[WORK SESSION- 5:00 P.M.]
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DEVELOPMENT MEETING FOR JULY 24TH AT 5:00. IF WE COULD. OR. 502. I'M SORRY. IF WE COULD ALL STAND FOR INVOCATION, LED BY MISS SHERMAN, AND FOLLOW WITH THE PLEDGE OF ALLEGIANCE. DEAR, GRACIOUS LORD, HEAVENLY FATHER.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. I WOULD LIKE TO THANK THE VISITORS ONLINE, IN PERSON, FOR BEING HERE. AT THIS TIME I HAVE NO CITIZENS COMMENTS, SO WE WILL GO ON TO THE WORK SESSION PORTION OF THE AGENDA, WILL RECEIVE A PRESENTATION REGARDING ECONOMIC DEVELOPMENT CORPORATION BOARD TRAINING LED BY MISS VICTORIA, OUR CITY ATTORNEY. HEY EVERYBODY. SO MANY OF YOU ARE GOING TO BE VERY WELL VERSED IN A LOT OF THIS, BUT ALSO SOME OF IT WILL BE NEW BECAUSE AS WE'VE TALKED ABOUT BEFORE, THE CITY, BECAUSE THE CITY'S POPULATION IS NOW EXCEEDING 20,000, WE HAVE NOW RESTRICTIONS THAT WE DIDN'T HAVE BEFORE ON HOW WE HOW THE EDC CAN SPEND ITS MONEY. WHAT WOULD QUALIFY AS A PROJECT. SO LET'S SEE, DO YOU PUT IT UP THERE OR DO I JUST ADVANCE IT? LOOK AT THERE. SO FIRST WE'RE GOING TO START WITH THE BASICS. SO WHAT IS THE EDC. IT BASICALLY WORKS SORT OF LIKE THE COUNCIL WORKS. IT PROVIDES A CONDUIT FOR CITIZEN INPUT. BUT ON ECONOMIC DEVELOPMENT MATTERS IT ALSO OVERSEES FUNDS THAT ARE EARMARKED FOR IMPROVING AND DEVELOPING THE CITY'S COMMERCIAL AND INDUSTRIAL BASE. AND THOSE FUNDS, AS I'M SURE YOU KNOW, ARE RECEIVED FROM THE ONE HALF CENT SALES TAX COLLECTED IN THE CITY. THE BOARD IS COMPOSED OF SEVEN MEMBERS. THE DIRECTORS OF THE BOARD OF DIRECTORS. THEY'RE APPOINTED BY THE COUNCIL FOR TWO YEAR TERMS AND YOU CAN SERVE UNLIMITED TERMS. YOU JUST HAVE TO BE REAPPOINTED. EVERY TWO YEARS. A QUORUM OF THE BOARD OF THAT SEVEN MEMBER BOARD IS FOUR MEMBERS. AND A QUORUM IS IMPORTANT BECAUSE YOU CAN'T HOLD A PUBLIC MEETING UNLESS YOU HAVE A QUORUM PRESENT, AND YOU CAN'T CONDUCT ANY BUSINESS UNLESS IT'S IN A PUBLIC MEETING. SO YOU HAVE TO HAVE A QUORUM OF FOUR. YOUR BYLAWS ALSO SAY THAT ANY ACTION, IF YOU'RE GOING TO APPROVE A RESOLUTION OR AUTHORIZE SOMETHING, IT REQUIRES THE AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS. SO IF YOU ONLY HAVE FOUR PRESENT, THAT'S A QUORUM. AND YOU CAN DO YOU CAN HAVE A MEETING AND DO BUSINESS. BUT IT WOULD TAKE THE AFFIRMATIVE VOTE OF ALL FOUR TO ACTUALLY PASS ANYTHING. THE EXECUTIVE DIRECTOR, THE WE HAVE AN EXECUTIVE DIRECTOR, THAT'S KIRK, AND HE IS AN EMPLOYEE OF THE CITY UNDER THE DIRECTION OF THE CITY MANAGER. NOW, THE BOARD SETS THE POLICY FOR THE EDC. BUT THE BOARD ITSELF, AS YOU KNOW, DOESN'T HAVE ANY ADMINISTRATIVE OR DAY TO DAY OPERATIONAL DUTIES. INSTEAD, THAT'S WHAT KIRK DOES. HE HANDLES THAT DAY TO DAY MANAGEMENT OF ALL THE THINGS AND PUTS IN IMPLEMENTS ALL OF THE POLICIES THAT THE BOARD DECIDES ON. THE BOARD HAS TO HAVE AN ANNUAL AUDIT, AND ITS EXPENDITURES ARE LIMITED TO PROJECTS THAT ARE AUTHORIZED BY STATE LAW AND ALSO OPERATIONAL EXPENSES. SO OPERATIONAL EXPENSES AND AUTHORIZED PROJECTS. SO WHAT ARE AUTHORIZED PROJECTS? GENERALLY, WE CAN SPEND THE MONEY, THE MONEY ON A AN ENUMERATED LIST OF PROJECTS IN THE ACT. MOST OF THOSE ELIGIBLE PROJECTS WILL REQUIRE THE CREATION OR RETENTION OF PRIVATE PRIMARY JOBS, ALTHOUGH THERE ARE SOME THAT WON'T. AND THEN THE EDC ALSO, EVERY YEAR CAN SPEND UP TO 10% OF ITS OF ITS BUDGET ON PROMOTIONAL PROGRAMS TO ADVERTISE THE CITY FOR THE PURPOSE OF DEVELOPING BUSINESS ENTERPRISES. IF WE IF THE EDC DOESN'T SPEND THAT 10%,
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IT ROLLS OVER TO THE NEXT YEAR'S BUDGET. WHATEVER ISN'T SPENT. SO LET'S TALK ABOUT ELIGIBLE PROJECTS, BECAUSE AS WE WERE SAYING, THAT'S THAT'S CHANGED. NOW, WHAT QUALIFIES AS A PROJECT IS DEFINED IN CHAPTER FIVE. THAT SHOULD BE 501, SORRY, THROUGH 505 OF THE TEXAS LOCAL GOVERNMENT CODE, WHICH IS ALSO KNOWN AS THE ECONOMIC DEVELOPMENT ACT. AND AS I SAID, THE ACT PROVIDES AN ENUMERATED LIST OF PROJECTS FOR WHICH FUNDS CAN BE EXPENDED, AND MOST OF THOSE REQUIRE CREATION OR RETENTION OF PRIMARY JOBS. SO WHAT IS A PRIMARY JOB? IT'S NOT AS EASY TO QUALIFY TO QUALIFY AS YOU MIGHT THINK FOR A PRIMARY JOB. IT HAS TO BE A JOB AVAILABLE AT A COMPANY FOR WHICH THE MAJORITY OF THAT COMPANY'S PRODUCTS OR SERVICES ARE ULTIMATELY EXPORTED STATEWIDE, REGIONAL, NATIONALLY OR INTERNATIONALLY, AND WHOSE BUSINESS FALLS WITHIN A LIST OF NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM SECTOR NUMBERS THAT ARE PROVIDED IN THE ACT. SHORTHAND FOR THAT LAST PART IS IT'S MOSTLY MANUFACTURING AND INDUSTRY. SO GENERALLY A PRIMARY JOB IS A JOB WITH A COMPANY IN MANUFACTURING OR IN IN INDUSTRIAL WORK THAT AT LEAST SELLS ITS PRODUCTS STATEWIDE, IF NOT REGIONALLY, NATIONALLY OR INTERNATIONALLY. THE PRIMARY JOB REQUIREMENT ALLOWS THE SDC TO FUND LAND, BUILDINGS, EQUIPMENT, FACILITIES, ANY KIND OF EXPENDITURES THAT WOULD SUPPORT THAT BUSINESS, EXPANSION OF THAT BUSINESS, TARGETED INFRASTRUCTURE AND IMPROVEMENTS THAT ARE FOR THE CREATION OR RETENTION OF PRIMARY JOBS. WHEN THOSE JOBS ARE FOUND BY THE BOARD TO BE REQUIRED OR SUITABLE FOR THE DEVELOPMENT, RETENTION OR EXPANSION OF THOSE CERTAIN TYPES OF FACILITIES OR CENTERS. NOW, JUST A LITTLE MORE DETAIL ON THAT. OH, YES. SORRY, THE FUNDING. IT'S JUST UP TO YOU. YEAH. THERE'S NOT A CAP IN THE STATUTE. SO, YOU KNOW, IT'S JUST YEAH, IT WOULD JUST, YOU KNOW, FALL TO, TO THE BOARD TO CONSIDER ALL THE METRICS THAT YOU NORMALLY CONSIDER ABOUT YOUR RETURN ON INVESTMENT, THAT SORT OF THING. OKAY. SO A LITTLE BIT MORE ON THE TYPES OF BUSINESSES AND THINGS THAT WE CAN SPEND MONEY ON IF WE'RE CREATING OR RETAINING PRIMARY JOBS, THAT WOULD BE MANUFACTURING AND INDUSTRIAL FACILITIES. AND WE'VE DONE SOME OF THOSE. IN THE PAST, THE SDC HAS HAD PROJECTS THAT ACTUALLY WOULD HAVE QUALIFIED IF WE WERE AT THAT TIME OPERATING UNDER THESE RULES. I CAN'T REMEMBER THE NAME NOW OF THE AERO GOTHAM GREENS IS ONE. AND THEN THERE WAS LIKE AN AEROSPACE. I CAN'T YET BUT BUT YES, WE'VE HAD THOSE ALSO RESEARCH AND DEVELOPMENT FACILITIES, MILITARY TRANSPORTATION FACILITIES, SEWAGE AND SOLID WASTE DISPOSAL FACILITIES, RECYCLING AIR OR WATER POLLUTION CONTROL FACILITIES, FACILITIES FOR FURNISHING WATER TO THE PUBLIC.DISTRIBUTION CENTERS, SMALL WAREHOUSE FACILITIES. PRIMARY JOB TRAINING FACILITIES BY AN INSTITUTION OF HIGHER EDUCATION. REGIONAL OR NATIONAL CORPORATE HEADQUARTER FACILITIES. AS YOU CAN TELL BY LOOKING AT THIS LIST, I'M GOING TO BACK UP PROBABLY THE MOST FREQUENT AREA THAT WE SEE THIS IN IS IN MANUFACTURING AND INDUSTRIAL FACILITIES. THAT'S THAT'S WHAT WE USUALLY ATTRACT. NOW THE SDC CAN ALSO FUND PROJECTS THAT DON'T REQUIRE THE CREATION OR RETENTION OF PRIMARY JOBS. THOSE PROJECTS WOULD BE FOR JOB TRAINING CLASSES, CERTAIN INFRASTRUCTURE IMPROVEMENTS WHICH PROMOTE OR DEVELOP NEW OR EXPANDED BUSINESS ENTERPRISES, CAREER CENTERS, AFFORDABLE HOUSING OR COMMUNITY FACILITIES LIKE SPORTS, ENTERTAINMENT, TOURISM, CONVENTION CENTERS OR PARKS. AND. WELL, THE COMMUNITY FACILITIES CAN. YES, YES THEY CAN. ALTHOUGH GENERALLY THEY'RE NOT. AND I WAS JUST HAVING A CONVERSATION TODAY ABOUT THAT, YOU KNOW, ABOUT HOW WE DO THAT WITH A FUNDING AGREEMENT TO A, TO A GOVERNMENTAL ENTITY AS
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OPPOSED TO AN INCENTIVE AGREEMENT TO A PRIVATE ENTITY. BUT, BUT THEY BOTH WOULD QUALIFY. VICTORIA. YES, THEY THEY WOULD. THE OF THIS LIST OF PROJECTS THAT DON'T REQUIRE THE CREATION OR RETENTION OF PRIMARY JOBS, WHERE WE GET THE BULK OF OUR PROJECTS WILL BE UNDER INFRASTRUCTURE OR COMMUNITY FACILITIES, AND FOR THE INFRASTRUCTURE, LIKE KURT WAS SAYING, THAT'S WHERE WE FIT IN THE FACADE GRANTS AND OUR DESTINATION PROGRAM, THOSE KIND OF THINGS, BECAUSE THEY FIT IN UNDER SITE IMPROVEMENTS, THAT EXTERNAL SITE SITE IMPROVEMENT, IMPROVEMENT. SO WHAT COMMUNITY FACILITIES ARE ELIGIBLE? LOOKING AT LOOKING AT THOSE TWO AREAS WHERE WE GET THE MOST OF OUR PROJECTS, PROFESSIONAL AND AMATEUR SPORTS AND ATHLETIC FACILITIES, THAT INCLUDES STADIUMS AND BALLPARKS, ENTERTAINMENT FACILITIES, TOURIST AND CONVENTION FACILITIES, PUBLIC PARKS AND ANY KIND OF RELATED OPEN SPACE IMPROVEMENTS. PUBLIC MUSEUMS. OR THOSE COMMUNITY FACILITIES WE CAN FINANCE OR PROVIDE INCENTIVES FOR THE LAND, THE BUILDING, THE EQUIPMENT, THE FACILITIES AND THE IMPROVEMENTS ON THOSE WHICH ARE REQUIRED OR SUITABLE FOR THE USE OF THE ELIGIBLE FACILITIES. THAT CAN ALSO INCLUDE ANY KIND OF RELATED STORES OR RESTAURANTS, CONCESSIONS, VEHICLE PARKING AREA, TRANSPORTATION FACILITIES, RELATED ROADS, INFRASTRUCTURE. ANYTHING THAT'S NEEDED FOR THAT PROJECT WOULD BE A QUALIFYING EXPENSE FOR. THESE ARE THE PROJECTS NOW THAT WE CAN FUND AND WE CAN BE CREATIVE. I'M NOT SAYING YOU KNOW THAT LIKE LIKE I TO ME WE'RE BEING CREATIVE IN USING FACADE GRANTS UNDER INFRASTRUCTURE, BUT IT'S ABSOLUTELY ALLOWED UNDER THE LANGUAGE OF THE STATUTE. THAT'S RIGHT, THAT'S RIGHT. AND SO NOW LET'S TAKE A LOOK AT INFRASTRUCTURE, BECAUSE THAT'S THE OTHER BIG AREA OF THESE THAT DON'T REQUIRE A PRIMARY JOB.THAT WOULD MEAN THAT WE CAN PROVIDE FUNDING OR SOME SORT OF ECONOMIC DEVELOPMENT INCENTIVE, YOU KNOW, DOESN'T HAVE TO BE A GRANT FOR STREETS, ROADS, RAILWAYS, WATER AND SEWER FACILITIES, ELECTRIC AND GAS UTILITY DRAINAGE, TELECOMMUNICATIONS, INTERNET IMPROVEMENTS OR SITE IMPROVEMENTS. AND THAT, AGAIN, IS A WIDE OPEN TERM NOT DEFINED IN THE STATUTE. AND WE ARE ONE OF PROBABLY THOUSANDS OF BDCS THAT USE THAT FOR FACADE GRANTS.
THEY MUST PROMOTE AND DEVELOP NEW OR EXPANDED BUSINESS ENTERPRISES. AND YOU MAY YOU MAY NOW ONCE YOU SEE THESE RESOLUTIONS THAT APPROVE THESE PROJECTS IN YOUR AGENDA PACKET, IF YOU'LL PAY ATTENTION TO THAT PREAMBLE LANGUAGE, YOU'LL NOTICE THAT I'M HITTING ALL OF THESE.
