[00:00:02]
[Call to Order]
CALL THIS MEETING TO ORDER AT SIX O'CLOCK.MIKE, WILL YOU PLEASE LEAD US IN PRAYER AND WE'LL STAND FOR THE PLEDGE ALLEGIANCE? SURE.
DEAR LORD, WE'RE THANKFUL FOR THIS DAY AND YOUR MANY BLESSINGS IN ALL OF OUR LIVES.
I PRAY THAT, UM, WE WOULD JUST WORK TOGETHER AS A TEAM, AS WE FULFILL OUR DUTIES ON THIS BOARD, THAT YOU WOULD GIVE US WISDOM AS ALWAYS TO HAVE, UH, PURE MOTIVES AND, UH, SHARP MINDS.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WISHES.
FANS, ONE, THE NATION UNDER, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
ONE STATE, ONE TO BE INDIVISIBLE.
ARE THERE ANY COMMUNITY ANNOUNCEMENTS? OKAY, CITIZEN INPUT.
ARE THERE ANY CITIZENS PRESENT WHO SHOULD ADDRESS THE BOARD OR NONE?
[Consent Items]
CONSENT AGENDA ITEMS APPROVED MINUTES OF THE NOVEMBER 19TH, 2024.APPROVE MONTHLY FINANCIAL REPORT IN THE AMENDED TARGETED IMPROVEMENT GRANT RESOLUTION.
DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? I HAVE A QUESTION.
WE DON'T HAVE THE NOVEMBER FULL REPORT, SO I WOULD LIKE TO PULL THAT OUT.
UH, THE FINANCIALS, RIGHT? YES, THE FINANCIALS.
SO I GUESS I CAN MAKE A MOTION TO APPROVE THE CONSENT ITEMS MINUS THE LINE ITEM TWO, MONTHLY FINANCIAL REPORT FOR NOVEMBER.
I HAVE A MOTION BY MIKE, A SECOND BY TIM.
ALL THOSE IN FAVOR? MOTION PASSES.
SIX TO ZERO OR AGENDA AND PASSES.
[New Business]
ALL RIGHT.MOVING ON TO THE MDD BOARD TRAINING.
I JUST WANT TO REMIND YOU WHERE WE LEFT OFF, AND THEN I'M GONNA TURN IT OVER TO ALICIA, OUR ATTORNEY.
LAST MONTH YOU HAD YOUR BOARD TRAINING, UH, FIRST HALF ON THE OPEN MEETINGS ACT, THE PUBLIC MEETINGS, UM, PUBLIC INFORMATION ACT, OPEN MEETINGS ACT, AND SOME BOARD ROLES AND, UH, BYLAWS COVERAGE.
SO NOW WE'RE GOING TO LET ALICIA GO INTO THE NEXT PART OF HER TRAINING.
IF YOU DON'T HAVE YOUR PACKET FROM LAST MONTH, LET ME KNOW.
I HAVE A COUPLE EXTRAS, AND IF YOU HAVE ANY QUESTIONS, FEEL FREE TO ASK ALICIA AS SHE GOES ALONG.
BUT THIS WILL BE FOR THE MDD STATUTES, DISTRICT POWERS, AND ANYTHING ELSE SHE DID NOT GET TO COVER IN HER LAST MEETING.
SO PICKING UP WHERE WE LEFT OFF, AS CHRISTINE MENTIONED, WE'RE GONNA KIND OF TALK ABOUT WHAT, WHAT ARE YOU, WHAT ARE YOU AS A BOARD? WHAT IS YOUR ROLE IN, UM, WHERE DOES THAT AUTHORITY COME FROM? SO WHAT IS A MUNICIPAL DEVELOPMENT DISTRICT? UM, YOU ARE, YOU ARE CREATED BY STATUTE, UMT, TEXAS LOCAL GOVERNMENT CODE CHAPTER 3 77.
THAT IS WHERE ALL OF YOUR AUTHORITY COMES FROM.
UM, I'M JUMPING AHEAD OF MYSELF.
THESE ARE OUR TOPICS,
UM, WE'RE GONNA LOOK AT WHAT TYPES OF DEVELOPMENT AGREEMENTS THAT YOU CAN USE TO FUND THOSE PROJECTS.
AND THEN WE ALREADY DID THE, THE TRAINING.
SO THAT WAS THE KIND OF THE OVERVIEW.
UM, AS I STARTED TO MENTION, WHAT IS A MUNICIPAL DEVELOPMENT DISTRICT, YOU ARE GOVERNED BY CHAPTER 3 77 OF THE LOCAL GOVERNMENT CODE THAT SETS OUT ALL OF YOUR POWERS AND WHAT YOU ARE ABLE TO DO, THE CREATION OF AN MDD, UM, THAT YOU CAN, UH,
[00:05:01]
IMPLEMENT, YOU KNOW, SALES TAX, BUT IN ALL THOSE DIFFERENT PROCEDURES.AND THEN YOU ALSO ARE GOVERNED BY YOUR MDD BYLAWS.
SO THOSE TWO WORKING TOGETHER IS, UM, REALLY HOW YOU'RE ALLOWED TO FUNCTION.
AND SO THIS PICTURE HERE IS, UM, I HOPE CURRENT FROM YOUR, YOUR WEBSITE.
THIS JUST DEPICTS, UM, YOUR CITY LIMITS AND YOUR ETJ.
AND WHY THAT'S IMPORTANT IS BECAUSE A MUNICIPAL DEVELOPMENT DISTRICT RAN INTO, IN A SECOND, IS THE ONLY ECONOMIC DEVELOPMENT DISTRICT TYPE THAT ALLOWS YOU TO GO BEYOND THE CITY LIMITS AND ALSO COLLECT SALES TAX IN THE EXTRATERRITORIAL JURISDICTION.
THAT'S WHY YOU ARE DIFFERENT AND SET APART FROM, UM, THE STANDARD TYPE A AND TYPE B OR, UH, ECONOMIC DEVELOPMENT DISTRICTS.
SO CHAPTER 3 77 DE LIKE I SAID, DETAILS WHAT AN MDED IS AND HOW IT FUNCTIONS.
UM, YOUR BOARD IS APPOINTED BY CITY COUNCIL.
IT CAN BE REMOVED AT ANY TIME BY CITY COUNCIL.
UM, THERE DOESN'T HAVE TO, THERE'S NO RIGHT TO YOUR SEAT ON THE BOARD.
SO IF COUNCIL COMES IN AND IS LIKE, HEY, WE WERE JUST, WE NEED A CLEAN HOUSE, THEY COUNSEL CAN DO THAT.
UM, YOU SERVE STAGGERED TO YOUR TERMS, AND YOU MUST RESIDE IN THE CITY LIMITS OF AUBREY OR WITHIN THE ETJ.
AND THEN, UM, YOU ARE NOT ENTITLED TO COMPENSATION.
IT'S VERY SPECIFICALLY LAID OUT IN THE STATUTE.
SO IF YOU WONDER WHY YOU DO THIS FOR FREE, THERE YOU GO.
UM, AS WE TALKED ABOUT LAST MONTH, YOUR MEETINGS ARE GOVERNED BY THE OPEN MEETINGS ACT, AND THEY MUST BE HELD WITHIN THE CITY OF AUBREY.
AND THEN YOUR OFFICERS, BY STATUTE YOU APPOINT A PRESIDING OFFICER AND A SECRETARY.
SO WE ALSO HAVE, UM, MR. BROWNINGS, YOUR VICE PRESIDENT, THAT COMES FROM YOUR BYLAWS.
