Good
. No point
Good evening
everyone. Thank you
all for
being here with
us tonight. Uh
,
we're going to open
the
meeting
with our pledge
to the
us and
the
Texas
flag. Uh, if
you
would stand
and please
remain
standing following for a
moment
of silence
. She
joined me
. I
pledge allegiance to
the fire
of the United States
of
America
and to
the Republic for which
it stands
, our
nation
undercom
indivisible with liberty
and
justice
for all
. On
the
Texas
flag
, a pleasure with this to
the Texas
one
state
101
and
indivisible
. Thank you. You MAY
be seated
Once again, welcome
to the
regular meeting of the
Flugerville City Council on
this
FEBRUARY 10th
. We
appreciate you being
here. Uh
,
the
first item
, uh, or rather
the next item on
our
agenda is
public comment. I
have
received
no
forms
indicating anyone
wishing to speak? Is there
anyone in
the public wishing to
make public comment
. On
general
items at this time
. He's got to
Yeah
, come on forward
You can
take the
podium. Uh, you'll
have
, uh, let me
let
me read
the
, uh, the legalese
in
accordance with the
Texas
Attorney General opinion
, any
public comment that is made on
an item that is not on
the
published final agenda, will
only be heard by
the
counsel
.
No
formal action, discussion
,
deliberation, or
comment will
be made by the
city council.
Each
person providing public
comment
will be
limited to
3
minutes. Um, just so you know
,
we're
not
allowed
to respond
or
deliberate, but
we'd be
uh
delighted to hear
you
. Ok
,
great. Uh
, good evening. My
name
is Joseph Brown. I live in
the
, uh, Greenridge community
over here in, uh, Flugerville.
Um
I'm called, uh, come up here
today to, uh
, to
follow up on
the road
conditions in
our
community
, uh, extremely
, um,
pertaining to
Cheyenne Valley
and Gets School
Road with
the
light there to see
what the
progress is but they
haven't
talked to MR. Evan
, I
, I think
he's over here today. Uh
, I
don't see him
. And see how
that's, um
, progressed
. Also
the city
of Brooklynville
has
come in
and painted
. The
fluorescent type
of stripes
, uh
for the rope
, uh, walkways for
the children
. And
everybody to
get across the
uh new blacktop
because
the new
blacktop had
destroyed all
that
before
, but
it's not completely finished
and
it's not
finished on
the
main
thoroughfare roads
, which
is
Boon
Valley
and Cheyenne
Valley, which is the most
dangerous roads in the
community because everyone uses
that as a thoroughfare that cut
through to outside
the huddle
and
to Penley Park
. And they go
extremely fast and it's
very
dangerous
because then both
those roads have bus stops
It's
also where the
park is for the
children
. In
that
area
, uh, in
our area
. Um
according to
, um,
the
highway.Dot.Gov. Let me
read this very quick
. Uh
, a
driver MAY not
see
or be aware
of
conditions within
the
corridor and MAY drive at a
speed
that
feels
res
respon
reasonable for themselves, but
MAY
not be
for
other users of
the
system
, especially
vulnerable rope
users
,
including children and seniors
.
A
driver traveling at
30 mph
.
Who hits
a pedestrian as
a
45%
chance
of killing
or
seriously
injuring. Them
. At
20 miles an
hour
that
chances
dropped down
to 5%
. So
that
road of Cheyenne
Valley and Boone Valley, both
at
35 miles an hour
. They have
a
park there
. We
have Emily
crossing the street
. We
have
women. I see them all
the
time
,
uh, next to the park, trying to
get
their cribs out
walkers out
there's no parking
. So you got
cars going by
at
extreme speeds
I, I hate
to
say 60 miles an
hour or
more
sometimes coming
down
the hill to get out
, out
of the community, get to the
other side of Gatta School
Road
Um, they have bus
stops there.
I see
children catch the
bus
there every
morning. And
we
just need more safety
for
the
pedestrians in
our community
.
And everything. Uh, that's all
I have
. Thanks
. Thank you.
Thank you
. I imagine, uh, I do
see Evan back there. I imagine
he'll be happy to have a
conversation
with you
, uh, as
the
evening progresses. Uh
, is
there anyone
else
here wishing
to
speak
during public comment
.
All
right
, before we move
into
presentations, I did want to
pull one item up
from our
, uh,
later in our agenda, it
was
also on our
work
session agenda
I
wanted to
what
my agenda
go
.
Make sure that uh we get
through that
quickly because we
MAY have some people in
attendance
who
will
leave
immediately following that
. So
I'm going
to open
, uh, item 8d,
uh, that is an open
, the
open
session
item discuss
and
consider action regarding case
number one
, colon
24-cb-00914-8da
Impactway llc
,
the
Flugerville
Community
Development Corporation in the
city
of Flutterville
, pending
in
the western
District
of
Texas
, Austin Division
. Mr
.
Mayor, will you accept
the
motion? The floor is
yours
. Uh
,
MR. Mayor, I
move
that we
, uh,
immediately
, uh, defund
, uh,
all
, uh, pcdc funding for the
legal
department for
their
legal counsel
. Be
. I have
a
motion in 2nd
, uh, from David
and Rudy
. Uh
, motion fails
Thank you, David. Uh
, we
will
return to item
number 4. I have
a couple of
proclamations to
make
. I will
, uh, move to the
podium
. So
ok
. Thank you all
for being here
with us tonight.
This is the mayor's
proclamation
declaring
FEBRUARY
2026 is Black History
Month in
the city of Flugerville
. Uh
,
Black History Month
, uh, was
originally
Black
History Week
,
but
in
1976
was
expanded
to
recognize the entire month.
It's now
celebrated all
over
North
America
. During this
month
, we celebrate
that
many
achievements
and
contributions
have
been made
by our black
or
African
American
community
.
Black History Month is a
time
where
all
Americans
are
encouraged
to
reflect
on
past
successes
and challenges
of
black
communities and look to
the
future to
ensure
freedom
,
equity
, and inclusion persist
in
this
great nation. So
I
hereby proclaim
FEBRUARY
2026
as Black
History Month
in the
city
of Flugerville
, uh, Bobby
,
Bobby make
it here. Uh, we're
gonna have
, uh, Bobby Mack
, um,
accept
this proclamation
. We'll
make sure that
she gets
it
.
Bobby owns one of
our
restaurants here in
town, and
we were
very
fortunate
to have
the
food here for
the
council
catered
by
them tonight in
an
effort to
show
our support
to
our
black
community and those
all important
black owned
businesses
. Thank you
. Can
we
clap
? Away
Is
that
way
? Ok
ok,
ok. We'll, uh
we'll
, we'll make
sure she gets it
. We'll see if
we can get a photo here in a
few minutes. Do I have
another
one here? There it is
. All
right. Uh, I have a second
proclamation to make. This is
,
uh, item 4b. Uh
, earlier
, uh in
our
work session, we had
a
presentation of
our
engineering
department
, uh, and
I do want
to
clarify that our
engineers
do not
drive trains
, so they
,
they
, they
design and
build
some amazing
, uh,
infrastructure here in the, in
our
city
. So
engineers use
their training
and specialized
skills
in creative
and
innovative ways to
fulfill
society's needs
. Engineering
has been called
the
invisible
profession
everything around
us
and everything we use
every day
has
been engineered
in one way
or another
. Engineering
Week
promotes recognition of the
importance of
a
technical
education and a high level
of
math, science, and
technology
literacy. It
also motivates
youth to
pursue
engineering
careers. So
I
proclaim
FEBRUARY
22nd
to
the 28th
as engineers
Week in the city
of
Flutterville. Uh, we
have
Jeff
Dunsworth, our
city
engineer
and assistant director
of
utility engineering, here to
accept
the
proclamation. Jeff
,
would you like to
come forward
?
Invite all my
fellow engineers
to
come with me
. Absolutely
.
The more
, more
engineers means
more fun, right
? All
right get
a nice photo
. Let's get it
.
We'll be
You
you got a
little
more, ok
. And everyone's just
it's like
ok
. Right
And
then
vertical
so
on cold
. Thank you.
All
right
. Well, we think
we
are CPAs are
financial
engineers
of uh
. Counsel, this
brings us to the reading of
our
consent agenda. Uh, I
would ask
if there are
any
items wishing
to
be
pulled from the
consent
agenda. Yes
, MR. Mayor, I'd
like to pull
item
5b as
in
boy
and
item
5d as
in dog
, uh,
Baker and Delta
and I'd
like
to
pull
5c
. 5c as
in
Charlie
, uh,
what
, what does
that leave
? One
This
was a
short one
. Uh
,
Trista, would you
, uh, would
you call
our
consent agenda, I
suppose
. Absolutely
. Item
5b 5c
and 5d have
been pulled, um,
which
means the
remaining item
of
5a MAY be
acted upon
. A move
to approve the
consent agenda,
such as it is
, the
minutes
second. All right, I have a
motion from David
andsea
for
Jonathan
. Uh
, we
have two
members absent from
the
council
Deus
. Uh
, that
passes
unanimously of those
present
.
That takes
us
to
item 6
, uh, 6a
is discussing consider
action
regarding appointments to the
finance and budget
. Committee.
Uh, we
do
have
3 vacancies on
this committee with
terms
ending
in 2026. I believe
we
have
5
applicants here with
us
today
, uh, traditionally
. Uh,
we would call
these applicants
up to
introduce themselves
. The
first on my
list
is m
ak Brewer
She has expressed a
desire
to
not approach unless there are
any questions that would be
required of her
. I really want
to ask
Caesar's
questions since
he's not here
. MISS Burke, if
you come, would you be
, would
be, would you be willing to
entertain one
question
? One
question
? Oh
. Evening
, it's
being mayor and councilor
. Yes
,
MR. How MAY I
help
you? Uh, so
this is the
, the
question that
COUNCILMAN
Rui's
traditionally
asks
, um, why do you want
to
serve
on
this
committee
instead
of all of
the
other committees,
boards
, and commissions that
this
will be
a
flugervill house
I wish
I didn't
know
you
personally because no one else
will catch
the joke, but
what I
will say is
, I'll
make it short
and sweet, but you know, just
in
general
, representation
as
a
citizen, I'd like to know where
my tax
dollars are going
. And
ultimately, as a citizen, how
I
can support
all the
let's be
honest, with all the things
that's going on
. Within
our
city
, meaning
the
um the
citizen's response
. To
the
management, to
the leadership.
A lot of it deals
with our
budget
. So
I want to see how I
can contribute to supporting
that council as well as
supporting our
citizens and
understanding
um as best you
can for a policy, per law, per
statute
. How
we
assistant can
support and
understand without
giving up too
much
um
confidential information that
you
guys have and aren't
willing to share. I think
that
citizens don't always
understand there's certain
things you can and
cannot tell
us
. Thank you, ma'am
. You
understand? 2
more questions
.
No
,. Thank you
for volunteering
This holiday. I'm
going around
MR. Coffin. I'm good, thank you
Mr
.. We're good
. Uh
, our next
,
uh, applicant is
, uh, Ronald
Citron
. Is Ronald here with us
this evening
? I received
a
message that
he's running
late.
Um
. So
maybe we
can circle back
if he's still here at the end.
We
, we'll see if we can make
that happen. All right
. Uh, I
have Ms
. Carla Carroll
. Carla,
if you would come forward. Sure
And
Thank
you for being
here
with us
tonight. Yes, sir
.
Would you
, would you care to
quickly introduce yourself and
obviously there's
one question
that it sounds like we'll be
asking everyone why this
Um
, I
have lived here
in Flugerville
for, let's see
, since '07, I am
the founder of the Zeus and
Luna Pit
Ford Foundation. We
donate our dogs
to veterans
. Um
I
have
a long
history of
accounting
. I've
been an
accountant for
30 years
I have
been a
budget analyst at Space
Naval Warfare. I
have
a
bachelor's in accounting, a
master's
in public
administration, and the masters
in
Business Administration, and
I'm working on my doctorate
in
business leadership
. Um
, I'm
also
currently a
uh project
controls analyst
for aeco
. I
work
in
app
Environmental
Protection
Planning, and
I am
super with
project management
.
Next
. Well
, yeah
, I'm gonna
cancel. I'm
gonna
ask
uh
COUNCILMAN Marro's question,
because he's still
getting
uh
the the
backup speed
. Why
this
committee as opposed to any of
the other committees, boards,
or
commissions that the city
of
Flugerville has. Well, i
live
here. Uh
, I live in
Highland
Park
North and
I have
seen
it
grow immensely
. We used to
have
cows come
across
our backyard
and now there's
, you know
, a
lot of business es
and so on
and
so forth
, and
. Because of
what my
personal
goal is
. After
I graduate with a doctorate
. Um
I'm more curious and want to
learn more about
how
their
finances go and so on and
so
forth. So
my
goal is I want to
go
to Congress and help them
fix the
va. That's
why I'm
getting
all
the degrees
, but
I
need
to
learn
and see
what's
going
on in
my own city
. So
why
not? Uh
, like I said, I
have
project management skills
. You
know
, so I'm here, I'm here to
help learn
and
volunteer my
time
Thank you
, ma'am. Mhm. All
right, ma'am. I, I was curious.
I
was
reading
your
application and it you
uh
mentioned
uh transparency in no
way
, shape
or form should any
member of the
finance committee
or
council
members
asked
for
information
and
be sidelined
.
What what do you mean by that
?
If
i
ask
for
or anybody in
the
public asks for
uh, most people
don't know, they can
go online
and download
. Your
financials
.
So if we can point that out to
people, that
would be
a
big
help
. I know that there's a lot
of people who don't know that
They're not aware that you can
pull
down financials. That's
what I mean by transparency, by
letting
them know, hey, look,
you can
go online
and download
all
the all
all
the
transcripts
and where the money is going
and so on and
so forth
from
previous years and
this current
year
. Uh
, you
also said, or was
it, um
, everyone has
a
right
to
learn. Yes. Um
, yeah
, obviously
there
are no
dumb questions. Um
what do you mean by
everyone
has a right
to learn
. Everybody
in the city
has a
right
to
learn what's going
on. If
they
have a
question
, let's answer.
If they
have something that
they need
to
be answered
. And
we don't have the answer for it
Let them know
, we'll get back
to you. That's
my
biggest
thing
is I
answer emails right away.
Hey
, I got
your message. I'll
get back to you
. Let them know
that you're working on it, and
if you don't know
the answer
,
figure it
out or
leave them
someone else who does
. That's
what I mean by
learning.
Everybody has
a right to learn
.
Everybody who lives here has
a
right to
learn what's going on
in the city
you
know, guide
them to the
right
places. So
.
I'm curious if that
conveys
a
requirement of
other
individuals
to
teach
because
learning is
, is individual,
right? Well, yes
and no
. So
if
that person is
willing to learn
point them in the
right
direction. If you read
case
study, blah blah blah blah blah
Here's the website to it
.
That's teaching them
So
just
guiding people to where they
need to go
. All right
Uh
, any
,
any other questions
? Uh, for
Carla
? Um
, thank you for. Yes,
sir
. For answering our
questions. Uh, we have
, uh,
Scott
, uh, Stiefferman
, I
believe. Steer
or
tier Stifer,
ok
. So
you're in a German town
and
in Germany, German
they
pronounce
the second I
went
with it
, but
Stiferman, thank
you
for being here with us
today
. Uh, well
, I'm very
interested in the position
simply because I'd like
to be
able to
provide
some
citizen-based review and audit
of
the
uh budget
and finances
,
um, I've had a
very
good
understanding and
working
with
uh multiple parties on
the
team
regarding questions and
answer
type sessions
, but I
, I
hope
elicit um
deeper dives into
some
of
these
financial
concerns or some
of these
issues that have
been brought
up over
the
past
, so
I
welcome
Jonathan, for example
, and his
prompt
response and
his
summary
of
current environments as well
as other team
members
that
have
contributed
not
only review
and
audit type roles or
type
concerns
. So I don't have
a
formal
um financial
or audit
background, but
. I
hope to say
i'm able
to ask the
right
questions that elicit
the right
responses
. And to team
up on
the teaching concept. I started
out
my career as
a
Microsoft
product trainer, so one of my
big things was a lot
of
people
asking for a
highlight this
stuff
I need
to study for,
highlight the stuff I
need to
review in one of my
uh,
long-standing statement is
learn how to learn, don't learn
how
to
memorize
. So I follow in
that same truth of
teaching
,
not necessarily by the book
,
but
by the
end goal and the
what it takes to maybe get
there
Uh
, David, did you have a
question
? I
, I think
he
answered it before I could ask
him
, ok
? It's always nice to
have other people
go first
,
counsel
, are questions for Mr
.