I'M I'M MAKING SURE THAT YOU'RE FINDING ALL OF THIS, THAT YOU'RE FINDING IT DOES IN, YOU KNOW, CREATE OR ENHANCE NEW OR EXPANDED BUSINESS ENTERPRISES, ETC. SO THE FINAL ONE THAT DOESN'T REALLY REQUIRE, REQUIRE A PRIMARY JOB WOULD BE YOUR PROMOTIONAL EXPENSES. AND AGAIN, JUST LIKE I SAID, YOU CAN SPEND NOT MORE THAN 10% OF YOUR REVENUE FOR THE YEAR FOR PROMOTIONAL PURPOSES. IT HAS TO BE ON ADVERTISEMENT OR TO PUBLICIZE THE CITY FOR THE PURPOSE OF DEVELOPING NEW AND EXPANDED BUSINESS ENTERPRISES. AND WE'VE PUSHED THE ENVELOPE A LITTLE BIT ON THAT, YOU KNOW, SO THAT WE CAN FUND SOME. ACTIVITIES THAT GO ON FOR GOOD CAUSES IN THE COMMUNITY. BUT WE'VE MADE SURE THAT AS A PART OF THAT, THAT WE ARE RECEIVING SOME SORT OF PUBLICITY FOR THE CITY FOR THAT SPONSORSHIP. IT ABSOLUTELY DOES. SO IF YOU DIDN'T USE YOUR 10%, YOU WHATEVER IS NOT USED ROLLS OVER, CARRY IT OVER. SO WHEN WE WHEN WE DO PROVIDE AN INCENTIVE, WHETHER IT'S A GRANT, A LOAN, YOU KNOW, WHETHER WE'RE PROVIDING PROPERTY, WHATEVER WE'RE DOING, WE HAVE TO DEVELOP WHAT'S CALLED A PERFORMANCE AGREEMENT. AND THAT WOULD BE THE AGREEMENT BETWEEN THE SDC AND THE PERSON WHO'S GOING TO BE RECEIVING THE ECONOMIC DEVELOPMENT INCENTIVE. THAT AGREEMENT BY STATE LAW, HAS TO
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PROVIDE A SCHEDULE OF ADDITIONAL PAYROLL OR JOBS TO BE CREATED OR RETAINED. IF IT IS ONE OF THOSE PROJECTS THAT REQUIRES JOBS AND A STATEMENT OF REQUIRED CAPITAL INVESTMENT TO BE MADE AS CONSIDERATION BY THE BUSINESS ENTERPRISE, WE HAVE TRADITIONALLY ALREADY DONE THOSE THINGS WHEN THEY WERE RELEVANT. AS FAR AS THE JOBS, AND ALSO MOST OF OUR AGREEMENTS ALSO HAVE ALREADY REQUIRED A CAPITAL INVESTMENT. SO THAT WON'T REALLY BE A CHANGE. IT ALSO, AND VERY IMPORTANTLY, HAS TO SPECIFY THE TERMS UNDER WHICH THAT PERSON OR ENTITY THAT'S RECEIVING THE FUNDS HAS TO REPAY THEM. THAT'S YOUR PERFORMANCE METRICS AND THEN HOW MUCH THEY WOULD HAVE TO REPAY IF THEY DEFAULT. AND I KNOW YOU'RE ALL THAT HAVE BEEN ON HERE A WHILE. YOU'RE FAMILIAR WITH THOSE. BASICALLY, IF WE GIVE YOU A GRANT TO CONSTRUCT A BUILDING YOU HAVE TO COMMENCE CONSTRUCTION BY THIS DATE. YOU HAVE TO COMPLETE IT BY THIS DATE. YOU HAVE TO BE OPEN AND SERVING THE PUBLIC BY THIS DATE. AND IF YOU FAIL TO DO ONE OF THOSE, THEN YOU HAVE TO REPAY THIS PERCENT OR THIS PERCENT OR 6%. AND, YOU KNOW, SOMETIMES IT GETS KIND OF COMPLEX, BUT THAT'S ALL REQUIRED BY STATE LAW. SO WE PUT THOSE IN OUR PERFORMANCE AGREEMENTS. OKAY. SO AS A PUBLIC BOARD YOU HAVE TO ABIDE BY THE TEXAS OPEN MEETINGS ACT AND THE TEXAS PUBLIC INFORMATION ACT. SO I WANTED TO GIVE YOU JUST A REAL BRIEF KIND OF PRIMER ON THOSE. EVERY MEETING OF THE BOARD IS OPEN TO THE PUBLIC, UNLESS SOME PORTION OF IT IS AUTHORIZED TO BE CLOSED, HELD IN WHAT'S CALLED A CLOSED DOOR EXECUTIVE SESSION BY THE TEXAS OPEN MEETINGS ACT. THE ACT REQUIRES THAT THE MEETING HAS TO BE POSTED AT LEAST THREE BUSINESS DAYS PRIOR TO THE DATE OF THE MEETING, AND, WELL, THAT'S ACTUALLY GOING TO BE EFFECTIVE SEPTEMBER 1ST. BUT THREE BUSINESS DAYS, ANY ACTION TAKEN IN VIOLATION OF THE OPEN MEETINGS ACT IS VOIDABLE, AND IT CAN BE CURED BY A SUBSEQUENT PROPER ACTION. IF SOMETHING IS NOT ON YOUR AGENDA, YOU MAY NOT DISCUSS IT AT THAT MEETING OR TAKE ANY ACTION EXCEPT TO DETERMINE WHETHER TO PLACE IT ON A FUTURE AGENDA. AND THAT HAPPENS FREQUENTLY WHEN YOU HAVE SOMEBODY COME UP AND WANT TO MAKE A PUBLIC COMMENT, AND IT'S ABOUT SOMETHING THAT'S NOT ON YOUR AGENDA, YOU CAN'T DISCUSS THAT AT THAT POINT. BUT YOU CAN SAY, LET'S PUT THIS ON A FUTURE AGENDA. AND THE REASON FOR THAT IS BECAUSE THE PUBLIC DIDN'T HAVE DIDN'T HAVE NOTICE THAT YOU WERE GOING TO DISCUSS IT SO YOU CAN DISCUSS IT. YOU CAN DISCUSS IT AFTER A MEETING. YEAH. AFTER A MEETING. JUST AS AN INDIVIDUAL. YEAH, BUT BUT FOR THE BOARD ITSELF. NO, NOT AT NOT AT THAT ONE. THE BOARD IS, ISN'T REQUIRED TO HAVE A PUBLIC COMMENT SECTION ON THE AGENDA, ALTHOUGH MANY DO AND YOU KNOW, IT IS IT'S A GOOD THING I THINK BECAUSE LIKE I SAID AT THE BEGINNING, YOU'RE THE CONDUIT, YOU KNOW, TO HEAR FROM THE CITIZENS WHAT IT IS THAT THEY WANT ECONOMIC DEVELOPMENT DOLLARS SPENT ON. SO IT'S A GOOD THING TO HAVE THE PRESIDENT ALSO, THE CHAIRMAN CAN RECOGNIZE VISITORS AND ALLOW THEM TO SPEAK UNLESS A MAJORITY OF THE BOARD VOTES OTHERWISE, AND THE PUBLIC HAS THE RIGHT SUBJECT TO REASONABLE ACCESS TO RECORD THE BOARD'S MEETINGS, THAT COMES UP ONCE IN A WHILE. WHEN, YOU KNOW, WE GET SOMEBODY IN HERE THAT'S RECORDING AND, YOU KNOW, I'VE HAD PEOPLE ON THE BOARD ASK ME, CAN HE DO THAT? YES, YES THEY CAN. I MEAN, IT'S A PUBLIC MEETING AND GENERALLY WE BROADCAST IT ANYWAY. SO THE PUBLIC IS FREE TO RECORD. SO TOMA, THE OPEN MEETINGS ACT SAYS THAT YOU HAVE TO CONDUCT ALL YOUR BUSINESS IN A MEETING. RIGHT. SO WHAT IS A MEETING? IT'S REALLY VERY GENERAL AND ENCOMPASSES A LOT IS NOT JUST WHEN YOU'RE SITTING HERE. IT'S ANY DISCUSSION OR DELIBERATION BETWEEN A QUORUM OR BETWEEN A QUORUM AND ANOTHER PERSON.THAT'S ABOUT BUSINESS OR POLICY THAT THIS BOARD CONTROLS. SO ABOUT SEAGOVILLE ECONOMIC DEVELOPMENT, IT DOESN'T INCLUDE IF THIS BOARD HAPPENED TO GO IN NUMBERS THAT WERE A QUORUM TO A CONVENTION OR A SEMINAR OR A WORKSHOP, SO LONG AS YOU ARE NOT ACTUALLY DISCUSSING CITY BUSINESS, YOU'RE YOU. YOU CAN BE THERE DISCUSSING ECONOMIC DEVELOPMENT, BUT NOT CITY
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ECONOMIC DEVELOPMENT PROJECTS. IT ALSO DOESN'T INCLUDE A SOCIAL GATHERING THAT'S UNRELATED TO THE SDC BUSINESS, WHERE THERE MAY BE A QUORUM OF YOU PRESENT JUST BECAUSE YOU ALL KNOW THE SAME PEOPLE, IT DOESN'T INCLUDE TESTIMONY BEFORE THE LEGISLATURE OR GOVERNMENT AGENCIES, EVEN IF IT'S ABOUT BUSINESS. AND IT ALSO DOESN'T INCLUDE CANDIDATE FORUMS. SO IF A QUORUM OF YOU WERE THERE, IT WOULD THAT WOULD NOT BE A MEETING OF THE SDC.YES, IT'S A QUORUM. THAT WOULD BE FOUR OF YOU. SO AND THERE WILL BE SOME EXAMPLES HERE IN A MINUTE THAT I THINK MIGHT BE ILLUMINATING. AND THEN WE CAN TALK ABOUT A LITTLE FURTHER, HAROLD. SO SECRET DELIBERATIONS OBVIOUSLY. I MEAN JUST SAYING THAT SOUNDS LIKE, NO, THAT'S NOT A GOOD IDEA. RIGHT. WELL IT'S NOT AND IT'S VIOLATES THE TEXAS OPEN MEETINGS ACT. YOU MAY NOT FOR THE PURPOSE OF DELIBERATING THE BUSINESS OF THIS BOARD, MEET IN NUMBERS LESS THAN A QUORUM, BUT THROUGH SUCCESSIVE GATHERINGS RESULT IN DISCUSSION BY A QUORUM. SO, FOR INSTANCE, IF THERE WERE THREE OF YOU AT A RESTAURANT DISCUSSING BUSINESS, THAT'S NOT A QUORUM BY ITSELF.
IT IS NOT A VIOLATION OF THE OPEN MEETINGS ACT. BUT YOU LEAVE THE RESTAURANT AND ONE OF YOU ON THE RIDE HOME CALLS UP ANOTHER BOARD MEMBER AND SAYS, HEY, I WAS JUST AT THE RESTAURANT WITH SO-AND-SO AND SO-AND-SO, AND WE WERE DISCUSSING THIS BOARD BUSINESS. AND THEN THE TWO OF YOU ON THAT PHONE CONVERSATION DISCUSS THE SAME THING THAT'S NOW A WALKING QUORUM, AND IT'S A VIOLATION OF THE OPEN MEETINGS ACT. SO A WALKING QUORUM IS THAT OVERLAPPING SERIES OF COMMUNICATIONS WITH LESS THAN A QUORUM IN EACH ONE, BUT COLLECTIVELY IT CONSTITUTES A QUORUM. SO THE GOLDEN RULE TO GUIDE YOU ON THAT IS, IF THE PUBLIC WOULD BE DEPRIVED OF THE OPPORTUNITY TO SEE AND HEAR YOU IN ACTION, CONDUCTING THE BUSINESS, THEN DON'T ENGAGE IN THAT DISCUSSION. INSTEAD, WAIT TO CONDUCT THE BUSINESS AT A PROPERLY NOTICED OPEN MEETING.
DON'T CONTACT MEMBERS BY TELEPHONE, EMAIL, TEXT, OR SOCIAL MEDIA FOR THE PURPOSE OF ARRIVING AT A DECISION OR CONSENSUS CONCERNING PUBLIC BUSINESS. POSTING COMMENTS ON SOCIAL MEDIA MAY BE CONSTRUED TO BE A MEETING, A MEETING, AND IT'S THE SAME CONCEPT IF. IF ONE OF YOU POSTS SOMETHING ON SOCIAL MEDIA ABOUT CDC BUSINESS AND THEN THREE OTHERS COMMENT THERE, YOU HAVE VIOLATED THE TEXAS OPEN MEETINGS ACT BECAUSE YOU HAVE IN A NUMBERS THAT CONSTITUTES A QUORUM, HAVE DISCUSSED CDC BUSINESS OUTSIDE OF AN OPEN MEETING. AND THEN DON'T REPLY TO ALL ON ANY EMAILS THAT ARE SENT TO THE ENTIRE BOARD, BECAUSE WE WILL SOMETIMES SEND YOU THINGS BY EMAIL SO YOU CAN BE PREPARED AHEAD OF TIME. AND I USUALLY TRY VERY HARD TO PUT AT THE BEGINNING OF THAT. IF YOU'RE GOING TO REPLY, PLEASE DO NOT REPLY TO ALL. TO AVOID THE POTENTIAL OF VIOLATING THE TEXAS OPEN MEETINGS ACT ON THE SOCIAL. FOR SOMETHING. I DON'T KNOW. YOU KNOW I WOULD. MY REACTION WOULD BE NO, THAT JUST HITTING A LIKE PROBABLY ISN'T ENOUGH TO ENGAGE IN A DISCUSSION OR DELIBERATION. I THINK IT WOULD PROBABLY TAKE A COMMENT, BUT HONESTLY, THERE'S NOT A CASE ON IT. SO, YOU KNOW, DON'T WORRY ABOUT ME BECAUSE I'M NOT JUST YEAH, IT'S A VERY GOOD QUESTION. OKAY. SO HERE'S SOME EXAMPLES THAT ARE VIOLATIONS. MEMBER A POST A COMMENT ON SOCIAL MEDIA REGARDING AN ISSUE THAT'S WITHIN THE BOARD'S JURISDICTION. AND THEN MEMBERS B, C, AND D INDIVIDUALLY COMMENT ON THE SOCIAL MEDIA PLATFORM REGARDING MEMBER A'S POST. SO THERE AGAIN YOU'VE GOT FOUR MEMBERS OF THE BOARD DISCUSSING AN ITEM THAT IS WITHIN THE PURVIEW. SO THAT'S A CLEAR VIOLATION OF TOMA, EVEN THOUGH THEY DIDN'T DISCUSS IT NECESSARILY IN THE SAME PHYSICAL LOCATION OR NECESSARILY ALL IN A GROUP. IT'S ALSO THIS ONE MEMBER
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A DISCUSSES AN ISSUE WITHIN THE BOARD'S JURISDICTION WITH MEMBER B, AND THEN MEMBER A COMMUNICATES SEPARATELY WITH MEMBER C ON THE SAME ISSUE, AND THEN MEMBER B DISCUSSES THE SAME ISSUE WITH MEMBER D NOW A AND B DON'T THINK THAT THEY HAVE VIOLATED TOMA. THEY'VE ONLY TALKED TO A HAS TALKED TO B AND C, THAT'S IT. THREE PEOPLE AS FAR AS HE KNOWS. BUT B ALSO TALKED TO D AND THAT WAS FOUR PEOPLE. SO THAT'S ONE THING IF YOU HAVE TO BE AWARE OF, IF YOU ARE DISCUSSING IT WITH SOMEBODY ELSE YOU THAT'S ON THE BOARD, JUST MAKE SURE THAT YOU YOU AGREE WE ARE NOT DISCUSSING THIS WITH ANOTHER BOARD MEMBER, BECAUSE IF WE DO, WE WILL VIOLATE TOMA. SO IF THERE ARE THREE OF YOU DISCUSSING IT, THAT HAS TO BE UNDERSTOOD AMONGST ALL OF YOU. NONE OF US CAN DISCUSS IT WITH ANY OTHER BOARD MEMBER NECESSARILY. YEAH. AND FINALLY, THE LAST EXAMPLE, MEMBER A DISCUSSES AN ISSUE WITHIN YOUR JURISDICTION WITH THE EXECUTIVE DIRECTOR, WHO THEN DISCUSSES THE SAME ISSUE INDIVIDUALLY WITH THREE OTHER MEMBERS. THAT, AGAIN, WOULD ALSO BE A VIOLATION OF TOMA. SO THERE ARE SOME TIMES WHEN YOU CAN DISCUSS MATTERS NOT IN AN OPEN MEETING, NOT IN A PUBLIC OPEN MEETING. AND THAT IS WHEN THE STATUTES ALLOW US TO GO INTO A CLOSED EXECUTIVE SESSION AND THEREFORE VERY LIMITED PURPOSES. AND AS YOU'VE SEEN IN THE AGENDAS, WE HAVE TO CITE THE SECTION, THE STATUTE THAT WE'RE GOING INTO CLOSED EXECUTIVE SESSION UNDER. AND WE HAVE TO PROVIDE THE DETAILS OF THE SUBJECT MATTER THAT WE'RE GOING TO DISCUSS FOR THE IT CAN BE DONE FOR THE PURPOSES OF ECONOMIC DEVELOPMENT DELIBERATIONS, WHICH IS THE ONE WE NORMALLY USE FOR THE EDC. ALSO PERSONNEL MATTERS. WE CAN DISCUSS REAL ESTATE MATTERS, PARTICULARLY BECAUSE IF THOSE DISCUSSIONS, IF THEY WERE HELD IN PUBLIC, WOULD MAKE IT WHERE WE WERE AT A NEGOTIATING DISADVANTAGE, SO WE CAN HOLD THOSE IN, IN PRIVATE AND TO ASK FOR LEGAL ADVICE WITH THE CITY ATTORNEY. AND LIKE I SAID, WE STILL HAVE TO POST NOTICE OF THOSE. WE CAN CONDUCT AN EXECUTIVE SESSION FOR LEGAL ADVICE, EVEN IF IT'S NOT POSTED ON THE AGENDA. EVEN IF IT DOESN'T SAY WE WILL CONVENE INTO EXECUTIVE SESSION FOR LEGAL ADVICE, YOU CAN STILL DO IT ON ANY ITEM THAT'S ON THE AGENDA.BUT IT BUT IT HAS TO BE JUST FOR AN ITEM ON THE AGENDA. WE CAN CALL IT A MEETING. THAT'S RIGHT.
