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WELL, WHAT WE WANT TO DO, LET'S STAND,[I. INVOCATION, PLEDGE & ROLL CALL]
WE'RE GOING TO HAVE AN INVOCATION AND WE'LL HAVE THE FRIENDS OF ALLEGIANCE AND, UH, THE DAY IS MY BIRTHDAY.WOULD YOU JOIN ME IN PRAYER, PLEASE? FATHER GOD.
EVERY APPROACH, THE THRONE OF GRACE AND MERCY UP IS OUR ASKING, DEAR GOD, THAT YOU WOULD OPEN OUR MINDS TO THE TRAINING THAT WE ARE HERE TO RECEIVE ON DATE AND ALLOW US TO BE ABLE TO APPLY THAT TRAINING IN THE MOST PROPER DIGNIFIED AND EQUITABLE WAY WE CAN FATHER BLESS OUR CITY RESIDENTS.
FATHER HELP US ALL TO PROSPER.
YOU ARE OUR HOPE FOR TOMORROW AND WE LEAN AND DEPEND ON YOU.
THESE THINGS WE ASK IN THE NAME OF JESUS FOR HIS SAKE, WE PRAY, AMEN.
IT MAYBE DEPENDS OF ALLEGIANCE AND UNISON TOGETHER.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL CITY SECRETARY, WHAT YOU BE SO KIND AS TO ESTABLISH A QUORUM THROUGH THE ROLL CALL, MAYOR BARTEE, MAYOR PRO TEM COUNCIL MEMBER HOMES, COUNCIL MEMBER JONES, COUNCIL MEMBER KINLAW COUNCIL MEMBER MARKS, COUNCIL MEMBER MOSES.
THANK YOU SO KINDLY AND AGAIN, GOOD MORNING TO EACH OF MY COLLEAGUES HERE ON COUNCIL AND TO THE STAFF AND TO THE OTHER MEMBERS OF OUR COMMUNITY WHO MAY BE HERE OR WHO EVEN MAY BE JOINING IN THROUGH THE STREAMING SYSTEM.
[II. TRAINING]
FOR A TRAINING.THE TRAINING IS REGARDING THE ECONOMIC DEVELOPMENT BYLAWS AND TEXAS LAW REGARDING CITY COUNCIL OVERSIGHT, CITY COUNCIL'S ROLE, AS FAR AS OVERSIGHT AND ALSO THE RESPONSIBILITIES OF THE CITY COUNCIL IN REGARDS TO THE ECONOMIC DEVELOPMENT CORPORATION THAT WE HAVE HERE IN THE CITY OF PORT ARTHUR.
AT THIS TIME, I'D LIKE TO CALL OUR ATTORNEY CITY ATTORNEY VAL TIZIANO, WHO WILL IN TURN INTRODUCE OUR TRAINER FOR TODAY.
I DON'T KNOW IF YOUR MIC IS ON.
UH, I JUST WANTED TO BRIEFLY INTRODUCE OUR SPEAKER AND AGAIN, THANK HIM FOR COMING.
UM, FRANK GARCIA IS HERE TODAY FROM SAN ANTONIO, UH, WORKING WITH US AND WE GREATLY APPRECIATE HIM COMING IN.
I JUST WANTED TO GIVE YOU A LITTLE BIT OF HIS EXTENSIVE BIO.
FRANK GARZA HAS EXTENSIVE PUBLIC AND EMPLOYMENT LAW EXPERIENCE IN REPRESENTING MUNICIPALITIES AND GOVERNMENTAL ENTITIES AND LEGAL MATTERS INVOLVING BUSINESS AND OPERATION.
HE HAS REPRESENTED CLIENTS IN LITIGATION, APPELLATE AND ADMINISTRATIVE MATTERS BEFORE VARIOUS COUNTY DISTRICT AND APPELLATE COURTS IN TEXAS.
HE CURRENTLY SERVES AS CITY ATTORNEY FOR THE CITIES OF BAL CONE HEIGHTS.
HELLO, TEZ, HONDO, KARNES CITY, KYLE ALMOST PARKED ROCKWALL AND TERRELL HILLS.
ADDITIONALLY, HE PROVIDES LEGAL GUIDANCE TO ALAMO VALLEY, ALAMO HEIGHTS, LEON VALLEY, EDC RICHMOND, SAN ANTONIO.