SO, BUT THE STATUTE OF, REMEMBER THE TWO WORK TOGETHER.
SO ALSO CHAPTER 3, 7 7 PROVIDES FOR THE CREATION OF THE MDD.
AND I DO APOLOGIZE, IT'S GONNA BE READING A LOT OF THE POWERPOINT.
I HATE WHEN PEOPLE DO THAT, BUT BECAUSE THIS IS SO STATUTE DRIVEN, I DON'T REALLY HAVE MUCH, MUCH OF AN OPTION THERE.
UM, SO WHAT HAPPENS IS COUNCIL CALLS FOR AN ELECTION REGARDING THE CREATION OF AN MDD, OBVIOUSLY, WHERE WE PASS THAT POINT.
BUT THAT'S, THAT'S HOW IT HAPPENS.
UM, AND THE QUESTION THAT'S PRESENTED TO THE VOTERS IS IT, DO THEY WANT TO CREATE AN MDD TO PLAN, ACQUIRE, ESTABLISH, DEVELOP, CONSTRUCT, OR RENOVATE ONE OR MORE DEVELOPMENT PROJECTS BENEFICIAL TO THE DISTRICT? AND THEN THAT ELECTION ALSO SETS THE TAX RATE THAT THE MDD CAN IMPOSE.
UM, AND THEN WHAT ALSO IS ALLOWED BY STATUTE IS YOUR MDD DOES NOT HAVE TO ENCOMPASS ALL OF YOUR CITY EXTRATERRITORIAL JURISDICTION.
IT CAN COVER PART OF THE CITY AND PART OF AN ETJ OR, UM, IT CAN JUST BE THE CITY.
SO IT, HOW THAT COMPOSITION IS MADE UP IS GOVERNED BY HOW YOU PUT THAT IN IN THE ELECTION.
YOURS OBVIOUSLY DID COVER ALL OF YOUR ETJ.
AND SO 3 77 0 71 TALKS ABOUT WHAT THE POWERS OF THE BOARD ARE.
SO YOU CAN PERFORM ANY NECESSARY ACT WITHIN YOUR POWERS.
HELPFUL, RIGHT? YAY LEGISLATURE.
THEY ALWAYS DO GREAT THINGS FOR US.
UM, YOU CAN ALSO ACCEPT A GRANT OR A LOAN.
SO WE'VE TALKED ABOUT THAT IN PRIOR MEETINGS.
UM, YOU KNOW, IF YOU WANT TO PURCHASE PROPERTY OR DO DIFFERENT THINGS THAT REQUIRE A LOAN OR, OR BOND, THOSE DIFFERENT THINGS, YOU HAVE THAT AUTHORITY.
UM, YOUR GRANT OR LOAN COME, COME FROM A DEPARTMENT OR AGENCY OF THE, THE FEDERAL GOVERNMENT OF THE STATE, OR A PUBLIC OR PRIVATE PERSON.
YOU CAN ACQUIRE, SELL, LEASE, OR OTHER DISPOSE OF PROPERTY.
SO IN THE RECENT PAST, WE PURCHASED THE AUTO PARTS STORE, AND THAT'S NOW MDD PROPERTY.
UM, YOU CAN EMPLOY NECESSARY PERSONNEL.
THAT'S CHRISTINE AND I, UM, EXECUTIVE DIRECTOR AND LEGAL COUNSEL THAT'S AUTHORIZED FOR HOW YOU CAN SPEND THE FUNDS.
YOU CAN ADOPT YOUR RULES TO GOVERN THE OPERATION OF THE DISTRICT, WHICH IS THE BYLAWS THAT YOU ALREADY HAVE IN PLACE.
AND THEN YOU CAN CONTRACT WITH THE PUBLIC OR PRIVATE PERSON.
WE, WE SEE THAT WE'RE GONNA TALK ABOUT DEVELOPMENT AGREEMENTS.
UM, YOU HAVE YOUR GRANTS AND, AND THOSE TYPE OF THINGS, UM, THAT YOU'RE USING TO FUND YOUR PROJECTS.
SO IF SOMETHING HUGE COMES IN AND THERE'S, YOU KNOW, SOMETHING GREAT DOWN THE PIPE THAT YOU WANNA LOOK AT HELPING FUND, YOU CAN ISSUE BONDS AS, AS A BOARD.
SO THINGS YOU CAN'T DO AVALOR TAX, SO YOU CAN'T PUT A TAX ON, ON PROPERTY.
UM, SO, WELL, AND I ALSO ADD TO THAT THAT IS SPECIFICALLY LAID OUT IN THE STATUTE THAT YOU CANNOT IMPOSE AN AVALOR TAX.
YOU ALSO CAN'T DO ANYTHING THAT THE STATUTE DOESN'T GIVE YOU THE POWER TO DO.
[00:10:01]
THE STATUTE SAYS YOU CANNOT IMPOSE THE AVALOR TAX.UM, SO REALLY, HOW, HOW DO YOU AS A BOARD FUNCTION, THIS IS GONNA BE THROUGH YOUR DEVELOPMENT PROJECT FUND.
SO WHAT THIS IS, IS, UM, THE FUND WHERE ALL THE SALES TAX REVENUE THAT YOU COLLECT, UM, AS A BOARD AND AS A MUNICIPAL DEVELOPMENT DISTRICT GOES, UH, THE STATUTE SAYS THAT YOU CAN ONLY USE THOSE DEVELOPMENT FUNDS FOR THIS DELINEATE DELINEATED PURPOSES, SUCH AS THE PAYING THE COSTS OF PLANNING, ACQUIRING, ESTABLISHING, AND DEVELOPING, CONSTRUCTING OR RENOVATING ONE OR MORE OF YOUR PROJECTS.
WHAT ARE PROJECTS THAT'S LATER ON IN THE STATUTE.
IT JUST KEEPS ON ROLLING, BUT WE'LL GET, WE'LL GET TO THERE.
UM, IT'S QUITE A LIST THAT YOU WOULD THINK ENCOMPASSES MORE THAN IT DOES.
UM, YOU CAN PAY THE BOND THAT YOU, YOU TAKE OUT AND THE COST ASSOCIATED WITH ISSUING THE BOND.
AND THEN, UM, THE COST OF OPERATING AND MAINTAINING YOUR DEVELOPMENT PROJECTS.
SO THE ONE THAT WE'VE DONE RECENTLY, WE PURCHASED THE AUTO PARTS STORE.
YOU CAN PAY THE COST OF MAINTAINING THE PROPERTY AND MOWING THE GRASS AND DOING THE DIFFERENT THINGS THAT YOU NEED TO DO TO KEEP THAT DEVELOPMENT PROJECT.
SO YOU ALSO HAVE YOUR MDD BYLAWS AS YOUR OTHER GOVERNING DOCUMENT.
UM, SO THE BYLAWS GETS A LITTLE BIT MORE INTO SPECIFICS WHERE THE STATUTE IS SILENT, FOR EXAMPLE, UM, IT SETS YOUR COMPOSITION AT SEVEN MEMBERS, UM, AND THEN ADDS THE VICE PRESIDENT POSITION.
IT TALKS AT NO EMPLOYEE OR OFFICER OF THE CITY CAN SERVE ON THE BOARD.
AND THEN IT TALK SETS A PROCEDURE FOR PROVIDING THE DIRECTOR WHO IS, UM, CONSIDERED FOR REMOVAL FROM THE BOARD WITH NOTICE AND OPPORTUNITY TO BE HEARD BY COUNCIL PRIOR TO REMOVAL.
UM, IT ALSO, ANY REQUESTS OF CITY STAFF MUST BE MADE IN WRITING TO THE CITY MANAGER.
