIGN ENTITIES, AND THEN THE PROHIBITING SEXUALLY EXPLICIT ACTS IN PUBLIC FACILITIES OR MAYORS ARE PRESENT HAS BEEN ADDED. WE'VE ALSO GOT A NEW SECTION FOR MERIT BASED HIRING PRACTICES TO MAKE SURE IT'S NOT UNDERMINING THE HIRING OF QUALIFIED CANDIDATES BASED SOLELY ON SKILL AND QUALIFICATIONS. ADDED SUPPORT ALSO FOR NUCLEAR POWER PLANTS AS A WAY TO STRENGTHEN THE TEXAS POWER GRID, AND THEN THE NEW SECTION ON TRADITIONAL GENDER POLICIES FOR THE STATE TO RECOGNIZE BIOLOGICAL SEX AT BIRTH AS A PERMING FACTOR FOR GENDER AND ALL LEGAL EDUCATIONAL AND PUBLIC SETTINGS. AS FAR AS A FEDERAL POLICIES, NOT ANY REAL MAJOR ADDITIONS TO THIS ONE, REALLY JUST CLEANED UP A LOT OF THE LANGUAGE TO MAKE IT LESS SPECIFIC TO A CERTAIN BILL NAME BROADENS IT BECAUSE WE'RE LOOKING FOR ANY FUNDING THAT QUALIFIES FOR CERTAIN INFRASTRUCTURE. WE JUST WANTED TO CLEAN IT UP AND MAKE SURE IT'S NOT SO SPECIFIC THAT IT TIES US TO A CERTAIN CATEGORY. THEN LASTLY, UNDER TRANSPORTATION, WE HAD SPECIFIC LANGUAGE TO ASSIST OUR TRANSIT DEPARTMENT SINCE WE HAVE MOVED TO [03:25:02] A DESIGNATED RECIPIENT TITLE DUE TO OUR URBANIZED AREA CROSSING THE 200,000 POPULATION THRESHOLD AND YOU THINK YOU'RE GETTING BIG, TAKING A BIGGER POPULATION, YOU GET FOR MORE FUNDING, BUT IT'S ACTUALLY REDUCING OUR FUNDING. ANY OPPORTUNITIES THAT WE CAN TO TRY AND BALANCE THAT LOST REVENUE THROUGH OTHER FEDERAL OPPORTUNITIES IS SOMETHING THAT WE'RE GOING TO WORK WITH OUR NORMANDY GROUP CONTACTS TO WORK ON. AS FAR AS THE LOCAL, SOMETHING I ALSO FORGOT TO MENTION IS THAT WE WORK WITH BLACK RIDGE THAT IS BASED OUT OF AUSTIN. WE WILL SHARE THIS POLICY IF ADOPTED WITH THEM. THEY'RE REALLY OUR RESOURCE, THEY'RE HEAVILY INVOLVED DAY TO DAY THEY'RE MONITORING BILLS. THEY'LL BE ABLE TO TRACK TO SEE IF ANYTHING ALIGNS WITH OUR POLICIES AND OFFER US THE OPPORTUNITY TO GET INVOLVED IF WE NEED TO TO REACH OUT TO OUR LOCAL REPRESENTATIVES OR MAKE A STATEMENT RELATED TO THOSE. HAPPY TO ANSWER ANY QUESTIONS OR TAKE YOU CAN ALSO MAKE CHANGES OR ADDITIONS TODAY AS FAR AS YOUR MOTION, IF THERE'S ANYTHING THAT NEEDS TO BE ADDED THAT WE MAY HAVE MISSED. >> ANY CONCERNS OR ADDITION QUESTIONS ON THIS, COUNSEL. MR. FREEMAN, WE APPRECIATE THE THOROUGH REPRESENTATION OF THAT. LOOK FORWARD TO PUSHING THIS FORWARD. THANK YOU. >> THANK YOU. >> WE ASK FOR A MOTION ON ITEM 10E, PLEASE. >> MOVE TO ADOPT RESOLUTION NUMBER 10-22-24-5. >> SECOND. >> MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE. >> AYE. >> ANY OPPOSED? MOTION PASSES. ONTO ITEM 10F, MR. CARTER. [10.F. CONSIDERATION OF RESOLUTION NO. 10-22-24-6] >> MAYOR, COUNSEL, THIS ITEM WOULD CONSIDER APPROVAL OF A BUDGET AMENDMENT TO THE AEDCS CORPORATION'S MARKETING BUDGET. I DO PROBABLY NEED TO SEEK CLARIFICATION. THE WAY THIS WAS PRESENTED IN OUR BOARD MEETING, IT WAS TO LAST YEAR'S BUDGET, AND SO IT WAS TO THE '23, '24 BUDGET. I DON'T KNOW IF THAT MAKES A DIFFERENCE GOING FORWARD, BUT THAT'S WHAT OUR BOARD APPROVED BECAUSE IT WAS IN THAT TIME FRAME. NOT SURE HOW THAT CHANGES TODAY, NOT REALLY SURE THAT MATTERS, BUT IT HOW YOU MAKE YOUR MOTION IF YOU DECIDE TO APPROVE IT. BUT THIS ITEM CONSIDERS A $625,000 AMENDMENT TO THE AEDCS MARKETING BUDGET TO CONSTRUCT TWO GATEWAY SIGNS ON I40. THE HIGHLIGHTS OF THIS PROJECT INCLUDE TWO NEW GATEWAY SIGNS THAT WOULD BE AND I'M PROBABLY NO, NOTHING IN THERE. THE LOCATION OF THOSE GATEWAY SIGNS WOULD BE AT THE ENTRANCES ON THE EAST AND WEST SIDE OF I40. THE I41 ON THE EAST SIDE IS RIGHT WHERE I42 87 SPLIT, AND THEN THE OTHER IS BASICALLY WHERE THE BOULEVARD STARTS ON THE WEST END IS THAT LOCATION OF THAT SIGN. YOU SHOULD HAVE BEEN PROVIDED A DOCUMENT. I THINK IT WAS IN THE PACKET. THIS IS PRICING FROM WESTERN BUILDER, THAT'S WHO WE CONTACTED ABOUT GETTING A BID, AND I KNOW THAT WESTERN HAS A COUPLE OF FOLKS HERE, TONY AND BRANDON THAT ARE HERE THAT CAN ANSWER ANY QUESTIONS. THEN ALSO, YOU HAVE A PICTURE OF THE DESIGN THAT WE FOR THE SIGN. I KNOW THIS WAS SOMETHING THAT I'LL LET YOU TALK, COUNSEL MEMBER TIPS. THIS WAS A PROJECT THAT YOU HAD BROUGHT TO OUR ATTENTION. >> KEVIN, WE HAVE IT ON THE SCREEN NOW, IF YOU LIKE. >> THIS IS WHAT IT LOOKED LIKE. THERE'S THREE DIFFERENT IT'S THE SAME SIGN. IT'S JUST THREE DIFFERENT LOOKS AT IT AND IT'S I BELIEVE SOMEWHERE ROUGHLY, IS IT ABOUT 16 FEET, IS THAT RIGHT? >> YES. >> I THINK IT'S 20 FOOT WIDE BY ABOUT 15 FOOT TALL, IS THAT CORRECT? ROUGHLY. >> ON CREEK BASED AND THEN A MATERIAL THAT SHOULDN'T RUST AND THEN THERE'S, YOU KNOW, THERE'S NO PLANNERS OR ANYTHING, SO LOW MAINTENANCE. FOLLOWING TEXTOC GUIDELINES, THAT'S WHAT THE BUILDERS WILL DO AND GET ALL THE NECESSARY PERMITS. >> NOW, I'LL WEIGH IN HERE TOO AND IT WAS MY IDEA THAT I CAME UP TO YOU GUYS AND ASKED TO FIND A WAY TO DO THIS AFTER LOTS OF COMMENTS FROM CONSTITUENTS OF THE MUCH NEEDED UPGRADE IN THE SIGNS. THESE ARE MORE MONUMENTS. THEY'RE, I THINK MR. HYDE, COMMENTED THAT, THESE ARE MONUMENTS, SOMETHING THAT'D BE AROUND FOR DECADES AND DECADES. [03:30:02] THEY'RE HUGE. I MEAN, THEY'RE NOT VERY SMALL, SO I THINK CALL THEM A SIGN IS. >> NOT, PROBABLY UNDER ESTIMATING THAT, SO IMPACT WILL BE. >> EXACTLY. THE GOAL WAS TO DO SOMETHING THAT WAS MINIMAL MAINTENANCE, IF ANY MAINTENANCE. THAT THE METAL, I THINK, AND MAYBE THESE GUYS COULD SPEAK TO IT A LITTLE BIT BETTER, BUT LIKE AN ALLOY TYPE DEAL AND THESE ARE HAVING TO BE DESIGNED TO STAND UP TO OUR WINDS AND OUR WEATHER AND EVERYTHING THAT WE'RE USED TO IN THE PANHANDLE. BUT A HUGE DEAL FOR WELCOMING PEOPLE ON 40 CORRIDOR. WE GO 50,000 PEOPLE A DAY GOING THROUGH THAT. THINK AS OTHER PEOPLE HAVE TRAVELED DOWN ROADS. YOU SEE OTHER SIGNAGE THERE TO OTHER CITIES, OBVIOUSLY MUCH SMALLER THAN OURS, SAME SIZE WITH MUCH BETTER REPRESENTATION. WE FELT LIKE IT WAS THIS WOULD BE A GOOD IDEA TO. >> WE DID LET SOME PEOPLE WEIGH IN ON THIS. THE FIRST DESIGN DID NOT HAVE AND IT REALLY DOESN'T SHOW UP IN THE PICTURE, BUT CASH IN FROM CVB WEIGHED IN, THE LS WILL BE BOOT SHAPED. THEY'LL BE THE SAME SIZE. I KNOW IN SOME OF THEIR MARKETING, THE BOOTS, THE LS ARE A LITTLE BIT TALLER. THIS, WE'RE GOING TO KEEP WITH THE CONSISTENT SIZE, BUT THE LS WILL BE IN THE BOOTS TO KEEP WITH OUR CONSISTENT BRANDING. WITH THE CITY AND THE WAY THE CVB IS DOING THAT, THAT WAY WE CAN HAVE SOME CONSISTENCY WITH THE WAY WE'RE BRANDING THE CITY. >> YEAH. THE AMOUNT, I KNOW THAT WE'VE BEEN KICKING THAT AROUND A LITTLE BIT. THAT'S WHY THESE GUYS ARE HERE AND THEY'VE BEEN WAITING ALL DAY TO BE HERE. THAT WAS MORE OF JUST A LINE ITEM TO GET ON THE BUDGET