Steerman? Not for me
Good. Well
thank you
very much
. Uh, and
then I have
, uh, Jonathan, uh,
Reich
. Did I get that one right
Yes. All right. That one is
German
. Ok
. Another German
,
yeah
, um, counsel, MR. Mayor,
it's good to see you again
. Um
,
I was before
you guys in
DECEMBER
, uh, expressing my
interest in this committee
, and
I'm glad to be back
, um, to
remind you
of
my background
, um
I grew up
in Flugerville from
7
to 18 before I
moved away
from
college, when I did
my
bachelor's
in finance and
my
master's in
product development
Um
, I've
spent
my career as
a
consultant and then
most
recently helping a small long
firm mountain
Caldwell startup.
Um
, so
I
have a little bit of
experience in Excel if you
could say
, and um I
would love
to
apply
that
to Flugerville
and help out as part of
this
committee
. Um, you know, one of
the things that I've
heard
expressed, I
think
, by everyone
here
is
the
transparency and
um
helping citizens understand the
budget is a
really
high
priority. That's something
that
I
noticed as well
when
I
was
,
um, you know, helping
with the
,
uh, the, the runoff campaign
for for Doug
, um, when I was
speaking with
people
who
were
um were leaning towards Pat
McCorry, one of the
things, one
of the things that really
resonated with
his campaign
was
the fact that
he touched
on
budget
transparency
and on some
of the
auditing. Um
, so I think
that's a
really important
piece
of
this
committee that
it
sounds like all of us
would be
on
board
with
and
um that's
something that I, you know,
I've talked with
Melody about a
little bit
. I'd
love to
um see
how
we can make
the budget just
more accessible to people and
because of my
background in not
just finance
and technology, I
think I'm positioned to do that
So thank you
. Thank you. I'm
curious
, Jonathan
, um, because
one of the things we often talk
about is that
, um
, frankly
, if
anybody wants to access the
budget
, they
have access to, we
have it online, we
have
available to that
. But
to you
,
it
appears that it
MAY be
more
opaque
than
we think
. What
are
ideas that you have in
mind
where we can make it
so
either
more relative because you know
,
data's never been the issue
,
right? Like
people
have data
and everything
, but
actionable
dating and be able to do
that
is
always been
something that's
remained to it. So how do we
make it
more relatable for
people to
better to
ascertain
and understand what's
going on.
That's
a
great
question
. I
think
really it's
it's more
than just having the
data like
you said, it's about
being able
to tell a story with
the
data
and having avenu
es for the
public to be able to access
that
and understand not just
the numbers on the screen
because
the reality is most
people won't be able to
understand the numbers
it's
like just
by themselves
. It's
making sure
they understand,
you know, if
we can
provide
them with the
reasoning
behind
why
we made
a
certain decision.
Um, the
story that
went
into
that
, maybe as much
as we can
highlight those things for
people, I think that
would
help
them understand to be more
connected to the city
of
Flugerville
. Um
, and I think
that's something that we can do
Any other questions for
Jonathan
Thank
you
. Thank you
for being here. Uh, did
, uh,
Ronald make it in
? Yes sir
All
right
, council members
, we
have
up
to
3 positions
to appoint.
Uh, I do want to
clarify
, uh,
Jonathan, I think our
last time
there were
concerns about
your
voter registration still
being
in
Collin County
, uh, and I
understand you
have
submitted
to
ensure
that your
voter
registration
was transferred to
Travis County
. If
, uh, if he
were selected, we would need
to
ensure that
it is
effective
upon
confirmation
of
the
transfer. Yes, he, he
is
eligible. He
is eligible. Very
well. Ok
. Awesome
. Thank
you.
Glad to hear it
Travis County's
better in la
, Jonathan
. Uh
,
with that counsel, as
I was
saying
, uh, up
to
3
vacancies
on
this
board the next one
. We
need at least one in order for
them to
make quorum so that
they can
hold meetings
, which I
think is is the goal of
this
item
. I'm going
to ask
for
your
top
12, or 3
, I'm gonna
.
Actually go, uh, yeah, let's
see, Jonathan
, your top
12 or 3
Sure
, uh, let's say Jonathan
Reich and ak Brewer at the top
of
mine. Ok
. Uh, Caesar
, I
had
ak
and Jonathan. All right
, Kim
Kimberly. I
had Jonathan
. All
right, Rudy
Uh
, I would have
been a parrot now
, aka Jonathan
All
um, Melody
. Aka
Scott
and
Carol, Carlo, sorry
. I'm sorry,
that
was
ak and Carla
. All
right, and
, uh, David? Uh
. At
the risk of uh
being
a parent
.
Uh, I'm just gonna
echo
Melody's 3
. Aka Carla and
Scott
Yes
. And then mine
would
be ak
uh Jonathan and Ronald
. Uh
, I
believe that
gives
us
ak7
Ronald 1
, Carla 2
, Scott 2
,
Jonathan 5
. Uh, based
on that
,
I would
recommend that
we
appoint ak and Jonathan
. And it
seems like that
is
the
threshold. All right. I've got
a
motion from
Caesar
, second
from Rudy
. I don't know why I
did deuces. Oh, hold on, that's
that's pdf. I'm gonna get back
to my screen
. Oh
Uh
, motion
passes unanimously. Uh
, thank
you for that. I'm
going to
. So
I did have
a
question because
in
the past, you
guys
have
expressed
that its mom wasn't
here
, that they
couldn't have a
vote
, um, for that we
or
at
least that was
my
impression of
the operation
. So if
we have
another vacancy and
that's not
the
rule
, then I
, I would, I
think it's good
to fill
the
entire committee if
we can.
Would you like
to make another
motion
? That time? Um
I
, I will
I will
say I don't
believe the
absence is
a
disqualifier. I
will say when
I was
first
appointed
to
pcbc
in
2009
that
uh someone who
was not
present
was
also
appointed, um
. But
, uh
it
is
ok and it seemed like
there
was a
something was said
about it the, the
last
time we,
we just, we just tend
not
to
.
We like, we
we like for people
to
, to
present themselves, um
but it is, it is not
a
requirement
, especially if
council
members
are familiar
with the individual
. If for
example, if
there's someone
who
you um
had
recruited who wasn't
able to make it, you're welcome
to speak on their behalf
. Uh
,
but is
this
a
council's
prerogative on who we
appoint
to boards and
commissions. Yeah
If if the
emergency happens,
we've done, we've done
it
. We
can bring that
whoever
we
could
ok, well, I'd like to make a
motion to
give
um this new
information
to
uh recommend
Ronald
as the
, the final
position
. For the finance and
budget. I have a motion
from
Melody, I have a second from
David
. Hm
I'm sorry. Did I say
the right name
? So
would you,
yeah, in in
interest of
further
discussion, uh, Melody
, you
seem to know Ronald, you've
mentioned that he was
, uh, not
here with
you, uh
convey
, um,
his
qualifications for us
. Well
he had applied before, so
I had
just reached out to
him and
said, hey, we're going to be
having another thing
, so do
you
want to
reapply
and, um, and
here
he is
. There he
is
. Ryan
Ronald
, lots
of questions for
you now
. Oh, no, no, no
, no, no
no, no, no
, no
, no,, your ears
must have
been burning
, right?
We come to
the podium
. I'm
sorry
, Ronald
last to
arrive
.
Thank you for showing up
. Uh
,
we were
, we were
just
discussing the, uh, the ap
point ment s we've made two
of
the
3 appointments. Um, the,
the other was going
to remain
vacant, but we would
love
to
be
introduced to you if you would
uh tell us who
you
are
. You
unfortunately don't have the
benefit of hearing
the
questions that
were asked
before you, but one of those
would be
why this
board and
not
something
else
, uh, and
take it
away
. Ok
? A
little background
on myself
. I've
done some work
.
I've
, uh, my
entire career
has
been
, uh, with the
public
sector
, uh, so I
helped
Travis
County build
the internal
audit
department
. Um
, I
also worked
for Travis County at the
auditor's office
, um, I
have a
few certifications like
certified
um internal auditors
build it on
on
parts expand
on
that
. Um
, they needed
some
internal auditors and a
lot
of
really
we
uh were able to
catch
some stuff actually
, but um
.
They didn't have internal
auditors
, so it's
, uh, it's me
and
one other person
. Yes
, and
,
um, he still works there and
I'm
, um
. It's
grown to 3, but
I've since left. That was like
8
years ago. Um
, we built it
from the ground
up though,
reading uh
the books
, and
we
,
um, put
the
charters together
and everything
, um, so we built
it from the ground up
and it
was, it was good, lots
of data
analysis and
stuff like that
.
So
, uh, well, I mean, I've
always cared about the
government. I live here
. I've
raised a family here. We've
been raising
a
family here,
love it. I want to cut and I
want
to
contribute this way
because I mean, I, you
know
,
understand accounting. I have
a
master's degree in
accounting,
um
. And
, um, so that's
why fab
when it came up, I saw that it
was vacant. I
, I figured, why
not, you know, this is a good
way to
volunteer. I had
once
,
uh, sat
on the, um
I
always
want to say ethics to
uh uh the
equity
, um, uh, board
. I
did
that about 6
years ago as well.
Um, that was
a
good experience.
Uh, I do apologize
for being
late
, um, that you, you want
showed
up just you, you
have
.
Someone you need to thank, you
bring it
, yeah
, I mean, well
,
she's been like I
just happened
to check my emails, so
. So I
, I
I, I mean
, my
question would be
for this, is that
so you
you I
don't want to put words in your
mouth
, but from what I heard
you say is that you had
your
experiences being an auditor
.
You helped create
the
internal
audit department across County
now build it up
with
somebody
because of your
skill
sets and
,
um, prior experience and
build
it from the ground floor
. What
do you
see here that you
think
that you can either
, um,
improve on
or Delta
points or
you know
, or
frankly
, um, that
you
see
is necessary for us
to
take it to
another level when
it comes to what we do
at
financing gear. Sure
, um, I
think
, um, I
don't, you know, I
haven't
been paying
as
close
attention to
what is
happening
with finance and
audit and
budget. I
do
understand um
city
financial statements or annual
budgets, right
? Um working for
consultants as well. I've done
that
for
various
little
small
cities across
the
us
here
, for
instance
, I
think
uh the new
city
council being brought up
next
to heb
, you know
, I
remember that being
part of
a
capital
improvement program,
maybe
56 years ago
, and, and,
you know, it is
coming
up and
um I've
been watching, you know
parks come up
as well
. So I
know the city's
growing, I just
wanna, you know
, uh, see where
the money's, I mean, that's
what it is
, right
, the
taxpayers' money is uh
. Right,
we're all
servants entrusted
with the
taxpayer's money and
make
sure it
gets
spent
appropriately, right, so I
don't think that, you know,
you're going to
get
anything
very
unique from
me
other than
my experience in
looking
at
documents, having
to
interpret
them very quickly
, and, you
know, understand what's going
on. Um
, I, I, I am
a
pf
101
graduate, so
I did, you know,
at one point, know a little
bit
more paid more
closer attention
you know, my kids
were a
little
younger
. Um, but I'd love to
serve in
whatever
capacity I
can really just
fab I
guess
makes the
most
sense. Ok
. I
thank
you for
, for
bringing
your skills forward. I see
on
your
resume
your uh you have a
certification in
risk
management
assurance. Uh
,
you're
certified
government
auditing
professional
certified
Information
Systems Auditor
, uh
and cia
different
cia
certified
internal auditor. Where, where
did you get
your
master's
degree at, by the
oh, I
don't
know if I can
say because I, I
get a lot of
, I didn't
know how
you want to be able to get
this
position
, right? We're on the
same page
here
. I mean
,
diversity, right? There we
go
,
there we go. We
, we want
like,
no
, but I
didn't know
about
like
school Spirit or whatever,
but I
have
gotten
heat
on
many
Auss
about
that. I
do live
in
Austin. I
, uh, got
it from
Texas a&m
. That's where I got
my
, uh, master's degree
. Thank
you change my
It
was online. I
didn't hear
any
bos
or what.
There you
go. All right. Any
,
any other
questions for
, uh, uh
for MR. Mr
. Centrom
. So thank
you for coming
All right, we
already have a motion on the
table
, uh, so I
will start that
boat. Yeah
so
This
is why we
like people in
person. Finance
and
budget
. The vote is
unanimous. I'm so sorry
, guys
.
I went to the
old
building and
then, so
I'm so
sorry. That's
all right. Thank you
. You
, you
were
successful
. All
right
,
wonderful
. He's like, can I go
home
now? That
, that's all,
that's all you need to be here
for. Now you should visit with
the other people who got
appointed
to the
board. Well,
he doesn't know who they are
yet
. I know
. I'm
gonna go back
and reopen
. Item
4a because I
believe we have some
, uh, some
individuals
uh, in
the audience
with the
uh Bobby Mack
. We
have
this presentation for you. Do
you, do you want to say any
words
? You don't
have to. I can
I
Well
will, I
will
just
reiterate
, uh, how important it
is, uh
. Uh, in Black History
Month that we
support our, our
local businesses
, uh,
especially
, um, those like
uh
your restaurant, which serves
.
I, I'm sorry
, your
junior
taters are
enough for
33 meals.
But
, uh, yeah
, definitely
excited for you to be here
.
We've got this
, uh, if
we could
get in
front of the flags,
we'll get
a photo
of you
accepting this
probation
. So
you appreciate
and get
ok
. Ok
ok
. Why
you pay
. Remember
,
y'all all get
a
hero's discount
All
right
. Thank you for that
.
Um, very excited
. I know, uh,
there must be some, some
weather delays
with showing up
late. Not
our first one
Uh
,
this brings us
to item 7. This
is public hearings
and
ordinances
. Item 7a
conduct
a
public hearing and consider
approving an ordinance
on first
reading with the caption read
in an ordinance of the city
of
Flutterville, Texas, amending
the City of Flutterville
, Texas
Code of Ordinances
, Chapter 92
,
adding Articles 3
and
4
regarding
the
quasi-judicial
enforcement of health and
safety ordinances
, creating
a
building
and Standards
commission
in accordance with
Chapter
54 of
the Local
Government
Code
subsection
subchapter c
to
meet
local
conditions and
the
authority
regarding
the
substandard
building
for
214 of the
local
government code
, providing that
this or
d in ance shall
be
cumulative
, repealing
all
ordinances to the extent that
they are
in conflict
, providing
for
severability
and providing
an
effective
date
. Looks like
we have Mr
. Polanco here
to
present
. Good
evening
, Mayor
council
, uh, Robert Fluco
,
building official
for
City
Flugerville
, uh, I'm gonna be
your host for
the
next
4
items
,
uh, before we
get
into
the
ordinances, specifically
themselves, I'd like
to give
you a
general
overview of
what
my intent
was
for
one's a
one's
a correction of
an oversight
from
an adoption
a couple of
years ago, but
the other three
.
What
my
intent was uh
upgrading
these ordinances
. To
the
city
with a
clear
legally
defensible
ordinances to address
nuisances
unsafe structures
and
related
violations more effectively
.
The revisions
aligned
local
regulations with
state
statutes
established
objective standards
and create
consistent
procedures
for notification
,
enforcement, and hearings
. When
I started
I was
given
the
privilege of
taking over
the
uh
code compliance
division and uh
AUGUST
of last year
and when I
started delving
into
the
ordinances themselves, um
started finding some things
that were
not overtly wrong,
but a little bit concerning,
and
some of
the
statutory
construction
. Was a bit
I
wouldn't say lacking
, but
needed
to
be spruced up a
little bit
. Basic statutory
construction and the way
that
thing that
I've
structured them
are basically
you have
your
definitions first
that define
the terms to be used
inside of
that ordinance. Description
of
the offenses
. The authority
to
enforce
. The
all-important
notification procedures
, means
of appeal, and then penalties
.
Our first one that we're
coming
to
. Let's see
. So
this
is
the
creation of the
substandard or
of
the correct building
Standards Commission. This is
the
building
and
Standards
Commission
. This previously did
not exist and
came
about
in
part due
to
our
um dealings
with a
home that
was
burned
pretty severely
. It
was not
able to
be restored
, uh, it
kind of
fell into disrepair
.