AND IT PROVIDES THAT YOU'RE SUBJECT TO THE CONFLICTS OF INTEREST PROVISIONS OF CHAPTER 1 71 OF THE LOCAL GOVERNMENT CODE.
SO THOSE ARE SOME VERY DETAILED.
WE'LL ALSO GET INTO THOSE IN A LITTLE BIT JUST ABOUT WHEN A PROJECT IS COMING BEFORE YOU, WHAT ARE THE PARAMETERS WHERE YOU WOULD HAVE TO RECUSE YOURSELF AND NOT TAKE PART IN A DISCUSSION OR APPROVAL OF A SPECIFIC PROJECT? UM, YOUR BYLAWS SETS YOUR EMPLOYEES LIKE WE TALKED ABOUT BEFORE.
THE STATUTE ALLOWS YOU TO HAVE EMPLOYEES.
YOUR BYLAW SETS OUT WHO THOSE ARE.
THAT'S CHRISTINE AS YOUR EXECUTIVE DIRECTOR.
AND THEN ME, UM, AND OUR FIRM, TAYLOR, OLSON, ATKINS, EL AS GENERAL COUNSEL.
GUESS WHAT? WE DO HAVE TO BE LICENSED AND QUALIFIED ATTORNEYS.
AND THEN YOUR BYLAWS ALSO REQUIRES YOU TO HAVE A STRATEGIC PLAN.
THAT'S WHAT YOU'VE BEEN WORKING ON EXTENSIVELY FOR QUITE A WHILE.
AND YOU FINISHED LAST WEEK, YAY.
UM, SO YOU, YOU, AS YOU SAW, IT INCLUDES SHORT-TERM AND LONG-TERM GOALS, AND IT NEEDS TO BE COMPLIMENTARY TO THE CITY'S COMPREHENSIVE PLAN.
SO SOME OF THOSE THINGS THAT YOU SAW WITHIN THAT STRATEGIC PLAN WERE SPECIFICALLY REQUIRED BY YOUR BYLAWS, AND THAT WAS WHY THEY'RE PART OF THAT.
UM, YOUR BYLAWS ALSO SETS YOUR BUDGETING PROCEDURES.
UM, IT TALKS ABOUT THAT BY AUGUST.
YOU NEED TO SEND A PROPOSED BUDGET TO THE CITY COUNCIL.
CITY COUNCIL'S BUDGET IS BASED PARTLY IN, IN PART ON YOUR BUDGET 'CAUSE IT'S ALL INCLUDED.
UM, AND THERE'S SOME VERY SPECIFIC LANGUAGE IN YOUR BYLAWS.
IT SAYS THAT YOU SHALL EXPEND FUNDS CONSISTENT WITH THE BOARD ADOPTED AND COUNCIL APPROVED BUDGET.
SO WHAT THAT MEANS IS YOUR BUDGET DOES NEED TO BE APPROVED BY THE CITY COUNCIL BEFORE YOU CAN SPEND ANY FUNDS FOR THAT NEXT FISCAL YEAR.
UM, IF YOU HAVE SOMETHING THAT COMES UP, THAT'S, WAS IT ANTICIPATED IN YOUR BUDGET, THERE IS A BUDGET AMENDMENT PROCESS YOU CAN GO THROUGH.
IT JUST DOES REQUIRE TO GO BACK TO CITY COUNCIL TO APPROVE THAT AMENDMENT.
AND THEN YOU DO HAVE A PURCHASING POLICY ALSO, CHRISTINE, I BELIEVE MENTIONED THIS LAST MONTH, THAT ALL YOUR EXPENDITURES HAVE TO BE, UM, IN ACCORDANCE WITH YOUR CITY PURCHASING POLICY.
WHAT CAN YOU AS AN MDD FUND, AS I MENTIONED BEFORE, UM, THE STATUTE TALKS ABOUT ANYTHING THAT'S DEFINED AS A PROJECT.
AND SO IT GOES INTO TALKING ABOUT, WELL, WE WANT YOU TO BE ABLE TO FUND PROJECTS THAT ARE SIMILAR TO THOSE AS A TYPE B ECONOMIC DEVELOPMENT CORPORATION.
IT'S KIND OF A MORE EXPANSIVE LIST THAN A TYPE A DEVELOPMENT CORPORATION.
I'M NOT GONNA GET INTO DETAILS ABOUT WHAT THOSE TWO THINGS ARE.
BUT WE, THE, THE WAY THAT THE LEGISLATURE DOES IT, THEY SAY, OKAY, NOW WE'LL SEE THIS SECTION.
SO WE TALKED ABOUT, WE'RE STARTING IN CHAPTER 3 77.
THEN REFERS US TO CHAPTER 5 0 5, UH, SECTIONS 1 51 TO 1 58 FOR WHAT THOSE PROJECTS ARE UNDER THE TYPE B THAT YOU CAN FUND.
UM, IT ALSO, SP 3 77 ALSO ADDS, UM, CONVENTION CENTER FACILITIES
[00:15:01]
OR RELATED IMPROVEMENTS.SO YOU HAVE YOUR OWN SPECIAL LITTLE ONE ABOUT CONVENTION CENTERS, WHO KNOWS
SO STARTING WITH 5 0 5 AND 1 51, UM, WE ARE GONNA, YOU'RE GONNA HEAR A PHRASE FROM ME OVER AND OVER AND OVER AGAIN ABOUT LAND BUILDINGS, EQUIPMENT, FACILITIES, EXPENDITURE AND IMPROVEMENTS.
EVERY ONE OF THESE SECTIONS THAT WE'RE GONNA TALK ABOUT IS LIMITED TO LAND BUILDING, EQUIPMENT, FACILITIES, EXPENDITURE AND IMPROVEMENTS.
SO WHEN WE'RE TALKING ABOUT WHAT THE STATUTE ALLOWS YOU TO FUND, KIND OF ALWAYS REMEMBER THAT IT'S GONNA GO BACK TO DIFFERENT TYPES OF PROJECTS, BUT ALWAYS ASSOCIATED WITH THAT CATEGORY.
SO A TABLE INSIDE OF A RESTAURANT YOU CAN'T FUND, BUT A FIRE SUPPRESSION SYSTEM YOU COULD FUND BECAUSE IT, IT FITS IN THAT KIND OF CATCHALL.
NOT, WELL, NOT A CATCHALL, BUT THE SPECIFIC, WHAT TYPE OF PROJECTS WITHIN THESE OVERALL CATEGORIES ARE AVAILABLE.
UM, SO 5 0 5 1 51 IS A, JUST WENT THROUGH THAT.
IT HAS, UM, JOB TRAINING AND RECYCLING FACILITIES ARE ALSO ALLOWED IN ADDITION TO THOSE.
UM, FIVE, OH, THE JOB TRAINING HAS SOME VERY SPECIFIC REQUIREMENTS.
UM, BUT IF THAT COMES UP WE'LL, WE'LL LOOK A LITTLE BIT FURTHER.
AND I WOULD LIKE TO SAY, AS WE'RE GETTING INTO ALL OF THESE, WHEN YOU GET A PROJECT THAT'S COMING BEFORE YOU, CHRISTINE AND I HAVE DONE ALL THE BACKGROUND RESEARCH.
WE'VE TALKED EXTENSIVELY ABOUT THE PROJECT AND DOES IT FIT INTO ONE OF THESE CATEGORIES? IS IT SOMETHING THAT YOU CAN FUND? SO, UM, IT'S BEEN VETTED, IT'S BEEN THOROUGHLY DISCUSSED AND RESEARCHED IF NECESSARY.