TO GET APPROVAL TO MOVE FORWARD. TO ENTER INTO THE DESIGN PHASE, TO DESIGN IT, AND THEN ALL THESE THINGS BECAUSE WE HAD SOME QUESTIONS ABOUT, WAS THIS BID OUT? WHY ARE WE DOING THIS? WELL, AT THAT POINT, EACH PHASE WILL BE BID OUT, CORRECT? IS THAT CORRECT, BRAND? EACH PHASE WILL BE BID OUT AND THEN BE PRESENTED. MORE ON A COST PLUS BASIS, I MEAN, WHICH IS WHAT WE'VE DONE IN THE PAST. THAT 625 IS JUST A FIGURE IT'S A PLACEHOLDER AT THIS POINT. WE DON'T KNOW WHAT WE'RE GOING TO GET INTO, BUT WE'VE MET WITH TEXT DOT. WE'VE DONE ALL THE THINGS. I DON'T WANT TO MAKE ANY GUARANTEES, BUT IT'S VERY POSSIBLE IT COULD COME IN LOWER THAN THIS IS WHAT WE EXPECT, BUT WE HAD TO PUT SOMETHING IN THERE TO NOT KNOWING WHAT'S GOING TO BE IN THERE BECAUSE THERE'S A LOT OF ELECTRICAL INVOLVED HERE AND WHAT WE'RE DOING. THAT FINAL ONE, I MEAN, THEY'RE LIT. WITH LED LOTS, IN BETWEEN EACH CUT. THEY'VE GOT A LASER CUT THIS THING. I THINK THAT TEXAS IS GOING TO BE LASER CUT IS WHAT MIKE SAID. IT'S PRETTY IN DEPTH, AND IT'S GOT TO BE AND IT'S VERY SUBSTANTIAL, I GUESS IS WHAT IT IS. ALL HAVE ANY QUESTIONS? >> I MEAN, NO, I THINK IT'S GOOD DISCUSSION. DO YOU WANT TO COME UP, BRANDON? YOU WANT TO SPEAK TO THIS OR YEAH, I THINK IF YOU WOULD. I THINK WE PROBABLY WOULD HAVE SOME GOOD QUESTIONS. MOST OF THE ISSUES IN CONSTRUCTION, A LOT OF THE TIME LIE IN WHAT WE THOUGHT IT WAS VERSUS HOW IT'S CONSTRUCTED. IF I WAS THINKING THAT THIS WAS A 12 INCH THICK BOX SIGN OUT OF ALUMINUM WITH LED IN IT LIKE WHAT WE WOULD PUT ON A POLE SIGN, IT WOULD BE FAR LESS EXPENSIVE NORMALLY. > YES. >> HOW IS THIS CONSTRUCTED IN THIS LASER CUT? >> WHAT WE HAVE PRESENTED. WE HAD THE ARCHITECTS RENDERING OF WHAT THEY WANTED. WE TOOK WE'VE MET WITH ARCHITECT AND STRUCTURAL ENGINEER TO DETERMINE WHAT WE NEED. WE HAVE THE FOUNDATION IS ACTUALLY ABOUT 18 FEET WIDE BY SIX DEPTH AND THEN A COUPLE FEET DEEP. THEN WE HAVE STONE, THE L WHERE THE AMARILLO WILL BE IS ACTUALLY AN L SHAPED. THERE'S A FOUNDATION AND A PILASTER THAT COMES UP WHERE THE TEXAS WILL ACTUALLY SIT. THEN THEY'LL BE STRUCTURAL STEEL INSIDE OF THAT. THAT WILL BE FRAMED OUT AND AROUND WITH METAL PANELS AS WELL. VERY SIMILAR LOOK TO WITH THE PANELS, VERY SIMILAR TO WHAT WE JUST DID AT AMARILLO COLLEGE ON WASHINGTON STREET. AND SO VERY SIMILAR TO THAT LOOK BACK LIT. >> TO GO A GOOD DIRECTION EARLY, SOMETIMES IT'S WELL, WE WANT THIS, BUT WE DON'T KNOW IF WE WANT TO SPEND THAT MUCH, AND SO WE VALUE ENGINEER. DID YOU LOOK AT ANY OTHER METHODS THAT WOULD HAVE BEEN CHEAPER? DID YOU END UP HERE BASED ON WIND AND LONGEVITY? CAN YOU JUSTIFY THE COST WHERE IT'S AT, OR WOULD YOU RECOMMEND, WE CAN SAVE SOME MONEY, ALL WE GOT TO DO IS CHANGE THESE THINGS? >> THERE WE DID LOOK AT OTHER OPTIONS. [03:35:01] INSTEAD OF THE PANELS ON THE FRONT, WE LOOKED AT ACTUALLY GOING WITH A POWDER COATED STEEL PLATE. IT DIDN'T GIVE THE DEPTH, IT DIDN'T GIVE THE ABILITY TO BACK LIGHT. FOR THE LONGEVITY AND THE LOOK AND WHAT WAS BEING SHOWN IN THE RENDERINGS, THIS WAS THE BEST OPTION. I WOULD SAY THAT WE DO HAVE IN THERE. AS MR. TIPS WAS SAYING, WE DO HAVE MONEY IN THERE FOR DESIGN. IT HASN'T BEEN STRUCTURALLY DESIGNED OR ARCHITECTURALLY DESIGNED YET. WE HAVE MONEY IN THERE FOR THAT. WE HAVE SOME CONTINGENCY BUILT IN THERE SO THAT HOPEFULLY WE'RE NOT COMING BACK AND THIS WAS MORE EXPENSIVE THAN WHAT WE ANTICIPATED. IT WILL BE LESS EXPENSIVE, BUT WE DO HAVE SOME CONTINGENCIES BUILT IN THERE TO GO ALONG WITH THOSE. >> COUNSEL, I THINK WE JUST NEED TO IDENTIFY FOR NOW IN THE CONVERSATION, IS THIS MONEY WELL SPENT FOR THIS AMOUNT OF MONEY? ARE WE GETTING A VALUE FOR WHAT WE'RE WANTING? THEN IF WE AGREE THAT WE UNDERSTAND ENOUGH FROM OUR CONTRACTOR WHAT WE'RE BUYING, THEN I THINK WE WOULD TAKE IT BACK TO THAT STEP WITH MR. CARTER ON HOW DO WE MOTION THIS? DO WE NEED CLARIFICATION? LET'S TRY TO DEFINE OR UNDERSTAND AT COUNSEL. DOES ANYBODY FEEL LIKE WE'RE BUILDING SOMETHING TOO BIG OR TOO EXPENSIVE FOR WHAT WE'RE TRYING TO ACCOMPLISH HERE? >> WELL, I'LL WEIGH IN, [NOISE] WHEN WE TALKED ABOUT THIS WITH SOME CITIZENS AND WITH CASH AND WITHOUT, THAT THIS WAS SOMETHING THAT WE WANTED TO BE THAT WAS SUBSTANTIAL ENOUGH BECAUSE IT DOES REPRESENT AMARILLO. WE HADN'T HAD ANYTHING EXCEPT THOSE LITTLE BLUE SIGNS, WHICH, I THINK THE WEARS DONATED BECAUSE WE DIDN'T HAVE ANYTHING AT THE TIME. WE'VE REACHED OUT AND SPOKEN TO THE WEARERS. I THINK KEVIN, YOU DID THAT, IS THAT CORRECT? YEAH. REACHED OUT AND SPOKE TO THEM BECAUSE WE DIDN'T WANT TO OFFEND THEM IN ANY WAY. >> THEY WERE GREAT. THEY DID THAT AND THE GOAL IS TO MOVE THOSE SIGNS EITHER ON 60 OR SOME OTHER SIDES OF THE GATEWAYS INTO OUR CITY, BUT NOT ON I-40. YOU WANTED SOMETHING SUBSTANTIAL, I THINK WAS THE PLAN TO HAVE SOMETHING. BUT TO MOVE THE TWO EXISTING TO TWO OF THE I GUESS THERE'S THREE OR FOUR OTHER GATEWAYS THAT WE HAVE COMING OUT OF THE CITY. >> I THINK THIS IS THE BEGINNING. I THINK WE'VE GOT SOME TALKS ALSO ABOUT THE I-40 CORRIDOR, [NOISE] WHAT WE CAN DO FOR THE I-40 CORRIDOR, TALKING AT TXDOT. JUST TO IMPROVE THE IMAGE OF AMARILLO. THERE'S A BIG PART OF THAT THE EDC DOES IS BRING BUSINESSES IN, [NOISE] BUT WE'VE GOT TO DO SOME THINGS MARKETING WISE AS WELL TO PROMOTE OUR CITY AND TO HAVE QUALITY OF LIFE AND A BETTER REPRESENTATION. I THINK WHEN PEOPLE DRIVE IN AND THEY SEE THOSE LITTLE BLUE SIGNS AMONGST THE WEEDS, IT MAY NOT BE THE BEST REPRESENTATION OF WHO WE ARE. WITH THIS, WE WANTED SOMETHING LIKE I SAID THAT WOULD BE THERE FOR DECADES, MAINTENANCE FREE, AS MUCH AS WE COULD THAT WOULD SEND A GOOD MESSAGE OF WHO WE ARE. NOW I DON'T EVEN KNOW THAT WE TALKED ABOUT THAT. I THINK ONE OF THE DESIGNERS SAID IT WAS ALL ROADS LEAD TO AMARILLO. NOW, THAT'S A SLOGAN. IT'S NOT A SLOGAN, BUT IT'S WHAT THE SIGN REPRESENTS. >> CAREFUL WHICH YOU THROW OUT? >> I KNOW. I APPRECIATE YOU WEIGHING IN ON IT. COUNCILMAN CRAFT, CAN I SEE YOU GET UP TO YOUR MICROPHONE? >> YEAH, A COUPLE OF QUESTIONS. IF THE SIGN IS CONSTRUCTED, DOES IT [NOISE] BECOME THE CITY'S OBLIGATION TO CARE FOR IT, MAINTAIN IT AND ALL OF THOSE? >> YES. >> TXDOT DOES NOT. IT IS, BUT THAT'S WHY WE WANTED TO MAKE IT AS MAINTENANCE FREE AS POSSIBLE. BUT WE'RE ALSO RESPONSIBLE FOR THOSE AMARILLO A SIGNS RIGHT NOW AS WELL. I MEAN THERE'S A LOT THERE, BUT I THINK THERE'S A COUPLE OF LIGHTS AND BUT THOSE SIGNS ARE PRETTY BIG. >> I THINK THAT THEY ARE GOING TO PUT IN HERE. IT'S GOING TO BE A LOT LESS MAINTENANCE FREE THAN THE IS WE HAVE. NOW BECAUSE THE BULBS ARE A LOT BETTER THAN WHAT'S IN THERE