AND WHEN CREST, MR. GARVIS GARZA SERVES AS GENERAL COUNSEL TO VARIOUS OTHER GOVERNMENTAL ENTITIES, INCLUDING BROOKE DEVELOPMENT AUTHORITY, PORT AUTHORITY OF SAN ANTONIO, CITY OF SAN ANTONIO, CIVIL SERVICE COMMISSION, CITY OF SAN ANTONIO FIRE AND POLICE CIVIL SERVICE COMMISSION, ALAMO AREA, METROPOLITAN POLICY ORGANIZATION VIA TRANSIT AUTHORITY AND SEVERAL OTHER PRIOR TO JOINING THE FIRM IN 2002, HE SERVED AS CITY ATTORNEY TO THE CITY OF SAN ANTONIO FOR SEVEN YEARS AS CITY ATTORNEY, HE MANAGED THE CITY'S LEGAL DEPARTMENT, WHICH INCLUDED 125 EMPLOYEES, 54 BEING ATTORNEYS.
HE WAS DIRECTLY RESPONSIBLE FOR ADVISING THE CITY MANAGERS, CITY COUNCIL, STAFF MEMBERS, AND OTHER CITY OFFICIALS REGARDING, UH, LEGAL DUTIES RELEVANT TO THEIR OFFICE.
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AS ASSISTANT CITY ATTORNEY FOR THE CITY OF DALLAS, AS WELL AS HE PROVIDED LEGAL REPRESENTATION TO ALL CITY DEPARTMENTS IN THE CITY OF DALLAS DURING HIS TENURE WITH DALLAS, HE DEVELOPED SEVERAL POLICIES RELATING TO SEXUAL HARASSMENT, DRUG TESTING AND RELATED POLICY.AND HE'S BEEN LEAD COUNSEL FOR OVER 10 EMPLOYMENT AND CIVIL RIGHTS JURY TRIALS DURING HIS TIME.
UH, DURING THIS TIME HE ALSO ARGUED ON SIX OCCASIONS TO THE FIFTH CIRCUIT OF APPEALS AND TWICE TO THE STATE COURT OF APPEALS AND, UH, WRITING BRIEFS TO THE UNITED STATES SUPREME COURT.
HE WAS ON THE BOARD OF THE CITY, UH, TEXAS CITY ATTORNEY'S ASSOCIATION, SERVING AS PRESIDENT OF THE BOARD IN 2013, AS WELL AS PRESIDENT OF THE UNIVERSITY HOSPITAL FOUNDATION AND OTHER BOARDS.
UM, JUST TO PARAPHRASE HIS ON HIS EXTENSIVE BACKGROUND, HE WAS EDUCATED AT THE CATHOLIC UNIVERSITY LAW SCHOOL IN WASHINGTON, DC, AND ALSO RECEIVED A BACHELOR'S FROM TRINITY UNIVERSITY.
AND WE'RE JUST VERY HAPPY TO HAVE HIM HERE.
AND AT THIS TIME I WANT TO INTRODUCE FRANK CARSON.
AND I'LL JUST TURN IT OVER TO YOU WHEN SOMEONE USES THE WORD EXTENSIVE.
I THINK THAT MEANS OLD NOWADAYS.
UM, AND IT'S FUNNY BECAUSE, UH, VALID, WHEN SHE REACHED OUT TO ME SAID SHE HAD SEEN MY TEXAS CITY ATTORNEY'S PAPER ON AND IT WAS ENTITLED CAN'T WE JUST GET ALONG.
AND IT WAS BETWEEN THE CITIES AND EDCS, AND IT WAS REALLY MOSTLY AIMED AT THE ATTORNEY CONFLICT OF INTEREST.
CAN AN ONE ATTORNEY REPRESENT BOTH THE CITIES CITY, THE CITY OF THE CITY AND ITS EDC.
AND WHAT I WAS TRYING TO DISCUSS IN THAT PRESENTATION WAS THAT IF EVERYBODY'S GETTING ALONG, YES, THEY CAN EASILY REPRESENT BOTH THE CITY AND THE EDC.
AND THAT HAPPENS QUITE OFTEN IN YOUR SMALLER CITIES, BUT WHEN THERE ARE CONFLICTS THAT SAME LAWYER CANNOT REPRESENT BOTH BECAUSE OF THE POTENTIAL CONFLICTS BETWEEN THE TWO.
AND THAT'S WHAT I WAS, THAT'S WHAT MY PRESENTATION WAS WITH REGARDS TO THAT.
UM, I'VE REPRESENTED, UH, EDCS OF SMALL CITIES, LARGE CITIES.
UM, I'VE REPRESENTED CITIES, BOTH LARGE, SMALL, BOTH HOME RULE AND GENERAL LAW.