For a good 2
a little
bit over
2
years. We
didn't have a
real
good mechanism of how to deal
with it
. We were
sending
notifications to
the
homeowner
under
various
ordinances
, um,
none of them really
applied
really well. We do
have the
means in
the
international
property maintenance code and
the International
existing
building code. But
the venue
to
hear the, the case
was not here
We've never had a building in
Standards commission here
before
. We
initially
notified
the property owner of the
offenses. We thought we
could
take them
through our city
municipal court
, our legal said
that's
not the
proper venue, so
we had to go to
district court
.
In district court
, it
took us
7
months to get through
district
court. We finally got
the
judgment
. And
we're looking to
try
to avoid going down that
route if
possible
. District
court will always be available
in the event
of
an appeal
, but
we'd like to handle it
at the
local
level first
. So
the
building
and Standards
Commission will
provide
a
structured impartial venue to
hear evidence
, make
findings of
fact
. And
issue orders related
to
substandard buildings
,
reducing the need for
immediate
escalation to that district
court
. The
commission processes
insurers, property owners
receive proper notice
. The
opportunity to
be heard
. And
clear timelines
for
compliance,
repairs, or appeals
.
Strengthening fairness in legal
defense stability
. The
commission hearings
are
typically faster and more
efficient. Hopefully the
district
court
litigation
allowing dangerous conditions
to be addressed in
a
more
timely manner
. Handling cases
locally
minimizes reliance on
outside
legal proceedings,
lowering
costs for the city
while still
preserving the
right
to
do
to
judicial
appeal
when necessary
. The
commission
can order repair
securing
,
vacation
or demolition based on
the
specific circumstances of
the case
. Allowing solutions
that are proportionate
and
tailored rather than a one size
fits all
. Uh
, formal commission
process demonstrates the
enforcement actions or
evidence-based, deliberate, and
reviewed by
an
independent body
hopefully improving public
trust
and compliance. You're
gonna make sure you
get these
right
, especially when you're
talking
about
personal property
You don't want to end up in
a
takings claim, so you
wanna
make sure it goes to
the
right
process, and that is
the
purpose
of creating
this
article
for under
Chapter 92
of
our ordinances
. Happy day in
there
. Any
questions on this
particular one? This is
, this
one's a little bit of a two
part
. But
this is the first
part of it
, Article 4
. Yeah
, I
have
, I
have
several
questions
about
this
. The
there are a
number of areas
where this
seems
to
be different from some
of the
other
city boards
and
commissions, and I'm
uh
some
of these
are better, some
of
these are
. Arguably
, uh, but
they're, they're
not
uniform in
the sense that they're not like
other boards and commissions
.
For instance, at
the at
the
beginning when you
talk about
the compositional terms, you've
got
staggered members, we've
got alternate
. Um, those things
are, are not
uh we don't have
alternates on all of the boards
and missions, but we have on,
on
a number of them
. Um
, that
seems, uh
, within the realm of
the
things that we do. But
there's a, there's a thing at
the end of the
second paragraph
92.16. The
city
council MAY
remove a
member
for cause
set
out in a written charge and as
determined
by the
city
council
after a public
hearing if
requested by the
member on the
charge
. I'm
not
aware of any
other
uh city board
or
commission that
has language
like that
. Uh
, are you aware of
any other
, uh, flugerville City
boards are commissioned that
have similar language. I not,
sir. Would
you
recommend that
we adopt
language like that and
the other uh uh for our other
boards and commission
. That's
a
policy question and
I
say
yes
.
Yeah, that's, I mean
, that's,
yeah
, that, you know
, should we
do that
? I'm
, I'm
asking
the
witness, do you think that that
would be
a
good policy decision
I think that's above my
pay
grade, I
would agree
. Um, on
the
, uh, so then, what is
the
reason to
have
this
language
here, that
if it's not
, if it,
like who
drafted this
up and
and it was
it considered I'm
guessing
what
somebody
drafted
this
is what
best
practices
are
and they
haven't gone back and
looked at all
the other boards
and commissions
, so
consequently, what you
got is
what
would, am I
correct
Well
,
the
, the language I'm sorry, I
couldn't
hear. Right
, we
didn't
go
test it to the other ones
.
We're happy to do so. Well,
where, where did
the language
come
from
? Former
Attorney
Attorney. I don't know
. We
didn't add
to this the other
items, yeah
, that's what I
. Um
,
that makes sense
. And the, the
next section
, uh, you've got
,
uh, uh, a
quorum
requirement of
a
minimum
of
4
, rather than
,
than a than
a
majority
. Again,
I'm
I'm not aware of
any other
board
or commission in
the city
that has a
, a
requirement
that
high
. What's going on there
Pretty important
You
want to
hear
, you want to have
the
most
people there to hear
this thing
because you're dealing
with
private property. This
is
potentially
a
takings claim
. So
representation
is pretty we
want
to
avoid takings claim
.
But even the Board of
Adjustment, which is the only
thing that can
overrule the
city council. It doesn't have
an 80%
. Uh
foreign requirement
I don't think it
has
an 80%
.
Has close to
an
80%
vacancy
rate
. There is sometimes
that
problem
, but so
that means it
could quorum
requirement that's
out of line with with all of
our other boards
and
commissions
. This
does seem
like something that would I'm
not sure necessitate a
higher
threshold
. Don't, I'm not sure
the other
boards have
the
ability to
remove
private
property from
an individual
either. Requirement
Typically,
the Board of
Adjustment was
just to settle
an
appeal to
a
decision made by
an official,
but not to
take
something from
you
. Apparent apparently
the
corparment's the same as
the
boa
. Oh, is it
, is it? I'm
told
it's
statutory
, 75%
. The
zba
board is
, yeah
, I'm not
, I'm
not sure about
this
one
. So
both
of
our
quasi-judicial
boards
that have
the same
structure sense
makes sense
yeah makes sense
makes sense
yeah. There's also a
that
I'm
getting told by myself
. There's
a, a
a
bit down here at
the
this
last
section
about uh the
the uh
the
proceedings
have
to
reflect the
member's vote. Ok
,
that's fine
. Failure
, uh,
absence
, that's fine
. Failure
to vote on each question, but
we don't
have a
why
would
somebody fail to vote
? Normally
the the
the
uh the
failure to
vote on boards and
commissions
that's just if you're
if
you're
recused
under
the
city relic
or
if
you're absent
. Right, but if
you're
, if
you're there, you
have to
vote unless
you've got
a
uh, uh, a
, uh
uh
conflict a
conflict of interest, a
material conflict of interest,
not just a
not
typically taking
an abstention vote, I guess
,
right? Additionally that
wouldn't be allowed. Um
, um,
but again
, not like what we
have on the, on the
other ones
.
Uh, and
I'm
wondering because
,
you know, it does have, as you
point out
, uh, the
ability to
affect
people's property rights
? Do we
need to
, um
uh limit
,
uh, membership on
, on this. Do
we need to say
only
lawyers can
serve on this committee
. Um
,
you know, uh
, Now
, of
course,
you know, a
, a justice of
peace
or, or
, or
a municipal judge
doesn't have to be a lawyer
,
but all they can
do is, you
know
, classy misdemeanors. They
what they
can't
do
is
, you know
affect
the title to your
property
. Uh
, or, you
know
,
potentially
. You
know
, shut
down your property
or demolish
your property. That's a, that's
a
level of
authority, uh, that
we don't
customarily
grant
non-judicial officials. So
I'm
wondering
uh if we need
to add
an additional
limitation there
.
I mean
, that's
qualifications
of members, that's a question
to us
as
part of to the best
of your knowledge
, is
this like
barely standard
, pretty
standard across the state
. Yes
,
sir. So let's
let's, let's
,
let's
, let's
recall why this,
this
is even
being brought up,
and this is where I got to
give
staff a lot
of
credit
because
we did
not have
a
mechanism
in
place
. Before
this, um
. A
for
several years, we have dealt
with
the
dilapidated, burnt
out
house that has
been a um
how
do
I
? Como
Sidi
pariah
on
and, you
know, and it, and you know,
even as
this
counsel
who we
,
we've gone and
had
this
conversation through the years
about
what to
do with
that
home
We had
no
mechanisms
in
place
.
So
I
applaud staff
for looking
at, ok
, what are, you know, the
industry standards, where are
the
best
applicable conditions
,
um, clauses
, everything else
that
goes with
this to
make
this happen
right here
. And I
think that part of it is that
you're asking questions about,
hey, why this threshold and
everything else from there? And
we understand that because it's
it's
what the
industry
standards comes with that
.
Additionally
, you ask, well,
wait a minute, we have some
clauses here that we don't have
in other
commissions
, which
makes us
go look back at, hey
,
we
should probably have that
clause
and some
other
conditions too. We regarded
some stuff that happened
from
there
. I think
this
is great
. I
think
it
makes sense
. I
also
understand your questions
, but
I think, I mean, I don't
, I,
and
, and
you asked the
one
question
about
putting lawyers
on there
. I don't think you
need to
go
on there
. I
think
it's, you
know
, it's fine the
way it is
. I don't know, I
think it's better
without
lawyers. Well
, I'd
lawyers who,
who know the
explicit
law MAY,
MAY, um
. Uh not consider
uh
other
compassionate reasons to.
Um
. Rule a
certain
way. Well, I
have to
say
that the many
, many
justices of the peace that
I
have dealt
with
, uh, my
two
favorites were not lawyers.
There you
go
. Thank you
for
your
agreement
. But
also
justices of the peace don't
have the
the power that
we're
, we're investing in
this
commission
. David, do you have
any, any
other
questions
? Yeah
,
and we
, uh, really
, uh, touched
on this, and
we have, we have
had
this
one instance with this
one building and it was
2 years
2.5 years
, maybe 3 now
. Uh
,
start
to
finish, um
but it's,
you know, uh, obviously that
was one problem and it was, you
know, for
the
people
immediately around that, there
was a, you know
, ongoing
issue
,
but is this
is
this
something
that we run into
a
lot? Is
this
a solution
in search of a
problem, or is
this
a solution
to
a
regularly
ongoing
problem.
I think that
you want to
have
something you don't need it and
needs something you don't have
it
. I would
I'd like to hear
the answer
. What I'm shocked
at
here in the city of Flugerville
is
how many
houses
get struck
by lightning
. Fires
. You'd
be
surprised, especially
in the
on
the eastern part of
the South
.
It, it happens
a lot
. Now
this
particular
fire was
not caused
by
a
lightning strike, and that
was part
of the
issue as
to why
it's
remained in the state
it's
in, it was
an
ongoing
investigation and other things
like that, but
um
, yeah
, you
could have you could
burn the
potential of having more
of
these and
ironically
, this was
in
a
newer section of town
.
There's older sections of town
that have
some
dilapidated
structures that we've dealt
with in the
past from
the
code
compliance perspective
. Luckily
they've come
into compliance
.
With a
lot
of handholding and
working
with them in time, but
it
, it'll happen
It'll
definitely happen
How often? I
mean, is this a once in
a
decade problem? Is this a
once
every 6 months
problem
? No
, I'd
say
. Once every
23 years, I
would imagine, where I came
from my
previous municipality
of a city of
5000
. I
probably
had 3
structures that were
taken care of in that 10-year
time period, so
. When
you scale
that up to the size
of
Flugerville
, I imagine it's
going to happen more
. Is your,
is your expectation that we
will staff
this
with
uh board
members
, uh, consistently, or
will this be more like, I'm
gonna say the, the
Board
of
Adjustment and
the
personnel
appeal board
that
we appoint
about the time that
it's
necessary
. It's preferable that
they're at
least
on board
they're briefed, they
know what
their duties areeducated and
trained and their limitations
.
They're
trained, but
the hope
is that you never see
them
again
. And
I know
, uh, one
of
my, my
big
motivations on this
.
I know going through the
process, I was
, I
think a
, a
lone no vote
on on
going
through
a process on a
particular structure in
the
past. Uh, and
my
reason
was
because we did
not have
the
building
uh and
Standards
Commission. Without
it
, we bore
the citizens board
the
expense
of going to
district
court
,
whereas with this
in
place
, um,
that
, uh, that
burden will be
on the
structure and not on
the
citizens. I think
it serves a
very important
purpose for
us
in in equity
. Well
, if anybody
goes to the
district court,
both sides are going to have to
bear their
own expenses
. If it
gets to that point
, but this
helps avoid that point and puts
expenses
. I
, I am under the
impression that uh we can
reclaim expenses
. With
this in
place. In
my experience, I
think this is a good tool
to
have because it
leads to
education
More
compliance
because people will see this,
that this
is a
tool that Mr
.
Kuanco has and
I
think
it leads
I mean, again, I think
it helps
Another chill in
I, I
have
some
questions. Melody
, Yes
, I just
wanted to
understand
if um
you
know, I know this was during
the commission, but there was a
lot of um
information about the
rules
and
what's considered
you know
, all
the definitions
.
So
are all
of
these
requirements
already
in our
code and we're just
putting it
under
this commission, or
are
these
new
requirements and new
guidelines that
don't currently
exist
. The second part
of this
ordinance
. Yeah
, just when it
when it's
talking about, you
know, what
the standards
, you
know
, what's dilapidated,
what's, you
know, you know
,
occupied
, unoccupied, you know
,
and like all
the requirements
that people would, you know
,
would have
to follow
, um, it
,
are
those
already
existing
somewhere and we're
just
codifying them
here
under the
the authority of
the commission
or are
these
all
new
requirements
that
don't exist
.
They exist in a couple
of
different places. They're
kind
of in
the
public
nuisances
section
, and
they're also in
the Internation Property
Maintenance code
So
this second
section of this ordinance will
just
codify them and give
it
a
more
concise place for them
to
to reference
and
for the
code
enforcement
officer, should
they come upon a
case like this
they
can
directly reference
this
ordinance rather
than the
international property
maintenance code. There is a
a
section in there
that does
allow us
to
use
other codes
as
adopted by the city
of
Louisville
because most of
these are dealing
with
the
structure itself
, but
you're
also going to be
dealing
with
the wiring on
the premises
,
mechanical
hvac
and
possibly
the plumbing as well
. So
that
clause is put
in there to be
able to reference
those codes
as
well
for consideration as
a
dilapidated
structure
. One of
the things
I appreciated that
I
saw in here
too
is
there is
seems like a decent amount
of
flexibility that the commission
has in
terms
of assessing
what
needs to be done
, the
timelines
so
I I I
like that
they also
have
an option, right? It's not
just a
cut
and
dry thing
, um,
in
terms
of
timeline
requesting
uh progress reports from the
owners
, etc. That I think
gives
it a good
amount
of rigor and a
lot of
opportunity
for the
property
owner to um
be
actively engaged and
participate
. One of the
other
questions
I have
, uh, again
,
we're talking
about
property
rights
and lawyers and all of
that sort
of business. Um
the
,
there's
a commission which is
obviously the
quasi judiciary
,
uh, enforcement
arm
. Who's
going to
bring the cases
? Would
would, uh
, citizens be able to
bring the cases
, or
would the
city
attorney bring the
case
?
How would
that
presentation be
done
? It is done
by myself as
the
billing official, as
it
says
in
section
, the role of
the building
official
in 92.20.
The
building official of
the
city shall
be authority
to
present all cases before the
commission. It would just be
like a prosecutor
. So
we
get a
complaint. House
is dilapidated
we go out and do
the inspection
We determine
, I'll
determine
whether I believe
it is
. If
we
do not
get
compliance, that's
when
it then
we call
the
commission
. We present
the
evidence. We send
the
notification
. We
, there's
several other
process and
notification before it ever
gets to the commission where we
try to
work out with the
homeowner, hey
, let's
address
this thing
. If
they
fail
to
comply, they don't
meet
timelines
, they ignore us
. Then
we
call
it
the
uh Building
and
Standards Commission. They
get
notification for
that
hearing.
They can choose
to show
up
and
show
evidence contrary to my
claims
. That
it's not
a
dilapidated or
dangerous
structure
, and
uh, the board
makes a decision at that point
.
How to move forward with it
.
Now you talked about
, uh, about
notice here. I noticed in the
,
in the
section
about
notices
hearing. It talks about
uh
personal delivery
, certified
mail
, um, signature
confirmation service. There was
nothing in there
about
electronic
. Uh the service
. Uh
email or not found that to be
standard
in
state law
. It's
always going to
be
male
or
posting
directly on the
property or personal, giving it
to them personally
. I've
never
seen anything with regards to
electronic notifications and
who would that, would that
service
be
done
by
a constable?