NOW. >> YES. >> COUNCILMAN SHERLYN? >> DID WE GET ANY OTHER BIDS ON THIS? >> WE DID NOT. >> THIS IS THE ONLY BID? >> YES, SIR. >> TOM, I'LL TELL YOU, SO WE LOOKED AT BECAUSE I HAD A PROBLEM WITH THE PRICE. I CALLED MIKE AND SAID, HEY, THIS SEEMS A LITTLE HIGH. WHAT DO WE DO? BECAUSE THEY'VE GOT A LINE ITEM, I THINK IT'S IN OUR PACKAGE THAT WE CAN SEE. ANDREW, WE COMPARED OTHER CITIES. WE PULLED THEIR MONUMENTS TO SEE WHAT OTHER CITIES HAVE DONE IN COMPARISON, AND THEY'RE RIGHT IN LINE, IF NOT MORE, ACTUALLY. THERE'S SEVERAL CITIES THAT HAVE SIMILAR MONUMENT SIGNS THAT ARE MUCH MORE. >> [OVERLAPPING] ARLINGTON'S THAT'S ABOUT THE SAME SIZE, AND I THINK WE SAW THAT AND IT WAS CLOSE TO MILLION DOLLARS. >> ABOUT A MILLION DOLLARS. >> MAYBE A LITTLE OVER A MILLION [NOISE] AND OURS ARE, BASICALLY, THE SAME SIZE AND SOMEWHAT OF THE SAME TYPE OF MATERIAL NOW. THE SAME MATERIAL, BUT. >> WE DID COMPARISON. >> WE WILL BID IT OUT AS WE GO THROUGH THE PROCESS. [03:40:01] THIS IS TO GET US GOING ON THE DESIGN, AND THEN AS WE GO OUT AND WE ACTUALLY PROCURE THE MATERIAL, WE WILL BID IT OUT TO SUBCONTRACTORS. WE WILL DO THAT IN THE FUTURE. THE NUMBERS YOU'RE SEEING ARE OUR INTERNAL ESTIMATES RIGHT NOW. >> BASICALLY, WE COULD JUST APPROVE THE MONEY FOR THE DESIGN NOW, IS THAT CORRECT? THEN PUT IT OUT FOR BID OR [NOISE] HAVE YOU ALL TALKED ABOUT THAT? > NO. WE HAVE NOT. THE ADC TYPICALLY DOESN'T BID OUT ANYTHING? BUT WE CERTAINLY CAN DO THAT IF THAT'S YOUR PLEASURE TO DO THAT. WE JUST, TYPICALLY, HAVE NOT DONE THAT. >> THE ONLY THING I WAS THINKING HERE IS, IF WE COULD PUT THE MONEY OUT FOR THE ACTUAL DIAGRAM, DRAWINGS AND EVERYTHING, AND THEN ACTUALLY GET A GOOD BID ON YOUR DESIGN. I LOVE THE DESIGN. YOU ALL DID A GREAT JOB ON THE DESIGN. GOOD JOB. [LAUGHTER] BUT ANYWAY, THAT'S JUST MY THOUGHT AND THAT WAY WE'D ACTUALLY KNOW WHAT WE'RE GOING TO HAVE TO SPEND. THAT'S MY ONLY THOUGHT. >> HERE'S MY THING. THE WAY I LOOKED AT IT AND NOT PUT ALL GUYS ARE HERE. THESE ARE GOOD COMMUNITY PARTNERS. OBVIOUSLY, THEY'RE DOING CITY HALL, A LOT OF JOBS. I DON'T FEEL THERE'S ANY RISK NOT TO SAY THAT BIDDING IT OUT IS NOT GOOD. BUT I THINK THEY'RE GOING TO BID OUT EACH SUBCONTRACTOR AND DO A COST PLUS TYPE DEAL, WHICH I THINK IS TYPICALLY WHAT WE'VE DONE. >> CORRECT >> CITY HALL AND OTHER PROJECTS, HODGETOWN, SAME WAY. WE BID IT AS COST PLUS. AS WE BID IT OUT, THAT WILL BE THE COST, WE WILL BID TO THE SUBCONTRACTORS AND THEN WHAT THE SUBCONTRACTORS COSTS ARE, WHAT THE LABOR MATERIAL IS, AND THEN WHAT OUR FEE IS ON TOP OF THAT. >> MAYOR IN CONSTRUCTION, IS THAT TYPICALLY A GOOD WAY TO THINK? >> CONSTRUCTION MANAGER AT RISK ON THIS ONE OR IS IT A COST PLUS? >> WE ACTUALLY HAVE A DESIGN BUILD ON THIS ONE SINCE [NOISE] THE DESIGN WOULD BE IN OURS AS WELL. >> YOU'LL DO THE DESIGN YOURSELF? >> WE'LL HAVE PARTNERS. >> WE HAVE STANCE. >> WHAT'S THE PERCENTAGE MARKUP? >> I BELIEVE JUST FOR THE BUDGETARY PURPOSES, WE HAD 10%. >> NOT OPPOSED TO COST PLUS 10%. THE REAL QUESTION WOULD BE, DID OUR CONTRACTOR GO OUT AND PRICE SOMETHING THAT IS A COSTLY DESIGN THAT WE CAN'T SEE THE VALUE IN. OTHERWISE, IF WE SEE THE VALUE IN TRYING TO BUY, BECAUSE I THINK YOU'RE TRYING TO BUY A 25-YEAR SIGN. HOW LONG HAS THE SIGNS BEEN THERE THAT ARE THERE? QUITE A WHILE. >> MR. WARREN TOLD ME. MAYBE 10-12, 15-YEAR, SOMETHING LIKE THAT. >> IF WE WANT TO DESIGN SOMETHING THAT'S LESS EXPENSIVE, SMALLER, AND MAYBE NOT AS DURABLE OR AS LOW MAINTENANCE, THEN I THINK WE COULD DIRECT THAT IN THE DRAWINGS AND BRING IT BACK AT A LOWER COST. IF WE'RE OKAY WITH THIS AMOUNT OF MONEY, THEN I THINK WE ARE PROBABLY BEING GIVEN A FAIR VALUE AT OUR COST PLUS 10%, AND THEN WE MAY WANT TO LOOK AT THE DESIGNS, OR WE JUST HAND IT OVER AND LET THEM GO AND DO. WOULD ASK FOR DISCUSSION ON THAT WHERE EVERYONE MAY BE SITTING. >> WELL, [NOISE] THE SIGN ONE WAY OR THE OTHER. IT'S FIRST TIME IT'S BEEN BROUGHT TO COUNCIL, BUT [NOISE] I DO HAVE A PROBLEM WITH USING EDC MONEY TO FUND IT, NOT FOR A LEGAL REASON. BUT I DON'T SEE WHERE THIS LINES UP WITH THE MISSION. MAYBE IF WE CAN FIND OTHER FUNDING SOURCES FOR IT, BUT I DON'T THINK THIS IS NECESSARILY THE HIGHEST AND BEST USE OF EDC MONEY TO BE CREATING JOBS. MAYBE IT CAN BE ALLOWED, MAYBE IT CAN. EVEN IF IT CAN BE ALLOWED, I'D RATHER LOOK AT SOME OTHER TYPE OF FUNDING SOURCE RATHER THAN USING EDC MONEY AND SAVE AS MUCH OF THAT MONEY FOR MORE DIRECT JOB CREATION. >> I THINK WHAT WE DISCUSSED IS KEVIN AND I TALKED ABOUT IT IS IT'S MORE MARKETING FOR THE CITY, AND WE TALKED ABOUT THAT, SAY LIKE YOU SAID, WEREN'T TRYING TO GO INTO IT AND I WASN'T TRYING TO STRONG ARM KEVIN OR THE BOARD IN ANY WAY, HAVEN'T EVEN TALKED TO THE BOARD ABOUT IT. BUT IT WAS MORE MARKETING THE CITY AND WE TALKED ABOUT THAT OF DOES THIS MAKE OUR CITY LOOK BETTER, AS YOU BRING PEOPLE IN? DOES IT MARKET IT? I GUESS DEPENDS ON YOUR DEFINITION OF MARKETING. THAT'S WHERE WE CAME UP WITH IT IS IN THE MARKETING BUDGET THAT IT WAS IT WAS DOABLE. [03:45:04] I THINK WE ARE IN AGREEMENT IN THAT IT WAS BENEFICIAL TO AMARILLO TO HAVE THAT. >> I DON'T KNOW IF IT'S TWO-THIRDS OF OUR MARKETING BUDGET EVERY YEAR BENEFICIAL. [LAUGHTER] WELL. >> IT'S ONE TIME DEAL. BE HAPPY FOR KEVIN TO WEIGH IN. WE'VE HAD THIS DISCUSSION. WE'VE TALKED ABOUT IT. FELT LIKE THAT IT WAS A GOOD USE OF THAT VERSUS COMING OUT OF THE GENERAL FUND OR COMING OUT OF ANYWHERE ELSE. >> WHEN THE BOARD APPROVED IT, OUT OF LAST YEAR'S BUDGET, DIDN'T HAVE ANY EFFECT ON THE SERVICES THAT WE PROVIDED, IT WAS IN ADDITION TO. YOU CAN SPEND UP TO 10% OF YOUR REVENUE. THAT'S ONE OF THE FEW RULES THAT OUTLINES THE WAY YOU'VE GOT TO SPEND MONEY IN THE 501 AND 504 CHAPTERS, IS THAT YOU CAN SPEND NO MORE THAN 10% OF YOUR MARKETING AND WE TYPICALLY, I THINK THE LAST TWO OR THREE YEARS HAVE BUDGETED THAT 800,000 NUMBER. THERE IS ROOM IN THERE AND IT DOESN'T AFFECT THE PROGRAMS THAT WE'RE GOING TO DO. IT DOES TAKE MONEY AWAY FOR FUTURE, IF THAT'S WHAT YOU'RE SAYING. COUNCIL MEMBER SIMPSON, BUT IT DOESN'T AFFECT THE PROGRAMS OR DIDN'T HAVE ANY EFFECT ON LAST YEAR'S THE WAY THE BOARD APPROVED IT. >> OR DO YOU KNOW HOW MUCH IS IN OUR ONE TIME WORKING BUDGET? >> THREE MILLION, 3.1 THAT'S LEFT, IS THAT RIGHT? 