IF THERE'S ANY ITEM ON THE AGENDA, EVEN IF THERE'S NOT AN EXECUTIVE SESSION ON THE AGENDA FOR THAT ITEM. BUT YOU'D LIKE TO GET SOME LEGAL ADVICE. YOU CAN ASK FOR AN EXECUTIVE SESSION EVEN IF. THE AGENDA ITEM THE COUNCIL AND FREQUENTLY WHAT WILL HAPPEN IS SOMEBODY WILL ASK ME A QUESTION, AND IT'S A QUESTION THAT I'M GOING TO GIVE SOME LEGAL ADVICE THAT I NEED TO GIVE IN A CLOSED SESSION, NOT IN AN OPEN SESSION. SO I'LL JUST SAY I WOULD RECOMMEND THAT WE GO INTO EXECUTIVE SESSION FOR THAT. SO HERE'S THE PROCEDURE. FOR AN EXECUTIVE SESSION, YOU HAVE TO START IN AN OPEN SESSION AND THEN CONVENE INTO THE EXECUTIVE SESSION. A CERTIFIED AGENDA HAS TO BE KEPT. THAT INCLUDES THE ANNOUNCEMENT OF THE TIME AT THE BEGINNING AND THE END OF THE EXECUTIVE SESSION, AND THE SUBJECT MATTER THAT WAS DISCUSSED. AND IT SAYS, AND ANY ACTION TAKEN THAT'S FROM THE STATUTE, I FEEL LIKE THAT'S A TRAP BECAUSE WE CAN'T TAKE ACTION IN AN EXECUTIVE SESSION. SO I ALWAYS JUST WRITE. NO ACTION WAS TAKEN DURING EXECUTIVE SESSION. ATTENDANCE IS LIMITED TO PERSONS THAT ARE NECESSARY FOR THE DISCUSSION, AND WHOSE INTERESTS ARE NOT ADVERSE TO THE CDC OR THE CITY. AND, YOU KNOW, WE WILL FREQUENTLY CALL IN AN APPLICANT, YOU KNOW, TO HEAR MORE OR ASK THEM MORE QUESTIONS ABOUT THEIR FINANCIAL SITUATIONS, ETC. AND THAT CAN BE DONE SO THEY CAN BE IN THERE FOR THOSE PURPOSES. YOU CAN'T VOTE OR TAKE AN OFFICIAL FINAL ACTION IN A CLOSED SESSION, AND YOU CAN'T EVEN TAKE A STRAW POLL IN AN IN EXECUTIVE SESSION. NOW, YOU CAN GIVE ME AN INFORMAL CONSENSUS OF WHAT YOU WANT ME TO DO. LIKE, DO YOU WANT ME TO GO AHEAD AND PREPARE AN AGREEMENT, SOMETHING THAT DOESN'T TAKE A VOTE? ANYWAY? YOU CAN GIVE ME THAT KIND OF INFORMAL CONSENSUS OR DIRECTION
[00:30:03]
OR GIVE KIRK THAT KIND OF DIRECTION. BUT IF IT'S SOMETHING THAT WOULD REQUIRE YOU TO TAKE A VOTE, YOU CAN'T TAKE A FAKE OR STRAW VOTE IN EXECUTIVE SESSION. YOU CAN'T TAKE A REAL ONE. YOU GOT TO WAIT AND COME OUT AND DO IT IN PUBLIC. ALL YOUR DECISIONS HAVE TO BE MADE IN PUBLIC. TOMA PROHIBITS THE DISCLOSURE OF THE CERTIFIED AGENDA OF A CLOSED SESSION. TOMA DOESN'T PROHIBIT MEMBERS FROM MAKING PUBLIC STATEMENTS ABOUT THE SUBJECT MATTER OF AN EXECUTIVE SESSION, BUT IT'S A VIOLATION OF THE CITY'S CODE OF ETHICS. AND I WOULD STRONGLY URGE AGAINST IT, BECAUSE IT MOST LIKELY WOULD ALSO WAIVE YOUR ATTORNEY CLIENT PRIVILEGE. AND WHEN I SAY YOUR I MEAN THE BOARD'S ONE ONE MEMBER BY DISCLOSING THAT COULD WAIVE THE ENTIRE BOARD'S ATTORNEY CLIENT PRIVILEGE. SO BOARD MEMBERS SHOULD RESPECT THE PRIVILEGE AFFORDED TO CONDUCT THE CLOSED MEETING. AND IF THERE'S NO INTENTION TO KEEP THE MATTER PRIVILEGED AND CONFIDENTIAL, THEN THE BOARD SHOULDN'T EVEN DELIBERATE IN A CLOSED MEETING. SO WHAT ARE THE CONSEQUENCES FOR A VIOLATION OF THE OPEN MEETINGS ACT? IF ACTION IS TAKEN IN VIOLATION OF THE OPEN MEETINGS ACT, IT'S VOIDABLE. THAT MEANS IT CAN BE IT CAN STILL BE CURED. EVEN IF SOMEONE SAYS THAT HAS TO BE VOIDED, WE CAN STILL THEN JUST REDO IT. IN MOST CIRCUMSTANCES, MEMBERS WHO KNOWINGLY CALL OR AID IN CALLING OR ORGANIZING AN ILLEGAL CLOSED MEETING OR PARTICIPATE IN ONE CAN BE FOUND GUILTY OF A MISDEMEANOR DISCLOSURE OF THE CERTIFIED AGENDA, OR THE TAPE RECORDING OF A CLOSED MEETING IS A MISDEMEANOR, AND WE DON'T DO A TAPE RECORDING. IT'S AN EITHER OR IN THE STATUTE, AND WE DO THE CERTIFIED AGENDA, BUT IT WOULD BE A MISDEMEANOR TO DISCLOSE IT. PARTICIPATION IN A CLOSED MEETING WITH KNOWLEDGE THAT THE CERTIFIED AGENDA IS NOT BEING KEPT IS ALSO A MISDEMEANOR. OTHER POTENTIAL CONSEQUENCES TO CONSIDER. MEMBERS ARE LIABLE FOR DAMAGES FOR PERSONAL INJURY, LOST WAGES, DEFAMATION, MENTAL OR EMOTIONAL DISTRESS, REASONABLE ATTORNEY'S FEES AND COURT COSTS. IF AN INDIVIDUAL IS SLANDERED DURING AN OPEN OR A CLOSED MEETING. BECAUSE TO QUALIFY AS TENDER IT JUST HAS TO BE PUBLISHED AND IT CAN BE PUBLISHED EVEN IN A CLOSED MEETING. BECAUSE THERE ARE OTHER MEMBERS THERE. PUBLISH JUST MEANS COMMUNICATED. OKAY, SO THE TEXAS PUBLIC INFORMATION ACT.THE ACT MAKES PUBLIC, THAT IS, IT GIVES ACCESS TO THE PUBLIC TO ALL THE INFORMATION THAT THIS BOARD EITHER CREATES OR OR OWNS IN CONNECTION WITH THE TRANSACTION OF CDC BUSINESS. IT INCLUDES EVERY FORM OF INFORMATION THAT THE CDC HAS ACCESS TO OR OWNS. THAT'S EMAILS, TEXT MESSAGES, SOCIAL MEDIA POSTS, PAPER AND ELECTRONIC RECORDS, VIDEO RECORDINGS, AUDIO RECORDINGS, EVERYTHING. BECAUSE, YOU KNOW, WE CAN'T EVER FORGET THIS IS THE THIS IS THE PUBLIC'S MONEY. WE ARE DOING THEIR WORK AND THESE RECORDS ARE THEIR RECORDS. THE PUBLIC INFORMATION ACT ALLOWS MEMBERS OF THE PUBLIC TO SUBMIT REQUESTS TO THE CITY AND TO THE CDC FOR EITHER COPIES OR INSPECTION OF PUBLIC INFORMATION. THE CDC CANNOT INQUIRE INTO THE REQUESTER'S MOTIVES FOR REQUESTING THE INFORMATION. AND AS SOME OF YOU PROBABLY KNOW, IT IS A PRETTY ROBUST BUSINESS. MY FIRM DOES A LOT OF WORK ON OPEN RECORDS, REQUEST PUBLIC INFORMATION REQUEST FOR OUR CLIENT CITIES. SO IT'S NOT SOMETHING TO JUST SAY, OH, NOBODY WILL EVER DO THAT. OR MAYBE THE MEDIA DOES IT. I'M I'M GOING TO SAY CONSERVATIVELY, WE PROBABLY PROCESS ANYWHERE FROM 50 TO 100 OPEN RECORDS REQUESTS A WEEK.
YEAH, THAT'S A LOT A LOT OF PEOPLE ASKING FOR INFORMATION. SO JUST BE AWARE THAT'S, YOU KNOW, IT'S OUT THERE AND IT'S IT IS PUBLIC INFORMATION. YOUR EMAILS, YOUR TEXT MESSAGES AND YOUR SOCIAL MEDIA POSTS THAT RELATE TO CDC BUSINESS ARE PUBLIC. THEY'RE PUBLIC INFORMATION, EVEN IF THEY'RE ON YOUR HOME COMPUTER, YOUR PERSONAL CELL PHONE OR YOUR
[00:35:01]
PRIVATE LAPTOP. IF THEY RELATE TO CDC BUSINESS, THEY ARE PUBLIC RECORDS AND THEY BELONG TO THE CDC HOME AND PERSONAL EMAIL ACCOUNTS, TEXT MESSAGES. ET CETERA. ALL COVERED. I HAVE A QUESTION HERE. DO THEY HAVE A CITY ISSUED EMAIL? I.WAS FEATURES CITY. I ASKED IF THE DISCOVERY COMES UP. YOU'RE USING YOUR PERSONAL EMAIL. GO THROUGH ALL YOUR E-MAILS TO SEE IF THERE'S ANY. AND THAT'S SOMETHING THAT YOU KNOW YOU COULD DEFINITELY IMPLEMENT. I'M SURE IT WOULDN'T BE, YOU KNOW, A HUGE TASK FOR THE CITY TO JUST ASSIGN EMAILS. AND THEN WE USE THOSE EMAILS FOR THE CDC BUSINESS. YEAH.
I'D TO BRING THAT UP. YEAH. SLANDER MEANS IT HAS IT HAS TO BE FALSE. SO, YOU KNOW, PEOPLE CAN SAY A LOT OF BAD THINGS ABOUT ME, BUT IF THEY'RE TRUE, IT'S NOT SLANDER. RIGHT. SO YEAH, IT WOULD HAVE TO BE FALSE. WELL THAT'S JUST GOING TO BE ON A CASE BY CASE BASIS. YOU KNOW, IF YOU KNOW SOMETHING IS INCORRECT FOR A CERTAINTY THERE, THEN I DON'T SEE ANY REASON THAT YOU COULDN'T ASK THE PRESENTER ABOUT THAT IN AN OPEN SESSION. YOU ALSO, IF WE'RE GOING TO BE MEETING IN EXECUTIVE SESSION, WE WOULD HAVE THE ABILITY TO CALL THEM BACK THERE. SO YOU MAY JUST, YOU KNOW, WANT TO WAIT AND DO IT THAT WAY. AND ALSO, MISS SHERMAN, IT WOULDN'T BE SLANDER IF YOU SAID, I DON'T KNOW, BUT I HAVE HEARD THIS. IT MAY OR MAY NOT BE TRUE, BUT I WANT YOU TO BE AWARE OF IT. YOU KNOW, THEN THAT'S NOT SLANDER, BECAUSE I'M NOT THAT'S NOT SAYING SOMETHING AS A FACT THAT IS SAYING THAT, YOU KNOW, THIS IS WHAT I'VE HEARD. I DON'T KNOW IF IT'S TRUE. OKAY. SO TEMPORARY RECORDS, CUSTODIAN, THE TEXAS LEGISLATURE WAS GETTING A LITTLE FED UP WITH PEOPLE WHO WERE SAYING, WELL, I DON'T HAVE THAT ANYMORE ON MY ON MY PRIVATE CELL PHONE OR WHATEVER, YOU KNOW, BECAUSE I DIDN'T KNOW I HAD TO KEEP IT. SO THEY AMENDED THE TEXAS PUBLIC INFORMATION ACT MAYBE FOUR, FOUR YEARS AGO, FIVE YEARS AGO, TO SAY THAT EVERY ONE OF YOU IS NOW WHAT'S CALLED A TEMPORARY RECORDS CUSTODIAN. SO IF, FOR INSTANCE, YOU HAVE ON YOUR CELL PHONE A COUPLE OF TEXT MESSAGES ABOUT CDC BUSINESS, AND THERE MAY BE NOTHING WRONG WITH THAT. IT'S JUST FROM ONE OF YOU TO ANOTHER OF YOU ABOUT, YOU KNOW, SOME PART OF BUSINESS THAT JUST BETWEEN TWO OF YOU, IT DIDN'T VIOLATE THE OPEN MEETINGS ACT. BUT IT IS ABOUT CDC BUSINESS. THAT'S AN CDC RECORD. UNTIL YOU GIVE IT TO CASEY, SEND HER A SCREENSHOT OR WHATEVER YOU WANT TO DO TO GIVE HER THAT RECORD. YOU ARE THE TEXAS STATE LAW CONSIDERS YOU TO BE THE RECORDS CUSTODIAN OF THAT UNTIL YOU GIVE IT TO CASEY AND TELL HER ONCE YOU PASS IT TO HER, THEN YOU SAY, HERE, THIS IS ABOUT CITY BUSINESS. I DON'T WANT TO KEEP IT. I DON'T WANT TO BE THE RECORDS CUSTODIAN. IT'S YOURS. BUT UNTIL THEN, YOU'RE REQUIRED TO KEEP IT AND YOU CAN'T DELETE IT. I'VE SAID THAT MORE THAN ONCE. SO WHAT DO I. I THINK I'VE COVERED ALL THIS ALREADY APPLIES TO TEXT MESSAGES, SOCIAL MEDIA POST VOICE MESSAGES, ANYTHING THAT'S CREATED IN THE COURSE OF CONDUCTING CDC BUSINESS. AND YOU MAY NOT BE YOU MAY NOT THINK YOU'RE CONDUCTING BUSINESS. BUT IF IT IS ABOUT THE CDC AND IT'S A COMMUNICATION ABOUT CDC BUSINESS, THEN IT IS A PUBLIC RECORD AND CDC PUBLIC RECORD FAILURE, FAILURE TO PROVIDE THE INFORMATION MAY SUBJECT THE TEMPORARY RECORDS CUSTODIAN TO CRIMINAL AND CIVIL PENALTIES
[00:40:01]
UNDER THE PUBLIC INFORMATION ACT. SO JUST ONE MORE MINUTE ABOUT SOCIAL MEDIA. AND EVERYBODY KNOWS WHAT I MEAN BY SOCIAL MEDIA. FACEBOOK, YOUTUBE, TIKTOK, NEXTDOOR, SNAPCHAT, INSTAGRAM. I DON'T EVEN KNOW ALL THE OTHERS. YOU KNOW, I FELL OUT OF THE LOOP A LONG TIME AGO. BUT BUT WE WANT TO AVOID THE APPEARANCE ON SOCIAL MEDIA THAT MEMBERS ARE DELIBERATING BY POSTING COMMENTS RELATING TO PUBLIC BUSINESS, AND IT'S A FINE LINE TO WALK, PARTICULARLY FOR COUNCIL MEMBERS, BUT ALSO FOR CDC BOARD MEMBERS, BECAUSE YOU DO WANT TO INFORM THE PUBLIC AND YOUR CONSTITUENTS. YOU WANT PEOPLE TO KNOW WHAT'S GOING ON. BUT MY SUGGESTION FOR YOU IS IF YOU WANT TO DO THAT, THEN MAYBE POST AND TURN OFF THE ABILITY TO COMMENT, YOU KNOW, SO THAT IT'S NOT GOING TO BE A DISCUSSION PLATFORM, BECAUSE THOSE POSTING OF COMMENTS CAN BE CONSTRUED AS AN ILLEGAL MEETING, AND THE TEMPORARY RECORDS CUSTODIAN REQUIREMENTS WOULD APPLY UNTIL YOU SEND THOSE SOCIAL MEDIA POSTS TO CASEY. IT IS ANYTHING THAT IS WITHIN THE CONTROL OR THE PURVIEW OF THE CDC, WHICH IS REALLY BROAD. SO BASICALLY, IF IT IS SOMETHING THAT THE CDC COULD CONSIDER AS IT'S DOING BUSINESS LIKE HERE RIGHT NOW, IF WE COULD CONSIDER IT BECAUSE WE HAVE THAT AUTHORITY UNDER OUR BYLAWS AND OUR AND OUR ARTICLES OF INCORPORATION, THEN THAT'S CDC BUSINESS IF WE ARE DISCUSSING THAT. SO. IF THERE'S A FACEBOOK POST. COULD BE A POLICY. I DON'T KNOW. LET'S, LET'S SAY, OKAY, SOMEBODY'S NOT AN CDC BOARD MEMBER SAID WHAT RESTAURANTS WOULD YOU LIKE TO SEE? JUST, YOU KNOW, A RANDOM QUESTION. IT'S NOT IN THE IN THE CONTEXT OF CDC BUSINESS. AND THEN MEMBERS COMMENT JUST AS INDIVIDUALS, NOT NECESSARILY AS CDC BOARD MEMBERS. I DON'T KNOW THAT THAT WOULD QUALIFY AS SOMETHING THAT YOU'D HAVE TO GIVE TO CASEY. SO YOU DON'T HAVE TO PRESERVE IT FOREVER. I THINK IT WOULD BE DIFFERENT IF ONE IF IT ORIGINATED WITH ONE OF US, WITH ONE OF YOU, IF PARTICULARLY IF IT ORIGINATED AND ON YOUR FACEBOOK PAGE OR WHATEVER YOU'VE GOT, YOU KNOW, JOSE HERNANDEZ, CHAIRMAN, CDC, YOU KNOW, AND THEN YOU'RE SAYING, WHAT RESTAURANTS WOULD YOU LIKE TO SEE COME THEN IF YOU'VE GOT THREE MORE BOARD MEMBERS DOWN THERE, THAT PROBABLY IS GOING TO BE A TOMA VIOLATION. AND IT PROBABLY ALSO IS A PUBLIC RECORD. BUT. WELL, I, I GET THAT. BUT THE CONSIDERATION OF WHICH ONES TO GO AFTER AND WHICH ONES TO, YOU KNOW, ARE WE NOT INTERESTED IN ALL OF THAT'S WITHIN THE PURVIEW OF THE CDC. SO IT IS IT'S NOT ONE I'D BE SUPER CONCERNED ABOUT. I'D BE WAY MORE CONCERNED, LIKE YOU'RE SAYING, IF IT WAS SOMETHING, YOU KNOW, REGARDING A SPECIFIC PROJECT, BUT, YOU KNOW, YOU ALSO HAVE THE ABILITY TO LOOK AT, YOU KNOW, WHAT PROJECTS YOU ARE OR ARE NOT INTERESTED IN. AND THAT'S KIND OF WHAT THAT IS. SO IT'S SOMETHING YOU SHOULD MAYBE BE CAREFUL ABOUT. YOU KNOW, I DON'T THINK JUST THE POSTING RANDOMLY AS AN INDIVIDUAL ON SOMEBODY ELSE'S, LIKE, I DON'T THINK YOU GIVE UP YOUR RIGHT OF FREE SPEECH TO SAY, THIS IS WHAT I'D LIKE TO SEE. BUT IN THE CONTEXT OF THE CDC, IF IT'S PRESENTED IN THAT WAY, THEN I THINK, YES, YOU KNOW, THE CDC WOULD LIKE TO KNOW WHAT RESTAURANTS WOULD YOU LIKE TO SEE COME. THAT'S CLEARLY RIGHT. I FOLLOW ALL OF THESE. SO ALL RIGHT. AND I'VE TRIED TO MAKE THIS LESS SCARY OVER THE YEARS. BUT FINALLY, LAWSUITS AND LIABILITY LAWSUITS AGAINST MEMBERS OF THE BOARD FOR DAMAGES ARE VERY REMOTE, BUT THEY ARE POSSIBLE. THE CDC HAS INSURANCE FOR COVERED CLAIMS, AND ALSO THE CITY PROVIDES INDEMNITY, WHICH OF COURSE MEANS IF YOU'RE FOUND TO BE LIABLE FOR PAYING A JUDGMENT, THE CITY WILL MAKE YOU[00:45:04]
WHOLE. WHEN A MEMBER IS SUED AND THE MEMBERS OFFICIAL CAPACITY. IT'S THE SAME THING ESSENTIALLY AS A SUIT AGAINST THE CDC. WHEN A MEMBER IS SUED IN THAT MEMBER'S PERSONAL CAPACITY, IT REPRESENTS A CLAIM THAT THE INDIVIDUAL MEMBER HAS TAKEN ILLEGAL ACTION UNDER COLOR OF LAW, FOR WHICH THE MEMBER SHOULD BE HELD PERSONALLY LIABLE. YOU'LL HAVE IMMUNITY TO MOST CLAIMS IF YOU ACT IN GOOD FAITH EXERCISE OF YOUR DUTIES, BUT YOU WON'T HAVE ANY IMMUNITY IF YOU ACT CONTRARY TO LEGAL ADVICE OR IN YOUR PERSONAL CAPACITY. THAT IS, IF YOU ACT CONTRARY TO LEGAL ADVICE. AND SO, EVEN THOUGH YOU MAY BE COVERED IN IN CIVIL SUITS, OF COURSE THE CITY CAN'T INDEMNIFY YOU IN A CRIMINAL MATTER, BUT IN A CIVIL SUIT YOU'LL MOST LIKELY BE COVERED.BUT THE CITY WILL HAVE TO CONTEND WITH ITS INSURANCE CARRIER, TEXAS MUNICIPAL LEAGUE.