Would that service
be done by a
city official? Would the
service be
done
by a
private
process server? How would that
be done
? Mail
obviously by mail
certified
mail certified return
receipt
. Uh, signature
requested
, posting directly on
the property by myself or
one
of the
codeforcement officers
.
Hopefully by that time we've
identified
and
maybe
made
contact
with the
individual,
the homeowner
. And
it
, it
doesn't have to be all three.
We
, we really
like it to be
. In
fact
, we always hit at
least 2
.
It's always going to be mail
and we'll always post on the
property
. If
we
can
make
contact with
the individual,
we'll also give it to them
personally, but no
, it will not
be
a constable or
sheriff or
police officer. It will be
ourselves. Ok
. So
if I
understand correctly
the
initial steps of
um notifying
a
violation through
code
enforcement
will still occur
and then this
is just that
then
this instead of going straight
to court, this is
the
intermediary
, the intermediate
step on that. This
is a last
resort. This is like
the
nuclear option, you
know
. Put
this on. From the moment they
receive a
, uh, a notification
at the time
it
goes before
this
commission. What do
you
estimate that time frame to be
?
It varies based on
the
communication we're having
,
whether they're willing to work
with us
on
average a lot of
nuance
to the
, the
time
limitation The limitation
initial, the
very first
, the
initial notice
of
violation
typically gives
10
to
15 days
to make contact with us
. Now
we
obviously know
you
cannot
correct the entire
thing
in
that amount of time. It's just
get a hold of us
Let's start
working this out, see how we
can get
it fixed
. Now
that's
when
it
becomes nuanced at
that
point, whether they're working
with us
, whether
they're
ignoring
us, you know
. It's
just not
something you
want to,
yeah
, I'm
thinking of the, the
house that
, uh, um
. Let's say
congressman
, COUNCILMAN Mateer,
uh, mentioned
, uh, I think you
know which one he's talking
about. I don't want to
say it
out here
, but, um
. Let's say
that that particular home
. You
,
you gave them
the
notification.
We know that
that owner gave us
a lot
of difficulty
. How long
do you think something like
that would
have taken before it
goes to the commission
. We'll
do
first-round notifications
.
They're just ignoring us
. We'll
try again. We'll do
a 2nd
round
We'll do
another posting on
the
property. We keep
trying to
track them down
, maybe
3 or
4
months
. Ok
. That's
more like
a
90
day thing
instead of
a
3-year
thing. I just want to be
able to give
, uh, the
appli or
the, uh, I wanna
make sure
they've got plenty of time
to
even come talk to
us
and
state
their case
and everything
else
. So that
. That
sounds fair
to me. One of
the other things
about noticing here, you've got
a
, a requirement that the
notice be
published in a
newspaper of
general
circulation
in
the
municipality
Um
, I mean
, those
, uh, that
kind
of language
and statutes
.
You know, goes back
to
the
18th
century, uh, and
it was, you
know
, a reasonable thing to do
in a time
when the only way to
get notice to
people was public
notice was
through newspapers,
but
um I'm
wondering is
, is
that required
by the
state
statute that you have to have
that newspaper
notice
? You
, you
know, you know the answer
to
that. Well, I was, I was
hoping
that
the legislature has moved
into
the 21st
century. You, you
you know, you know
our
legislatures still have
not
changed that
. So
, uh, I'm
wondering if it might be
also
,
I mean
, more realistic because
nobody reads
newspapers
anymore
uh, to
have
a
requirement to to
put
a notice about
this kind
of
thing on
the
city
website
, uh,
because that, I think, is
much
more likely for people to
, to
,
uh, to find out what's the
city
doing? Well, we'll just go to
the city website to find out
what
the
city's doing
, rather
than
a newspaper
. I mean
,
what's
up, you
know, kids
today
they don't know what
a
newspaper is
. Um
, they'd be
more
of
a
policy decision. I
don't know if there's
, well
,
should that be part of
the
this
uh of
this
notice section
. I
mean, that is a
policy question
I would, I would ask uh who
the
intended
, uh, recipient, uh,
the
, the intended audience of
that
hosting is because I think
the purpose of
the newspaper
posting is
once
again, you know
noticed
by publication
. Trying
to reach
the
owner
of
that
nuisance. And I don't know that
it
really makes a, I don't know
that the owner of
the nuisance
is going to notice it on
the
website and not the
. Newspaper.
No
, but the
, uh, nobody's going
to see it in the newspaper
, and
uh you know
, maybe
one of the
,
the
, the
owners
of
that
nuisance. You know
, has a, a
friend or
relative who
you
know
lives in
town and
might and
says
, Hey, look at
the
and say,
hey. I think
they're both going
to be obscure like because
where
would you put it
on the
,
I think
we conform
to
this,
yeah, I was like, I mean
,
conform to the set
and I feel
like we've had this
conversation
where then we have
a
debate about
the
radio versus
yeah
, it
was
feel
well
, this
also
does say
if
personal
service cannot be obtained
. So
this
was
only
Yeah
, we
, so
Robert
, you, you feel
comfortable in, in, in this
, in
this, the
language that's being
proposed right now, correct?
The
general newspaper
requirement is and
that's
mandatory regardless of what
their services is obtained
in
another way
. And
, and also
to
be
clear that
you went ahead
and you looked at what
the
industry
requirements were,
what they were looking at, what
the
, you know
, regarding
the
applicable conditions here and
give it
enough
time deviation
because you want to make
sure
that they
do have
due process
if possible
, correct
? If i
recall
correctly, you're
also,
isn't there a
licensure where
you're one of 900
people in the
entire world
has
a
license
regarding, um, is
it
building
expertise or what is it exactly
? Uh
master
code professional.
Ok
, master
. So 100 in the
entire world. Did you, did
you
recently teach a
class
on this
?
I taught a class, no, I was
teaching yesterday
in
Houston
on some
other
code issues but
uh so you teach
about code
issues and
code enforcement for
other
people. Correct
, that's
,
I've been
at Codenport
. That's
how I got
involved in
uh
municipal government. I was
code
enforcement officer
first
.
I've been, I've been a
code
enforcement officer
for
18
years. Oh
, yeah. All right.
Mayor
, I
feel comfortable about
the difference. So to
, uh, to
remind
the public
this is a
public hearing on
the creation
of the building
and
Standards
Commission, and I would ask
if
there's anyone in the public
wishing to make comment on
this
particular item
. There are most
you could post
public comment
.
I have a motion
from Caesar and
a second from Kim and Rudy at
the same time
. Let
you choose
Kim
. That
closes the
public
hearing. Motion to put 7a is
presented. So I have a question
Um, I have a motion. Did I have
a second? I
, I did, yeah. All
right, I have
a motion from
Rudy and second from
Jonathan
further
discussion. Um, back
to
the
item
under
92.17 rules
of
procedure about
the failure
to
vote
. Um
, are we
saying that
this
commission someone could
abstain for a reason other
than
conflict of interest
. Robert,
can you, can you
clarify for me
? So we've got a
uh a 4 out
of
5 required for quorum
. If 4
of
those
show up
, then 3 are
required in
order
to
pass
something. Um
. Right. And one
of
them
outstands because we're
talking
about 92.17 rules of
procedure. Yeah, the
, the final
I read it, it's not
that they
it's just
the minutes of the
meetings are public
records of
the building and
Standards
Commission's examinations
,
official actions
, and
other
proceedings
, and
shall reflect
each
member's vote
, absence
, or
failure to vote on
each
question
. It's not saying you
have to
vote
. It's just saying
that the minutes are going to
reflect whatever that member
did. It's not saying they
had
to
, but yeah
, typically our
,
our statutory
requirement is
that
you
, we
don't abstain
, but
if you happen to step away, we
had a couple
of folks away from
the
, the dais when
, uh, when we
took a vote, I would
imagine
the
minutes would
reflect
that
they were not
in their seat at
the time
, as opposed
to
absinthe
. Whether that's the
same
thing
. Our attorney, well,
I think that's why you have
the
alternates right here
, is that
you're going to have a lot
enough time to figure
out who's
got a
conflict and and if that
person's got a complic
, they're
not going to show up for the
meeting. It's it's going to
be
probably one
item and you're
going to get an
alternate in
there
. Excellent. All right,
feel comfortable with that
. All
right
. Uh
, motion
passes 61.
Thanks
, Robert. Thanks. Well,
Robert's not
done though. I
don't know if you want to take
a seat while I read this
. Uh
,
conduct a public hearing. This
is
item 7b. Conduct a public
hearing and consider approving
an
ordinance on first reading
with caption reading an
ordinance
of the city of
Flugerville, Texas
, adopting
regulations related to
junked
vehicles as a
public
nuisance
,
providing for the
abatement and
removal of
junked vehicles,
providing for
the notice
,
hearing
, and
enforcement
,
providing penalties
, repealing
conflicting provisions,
providing
a
severability clause
and
providing
an
effective date
Uh
, Robert, you're
, uh, you're
with
us again
. Ok
As
stated on
the screen, the origins
has not
been updated
since
2006, and I
think the, the
thing
that
triggered or that caught
my
attention
mostly was
the fact
that the
current
ordinance does
not
include
unregistered or
more properly put
, expired
license or does
not display as
part of the
definition of a
junk vehicle
. What
you have
to
understand with
junk vehicles,
again
, it's
a takings
. These
are not the
abandoned vehicles
you see on the side
of
the
road
that
typically pd
will tag toe
store
, and
either sale or get
back to the
. To the owners
When
you tow a
junk vehicle
that
vehicle's done
. It has to be
demolished
. It can
no longer
be
resold
. It it's, it's gonna
be
crushed. It's taken
off
the
dmv
records. We send
in
the
vin
numbers and
it's done. So we
want to make
sure that
the
uh
definition is in
accordance
with
state law
with regards to
that
. The
notification
provisions have also
been
revised to better align with
state statutes
, replacing the
current truncated description
of
the process
Here
in
quest
process is
separated
into
proposed
section 9306
and
includes the
defined timeline
for
submitting a request
.
Currently no timeline is given
.
The proposed
section 9037,
conduct of hearing
was added
to
clarify timelines
for
hearings
and
address situations where
the vehicle
is relocated but
remains
a
nuisance
. That's
you've cited
at
one address
pops
up
somewhere else. It's
the
same
vehicle
. They're
just
moving it around
. And
specify
required information
to
be
included in an order for
removal
. The
statement of
the
current
section
9303c requiring
a
public hearing prior
to
removal of
a
vehicle
or
vehicles part of
public
nuisance has
been
removed, so
no
longer do we need a hearing
for that
? You
can
get a
, before
we enter
this
is specifically
for those on private property
,
pd deals with the ones that are
on the
right of ways
. We would
still
need to go get a
court
order to be able to enter the
property
. In order, unless
the
owner gives us
permission and
we're taking it
. As part of
a
compliance agreement
.
Provisions of the current code
allowing for the
sale and lean
of a junk vehicle are
no
good.
As I said
, once you, once
you've told this thing as
a
junk vehicle, you
cannot
resell
it, can't file a lien on it
.
The authority is not found in
state
statute and has
been
removed
. And authority to
enforced provisions in
19,310,
violation
of penalties
, 9311
have also been added
. Again
,
abandoned vehicles are still
able to be
um, enforced by
pd
under
Texas
Transportation Code
Chapter 683
um
one
other note
,
antique vehicles in the current
code
of ordinances lists them
as
35 years
in accordance with
state statute, it should be
225
years
. So
, so this is
a cleanup
Cleanup
and
better
statutory
construction
. Yeah
, I believe
we used to refer
to
them
as
undrivable vehicles
, always
considered
an
undrivable
vehicle to be one that
can't
legally be driven
as opposed to
one that can't be driven under
its own
power
, but this uh um
this certainly cleans that up
and
makes it much more
explicit
so there's no need
for
interpretation. Uh, counsel, do
you
have questions? I
was going
to say thank you. I know one of
the
reasons we looked at
this
years
ago was
what happened in
historic colored
edition
. There
were so
many
junk
vehicles all
over the place
over there
. It
was repugnant
to say
the least
,
and for folks who are going
to
Saint Mary's and then
, you know
dealing with the cemeteries
out
there
. It, it
was a
hard to
get
that
cleaned
up
and
so
I'm just
glad
we
got something
now where
we won't have to have that
anywhere in part of the
city
again
. So I'm glad we won't
have a
junked
aircraft either.
So
of
course
, all vehicles I
saw that definition
in
here
watercraft, yeah
, I
know
the
spirit of
this
is, it
, it's
dead on. I mean
, I agree with
it
. Let's say
, because it
happens, some people turn their
old vehicles into art in their
yard or
they
have
big
properties like
the, you know,
the Austin had to do something
like
that
, yeah
, or
a
or a oh
my GOD, people have tractors in
their front yard
. It's
undrivable
. They
have plants
and everything else all around
it and it's part of
the
landscaping. Where, where does
that
fall? I mean
, is if
it's,
if
it's
not
really hurting
anybody, does it
? Fall
under
common sense? We're not going
to mess
with
them, or how does
that fall
? Well
, define
hurting
anybody. Well, I
guess that's,
that's actually
one of the
things we took out of
the
public
nuisance
ordinance was,
I, I'll read it to you
guys
here in a bit because
it was a
very subjective clause, you
know, that
didn't apply, but
to
answer your question
, it's
going to be a situation by
situation
. I think in that
particular
case
, I
would defer
that to court
and
have a judge
make a
ruling on it
. Tractors
were
never
licensed, so it's, I
don't, I don't think
that'd be.
No, I think of
, uh, there's
one
company in Austin that had
a
uh
drunker
that they
had plants
and everything in and the
city
did make, oh it was in San
Marcus and they had to move it
to or one of the
two. It was in
one city and they had to move
it to
another
. It was, it
wasn't too
bad looking. I
mean
,
they decorated it nice
, but
yeah
, I see some of
this as
I'm
driving
around
Huddo and some
of these
other properties
and
so
, um, some
of these
more
urban areas
, but
I just wanted
to
c lar
ify that. Thank you.
Thank you. Uh so
, I
, yeah, I
thank you for
, uh, looking
through this and doing a
, a
cleanup and bringing it into
compliance with the
state
laws
you've mentioned
, um, I
had a,
a couple
of
questions
. Um
, do
we have
, uh, just wondering, do
is
, is this
a big
issue that we
have with
junked vehicles
. Um,
let
me, um, there
was
some
discussion right now
. I mean,
so I don't know
if that was
,
that
is the
situation
that
was
addressed
, but
like ongoing
. I
,
I'm just curious cause I don't,
I don't really know
. It
is
ongoing, and
there are quite a
few
, but there
are still
some
limitations of what
we can
do,
even with
this cleanup
, you
know
. You can't, it's got to be
seen from the right of way.
That's the
biggest
thing with
pretty much any
code violation
.
Or a majority of them
And
you
can't you've got
to use the
naked eye
. So
I, if
I'm looking
for this
unregistered plate or
.
Uh sticker in the window, i
can't use my Zoom
on
my
phone
to
zoom in on it because
I
wear
glasses as it is, so I, if I
can't see it
, you know, I
, I
can't artificially
you
know
,
zoom into it and
try
to
identify it as such
. So
there's
still
some limitations
. There's
things in state
law
that are
silly, but they're in
there
like they
can screen it with
a
rapidly
growing
shrub
. That's
everyone's favorite
. How
long
it takes that
shrub to grow
,
who knows, but
they, they can
do it, and
there's
no
defined,
you know, it doesn't have to be
this high, it doesn't have to
be
fully screening it
, but
there's ways they can come
into
compliance. Again, we're
just
trying, we're not
trying to
be
punitive
, uh, we're
just trying
to get
clean things
up. They
can move it
. Out
of
the
public
view You
can tarp it
that
in
itself becomes another issue
because you know
those things,
weather, and then they start
blowing and
they look worse
than the vehicle did just by
sitting there by itself. So
, Oh
you
can tarp it
You
can. Oh
, ok
Were it from
public
view, you
know
. Hmm
, ok
. Um, I did have
one
other question because it
mentioned the cost
of
disposal,
and then
there's fines
and
whatnot
, um, and
since
this is
a vehicle, I was
just wondering
how
our fines
and cost
of
removal
, um
collected or is
there like a, I don't know
if
there, because the
other
um
item mentioned the liens
against the property
, and I
just, it does, it's
silent
about that
, so I was just
wondering
. Um
, 93.13
for the
,
the cost, and
then 93.11
for
penalties
. Yeah
, you
did
mention that
you can't place a
lien on the vehicle because the
vehicle is gone. Yeah
. So
these
are
administrative fines
.