3.1, I THINK. [NOISE] ONE TIMES 3.1, I THINK ANNUALIZE ABOUT 3.1 OR BUT NOW WE SPENT SOMETHING. IT'S 2.9 NOW, I THINK. >> 6.2 IS [INAUDIBLE]. >> GO AHEAD, COUNCIL. >> WHEN WE'RE BRINGING [NOISE] PERSPECTIVE BUSINESSES TO TOWN, DO THEY USUALLY FLY IN OR DO THEY DRIVE? >> PROBABLY 60/40 THAT THEY'RE GOING TO FLY IN. BUT IT'S CRAZY, AND YOU TRY TO CONVINCE THEM AFTERWARDS THAT THIS IS A GREAT AIRPORT OUT HERE. THEY DON'T HAVE TO FLY TO DALLAS AND DRIVE. [LAUGHTER] BUT YOU DO HAVE SOME FOLKS THAT HAVE DONE THAT. THEN YOU TRY TO HELP CONVINCE THEM THAT WE'VE GOT A GREAT AIRPORT WHEN YOU CAN GO FROM THE OFFICE AND BE THROUGH SECURITY IN 18 MINUTES, THAT'S A PRETTY GOOD DEAL. WE TRY TO CONVINCE THEM AFTERWARDS ONCE THEY GET HERE, BUT WE DO HAVE A FAIR NUMBER THAT ACTUALLY DRIVE IN. I MEAN IT'S A GREAT QUESTION. I'VE NEVER BEEN ASKED THAT QUESTION, BUT I THINK THAT'S WHERE I'D GO WITH 60 40, 65 35, BUT WE DO HAVE PEOPLE THAT DRIVE IN. >> WE PUT IT FURTHER EAST. THE PEOPLE THAT ARE PROSPECT CLIENTS DON'T GET TO SEE THAT. I MEAN IT'S A BEAUTIFUL SIGHT. >> THAT'S CORRECT. YES, SIR. >> OUT THERE BY THE AIRPORT I MEAN. I DON'T WANT TO BUY [INAUDIBLE] [LAUGHTER]. >> WELL, WE TALKED TO TXDOT ABOUT LOCATIONS, AND THERE'S JUST NOT. >> THERE'S A LOT OF RULES THAT TXDOT HAS. [LAUGHTER] IT'S PRETTY THICK THE REGULATIONS THAT TXDOT HAS AND WHERE THEY'LL LET YOU PUT IT AND HOW BIG IT CAN BE. THANK GOODNESS, THESE GUYS HAVE READ UP ON THAT BRANDON. >> WE MAY ARGUE A LITTLE BIT ON BEHALF OF OUR CONTRACTOR THAT YOU MEAN YOU'RE WORKING IN A TXDOT RIGHT AWAY. I DON'T KNOW THAT WE HAVE THE LUXURY OF JUST HIRING ASSIGNED COMPANY THAT JUST SHOWS UP OUT THERE, AND THEN YOU GOT ELECTRICIANS AND ALL SORTS OF OTHER STUFF AND TRAFFIC CONTROL. YOU COULD JUSTIFY IT JUST ON BEING IN TXDOT'S CENTER LANE THAT I KNOW WHERE EVERYBODY'S AT. I THINK WE'RE ALL AT $100,000 IN OUR HEAD. WE OUGHT TO BE ABLE TO GET A WINDMILL UP THERE AND PUT SOME LIGHTS ON IT FOR 100 GRAND. [LAUGHTER] I THINK BY THE TIME YOU REALLY GET INTO IT, THE 100 AND ALL THE GOVERNMENT STIPULATIONS AND EVERYTHING ELSE WE'VE GOT TO ABIDE BY. MAYBE IT TURNS INTO 200,250. IF I'M WORKING THAT BUDGET WITH YOU GUYS, DO WE WANT TO ENTERTAIN PAYING FOR THIS OUT OF OUR ONE TIME OPERATING BUDGET? >> I MEAN I WOULD. [NOISE] I FEEL WITH AN ASSET THAT'S GOING TO END UP OUR RESPONSIBILITY ANYWAYS AND BEING [NOISE] WHAT'S GOING ON. >>COUNCILMAN TIPS LEADING ON THIS, IT'S NOT THAT HE'S LEADING IN A DIRECTION THAT WE DON'T WANT TO GO. WE ALL APPRECIATE THE LEG WORK AND GETTING GOING ON IT, AND WE WOULD LIKE THE SIGNS. I THINK EVERYBODY THINKS THAT YOUR FRONT DOOR OUGHT TO LOOK GOOD. CAN WE AFFORD IT OUT OF OUR GENERAL FUND? I WOULD TELL YOU THIS YEAR, WE CAN. COUNCILMAN SIMPSON, WHERE WOULD YOU BE? >> WELL, ONE THING I WOULD GO BACK TO, [03:50:01] IF WE'RE GOING TO LOOK AT THIS, AND AGAIN, NOTHING AGAINST THE CURRENT COMPANY WE'RE TALKING TO, BUT WE HAVE OTHER GOOD SIGN COMPANIES HERE LOCALLY. >> IT'S IN A SIGN THOUGH. IT'S A CONSTRUCTION PROJECT FOR SURE. >> THEY'RE THE ONLY ONES IN TOWN THAT CAN DO IT. [NOISE] CAN WE ASK ANYBODY ELSE? ONE WAY TO MAYBE LOOK AT THE PRICE IS ASKING OTHER PEOPLE THERE. >> NOW, LET ME OFFER SOMETHING HERE. I WANT TO KNOW BECAUSE I THINK I WOULD ANSWER THIS VERY UP FRONTLY IF I WERE IN YOUR POSITION. WE'RE NOT GOING TO TAKE DISRESPECT TO THIS, MR. ROBERTSON. IS THIS A DESIRABLE [LAUGHTER] PROJECT FOR YOUR COMPANY? OR WOULD THIS NOT BE THE WORST THING THAT EVER HAPPENED TO YOU IF YOU DIDN'T TAKE THIS ONE? >> WE WANT TO DO ALL THE CITY'S WORK. [NOISE] WE WOULD DEFINITELY TAKE IT. I WOULD SAY TO THE SIGN PORTION. IT'S NOT A SIGN. THERE IS, ACTUALLY, A STRUCTURAL THE WAY WE HAVE IT TENTATIVELY DESIGNED, THERE IS A STRUCTURAL STEEL SUPPORT WITHIN THAT. IT'S NOT YOUR TYPICAL SIGN THAT WOULD HAVE ITS OWN ALUMINUM FRAME AROUND IT WITH THE PANELS ON THE EITHER SIDE. THIS IS A STRUCTURAL STEEL IN SET WITH PLYWOOD ON THE OUTSIDE, IT HAS WEATHER BARRIER, SO IT WOULD PROTECT FROM THE WEATHER. IT HAS A SOLID ATTACHMENT TO ATTACH TO, BECAUSE IT IS GOING TO BE A BIG SELL OUT THERE, AND WE ALL KNOW THE WIND BLOWS A LITTLE BIT AROUND HERE. ARE THERE OTHERS THAT CAN BUILD IT? BUT WE WERE APPROACHED AND WE LIKE WORKING WITH AND PARTNERING WITH THE CITY AND WITH EDC. WE TOOK IT ON. BUT I THINK IT'S A GOOD DESIGN IF WE DO NEED TO GO AND THAT'S A NICE THING ABOUT THE DESIGN [NOISE] BUILD. WE HAVE DESIGNERS THAT WE'VE ALREADY TALKED TO THEY'LL PARTNER WITH US AS WELL AND AT YOUR DIRECTION. IF IT NEEDS TO BE LESS OF A MONUMENT THAN WHAT IT IS, THEN WE'RE WILLING TO LOOK AT THAT. THERE'S NOTHING THAT'S BEEN DESIGNED, NOTHING THAT HAS TO MOVE FORWARD IS SET IN STONE AS OF TODAY, BUT WE'RE WILLING TO WORK WITH YOU IN WHATEVER WAY WE CAN. >> MAYOR TO YOUR POINT WHEN WE FIRST STARTED THIS, THERE WASN'T MONEY IN OUR WORKING BUDGET. THAT'S WHERE WE APPROACHED THE EDC AND KEVIN WAS GRACIOUS ENOUGH TO SAY, YEAH, WE COULD DO IT, AND WE DID THE RESEARCH WITH THE ATTORNEYS AND TO MAKE SURE. WHERE THE FUNDING COMES FROM? I'M NOT OPPOSED TO COMING OUT OF THE WORKING BUDGET. I FELT LIKE THIS WAS SOMETHING THAT A LOT OF [NOISE] THE CONSTITUENTS WERE ASKING FOR JUST FOR A BETTER VIEW OF AMARILLO. >> I AGREE. I THINK WE DEFINITELY DON'T WANT TO MICROMANAGE AND GET INTO EVERYTHING SO MUCH. BUT THEN AT THE SAME TIME, THE CONSTRUCTION MANAGER AT RISK AT 10% OR THE DESIGN BILL AT 10% IS A GOOD DEAL. REGARDLESS OF WHO YOU STRIKE THAT DEAL WITH, A LOT OF YOUR COSTS ARE GOING TO BE IN THOSE DESIGNS. [NOISE] I'D VENTURE TO SAY THAT SOME OF THE SAME SUBCONTRACTORS YOU'RE GOING TO USE ARE OTHER THREE OR FOUR CONTRACTORS THAT CONTINUALLY DO WORK FOR THE CITY USE A LOT OF THE SAME SELVES. I THINK WE CAN WORK REAL HARD ON THIS AND FIND $100,000. >> OR I THINK WE CAN PROBABLY APPROVE IT, CHOOSE WHERE WE WANT TO FUND IT FROM. NOW, IF WE FUND IT WITHIN GENERAL FUND BUDGET, ARE WE PUTTING THIS UP? MAYBE HIRING WESTERN TO COMPLETE THE DESIGN SO THAT WHATEVER, WILL YOU GO THROUGH FULL PROCUREMENT ON THE DESIGN AS WELL? >> IF WE TAKE A SIGN AS A CITY PROJECT, WE'LL NEED TO FOLLOW ON PROCEDURES. I NEED TO GIVE IT STAFF AND RNS WE DIDN'T COME TONIGHT PREPARE FOR THAT. I APOLOGIZE. >> NO WORRIES. WE DIDN'T SHOW UP EXPECTING IT EITHER. I GUESS WHAT I'M TRYING TO GET AT IS IF WE OWE YOU SOME MONEY FOR WHAT YOU'VE DONE SO FAR, THEN WE WOULD LOOK AT THAT. BUT IN THE WAY THAT WE COULD FUND IT IN A DIFFERENT SOURCE, THAT'S PROBABLY STEP 1. WELL, ACTUALLY, STEP 1 IS, DO WE WANT SOME SIGNS AND I THINK THE ANSWER IS YES. STEP 2 WOULD BE, DO WE HAVE SOME GOOD LOOKING SIGNS DESIGNED HERE IN CONCEPT? I BELIEVE WE DO. STEP 3 WOULD BE, WHERE DO WE WANT TO FUND THIS? COUNSEL, IF WE WANT TO PULL THIS IN AND PUT IT IN OUR BUDGET, THE ONLY THING I WOULD ASK, MR. HYDE, BECAUSE WE'VE GOT HIM SITTING HERE, DO