INTERGOVERNMENTAL RISK POOL DENYING COVERAGE BECAUSE OF YOUR ILLEGAL ACTION, BECAUSE THEY DON'T COVER ANY MEMBERS LIABILITY IN A PERSONAL CAPACITY FOR ILLEGAL ACTION. SO YOU'D HAVE IT. WOULD ALL THAT TO SAY, IT'S PROBABLY NOT SOMETHING YOU WANT, YOU WANT ON YOUR RECORD IN YOUR COMMUNITY. ON THAT IMMUNITY QUALIFIED AND OFFICIAL IMMUNITY OR OR ESSENTIALLY THE SAME THING. THE IMMUNITY SHIELDS YOU FROM LIABILITY FOR CIVIL DAMAGES UNDER FEDERAL AND STATE LAW. IN FEDERAL COURTS, IT'S CALLED QUALIFIED. AND IN STATE LAW, IT'S CALLED OFFICIAL. YOU'RE PROTECTED. IF YOUR ACTIONS ARE REASONABLE AND DON'T VIOLATE CLEARLY ESTABLISHED LAWS. I HAD A LAW PROFESSOR WHO WAS FOND OF SAYING IT PROTECTS ALL BUT THE PLAINLY INCOMPETENT OR THOSE WHO KNOWINGLY VIOLATE THE LAW. AND THAT'S PRETTY SUCCINCT. YOU DON'T HAVE TO BE EDUCATED IN CURRENT CONSTITUTIONAL LAW EITHER, TO BE PROTECTED. LIBEL AND SLANDER MEMBERS MAY BE EXPOSED TO PERSONAL LIABILITY FOR COMMUNICATIONS THAT INFRINGE ON THE RIGHTS OF OTHERS. IF IT'S WRITTEN, IT'S LIABLE. IF IT'S VERBAL, IT'S SLANDER. THERE IS NO INSURANCE COVERAGE FOR INTENTIONAL TORTS, AND THAT INCLUDES LIBEL AND SLANDER. SO AGAIN, YOU'D BE IN A SITUATION WHERE THERE'D BE NO INSURANCE COVERAGE. YOU'D BE LOOKING TO THE CITY TO TRY TO INDEMNIFY YOU FOR YOUR ACTIONS THAT WERE TAKEN, YOUR ILLEGAL ACTIONS THAT WERE TAKEN. OKAY. I THINK THIS IS THE LAST SECTION. REAL QUICK CONFLICT OF INTEREST LAWS. ETHICS ARE REALLY AT THE HEART OF CONFLICTS OF INTEREST LAWS. AS BOARD MEMBERS, YOU OWE A FIDUCIARY DUTY OF HONESTY, LOYALTY, AND THE AFFIRMATIVE DUTY TO DISCLOSE MATERIAL INFORMATION ARISING OUT OF YOUR RELATIONSHIP TO THE CDC. YOU ARE SUBJECT TO STATE AND LOCAL ETHICS LAWS AND TO THE CITY CODE OF CONDUCT. YOU MAY NOT HAVE AN INTEREST IN ANY CONTRACT WITH THE CITY OR WITH THE SEAGOVILLE ECONOMIC DEVELOPMENT CORPORATION. THEY'RE REALLY JUST COMMON SENSE RULES. WHEN A POTENTIAL ISSUE ARISES, OR IF YOU BELIEVE THERE MAY BE A CONFLICT, SEEK THE ADVICE OF EITHER KIRK OR ME. THE WHEN DO I HAVE A CONFLICT OF INTEREST? A PERSON HAS A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY. IF THAT PERSON OWNS 10% OR MORE OF THE VOTING STOCK OF THAT BUSINESS ENTITY, OR OWNS EITHER 10% OR MORE, OR $15,000 OR MORE OF THE FAIR MARKET VALUE OF THE BUSINESS ENTITY ITSELF. ALSO, A PERSON ALSO HAS A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY IF THE FUNDS RECEIVED BY THAT PERSON FROM THE BUSINESS ENTITY EXCEED 10% OF THE PERSON'S GROSS INCOME FOR THE PREVIOUS YEAR, AND IF YOU HAVE A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY, YOU HAVE A CONFLICT OF INTEREST. SO THAT'S SOMETHING TO KEEP IN MIND. GENERALLY, IF IT'S A COMPANY YOU WORK FOR, THEN YOU'RE GOING TO HAVE A CONFLICT OF INTEREST, RIGHT? OR A COMPANY THAT YOU OWN A SUBSTANTIAL INTEREST IN 10% OR MORE OR 15,000, IN FAIR MARKET VALUE.
WHAT ABOUT REAL PROPERTY? BECAUSE SOMETIMES WE'RE LOOKING AT AT REAL PROPERTY AS WELL AS A BUSINESS ENTITY, RIGHT? A PERSON HAS A SUBSTANTIAL INTEREST IN REAL PROPERTY IF THEIR INTEREST IS AN EQUITABLE OR ILLEGAL OWNERSHIP INTEREST, WITH A FAIR MARKET VALUE OVER $2,500 2500 OR MORE. SORRY. NOW ALSO, IT DOESN'T THAT THAT CONFLICT OF INTEREST DOESN'T INCLUDE JUST
[00:50:04]
YOU. IF YOU OR A PERSON THAT YOU'RE RELATED TO IN THE FIRST DEGREE BY CONSANGUINITY OR AFFINITY, IF THAT PERSON HAS THAT SAME INTEREST IN EITHER THE BUSINESS ENTITY OR THE REAL PROPERTY, THEN YOU HAVE A CONFLICT OF INTEREST. SO AFFINITY MEANS BY MARRIAGE, CONSANGUINITY MEANS BY BLOOD. THE FIRST DEGREE BY BLOOD IS YOUR PARENTS, YOUR CHILDREN, AND YOUR BROTHERS AND SISTERS AND THE FIRST DEGREE BY AFFINITY, BY MARRIAGE IS YOUR SPOUSE, YOUR STEP PARENTS, YOUR IN-LAWS, YOUR STEPCHILDREN, YOUR CHILDREN IN-LAW, AND YOUR SIBLINGS THAT ARE STEP OR ARE IN LOSS. DIVORCE WOULD END AFFINITY UNLESS THERE'S A LIVING CHILD, AND THEN THAT AFFINITY CONTINUES FOR PURPOSES OF CONFLICT OF INTEREST. AS LONG AS THE CHILD OF THAT MARRIAGE IS ALIVE. SO WHEN YOU BELIEVE THAT EITHER YOU OR SOMEBODY ON THIS LIST PARENT, CHILD, SIBLING. IN-LAW, OR STEP MAY HAVE THAT INTEREST THAT WE JUST TALKED ABOUT IN IN EITHER A BUSINESS ENTITY OR REAL PROPERTY, THEN YOU NEED TO COME SEE KIRK OR ME, BECAUSE IT'S VERY LIKELY THAT YOU WOULD NEED TO ABSTAIN FROM PARTICIPATION BECAUSE YOU WOULD HAVE THAT CONFLICT OF INTEREST. IT IS IMPUTED TO YOU. IT WELL, IF YOU DIDN'T KNOW ABOUT IT, THERE'S REALLY NOT MUCH WAY YOU CAN, YOU KNOW, YOU CAN BE AFFECTED BY IT. YOU KNOW, SOMEBODY MAY TRY TO BRING IT UP AFTER THE FACT, BUT, YOU KNOW, YOU JUST AT THAT POINT YOU'RE JUST GOING TO HAVE TO TRY TO PROVE THAT YOU HAD NO KNOWLEDGE THAT THAT INTEREST EXISTED. BUT WE HAD A SITUATION ARISE IN ANOTHER CITY OF MINE RECENTLY WHERE A COUNCIL MEMBER, HIS SON IN LAW, WAS A PASTOR AT A CHURCH. AND SO THE ISSUE WAS, YOU KNOW, DID THE CHURCH WAS COMING FORWARD FOR A ZONING. I THINK THAT CASE, I THINK AND SO THE ISSUE WAS, DID HE HAVE TO ABSTAIN OR COULD HE PARTICIPATE? AND OF COURSE, HE HAD TO ABSTAIN BECAUSE SOMEBODY RELATED TO HIM WITHIN THE FIRST DEGREE RECEIVED 10% OR MORE OF THEIR INCOME FROM THE BUSINESS ENTITY. THAT WAS BEFORE THE COUNCIL. SO, YOU KNOW, IT'S IT CAN BE A LITTLE CONVOLUTED TO FIGURE OUT, BUT, YOU KNOW, CONVOLUTED IS MY MIDDLE NAME. SO JUST GIVE ME A CALL. AND SO HERE AGAIN, WHAT DO I DO IF I SUSPECT A CONFLICT OF INTEREST? THE FIRST THING YOU DO IS YOU ADVISE KIRK AND SEEK MY OPINION. AND IF I CONFIRM THAT YOU HAVE A CONFLICT OF INTEREST, STATE LAW REQUIRES YOU TO FILE TO SUBMIT AN AFFIDAVIT TO THE CITY, TO THE BOARD SECRETARY. THAT EXPLAINS THAT CONFLICT. AND THEN YOU HAVE TO RECUSE YOURSELF FROM ALL DISCUSSION AND FROM THE VOTE ON THAT MATTER. THE COUNCIL RULES SAY THAT YOU HAVE TO EXCUSE YOURSELF FROM THE ROOM. AND SO THAT'S NORMALLY WHAT WE DO. THE STATE LAW SAYS THAT YOU CAN BE PRESENT EVEN IN EXECUTIVE SESSION, BUT THAT YOU CAN'T SPEAK OR PARTICIPATE IN ANY MANNER. I'M MORE COMFORTABLE WITH THE CITY'S RULES, AND AS BOARD MEMBERS, WE DO HAVE TO FOLLOW THOSE. CONSEQUENCES FOR FAILURE TO RECUSE THE BOARD. ACTION IS VOIDABLE, AND IN SOME INSTANCES, UNLESS IT WOULD HAVE PASSED WITHOUT THE VOTE OF THE THAT IS, AND IN SOME INSTANCES UNLESS IT WOULD HAVE PASSED WITHOUT THE VOTE OF THE PERSON WHO HAD THE CONFLICT. AND EVEN THAT IS A HARD THING TO LITIGATE, BECAUSE I'VE DONE IT. A KNOWING VIOLATION OF THE ETHICS LAWS IS A CLASS A MISDEMEANOR PUNISHABLE BY FINE OR CONFINEMENT. FOR BOARD MEMBERS THAT ARE. IT COMES UP A FUNDRAISER. DO THEY RECEIVE INCOME? TECHNICALLY, THEY TECHNICALLY THEY WOULD NOT HAVE TO ABSTAIN BECAUSE THEY THEY DON'T MEET THE REQUIREMENTS OF ANY OF THE STATE LAW. REQUIREMENTS FOR THEM MANDATORILY HAVING TO ABSTAIN.IT. THEY ABSOLUTELY COULD ABSTAIN IF THEY FELT LIKE THERE WAS A CONFLICT. AND LET'S SAY
[00:55:02]
THERE WERE FOUR OF THEM. SO THEN THAT LEAVES US ONLY THREE. THE STATUTES COVER THAT AND PROVIDE THEN IN THAT INSTANCE THAT THAT THOSE MEMBERS WITH A CONFLICT CAN STILL VOTE. SO.ANY OTHER QUESTIONS? YEAH. AND SO. MY ADVICE ON THAT IS ALWAYS IF IT IF IT'S AS A COUNCIL MEMBER, IT'S ALWAYS TO DIRECT THEM TO THE CITY MANAGER BECAUSE YOU KNOW THAT IT IS THE CITY MANAGER'S JOB TO MEET WITH THEM ABOUT BUSINESS DEVELOPMENT, ETCETERA. AND THEN OF COURSE, BRING THAT TO THE COUNCIL. AND SO FOR THE SDC, MY RECOMMENDED RESPONSE WOULD BE THANK YOU FOR YOUR COMMUNICATION. PLEASE DIRECT YOUR COMMUNICATION TO OR I HAVE FORWARDED IT TO THE EXECUTIVE DIRECTOR GIVING, YOU KNOW, HIS NAME AND NUMBER AND LET HIM KNOW THAT THAT KIRK'S THE ONE THAT THAT WOULD HANDLE THAT AND HAVE THOSE MEETINGS WITH THEM BECAUSE OTHERWISE, I MEAN, YOU KNOW, IT IT IS ENTICING, PARTICULARLY IF IT'S A IF IT'S A BUSINESS THAT YOU'RE REALLY, REALLY INTERESTED IN AND INTERESTED IN HAVING COME TO THE CITY, IT'S ENTICING FOR YOU TO WANT TO SAY, OH, YEAH, I'LL GO MEET WITH THEM, YOU KNOW? BUT IF THAT BEGINS TO HAPPEN A LOT, THEN IT KIND OF GETS A LITTLE BIT OUT OF CONTROL AND THROWS THE BOARD OUT OF KILTER, BECAUSE ALL OF A SUDDEN THE BOARD MEMBERS ARE ACTUALLY DOING THE WORK OF THE EXECUTIVE DIRECTOR, NOT TO SAY THAT THEY CAN'T BE INVOLVED IN IT, BUT THEY NEED TO BE INVOLVED WITH THE EXECUTIVE DIRECTOR. THE EMAILS THAT I NEEDED TO TAKE UP. I WATCHED THE VIDEO, BUT IT DIDN'T SHOW UP. ARE WE REQUIRED TO DO THAT? ALL RIGHT. WELL, THANK YOU GUYS. THANK YOU. ALL RIGHT. SO IN THE WORK SESSION AT 6:00. SO. I BELIEVE IT'S ACTUALLY SET UP ON THE. SORRY. I CALL TO ORDER THE
[REGULAR SESSION- 6:30 P.M.]