They'll be
administrative fines
imposed by
the
court
. Um and
and imposed
on
the vehicle
owner
, the property owner
.
Property owner
, property owner
is always
responsible for what
goes on
property right
it's
their vehicle or not
. Um
All
right, did
that answer your
question, Melody
? Yeah, so I
, I
appreciate, um
, the detail that
you provided about what
you
changed and and
and this
ordinance from what exists. So
thank you
for
that. Any other
questions? I have a couple of
questions. I want to
echo
the
appreciation for
the
thoroughness, both
the
COUNCILMAN And Councilor Ryan
.
Of uh
expressed. I
think that's
a, a, you know, you've done a
really good
job in terms of
the
mechanics of putting this whole
thing together
. Um
so I have a
,
a
, uh, a hypothetical, um
. And
it's
not
particularly
hypothetical
. Um, so you
have a
uh, driveway
, uh, that
has 4
cars
. The
two that
are nearest
to
the
garage in
the
driveway are
clearly undrivable
Flat tires
you know
, uh,
license plate
from another
state from
another
decade
, um,
but there
are
two
operational
cars behind them
. And
those two
operational cars
, uh, you know
,
move periodically
and and uh
.
Uh when they're
in
the driveway
of course they're screening the
view, but when
the two
operational cars
are gone
,
you've got these
So
, is
your
question, can
you temporarily,
can you screen with a
temporary
obstacle? Right, and
, uh, also
,
and then the
matching question
is, are these going to
be
completely
complete
complaint-driven, or are they
going to be
uh, is this going
to be something where we're
going to have
people
driving
through the neighborhoods
definitely get both and we
.
Most definitely stepped up the
proactive enforcement of the
lot of our ordinances
. Summer
,
so what
happens in, in
this
hypothetical, it's not
very
hypothetical hypothetical
. We
just continue to
monitor it
till we can
correctly
identify
it as such
. Take
the pictures
at
the time
, hopefully
when
the
operable vehicles are
. Say,
removed or out of the
way and
then we can identify it at
that
point. Now
in
this in this
particular instance
, maybe
been
more than
a decade
where
those
vehicles have been there
. In
the driveway
not moving. So
this sounds like
a
uh
complaint-driven enforcement.
It's
just
, I'm
not making a
complaint
. I'm just, you know,
can
a citizen
. Can
the
citizen
take
a picture
of
when it's
not
blocking
to submit it
or do you
is
that sufficient or
do you
have
to physically see it on
,
um, visual, I mean
, a
physical
inspection. We
have
a
policy on
citizen photographs. We use
them to
help identify things,
but we could use them in any
sort
of prosecution
. The
officer, the code enforcement
.
Code compliance officer has to
witness
the
offense
because
they could be called
to testify
to those facts
and findings
. If
they didn't take the picture,
they can't testify to that
. So
,
So
if you can see it from
a
certain point of view
that
there's flat tires and whatnot.
I, I'm
just wondering you
mentioned earlier it has to be
seen from the
right of
way
without any assistance
, so
you
can't be
sure
if
that person
was, you know, from
their
window or
on
private property
or if
they used
their
Zoom, so
yeah, it
would
be
that
such
information would be
useful in
helping
to
identify
and create
the complaint, but
not
in
the
enforcement at least it gives
us, ok
, I'm looking
for
a
red
vehicle
at
this location. Mhm
Helps us
narrow them down
. So
melody
, we've
had folks
who've
had
even one property
. Off of
Coy lane that
had hundreds
,
hundreds
. Of
these vehicles on
the property
, but they could
not be seen
. Yeah
. So
it
wasn't
until someone else bought
the
property
. And
removed
those
hundreds
of vehicles do we
even
know that was existed over
there. We
have another place on
uh, near
, um, Emmanuel, that's
that's the next one
, so we have
to play something manual on
Wells
branch where
lots
of
projects
, and somebody
how did,
how, how do we put it
, um
. I'm
not gonna say threatened
. But
stated that if we
wouldn't
allow for a
rezoning to happen
,
it would continue to house
. A
lot of
junker vehicles
. There
there, ok. Any other
, uh,
questions from counsel. Uh,
David, was that
that was your
too? That was my 2. Thank you
very
much
. Excellent job. All
right
, uh, and
to remind the
public, this is
a public
hearing
. Is
there anyone
from
the
public wishing to speak
on
this topic
. Looks like I've
got
someone interested in speaking
on the topic
. All right
ok
. I
think she's gonna speak
against
it
. Ms
. Dunbar
Crespo. Have
you
had
stepped forward and
introduce yourself? Yes,
fitting
and
marrying council
city manager. My name is Ursha
Dunbar Crestha. I am
a Hoville
resident
. And I really have
a
clarification question more
than anything else
. In
the
definitions under
paragraph
93.01
. It
allows a vehicle
, an
additional
24 hours for
a
vehicle before
it's defined
as
inoperable
. And also the
number
of
days changed from
14
days
to
30 days
. So we do have
a
problem
with
inoperable
vehicles in the city of
Flugville, so I
was
more
wondering
why
those
additional
days and
hours
were allowed. Do
you have more time
. That's more
in line with state statutes
,
ma'am. Um
. Mic, we need to give
them
an opportunity to fix it
so they can
get it
out
of
there
Well, it, it's
just
the
identification of it to make
sure it
is truly a junk
vehicle
Uh
, municipalities
can be
more
strict than state
but in some
cases, you just want to go with
the state standard
, and I
think
this is one of
those cases
. You
don't want to jump the
gun on
it, yeah. Yeah
. So
how often do
we
have vehicles um that are
abandoned on
public prop I mean
public property
, not public
right of way
. I'm assuming that
this applies to the 72 hours
Public property would still
be
pd
. They
can tow
those
within
72 hours
, I believe, and that'd
be like
a
park parking
lot.
Correct
. Um
, again, this is
a
public hearing. Is there anyone
else in
the public
wishing to
make public comment
. And Urcha,
did you get your question
answered
? You wanna come up and
make
more
comment comment
. Not
exactly
. Can you
give
me
the
specific
state statute
that
allows the
72
hours versus
the
48
and I'll
have to
email that
to you I
would appreciate that
.
I'm a part of a
homeowners
association and we deal with
this all
the time
, so it's just
gonna make it that much
more
difficult for us
. If
now
someone has
all
those
16
extra
days to
deal with an
inoperable
vehicle, and you
do see
them
drive around, you see them in
the driveways
. So yeah
, if you
can give
me
the reference, I'd
appreciate it
and we can go
from there
. After this
, I. All
right
. Get
you my
contact info
.
And
with most
, uh, as
with
most
ordinances
, this will
require a
2nd year. Or
a
2nd
reading
,
pardon me
to close public
comment
. I have
a motion to
close the public comment
.
Second, no, I already, I'm
sorry
, I got a second from Kim
.
00
. Ok
Uh
, all right
, uh,
public comment is closed. We
have a ordinance before us
.
Moves to adopt
Second
, a motion
from David
and 2nd
from
Jonathan
. Motion
passes
unanimously
. All right
, Robert,
don't go far. I've got
, uh,
this one's a little shorter to
read
. Uh
, item 7c
conduct a
public hearing
and
consider
approving an ordinance on first
greeting with the caption
reading
and ordinance of the
City of Flugerville, Texas
,
repealing
and
replacing
Chapter
92
, Helton Sanitation of
the
of
ordinances providing
for
procedures, penalties
, and
remedies
, and providing an
effective date
. It's all you
,
Robert. Ok
This
is
another
restructuring of
this
particular public
nuisance
ordinance. Again
, the ordinance
has not been
updated
since
2007
It had
a
standalone section
addressing wells
and
cisterns
,
which
were removed
and
consolidated under the
broader
definition of
a nuisance
.
Before, in the
old ordinance,
high weeds
and
grass were
part
of
the
public nuisance
. Um
delineated articles. It, it has
now
been separated into its
own
Article One
. Providing
clear
identification
of
responsible
parties and
specifying
locations where conditions are
prohibited
. High weeds and
grass provisions
now
reference
the
standardized notification
and
enforcement
procedures in
Article ii
, Section 9213
, as
well as
a
penalty
provisions in
Article 39214
. The
subjective
language previously used to
describe nuisances
has been
replaced with
more
objective
and
specific descriptions and
the
scope
has
been
expanded to
include miscellaneous
sanitation issues and
the
storage
of
discarded materials
uh consistent with the high
weeds and grass provisions
, the
public nuisance section is
our
reference
standardized
notification and
enforcement
procedures
. Notification
,
enforcement, and
penalty
procedures for
the nuisances
have
been separated into
distinct sections
and expanded
to more closely align
with the
state
. Uh
, one of
those
subjective references in
chapter 92
, Public
nuisance
definition stated
a
public
nuisance is something
that
greatly offends
the
public
morals and decency
. I
, I
can't
enforce that. You know
, I just
,
I can't
. 16
. Noxious weeds were
referenced in the
in the
high
weeds. What's
a noxious weed
? I
don't know
Perhaps our
arborist
could
. I guess is that
that is
that that pollen? Because I
would love
to
outlaw. I don't
know. Don't outlaw
it
altogether. Just the
allergies
.
Another definition was uh of
a
public nuisance
is
that
substantially annoy
the comfort
health
and repose of the
safety
republic. So
to
substantially
annoy
. That
seems
different
than annoying or
reasonable
person. Yeah, I, I can't, I
can't
enforce those types of
things
. So
. We've taken those
out
and more clear
, concise
objective language. All right
.
Counsel
, questions? Um
, I have
a couple
of questions
. Um
, so
in
the
violation section
under
92.14
. It
mentions that the
fee
ranges from
$10 to
$2000 per
day
, but
it
doesn't
provide or
ok
. Well
, regardless, it
doesn't provide um guidelines
as to
which
fee level
is
going
to apply to
which offense
.
Separate offenses
committed on
each day that
the violation
exists unabated after the
deadline for abatement
and
removal established
by
92131c
.
Any person
violating
this
provision will be
fined not
less than
$10 no more than
$2000 per
fence
unless
otherwise limited by
applicable
laws that gives
the court
a
range
This
, this will be done
in court. I
don't
, uh, we don't
issue citations I don't
have
citation power. Oh, ok
. This
would go through the
normal
notification
procedures and
they're either going to work
with us or they're not
. They
don't. We file it
in municipal
court
. I think
this just
gives
the judge
a
good range
to be
able to deal
with
it based
on
the
conditions that exist
. Why
is the range so large
I
, I
imagine is
that statutory
, the
uh it is
$2000. $2000 is
the
limit the
statute for this type
of offense
. Could
the
range be
smaller
? It'd be
$10 to
$500.
It could
be 500 to
2000 that
that's
a policy. You can go
to
2000, but you can go lower than
that
. That's the
, that's the,
the, the
State
limits us to no
more than
2000, but
we
could
for health and
safety. We
can
help the
limit
lower than that.
I
mean
, 10 seems kind
of low
for something that has
gone
to
court. Yeah
. Sorry, I, well
, I
didn't read
this
as to
apply
to
court
. So
, um, I'm not
sure
that it's
for
the
regular
person reading this, that they
would
understand that
to
be
related to going to court. I
don't know if there can
be
any
clarification on
that or
or if
that's
just
the
regular
language of the notice
of
violation that we
send
out on
we've got
a
standard stock
letter that we
send
, it'll
identify as
a property owner
.
It tells you what
your
offense
is
. It gives you a time limit
to
, uh, comply
. And it also
gives you your right
to appeal
.
And it also states that if you
do not come
into compliance or
you don't reach out to us
, then
then
the case will be filed in
municipal court
, and then the
second page of
that notice
.
Gives the
ordinance language of
the offense
. The
appeal
procedure, and
then the
range
of penalty
. But
I understand
what you're saying. Ok, so upon
reading this again
, um, in
response
to
, to your
, um, your
point. I believe that, so it
says a
separate offense is
committed on each day
. So
each
day is a
separate offense. Is
that
correct
? And
so then, and
then you can't
be fined
not
less than
$10 no
more
than
$2000 per offense. So
that
could be daily
. So
it
could be
up to
$2000 per
day
. So I
, so
that
was just my concern
because I
didn't know about
that
, so
the discretion based
on
, um
, Mhm
. But, ok, so
, but
what the
prosecutor puts
forward and the
judge
has
the
ability to
and
this is, right?
It's all
in this is our court
,
the judge that
we oversee.
Correct
. Ok
, and
then another
question I had is there a
process for
a hearing
or appeal
of
the violation or of
the fees
charged because I
didn't
notice
that
in
this
um document
. The
appeal is
is
through
municipal
court municipal
court
. Mhm. Ok,
because
the
other
ones
were
specifically
defined
. This is
your right. This is how
you
appeal. This
one doesn't
So for
a
regular person
who's not, you
know, well versed
in this
, they
would see
that there
is
no
listing of
how you
can appeal.
Yeah
, I disagree. Once
there's
notice given on this
, they
would
specifically tell them
as
they
, as mentioned
, uh, what
the process is and
what their
rights are
. Ok
, so I'm just
looking for
, so why do we have
it
in
one section about a
hearing and appeal
and then not
in
in another
. Those are, I
believe, are, are the
others
administrative fines or are
those
also
court
administered
fines in the
other
section
administered fines
as well
. Ok
Uh, I mean
, it's Yeah, I
, I
don't know why
they
one
ordinance has
it and the others
don't. It's
I think
I
think
he's right in the sense that
that it's gonna be spelled out
in the letter, and I think, you
know
, pretrial hearings, you,
you get your you
get notice of
how, you know
, the process and
you
can
appeal these to county
court of law. You, you
, you
literally
, you literally would
be put on, you
, you literally
will have
. The steps
for Pe
given to you
over
there. So
information
given
to
a
one
individual through
this process
but it
doesn't
allow
understanding for the
general
public
about whether
the
appeal
or options are. So
I do, I
do
think we we
should probably add
that language to the
uh to
the
ordinance and, and we
could
consider that with an
amendment
I think
we also, as
we go
through this, we
need to
consider
our audience. I
don't
think
our
typical
audience is
,
is someone who
can't go to
sleep, so they're
reading
our
ordinances in the middle of the
night
. But
it's someone
who has
received a letter, received
a
citation, and
is
seeking, you
know
, understanding of how to
proceed. That MAY be spelled
out in the
letter, but it
should also be spelled out in
the ordinance
, right? I
I
understand
. Um, part of
the
notification
process to
, uh, in
certain circumstances, you get
an
advisory
card
first, which
doesn't even put
you
, you
know
,
it's not
a violation yet
. It is
but it's, it's
, it's
your
first
warning. It's
, it's very much
a
warning
. And
then next one that
comes will
be
the official
notice of violation that comes
via certified mail
. I have a
feeling there's gonna be a lot
of handholding
through
these
processes. There
are, and
that's the only
way you
gain
compliance and that's our job.
Compliance is
the goal
because
it's like we've dealt
with our
police
law enforcement
here
, um, we specifically,
that's what we want. We
want
compliance as opposed to. So
Mayor, are
you asking Robert,
to go back
and add
the language
to it and bring it back another
day. Well
, I've
heard that
the
language
, you know
, is
in the
other
ordinances that
we're
working on tonight. I
think
it's
appropriate
that
uh where
someone to move
to
approve
this
with
the
amendment
that
include
the um
same
language, MR. Mayor
would you, I wouldn't
accept
because this is a
public
hearing
but I, I would be
happy
to
consider that in a little
bit
. Uh
, Robert, what else do
you have for us
Uh, that's it
on
, on public do we have any
other questions? Unless you
have any other questions
. This
is a, oh, no
, I
just wanted to
,
uh, again
, um, I appreciate the
thoroughness that
you've
demonstrated here. I
, um, also
,
I'm glad to see that there's a,
a
separate
section for
high
weeds because I
, I also
have
been involved in the
neighborhood hoa and
that is
a
conti
continuous problem
. So
I
appreciate that you're
addressing
it
with
clear
guidelines
that a
normal
person
can
understand that's, you know
objective
. So thank you
for
that. I don't know
. This is a
public hearing. I
would ask if
there is
anyone from
the public
wishing to speak on this item
.