YOU MIND TO REPEAT THAT THE FUNDING SOURCE IS TOTALLY LEGAL ACCORDING TO OUR BUDGET? IT WOULD JUST BE COUNSEL'S DISCRETION OF, DOES THIS TRULY REPRESENT WHAT WE WANT TO DO WITH THOSE MONEYS? >> YES. MAYOR, THE USE OF MARKETING ALLOCATED FUNDS FOR THIS PROJECT TO ADVERTISE THE CITY IS A RECOGNIZED USE OF MARKETING FUND FOR ECONOMIC DEVELOPMENT CORPORATION TYPE A. IF YOU'RE DOING AN INDUSTRIAL PROJECT WHERE YOU'RE GOING TO HAVE 18 WHEELERS COMING IN AND OUT, [03:55:02] IN AND OUT, THEN THEY'RE GOING TO WANT A PLACE THAT LOOKS GOOD COMING IN. HOWEVER, THE RESOLUTION THAT WAS PRESENTED TO YOU AND THE FOLLOW UP MATERIAL DID HAVE ALLOCATION OF SOURCES FROM A PROJECT SUPPORT FUND, WHICH IS NOT MARKETING FUNDS. THAT IS A PROBLEM. TYPICALLY, IF YOU'RE NOT DOING A CASH FLOW ACCOUNTING, IF YOU HAVE EXPENDITURES THAT OCCURRED IN THE PRIOR BUDGET YEAR, THAT YOU SPENT THE MONEY, LAST YEAR, THE MONTH OF OCTOBER WOULD TYPICALLY BE USED TO EXPAND FUNDS FROM LAST YEAR'S BUDGET SO YOU COULD CLOSE THE BOOKS, AND SEE IF I CAN ASK, IF YOU HAVE SOME SPECIAL METHOD, BUT THIS IS JUST GENERALLY SPEAKING. BUDGETS WHEN THEY ARE APPROVED FOR A YEAR, JUST LIKE YOUR BUDGET, IT GOES AWAY. ANY UNEXPENDED FUNDS GO BACK INTO YOUR RESERVES FOR THE DIFFERENT FUNDS, AND THEN THEY ARE REALLOCATED IN THE NEW BUDGET YEAR. HERE, I WOULD HAVE A CONCERN THAT USING LAST YEAR'S BUDGET AS A MECHANISM BY WHICH TO APPROVE THE PROJECT TONIGHT IS TROUBLING TO ME. BUT THEN ALSO AS YOU'VE ALREADY BROUGHT UP THE PROCUREMENT ISSUE IF YOU TAKE IT IN. THAT'S THAT WOULD BE MY CONCERN WITH REGARD TO THE ITEM AS IT'S BEEN PRESENTED SO FAR. >> WE APPRECIATE THE ADDITIONAL INSIGHT. COUNSEL, I'M CURIOUS IF YOU GUYS WANT TO ENTERTAIN MAYBE REFERRING THIS BACK TO THE EDC BOARD. CONTINUING WITH THE FUNDING MECHANISM THAT WE'VE GOT IDENTIFIED, LETTING THEM BRING IT FORWARD IN A DIFFERENTLY IDENTIFIED REQUEST THAT'S MORE IN LINE WITH WHERE WE'RE GOING WITH OUR BUDGET AND WHAT WE WOULD WANT TO DO. >> YOU GOT TO CLARIFY THAT FOR ME BECAUSE I DIDN'T UNDERSTAND. BEFORE, WHERE YOU SAID SOMETHING ABOUT PROJECT SUPPORT, WE APPROVE THIS AS A BUDGET AMENDMENT. IT WAS GOING TO COME OUT OF MARKETING FUND. I DIDN'T UNDERSTAND WHAT ABOUT THE PROJECT. >> WHERE YOU SEEING THE PROJECT FUND AND I'M SEEING '24/'25. >> JUST MAYBE I MISUNDERSTOOD. >> I KNOW HE REFERENCED '23/24, BUT IN THE RESOLUTION IT SAYS, I ONLY HAVE PACKET ELECTRONICALLY, BUT IN THE PACKET FOR PURPOSES OF THE BACKUP INFORMATION, IF YOU GO FARTHER PAST THE COST ESTIMATE, THERE WAS A BACKGROUND AND IT SHOWED LIKE 55 DIFFERENT ELEMENTS, TWO OR THREE WERE PROJECT SUPPORTS. >> THAT'S THE NEXT ITEM. >> GOOD NEWS IS. DIFFERENT ITEM. >> IN THIS CASE, THOUGH, IS THAT IF THEY'RE MARKETING FUNDS, THEY WOULD BE MARKETING FUNDS OUT OF THIS YEAR'S BUDGET, AND THAT'S WHAT IT STATES. IT ASKS FOR AN INCREASE TO THE EXISTING BUDGET. >> HOWEVER, WE'RE GOING TO HAVE YOU WORK WITH THEM TO BRING FORWARD THAT BUDGET. LET'S SAY THAT IT NORMALLY IS 800,000, AND THAT'S WHAT THEY WANT TO ASK FOR AGAIN. GREAT. BUT IF THEY BRING IT FORWARD IN CONSIDERATION OF THIS 625, MAYBE IT'S 500,000 OR WHATEVER IT WOULD BE, IT'S INDEPENDENT OF THIS ACTION AT THAT TIME, RIGHT? >> NO, THAT THAT WOULD BE CORRECT. IF YOU WERE TO APPROVE THIS AS A CURRENT BUDGET ITEM FOR THE ECONOMIC DEVELOPMENT CORPORATION, YOU WOULD NEED A DIFFERENT RESOLUTION TO BE PREPARED. BUT IF YOU DID THAT, THEN IT WOULD COME OUT OF THIS YEAR'S FUNDS, AND IT WOULD BE A SPECIFIC APPROVED ITEM FOR THIS YEAR. >> WHY DO WE NEED A DIFFERENT RESOLUTION? I GUESS I'M NOT FOLLOWING BECAUSE C 2024/25. >> RESOLUTION FOR THE CITY HAS 24/25, THE WAY THE BOARD APPROVED IT WAS 23/24. >> THIS SAYS THAT IT'S A INCREASE TO THEIR EXISTING BUDGET, NOT JUST AN ALLOCATION OF MARKET. >> THERE IS NO BUDGET AT THIS POINT. >> YES. THERE IS NO BUDGET. WELL, THERE IS NO MARKETING BUDGET BECAUSE THERE IS NO BUDGET APPROVED. >> YES. YOU HAVE A PROPOSED ALLOCATION WELL, SO THIS IS THE CONCERN I HAVE. WHEN YOU ADOPTED THE OPTION THE LIMITED BUDGET PORT, YOU INCLUDED THE OPERATIONAL BUDGET, THE MARKETING FUNDS IS A SUBCOMPONENT OF THE OPERATION BUDGET. THERE IS A QUESTION THAT COULD BE MADE AS TO WHETHER OR NOT YOU HAVE APPROVED MARKETING FUNDS, BUT ONLY TO THE EXTENT NECESSARY TO GO FORWARD WITH THE EXISTING PROCESS. YOU HAVE TECHNICALLY APPROVED AN $800,000 BUDGET, BUT ONLY SUCH EXPENDITURES THAT YOU SUBSEQUENTLY APPROVED. AN INCREASE TO THAT $800,000 BUDGET WOULD BE A 1.4 MILLION PLUS FOR THIS ITEM. DID THAT MAKE SENSE? >> YES. [04:00:01] >> YOU CAN GO BACK THEN. THANK YOU. GREATLY APPRECIATE THAT. COUNSEL, WE PROBABLY NEED TO GIVE DIRECTION HERE. WE CAN TABLE REVISIT IT LATER, DISCUSS IT INDEPENDENTLY WITH CITY MANAGER AND EDC. WE COULD DISCUSS IF WE WANT TO FUND IT ON OUR GENERAL FUND, DIRECT STAFF THEN TO TAKE IT ON AS A CITY PROJECT, OR WE COULD MOVE FORWARD AND GIVE DIRECTION TO EDC TO CLARIFY THE RESOLUTION, BRING IT BACK NEXT TIME, WHERE WE'RE ALL COMFORTABLE. >> I TOLD YOU [INAUDIBLE]. >> YOUR GENERAL FUND. >> COUNCILMAN. >> YEAH, NOT EDC MONEY. >> ANYONE ELSE WANT TO WEIGH IN ON WHETHER THIS GOES TOWARDS OUR EDC VISION OR IF IT SHOULD BE MORE DIRECTED TOWARDS GENERAL FUND EXPENSE? >> I THINK IT GOES TO OUR EDC VISION. I THINK IT'S PART OF THE CITY. IT'S PART OF MARKETING THE CITY. I THINK THAT'S A HUGE MARKETING PIECE, ACTUALLY, PROBABLY ONE OF THE BIGGEST THAT WE'D HAVE. LIKE YOU SAID, IT COINCIDES WITH THE BOOTS, WE'RE TYING IN THEIR WHOLE MARKETING PLAN. I THINK IT'S FINE OUT OF EDC. >> COUNCILMAN SHERLEY YOU HAVE AN OPINION? >> I WOULD PREFER THE EDC HAVE THEIR OWN MONEY TO DO WITH WHAT THEY NEED TO DO. I DON'T THINK I THINK THIS DIRECTLY FALLS ON THE CITY TO PUT THAT OUT THERE. I APPRECIATE THEM BEING WILLING TO DO THAT. BUT I THINK WE COULD FIGURE OUT A WAY TO FUND IT OURSELVES IN SOME FORM OR FASHION. I APPRECIATE ALL GIVING TO US, BUT I DON'T THINK REALLY I THINK THIS IS US MYSELF. THAT'S JUST MY FAULT. >> I'M PROBABLY, YES, SIR. >> FOR PURPOSES OF THE PRIOR ITEM, I THINK THIS DIALOGUE IS AN EXAMPLE WHAT THE DIFFERENCE IS BETWEEN A BUDGET ITEM AND AN EXPENDITURE APPROVAL. BECAUSE IF THIS WAS JUST AN 800,000 MARKETING BUDGET AND IT COULD BE SPENT IN ANY MANNER, YOU WOULDN'T HAVE THE CONVERSATION THAT YOU'RE HAVING TODAY. >> THANK YOU. I AGREE WITH YOU. I THINK IT'S A PRETTY GOOD EXAMPLE OF US TRYING TO TIGHTEN IT UP. I AGREE WITH COUNCILMAN TIPS. I THINK THAT IT GOES LEGALLY AND WELL WITHIN EDC BUDGET FUNDS AND THAT IT DOESN'T REQUIRE THE PROCUREMENT AND THE LABOR