AND I'LL TELL YOU THAT REGARDLESS OF THE SIZE AT ONE TIME OR ANOTHER, THERE WILL BE ISSUES BETWEEN THE CITY AND THEIR EDC, WHETHER IT'S D UH, DIFFERENT PLANS OR GOALS THAT THE CITY SEES THAT THEY WOULD LIKE TO ACCOMPLISH, THAT THE EDC WOULD LIKE TO ACCOMPLISH, OR A PROJECT WHERE ONE COUNCIL SUPPORTED THAT PROJECT.
THERE'S NOW A CHANGE IN THAT COUNCIL AND THEY NO LONGER SUPPORT THAT PROJECT.
AND THEY'RE TRYING TO COMMUNICATE THAT TO THE EDC, AND THOSE ARE THE TYPES OF TYPICAL ISSUES.
SO I'LL GO AHEAD AND START THE PRESENTATION.
AND I'LL ASK THAT YOU CAN ASK QUESTIONS AT ANY TIME, OR YOU CAN WAIT TO THE END.
MARY'S UNIVERSITY FOR 18 YEARS.
SO I'M USED TO STUDENTS AND OTHERS RAISING THEIR HAND WHILE I'M TALKING.
UM, SO EITHER WAY I'M, I'M FINE.
SO LET'S GO AHEAD AND START OFF WITH A LITTLE BIT OF BACKGROUND.
WHAT IS AN EDC? AN EDC IS A NONPROFIT CORPORATION ESTABLISHED BY A CITY.
THE PURPOSE IS TO SUPPORT ECONOMIC DEVELOPMENT FOR THAT CITY.
AND THE REASON THE LEGISLATURE CREATED ECONOMIC DEVELOPMENT CORPORATIONS AS A TOOL FOR CITIES IS BECAUSE THERE ARE CERTAIN THINGS THAT A POLITICAL GOVERNMENT ENTITY CANNOT DO THAT A PRIVATE CORPORATION CAN DO.
AND AN EDC IS ACTUALLY A PRIVATE CORPORATION, BUT THE VERY IMPORTANT THING THAT EDCS HAVE TO REMEMBER IS THAT THEY'RE USING SALES AND TAX DOLLARS, WHICH MEANS THEY MUST BE ACCOUNTABLE FOR THE USE OF THOSE SALES AND TAX DOLLARS.
UM, THERE ARE TWO TYPES OF EDCS PORT ARTHUR HAS A TYPE, A EDC, AND THESE FOCUS ON CREATING JOBS, WHETHER INDUSTRIAL RESEARCH, MILITARY DISTRIBUTION CENTERS, OR HEADQUARTERS, YOU'RE NOT REQUIRED TO HAVE PUBLIC HEARINGS TO SPEND DOLLARS, NO PROCESS FOR VOTERS TO PETITION FOR ELECTION TO APPROVE PROJECTS.
AND THEY'RE REALLY CONTROLLED BY CHAPTER 5 0 2 IN CHAPTER 5 0 4 OF THE GOVERNMENT CODE.
NOW, TYPI EDCS HAVE THE SAME AUTHORITY AS TYPE A'S, BUT THEY ALSO HAVE ADDITIONAL, THEY CAN PROMOTE BUSINESS, OFFER OTHER TYPES OF INCENTIVES, RETAIL, COMMERCIAL SERVICE, RECREATIONAL.
THEY CAN EVEN DO PROGRAMS USING SALES TAX DOLLARS TO ASSIST WITH REGARDS TO EDUCATION.
YOU MAY HAVE HEARD OF THE CITY OF SAN ANTONIO IS PRE-K
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FOR ESSAY.THAT WAS A TYPE B CORPORATION THAT DID CREATE IT, THAT POOR PERCENTAGE OF SALES TAX.
HOWEVER, IT DOES REQUIRE PUBLIC HEARINGS PROCESS FOR APPROVAL TO SPEND DOLLARS ALLOWS VOTERS TO PETITION FOR ELECTION TO APPROVE PROJECTS.
AND IT'S CONTROLLED BY CHAPTER 5 0 2 AND 5 0 5 OF THE GOVERNMENT CODE.
AS I MENTIONED EARLIER, AN ECONOMIC DEVELOPMENT CORPORATION IS NOT A POLITICAL SUBDIVISION.
ITS BOARD OF DIRECTORS ARE NOT PUBLIC OFFICERS.