SO I JUST WOULD LIKE TO LET YOU GUYS KNOW THAT, THAT YOU CAN TAKE SOME REASSURANCE THERE THAT WE HAVE BEFORE YOU SEE IT.
IT, WE'VE TALKED EXTENSIVELY TO MAKE SURE IT'S SOMETHING THAT, THAT YOU CAN FUND.
UM, SO SECTION 5 0 5 1 52 PROJECTS RELATED TO RECREATIONAL OR COMMUNITY FACILITIES.
LIKE THIS IS ONE OF THOSE ONES THAT YOU CAN LOOK AT.
WHAT TYPE OF CAN WE BRING IN BALLPARKS? CAN WE BRING IN, UM, THIS IS THE MANSFIELD BIG LEAGUE DREAMS, IF YOU'VE EVER BEEN THERE BEFORE THAT I'LL CLOSE DOWN.
AND THEN WHEN YOU'RE LOOKING AT, UM, WHAT'S ALSO RELATED TO THOSE.
SO YOU CAN ALSO HAVE, WE'RE GONNA BRING IN THE BALLPARK AND THEN IF, IF THERE'S A RESTAURANT ASSOCIATED WITH IT.
SO SOMETHING LIKE, UM, OUTSIDE OF THE, WHERE THE RANGERS PLAY, ALL THAT DEVELOPMENT THAT CAME IN, THAT'S ALL ASSOCIATED WITH THE BALLPARK.
YOU COULD PROBABLY, WE COULD LOOK AT DOING SOMETHING LIKE THAT UNDER THE STATUTE.
'CAUSE IT'S ALL RELATED TO THAT RECREATION OR COMMUNITY FACILITIES PROJECT.
UM, IT, THIS IS ONE THAT'S VERY DIFFERENT FROM THAT.
TYPE B IS VERY DIFFERENT FROM THE TYPE A, TYPE A DOESN'T ALLOW FOR THESE TYPE OF PROJECTS.
BUT, UM, WHEN WE'RE LOOKING AT THE FARMER'S MARKET IS POSSIBLY SOMETHING WE CAN PUT IT UNDER THE STATUTE BECAUSE OF THE PARKS AND DIFFERENT THINGS.
SO THIS ONE IS FUN, UM, IF WE CAN.
AND THEN, SO YOU GOT CONS, CONCERT HALLS, AMPHITHEATERS, UM, THEN ANY OF THE OPEN SPACES THAT ARE NECESSARY WITH THAT AS WELL.
SO IF YOU NEED TO DO, UH, THE, UM, DRAINAGE OR FACILITIES FOR LIKE A SOCCER FIELD, THAT WOULD BE THE LAND IN THE IMPROVEMENTS ASSOCIATED WITH THAT RECREATIONAL USE.
UM, PROJECTS RELATED TO AFFORDABLE HOUSING.
THIS IS ACTUALLY A LOW INCOME DEVELOPMENT IN AUSTIN.
SO, UM, YOU, AGAIN, IT, REMEMBER WE'RE TIED BACK TO THE LAND BUILDING EQUIPMENT, FACILITIES AND IMPROVEMENTS.
BUT IF THERE'S A AFFORDABLE HOUSING PROJECT THAT WANTED TO COME INTO AUBREY, WE COULD USE 5 0 5 1 53 AND LOOK AT A GRANT, UM, TO HELP SUPPORT THAT TYPE OF A PROJECT.
UM, 5 0 5 1 54 PROJECTS RELATED TO WATER SUPPLY FACILITIES AND WATER CONSERVATION PROGRAMS. DON'T KNOW HOW APPLICABLE THIS MIGHT BE, BUT I DON'T KNOW IF THERE'S A WHOLE LOT OF WATER IN IN TOWN, BUT THAT'S SOMETHING THAT DIFFERENT CITIES CAN USE TO IMPLEMENT DAMS, WATER LINES.
UM, THEN YOU'VE GOT THE WATER CONSERVATION PROGRAMS THAT CAN BE FUNDED UNDER THAT SECTION AS WELL.
THEN 5 0 5, 1 55 PROJECTS RELATED TO BUSINESS ENTERPRISES THAT CREATE OR RETAIN PRIMARY JOBS.
THIS ONE SOUNDS GREAT AND IT SOUNDS LIKE IT'S GONNA BE THIS HUGE ENCOMPASSING ANYTHING THAT CREATES WHAT LEADS YOU TO BELIEVE FULL-TIME EMPLOYMENT.
RIGHT? UNFORTUNATELY THAT'S NOT WHAT THIS IS.
THE STATUTE REALLY NARROWLY WELL DEFINES WHAT A PRIMARY JOB IS.
BUT BEFORE WE GET TO THAT LIST, UM, AGAIN, LAND BUILDING FACILITIES IMPROVEMENTS, BUT YOU'RE LOOKING AT IF IT FITS, IF IT IS CREATING THOSE PRIMARY JOBS, YOU CAN DO STREETS, ROADS, DRAINAGE,
[00:20:01]
UM, AND THEN ANY PROJECT THAT PROMOTES OR DEVELOPS THE NEWER EXPANDED BUSINESS ENTERPRISES TO CREATE THOSE JOBS.SO IF IT FALLS WITHIN ONE OF THESE JOBS THAT WE'RE GONNA TALK ABOUT IN JUST A SECOND, THIS ONE IS A PRETTY BIG CATEGORY OF WHAT YOU CAN DO THERE.
UM, SO AGAIN, IT'S NOT JUST A FULL-TIME JOB, BUT IT IS DEFINED BY THE STATUTE.
SO IT IS AVAILABLE AT A COMPANY FOR WHICH A MAJORITY OF THE PROJECTS OR SERVICES OF THAT COMPANY ARE ULTIMATELY EXPORTED TO REGIONAL, STATEWIDE, NATIONAL, INTERNATIONAL MARKETS, INFUSING NEW DOLLARS INTO THE LOCAL ECONOMY AND INCLUDED IN A SECTOR OF THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.
SO THAT'S, THAT'S WHERE WE GET THE CATCH RIGHT.
IT HAS TO BE ONE, ONE OF THESE LISTS.
SO HERE'S A GREAT, THIS IS A PICTURE OF MY HOMETOWN
OH, UM, HERE, BUT HERE'S OUR LIST, RIGHT? SO IT'S CROP PRODUCTION, ANIMAL PRODUCTION, FORESTRY MINING, COMPUTER SYSTEM AND DESIGN.
SO, UM, YOU KNOW, CORRECTIONAL INSTITUTIONS.
SO THERE, IT, IT IS A PRETTY BIG LIST, BUT IT DOESN'T ALWAYS FIT THE TYPE OF PROJECTS THAT, SO CHRISTINA AND I TALKED ABOUT A GROCERY STORE.
WOULD A GROCERY STORE FIT? WELL, NO, BECAUSE WE'RE NOT LOOKING AT THE PRIMARY JOBS DEFINITION.
UM, AND THEN, SO 5 0 5 1 5 6 1 PROJECTS RELATED TO AIRPORT FACILITIES IN CERTAIN MUNICIPALITIES.
UM, AGAIN, LAND BUILDING EQUIPMENT, FACILITIES AND IMPROVEMENTS.
BUT THIS IS ONLY PERMITTED IF YOU ENTER A DEVELOPMENT AGREEMENT WITH THE ENTITY ACQUIRING A LEASEHOLD OR POSSESSORY INTEREST FROM THE CORPORATION AND ALLOWED TO SUBLEASE YOUR INTEREST FOR OTHER PROJECTS THE BOARD IS AUTHORIZED TO FUND.