ON STAFF. IT SPEEDS UP THE PROJECTS. I COULD SEE SOME VALUES IN THERE. MY ISSUE IS PROBABLY THE PRICE TAG, AND I THINK IT'S BECAUSE I WAS TOLD TO SIGN, AND I'M LOOKING AT A VERY EXPENSIVE MONUMENT. I WOULD LOVE TO GET DESIGNS COMPLETED AND THEN GO GET HARD NUMBERS AND BRING IT BACK AT THAT TIME WITH THE DIRECTION THAT MR. ROBERTSON COULD DO THAT UNDER THE EDC. I DON'T KNOW THAT WE'RE GOING TO GET THERE UNDER PROCUREMENT. WE'RE GOING TO HAVE TO APPROVE A DESIGN, AWARD THAT, THEN GO AND DO ANALYSIS COST WHATEVER, AND COME BACK AND THEN APPROVE IT. >> I THINK YOU WOULD NEED TO APPROVE MONEY FOR US TO PAY WESTERN FOR DESIGN. >> YEAH, AGREED. THAT'S ONLY JUST A COMPROMISE IN TRYING TO TAKE A LITTLE BIT OF THE TRUST OUT OF IT NOT THAT WE DON'T TRUST YOU TO BRING BACK IT UNDER BUDGET, BUT I THINK COUNCIL IS NOT NECESSARILY MOVING TOWARDS YOU'VE BEEN AWARDED UP TO GO AND DUE. THAT WOULD GIVE US THAT INTERMEDIARY STEP TO GET YOU TO GO AND COMPLETE YOUR DESIGN AND PUT A NUMBER ON IT. BECAUSE I THINK IT'S UNFAIR FOR ME TO SAY, CAN YOU GET IT DONE FOR 500? WE CAN HAVE A CONVERSATION. >> AGAIN, I THERE'S JUST SO YOU KNOW, JUST IN CLARITY OF WHAT WAS IN THERE, WE HAVE ABOUT 67,000 IN CONTINGENCY THAT'S JUST WHAT IF? THOSE ITEMS ARE INCLUDED IN THIS, BUT YEAH, IF IT GOES TO THE CITY TO YOUR POINT, IT WOULD BE YOU'RE GOING TO HAVE TO DO THE DESIGN BECAUSE TYPICALLY THE CITY DOES NOT DO DESIGN BILL, THEY'LL DO CM AT RISK AND DESIGN SERVICES SEPARATE. IT'LL BE A DESIGN SERVICE SUBCONTRACT OR CONTRACT, AND THEN YOU'LL COME INTO A CM. >> JUST IN WATCHING A FEW OF OUR STAFF MEMBERS NOD THEIR HEADS AND LOOK AT THIS, YOU KNOW, WE HAVE A $500,000,000 BUDGET. I GET THAT WE'VE ARGUED OVER AN $80,000 TACO TRUCK. ALL PART OF THE PROCESS, AND TRYING TO BE GOOD STEWARDS OF THE MONEY. BUT IN US WORKING TOGETHER PRETTY COHESIVELY, [04:05:03] THIS STAFF IS BEING ASKED TO DO MORE THAN JUST DESIGN A MONUMENT AND KEEP UP WITH ALL THE ROAD PROJECTS WE'VE GOT, EVERYTHING ELSE WE'RE LOOKING AT. THE EDC PROVIDES A DIFFERENT PATH, IF I CAN GET ANY COUNCIL MEMBER TO RECONSIDER, OR IF IT'S MORE PRINCIPAL OF IT JUST DOESN'T LINE UP WITH YOUR VISION. >> IT'S AN EASIER PATH. THAT'S FOR SURE. >> YOU'RE SAYING IT WOULD BE MORE EXPENSIVE? >> NO. >> IF WE WENT INSIDE WITH STAFF? >> NO. I THINK YOU'RE GOING TO GO THREE TIMES THE LENGTH OF TIME IN PROCUREMENT AND GETTING ALL THIS STUFF TO END UP AT THE EXACT SAME ITEM. >> NOT NECESSARILY. >> WE GOT TO MAKE A MOTION TO TABLE IT LET US THINK ABOUT IT. >> I GOT A MOTION TO TABLE IT. >> TAKE IT. >> I GOT A MOTION AND A SECOND TO TABLE IT. ANY FURTHER DISCUSSION? >> LET ME ASK A QUESTION FOR THIS. LESS YOU STATED THAT YOU JUST YOU JUST FEEL LIKE THOSE DOLLARS SHOULD BE BETTER SPENT FOR GETTING JOBS AND DOING THAT KIND OF THING? WHAT THE MORE EDC. TOM AND JOSH, I'D ASK YOU THE SAME THING, WHY WOULD YOU NOT USE THE EDC DOLLARS? WHAT'S THE REASON WHY YOU WOULDN'T WHEN THEIR BOARD APPROVES IT, WHEN IT IS A MARKETING ITEM WHERE ARE YOU GUYS ON THAT? >> I THINK IT'S OUR MARKETING DEALS WHERE BLOG. BUT THAT'S WHAT THIS IN THE CITY. BUT THAT'S OUTSIDE THE CITY. YOU'RE ASKING THEM TO DO SOMETHING THAT'S QUESTION? >> IT'S NOT QUESTION. >> THAT'S YOUR OPINION, I GOT MINE. >> WELL, I'VE GOT THE ATTORNEY'S OPINION. WE'VE DONE THE RESEARCH. >> WHATEVER WE DO HAS GOT TO BE BROUGHT HERE RIGHT. I'M NOT GOING TO MAKE A RASH DECISION ON SOMETHING THAT I DON'T KNOW. >> YOU JUST DON'T KNOW SO YOU WANT MORE TIME TO THINK ABOUT IT. THAT'S WHAT WE'RE SAYING. YOU JUST WANT MORE TIME. >> THAT WHAT I SAID. LET ME THINK ABOUT. I'M NOT OPPOSED TO THE IDEA AT ALL. I THINK IT'S A GREAT IDEA. I LOVE THE SIGNS. BUT I'M JUST NOT READY TO SAY I WANT TO TAKE IT OUT OF THEIR BUDGET. I WOULD RATHER SEE IT COME OUT OF. THAT'S MY FEELING, MY BUDGET. WE'RE GETTING THE SAME THING JUST DEPENDING ON WHAT POT WE WANT TO TAKE IT. >> IN A DIFFERENT PATH TO GET THERE? >> WELL, I THINK IT WOULD BE THE SAME PATH. >> IT'S A VERY DIFFERENT PATH. >> WHAT'S THE DIFFERENT PATH? I CAN'T HIRE THIS GUY. >> NO, THE PROCUREMENT, WE CAN HIRE THAT GUY. [OVERLAPPING]. >> BUT A DIFFERENT PATH. IT'S JUST DIFFERENT PATH. >> IT IS A DIFFERENT PATH. IT WOULD BE DESIGN BUILD AS WE HAVE IT CURRENTLY, WHERE WE WOULD HIRE THE DESIGNER. TYPICALLY, IN WORKING WITH THE CITY, YOU WOULD HAVE TWO SERVICES. YOU WOULD HIRE A DESIGNER, AND THEN YOU WOULD HIRE THE CONSTRUCTION MANAGER SEPARATE. YOU WOULD HAVE TWO SEPARATE CONTRACTS AND SERVICES. >> ARE WE GOING TO DEFINE DOUBLE OVER HERE? >> NO WONDER WE SPENT. >> IT'S NOT JUST THE CITY. IT'S JUST A DIFFERENT PROCUREMENT METHOD. >> I'M TRYING TO GET MY MONEY OUT OF MR. HYDE, AND HE'S SITTING ON THE EDGE OF HIS CHAIR HERE, SO I'M GOING TO GIVE HIM THE MICROPHONE ONE MORE TIME. >> ONE OF THE PARTICULAR BENEFITS OF AN ECONOMIC DEVELOPMENT CORPORATION IS ITS ABILITY TO WORK QUICKLY WITHOUT HAVING TO BE BURDENED WITH THE PROCUREMENT PROCESS. ALSO, CITY PROJECTS HAVE TO HAVE UNLESS WE PUT THIS INTO THE AGREEMENTS WITH THE CONTRACTORS, BUT THEY HAVE TO HAVE BONDING AND, YOU KNOW, FOR PERFORMANCE BONDS AND OTHER BONDS WHICH ARE NOT TYPICALLY REQUIRED BY PRIVATE CONTRACTORS OR PEOPLE THAT DON'T HAVE THOSE REQUIREMENTS UNDER STATE LAW. IT WILL COST MORE. IT WILL TAKE TIME. IF YOU DON'T HAVE HIM ON SOME TYPE OF DESIGN APPROVED LIST ALREADY, THEN YOU'D HAVE TO YOU'D HAVE TO PROCURE AN ENGINEER THROUGH THE RFQ PROCESS. THEN IF THERE'S ANOTHER PERSON WITH BETTER QUALIFICATIONS IN YOUR OPINION, THEY WOULD HAVE TO BE NEGOTIATED WITH AND SO FORTH. IT CAN TAKE A SIGNIFICANT PERIOD OF TIME LONGER. [04:10:03] >> THANK YOU, MR. HYDE. >> THANK YOU, MR. >> ARE WE READY TO CALL THE QUESTION, GENTLEMEN, I THINK WE CAN WAIT ANOTHER 2.5 WEEKS TO INVESTIGATE A LITTLE FURTHER, GIVE COUNCILMAN SHERLEY SOME TIME AND THEN SEE IF WE WOULD BE WILLING TO BRING THIS BACK UNDERNEATH THE EXISTING PROPOSITION. >> JUST CURIOUS. HOW DOES THIS WORK BUDGETARY WISE? >> IF IT IS 625,000 ON YOU ALL'S BUDGET, KEVIN. YOU WOULD EVENTUALLY BE COMING BACK FOR ANOTHER BUDGET AMENDMENT TO BASICALLY RE UP TO WHAT YOU PREVIOUS MARKETING BUDGET WOULD BE. >> I HAVE NO IDEA. AT THIS POINT I HAVE NO IDEA HOW THE PROCESS IS WORKING. >> THAT'S PROBABLY NOT THE BEST ONE DIRECTIVE. POOR KEVIN DOESN'T UNDERSTAND WHAT WE'RE ASKING HIM TO DO, BUT BACK TO OUR CONVERSATION, WE WILL GIVE HYDE AN OPPORTUNITY TO WORK WITH THEM TO PROVIDE A BUDGET IN CONSIDERATION OF THIS ITEM. SINCE NOTHING'S BEEN PREPARED YET, WE DON'T HAVE THE AMENDMENT ISSUE THAT I THINK. >> THAT