AS YOU KNOW, A COUNCIL MEMBER CAN ALSO NOT SERVE AS A TRUSTEE OF THAT SAME SCHOOL BOARD BECAUSE OF CONFLICT OF INTEREST AND INCOMPATIBLE GOALS BETWEEN THE TWO POSSIBLY EDC MEMBER COULD SERVE BECAUSE THEY'RE NOT CONSIDERED A PUBLIC OFFICER.
AND THEREFORE COULD, YOU COULD ACTUALLY APPOINT SOMEONE FROM THE SCHOOL BOARD TO SERVE ON THE EDC WOULD NOT BE A CONFLICT UNDER THE STATE CONSTITUTION.
AGAIN, THE EDC IS A SEPARATE ENTITY FORMED AND FILED WITH THE SECRETARY OF STATE, WITH BYLAWS AND A BOARD OF DIRECTORS TO OVERSEE THE NONPROFIT CORPORATION, THE CITY THROUGH ITS BYLAWS APPROVES PROJECTS, PHYSICALLY BECAUSE THE EDC IS USED IN CITY AND USE SALES AND USE TAX.
THANKS AGAIN, DEPENDING ON HOW MUCH CONTROL THE CITY WOULD LIKE TO HAVE OVER ITS EDC WILL TO BE DEPENDENT ON THOSE BYLAWS.
UM, THE CITY THROUGH ITS BYLAWS DETERMINES HOW MUCH OR HOW LITTLE CONTROL IT WILL HAVE OVER THE EDC.
I HAVE ONE CITY THAT I REPRESENT THAT HAS TOTAL CONTROL OVER AT CDC THAT EDC CANNOT SPEND MORE THAN $1,000 WITHOUT COUNCIL APPROVAL.
WHY HAVE AN EDC, IF IT'S GOING TO HAVE THAT MUCH CONTROL, NOW I HAVE ANOTHER EDC CITY THAT ADOPTS ITS ANNUAL BUDGET AND THEN LETS THEM GO.
AND AS LONG AS THEY STAY WITHIN THAT BUDGET, THE CITY HAS ABSOLUTELY NO SAY WITH ANYTHING ELSE TO MY PERSONAL BELIEF.
THOSE ARE TWO EXTREMES, I THINK BECAUSE THEY ARE USING SALES AND USE TAX DOLLARS THE CITY, BECAUSE WHO'S GOING TO GET BLAMED FOR THAT, HOW THEY USE THOSE DOLLARS CITY COUNCIL, THE ELECTED OFFICIALS THERE, YOUR CITY AND USE STATE SALES TAX DOLLARS.
SO I HONESTLY BELIEVE IT SHOULD BE SOMEWHERE CLOSER TO THE MIDDLE, NOT WHERE YOU'RE OVERSEEING EVERY SINGLE ITEM, BECAUSE THAT'S WHY YOU HAVE THAT BOARD.
BUT AT THE SAME TIME, NOT TOTAL INDEPENDENCE WHERE YOU HAVE NO IDEA HOW THEY'RE SPENDING THOSE DOLLARS.
AGAIN, THE EDC WORKS TO BENEFIT THE CITY AND ITS BEST WORKS.
WHEN THE INTEREST OF BOTH THE EDC AND THE CITY COUNCIL ARE ALIGNED.
BUT LET ME TELL YOU DISPUTES DO ARISE.
IT IS NOT UNCOMMON FOR DISPUTES TO ARISE.
ADC BOARD MEMBERSHIP, BOARD MEMBERS AND TERMS. THE NUMBER OF BOARD MEMBERS IN TERMS ARE GOVERNED BY STATUTE.
THE CITY COUNCIL APPOINTS THE BOARD MEMBERS TO THE EDC BOARD BY LAW CITY.
COUNCIL CAN REMOVE MEMBERS OF THE EDC BOARD WITH OR WITHOUT CAUSE DEPENDS ON WHAT YOU PUT IN YOUR BYLAWS.
ARTHUR HAS NO CAUSE YOU CAN REMOVE BOARD PORT ADC MEMBERS AT ANY TIME.
EDC BOARD OF DIRECTORS ARE AGAIN, NOT PUBLIC OFFICES.
PURPOSE OF COMMON LAW AND COMPATIBILITY AND DUAL SERVICE IS ALLOWED.
NOW STATE LAW ALSO REQUIRES TRAINING.
NOW I WILL BE VERY HONEST WITH YOU.
NOT EVERY EDC DOES THE FIRST PORTION OF THIS TRAINING TYPE.
A CORPORATIONS ARE REQUIRED TO HAVE AT LEAST ONCE EVERY TWO YEARS, THE FOLLOWING PERSONS ASSOCIATED WITH THE CORPORATION SHALL ATTEND A TRAINING SEMINAR.