YEAH, I DON'T KNOW IF WE EVER GET AN AIRPORT PROJECT, WE'LL COME BACK AND LOOK AT AND LOOK AT THIS AND WHAT THAT MEANS, BUT I DIDN'T SPEND A WHOLE LOT OF TIME RESEARCHING EXACTLY WHAT THAT GETS INTO BECAUSE I DIDN'T WANNA EXPEND THE FUNDS FOR Y'ALL TO DO THAT.
BUT THERE ARE SOME PROJECTS YOU CAN DO FOR AIRPORTS, BUT THERE'S A CAVEAT FOR HOW THAT GETS PUT INTO PLACE.
UM, PROJECTS RELATED TO BUSINESS DEVELOPMENT AND SMALL MUNICIPALITIES, THIS IS REALLY THE ONE THAT WE'RE GONNA USE A LOT.
UM, LIKE WE TALKED ABOUT BEFORE, YOU CAN, IF YOU'RE LOOKING AT RESTAURANTS, WOULD BE GREAT IF THAT, UM, SECTION EARLIER REGARDING RECREATIONAL USE ENCOMPASSED ALL RESTAURANTS.
IT DOESN'T ONLY ENCOMPASSES THE RESTAURANTS ASSOCIATED WITH THE RECREATIONAL USE.
SO WHEN WE'VE BEEN TALKING ABOUT THE DIFFERENT RESTAURANTS, WE'RE LOOKING AT PUTTING THOSE UNDER 5 0 5 1 58 FOR FUNDING.
'CAUSE THIS REALLY IS THE CATCHALL PROVISION.
IT'S AVAILABLE TO MUNICIPALITIES WITH A POPULATION OF 20,000 OR LESS.
AGAIN, WE HAVE THE LAND BUILDINGS, EQUIPMENT, FACILITIES, EXPENDITURE.
THIS TIME WE ADDED TARGETED INFRASTRUCTURE AND IMPROVEMENTS THAT PROMOTE OR NEWER EXPANDED BUSINESS DEVELOPMENT.
SO THERE'S, YES, THE WORD EXPENDITURE SEEMS VERY GENERIC AND BROAD.
DO YOU HAVE ANY EXAMPLES OF WHAT HAS BEEN COVERED UNDER THAT? UM, SO IT, IT IS PRETTY BROAD AND THAT'S WHY WE CAN USE THIS ONE MORE OFTEN THAN OTHERS.
UM, WE, WE STILL TRY TO AVOID THE TYPE OF THINGS AS, AS A RULE OF THUMB THAT THEY COULD TAKE WITH THEM WHEN THEY LEAVE.
SO WE STILL TRY TO LOOK AT THE BUILDING, THE, THE FUNCTION, UM, YEAH, THE FIXTURES
AND, AND YOU CAN ALSO MAKE THAT A POLICY DETERMINATION AS A BOARD.
UM, THAT'S KIND OF BEEN DISCUSSIONS IN THE PAST OF WE DON'T WANNA PAY FOR THINGS THAT CAN BE TAKEN OUT IN A YEAR IF THEY, IF THEY DON'T MAKE IT, WE WANT SOMETHING THAT'S GONNA STICK WITH THE BUILDING.
AND, UM, SO ARGUABLY IT COULD GIVE YOU A LITTLE BIT MORE ROOM IF YOU NEEDED TO DO LIKE SOME LANDSCAPING UPDATE.
WE HAVEN'T, WE DIDN'T PUT THAT IN YOUR TARGETED IMPROVEMENT GRANT BECAUSE AGAIN, LANDSCAPING DIES OR IT'S CHANGED OUT, THOSE TYPES OF THINGS.
BUT IT DOES EXPAND WHAT YOU CAN SPEND A LITTLE BIT, UM, BASED ON WHAT YOUR POLICIES AND YOUR DESIRES AS A BOARD ARE.
ON THE 20,000 OR LESS, THAT'S JUST WITHIN THE CITY LIMITS OR DOES THAT ACCOUNT FOR THE POPULATION IN THE ETJ AS WELL? UM, I BELIEVE IT'S THE CITY LIMITS, BUT LET ME DOUBLE CHECK.
UM, SO THIS IS A PICTURE OF DAN'S CRAFT BARBECUE IN ALITO.
I WORKED ON A, A DEVELOPMENT AGREEMENT TO BRING A WATER AND SEWER UPGRADES, UM, EXPANDING THEIR WATER LINES THROUGH A 5 0 5 1 58 AGREEMENT BETWEEN ALITO, THEIR EDC AND DANES BARBECUE.
SO THERE ARE SOME PROCEDURAL STEPS THAT ARE INCLUDED FOR, UM, FOR THESE SECTIONS.
5 0 5 1 58 DOES REQUIRE FOR, IF IT EXCEEDS $10,000, IT MUST BE
[00:25:01]
APPROVED BY RESOLUTION OF CITY COUNCIL, UM, AT TWO SEPARATE READINGS.AND 5 0 5 1 59 REQUIRES A PUBLIC HEARING TO APPROVE MOST PROJECTS.
SO AS YOU SAW IN THE PAST, REALLY ALL THAT IS, IS ADDING THE WORD PUBLIC HEARING TO THE BEGINNING OF YOUR AGENDA ITEM.
AND THEN HOLLY HAS TO SAY, DOES ANYONE HERE WANNA SPEAK ON THIS ITEM? SEEING NONE, WE CLOSE AND IT TAKES THAT MUCH TIME.
SO THAT 10,000 IS PART OF THE, UM, SECTION 5 0 5 1 5 8, IT CANNOT BE CHANGED.
SO IF YOU HAVE A PROJECT UNDER THE RECREATION ONE, FOR EXAMPLE, THAT ONE ISN'T, IT'S NOT INCLUDED THERE, THEN YOU'RE JUST LOOKING AT YOUR BYLAWS.
AND WHAT DOES YOUR BYLAWS REQUIRE YOU TO DO FOR APPROVAL OF CERTAIN FUNDS? BECAUSE AGAIN, WE HAVE YOUR, UM, PURCHASING POLICY IN PLACE, RIGHT.
UM, BUT THE, THE TWO HEARINGS AND APPROVAL BY RESOLUTION IS FOR THE, FOR THE FUNDS OVER 10,000, UM, UNDER 5 0 5 1 58.
UM, SO THERE ARE A FEW MORE PROVISIONS THAT AREN'T REALLY APPLICABLE TO AUBREY.
UM, ELISE, I'M ASSUMING YOU MADE MORE THAN 50,000 IN SALES TAX REVENUE.
AND THEN, AND THEN THE OTHER ONE IS COUNTIES WITH THE POPULATION OF, OF MORE THAN 2.5 MILLION.
SO I DIDN'T REALLY GO INTO THESE, BUT THERE ARE SOME OTHERS THAT ARE OUT THERE.
SO HOW DOES THE BOARD FUND YOUR PROJECTS? SO YOU DO HAVE YOUR TIF GRANT THAT'S IN PLACE THAT JUST ALLOWS YOU TO, UM, WHEN THE APPLICANT COMES IN, YOU APPROVE THE GRANT, THEY HAVE TO BRING BACK THE PROOF OF THEIR EXPENDITURES AND YOU REIMBURSE.
THE OTHER IS AN OPPORTUNITY FOR A PUBLIC-PRIVATE PARTNERSHIP.
AND WHAT THIS IS, IS JUST A COLLABORATION AGREEMENT, UM, BETWEEN THE BOARD AND THE ENTITY ABOUT WHAT ARE THOSE STANDARDS.