WAS GOING TO BE MY OTHER QUESTION IS, IF WE HAD THIS BEFORE BUDGET, WHY WAS IT NOT INCLUDED IN THE BUDGET FOR THIS YEAR? >> IT'S A VALID QUESTION. >> SAY THAT AGAIN. >> LIKE THE WESTERN BUILDERS ESTIMATE, I THINK SHOWED [NOISE] JULY 29. HOW COME IT WASN'T IN THE BUDGET THAT WAS PRESENTED TO US? >> BECAUSE WE DID IN A BUDGET AMENDMENT TO LAST YEAR'S BUDGET. BECAUSE WE DID THIS. THIS THING WAS PRESENTED A COUPLE OF WEEKS AGO TO BE ON THE. >> GOT YOU. >> DOCKET, WE DECIDED TO WAIT UNTIL THIS MEETING TO DO IT. WE MAY HAVE LOST THE DEADLINE ON LAST YEAR'S BUDGET. THAT'S WHY IT WASN'T BUDGETED FOR IN THIS YEAR'S BUDGET. >> OKAY. >> I MEAN, I AGREE WITH MR. CARVER THAT YOU HAVE A 10% CAP. YOU HAVE A $25 MILLION INTO REVENUE FOR THIS YEAR. THEY CAN ONLY SPEND 2.5 MILLION DOLLAR OF THEIR TOTAL REVENUE EACH YEAR ON PROJECTS LIKE THIS. IF THIS WASN'T INCLUDED IN THE 800,000, THEN THERE WOULD ANTICIPATE THEY WOULD HAVE $800,000 OF ECONOMIC DEVELOPMENT MARKETING TO DO. AS WELL AS THE $625,000 HERE. I THINK IT'S TO COUNCIL MEMBER SIMPSON'S POINT THAT THIS COMBINED IS ROUGHLY OVER HALF OF THEIR ENTIRE MARKETING BUDGET FOR THIS YEAR. THAT'S THE POINT. >> COUNCILMAN CHERLYN, I THINK WE'RE GOING TO GET A LOT OF THINGS DONE BY ALLOWING MR. HYDE TO WORK WITH THE BOARD, WORK WITH STAFF, WORK WITH THE OTHER ATTORNEY. WE COULD TABLE THIS TODAY AND IT CAN COME BACK AS A BUDGETED ITEM. >> WELL, AFTER THE DISCUSSION HERE, I'M LEANING MORE. IT SOUNDS LIKE IT'S WAY TO DO IT AND GET IT DONE QUICKLY. I MEAN, THAT'S WHERE I'M NOW. WELL, AFTER MR. HYDE MADE HIS PRESENTATION. >> I KNOW WE'VE GONE A WHILE WITH THE SIGNS WE'VE GOT. WE'RE ONLY LOOKING AT TWO, THREE WEEKS TO POTENTIALLY HAVING SOMETHING. IT WOULD GIVE EVERYBODY AN OPPORTUNITY SO THAT WE'RE NOT VOTING ON SOMETHING HERE TONIGHT THAT MAY OR MAY NOT HAVE BEEN REPRESENTED AS ACCURATELY AS IT NEEDS TO BE WITH THE 23 24 ISSUE VERSUS 24 25. IF WE TAKE NO ACTION, WE DON'T EVEN HAVE TO TABLE. WE CAN TAKE NO ACTION ON 10 F. >> WE CAN CLEAN THAT UP BY TAKING IT BACK TO THE BOARD. >> GIVE IT BACK AND PUT IT IN THE BUDGET. [OVERLAPPING] I THINK WE'VE LABORED ON THIS DISCUSSION, BUT WE SEE THERE'S PROBABLY SOME PROS AND CONS IN IT, AND I THINK WE HAVE A BETTER UNDERSTANDING OF THE VALUE OF OUR CONTRACTOR AT A COST PLUS 10% VERSUS THE PROCUREMENT SIDE. AS MUCH AS WE ALL WANT TO FEEL LIKE WE STILL RESIDENTIAL HOMEBUILDERS, IT JUST DOESN'T WORK THAT WAY FROM THIS SIDE OF THE DIAS. EVERYTHING COSTS THREE TIMES MORE THAN WHAT WE WOULD LIKE IT TO. THE COST WAS THE ORIGINAL ISSUE. I'D LIKE TO TAKE NO ACTION ON 10 F OR I'M FINE WITH SINCE WE HAVE A MOTION TO TABLE, I'M FINE WITH VOTING ON THAT, AND WE JUST TABLE IT. THEN YOU GOT TO TAKE IT FROM THE TABLE. WELL, I GUESS YOU NEED TO KILL IT. LET'S TAKE NO ACTION, SINCE IT'S GOING TO THE BUDGET. >> I BELIEVE YOU DO HAVE TO VOTE NO TO THE MOTION TO TABLE SINCE THAT MOTION IS CURRENTLY ACTIVE. >> SINCE IT'S SITTING THERE. >> HYDES BACK UP. >> I MEAN, UNLESS THE MOTION AND THE SECOND IT WAS WITHDRAWN. BUT THE OTHER PART IS YOU CAN POSTPONE IT TO A PARTICULAR TIME. IF YOU WANT TO POSTPONE THIS UNTIL THE NEXT REGULAR CITY COUNCIL MEETING, YOU CAN DO. [04:15:04] BUT THAT WOULD REQUIRE AN AMENDMENT TO YOUR MOTION. >> ANYBODY WANT TO DO THIS ANY DIFFERENT? >> I'LL JUST [INAUDIBLE]. >> OR HE CAN WITHDRAW IT. >> WELL, YOU CAN WITHDRAW CAN MOVE TO AMEND HIS MOTION. >> IF HE WANTS TO WITHDRAW IT'S EASIER THAT WAY. >> I WILL WITHDRAW MY MOTION. WITHDRAW YOUR SECOND. WE'VE GOT A TOTAL WITHDRAWAL DOWN HERE. >> SIMPLEST THING IS TO TAKE NO OR NO ACTION ON ITEM TEN F AND MOVE ON. DIRECTION TO EDC AND STAFF CLEARS MUD. BRING IT BACK IN YOUR LINE ITEM OF BUDGET, PLEASE. >> YES, SIR. >> THANK YOU, SIR. MOVING ON TO ITEM TEN G, [10.G. CONSIDER APPROVAL - AMARILLO ECONOMIC DEVELOPMENT CORPORATION (AEDC) EXPENDITURE REQUEST] MR. CARTER, YOU ARE UP FOR SOME EXPENDITURES. >> I DON'T KNOW IF THERE'S A PRESENTATION FOR THIS. I KNOW IT WAS IN YOUR PACKET. THIS IS A REQUEST FOR DIFFERENT FUNDS TO BE RELEASED THAT WERE NOT INCLUDED IN THE APPROVED BUDGET A FEW WEEKS AGO. THERE'S A TOTAL OF $83,512.50. A COUPLE OF THESE ARE DUES TO ORGANIZATIONS. THOSE DUES ARE DUE BY THE END OF THIS MONTH. ONE OF THOSE IS THE HIGH GROUND OF TEXAS DUES FOR 25,000, THE TEXAS ECONOMIC DEVELOPMENT CORPORATION, THAT'S THE MARKETING ARM OF THE GOVERNOR'S OFFICE, NOT OUR STATE ASSOCIATION. THAT'S $25,000. THERE IS ANOTHER PROJECT SUPPORT MONEY THAT WOULD BE MOWING OF BUSINESS PARKS. YOU'VE BEEN PROVIDED AN ESTIMATE. THOSE ARE THE LAST TWO BUSINESS PARTS TO BE MOWED THIS YEAR THAT WE HAVE NOT MOWED YET, THAT SHOULD SUFFICE AND PROBABLY UNTIL MARCH OR APRIL FOR THOSE TO BE MOWED AGAIN, DEPENDING ON THE RAIN. THE OTHER PROJECT SUPPORT IS OUR IMPACT DATA SUBSCRIPTION. THAT'S THE SOFTWARE THAT WE USE WHEN WE BRING A PROJECT IN THAT TELLS US HOW MUCH THE ECONOMIC IMPACT IS GOING TO BE ON A PROJECT. WE USE THAT ALONG WITH SEVERAL EDCS IN THE STATE, AND WE'VE HAD A RELATIONSHIP WITH THEM OVER THE LAST FOUR OR FIVE YEARS, AND I DON'T EVEN THINK I THINK THAT NUMBER IS THE SAME AS IT WAS LAST YEAR WITHIN $100. THEN THE OTHERS ARE MARKETING TRIPS, AND THERE'S ESTIMATES THAT ARE RELATED TO THOSE TRIPS. SOME OF THOSE TRIPS ALREADY HAVE AIRFARE PURCHASED. OBVIOUSLY, WE CAN GET CREDIT BACK IF YOU CHOOSE NOT TO DO THAT, BUT THAT'S WHY SOME OF THOSE NUMBERS ARE LOW BECAUSE OF THE AIRFARES ALREADY BEEN PAID FOR. THE FEE HAS ALREADY BEEN PAID FOR THOSE SHOWS AS WELL. I CAN GO DOWN EACH ONE OF THOSE OR YOU CAN ASK ME QUESTIONS, HOWEVER YOU WANT ME TO PRESENT THE REST OF THOSE TRIPS. >> I WOULD MAKE A MOTION TO APPROVAL [INAUDIBLE]. >> HAVE A MOTION. DO I HAVE A SECOND OR DISCUSSION? >> ASK A QUESTION? >> YES, SIR. ON THE P CARDS OR PERSONAL CARDS? >> I WILL SAY THAT WE HAVE IMPLEMENTED A POLICY IN THE OFFICE, JUST VERBAL POLICY THAT WE WILL AFTER A COUPLE OF COUNCIL OR LAST COUNCIL MEETING THAT NO ONE WILL BE USING THEIR PERSONAL CREDIT CARD UNTIL FUTURE NOTICE. >> I'LL SECOND THE MOTION. >> I HAVE A MOTION IN A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE. >> AYE. >> ANY OPPOSED? ITEM TEN G. PASSES. THANK YOU, SIR. THANKS, SIR. LAST ITEM, I BELIEVE? [10.H. CONSIDER PURCHASE - FURNITURE, FIXTURES, AND EQUIPMENT FOR CITY HALL] YES. MR. DANFORTH, IF YOU'RE UP ON THIS ONE, YOU'RE GOING TO RUN US THROUGH FF&E. THANK YOU GUYS FOR BEING HERE. >> GETTING STIFF SITTING BACK THERE. >> I'M TELLING YOU THOSE CHAIRS. >> WHAT DO YOU HAVE IN FRONT OF YOU AND I THINK YOU GUYS HAVE THE