AND I DON'T KNOW VALUE THIS, BUT IT SAYS THE MUNICIPAL ATTORNEY, ADMINISTRATOR OR CLERK OF THE CITY THAT AUTHORIZED THE CREATION OF THE CORPORATION MUST GET TRAINING ONCE EVERY TWO YEARS.
BUT VAL WAS NOT THE CITY ATTORNEY AT THE TIME, THE CORPORATION WAS CREATED THE LAWS GRAY AS TO WHETHER SHE HAS TO DO THE TRAINING OR NOT.
IF THE LAW SAYS THE ATTORNEY, WHEN IT WAS ESTABLISHED, I WILL BE VERY HONESTLY VERY FEW EDCS.
FOLLOW THAT A BECAUSE WHY IS THE MANAGER, THE CITY MANAGER OR CITY ADMINISTRATOR? WHY IS THE CITY CLERK? WHY IS THE CITY ATTORNEY GETTING THE TRAIN? IT, THE SECOND PORTION IS IT REQUIRES THE CORPORATION'S
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EXECUTIVE DIRECTOR OR OTHER PERSON RESPONSIBLE FOR THE CORPORATIONS DAILY ADMINISTRATION TO ALSO GET TRAINING.ONCE EVERY TWO YEARS THAT IS MUCH MORE COMMON AND OCCURRING.
AND THAT TRAINING IS OFFERED BY THE TEXAS ECONOMIC DEVELOPMENT CORPORATION.
WHAT I ALSO SEE IS THAT A LOT OF ECONOMIC DEVELOPMENT CORPORATION IN THEIR BYLAWS REQUIRE TRAINING FOR THEIR BOARD MEMBERS TO ALSO RECEIVE TRAINING, BUT IT'S NOT REQUIRED BY STATE LAW.
THESE TWO ARE WHAT IS REQUIRED BY STATE LAW CITY COUNCIL OVERSIGHT OF EDC.
AGAIN, IT DEPENDS ON WHAT'S IN YOUR BYLAWS CITY COUNCIL COULD APPROVE ADC PROGRAMS AND ANNUAL BUDGET APPROVAL CAN BE GENERAL OR VERY SPECIFIC, DEPENDS ON BYLAWS.
AND I GAVE YOU THOSE TWO EXAMPLES OF ONE CITY THAT CLEARLY REQUIRES APPROVAL OF ANY EXPENDITURE OF A THOUSAND WHILE ANOTHER ONE AND LETS THEM DO WHAT THEY WANT AS LONG AS THEY STAY WITHIN THE APPROVED ANNUAL BUDGET CITY COUNCIL, ANNUALLY REVIEWS AND APPROVES THE ANNUAL BUDGET, WHICH IS A MUST BOTH UNDER STATE LAW.
AND IN MOST BYLAWS THAT I'VE SEEN DOES REQUIRE THAT ANNUAL APPROVAL CITY COUNCIL IS ENTITLED ACCESS THE EDC BOOKS AND RECORDS AT ALL TIME.
BUT AGAIN, DEPENDS ON WHAT YOU HAVE IN YOUR BYLAWS.
WHAT I SEE AS THE MOST COMMON IS THAT AN EDC IS REQUIRED TO HAVE AN AUDIT AND THAT AUDIT IS PROVIDED TO THE CITY.
I'VE ALSO SEEN WHERE THE EDCS AUDIT IS MADE PART OF THE CITY'S AUDIT SO THAT THEY'RE BOTH PUBLIC RECORDS AND PUBLIC INFORMATION WITH REGARDS TO THAT REPORT AS TO THEIR FINANCIAL STATUS AND THE EXPENDITURE OF DOLLARS.
AS I MENTIONED EARLIER, THERE ARE CONFLICTS AND I'M GOING TO GIVE SOME EXAMPLES OF THE MOST COMMON CONFLICTS THAT I SEE CITY STAFF ALSO BEING EDC STAFF.
NOW MY UNDERSTANDING IS THAT IS NOT AN ISSUE HERE, BUT I HAVE SEEN WHERE CITY STAFF ARE PERFORMING FUNCTIONS FOR THE EDC.
THE QUESTION IS WHO PAYS THE EDC OR THE CITY.
I'VE ALSO SEEN WHERE EDC STAFF PAID BY EDC DOING CITY DUTIES.
THE BEST WAY TO APPROACH THIS IS TO HAVE AN AGREEMENT BETWEEN THE EDC AND THE CITY.