SO AS YOU GET BIGGER PROJECTS, UM, SOME EDCS ARE FUNDING MULTIMILLION DOLLAR PROJECTS.
AND SO YOU, THE BIGGER IT GETS, THE MORE STRINGENT RIGHT, YOU'RE GONNA WANT YOUR CONTRACT TO BE AS TO WHAT REALLY DO THEY HAVE TO PUT INTO PLACE BEFORE YOU HAVE TO SPEND MONEY OR BEFORE, WHAT ARE, WHAT ARE THE TRIGGERS THAT REQUIRE YOU TO PAY OUT? UM, SO LIKE I SAID, WE HAVE YOUR MATCHING FACADE GRANT.
UM, SO THERE, THERE ARE SOME DIFFERENT WAYS TO STRUCTURE YOUR PUBLIC PARTNERSHIP AGREEMENTS THAT WE CAN LOOK AT IN DETERMINING WHAT FITS BEST FOR EACH DIFFERENT TYPE OF PROJECT.
SO YOU CAN DO AN UPFRONT HERE, HERE'S YOUR MONEY, GO BRING THE BUSINESS.
MOST BOARDS DON'T REALLY LIKE TO DO THAT.
THEY WANT SOME GUARANTEE THAT SOMETHING'S GONNA HAPPEN BEFORE MONEY'S GIVEN AWAY.
UM, SO THEN WE ALSO SEE THE MATCHING GRANT IF IT, AND THEN, UM, YOU HAVE A SALES TAX REIMBURSEMENT PROGRAM.
SO WHAT THAT MEANS IS, UM, FOR EXAMPLE THAT DANE'S BARBECUE IN ALITO THAT I SHOWED YOU, THAT WAS OVER SEVEN YEARS, WHAT THE COMPANY BROUGHT IN IN SALES TAX, THEY'D BE REIMBURSED UP TO A CERTAIN AMOUNT OR IF THEY DIDN'T REACH THAT CERTAIN AMOUNT OVER THE SEVEN YEARS IT WAS DONE.
SO I, I CAN'T, I DON'T REMEMBER OFF THE TOP OF MY HEAD WHAT THAT AMOUNT WAS, BUT THEY DID, THEY RAN SOME NUMBERS AND SAID, YEAH, WE THINK THAT YOUR, YOUR BUSINESS, WHAT YOU'RE PROJECTING IS GONNA SUPPORT THIS MUCH IN SALES TAX REVENUE IN YEAR ONE, THIS MUCH IN YEAR TWO.
AND IT WOULD BE, IT WOULD SUPPORT US THEN PAYING YOU BACK.
SO THE SALES TAX MONIES COME IN TO THE CITY AND TO THE BOARD, CHRISTINE, AND THEN THAT WOULD BE REIMBURSED ANNUALLY OR QUARTERLY, HOWEVER YOU SET UP THAT AGREEMENT.
BUT YOU'RE NOT PUTTING ANY MONEY UP FRONT.
IT'S STRICTLY WHAT THEY MAKE, UM, IS WHAT THEY GET.
YOU CAN ALSO, WHEN YOU'RE DOING THOSE, UM, SET IT UP FOR, YOU'RE ONLY GONNA GET 60% OR YOU CAN GET 40% BACK UNTIL YOU MEET, MEET THAT DOLLAR AMOUNT.
SO, UM, THAT IS A, A GOOD TOOL TO HAVE AND IT'S SOMETHING THAT, UM, HAS WORKED PRETTY WELL FOR OTHER CITIES BECAUSE YOU AREN'T TAKING ON THE RISK.
AND IF THE BUSINESS CLOSES, WELL, THE INFRASTRUCTURE GOT PUT IN PLACE, THEY GOT SOME OF THE MONEY BACK, BUT THEY'RE NOT GONNA KEEP GETTING MONEY OR THEY DIDN'T WALK AWAY WITH KIND OF A WINDFALL.
AND THEN THERE'S ANOTHER ONE CALLED
UM, AND REALLY WHAT THAT IS, IS DURING THE CONSTRUCTION PHASE, THEY DESIGNATE THE CITY OR THE, THE LOCATION AS THE, WHERE THE, THE SALES TAX IS PAID.
SO EVEN IF THEY'RE PURCHASING THE MATERIALS ELSEWHERE, THEY'RE DESIGNATING THE CITY SO THAT THE S OF THE CONSTRUCTION, THE S OF THE SALES TAX IS AUBREY.
AND YOU CAN COLLECT THOSE SALES TAX REVENUES AND THEN SET UP THE, THE REIMBURSEMENT THROUGH THE TUS AGREEMENT.
UM, UM, AND THEN ONE OF THE OTHER THINGS THAT WE HAVE TALKED ABOUT, IF THERE ARE THINGS THAT THE BOARD REALLY WANTS TO FUND BUT AREN'T WITHIN THAT LAND, UM, FACILITIES, THOSE, YOU KNOW, THAT MONEY PHRASE THAT WE HAVE, UM, YOU CAN TALK TO THE CITY IF IT'S SOME, THERE'S SOMETHING THAT THE CITY WANTS
[00:30:01]
TO PUT IN PLACE, YOU KNOW, TO, WE REALLY NEED TO PAY FOR THESE SIDEWALKS, BUT WE'VE GOT THIS OTHER EXPENDITURE MAYBE THE CITY ENTERS, UM, IN, IN THEIR LOCAL AGREEMENT WITH THE CITY WHEREBY YOU GIVE THE CITY X AMOUNT OF DOLLARS, THEY CAN PUT IT TOWARDS THEIR STREET FUND AND THEN TAKE THAT MONEY AND PAY FOR CHRISTMAS TREE LIGHTING, UM, ONE OF THE OTHER EVENTS IN TOWN BECAUSE RIGHT EVENTS DON'T FIT IN WITH THAT LAND BUILDING FIT FIXTURES DEFINITION, BUT THE CITY HAS THE ABILITY TO PAY FOR THOSE.AND SO YOU CAN, IT REALLY REQUIRES, UM, SOME COOPERATION BETWEEN THE TWO.
THAT'S WHY IT'S ALWAYS GREAT TO HAVE A GOOD WORKING RELATIONSHIP BETWEEN THE BOARD AND THE CITY TO MAKE SURE THAT ALL OF THE, THE GOALS AND AMBITIONS OF BOTH COULD BE ACCOMPLISHED WITH THAT IS A WAY THAT YOU'RE ABLE TO KIND OF WORK OUTSIDE OF THAT WHERE THE, THE PROJECTS AS DEFINED UNDER THE ACT ARE STILL BEING PAID FOR, BUT MAYBE SOME OTHER THINGS THAT YOU'RE HOPING TO DO AND BE WANT TO BE ABLE TO CONTRIBUTE TOWARDS CAN BE FUNDED AS WELL.
UM, SO THIS IS JUST ME TELLING YOU, YOU HAVE TO GET TO GO THROUGH MANDATORY TRAINING UNDER THE OPEN MEETINGS ACT AND PUBLIC INFORMATION ACT.
I MENTIONED LAST TIME THAT THE ATTORNEY GENERAL HAS THE FORMS THAT SAY, YEAH, YOU DID IT.
IF YOU GO THROUGH THEIR SPECIFIC TRAINING.
AND THEN I'M GONNA SKIP AHEAD A LITTLE BIT JUST TO BRIEFLY GO OVER, ARE YOU ABLE TO ENTER IN A SLIDE TO JUMP AHEAD OR IF I DON'T CLICK IT IS, SORRY, 46.