[Regular Agenda]
REGULAR SESSION AT 6:30 P.M. STARTING WITH REGULAR AGENDA ITEMS. CONSIDER APPROVAL OF THE MINUTES FOR THURSDAY, JUNE 12TH. REGULAR MEETING. WE HAVE ANY CHANGES TO THE MINUTES THAT WERE POSTED. OKAY, IF I COULD HAVE A MOTION, PLEASE A SECOND MOVE. WE APPROVE THE CONSENT AGENDA. I HAVE A MOTION ON THE FLOOR BY MR. MCGILL, SECOND BY MR. BROWN. ALL IN FAVOR, RAISE YOUR RIGHT HAND. NONE OPPOSED. IF YOU COULD MOVE THE SLIDE, MA'AM, PLEASE. DISCUSS AND CONSIDER SELECTION OF A BOARD CHAIR AND VICE CHAIR FOR THE ECONOMIC DEVELOPMENT CORPORATION. SO ENTERTAINING NOMINEES FOR CHAIR AND VICE CHAIR. I'M NOT. MR. CHAIR. I HAVE A NOMINEE FOR CHAIR AS JOSE HERNANDEZ. I'VE BEEN NOMINATED AS CHAIR. JOSE HERNANDEZ AS CHAIR. ALL IN FAVOR, RAISE YOUR RIGHT HAND. OKAY, NOW I NEED A NOMINEE. MOTION FOR NOMINEE FOR VICE CHAIR. RIGHT NOW, WE HAVE MR. MCGILL AS VICE CHAIR. OKAY. NO, I'M NOT SAYING THAT. JUST ASK WHO SITS AT THAT POSITION RIGHT NOW? RIGHT HERE? YES. OKAY, SO DO WE HAVE NOMINEE FOR HAROLD? OKAY. AND HAROLD MCGILL'S NOMINEE IS VICE CHAIRS ON THE FLOOR. ALL I NEED A SECOND. SECOND BY MR. PELAYO.ALL IN FAVOR, RAISE YOUR RIGHT HAND. THANK YOU. ALL RIGHT. THANK YOU VERY MUCH. CONDUCT A
[01:00:04]
PUBLIC HEARING FOR THE CHANGE. ORDER NUMBER TWO AND CHANGE ORDER NUMBER THREE FOR THE CASTRO ROOFING OF TEXAS TO INSTALL OVERBOARD AND INSERT CRICKETS IN AN AMOUNT NOT TO EXCEED $10,000 FOR PROPERTIES AT 103 AND 111 NORTH KAUFMAN STREET. SO THAT HAD TO DO WITH THE PARAPET WALL. CEILING DOES. IT, DOES IT OKAY. OH YEAH. I'M SORRY. IT'S A PUBLIC HEARING OPEN AT 633. AND IF WE COULD HAVE REPRESENTATIVE FROM CASTRO ROOFING EXPLAIN TO US THIS CHANGE ORDER NUMBER TWO. AND NUMBER THREE, I THINK THERE'S A QUESTION ABOUT CRICKETS. IF I CAN ADD THEY HAVE A FEW PICTURES AS WELL TO SHOW YOU GUYS OF KIND OF BEFORE AND AFTER OF THE WORK THAT THEY'VE DONE FOR THE CHANGE ORDER AND THE OVERALL PROJECT. CASEY, I EMAILED IT OVER TO YOU.THERE'S A DROPBOX LINK TO PULL UP THE PICTURES. WE'LL GIVE HER JUST A MOMENT. AND WHILE SHE DOES THAT, IF YOU WANT TO INTRODUCE YOURSELF. YEAH, ABSOLUTELY. SO I'M THE PROJECT MANAGER. GREEN LIGHT. IS THAT BETTER? YEAH. ALL RIGHT. SO MY NAME IS CHRIS SMITH. I AM A PROJECT MANAGER AT CASTRO ROOFING. I'VE BEEN WORKING WITH KIRK ON THIS PROJECT AT THE DOWNTOWN BUILDING. REROOF. THE TWO CHANGE ORDERS IN QUESTION. I DO HAVE SOME PHOTOS FOR KIND OF EXPLAIN THE LIKE WHAT WE DID TO ANSWER YOUR QUESTION ABOUT CRICKETS. SO ESSENTIALLY CRICKETS ARE JUST LIKE ANGLED INSULATION THAT WILL HELP STEER WATER. SO THERE'S CERTAIN SPOTS ON THE TOP OF THE ROOFS THAT WILL HOLD WATER, JUST LIKE BEHIND THE AC SYSTEMS. AND THEN WHERE THE SCUPPERS ARE TO HELP THE WATER DRAIN. THE CRICKETS THAT WE INSTALLED, THERE WAS NONE BEHIND THE AC SYSTEM. SO WE ADDED THOSE. AND THEN THE ONE AT THE FRONT WAS A MAIN CRICKET THAT WAS EXISTING. THAT ONE WAS COLLAPSED. SO WE REPAIRED AND REPLACED THAT ONE. BUT ESSENTIALLY CRICKETS ARE JUST TO STEER THAT WATER INTO THE PROPER CHANNELS FOR IT TO DRAIN PROPERLY. SO IS THERE SOMETHING THAT GOES UNDERNEATH THE ROOF? YES, SIR. SO FOR THE PROJECT, WE ESSENTIALLY CLEANED THE EXISTING ROOF MEMBRANE. SO THE SURFACE THAT WAS UP THERE, WE CLEANED THAT AND THEN WE PUT A NEW MEMBRANE SYSTEM OVER THE TOP OF IT. SO THOSE CRICKETS WOULD GO IN BETWEEN THOSE TWO LAYERS ESSENTIALLY WOULD BE KIND OF LIKE A TAPERED ITEM. IT MIGHT BE TWO INCHES HERE AND IT MIGHT BE THREE INCHES OVER HERE. WHERE. YES. YES, SIR. SO SPECIFICALLY BEHIND THE AC SYSTEM, THAT'S THE ONE WE ADDED IN. IT'S KIND OF LIKE A LEDGE. SO IT'S GOT LIKE A WALL THAT WATER COULD SIT BEHIND. AND IT HAD STANDING WATER THERE. AND SO WE MADE A RIDGE IN THE MIDDLE OF THAT WALL. AND IT, IT'S LIKE A RIDGE THAT'S HALF AN INCH AT THE CENTER AT THE TOP. AND IT GOES OUT TO ZERO, AND IT JUST ESSENTIALLY STEERS THE WATER.
YEAH. YES. SO HERE ARE SOME PICTURES FROM THE FROM THE PROJECT. SO THE ONES THAT WE'RE STARTING OFF WITH ARE LIKE THE EXISTING ROOF FROM BEFORE WE DID THE REROOF. SO LIKE THIS PICTURE HERE IS JUST KIND OF SHOWING THAT EDGE WHERE IT'S NOT SEALED PROPERLY. THERE'S NO LIKE EDGE METAL OVER THE TOP OF THAT MEMBRANE. SO OBVIOUSLY A WATER CAN GET INSIDE THERE.
YEAH. AND WE CAN JUST GO OKAY. YEAH. THIS THIS SHOULD BE FINE IF EVERYBODY CAN SEE IT. BUT YEAH, THIS IS THE EXISTING ROOF BEFORE WE DID THE REROOF. SO YOU CAN KIND OF SEE THE CONDITION OF IT. AND THIS IS MORE OVERVIEW OF THAT IN THAT CENTER ROOF RIGHT THERE. YOU CAN KIND OF SEE THE CRICKET THAT I'M TALKING ABOUT, THOSE DARK SPOTS UP TOWARDS THE FRONT OF THE BUILDING. THAT'S WHERE THE STANDING WATER WAS. AND THIS IS AGAIN JUST A GENERAL OVERVIEW. AND THEN THIS WOULD BE THE OTHER THE I THINK IT WAS CLASSIFIED AS OVERBOARD. BUT ESSENTIALLY WHENEVER WE DID THE REROOF, WE TOOK THE METAL EDGING THAT WAS EXISTING OFF. AND WHEN WE DID THAT, WE WERE ANTICIPATING JUST ESSENTIALLY HOW WE DID ON THE FIELD OF THE ROOF. WE WOULD JUST FASTEN OR ADHERE TO THAT. BUT WHEN WE TOOK THE METAL OFF ON CERTAIN SEGMENTS OF THE ROOF, THERE WAS NO WOOD BEHIND THERE. SO IT'S JUST THAT THAT I BELIEVE IS JUST EXPOSED CONCRETE, WHICH WOULD
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NOT GIVE US LIKE THE PROPER SURFACE TO ADHERE TO. SO IF WE WERE TO PUT A NEW MEMBRANE OVER THE TOP OF THAT, IT WOULDN'T SEAL PROPERLY IN THIS, LIKE THIS PHOTO HERE, WHENEVER, LIKE WE TOOK THE METAL OFF, THAT MEMBRANE ESSENTIALLY JUST UNRAVELED AND ROLLED DOWN SO THAT BLACK PARTS OF WHAT YOU'RE TALKING ABOUT THE MEMBRANE. YES, SIR. YES, SIR. SO THAT THAT BLACK IS THE BACK OF IT. AND THEN HERE'S ANOTHER SECTION OF THE SAME ISSUE. THAT BLACK RIGHT THERE. THAT'S THE BACK OF THAT SURFACE OF THAT MEMBRANE. AND YOU CAN SEE THE BLACK ON THE, THE EXPOSED BRICK THERE. THAT IS THE ADHESIVE THAT WAS THERE BEFORE. BUT IT DOESN'T SEAL PROPERLY. SO THAT MEMBRANE JUST KIND OF IS LOOSE AND IT'S YEAH, IT'S NOT SEALING PROPERLY. SO THERE'S A CHANCE FOR WATER TO GET IN BEHIND THERE. AND THEN IF YOU'LL NOTICE AT THE TOP OF THE BRICK THERE, THERE IS NO LIKE EXISTING WOOD. SO THERE WAS, I BELIEVE, 180, 80 LINEAR FEET WHERE THERE WAS NO WOOD UNDERNEATH THAT METAL. SO WHEN WE TOOK THAT, THAT METAL OFF, WE WERE ANTICIPATING HAVING WOOD THERE TO BE ABLE TO SEAL TO AND USE ADHESIVE TO MAKE SURE THAT THE MEMBRANE STICKS PROPERLY. AND THERE IS SOME, SOME SECTIONS OF THE WALL THAT DIDN'T HAVE THAT WOOD. SO WE ALSO ADDED THAT WOOD IN THERE. AND THAT'S PART OF WHAT WAS INCLUDED IN THIS CHANGE ORDER THAT'S COMING BEFORE YOU ALL, SIR. AND THEN HERE IS JUST KIND OF AN EXISTING CONDITION AS WELL. SO THAT THAT LITTLE SPATULA WE USE THAT WHENEVER WE ARE DOING LIKE THE INITIAL INSPECTION OF THE ROOF AND JUST KIND OF TRYING TO SEE THE CONDITION OF IT. SO THAT'S JUST KIND OF PINPOINTING A, A HOLE THAT COULD, YOU KNOW, LET WATER IN. THIS ONE IS JUST KIND OF A GENERAL OVERVIEW OF THE, THE ROOF BEFORE WE DID THE. BEFORE WE DID THE PROJECT. AND THEN WE ALSO WATERPROOFED THAT STONE WALL. WE ADDED A SEALANT ON TOP OF IT BECAUSE AS YOU CAN TELL IN THIS PICTURE, THERE WAS GAPS IN IT ALLOWING WATER TO SEEP THROUGH. AND YOU COULD ACTUALLY SEE SOME OF THAT WATER DAMAGE ON THE WALL BELOW ON THE INTERIOR. YEAH. SO I THINK IT'S THE BARBER SHOP OR ONE OF THOSE BUILDINGS HAS A EXPOSED BRICK WALL ON THE INTERIOR OF IT, AND YOU COULD SEE SOME OF THAT WATER DAMAGE, AND THAT'S FROM THE WATER GETTING IN THAT WAY. SO GO AHEAD. SO THIS MEMBRANE I'M JUST POSING THIS. IF SOMEONE HAD TO DO WORK ON THESE AC UNITS, SHOULD THEY ARE THEY ALLOWED TO WALK ON THAT MEMBRANE. YES SIR. YEAH. YEAH. IT WON'T CRUSH OR ANYTHING. LIKE OBVIOUSLY YOU DON'T WANT TO PUT TOO MUCH WEIGHT ON IT OKAY. BUT YOU COULD WALK ON IT AND BE JUST FINE. IT WILL, IT WILL STAND UP. IT'S LIKE A, IT'S LIKE CALLED POLY POLY ISO SOME KIND OF LONG WORD, BUT IT'S ESSENTIALLY RIGID INSULATION OKAY. AND THEN YEAH YOU IT WILL DEFINITELY WITHSTAND SOMEBODY WALKING ON IT OR LIKE LIGHT TRAVEL OVER THE TOP OF IT.IT'S NOT FRAGILE. SO THIS PHOTO HERE IS SHOWING THE EXISTING CONDITION OF THAT AC UNIT. SO ON THIS ROOF SPECIFICALLY IT IT VALLEYS, IT'S GOT A SLOPE DOWN TO THE CENTER TO HELP WATER DRAIN. AND YOU CAN SEE BEHIND THAT AC THERE WHERE THERE THERE WAS EVIDENCE OF STANDING WATER.
AND SO WE ESSENTIALLY ADDED THAT RIDGE BEHIND BEHIND THAT. AND THAT WILL HELP STEER THAT WATER.
SO IT'S NOT GETTING STUCK BACK THERE. THERE'S SOME PICTURES OF THAT AS WELL. AND THIS WAS JUST ONE OF THE SCUPPERS. AND YOU CAN KIND OF TELL IT'S NOT DRAINING PROPERLY JUST BASED OFF OF, YOU KNOW, THE DIRT AND SEDIMENT. THAT'S NOT NOT ALLOWING IT TO ESCAPE THE ROOF. SO I'LL FIX THAT. YES, SIR. YEP. SO WHEN WE INSTALLED THOSE CRICKETS, IT'S GOING TO HELP THE ROOF DRAIN MUCH BETTER. ALONG WITH THE SCUPPER ITSELF. LIKE RESEALING IT AND DOING IT PROPERLY WILL ALLOW WATER TO NOT GET STUCK ON THOSE SEAMS. AND SO THIS PHOTO HERE IS KIND OF LIKE A LIKE AS WE WERE DOING THE ROOF. IF YOU'LL NOTICE, THE RIGHT SIDE OF THE PHOTO, THAT IS WHERE WE DID THE REPLACEMENT OF THE, THE WOOD UP TOP. AND THEN WE ADDED THAT WOOD ON THE SIDE THERE IN ORDER TO, TO BE ABLE TO PROPERLY ADHERE THAT MEMBRANE. AND THIS IS ANOTHER ONE OF THAT, THAT CRICKET UP FRONT. IT'S KIND OF A UP CLOSE PHOTO OF IT. SO YOU CAN KIND OF SEE THE RIDGE IN HERE
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AND IT'S KIND OF LIKE RIPPLED BECAUSE IT'S NOT IT'S NOT LIKE STRUCTURALLY SOUND ANYMORE. AND THAT WILL HAPPEN IF THERE'S ANY BREAKS IN THE MEMBRANE AND THAT THE WATER WILL GET IN THERE AND THAT WILL DAMAGE DAMAGE THAT INSULATION. SO WHENEVER WE REPLACE THE CRICKET, WE ESSENTIALLY ARE ENSURING THAT IT'S GOING TO DRAIN PROPERLY AND THAT WE WON'T HAVE THIS ISSUE IN THE FUTURE. AND THEN THIS IS THE MEMBRANE AFTER IT'S BEEN INSTALLED. SO THIS IS WHAT IT LOOKS LIKE NOW. SAME THING HERE. THIS IS AFTER INSTALL AFTER INSTALL. AND JUST KIND OF AN OVERVIEW. AND YOU CAN SEE THE DIFFERENCE. THIS HERE JUST KIND OF SHOWS THE METAL EDGING THERE.SO FUNNY THING ABOUT THIS PICTURE IS WHEN WE FIRST WHEN WE FIRST DID THE ROOF WALK, THE THAT CAPSTONE THERE WAS ENCASED IN THE OLD MEMBRANE AND THE OLD TPO. AND SO IT LOOKED LIKE A, ALMOST LIKE A WATER TOILET PAPER. AND SO WE WERE EVERYBODY WAS TRYING TO FIGURE OUT WHAT, WHAT'S UNDERNEATH THAT. LIKE WE WEREN'T REALLY SURE WHAT WE WOULD FIND WHENEVER WE PULLED THAT MEMBRANE OFF. BUT THE, THE SYSTEM THAT IT HAD BEFORE THE METAL STOPPED WHEN IT GOT THERE AND IT JUST HAD THAT MEMBRANE WRAPPED AROUND IT. SO WHAT WE DID IS WE DID EDGE METAL ALL AROUND IT. SO IT ALLOWS THAT THAT TO BE LIKE PROPERLY SEALED. AND THERE'S NO ISSUES OF WATER GETTING IN. AND THIS IS THE FINAL WHERE WE ADDED THAT ADDITIONAL WOOD AND OVERBOARD.