SHEETS IN FRONT OF YOU. WHAT WE DID WAS WE WENT IN AND HIGHLIGHTED, I KNOW IT WAS CRITICAL TO YOU AS A COUNSEL AND ACTUALLY TO US AS A STAFF TO RE UTILIZE AS MUCH EXISTING EQUIPMENT AND FURNISHINGS THAT WE HAVE HERE IN THIS BUILDING. YOU CAN SEE AS YOU GO THROUGH THOSE PAGES, WHAT WE ARE RELOCATING, WHAT WE RE UTILIZING, YOU'RE LOOKING AT THE FIRST FLOOR ON THIS PAGE. GENERALLY, WHEN YOU SEE THE RED, THE RED REPRESENTS WHAT'S BEING RELOCATED, SOME OF THE CHALLENGES WE HAVE, THE ASSUMPTION WOULD BE THAT WE HAVE A LOT OF FURNITURE OVER HERE THAT WE CAN RE UTILIZE. ACTUALLY, WE CAN'T. [04:20:01] FOR EXAMPLE, IN HR, IN IT, IN ACCOUNTING, IN MULTIPLE AREAS OVER HERE WHERE YOU WOULD THINK THERE ARE CUBICLES OR FURNITURE. THOSE ARE ACTUALLY CUSTOM BUILT FURNISHINGS THAT WE AS FACILITIES BUILT SO THAT WE DIDN'T HAVE TO BUY CUBICLES AT THE TIME. THERE'S NOT FURNITURE TO MOVE OUT OF THOSE LOCATIONS. THAT'S WHY YOU'LL SEE YOUR NUMBER ADJUST A LITTLE BIT AS YOU GO THROUGH THAT. CAN YOU SCROLL THROUGH THAT? YOU SEE THE RED AREA. THIS IS ON THE FIRST FLOOR THAT REPRESENTS THE CONFERENCE ROOMS, HR BENEFITS, AND YOU CAN SEE THE FURNISHINGS THAT WE'RE RELOCATING OVER THERE. IN AN AREA LIKE THIS WHERE YOU SEE THE FURNISHINGS, THE DIFFERENT COLOR SCHEMES. THE RED, OF COURSE, IS, LIKE I SAID, WE'RE RELOCATING THE FURNISHINGS. IT WAS TO MAKE SURE THAT THE FURNISHINGS IN THE AREA MATCH. BASICALLY, WHAT WE HAVE IN CITY HALL IS FIVE DIFFERENT KINDS OF FURNISHINGS. WHEN WE MOVE TO THE NEW CITY HALL, EVERYTHING IN THAT AREA WILL MATCH. GO TO THE NEXT ONE, STEPHANIE, AND WE'LL GIVE A GOOD EXAMPLE HERE. WHEN YOU LOOK AT THE IT AREA AND THEN GO ONE MORE, STEPHANIE, PLEASE? YOU CAN SEE WHERE ALMOST ALWAYS ON EVERY FLOOR, YOU SEE THE CONFERENCE ROOMS, THE CONFERENCE ROOMS IS ONE PLACE WHERE WE CAN REUTILIZE THE FURNITURE THAT'S HERE. EVERY CONFERENCE ROOM BASICALLY IS GETTING RE UTILIZING THE FURNITURE THAT EXISTS HERE. ONE MORE. THAT'S ACCOUNTING AND FINANCE, AND YOU CAN SEE AND PARTIALLY IT. THAT BASICALLY IS ALL THE MAHOGANY FURNITURE THAT'S OVER IN CITY HALL NOW, THAT GETS RELOCATED TO THAT AREA. THE FURNITURE THAT YOU'RE SEEING RELOCATED THERE IS ACTUALLY OVER 20-YEARS-OLD, BUT IT'S STILL IN GOOD SHAPE. WE'RE STILL GOING TO TAKE ADVANTAGE OF IT. THIRD FLOOR, YOU CAN SEE LEGAL. LEGAL IS ACTUALLY USING THEIR EXISTING FURNISHINGS THAT THEY HAVE. WHEN WE GET INTO THE LOBBY AREAS AND SPACES LIKE THAT, THE CHAIRS AND THE LOUNGE SEATING THAT GOES IN THERE IS, OF COURSE, NEW. THEN THE NEXT ONE IS THE CITY MANAGER'S AREA AND EXECUTIVE STAFF. ALSO, THE MAYOR'S OFFICE. I DID THINK ABOUT ON THE MAYOR'S OFFICE, SAVING SOME MONEY THERE AND PUTTING A CARD TABLE, MAYBE A FOLDING CHAIR. I WASN'T SURE IF I WANTED A PADDED CHAIR. >> JUST TELL ME YOU HAD ONE OF THOSE LITTLE ELEMENTARY TABLES WITH SMALLER STOOL. >> MAYBE A LEGO TABLE. >> I DON'T NEED ANY FURNITURE. I'M STILL GOOD WITH NO FINISH, NO FURNISHING. >> HE ACTUALLY ASKED IF WE COULD REPURPOSE THESE CHAIRS FOR HIS OFFICE. BECAUSE THEY'RE SO COMFORTABLE. >> I'VE BEEN IN FOUR OF THESE CHAIRS JUST TODAY AND THE SPRINGS ARE POKING UP IN ALL FOUR OF THEM. >> MR. DAN FORTH, I BELIEVE WHAT WE SAID WAS, I'M STAYING HERE. I'M GOING TO RUN AN EXTENSION CORD UNTIL THE DEMOLITION CREW. >> THERE YOU GO. THAT'LL WORK. I CAN MAKE THAT HAPPEN. BUT THAT GIVES YOU A QUICK OUTLIE OF WHAT WE'RE LOOKING AT. ONE THING WHILE WE'RE ON THIS FLOOR. WHEN YOU LOOK AT THE COUNCIL CHAMBERS, WE ARE NOT PUTTING STADIUM SEATING IN COUNCIL CHAMBERS AT THE NEW CITY HALL. IT'S INDIVIDUAL CHAIRS. THIS WOULD BE GOOD IN A BALL FIELD, BUT IT'S NOT GOOD IN A COUNCIL CHAMBER. YOU'RE LOOKING AT INDIVIDUAL SITTING IN THERE. RIGHT HERE, WE'VE GOT AROUND 75 SEATS THAT ARE AVAILABLE IN THE NEW COUNCIL CHAMBERS. WE'RE GOING TO BE AROUND 125 TO 130. WE'LL DEFINITELY HAVE A LOT MORE ROOM. WE WON'T HAVE SITUATIONS LIKE WHAT WE HAD EVEN TODAY WHEN YOU'RE DOING PROCLAMATIONS AND YOU'VE GOT PEOPLE LINED UP. IT CHANGES THE DYNAMICS IN THE NEW CITY COUNCIL DRAMATICALLY. ANY QUESTIONS, I'D BE HAPPY TO ANSWER. >> VERY GOOD. THANK YOU, MR. DANFORTH. >> STEPHANIE, CAN YOU PULL UP THE EMAIL I SENT YOU. WE'LL GIVE YOU AN IT OR NOT ARTISTIC JUST A RENDERING OF WHAT THE FURNISHINGS ARE GOING TO LOOK LIKE IN THE NEWER AREAS. NOW, SOME OF THEM ARE GOING TO BE DIFFERENT COLORS DEPENDING ON THE COLOR SCHEMES, BUT AT LEAST YOU'LL SEE WHAT WE'RE PUTTING IN. THERE WE GO. THAT'S BASICALLY WHAT YOUR FURNISHINGS ARE LOOKING LIKE. MOST OF YOUR COMMON AREAS WILL HAVE A DESK AND CREDENZA LIKE THAT. IT'S A ONE PIECE BUILT OUT SYSTEM. IT'S HEAVIER BUILT. I EXPECT US TO GET 20 TO 30 YEARS LIFE OUT OF THESE LIKE WE DO OTHER STUFF. IF WE BUY THE CHEAPER STUFF, WE GET CHEAPER STUFF. WE'RE NOT DOING ICA, WE'RE DOING NICER STUFF, BUT NOT TOP OF THE LINE. >> I MEAN, WHEN I LOOK AT THAT MAP, IT LOOKS LIKE I MEAN, WHAT PERCENTAGE OF THE NEW OFFICES WOULD YOU SAY HAD RECYCLED, I MEAN, IT LOOKED 30, 40%, SOMETHING? >> WE'RE PROBABLY CLOSE AROUND 35%. IS WHAT WE'RE LOOKING AT, ESPECIALLY WHEN YOU TAKE INTO ACCOUNT THE CONFERENCE AND MEETING SPACES, THOSE NUMBERS ARE BIG AND ACTUALLY THAT [04:25:02] THOSE FURNISHINGS IN THOSE AREAS ARE QUITE EXPENSIVE. BEING ABLE TO UTILIZE THEM, FOR EXAMPLE, WHAT YOU HAVE IN YOUR PRE COUNCIL CHAMBERS RIGHT NOW WILL BE ON THE FIRST FLOOR IN ONE OF THE MEETING ROOMS IN THAT AREA. THE COUNCIL CHAMBERS AND THE EXECUTIVE STAFF MEETING ROOM, WE'RE DOING A MARBLE TOP TABLE INSTEAD OF WOOD TOP. THE FURNITURE COMPANY BID US A BUNCH OF VANIR STUFF AND VANIR JUST DOESN'T LAST. BY THE TIME THE CHAIRS ROLL IN AND OUT OF IT FOUR OR FIVE TIMES, THE EDGES ARE BUSTED OFF OF IT, SO WE WENT AWAY FROM THAT. >> ANY OTHER QUESTIONS ON FF&E, GENTLEMEN? >> MAYOR, THAT'S WHAT YOUR OFFICE WILL LOOK LIKE. THE CHAIRS WILL BE THAT TALL. >> YEAH. AS LONG AS THEY'RE ADJUSTABLE. [LAUGHTER] >> WHY DO YOU GET AN OFFICE? >> I DON'T UNDERSTAND WHY THE MAYOR GETS AN OFFICE AND. >> THE CITY MANAGER CAN'T SHARE THE BATHROOM. WE GOT TO HAVE ONE EACH. >> THIS IS THE MAYOR AND COUNSEL'S OFFICE. GOOD DISCUSSION TODAY, GENTLEMEN. LET'S WRAP THIS ONE UP WITH A MOTION IN A SECOND. >>I'LL MAKE A MOTION. >> THERE IT IS RIGHT THERE. ACCEPT. >> I'LL MAKE A MOTION ON TEN H AS STATED IN THE AGENDA. >> I'LL SECOND. >> GOT A MOTION AND A SECOND? ALL IN FAVOR, PLEASE SAY AYE. >> AYE. >> ANY OPPOSED? LAST AND FINAL QUESTION, IF NOBODY HAS ANY ISSUES WITH ADJOURNMENT, WE'RE ADJOURNED. THANK YOU ALL. * This transcript was compiled from uncorrected Closed Captioning.