OKAY, SO YOU, GOING BACK TO YOUR BYLAWS, YOU DO HAVE SOME ETHICS PROVISIONS IN YOUR BYLAWS.
SORRY, JUMPING AWAY AHEAD ON EVERYBODY
SO YOU, SO THE ETHICS THAT ARE IN YOUR BYLAWS, YOU HAVE TO CONDUCT YOURSELF IN A MANNER CONSISTENT WITH SOUND BUSINESS AND ETHICAL PRACTICES.
JUST SO EVERYBODY KNOWS ETHICS CODES ARE PRETTY VAGUE FOR A REASON.
THEY'RE ALL, THEY'RE PRETTY BROAD.
JUST WHAT THAT MEANS TO YOU, YOU KNOW, UM, THEN YOUR PUBLIC, THE PUBLIC INTEREST IS ALWAYS TO BE CONSIDERED IN CONDUCTING DISTRICT BUSINESS.
UH, THE APPEARANCE OF IMPROPRIETY IS TO BE AVOIDED.
AND THEN YOU'RE SUBJECT TO ANY RULES OF ETHICAL CONDUCT ADOPTED BY THE CITY.
OKAY? SO STATE LAW CONFLICTS OF INTEREST, AS I MENTIONED BEFORE, YOUR BYLAWS SPECIFICALLY SAID YOU ARE SUBJECT TO CHAPTER 1 71.
AND SO WHAT THAT DOES, IT PROHIBITS A LOCAL OFFICIAL, OR YOU AS A BOARD MEMBER FROM PARTICIPATING IN THE VOTE DISCUSSION OR DELIBERATIONS ON A MATTER WHERE, UM, INVOLVING A BUSINESS ENTITY OR PROPERTY THAT YOU HAVE A SUBSTANTIAL INTEREST.
AND SO WHAT DOES THAT MEAN? SO YOU HAVE A SUBSTANTIAL BUSINESS ENTITY INTEREST IN OFFICIAL ACTION IF YOU OWN 10% OR MORE OF THE VOTING STOCK OR SHARES OF THE BUSINESS ENTITY.
SO IF IT'S YOUR BUSINESS THAT'S ASKING FOR A GRANT, YOU HAVE A SUBSTANTIAL INTEREST AND YOU NEED TO RECUSE YOURSELF AND NOT BE A PART OF THAT DISCUSSION OR THE VOTE.
UM, YOU OWN 10% OR MORE, OR $15,000 OR MORE OF THE FAIR MARKET VALUE OF THE BUSINESS ENTITY, OR YOU RECEIVE FUNDS FROM A BUSINESS ENTITY IN EXCESS OF 10% OF YOUR GROSS INCOME FOR THE PREVIOUS YEAR.
SO IF YOUR EMPLOYER COMES AND ASKS FOR A GRANT, THEN YOU WOULD ALSO NEED TO RECUSE YOURSELF.
UM, AND THEN THE OTHER THING YOU CAN ASK IS, WILL THE ACTION HAVE A SPECIAL ECONOMIC EFFECT ON, UM, THE BUSINESS ENTITY THAT'S DIFFERENT FROM ITS EFFECT ON THE PUBLIC? SO IF YOU'RE AFFILIATED WITH THAT AND IT'S GONNA, THE THE REQUEST THAT'S BEFORE YOU, IF IT'S GONNA HAVE A SPECIAL IMPACT, SO MAYBE YOU ARE THE CONTRACTING COMPANY FOR THE GRANT THAT'S THERE AND YOU'RE GONNA GET A, IT'S GONNA BE A LARGE CONTRACT FOR YOU, THEN YOU MIGHT CONSIDER, IS THAT GONNA HAVE A SPECIAL ECONOMIC EFFECT ON ME? UM, AND THEN DO YOU HAVE A SUBSTANTIAL REAL PROPERTY INTEREST IN AN OFFICIAL ACTION THAT'S IF YOU HAVE AN EQUITABLE OR LEGAL INTEREST IN PROPERTY DIRECTLY AFFECTED BY THE ACTION OF, WITH A FAIR MARKET VALUE OF 25,000 OR MORE.
SO IF YOU OWN A BUSINESS AND YOUR TENANT ISN'T ASKING FOR A GRANT, THAT WOULD PROBABLY TRIGGER THIS REQUIREMENT.
UM, OR IF YOU HAVE THE SAME INTEREST IN REAL PROPERTY LOCATED WITHIN 200 FEET OF THE PROPERTY DIRECTLY AFFECTED, THIS REALLY IS MORE, WE SEE THIS MORE WITH PLANNING AND ZONING REQUESTS FOR A ZONING CHANGE OR A VARIANCE OF THAT TYPE.
YOU WOULD HAVE TO, SO NOT SO MUCH HERE, BUT IF YOU, IF YOU SEE SOMETHING COME IN AND IT'S YOUR NEIGHBOR, FOR EXAMPLE, MAYBE YOU CALL CHRISTINE AND SAY, WHAT DO YOU THINK? DO I, DO I NEED TO STEP DOWN AND WE CAN HAVE A CONVERSATION IF, IF YOU EVER HAVE A QUESTION.
[00:35:04]
SO AS I JUST SAID, IF THEY ANSWERED ANY OF THOSE QUESTIONS OR EVER YES.UM, TALK TO CHRISTINE IF WE, IF, AND SHE'LL PROBABLY CALL ME AND WE'LL TALK THROUGH EITHER TOGETHER OR IF YOU'RE NOT AVAILABLE, I'LL TALK WITH CHRISTINE, UM, AND FIGURE OUT IF THERE'S A CONFLICT THERE.
THEN YOU WOULD FILL OUT A CONFLICT AFFIDAVIT UNDER THE LAW AND THEN YOU ABSTAIN FROM DELIBERATIONS DISCUSSION AND PARTICIPATION.
NORMALLY WHAT WE RECOMMEND IS YOU WALK OUT SO THAT WAY YOU'RE NOT IN THE AUDIENCE MAKING FACES AND YOU KNOW, SHOOTING EYE DAGGERS AT ANYBODY TRYING TO INFLUENCE ANYTHING.
UM, SO THESE CONFLICTS ALSO EXIST IF YOU'RE RELATED TO A PERSON WITH THAT TYPE OF SUBSTANTIAL INTEREST, WHO IS YOUR PARENT CHILD, SPOUSE, PARENT IN-LAW OR STEPCHILD.
SO IF YOUR SON'S BUSINESS COMES IN AND IS ASKING FOR A GRANT, YOU SHOULDN'T PARTICIPATE IN THE DISCUSSION.
AND SO THERE ARE SOME CONSEQUENCES.
SO DO BE MINDFUL THEY, THEY ARE PRETTY SERIOUS.
UM, IT CAN BE CONSIDERED A CLASS A MISDEMEANOR WITH A ONE YEAR OF JAIL TIME OR A FINE UP TO $4,000 AND IT CAN VOID ACTIONS OF THE BOARD.
SO, YOU KNOW, SOMETIMES PEOPLE THINK, YOU KNOW, I'M JUST GONNA GONNA LET IT SLIDE BECAUSE MAYBE SOMEBODY WON'T FIND OUT HYPOTHETICALLY, I'M NOT SAYING ANYONE, YOU KNOW, SPECIFIC, BUT YOU KNOW, THE END RESULT OF THAT IS PERHAPS THE BOARD REALLY WOULD HAVE UNANIMOUSLY APPROVED OR APPROVED A PROJECT THAT YOU COULD HAVE A SUBSTANTIAL INTEREST IN, BUT NOW IT'S POTENTIALLY AVOIDABLE BECAUSE YOU DIDN'T STEP DOWN AND, AND RECUSE YOURSELF FROM THAT DISCUSSION.