IF THEY'RE GOING TO BE DOING THINGS JOINTLY.
FOR EXAMPLE, EVEN IF YOUR CITY IS PROVIDING HR SERVICES, PAY SERVICES ON MAKING SURE THE EMPLOYEES ARE PAID, HAVING BENEFITS.
IF CITY STAFF IS DOING THAT FOR YOUR EDC, THERE SHOULD BE AN AGREEMENT BETWEEN THE EDC AND THE CITY TO PROVIDE THOSE SERVICES AND IT SHOULD BE APPROVED ANNUALLY.
SO THAT IT'S CLEAR WHAT SERVICES ARE BEING PROVIDED.
AND WHO'S PAYING FOR THOSE SERVICES.
IF A CITY IS PERFORMING SERVICES FOR AN EDC, THAT EDC SHOULD BE PAYING THE CITY FOR THOSE SERVICES BECAUSE WHY THE CITY IS PROHIBITED BY CONSTITUTION FOR GIVING GIFT OF ITS SERVICES, THEY MUST BE PAID FOR THEIR SERVICES.
SO THERE SHOULD BE AN AGREEMENT BETWEEN THE TWO COMPETING VIEWS OF PROPOSED PROJECTS.
AS I MENTIONED EARLIER, I HAVE SEEN WHERE A COUNCIL AND ADC ARE IN LINE WITH A PROJECT.
THE COUNCIL HAS CHANGED OR THE EDC HAS CHANGED AND THERE'S NO LONGER DUAL SUPPORT.
ONE IS SUPPORTING AND THE OTHER ONE IS NOT SUPPORTING.
AND AGAIN, IT COMES TO CASE BY CASE BASIS.
WHAT WAS THERE A CONTRACT SIGNED IF THE EDC SIGNED A CONTRACT BECAUSE THEY HAD COUNCIL SUPPORT AND THEY'VE NOW LOST COUNCIL SUPPORT ON THE SAME PROJECT.
WHAT HAPPENS TO THAT CONTRACT? I HAVE A CITY IN THE SAN ANTONIO AREA THAT HAD VERY SIMILAR PROJECT WHERE THEY SIGNED A PROJECT WITH A DEVELOPER FOR A ECONOMIC DEVELOPMENT PROJECT THAT WAS COMING INTO THEIR CITY.
IT WAS GOING TO CAUSE EXTREME TRAFFIC ISSUES.
WOULDN'T THERE WAS NO PLANNING FOR THE DEVELOPMENT OF THE ROADS, JUST THE PROJECT.
SO COUNCIL STARTED LOSING ITS, UM, ENTHUSIASM FOR THAT PROJECT AND WERE NO LONGER FINANCIALLY SUPPORTING IT AS WELL AS REQUIRED BY CONTRACT CITY WAS SUED.
THE EDC WAS SUED CITY LOST BECAUSE IT BREACHED THE CONTRACT.
SO WHILE THE COUNCIL MAY LOSE SUPPORT, YOU ALSO HAVE TO UNDERSTAND THAT IF THERE IS A CONTRACT THAT THE PREVIOUS COUNCIL APPROVED, YOU MUST STILL COMPLY WITH THAT CONTRACT, UNLESS YOU CAN SHOW THAT THE DEVELOPER BREACHED THAT CONTRACT.
AND THAT'S ALWAYS AN ISSUE THAT WHILE THERE MAY HAVE LOST SUPPORT, WHAT WAS COMMITTED TO IN WRITING BY THE PREVIOUS COUNCIL AND BY THAT PREVIOUS EDC
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OTHER ISSUES THAT I'VE SEEN OCCUR IS PROJECTS THAT ARE APPROVED BY THE EDC, BUT NEVER REVIEWED OR APPROVED BY THE COUNCIL.MUCH DEPENDS AGAIN ON YOUR BYLAWS.
AND WE'LL GO INTO A LITTLE BIT MORE DETAIL ABOUT WHAT YOUR BYLAWS STATE, BUT I HAVE SOME CITIES, AS I MENTIONED EARLIER, THE ONE THAT APPROVES THE ANNUAL BUDGET AND NEVER GETS INVOLVED, THEIR BYLAWS DO NOT REQUIRE THEM TO APPROVE THEIR PROJECTS.
AS LONG AS THEY STAY WITHIN BUDGET.
CAUTI, A CONTRACT SIGNED BY IDC THAT ARE NOT PRESENTED AND NOT APPROVED BY COUNCIL.