AND IT JUST KIND OF SHOWS YOU THE FINAL PRODUCT AFTER WE'VE INSTALLED THE EDGE METAL AND EVERYTHING. AND THIS IS ANOTHER ONE THAT'S JUST KIND OF SHOWING THE EDGE METAL. THIS IS AT THAT THE BUILDING IN THE BACK. AND BEFORE THAT DIDN'T HAVE ANY METAL ON THE EDGES. IT HAD A GUTTER ON THE FAR END OF THIS PHOTO. BUT ON THE SIDES IT WAS JUST TERMINATED. IT JUST HAD LIKE A METAL TERMINATION BAR. AND SO IT DIDN'T HAVE ANY EDGE METAL OVER THE TOP OF IT TO PROTECT IT. SO. AND THEN THIS IS JUST AN OVERVIEW OF THE, THE, THE MEMBRANE AS IT'S GETTING INSTALLED, JUST KIND OF SHOWS YOU WHAT IT LOOKS LIKE. NOW THIS IS ONE OF THE SCUPPERS. SO LIKE I WAS TALKING ABOUT EARLIER THAT THAT WATER THAT GOT TRAPPED IN THERE, THE WE LIKE ENSURED THAT WE DID THE CORNERS CORRECTLY AND ALLOWED WATER TO ESCAPE. AND SO THIS IS JUST KIND OF SHOWCASING THAT SCUPPER THERE. THIS IS A CLOSE UP OF THAT WALL. AFTER WE PUT IN THE WOOD ON THE TOP AND THEN THE BOARD THAT WE COULD FASTEN OUR MEMBRANE TO. AND THEN THIS IS ACTUALLY LIKE AN IN PROGRESS PHOTO OF THE CRICKETS. OKAY. SO YOU CAN KIND OF SEE IN THE CENTER THERE THAT THAT RIDGE LINE THAT'S THE HIGH POINT. AND THEN AS IT AS THE TRIANGLE GETS SKINNIER, THOSE POINTS THAT IT ZEROS OUT. AND SO ESSENTIALLY INSTEAD OF HAVING A CREVICE BEHIND THAT AC SYSTEM NOW WATER WILL STEER OFF OFF THE SIDES AND BE ABLE TO ESCAPE AND GO DOWN AND DRAIN PROPERLY. SO YOU WON'T HAVE ANY STANDING WATER BEHIND THAT SYSTEM. THIS IS ANOTHER OVERVIEW OF THE MEMBRANE AFTER IT'S BEEN INSTALLED. AND JUST KIND OF THE DIFFERENCE IN LOOK AND EVERYTHING. AND THEN THIS IS JUST SHOWING THE CORNER OF THE AC UNITS AFTER WE INSTALLED THEM. I'M NOT SURE IF I INCLUDED ANY PHOTOS OF THE BEFORE, BUT THERE WAS SOME ISSUES WITH SEALING AT THE AT THE EDGES THERE. AND SO THIS IS JUST PROPERLY SEALED ACCORDING TO THE MANUFACTURER'S SPECIFICATIONS AND ENSURES NO WATER IS GOING TO GET UNDERNEATH THERE. AWESOME. THAT'S ALL OF THEM. DO YOU HAVE ANY QUESTIONS FOR ME? ALL RIGHT. THANK YOU. HOW'S YOUR EXPERIENCE?
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FOR ROOFING OF TEXAS AND STAFF REPORT. AND THEN SIR CRICKET IN THE AMOUNT NOT TO EXCEED $10,000 FOR PROPERTIES LOCATED AT 103 TO 111 NORTH KAUFMAN STREET. ANY QUESTIONS? I MOVE, WE APPROVE.AGENDA ITEM NUMBER FIVE. I HAVE A MOTION ON THE FLOOR BY MR. MCGILL.
SIR. ALL RIGHT. BOARD CASEY, THERE'S A TEAMS INVITE FOR THIS ONE IF YOU WANT TO PULL THAT UP WHILE I'M SPEAKING THAT I HAD SENT YOU. AND I CAN RECORD IT IF I NEED TO. IN PREVIOUS YEAR, LAST YEAR, FOR THE QUALITY OF LIFE PROJECTS, THERE WERE TWO DIFFERENT ONES THAT WE HAD CONSIDERED THAT THE BOARD HAD CONSIDERED. THE FIRST WAS WHAT WE ENDED UP GOING WITH, WHICH WAS THE SKATE PARK THAT HAD BEEN CONSIDERED FOR A LONG TIME, AND WE WENT AHEAD AND APPROVED THAT.
IT WAS CONSTRUCTED BACK IN JANUARY. THE SECOND PROJECT THAT THE BOARD HAD CONSIDERED WAS A PARTNERSHIP WITH THE NATIONAL FITNESS CAMPAIGN. RE SEND IT OKAY WITH THE NATIONAL FITNESS CAMPAIGN. JUST A MOMENT HERE. SORRY. I SENT IT. THERE YOU GO. EXCUSE ME. THE NATIONAL FITNESS CAMPAIGN. SO THIS IS A GROUP THAT PARTNERS WITH BLUE CROSS BLUE SHIELD TO DO WHAT ARE CALLED FITNESS COURTS, WHICH ARE KIND OF LIKE AN OUTDOOR GYMNASIUMS FOR THE PUBLIC. AND SO THEY FOUND THAT IT PROMOTES THE HEALTH, THE GENERAL HEALTH OF THE PUBLIC. AND SO THAT WAS SOMETHING THAT THE BOARD HAD CONSIDERED. AND SO THEY'VE KEPT IN CONTACT WITH CITY STAFF. THEY DO A DIFFERENT GRANT PROGRAMS. AND SO WE WOULD BE POTENTIALLY BE ELIGIBLE FOR A GRANT FROM THEM FOR ONE OF THESE COURTS THAT WOULD PAY FOR A PORTION OF THE COST OF THE COURT. SO WE INVITED BACK THEIR MEMBERS TO SPEAK ON THAT PROJECT BEFORE TALKING ABOUT THE BUDGET, WHICH IS THE NEXT ITEM, AS WE GET SOME FEEDBACK ON WHAT THAT QUALITY OF LIFE PROJECT SHOULD LOOK LIKE FOR THIS YEAR. AND SO WE'RE JOINING THAT NOW. BUT SHE'S JOINING WITH US VIRTUALLY. HER NAME'S MISS KENNY IS HER NAME. AND SHE'LL GIVE A KIND OF A BRIEF OVERVIEW. I THINK MOST OF THE BOARD IS FAMILIAR WITH THIS PROJECT ALREADY. SO I ASKED HER TO JUST KIND OF GIVE US THE HIGHLIGHTS OF THE CHANGES FROM WHAT WAS PRESENTED LAST YEAR TO THIS YEAR, BECAUSE THERE'S A FEW. HI, KENNY, CAN YOU HEAR US? OKAY. KENNY, CAN YOU HEAR US? OKAY. LET'S SEE. KENNY, CAN YOU HEAR US? OKAY. THAT'S. YEAH, IT'S GOT TO BE THE MICROPHONE TO SWITCH DOWN BELOW. CASEY, THERE'S THE MICROPHONE. YEAH. HEY, KENNY, CAN YOU HEAR US? NOPE. TRY THE ECHO ONE. KENNY, CAN YOU HEAR US? YES, I CAN, OKAY, A LITTLE LOUD. IT'S RIGHT.
JUST A MOMENT. NO WORRIES. IS THAT ALL RIGHT? OKAY. IS THAT ALL RIGHT WITH THE BOARD? KENNY, WILL YOU TRY THE TEST? TEST? OH, CAN YOU HEAR US BETTER? YES, I CAN HEAR YOU. ONE MOMENT. WE'RE TRYING TO GET THE VOLUME GO WORSE. THERE'S MORE AUDIO SETTINGS. SURE. TO THE RIGHT. IF YOU CLICK MORE, GO TO THE BOTTOM. THERE'S YOUR AUDIO. WHERE'S THE MENU? YOU WERE JUST AT, THOUGH? KEYBOARD. DO YOU HAVE VOLUME? WE'RE ON MIC, NOT MUTE. TO THE ARROW NEXT TO THE MIC. YES, I CAN HEAR YOU. HOLD ON. WE'RE STILL TRYING TO TURN IT DOWN. SO I TELL THE PROJECT QUITE A BIT AS WELL. SO. YOU MIGHT GO TO THE OTHER ROOM AND THEN JUST LISTEN TO ME FROM THERE. MAYBE. I TRY NOW. HOW'S IT SOUNDING. OH THAT'S MUCH BETTER. MUCH BETTER. WE CAN WORK
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WITH THIS. OKAY. THANK YOU. KENNY, I JUST GAVE THE BOARD A BIT OF A REINTRODUCTION TO THE NATIONAL FITNESS CAMPAIGN AND INTRODUCED YOU. AND SO I'LL LET YOU TAKE IT FROM THERE. YEAH, ABSOLUTELY. THANK YOU FOR THE TIME THIS AFTERNOON OR THIS EVENING. APPRECIATE THE OPPORTUNITY. I KNOW I'VE HAD SOME GREAT CONVERSATIONS AROUND THE CAMPAIGN AND SOME POTENTIAL AROUND THE CAMPAIGN TO THE COMMUNITY. I'D LOVE TO JUST REVIEW HOW YOU GUYS ARE VERY FAMILIAR WITH THE CAMPAIGN. SO WE JUST LOVE TO REVIEW A COUPLE OF UPDATES TO THE CAMPAIGN AND THEN TAKE ANY QUESTIONS THAT THERE MIGHT BE AT ALL. CAN I SHARE MY SCREEN? NOW? I'LL JUMP RIGHT IN. ZEBRASOMA SCARAMUCCI. PERFECT, PERFECT, I LOVE IT. I COULD READ LIPS SO IT LOOKS LIKE YOU'RE SEEING IT. THAT'S RIGHT. YEAH. SO JUST TO, YOU KNOW, JUST A QUICK COUPLE OF UPDATES TO THE CAMPAIGN. AGAIN, I KNOW YOU GUYS ARE VERY FAMILIAR WITH THE NATIONAL FITNESS CAMPAIGN, AMERICA'S LARGEST PUBLIC PRIVATE WELLNESS PARTNERSHIP. PROBABLY ONE OF THE LARGER CHANGES SINCE THE LAST TIME THAT WE SPOKE WITH YOU GUYS IS REALLY THE FACT THAT WE'RE CELEBRATING OUR 750TH, AND SO 750TH CAMPAIGN HEALTH AND COMMUNITY MEMBER THIS YEAR. SO GOOD NEWS IS, WE'RE FULLY FUNDED TO WELCOME OVER 1000 BY 2026. AND OUR MISSION STILL REMAINS, WHICH IS TO REALLY BUILD THOSE HEALTHY COMMUNITIES ACROSS THE COUNTRY. JUST A REMINDER, THE CAMPAIGN REALLY IS FOCUSED ON SUPPORTING COMMUNITIES, BUILDING THAT HEALTH, HEALTHY INFRASTRUCTURE SO WE CAN MOVE HEALTH OUTCOMES IN THE CORRECT DIRECTION. WE DO WORK WITH MOST MAJOR HEALTHCARE PROVIDERS. I KNOW LAST TIME WE WERE STILL WORKING WITH BLUE CROSS BLUE SHIELD OF TEXAS, BUT ON THEIR BEHALF TODAY, JUST REALLY SAY THANK YOU FOR ATTENDING THE CALL. AND JUST A REMINDER ABOUT THE CAMPAIGN. I'M HOPING THAT YOU GUYS HAVE HAD AN OPPORTUNITY TO WATCH THE VIDEO RECENTLY.AGAIN, JUST AS A REMINDER ABOUT THE CAMPAIGN. BUT YOU CAN THINK OF THE CAMPAIGN AS A COMPREHENSIVE COMMUNITY WELLNESS PROGRAM, REALLY CENTERED THERE AROUND FREE, WORLD CLASS OUTDOOR FITNESS OR THE FITNESS COURT. AND THEN THE CAMPAIGN REALLY EQUAL PARTS INFRASTRUCTURE, EQUAL PARTS SERVICES, AS WE REALLY LOOK TO BUILD SUPPORT SERVICES, EVERYTHING FROM THE GRANT FUNDING, OF COURSE, FROM BLUE CROSS BLUE SHIELD OF TEXAS TO THE DESIGN AND PLANNING TEAM, THE INSTALLATION, OF COURSE, PUBLIC ART, VERY BIG PIECE OF THAT AS WELL AS THE ACTIVATION SIDE. SO REALLY A FULL CIRCLE, A COMPREHENSIVE WELLNESS PROGRAM FOR YOU GUYS. THIS IS PROBABLY ONE OF THE NEWER UPDATES TO THE CAMPAIGN, WHICH IS THE FITNESS COURT STUDIO. I'M NOT SURE IF YOU GUYS HAD AN OPPORTUNITY TO SEE THIS PREVIOUSLY, BUT THIS IS REALLY THAT SEVEN MOVEMENT BODYWEIGHT RESISTANCE WORKOUT ON ONE SIDE AND THEN THIS OPEN SPACE, REALLY ALLOWING FOR SOME WELLNESS PROGRAMING AROUND EVERYTHING FROM YOGA AND ZUMBA TO PARTIES, YOU NAME IT. WE SEE A LOT OF GREAT STUFF OUT THERE. IT DOES HAVE A BEAUTIFUL ART WALL IN BETWEEN. THIS IS OUR LARGEST FOOTPRINT AND PROBABLY THE MOST POPULAR FOOTPRINT IN THE CAMPAIGN. TODAY, AS FOLKS REALLY START TO LOOK TO ACTIVATE A PROGRAMING SIDE. AND THEN JUST TO REMIND YOU, THIS IS THAT SMALLER FOOTPRINT. FITNESS COURT SEVEN MOVEMENT SEVEN CIRCUIT FULL BODY WORKOUT. REALLY BODYWEIGHT RESISTANCE. SO DESIGNED FOR ALL ACTIVITY LEVELS PRIMARILY DESIGNATED AGES 14 AND UP. IS DIGITAL ACTIVATED BY THE MOBILE APP WHICH HAS A LOT OF GREAT FEATURES. BUT FOLKS CAN REALLY DOWNLOAD WORKOUT VIDEOS AND HAVE AN OPPORTUNITY TO WORK OUT INDIVIDUALLY AT THEIR OWN PACE. THIS FEATURE JUST ONE OF THE MORE CHANGES THAT HAS COME ABOUT. THAT CHECK IN FEATURE HAS ALLOWED OUR TEAM TO ACCESS AND PROVIDE USAGE DATA BACK TO YOUR TEAM AT LEAST TWICE A YEAR, SO SOMETHING USEFUL AND HELPFUL WE'VE SEEN FOR A LOT OF FOLKS REALLY WORKING WITH THE COMMUNITY. BUT AS A REMINDER, ALWAYS A BIG COMPONENT OF THE CAMPAIGN WORKING WITH LOCAL ARTISTS TO WORLD RENOWNED ARTISTS GALLERIES AND JUST A REMINDER ABOUT THE ART, THIS IS A PIECE THAT HAS CHANGED A BIT. THE ART OFFERINGS, CUSTOM ART, WHICH IS AN OPPORTUNITY TO WORK WITH OUR ART IN-HOUSE ART DESIGN TEAM ON THE LEVEL RIGHT, THE FITNESS COURT ART, WHICH BLUE CROSS BLUE SHIELD OF TEXAS HAS SELECTED, DOES COME WITH THE CAMPAIGN. NOW, IF YOU'LL REMEMBER, THAT LOCAL ARTIST CAMPAIGN, REALLY AN OPPORTUNITY TO WORK WITH A LOCAL ARTIST.