Looks like I've got, uh, I
got
one if you come forward and
state your name
. Uh
, this is
Scott Staperman
. Um, I guess
one simple part about this is
it doesn't
same
thing about the
hoa
. If
their
findings are that
they have somebody
that
they
reported to y'all
take
into
account
their timelines and
their deliver of
notice
or
delivery
of it's going to be
expensive. Can you, can you
get
closer to
the microphone? Did
y'all hear
that question
? No
, I
I don't think we heard it on
the microphone
. That's
fine
. I
guess
the question
was
if
there's
nothing
specifically
mentioned here
about
the
hoa.
If
the
hoa has proceeded
with
their own
um notifications
or
deliverables
. Does this
take
into
account
their
timelines
or
you're asking for if
the
hoa's
notice, so this would be a
judicial process
. Ok, so
I
don't
think we
could rely on
the hoa to kick off
that
timeline
. It
would be
, I would
ask that if there
is
a concern
that
the
hoa
raised the
complaint as well, so
that
the
judicial
process could
be
undertaken
. Robert
, would you
like to
add anything
? It's just
a
municipalities and ways are
two different. We, we
don't
enforce
hoa and they're,
they're just completely. Now
what you can do
is you can have
a
court and you have a judge
and ask the
judge to
take
judicial notice
and hhoa
has
adjudicated the same
. You know
,
action, so I mean, I think
it's
redundancy, but those are
two
different processes and
procedures over there as well,
but
I mean
, so
this
would
effectively start at like
ground
zero day
1 day this
one
for the judicial
process, yes
.
So if the hoa has
been going
on
for
9
months
and
you're
finally
getting to the city
. Please
come to the
city
sooner
. So I
,
I advise
that
a lot
because
people sometimes take the
city
more
seriously. Well, when you
have, I was about to say
when
you
have
judicial authority
, um
yes
, yes
, remember
h Hways can
take you home. Is
there anyone
else from public
wishing to
make a comment on this item
?
They
don't
want to
. I
see
none
.
Where blue
clothes, hole
collars
. I
have
a motion from
Caesar in
a second from, was
it
Jonathan? Yeah, and
I'd
like to
add a
, a friendly, hold
on
,
afterwards to
close afterwards
.
Sorry
. You'd like to
amend
closing
public comment not yet
.
All right. Sorry
, I
misunderstood the motion
. There
we go
. Um
. And this is
an
ordinance. David, would you
like to make
a motion? I would
like to make a motion. I would
like to
move that we
adopt
the
uh the ordinance with
the
amendment that
have the
the
processes spelled out in the
same way that the
other
ordinance does
, and also
that
the maximum
daily fine be
limited to no more
than $500
.
So we
have
a motion. All right,
we do have
a
second with a
reduced maximum
fine, let's say
go
to comment
, it's 500
normal,
I mean
. But
are other
cities
doing around that or are they
doing sticking
to 2000
? I
think
the question is, what do
you
want to give your judge
the
authority to enforce, right? I
mean
, I'd
rather have the tools
in the
tool tools
and toolbox
.
It's
a bit
. Bigger
stick
. $500
a day still adds up
. $500.
Sorry, say it again
. $500 a day
still
adds
up
. I mean, if
you're talking about a
separate
offenses each day that you
have
something
. So
$14,000 a
week
.
For high weeds
Mhm
I
, I'm sure
that it would that that
the
higher one would be for
something
more substantial
under this thing
, but you
know
,
for
one month
, $500 you know
,
is
uh $15,000 for a month
. So I
think, I still
think
that's
right
. Talking all night but
I
feel you, Caesar
My motion
passes
Thank
you
her
, that
brings us
to 7d, and Robert,
I'm not kidding, you might want
to sit down for this one
. I
really, 7d
is conduct a public
hearing and consider approving
an ordinance on first reading
with
a
caption
reading
ordinance of the city
of
Flugerville, Texas, amending
the city of Flugerville
, Texas
Code of Ordinances
, Chapter 150
Adding
section
150.18 regarding
the means of appeal
in
the
International Business
Code
2021
edition
, the
International
Residential Code
2021
edition
,
the
International
Plumbing
Code
2021 edition
International
Mechanical
Code
2021 edition
.
International Fuel gas
Code
2021 edition
. International
Energy
Conservation Code
2021
edition
. International Fire
Code
. 2021
edition
.
International existing Building
Code 2021
edition
.
International Property
Maintenance Code
2021 edition
.
International swimming
pool
and
spa code
2021 edition
with
amendments
to
meet local
conditions, providing that
this
ordinance shall
be cumulative,
repealing
all ordinances to the
extent they are
in conflict
,
providing
for
severability
and
providing
an
effective date
.
Sorry about that. That's all
right
. You've got a lot
of
, um,
and I've got to enforce them
as
currently adopted
when we did
the
2022 in back
in APRIL
,
MARCH
of 2022 when we
adopted
the 2021 Code
of Sweets that
you just read out
. Uh, as an
oversight on my part
. We
are
currently referencing Section
2.3
of the city
of Flurevo
Unified Development Code, Board
of Adjustments
. But
their
duties
in
that section are in
terms of zoning
. And variance
requests. They're
, they're
planning board of adjustments
.
Going through, I don't know
what
, I can't remember what
tipped me off on this, but
I
found out, you
know, it was
wrong
So with this
amendment
seeks to do
as
correctly
reference
the appeals to the
Board of
Adjustments as
described in
Chapter 150, it
already exists
. It's Article
4
,
Section 15,040
This section of
the
code
correctly
references
variances in terms of the
city
construction code. It's a
construction board of
adjustment
. Instead
of
uh
planning
. Uh
, they shall
govern
appeals taken from the actions
of
an
administrative official
pursuant
to
the city
construction code. That's their
mandate
or duty
. So
just for
clarity, this moves
it from
planning and zoning to board
of
adjustment. Correct
. To
counsel
there's not really a
good name
for it
, but
it's construction
board
of adjustment
. I'm
, I
guess I'm, I
like clarification
because you
said the
first
time
it
references to Board
of
Adjustments related to zoning
and variance requests
so that
this corrects it
to
ref
reference construction board of
adjustment? Do
we have
two
different board of adjustments
?
Your
going
a
movie on it you're
going to have to create
one
.
You're going to
appoint people
to that
. Ok
, so
it
, so we
have
a
current, so our current
board
of adjustments is
solely
for
zoning and
variance
requests.
And
so now
you're saying
that
this
will
correctly
reference
the
appropriate
um location
and we
are now
also gonna
have
to to
have a
second board
of
adjustment
for
construction
.
Correct, but I'm sorry, bored
of
appeal
. It was oh
, Board
of
Appeals
. Ok
if this board
of
adjustment could serve
as
both,
but
I think
you're looking
at
two very different
disciplines
when you're talking about
planning the construction
. And
therefore it's been
argued
that
they should be separate
. Are
there statutory requirements
for the
uh
the
appointees? No
.
Uh
in
a
perfect world
, you
probably should have people
from
the
various
disciplines of
construction
, maybe a
plumber
or electrician, mechanical
,
general
, general
contractor,
maybe
an engineer
. But
no
Some
municipalities
do stipulate
.
The
state
law for
like let's
say Texas Texas State Board of
Plumbing Code
. Their nine board
member does stipulate, you know
you got
to
have contractor
, an
electrician
, a plumber
, master
plumber, and things of
that
They, the
specific disciplines
.
But
this, no, this
, this
doesn't have those
. Right
Uh
,
counsel, any other questions
This again, just sorry, one
last comment. This is
one of
those
boards that
we're going
to meet
, hopefully once in in
the
18 years
I've been doing
this, I've never had
anyone
appeal one of
my decisions all
the way to
a
border adjustments
We've
always been able
to work
things
out amicably
. There's
provisions in the code that
allow me to
grant modifications
to the
code
provisions as long
as
the
original intent of the
code
is met
, and the
safety is
not diminished by
that
modification
. So
again, we'll
meet once hopefully
and
never
meet again, but
is
there a
specific case pending
that uh
that's requiring this? No. Ok
.
This is just part
of normal
code adoption. This
it was
there it was just referencing
the
wrong
places. Uh, any other
questions, counsel
? No
. This
is
a
public hearing. Is there
anyone from the
public wishing
to
speak
on this item
? Move
to
close the public hearing
Second
of a
motion from David, 2nd
from Caesar
. Mm
Uh, all
right.
Uh, this is an
ordinance before
us
. Anyone wishing
to
take 70
.
2
. I have
a
motion from
Kimberly, 2nd from Caesar
. The
motion passes unanimously
.
Robert, you heard
. A
number
of
folks being
thankful for, for
your diligence and
your
, uh, uh
the work you put into this. I
want to
personally express
my
gratitude, uh, for
your
initiative. Uh
, I understood at
the
beginning you mentioned,
you know, you took on
some
responsibilities and discovered
some things that needed
to
happen
, and
I
really appreciate
that
you
, uh, took
the pride
of
ownership
in ensuring
that
these codes
are
up
to
your
standards
, um, and I hope we
all have those high standards.
So thank
you very much. Yes sir
I think he did
that pun
on
purpose
. Uh
, that
brings us to
item 7e, which is to conduct a
public hearing
and
consider
approving
an ordinance on first
reading with caption
reading
and ordinance of the city of
Flugerville, Texas
, amending
the
city's master fee
schedule
related to fees
for
temporary
certificates
of
occupancy. Uh
,
we have our
, uh, director
Ashley Bailey here
to present
to us
, uh, this
evening
. Good
evening, Mayor
and council for
the record, Ashley Daley
Planning
and
Development
Services Director. Um
, this
item before you actually came
up in a work session, as you
MAY
recall
, this really just
provides
the
flexibility
to
reduce some of
those temporary
uh certificate
of
occupancy
sees
, uh, you
MAY recall
the
first
is
100, then
it goes
to
250
, 500
. After
that
third item
it
can double
every month
. They
are
for 30 days
, so
every
um
tco is for
a little
bit
.
Typically
these resolved
within
the
1st 2 months
, 3 months
, and
we have
seen a few go a little
bit further. So
what this would
do is allow for the city
manager
to then limit
those
fees and cap them at
that 500
amount if they met
the
certain
provisions of
the
temporary
certificates of occupancy
as
far
as
continuing
work
, working
in good faith
to clear any
of
those items up
to
reach
that
certificate of occupancy
for
the final
. A
maximum of
$500.
That, that's it
. It could be a
maximum of 500
, yes, if
it was
determined that they were doing
all of
the things they need
to
do
, um, just because
it was
brought
up that
, so I
, I'm
a little concerned with
the,
the language there. I think
it's a to
the
minimum
of
$500.
The, the
. So if someone is on
their
, their 6 months
, but
they're
making continuous and
demonstratable progress. They
could be
reduced as low
as 500
,
but the
city manager could
choose to keep them higher than
that
. Well
, so
I went
, you know
and I'll have to, I'm
not sure
if I, if there
was a
difference
between
the
summary and
the
ordinance itself. I
don't
recall
, but it
says
to
cap
renewal fees
at 500
per month
.
So to me, that
means maximum
.
That's that's not
gonna
work
.
The
, the actual
ordinance in
here
does
not
, but
it allows
the city
manager to cap
them.
So
he grant it
grants her
dismiss, ok, but I, but
less
than 500 is
what it, so the
summary
just missed, can't
bring it down
to
300
or 100
,
but
she could say
, ok
, no more
than 500
this month
. Per month
.
Yeah
. Right. Correct. Yeah
, it
says
the, the
, the city
manager
has
discretion to reduce
the
tco renewal
fee
to
not
less
than 500
. So that's different
,
yeah
, the ordinances that
the
summary was
. Because the, the
way it's written now
, it
just
automatically goes up and it
could
get into, you know
, the
stratosphere and
the
city
manager would be a
handicapped,
unable to keep it out of
the
stratosphere
. Is
this something
that we're proposing
for
moving
forward, or are we
trying to
use this and
create this to
help
someone
who MAY already be
in a situation
at this time
. I
really don't have
a good answer
for that. This is one that came
up in a work
session
, um,
because I believe there was a
complaint about tco
fees,
potentially they wanted to
have
this. This was
, this was an
item that I brought
forward
.
This was there was
a gentleman
who
came and
spoke
in his
3
minutes
, uh, uh, describing
this
issue
, uh, and so yes,
there
MAY
be a
, an active
case
where this would
be
applicable
,
but this
does give
the
authority
to
adjudicate that
.
So would
that
be retroactive
to
prior
months or from now
going
forward
? You're being, yeah
, it
wouldn't be
grandfather. And
then I just had
, um, just a
, a
,
a gut check here. I didn't have
the chance to look it up
, but
how
does this
, um, uh, this
cap
or
not cap, but the
minimum
of
500
compared to what our
fees
were
before
we changed them
. So
before they were changed
, so
when the tco
fees were changed
last summer during the budget
process. Prior to that, it was
the
100,250, 500
, and then it
was
continually 500. Um
,
unfortunately, what staff was
seeing at that
point was that
we had
a lot
of
temporary
certificates
of occupancy
, just
staying on a
temporary
certificate of occupancy
and
never
reaching completion. So
what we were trying to do
at
that
point
was to get
a little
bit more
of incentive
because
typically you do
see them
,
they're going to be
resolving
the
, um, 60
, 90 days
. Like yeah
500 with no
progress versus
disallowing them yeah they're
making progress. So this this
is very
, it defines
the
different levels and the
criteria that
you have to do
.
So basically
this
is
giving
discretion to go
back
to
that
previous
fee level
if they meet
the
certain
criteria. Yes
, but,
but
, but the
other
piece
of
that
is that
um they'd
some people
would rather pay
out your
little
$500
and
uh so,
so. Well, then I'll keep double
But
the, the
, the city
manager
has
discretion to grant
or not
grant
that way. So this gives
her the ability to stop it.
Yeah, much
, much like. How
about they just fix it
? You
know what I mean
they
, they
have to be
showing progress
towards fixing it. Got you
.
That's
the, that's cool. And we
do identify
what
is
substantial
If you want to give us some
examples
of
that
just briefly
.
Um
, so right now we do have a
few different
types of
temporary certificates of
occupancy, so you have
fixtures
furniture, and equipment
, so
that's really
just
moving
um
things and it's not open to
the
public or
staff, then
you get
to
the next step where
if you
need, you already
have those
items in, then you would
get to
be
able
to have staff
in there
for training
, but you're
really
looking at
that
substantial
completion
. Um, some of
the
ones
that I
, the
main one that
I know of that actually
stayed
on tco for quite
some time
, was
um the heb, but it's because
they installed
the
wrong
size
wastewater line
. Um, so that
one the store was able to
be
open
, um, but
they did
have
a
longer tco time. It smelled a
little funny for a
while
. Yeah
.
Uh, but certainly
it's really
once you're a substantial
completion, all
of their life
safety is complete
. That's when
Robert and his
team typically
look at starting to look at,
did you finish out
with
the
fire marshal needs? Are we at
a
substantial confl point
where
it's safe to be
in there
. And
certainly if there's going to
be something, I know of
one
that we have right
now, where
the
roof mounted equipment,
something was
the
roof
mounted
equipment
is not yet
fully
shielded
, um, but that should
be resolved. Typically that
resolved in 30
to
45 days
. So
.
It's not, you
could easily
see
a situation where
you
know,
like just like in
covid
,
there's this
uh supply
disruptions, and they just
can't finish. They
can't get
the last pieces
. But they're
doing everything they can. We
don't want
to
be charging them
$20,000.01 month, 40,000 the
next
month when they really are
doing everything
that
they can
to
, to finish and comply with
.
That
. So
the city manager will
be able to, to look at that
.
With the, the
building
officials and and make those
determinations. And
I think
that
good to
have that
, that
flexibility. Now
, counsel, any
other questions on the side
?
This is a
public hearing. Is
there anyone from the public
wishing
to make comment
? Yeah,
if you want to come forward. Ok
ok
Now
MS. Brewer, if
you'd
introduce yourself
. Ok
. No, I
just have a
quick
question. How
does this impact and affect
small businesses. When it comes
to
the fee changing
. So it
would allow those
small
businesses
if
they
were
making
substantial
progress
and having
to extend
their tco that would
not induce the
uh the doubling
of the tco fee. I'd say
the
intent is
pretty specifically
to help
small businesses in
particular
. And the small
businesses are aware
that
that's written in policy
, that
this particular process or
procedure or
of this
policy of
small
businesses would, if
they're under construction
would currently be
receiving uh
the higher fee for
their cto
.