SOME CITIES HAVE BYLAWS THAT DO NOT REQUIRE COUNCIL APPROVAL OF THEIR CONTRACTS.
I HAD MENTIONED THE ONE THAT REQUIRES APPROVAL OF ANY EXPENDITURE OF ANY, I MEAN OF THAT SHORTER AMOUNT.
SO AGAIN MUCH DEPENDS ON WHAT YOU HAVE IN YOUR BYLAWS.
I'VE ALSO SEEN ISSUES BETWEEN THE CITY OF GREEN TO PROVIDE SOME INFRASTRUCTURE IMPROVEMENTS, TO HELP THE EDC ATTRACT BUSINESSES.
BUT WHEN THE COUNCIL LOSES OR THE EDC LOSES ITS ATTRACTION, WHAT HAPPENS TO THOSE INFRASTRUCTURE IMPROVEMENTS THAT WERE, WERE PLANNED? ANOTHER ISSUE THAT HAPPENS IS CONSIDERED DOLLARS TO BE USED TO SUPPORT AN EDC.
IN ADDITION TO SALES TAX REVENUE, A CITY CAN USE CITY FUNDS TO SUPPORT AN EDC, BUT YOU MUST HAVE A CONTRACT GRANTING THE USE OF PUBLIC FUNDS FOR THOSE ECONOMIC DEVELOPMENT PURPOSES.
AND WE CALL THOSE THE CHAPTER THREE 80 AGREEMENTS BECAUSE IT'S FOUND IN THE LAW UNDER CHAPTER THREE 80 OF THE LOCAL GOVERNMENT CODE.
THE LAW IS VERY CLEAR THAT THE FUNDS MUST BE USED FOR THE DIVERSIFICATION OF THE ECONOMY TO EITHER REDUCE UNEMPLOYMENT, UNEMPLOYMENT, OR UNDEREMPLOYMENT OR EXPANSION OF COMMERCIAL ACTIVITY.
IF PUBLIC FUNDS ARE GRANTED ANNUALLY TO YOUR EDC, YOU SHOULD HAVE A CONTRACT APPROVING THOSE ANNUALLY AND YOU SHOULD APPROVE THAT CONTRACT ANNUALLY BECAUSE THE AMOUNT YOU GIVE WILL CHANGE ANNUALLY DEPENDING ON YOUR BUDGET.
I HAVE ONE CITY WHERE THEY HAVE SOME CITY EMPLOYEES THAT PERFORM ADC STAFF WORK AND SOME ADC STAFF WORK THAT PERFORMS SOME CITY FUNCTIONS.
SO THAT AGREEMENT BASICALLY STATES THAT IT'S A WASH THAT FOR THE SERVICES BEING PERFORMED BY ADC EMPLOYEES AND THAT SERVICE WILL BE PERFORMED BY THE CITY.
NEITHER SIDE HAS TO PAY THE OTHER BECAUSE IT BALANCES OUT BETWEEN THE TWO.
OKAY, BUT I HAVE ONE CITY WHERE THE CITY SECRETARY FINANCE DIRECTOR, HR PERFORM A LOT OF SERVICES FOR THEIR EDC.
THE EDC WOULD HAVE TO PAY SOMEONE TO DO THAT IF THEY DID NOT HAVE THE CITY TO PROVIDE THOSE SERVICES.
SO THEIR AGREEMENT ON AN ANNUAL BASIS PAYS THE CITY FOR THOSE SERVICES.
BECAUSE AGAIN, CONSTITUTIONALLY, THE TEXAS CAN THAT THE CITY COULD NOT PROVIDE THOSE SERVICES AT NO COST.
CAN THE CITY ISSUE BONDS IN SUPPORT OF AN EDC PROJECT? THE ANSWER IS YES.
IF IT'S SALES AND USE TAX DOLLARS, BUT A CONTRACT AGAIN NEEDS TO BE CREATED BETWEEN THE EDC AND THE CITY THAT THE EDC WOULD BE RESPONSIBLE TOWARDS THAT PROJECT DEBT, YOUR FINANCIAL ADVISORS, YOUR BOND COUNCIL ARE GOING TO REQUIRE THESE DOCUMENTS.
IF IT'S ADC REVENUE THAT'S BEING USED, BUT THE CITY'S ISSUING THE BONDS BECAUSE UNDER YOUR BYLAWS, CITI MUST APPROVE ISSUING OF THESE BONDS.
YOU'RE GOING TO WANT AN IRON CLAD AGREEMENT THAT BASICALLY STATES IT'S THEIR REVENUE THAT ARE GOING TO BE PAYING THESE BONDS.