HAVE THEM PROVIDE US WITH A ONE OF A KIND ART PIECE, AND THEN THEY ARE BEING A BIG PART OF THE CAMPAIGN AND PROBABLY THE MOST EXCITING PIECE THAT ARE PROVIDED WITH THAT $5,000 GRANT AWARD FOR
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THEIR PARTICIPATION IN THE CAMPAIGN. THIS IS ALSO A NEW ADDITION SINCE THE LAST TIME WE SPOKE, WE KNEW THAT FITNESS COURT SHOWED AVAILABLE FOR FITNESS COURT AS WELL AS FITNESS COURT. STUDIO EXTENDS THAT SEASONAL USE, PROVIDES THAT UV AND SOME PROTECTION. ALSO REALLY SUPPORTIVE DESIGN THAT ARE BUILT INTO THE PAD. AND THIS SHADE STRUCTURE CAN BE DONE IN A PHASING PLAN. SO FOR FOLKS THAT ARE WANTING TO ADD THE SHAPE BUT NOT QUITE YET, OUR TEAM CAN WORK TO HELP THE CONCRETE PAD PREP AND PAD SITE SO THAT THE SHADE CAN BE ACCOMMODATED AT A LATER DATE. AND THEN JUST THAT REMINDER ABOUT THE CAMPAIGN REALLY WANTING TO WORK WITH COMMUNITIES LIKE YOURS, BEING THAT HEALTHY. OUTDOOR WELLNESS, FITNESS CULTURE AS A REMINDER FOR 2025, THERE ARE THERE AT THE BEGINNING OF THE YEAR, EXCUSE ME, 20 GRANTS AVAILABLE. THERE ARE ABOUT FIVE GRANTS REMAINING THROUGH BLUE CROSS BLUE SHIELD OF TEXAS THAT ARE COMPETITIVE GRANTS. FIRST COME, FIRST SERVE. AND THEN JUST A REMINDER ABOUT THOSE GRANT PROGRAM REQUIREMENTS. KURT AND I ARE REALLY MOVING THROUGH THESE THAT, YOU KNOW, REALLY JUST LEADERSHIP SUPPORT IDENTIFYING THE SITE WITH IMPACT, DEVELOPING THAT FUNDING PATHWAY AND THEN QUALIFYING BASED ON TIMING. I KNOW SOME OF THE CONVERSATIONS HAVE REALLY BEEN AROUND BRUCE CENTRAL PARK, AND WE'VE IDENTIFIED AN OPTIMAL SITE THERE THAT WILL QUALIFY FOR GRANT FUNDING. AND GOSH, I THINK THAT'S ABOUT IT. THERE'S A COUPLE OTHER, YOU KNOW, PROCESS THINGS THAT KURT AND I CAN DEFINITELY TALK ABOUT AND DISCUSS A LITTLE BIT LATER. BUT I JUST WANT TO OPEN THIS UP, SEE IF THERE'S ANY QUESTIONS. ANYTHING THAT I CAN ANSWER FOR YOU RIGHT NOW. THANK YOU FOR YOUR TIME, KENNY. I'LL BE IN TOUCH. YEAH, ABSOLUTELY. I DIDN'T KNOW IF YOU WANTED TO TAKE A QUICK PEEK AT THE FUNDING REALLY FAST. OR IF YOU HAVE YOU ALREADY REVIEWED THAT YOU CAN GO OVER IT REAL QUICK. THAT'S HELPFUL. YEAH, YEAH. JUST A QUICK COUPLE OF LOOKS AT 2025 AND THAT CAMPAIGN FUNDING REQUIREMENT DEPENDING ON THE FOOTPRINT ONCE THAT GRANT HAS BEEN APPLIED, IF YOU'RE LOOKING AT THAT SMALLER FOOTPRINT AND I'LL I'LL ALLOW YOU FOLKS TO GO THROUGH THIS. BUT ONCE THAT GRANT FUNDING IS APPLIED ON THE FITNESS COURT, WHICH IS THAT SMALLER FOOTPRINT, YOU'RE REALLY LOOKING AT ABOUT 173,500 FOR THE 2025 CAMPAIGN YEAR. THAT TAKES INTO CONSIDERATION A $50,000 GRANT, AND THE FACT THAT YOU DON'T HAVE TO BID UP CONCRETE. AND THOSE ARE ESTIMATIONS ON CONCRETE AND AN ACTUAL BID FROM AN APPROVED INSTALLER ON THE ASSEMBLY. TAKE A LOOK AT FOR THIS COURT STUDIO.WHAT'S THAT? GRANT FUNDING HAS BEEN APPLIED. YOU'RE LOOKING AT ABOUT 236 AGAIN, ASSUMING THE $50,000 GRANT AND CONCRETE SLAB BEING DONE EXTERNALLY. JUST A KEY NOTE. WE HAVE GOTTEN SOME FEEDBACK AND INFORMATION FROM BLUE CROSS BLUE SHIELD OF TEXAS THAT THEY ARE ADDING SOME ADDITIONAL FUNDING, SOME ADDITIONAL GRANT FUNDING FOR PARTICULAR CITIES IN TEXAS WHICH QUALIFY. SO THERE COULD BE SOME ADDITIONAL GRANT FUNDING AVAILABLE OVER AND ABOVE THAT 30 TO 50. MY GUESS IS THAT WE CAN PUT YOU IN A REALLY GREAT POSITION FOR THAT ADDITIONAL GRANT FUNDING, BUT DEFINITELY WON'T GUARANTEE THAT TILL WE ACTUALLY GET THROUGH THAT APPLICATION PROCESS. ANY QUICK QUESTIONS OR ANYTHING I CAN ANSWER? NO, MA'AM. THANK YOU FOR YOUR TIME. YEAH. NO, I APPRECIATE THE OPPORTUNITY. KURT WILL TALK A BIT LATER. I THINK WE'RE SCHEDULED FOR MAYBE A MONDAY CALL, SO LET ME KNOW IF THERE'S ANY QUESTIONS OR ANYTHING I CAN ASSIST. AND WE LOOK FORWARD TO POTENTIALLY BRINGING THE CAMPAIGN TO THE COMMUNITY. THANK YOU. THANK YOU. GREAT. HAVE A GREAT DAY.
GOOD EVENING. CHAIRMAN. BOARD MEMBERS. SO I'D LIKE TO TALK ABOUT OUR YOUR BUDGET FOR THE NEXT FISCAL YEAR. BUT I'LL BEGIN WITH THE PROPOSED PROJECTED NUMBERS FOR THIS YEAR. SO YOUR
[01:30:04]
REVENUES AS SHOWN ON THE SCREEN ARE PROJECTED TO COME IN AT $1.9 MILLION. AND THEN YOUR EXPENDITURES ARE ABOUT THE SAME, 1.9 MILLION ADMINISTRATIVE AND OPERATIONS ARE COMING IN AT 363,000. AND THEN YOUR ECONOMIC DEVELOPMENT ASSISTANCE GRANTS ONE WAS FOR 625,000. AND THEN THE LAND PURCHASE INCENTIVE AT 202 NORTH KAUFMAN, I BELIEVE, WAS 233,700. I DID PUT THE SIMON'S PARTNERS IN THERE AT 430,000, BECAUSE THAT WAS WHAT WAS BUDGETED LAST YEAR. I DON'T KNOW IF YOU'RE GOING TO PAY IT OUT THIS YEAR OR NOT. I DID LEAVE IT IN THE PROJECTED NUMBERS JUST IN CASE YOU DID PAY IT OUT. THERE WAS ALSO THE SOME SOME IMPROVEMENTS DOWNTOWN THAT YOU HAD AND THEN YOU HAD A QUALITY OF LIFE PROJECT. I BELIEVE IT WAS THE SKATE PARK.SO THAT LEAVES YOU WITH THE PROJECTED WORKING CAPITAL OF $4.2 MILLION FOR THE NEXT BUDGET YEAR. SO I PUT ON THE DAIS A COPY OF THE BUDGET REPORT, PROJECTED NUMBERS, AND WE CAN GO THROUGH THAT PAGE BY PAGE ON THE FIRST PAGE OF THE BUDGET REPORT, THE FAR COLUMN TO THE RIGHT SAYS PROPOSED BUDGET. I HAVE PROJECTED THE REVENUES TO BE 1.595 1,595,000. THAT'S MOSTLY YOUR SALES TAX. THE INTEREST ON YOUR MONEY MARKET ACCOUNT. AND THEN ALSO THERE'S THE STARWOOD PAYMENTS AND THEN YOUR TENANT RENTAL INCOME. THE SECOND PAGE IS THE PROJECTED WAGES. THAT'S KIRK'S WAGES. HALF OF IT IS PAID BY THE CITY AND HALF OF IT BY THE EDC. AND THAT IS PROJECTED IN THIS AT THIS POINT, WITH THE 3% INCREASE, WHICH IT MAY OR MAY MAY NOT INCREASE TO MORE. AND WE CAN ADJUST FOR THAT. THE THIRD PAGE IS YOUR OPERATIONS. SO THE SECOND PACKET THAT I GAVE YOU HAS THE INCREASES THAT KIRK HAS ASKED FOR. AND THIS PACKET CONTAINS REQUESTS FOR A DEDICATED SUPPLY OF OFFICE SUPPLIES FOR THE STAFF, WHICH WOULD INCLUDE EQUIPMENT, FURNITURE AND FIXTURES, AND PROVIDING FOR A LAPTOP TO ALLOW FOR REMOTE WORK. SO THAT WAS INCREASED BY $5,000 FOR THAT FOR YOUR SUPPLIES. ALSO. SINCE THE CITY DOES THE BOOKKEEPING, WE HAVE BEEN CHARGING THE 3600 FOR ABOUT I DON'T KNOW A LOT SINCE I'VE BEEN HERE, SO WE DECIDED TO GO UP TO 4000 SLIGHTLY. WE DO HAVE A GREAT STAFF THAT THAT WORKS ON YOUR FINANCIALS AND YOUR INVOICES AND EVERYTHING. WHAT WAS THAT? WHAT? IT MAY COME IN HIGHER. ALSO, KIRK HAS REQUESTED FOR AN INCREASE IN BUDGET FOR PUBLIC NOTICES FROM 300 TO $1,800. THIS IS NEEDED BECAUSE THE CITY'S POPULATION HAS INCREASED AND THE EDC IS REQUIRED TO PUBLISH ADDITIONAL NOTICES. GAIL AND I, WHEN WE WERE WORKING ON THE BUDGET, WE KIND OF LOOKED AT SOME OF THE PROJECTED REVENUES FOR THIS FISCAL YEAR, AND THERE'S THINGS THAT HAVE GONE UP MORE THAN WHAT WAS ORIGINALLY BUDGETED IN THE CURRENT BUDGET. SO WE TRIED TO TAKE THE LESSONS LEARNED FROM THOSE THINGS AND APPLY IT TOWARDS THE NEXT BUDGET CYCLE. SO PUBLIC NOTICES IS ONE OF THOSE THINGS. AND I THINK WHAT GAIL'S ABOUT TO TALK ABOUT, IF I'M GUESSING IS RIGHT, IS THE LEGAL FEES TO WE'VE DONE A LOT MORE WORK WITH VICTORIA THIS PAST YEAR, AND SO ALSO INCREASING OR REQUESTING AN INCREASE FOR THAT RIGHT, THAT THAT REQUEST HAS GONE FROM 20,000 TO 36,000. OKAY. AND LET'S SEE. I BELIEVE THAT IS EVERYTHING THAT WAS REQUESTED IN
[01:35:09]
THE OPERATING OPERATIONS. AND SO THEN WE'LL GO TO PAGE FIVE. AND THIS IS WHERE KIRK HAS REQUESTED A DOWNTOWN DESTINATION GRANT. AND. NO THAT WAS IT ON THE ON THAT ONE. AND IF YOU WANT YOU CAN EXPLAIN WHAT THE GRANT MEANS. SO AT THE PREVIOUS BOARD MEETING, WE APPROVED THE CREATION OF A DOWNTOWN DESTINATION GRANT PROGRAM. SO THIS IS JUST PUTTING IT IN THE BUDGET AS WE GO FORWARD FOR $100,000. IF WE NEED TO EXCEED THAT, BECAUSE WE HAVE A LOT OF PROJECTS COMING IN, WE CAN AND WE CAN DO A BUDGET AMENDMENT. BUT THAT JUST SEEMED LIKE A STABLE AMOUNT TO INCLUDE AT THE ONSET. OKAY. PAGE SIX. SO KIRK AND I TALKED ABOUT THE BUDGET, AND HE HAD SUGGESTED HE HAD SEVERAL SUGGESTIONS, THE FIRST OF WHICH IS THE REQUEST FOR FUNDS FOR THE RENOVATION OF 202 NORTH KAUFMAN STREET TO BE TENANT READY FOR A RESTAURANT, AND HE PROJECTED THAT TO BE A $500,000 LINE ITEM. YEAH. SO STUDIO A IS THE ARCHITECT ON THIS PROJECT. THEY'RE WORKING ON CONSTRUCTION PLANS NOW. WHEN THAT'S COMPLETE, WE'LL GO OUT AND GET SOME DIFFERENT QUOTES FROM CONTRACTORS TO SEE WHAT THE COST WOULD ACTUALLY BE TO BUILD THE PLANTS. WE'RE GUESSING $500,000, BECAUSE THAT'S AROUND THE SAME AMOUNT THAT WE USED FOR THAT WE DID FOR DOE BELLIES. AND SO JUST USING THAT AS A COMP, WE MAY COME BACK AND TRY AND ADJUST THAT LATER WHEN WE HAVE MORE CLEAR ESTIMATES. BUT THAT'S KIND OF OUR BALLPARK FIGURE OKAY. THE NEXT THING ON THAT LIST WOULD BE FUNDS TO RENOVATE THE CITY'S WEBSITE, TO INCLUDE SITE SELECTOR DATA, DEMOGRAPHICS AND MORE. SO WE'VE GONE OUT TO GET DIFFERENT QUOTES FROM DIFFERENT WEBSITE VENDORS, BUT THIS WOULD BASICALLY BE THE CREATION OF A NEW MODERN WEBSITE THAT WOULD ALLOW POTENTIAL BUSINESSES, POTENTIAL DEVELOPERS, TO COME IN AND LOOK AT WHAT SITES ARE ACTUALLY AVAILABLE, WHETHER THAT'S GRASS FIELD DEVELOPMENT OR IF IT'S EXISTING BUILDING SPACE. SO THE DIFFERENT POTENTIAL VENDORS THAT WE'VE REACHED OUT TO HAVE HAVE HAD PROPOSALS THAT THEY SUBMITTED TO US, WHERE THEY WOULD PARTNER WITH THIRD PARTIES TO KEEP THAT REAL ESTATE LIST ACTIVE AND UPDATED. AND SO IT WOULDN'T BE A STAFF CONSTRAINT. I WOULDN'T HAVE TO BE GOING IN THERE AND UPDATING OUR OWN DATABASE. WE WOULD HAVE A THIRD PARTY VENDOR THAT'S DOING THAT. AND THE QUOTES THAT WE'VE BEEN GETTING ARE FOR AROUND A BALLPARK FIGURE OF $40,000 A LITTLE LESS. BUT AND THEN THE NEXT YEAR IT WOULD JUST BE ANNUAL. YEAH. $3,000 AGREEMENT. YEAH. I THINK IT'S AROUND $38,000 TO CREATE THE WEBSITE AND THEN, YES, AROUND 3000 TO MAINTAIN IT ON AN ONGOING BASIS. THE NEXT ITEM AS PART OF THIS 720,000 REQUEST, IT IS $80,000. THIS IS FOR A CONCRETE PARKING LOT AT 103 NORTH KAUFMAN, AS WELL AS DESIGNATED PARKING SPACES FOR FOOD TRUCKS AT 111 NORTH RAILROAD. SO THIS IS CONCRETE IMPROVEMENTS IN DOWNTOWN, PARTIALLY IN THE GRASS PAD, TO ESSENTIALLY HAVE SOME DESIGNATED PARKING SPOTS FOR FOOD TRUCKS, POTENTIALLY SOME ELECTRICAL UPGRADES. THERE IS THE INTENT OF WHERE WE WOULD BE SPENDING THOSE DOLLARS, AS WELL AS POTENTIALLY DOING SOME CONCRETE IMPROVEMENTS BEHIND DOBELL'S, WHERE IT'S CURRENTLY ASPHALT, BUT THAT'S WHAT THAT $80,000 IS FOR. AND THE LAST PART OF THE $720,000 IS $100,000. FOR ESTABLISHMENT OF FUNDS APPROPRIATED, APPROPRIATED TOWARDS, AMENDED AND RESTATED, RESTATED FACADE GRANT. SO JUST LIKE WE UPDATED OR APPROVED THE DOWNTOWN DESTINATION GRANT, THIS IS THE FACADE GRANT PROGRAM THAT WE THAT THE BOARD APPROVED AT THE PREVIOUS MEETING. THIS IS JUST $100,000. AGAIN, JUST PUTTING IN ALLOCATION IN OUR BUDGET OF WE HAVE THIS PROGRAM. WE'RE ANTICIPATING TO USE SOME OF IT. SO LET'S LET'S INCLUDE THAT IN THE BUDGET AS PART OF OUR PLAN. DOESN'T MEAN THAT WE'LL NECESSARILY USE ALL OF IT.OR MAYBE WE'LL USE MORE THAN THE SIX FIGURES. IT KIND OF JUST DEPENDS ON WHAT PROJECTS COME UP AND REQUEST ASSISTANCE. RIGHT. AND THEN WE ALREADY TALKED ABOUT THE DOWNTOWN DESTINATION GRANT, WHICH WAS 100,000. AND THEN ON THE LAST PAGE, WE DO HAVE THE FIREWORKS THAT STAYS AT 12,000.