What if it
isn't construction,
what if it's
land? What if it's
property? What, what if
it's a
small business that
is
um
renting
that business
on
someone else's land
. So what
are
the responsibilities there,
is that
also written out
in
policy when it
comes to
temporary
certificates of
occupancy
. That's
a
really
interesting question, right? If
the, if
, if the
, you
, you're,
you're renting
and you're,
you're trying to do finish out
and the
the
landlord is, is
the
obstacle
. Who then is
responsible
for
the a
landlord
be an obstacle
? Oh
yeah
, yeah
,
absolutely
they can because
there's
some requirements that
the city
has
for
the landowners
right
? And I just wanted to
know if those
were distinctual
between the
responsibilities of
the landowners, and I would
imagine that's
part
of
the city
manager's discretion, right
?
Because I also
don't know that
it's appropriate for the city
to
backstop just because you
have a
bad landlord
. I mean
. I
think it should be
clear
.
That's a
, that's a good
question. It is
, it is clear
and I think that, yeah
, that's
what
we
need
to
applying for. I
I don't think that
that
changes
whether or
not wet
to the
I
can't I do
think that's a
question we need to
, we need
to
address
. That's not
a
hypothetical that I had
I
considered before, but
so the
,
the scenarios, I'm sorry
, the
scenarios in which
the city
manager has
discretion or
documented in
the the
ordinance
correct? It would be
, and
then
for anybody that would end up
having a separate
property
owner, let's say
that it's a
full site plan. You've got to
finish out of
an overall
building you have individual
shelves
. Typically, you're not
going to be getting to the
point
where you would be
eligible
for
tco
without
the
landowner also completing their
items. So if you
have a
sidewalk
, that's federal. We
need
to be
, um, adhering
to
our
federal rules
for
ada
. So there
would be
things like that if
someone needed
to open it
, then
we
could present that
and say
the
building itself
is safe
,
this one user would like to
be
open
on tco
. How would we
like
to
proceed with that
? So I
think
it is covered
in here
, um
just because it would
still
pertain back
to
the overall
construction of the site. But
then that
individual owner
would be bound by
the tco. They
wouldn't be able to receive a
co
until the overall
. Uh
building is and then we would
have to end up looking at
um to
the
um actual
property owner if
that were
to
occur. I think we
have some other ways that
we
could alleviate that during. So
would that fine
accrue to the
the overall property owner, or
would that
that fine be stuck
on the
the
individual business
.
Tco
is
temporary certificate of
occupancy would typically go to
the individual user and that's
where we
would then
come
sitting on
and say
, this is
the
this is the
full scenario and
this is why I know we would
have
other, um
, ways
to
motivate the overall
property
on our
team, because I was like
it's not atypical
, it's
not
atypical for a
, a
tenant to get
a fine
, the applicant to get a
fine for something and then get
it to
the owner
and say, hey,
this is not within
my
purview.
I mean, fine for this, you
need
to
fix this or you need
to
pay
this. So
that becomes
its
own
issue
amongst them themselves
as opposed
to us
with that
. It
typically landowners want
rent
so, yeah
, yeah, but but
it
could be that
scenario
could
occur. Let's be clear, it's
not
like we have not
dealt with
that scenario
before
. I'm sorry
Melody, what
was that
? Now I've
just
forgotten that. 00 no
, I
said
, this
scenario could occur
where
there's a, something is
not substantially complete and
it's out of
the
tenants ability
to do that
and
some scenarios
the tenant wouldn't
be eligible
for
a tco in
that
scenario.
Either
we would
maintain't want
the tco would not be
issued or
we would issue it and
we would
bring that forward
as
a
sinuating circumstance that
he's they would
rather
be open
than
not. Yeah
, yeah
, right
, uh
again, this is a
public hearing
Any
additional public comment
?
I see no
additional public
comment
. Would anyone like to
close
public. One second
, 2
. I
have
a Caesar and I
thought
Jonathan, there
we go
. Gotta
be
quicker, David
. Oh
, so you made
the motion, man
. Come on
. It's
not
. I like
There it goes
.
There we go
Uh
, and this is an
ordinance
. Uh
, I will move to
adopt
the
ordinance
. Motion
passes unanimously. Uh, Ashley,
thank you for your
, uh, your
assistance and your, uh,
clarity on
that item. Uh
, this
brings
us
to our
regular
agenda
item 88a is to
discuss and
consider action
to approve
a
resolution appointing
a
2026
Capital Improvement Bond
Committee
. This
is
for
council
appointments. I think you were
all informed you need
to bring
2
people. Uh, I had
to
find 3
.
Not sure if
I did
, but
uh does
everyone
has
everyone provided
theirs or is
this something we
need to do this, I
haven't
heard that, yeah
, just you'll
need
to go
. Ok
, I had
, um, um,
oh, I just
had a
, a comment
. Um
Um so as we think about
the
timing for a
bond
, um, I'm
focused
on setting
ourselves
up
for
success when we go to
the
voters
. We
currently
have
several once in
a
generation
facilities
under construction,
the
recreation
center
, city
hall, and the garage
. Public
works building, and 3
major
utility projects. All
scheduled
to deliver within the next
12
months. Uh
, the reported amount
of general
fund
unspent bond
funds
is
414 million, which
is
approximately 68%
of
authorized
and issued
bond
funds
,
residents want to
see
continued
visible progress
on major road
and
park
projects
approved
in
2020
and prior
. And the the
next set
of
knees
being
discussed
are
, are important,
but
um they're different in
scale and
can
be sequenced
more
flexibly for a
timing
standpoint
, allowing residents
to
see
delivery
and progress
across
these
existing
commitments, puts us in the
strongest position. And
so I
support
delaying consideration
of a
potential
bond until
next
calendar
year 2027
, when
these
large
projects are
open to
the
public
. Or
available and and
and put forward into
use. So
that was my
comment
. Your
position, we
, we shouldn't get
started on design
and planning
on
other projects until
we have
these other complete. I feel
like
that leaves us a
gap
in
our
ability to
deliver
. I
believe some of the
bond
funds
through a certificate
of
occupancy
has already
included
planning for
the majority
of
the
roads that
are on, that
are
being proposed
. Um, so
i just
think that if we
want
to set
ourselves up for the
most
success that it would be good
to have a lot of these big
projects
, uh, visibly done and
available to
the public. And
the number
you
quoted
441
million
14, yeah
, it's
from the
how much of that is
geo
? That
is
the go
and
the
the the
um
utility
with the addition I'm
sorry, you said that
the 414
.
I'm
sorry, it's
a
general
fund
,
general fund
, not go
, but
I'm
sorry
, 414 I'm
trying to
understand how much
of
that
is
previous uh
bond election
dollars
. Um
yeah
, we have
, um,
19 million on one of
the
go
issues
um that's unspent and
then
40 million this is
according
to the uh on
the
transparency page of the
unspent
bond
fundslips reported
so
that's
149
million
um from
the 2020
. Geo
bond
out
of 191.
191, you're
saying
that uh more
than 75%
of
that is correct,
according to
the report on
the
website
. That
, that doesn't
sound
. Reasonable. I, I
, I
don't have
those numbers the
top of my head, but I would
just
, um, those are all
fair
points
, um, your bond committee
of course, could come back
and
recommend zero bonds. Um
, so I
think
it
would
be
, in
fairness
and
transparency to have
a
bond
committee learn all of
that
information
and be able to
digest it and
make a, make
a
recommendation
. Maybe they'll
agree and come
back
with 0
. I
think in fairness, you should
have a, a committee
of
citizens
to make that decision
Well
, I
,
I
do think that uh
we're
more
likely to
get
citizens to
say
yes after they see
big
projects
opening up
. Then
we go to the
citizens and say
we'd like you
to approve a bunch of money
while we have a
bunch
of
unfinished projects in front of
you
. Um
, the psychology
of
the
ask, I think
we're
more likely
to get a
yes
answer, after
the
monarch is open and
and
operational, then if we
put
that
out there beforehand
. I
think that's a a
very
good
topic for the uh bond
committee
to consider
. Uh based on
uh, I
would imagine their research
would include
timing
of
uh
delivery projects. Um
. This is
this is an item
for
appointments. Um, we should
probably take names and
then
vote on
appointing those people
Um, so Jonathan, do you have
,
uh, 2 people
? Yes
, I'd
like to
,
uh, nominate Lucas
Myers and
Chris Wolf
. Uh, Caesar
. This
time I do not have a name. You
don't, you don't have
yours
.
I'll provide
them by
, um,
Kimberly
, um, it's
Yune
True
Love
, um, y
e
t u
n d e
. Last
name True Love
Mhm. Uh, do you
have a, do you have a second
?
No. Just
one
. Just one for now.
All right
. Um
, Rudy
, I haven't
heard back from
that too
. You
haven't heard back from your
two
, melody
. Dennis
Spencer
and
Eric Klingelberger
. A l I
n
g
e
l b e
r g
e
r
. Dennis
Dennis
and I'm sorry
, what was
Mr
.
Berger's
Eric
,, Eric Eric
. It's
c or a k
With a c
. I can send
it in writing
too
. Yeah
, I
emailed my to
the city
manager
earlier today, but
, uh, Mark
took up
, uh, and don't ask me
to spell his last
name
. Uh
, and
Kevin Packenham
. All right. Uh
,
I have
, um, Mark Epstein
. Uh
, I
have Melissa Cole
. And my 3rd,
I haven't heard back yet, but
I'm going to go ahead and
put
her on the spot. I
do believe
I
heard that uh
um there
is
some
overlap allowed on other
committees. I do have a
member
who's on
finance and budget
.
That one's ok
Uh
, so you
explain what
, so, uh
. Certain
other
committees and boards
and
commissions cannot also serve
on this
, uh, but some
can based
on the ordinance, so finance
and budget, for example
, can
charter
review cannot
, um,
library can, I
think
parks
cannot
. I
don't remember all
parks
can
, can
, pnz can't
because Parks is
an ordinance
and not a, I, I
don't
know that
specific
agrees. So
my third
don't
be surprised by this
tomorrow, is Chris Bailey
. Mhm
Uh
, and so what we have here is
123456789, 10
. I've got 10
members
, uh, mentioned and
5
pending
. Do we want to move
forward with the
10 members
tonight
? Absolutely, yeah
. All
right
, so
the
slightest
presented
. Second
All right, I
got a couple of seconds on that
Uh
, motion
proved unanimously.
Uh
, that
brings us
to
item 8b
discussing and
consider
action
regarding special counsel
engagement letter with
Dent
Navarro Rodriguez
Bernal
Sanee
Ezek
. I believe
, uh, our, our
new attorney, would you like to
uh chime in
on
this
? I've
looked at the
the
rates and I
think their
market rates
. You
know, I
don't intend to
for you
all to
support them
for forever
um
. But
I
think for, for this,
at least for
the next month or
two
they they have
some
files
and they're certainly doing
some
, some good work and
helping me
out with
uh getting
me up to speed on
certain
projects
and
um I
think it'd be
well worth
uh, my time and
, and
your support to enter into this
agreement. Oh, I
will only
agree to this if you get a new
placard
. Yeah
, I already
gave
Tris a hard time
about that, of
course, I just had
a question
,
um
. So
, uh, do you have
, uh, an
idea of
how long
you
think
this
agreement
will last
for years
just
in
general, you
were
asking for a month
or
two
. I
would
expect 3 or 4
, yeah
,
hopefully diminishing over time
Yes
, yes, sir
. Yes
, yes
, and
yes, as you take
on
more
responsibility
and
transition
.
Yes
. So they had
a month or
two
was
a
little
short
right
. What
I
would say 3
or
4 diminishing
.
Of course
. I think that's fair.
Fewer hours as we
Yes
, I
approved
select b is a
motion
from Rudy in a
second from
Kimberly
. You still can't get
it
fast enough
. Motion
passes
unanimously
that
takes us to
the end of
our agenda. We
will
circle
back
along
item
92
items
pulled from the
consent agenda
,
item
number
5b approving of
professional services contract
with wsb
in the
amount
of
$156,136 to
provide
facilitation and
technical
advisory services for
consideration of
a
2026
bond
program
and authorizing the
city
manager
to execute the
same
. Um, the
, uh, this was, I
believe
, pulled by Mr
. Rogers
Rogers. Yeah
. So
, uh
uh, it,
it's been a while since we had
a
bond committee
. It
, it
seems
like
, uh, the scope
of services
uh, is a little
larger and
the
cost
is substantially larger
than last time. Maybe I'm
remembering that wrong
, but I'd
like to
. I like to have
a
presentation about that
. Good
evening, Mayor
and council for
the
engagement Services
with
wsb. It is a little, it
is
different than
the last time we
used a, a
bond
consultant. Last
time it was
strictly for
hosting
the bond Committee
, the
scope of services
is
larger and
it's the
committee and
council
then recommends going to an
election that they would help
us
through
communication
and
engagement, which
is a
larger
part of the scope
and
not
included
from
last time
, um, to
get
us
to
that election
, um, in
NOVEMBER
. While you
ponder that
can I ask
, um, what
was the
amount included in the budget
for this
um services originally
Um, we have, we
had initially
an
estimated
100,000
, um, we're
utilizing portions because the
bulk of it's
from
transportation
, um, a
transportation
professional
services and
the bond count
,
the bonds
, um, estimate from
other
professional services
from
city managers budget
line
item. Ok
, so 100
from
cmo and
50
from transportation It's a
100, I
think it's
actually 1011
from transportation and
the
balance from cno
. Um, so can
you explain to
me what
, uh,
what, what
we're talking about
when we're talking about
uh uh
communication and engagement
.
Sure, it's important to be sure
to be sure that
the community
knows what's coming before you,
as
you mentioned, that's a,
what
those
projects
are is
important to be able to
convey
accurate information and so
being
able to have a
good
communications plan, how, how
we
communicate that and engage
with
the public. Um
prior
to
that
, um, election
is important
And
so they're gonna help us
with
that
plan and we're
not
sure what that looks like and
they're gonna help
us
on that
.
Has
that been
a problem in
the
past
? I mean
, why do
we need
an
outside services on that. It
,
it seems to me
that we, we need
some staff support
for this
project. We, we
have
, uh, we
have several positions down at
the moment, and it's a heavy
lift
to
carry a
potential
bond
project or
bond package that is
this
large
. As I
, as
I imagine,
uh
. The, uh, the
, the skill
set
of
creating the
information
related
to
this
and
um
ensuring that
thats
properly
communicated because as we
know
the
city
cannot advocate in
an
election. Um
, and we want to
make
sure that
, that
we
have
professionals who do this. We
haven't done
this in
6
years
.
Uh, so
we want to
make sure we
do
it right
, um, I
, I
, I would
just ask
, you know
, can
our
communication
staff, are they
properly
staffed and
trained to
perform
this type of activity,
or is this something that only
happens every
. 6 or
8
years and
and we're gonna need to bring
in outside professionals
. Uh,
well, we're
, we're down in our,
on our comms team
, and I think
that this, this helps to
they'll, of course
, be part of
that collaboration
, as with
our
transportation, our parks, and
our other
staff. This, this
really helps
us to
fully put
this
picture together
and
can
properly convey information to
the bond Committee
and
then
potentially then to the public
as it moves forward
. I think
it's a
really important point
that you brought
up regarding
the current, um, status
for
our
comms team. It's
so
consequently, we
want to make
sure that we put our best
foot
forward and make sure
that we
,
uh, uh, maybe
not eliminate
,
but
hopefully
miniate any
issues or concerns that
MAY
happen
regarding
our um
conversations with the
public
and community at large
regarding
some of the
effective
tools and aspects
and frankly
what we're trying to get done
here
. So, and
, and two, is it
important to have a
, a
consultant that does, that has
done this for other cities
.
They have
different approaches.
We, we
do this
once
every 5 to
6 years
. And so
bringing on
someone who has that
lens
and
experience in it
, we believe
will
be very
helpful to
this
process
. Isn't
I I
understand
our comms team is down a little
bit
, but
even down
, aren't
there
, aren't we have more
people in comms now than we did
6 years ago
? I don't
, I
don't
compare the numbers. I imagine
we might. Um
, we have a
lot
going on
, um, across the city
in which, in
which
they
communicate out
really
effectively
and so we wanna
make sure that
all those
, all
the things
we already have
going on
, continue
to
remain
successful while we
add
on
to
everyone's plate
, um, was,
we're
expecting
to
fill
those
empty spots
and comps
, right
?