UM, AND THEN THERE'S JUST SOME OTHER GIFTS TO PUBLIC SERVANTS.
UM, IF YOU, IF SOMEBODY'S TRYING TO GIVE OUT, THEY'RE GIVING YOU A GIFT TO SAY, HEY, I GOT A GRANT COMING UP, WHY DON'T I, YOU KNOW, WHY HERE, TAKE THIS GIFT BASKET OR TAKE THIS FLASK A WHISKEY OR SOMETHING.
HAD THE WHISKEY THING HAPPEN TO A DIFFERENT PERSON, A DIFFERENT CITY.
SO, UM, IF, IF YOU KNOW SOMEBODY'S COMING UP BEFORE YOU, THEY'RE TRYING TO GIVE YOU A GIFT BECAUSE OF YOUR POSITION AS A BOARD MEMBER, YOU SHOULD TURN THAT DOWN.
UM, ONE OF THE EXCEPTIONS IS IF SOMEONE WANTS TO TAKE YOU TO DINNER AND THEY ARE THERE WITH YOU, YOU CAN GO TO DINNER, YOU CAN GO TO AN EVENT.
IF THAT PARTY IS THERE, THEY TRY TO HAND OVER TICKETS TO THE COWBOYS GAME.
MAYBE THEY'RE UNDER $50 NOW, I DON'T KNOW.
BUT UM, YOU KNOW, YOU SHOULDN'T BE GOING ON YOUR OWN.
IT'S NOT A GIFT FOR YOU AND YOUR FAMILY, BUT IF YOU'RE GOING AS A SPONSORED EVENT WHERE THEY ARE THERE, THEN, THEN YOU CAN GO TO THOSE TYPE OF EVENTS.
AND THAT'S IT, THAT'S EVERYTHING I'VE GOT.
DOES ANYBODY HAVE QUESTIONS FOR ME? I KNOW THAT'S A LOT.
UM, AND THE STATUTES AS TO WHAT WE CAN FUND AND THE DIFFERENT PROJECTS ARE CAN BE CONFUSING.
SO I'M HAPPY TO ANSWER ANY QUESTIONS.
[Staff Report]
NOW CHRISTINE WILL GO OVER THE STAFF REPORT.ALL RIGHT, SO I HAVE INCLUDED IN YOUR PACKET THE SOCIAL MEDIA REPORT.
ARE THERE ANY QUESTIONS Y'ALL MAY HAVE ON THAT OR THE STAFF REPORT, MONTHLY STAFF REPORT I PROVIDED BEFORE? UM, I THINK IT'S PRETTY SIMPLE.
WE MET THREE WEEKS AGO, SO NOT A WHOLE LOT'S CHANGED.
THE ONLY REPORT I DO HAVE TO UPDATE YOU ON IS THAT THE LOT BEHIND THE AUTO PARTS STORE WAS CLEANED.
THE DEBRIS AND ALL THE EXTRA LIMBS AND TRASH HAVE BEEN REMOVED, SO, AND IT'S BEEN MOWED.
SO THAT'LL START GETTING MAINTAINED ALONG WITH THE OTHER GRASS MOWING.
SO THAT WILL LOOK A LOT BETTER.
ARE THERE ANY OTHER QUESTIONS? I DON'T THINK SO.
AND THE ONLY OTHER THING IS I'M GETTING READY FOR ICSC IN JANUARY, WHICH, UM, MIKE BROWNING IS PLANNING TO ATTEND.
AND SO AARON BOGAR IS ALSO PLANNING TO ATTEND AND HELP WITH THE BOOTH.
SO WE DID FIND ENOUGH HELP FOR THAT IF Y'ALL DIDN'T SEE MY NOTE ON THAT.
BUT OTHERWISE I DON'T HAVE ANYTHING.
[Future Agenda Requests]
WOW, THIS IS QUICK.ANYBODY HAVE ANY FUTURE AGENDA REQUESTS? I PUT NOVEMBER FINANCES ON THERE.
AND I DO WANNA REMIND Y'ALL, YOU HAVE YOUR JOINT MEETING WITH CITY COUNCIL IN JANUARY, SO IS THERE ANYTHING ON IN SPECIFICALLY OR THAT YOU WANNA REQUEST? THINK ABOUT THAT? UM, WE CAN PUT THAT ON HERE NOW, OR WE CAN, YOU CAN EMAIL ME BETWEEN NOW AND THE MEETING PREP.
YEAH, IF YOU THINK OF SOMETHING, I MEAN THERE'S SEVERAL, LIKE ONE WOULD BE
[00:40:01]
BEING PROJECTS TOGETHER, RIGHT? LIKE WHAT, WHAT WE CAN WORK TOGETHER KIND OF IN THAT, HOW DO YOU BROADLY PUT THAT ON THERE? UM, SO IF YOU WANTED TO DISCUSS POTENTIAL IN OUR LOCAL AGREEMENTS FOR THERE YOU GO.ANYBODY ELSE HAVE ANYTHING? DO THEY HAVE THEIR COMP PLAN DONE? NO.
THAT WILL NOT BE FINISHED FOR ANOTHER SIX MONTHS OR SO.
HOPEFULLY WE'LL HAVE A PROPOSAL IN THE SUMMER.
UM, BUT NOT SURE WILL THEY HAVE SEEN OUR STRATEGIC PLAN? UM, YES, THAT WE CAN TALK ABOUT.
YEAH, WE CAN SEND THAT TO THEM AHEAD OF TIME.
YEAH, AND THAT ACTUALLY WOULD BE SOMETHING I RECOMMEND THAT YOU ALL DISCUSS SOME OF THOSE GOALS THAT CATALYST PRESENTED IN THE LAST MEETING AND DECIDE WITH COUNSEL MAYBE SOME THINGS Y'ALL WANT TO, THEY WOULD LIKE TO SEE HAPPEN, UM, AND PRIORITIZE SOME OF THOSE IN ORDER POSSIBLY.
SO I'LL PUT, UM, STRATEGIC PLAN GOALS AND POTENTIAL INTERLOCAL AGREEMENTS.
[EXECUTIVE SESSION]
UM, DO I HAVE A MOTION TO CONVENE INTO EXECUTIVE SESSION AT 6 42? OKAY, I MAKE A MOTION TO RECESS INTO EXECUTIVE SESSION AT 6:42 PM I SECOND THE MOTION.I HAVE A MOTION BY MIKE AND A SECOND BY TODD.
IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE SECTION 5 5 1 0 0 1, THE BOARD WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING SECTION 5 5 1 0 8 7 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS GRANT NINE 30 HIGHWAY 3 7 7 SOUTH AND SECTION 5 5 1 0 7 2.
REAL PROPERTY HIGHWAY 3 7 7 SOUTH COMMERCIAL PROPERTY.
OKAY, WE'LL BE MEETING IN THE ROOM NEXT DOOR IN COMMUNITY CENTER ROOM.
[Reconvene into Open Session]
NOW RECONVENED INTO OPENING SESSION.UM, DO I HAVE ANY QUESTIONS OR ANYTHING? DID YOU GET A MOTION OR ANYTHING? YEAH, THAT WAS WHAT MIKE? UH, I JUST, HE RECONVENED.
DO I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION TO ADJOURN THIS MEETING AT 7:47 PM SECOND, I HAVE A MOTION BY MIKE, A SECOND BY BROOKS.
ALL THOSE IN FAVOR? ALL RIGHT.