YOUR KID FISH DONATIONS AT 3500. AND THEN THE QUALITY OF LIFE PROJECT THAT KIRK TALKED ABOUT
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WITH THE FITNESS 170,000. AND SO JUST A LITTLE BIT ON THAT THE BOARD YOU YOU DO HAVE SOME CHOICES IN TERMS OF WHAT THAT QUALITY OF LIFE PROJECT COULD BE. THE $170,000 FIGURE. THAT WOULD BE THAT'S PRETTY CLOSE TO WHAT THE LOW END IS FOR ONE OF THE FITNESS COURTS TO DO, OR FITNESS STUDIOS TO DO ONE OF THE BASIC COURTS FOR THAT. ADDITIONALLY, IT HAD KIND OF BEEN TALKED AROUND OR ONE STAFF SUGGESTION HAD BEEN DOING A DOCK IMPROVEMENT TO BRUCE CENTRAL PARK. BUT AS WE KIND OF INVESTIGATED THAT FURTHER AND TRIED TO GET SOME QUOTES, THE QUOTE THAT WE DID GET WAS ALSO FOR AROUND 170,000. SO THAT'S WHERE THAT NUMBER COMES FROM.BUT WHAT WE REALIZED AS STAFF WAS LOOKING INTO IT IS THAT BEFORE WE COULD REALLY DO THAT TYPE OF IMPROVEMENT, WE REALLY NEED TO ADDRESS THE EROSION PROBLEM THAT HAPPENS THAT IS HAPPENING AT BRUCE CENTRAL PARK. IT'S NOT LIKE AN URGENT, IMMINENT ISSUE WHERE, YOU KNOW, LAND IS CAVING IN INTO THERE. BUT OVER TIME, IF WE'RE GOING TO BE DOING THESE BIG SCALE IMPROVEMENTS TO BRUCE CENTRAL, WE REALLY DO PROBABLY NEED TO PUT SOME TYPE OF RETAINING WALL IN THERE TO MAKE SURE NO MORE LAND ERODES INTO THE POND. AND SO ONE POTENTIAL OTHER PROJECT THAT WE COULD LOOK AT IS A QUALITY OF LIFE IMPROVEMENT WOULD BE DOING THE ENGINEERING FOR THAT RETAINING WALL SO THAT WE COULD GO AHEAD, GET THAT ENGINEERING DONE SO WE KNOW WHAT NEEDS TO TAKE PLACE. AND THEN IN THE FUTURE BASICALLY HAVE THAT PLAN READY TO TACKLE IT, WHETHER THAT BE THROUGH A GRANT FROM A FROM A STATE PROGRAM OR WHETHER WE DO IT IN CONSULTATION WITH THE CITY. BUT AT LEAST WE WOULD HAVE THE PLANS READY TO ADDRESS THAT ISSUE. AND SO THAT'S SOMETHING THAT WE DID. STAFF DOES WANT TO GET SOME BOARD FEEDBACK FROM TONIGHT, OR UNLESS YOU ALL WANT TO TALK ABOUT IT AT A FUTURE MEETING, BUT WHICH DIRECTION YOU'D LIKE TO GO WITH IN TERMS OF THE QUALITY OF LIFE PROJECTS, WHETHER IT BE ENGINEERING TOWARDS THE POND AT BRUCE CENTRAL FOR THOSE RETAINING WALLS OR THE FITNESS COURT, OR IF THERE'S ANOTHER SUGGESTION FROM THE BOARD AS WELL, STAFF IS HAPPY TO LOOK INTO IT. ADDITIONALLY. I WANTED TO GAUGE I CAN REQUEST THAT FROM KENNY, FROM THE FIGURES THAT THEY HAVE FOR THEIR OTHER COURTS IN TEXAS, BECAUSE THERE'S A LOT OF DIFFERENT COMMUNITIES THAT HAVE THESE FITNESS COURTS.
PEOPLE IN TOWN WOULD EVEN. SO, I THINK.
THAT'S INCHES GOING INTO THE POND. AND THAT MEANS WE GOT TO DREDGE UP THE POND AND STUFF.
BUT MY OPINION, I'D LOVE TO HAVE THE FITNESS COURT THIS YEAR, BUT I THINK WE NEED TO SPEND THE MONEY ON 50,000 ON THE ON THE ENGINEERING. I'VE ASKED KIRK AND CARRIE TO LOOK AT POSSIBLE TEXAS PARKS AND WILDLIFE GRANT FUNDING TO MAYBE ASSIST. YOU KNOW, FIXING THE EROSION. BUT AT LEAST WE HAVE AN ENGINEERING REPORT. WE HAVE SOME SKIN IN THE GAME. IF IN CASE THERE IS GRANT FUNDING. SO THAT'S MY OPINION HOW WE SHOULD SPEND THE QUALITY OF LIFE AND THEN MAYBE LOOK AT THIS FITNESS COURT AGAIN NEXT YEAR. I DON'T KNOW. BUT THAT'S WHERE I WOULD LIKE TO USE A QUALITY OF LIFE FUNDS. WE HAD THE FLOODING. AND THE REASON THAT EROSION KIND OF CAME UP BECAUSE WE WERE TALKING ABOUT A DOCK ON THE POND AS WELL. BUT MY CONCERN IS A DOCK WILL JUST LEAD TO MORE EROSION RIGHT NOW WITH THE CONDITION OF THE POND. AND SO WE NEED TO FIX THAT. NOT SAYING THAT EDC IS RESPONSIBLE FOR FIXING EROSION, FIXING THE DOCK, BUT SOME OF OUR MONEY CAN GO TOWARDS THAT SHARE MAYBE SHARED COST WITH WITH THE CITY. BUT AGAIN IF WE CAN GET SOME GRANT FUNDING, LET'S, LET'S TRY TO DO THAT AS WELL. SO MR. MAIN THING I WANTED TO COMMENT ON IS, IS ESPECIALLY, YOU KNOW, WHAT I WOULD CONSIDER IS MORE THE INFRASTRUCTURE OF THE PARK ITSELF, RIGHT? YOU KNOW, THE BATHROOMS, YOU KNOW, WHETHER IT BE PARKING SPACES, DRAINAGE, ESPECIALLY WHEN WE HAVE LARGE EVENTS, YOU KNOW, WHEN WE HAVE SEGO FEST AND SOME OF THOSE EVENTS, ANY TYPE OF RAIN JUST CREATES A HUGE PARKING AND MUD PIT TYPE ISSUE. AND THEN I WOULD ALSO LIKE TO MAYBE THROW IN AN ADDITIONAL SUGGESTION BECAUSE WE DO HAVE, YOU KNOW, A REALLY NICE
[01:45:02]
FIELD IN THE BACK THAT THAT, YOU KNOW, IS USED, YOU KNOW, BY SOME OF OUR SPORTS ASSOCIATIONS, YOU KNOW, POTENTIALLY IF IT WOULD QUALIFY SOME SORT OF AN UPGRADE. I KNOW A LOT OF THE SCHOOLS ARE GOING TO SYNTHETIC TURF AS A PERMANENT SOLUTIONS, WHERE THE PARKS WOULDN'T BE LIMITED TO JUST SPECIFIC TIMES OF YEAR, YOU KNOW, WHERE WE COULD POTENTIALLY USE THEM FOR OTHER EVENTS. SO I KIND OF JUST WANTED TO THROW OUT A SMALL SUGGESTION THERE. BUT DEFINITELY, YOU KNOW, FIRST AND FOREMOST, WOULD, YOU KNOW, I THINK THE BOARD WOULD PROBABLY AGREE THAT INFRASTRUCTURE, WHETHER IT BE BATHROOMS, DRAINAGE, YOU KNOW, YOU KNOW, THINGS THAT WOULD HELP IMPROVE OUR OUR SEAGULL FEST AND MAYFEST, YOU KNOW, WHEN WE DO HAVE THOSE BIG EVENTS, I DEFINITELY WOULD LOVE TO, YOU KNOW, IF THAT INCLUDES THE EROSION, THEN, YOU KNOW, I AGREE, YOU KNOW, TAKE THOSE NECESSARY STEPS BEFORE WE START ADDING, YOU KNOW, MORE THINGS TO THE PROJECT. ANY OTHER COMMENTS DISCUSSION? WHAT ABOUT LIKE OUR PLAYGROUND EQUIPMENT? THEY ARE.YOU'RE TALKING ABOUT THE CANOPIES. CANOPIES. YEAH I THINK SOME OF THE. CAN WE SPEAK ON THAT. CAN WE TALK ABOUT THAT OKAY. CAN YOU DISCUSSION. IT'S MY UNDERSTANDING FROM BACK PAT HAD TOLD ME THAT THE CANOPY OVER THE WATER AREA WAS NOT TO BE REPLACED BECAUSE THE SUN IS WHAT DISINFECTS HELPS DISINFECT THAT AREA, BECAUSE OTHERWISE YOU HAVE IT SHADED, IT GROWS MOLD AND STUFF. OKAY. SO THEY'RE EVENTUALLY GOING TO TAKE THOSE POLES OUT. IT'LL BE UNSHADED.
NOW IT'S MY UNDERSTANDING. AND CINDY IF YOU MIGHT WANT TO HELP ON THIS ON THE ON THE PLAYGROUND EQUIPMENT, I THOUGHT THERE WAS AN INSURANCE CLAIM. HAVE THEY PUT THE SHADE STRUCTURE BACK? OKAY, THAT GOES TO CHRIS. I GET THE CHECK IN AND WE PROCESS IT. SO I, I BELIEVE THERE SHOULD BE A SHADE STRUCTURE. IF NOT, THEN THERE. YEAH, THERE IS TO BE ONE. BUT AS FAR AS ANY OTHER EQUIPMENT ON THE PLAYGROUND THAT NEEDS TO BE REPAIRED OR REPLACED, I'M NOT AWARE OF ANY.
IT'S IT IT SOUNDED GOOD. IT WAS KIND OF LIKE KIDS FEET WERE GOING TO BE HOT AND BUT HINDSIGHT 2020, IT WASN'T A VERY GOOD IDEA. SO I'VE ASKED TO SEE IF WE CAN REPURPOSE THAT SHADE SOMEWHERE ELSE. SHADE STRUCTURE. WE JUST DON'T KNOW YET WHERE. SO OKAY, THANK YOU ABOUT SOMETHING.
TO THE MORE PADS WE PUT OUT THERE, THE MORE PARKING AREA WE LOSE. WE'VE GOT SEVERAL THAT WE NEED BECAUSE PEOPLE WERE GOING TO, YOU KNOW, USE THAT THAT THAT EQUIPMENT, YOU KNOW, THE SKATEBOARD PARK PEOPLE WERE OUT THERE. THEY NEED A PARK. YOU KNOW, IT'S BASKETBALL COURTS ARE AND THE PICKLEBALL I MEAN, THEY'RE FULL ALL THE TIME. THE WALKERS, YOU KNOW, I GUESS IT GETS SO BUSY THEY WALK ON THE STREET RATHER THAN WALK ON THE PATH. I DON'T KNOW, BUT BE CAREFUL WITH THE WALKERS. BUT ANYWAY, ANY OTHER QUESTIONS ABOUT QUALITY OF LIFE OR THE BUDGET THAT'S BEEN PRESENTED? OKAY, WELL IF YOU WE NEED TO APPROVE THIS BUDGET TODAY, DID YOU WANT TO ADD ANYTHING OR TAKE ANYTHING AWAY? I NOTICED THAT THERE WEREN'T ANY AND KIRK DIDN'T HAVE ANY ECONOMIC DEVELOPMENT ASSISTANCE. THE BIG PROJECTS LIKE YOU HAD IN THE PAST, AND I DIDN'T KNOW IF YOU WANT TO PUT A PLACEHOLDER THERE IN CASE SOMEONE CAME ALONG, NEEDED. DO WE HAVE WHAT WE WE'LL BE TALKING ABOUT TONIGHT? PARTIAL. WHAT WE'RE TALKING ABOUT IS THAT IN HERE. NO. SO WE NEED TO ADD THAT IF WE CAN OR IT'S NOT APPROVED YET. RIGHT.
YEAH. IT HASN'T BEEN APPROVED YET. TYPICALLY I THINK THE WAY THAT PAT'S OPERATED IN THE PAST IS WE DIDN'T INCLUDE MOST OF THE NOT MOST. WE DIDN'T INCLUDE ALL OF THE ECONOMIC DEVELOPMENT ASSISTANCE THAT WE ACTUALLY DID THAT DID EACH YEAR AT THE ONSET OF THE BUDGET, AS MY UNDERSTANDING, AND THAT WE WOULD DO BUDGET AMENDMENTS LIKE AT THE END OF THE YEAR TO RECONCILE THE ECONOMIC DEVELOPMENT ASSISTANCE GRANTS THAT WE DID OR INCENTIVE PROJECTS THAT WE DID. SO WE WOULD JUST WORK ON THE FUNDING THAT WAS JUST KIND OF OUT THERE. THE FUNDS LEFT. YEAH. YES, SIR.
SO WE HAVE GAIL SAID AT THE BEGINNING OF THE PRESENTATION, ABOUT 4.2 MILLION IN OPERATING FUNDS, ESSENTIALLY, AND THE TOTAL EXPENDITURES IS 1.9, ROUGHLY. CORRECT. RIGHT. SO THERE'S ABOUT 2.3 MILLION OR SO OF EXCESS FUNDS THAT ARE AVAILABLE FOR PROJECTS AS THEY ARISE. I'M LOOKING AT 314 IS LIKE, WHOA, WAIT A MINUTE. BUT THAT'S OKAY. THAT'S FROM A
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BUDGET STANDPOINT. THAT'S YEAH, THAT'S FROM A CURRENT CURRENT. WE CERTAINLY CAN INCLUDE A PLACEHOLDER FIGURE AS AN ECONOMIC DEVELOPMENT ASSISTANT ASSISTANCE MONIES. WE CAN INCLUDE THAT SO THAT WE'RE ACCOUNTING FOR IT. AND WE HAVE A BUDGET FOR IT. I MEAN IT'S THE BOARD'S CALL IF YOU ARE HAPPY THE WAY WE'VE BEEN DOING IT. AND THAT'S THE WAY THAT I KNOW WE'VE BEEN DOING IT FOR A WHILE. WHAT DID SHE RECOMMEND? I DO NOT LIKE BUDGET AMENDMENTS. THEY DON'T LOOK GOOD. YOU KNOW, IT LOOKS LIKE WE DON'T WE, YOU KNOW, DON'T KNOW HOW TO BUDGET. SO I WOULD RATHER HAVE IT IN THE BUDGET THAN HAVE TO DO AN AMENDMENT. SURE. SO HOW MANY DID WE HAVE LAST YEAR? WE HAD 858. IS THAT RIGHT? NO, WE HAD 625. PAGE FIVE. GAIL, DO YOU HAVE A RECOMMENDED AMOUNT THAT YOU WOULD WANT TO INPUT? I WOULD JUST PUT HALF $1 MILLION. THAT'S WHAT I WAS THINKING TOO. $500,000. EVERYBODY OKAY WITH THAT? OKAY. YEAH. IF YOU COULD JUST ADD THAT LINE OKAY. FOR INCENTIVES. WE'LL DO THAT. MAKES SENSE OKAY. SO WHEN YOU MAKE YOUR MOTION, MAKE THAT IN YOUR MOTION. MAKE THAT ASK FOR A MOTION. SO ANY OTHER QUESTIONS MISS GAIL. THANK YOU MA'AM. THANK YOU. ALL RIGHT I NEED A MOTION. I MOVE, WE APPROVE AGENDA ITEM NUMBER SEVEN WITH AN ADD OF 500,000 IN THE BUDGET FOR FUTURE ITEMS, FOR INCENTIVES.INCENTIVES? I MEAN, OKAY, I HAVE A MOTION ON THE FLOOR. SECOND, SECOND BY MR. CHAIRMAN. RAISE
[EXECUTIVE SESSION]
YOUR RIGHT HAND IF YOU APPROVE. ALL RIGHT. WE PASSED IT. OKAY. THIS TIME WE WILL CONVENE INTO EXECUTIVE SESSION EDC WILL CDC WILL CONVENE INTO EXECUTIVE SESSION IN COMPLIANCE WITH TEXAS GOVERNMENT CODE 551.087 TO DISCUSS AND DELIBERATE REGARDING COMMERCIAL FINANCIAL INFORMATION THAT THE CITY HAS RECEIVED. FROM A BUSINESS PERSPECTIVE, THE CITY SEEKS TO HAVE, LOCATE, STAY, OR EXPAND IN OR NEAR THE CITY AND WITH WHICH THE CITY IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS AND TO DELIBERATE THE OFFER OF A FINANCIAL INCENTIVE TO A BUSINESS PROSPECT, TO WIT, PROJECT NEXUS AND SEAGOVILLE CROSSINGS. SO WE WILL GO INTO OVER BEING RECORDED, SO BETTER NOT. OH ALL RIGHT. WE WILL CONVENE INTO OPEN SESSION AT 822 AND TAKE ANY[Regular Agenda]
NECESSARY ACTION AS A RESULT OF EXECUTIVE SESSION. THERE'S NO ACTION TO BE TAKEN. NUMBER TEN, ITEMS OF COMMUNITY INTEREST AND BOARD MEMBER REPORTS, MR. CHAIRMAN. MR. HANLEY. NO. MR. GILL, MR. PELAYO, MR. PIANO SEE YOU NOTHING. ANYBODY WANT TO ADD ANY FUTURE AGENDA ITEMS.* This transcript was compiled from uncorrected Closed Captioning.