Absolutely. That
does take time
COUNCILMAN Rogers, are you
suggesting we increase the
headcount of our internal coms
team
. I'm sorry. Are you
suggesting that we increase the
headcount of our internal
coms
team. Uh, well
, we have um we
have unfilled positions
Uh
, uh,
and their
budgeted already, so
I'm
, you know
, why
are we
spending the same
money
twice
.
It
, it's not, it's
the fright.
That's a component of this
,
right, that they're gonna bring
a whole lot
of other experience
That's
one
element
is
engagement
. They'll
, they
cover
understanding engineering,
communicating the
bond
committees, looking
at
projects
considering
the cip as a whole
.
And then comes as a component
of that
as we, as we get
towards the end and towards an
election
. So I have a couple of
questions. Um
, so
what we're
talking about
right
now
is
task
3
about
proposition
communications, and that
task
is
only going to be
going
forward if the
council
votes to
put
a
bond
proposition
. So if
there were
a
situation
where,
you know
, it wasn't going
to
move forward, then
that
part of
the scope would
brighten
up
this is a time
and
materials
contract, not if we
speak
.
Right
. Ok
. Um
, and then
I
noticed in the
, um, in
that
task
, there was
, uh, the
scope
was, it
, it appears to
be one
city council
meeting
, but what
if
there were more than one
city council meeting
, like if
there was
the
initial one and
there
was modifications that
needed
to come
back. Would
that
be
something additional or is
that included in the scope
?
There's one
, there's a
I
think
an additional for meetings and
something we could work with
the consultant on. Ok
, and then
um
, when I was
looking about,
um, who were they were going to
reach
out to
and
, and
they
mentioned
key stakeholders and
I was
just
wondering if the
city
council
members
individually are included in
that definition. So
that
city
council members would
meet with
them the same
way
we did
individually with
um the
strategic plan
. We haven't, we
haven't met, had a
kickoff
until we wanna make sure that
this
passes first
. That's
usually the time in which
we
define the stakeholders
. Ok
, so
would you define
the
stakeholders
, including city
council members that
have
meeting individually, like the
strategic
plan. Um
. I think, I
think I've looked to wsb to for
their recommendation on it. I'm
not sure because you all will
see it, we've talked to you all
about
the
projects previously.
Um
strategic plan
very
different than a bond. Um, I
don't know
that
that's time
is
well spent for you
or
them
on
that it
does
individual
conversations. But
if that's
something counsel would like to
happen, we
can certainly put
that on the stakeholder list
.
So
, um, if
council members were
not included
as stakeholders
,
though one time that
they
would
receive information is that the
city
council presentation
.
You'll
receive information
related to the
bond
recommendation at that time.
Right
, you'll so
one meeting
we
will, but
Walt
Staffel can
update you through the
, through
the
process. That
, that's for
when
our consultant
is here
. It
won't
, you
won't
just
hear
about
tonight
and then
come
MAY
Here's
a
recommendation
. We'll
update
you
on how
the
bond
committee meetings are going
um
as we do
through
various
communications like the weekly
.
Ok
, and then
, um, in section 4
,
there was some items
about
exclusions
Um
, and
so some of
them
seemed
uh possibly
important, that would
be needed
for a uh projects of these
, the
scope. And so I was
just
wondering, do
we
anticipate
that those
additional
consultants will be needed
and
is there
, you know
, and then
do
we
have budgeted for
those
estimated costs
of services,
like
they
mentioned
financial
analysis
, debt capacity
, or
projected tax impacts, which I
believe are
are essential
for,
uh, you know, and
, and has
been
included
in
previous bond
committees, so
so
I'm
thinking
there's then
another contract
that's gonna
be needed,
possibly. We don't think
for
that particular one that
that'll be
necessary. If, if we
needed to, but we have a bond
council, we have
financial
advisors that we're bringing on
board. You, you've seen
them
that they're
, uh, Dusty
and
Richard will, will help us
through that
, um, component of
the
bond. So
we don't
they'll
cer that
purpose right they're
just saying we
don't have,
we're not bringing
this along.
They
don't they're
not going to
do it
. We will
be providing
Yeah
, absolutely
, very
important to me. And then what
about
the
other because I
mentioned two items in the
, in
the information I sent in
advance
, um, about the, you
know, facilitation of the
ballot language
, polling
coordination
, voting processes,
and
then
also accurate
construction cost estimates. So
we already
have
consultants on
that we're
working
with or
staff
that could handle
those
two
, services
as well. We do
,
uh, so through the very
,
whether it's
parks
or
transportation downtown
, we
have, we've got a lot
of
estimates in
our
consultant
teams that are helping us
with
those specific projects that
are gonna
gonna attorney will
help us with
bond with ballot.
They just called it
out
specifically
, so I
just wanted
to know who
was
handling
those
services. All right. Any other
questions
, counsel
? Motion
approve 5
. B
as presented
.
Second
, I have
a
second from
Jonathan or Kim anyway
. All
right
, motion
passes. That
brings us
to
item 5c
, approving
a resolution of the
, uh, uh, in
support of the
Travis
County
sponsored applications to the
Capitol
area
Metropolitan
Planning
Organization
Campo
2028
to 2031
call
for projects
and authorized the city
manager
to
execute
the same
melody I
believe you pulled this
one.
Mayor
. MAY I
ask that
any
questions be
pertinent to
the
subject
on our vote
. Also
, will
they
affect our vote
And
if
somebody's going to vote no
anyway, MAY, you know
, uh
please ask that
they not
waste
everybody's
time
. That is a
great
recommendation. Melody
, I
believe you had questions
on
this? Um
, yes
, I
was
just
wondering about
the projects
that were
, um, included
in
here
Um
, what was
the
criteria
for
eligibility for
the
the streets
that we
could
submit
for
this
funding or call
for
project
and
then how
were these
streets
selected
for
clarification
,
this
item is
approving a
resolution in support of the
Travis
County sponsored. So
were these items
that
we
submitted or we're supporting
Travis County
with
this item
.
Great question
. Um, thank
you.
These, these
are all
items
that
Travis County
had
passed
staff
to support. So this is
the
resolution of
support. Ok, this
is a
resolution of support for
Travis so
we wouldn't
have
their
justification for
, or
their determination on how they
made these claims. Oh, well, I
asked these in
advance and so I
didn't
, I
didn't
know
that
information
. County
and
Williamson County have the
two
biggest amounts, 26
. All
right
,
did that, did that answer
your
questions? Well, I was also
curious if I could
be
pro if
there's a map
of
the segments
of the, the segments of the
roads that
were
being included
here. I think we'd need to
ask
Travis County for that. No, I
do not have that
. Ok
, so we
don't know the
extension of
like I think the only one that
was
the
extension
is um for
Jesse Bowles. They had
, um, did
I think
Avalon and
then
um 973
on the Far East side
. That's
the reservation
The
center
portion. Ok
. Move
to approve
in
a second, a motion from David
and second from Rudy
. Motion
passes that brings us to
item
5d
, approving resolution
Committee Type b sales tax
funds in support of parks
and
recreation projects consistent
with the 2026
, 2030
strategic
plan
and
pcdc
Comprehensive
Economic Development Strategy
to
ensure
long-term
investment
in community quality
of life
.
Uh, David, I believe
Uh
, I
, uh,
concerned that
this is
going to
make out
the pcbc
and
uh
basically outsource the
uh the
funding of Parson Iraq
to pcdc
.
Uh, that
doesn't seem to
me
that that's
what
the pcbc
is
for, but
maybe there's
something in
a presentation
that will convince me to the
contrary
. I don't
I
don't
believe we have
a
presentation
for this. I believe it was
based
on
retreat discussion
. If
I recall correctly at the
retreat discussion
, we
uh
discussed about
specific dollar
amounts at the point of, you
know, like
they've mentioned
,
2.1 million and
decreasing over
the next
five
years
. So
, um, I
was
not
expecting
a
50%, um,
and then I
also did ask
a
question
in
advance
of
what
is
the
, what does
this mean in
terms
of
actual dollars
each
year
. And
would the debt
service for the
recreation
center be included in
this
50%
allocation
. I
think
that my
understanding was that that was
part of the intent and
part
of
having a
guardrail
like this it
and also
doesn't have to be 50%
right
? This
doesn't preclude
the
normal
budget cycles and
approvals
that happen anyway
. I
don't think. And so I
think,
you know
, pcbc's also
been
pretty
consistently
funding
pecs projects as well
. And so I
think if we
actually do look at
that
as a
single
bucket of
those efforts
that
will also
help us
to prioritize
those
projects and the need um to
make sure
that we're
. You know
,
delivering on our, uh, quality
of
life projects
. Well
, and
that's, you
know, like you said
that's, that's been a
long time
uh, piece
of pcdc
, uh, what I'm
doing pcdc back in the
Dark
Ages
, uh, when dinosaurs roamed
the
Earth
and
uh we
had
problems
with the
tar pits on
the east side of
town
. Um
you
know
, the, in the area that
we've since paved over
and put
a toll
road on
, um
. You know,
the
, uh, pcbc
gave, uh
,
generally
around
$7500 to
$100,000 a year to
parks and
Rec
. Um, which was, you know
,
substantial part of the parks
and
rec budget back in the day
,
and
a
substantial part of the
pcdc budget back in the day
,
but it was
nowhere
near
50%
or
even
15%
, uh, and
I think
that
this uh
that
this resolution
.
Uh is just
, uh, you
know
, it's
if we adhere to this, it's
going to make it
virtually
impossible for the
pcdc
to
fulfill its
primary job, which
is
bringing primary
jobs to the
city
of
Flugerville
. David,
would you, would
you like to
,
uh, make a motion
amending?
Yeah, that's what I was about
to ask. What number do you, are
are comfortable? We don't have
the I'm
like I'm
concerned
because I asked for
the number
in advance
. What is
, what is
the 50%
? Um do you
mean? Is
that
like, is it
$66
million a
year
. It's revenues. Yeah
, so
what I think
the
revenue
12 million. Ok
, so, so
we're
talking
about
$6
million
up to
$6
million so my concern
was such a
high
number is
there's
also psychology to it
.
If we
allow
, if
we
approve this
and
then people
, yeah, it
will
be like, well, we
have up
to
$6
million in
general, people,
when they think they have up to
a
certain amount of time there
or amount of money
, they're
going to ask for
it
. Well
,
whatever the
$2
million that
percentage
, so
1/6. I
, I mean,
I
, I
like the idea of a
percentage
, especially because
if sales tax
revenue goes down
.
For example, right, that
number
would go down and
likewise if
we have a
great
year
, we'd
have
more to, to
work
with
. Uh
, I
also
think
that
I've
not seen
other proposals for
pcdc
dollars right now
, um, in terms
of things that we could invest
in
that maybe we
would rank
higher and so I think we
could
always
revisit this at a
future
time if
there is
an
investment
opportunity that
we would like
to
pursue, but
I think quality
of life for our
citizens is, I
mean
, that's what we
all
hear
about all day, every day
, and I
think
it's a, I
think it's a
very
worthy investment
. So if
I'm
hearing
you correctly
, you
want
the
pcdc to make
it a
problem
for us
to have to
make
decisions on it
. Give us bring
up so
many
deals that we
would
be worried
about
spending 20%
of the budget on parks
, right?
Because we're
growing our, our
commercial tax base
, um, I
also
think there's a, yeah
, I
appreciate that. Um
, I
, I also
think there's
other
infrastructure
type
projects
that um
you know, I'm
I'm
just
hesitant to limit
it
only to
parks and rec
, if especially if
it
was at
a
50%
level
. Um
, I
just prefer
to
like
have
projects be
brought
forward
each year
rather than saying,
you have up
to this
amount for
what, what you choose
, and
then
we could
choose to
, it's
always
harder to
take away
. So if you
know
, psychologically, if you,
if
you give someone, it's
always harder to take
away
than
to make that decision each year
So
, so correct me if I'm wrong
though
, like
this
is
really
almost guidance to take
into
the budgeting process. So I
, I
don't
, I think we would still
see those projects come
through
This
wouldn't
stop
that
. We'd
still
be
approving
the
individual items as they
come
through, as
with
pcbc
board
,
the pcbc board would
. Operate
under the
planning assumption
that half of their money is
put
on before they get started
. No
,
it wouldn't because that's what
I think
that's
what this,
that's what
this
resolution
would psychologically and
and,
and business
wise
, if the, the
that's the resolution, yeah,
what
do you, what are you
thinking about
? Because
if
you're, I, I, I was
amenable to
our
original discussion
, which
was
2
2.1 million the
first
year and then
to evaluate it
each
year as
to
the success
of
the operations of
the
recreation center
, um, and
, and
look at
it each
year rather
than
having
it
just
automatically dedicated. I
would like
to evaluate
the
need
for
the
recreation
center to
be
funded
by pcdc
for the
sales
tax
, but then this
is just
saying
what you're going to get
this pot of money, and if you
don't use it for the recreation
center, then we can use
it for
.
Would you like to make that in
the form of a motion
? Yeah
. Uh
I, I
, I moved to approve with
the
amendment that it
be 1%
.
Outwards. Ok, let's, let's, ok
,
ok, let's, let's, ok,. Oh, hold
on, hold on, I've got a motion
on the
table
. Motion
fails for
lack of a second. Ok
, I would
,
oh, would you like
my
motion or
what
what what I, this is
because I want to get to a
motion though
. If we're, if
you're
having concerns
that's
fine. I'm trying to understand
that
. What I'm trying to figure
out is what we can get you
to a
solution here
. So I'm
hearing
50%, but it's not
really
50%
because riskly speaking, it
will be something that we
see
every year. I
mean
it's
guidance in the budget
, exactly
with that. It
is fair
to
say
that if they're
being
conservative
, as you know
,
little city working as they
should be operate
is that
, yes,
it
can be
that 50% it should
be
operating from that
. However
,
you also brought up the fact
that you think it's going to
stop infrastructure projects,
which I haven't heard
. From
anybody
. Is
a possibility. I
don't know about stop. I'm
just
saying that
the 50, you
taking
$6
million and you're
allocating
it to
Parks
and
Rec
or
everyone has
the assumption
that it's
going to
be
allocated
to Parks
and Rec
. Then um
.
That's
the assumption and
that's what
people operate by.
And so, you know, I
just
, I'm
concerned about allocating
that
much
, um, and just
having
it
be
assumed that that's going to
be
Parks and Rec every year, and I
I
think
naturally
that's going
to, that's how
people
operate
.
So I
would rather
go back to
our
original plan
with
dollar
amounts that
was presented
at
the
retreat, which
I don't
remember what they are
off the
top
of my head and
what wasn't
included
here
. I'm
seeing the
,
the
, the 2
. 1 million
uh, in
the
, uh, in the resolution
. Is
that, is that the number that
we discussed at the retreat? So
there's multiple
numbers
. So
you of course have the
debt
service, which is
um for
fy 27
would be
3
million plus
the 2.1
million
um, and then typically
we'll see
um our parks
department want
to look at
a
replacement of a park
. So maybe
I could round
a 5 point
. 1.5 or
something from there, 5.15
. Is
the total
So
I feel
like
the
uh
the debt service
is
already
established, but I'm right, but
I'm kind of but that would
still be a part of this pie
.
That's that part
of it, and
it's part of this pie
, but
it's
already established as it need
to be included
in this to give
you like the
, the resolution
totality would include that. So
Because Melody, I'd, I'd like
to
hear what you
would be uh
what would
be acceptable
for
you and
see
if it
is
also
acceptable
for other members of
counter
. Well
, unfortunately I
don't have the numbers for the
other few years
. So the only
number I know right now
is 2.1,
so
I'm
, uh, you know, I would
make a motion that we
, um,
allocate
2.1
million
from
fiscal
2027 budget to the
Monarch Recreation Center
. I've
got a second. Any
further
discussion discussion
. Where
did I go
All right, that
, uh,
that passed
. All right
. Uh
,
that brings us to the end of
our agenda
. Do
we
have
any
other, uh, was
there any
business I missed? Anything we
need
to discuss before I
raise
the gavel
. It is
, uh, 9:35
.