THE CONTRACT WOULD NEED TO DEFINE THE RESPONSIBILITIES OF THE PARTIES.
FINANCE COSTS INCLUDE TIMELINE FOR DEBT, SERVICE PAYMENTS, AND IDENTIFY WHERE EDC FUNDS ARE COMING FROM AND HOW TO BE USED TO PAY THE DEBT.
NOW, ONE QUESTIONS I ASKED A LOT OF TIMES CAN CITY PROPERTY TAX REVENUES BE USED TO PAY BACKUP EDC PROJECT BOND PAYMENTS.
AND THE ANSWER IS NO ONLY THE PROCEEDS OF SALES AND USE TAX IMPOSE CAN BE USED TO FUND ADC PROJECTS PAID FOR BY BONDS.
YOU MAY NOT USE PROPERTY TAX REVENUES
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TO SUPPORT BONDS, TO SUPPORT YOUR EDC.NOW, A QUESTION IS ASKED, WHAT COULD WE DO PROPERTY TAX BONDS TO BUILD ROADS AND INFRASTRUCTURE THAT WILL EVENTUALLY BENEFIT THE EDC? THE ANSWER IS YES, BECAUSE THOSE ARE CITY IMPROVEMENTS AND YOU'RE USING PROPERTY TAX REVENUES FOR CITY INFRASTRUCTURE IMPROVEMENTS.
THEY MAY EVENTUALLY ASSIST YOUR EDC BECAUSE THEY HAVE LAND OUT THERE AND THAT INFRASTRUCTURE IS GOING TO MAKE THAT LAND MORE MARKETABLE, BUT YOU'RE NOT USING PROPERTY TAX DOLLARS TO BENEFIT THE EDC.
YOU'RE USING IT FOR THE PUBLIC INFRASTRUCTURE THAT HAS THE COLLATERAL, UH, UH, ADVANTAGE OF ALSO IMPROVING THAT EDC PROPERTY.
AGAIN, THE PROCEEDS OF SALES AND USE TAX MAY BE USED TO PAY THE COST OF PROJECTS AND PAY THE PRINCIPAL INTEREST AND OTHER COSTS RELATED TO BONDS FOR OTHER OBLIGATIONS ISSUED BY TYPE B OR TYPE A CORPORATION.
SO LET'S TALK SPECIFICALLY ABOUT, YES, EXCUSE ME.
NUMBER TWO THERE NOW IT'S PRINTED AND SAY IT'S TYPE B.
SO LET'S SPECIFICALLY TALK ABOUT THE PORT ARTHUR EDC BYLAWS.
YOUR MISSION STATEMENT MAKES IT VERY CLEAR THAT THE EDC IS TO WORK AND ACT ON BEHALF OF THE CITY FOR ITS ECONOMIC DEVELOPMENT PURPOSES TO EXPAND NEW, DEVELOP NEW, EXISTING AND EXPANDED BUSINESS.
SO I HAVE SEEN MANY BYLAWS THAT HAVE A SIMILAR MISSION STATEMENT, BUT THEN DON'T HAVE LANGUAGE IN THEIR BYLAWS THAT GIVE THE COUNCIL ANY ABILITY TO AUTHORIZE OR CONTROL YOUR BYLAWS.
IN MY OPINION, MAKE IT VERY CLEAR THAT IT IS THIS CITY COUNCIL THAT HAS ULTIMATE AUTHORITY OVER YOUR EDC AND THE PROJECTS IN THEIR CONTRACT X, THE PURPOSE OF THE BYLAWS MAKE IT CLEAR THAT THE PURPOSE OF AIDING ASSISTING IN ACTING ON BEHALF OF THE CITY OF PORT ARTHUR, AGAIN, TO PROMOTE, ASSIST AND ENHANCE ECONOMIC DEVELOPMENT, TO ORGANIZE, TO ESTABLISH ACQUIRE LEAST AS LESSEE OR LESSER PURCHASE CONSTRUCT IMPROVE AND LARGE EQUIP REPAIR OPERATOR MAINTAIN AND ALL IMPROVEMENTS NECESSARY DESIRABLE TO THE PROMOTION DEVELOPMENT AND MAINTENANCE OF ECONOMIC DEVELOPMENT PROJECTS.
IN MY OPINION, THE OR BYLAWS MAKE IT CLEAR THAT THE EDC CANNOT DO IT ALONE.
SO ARTICLE SIX, TO THE EXTENT THAT THE BYLAWS STATE PROVABLE BY THE CITY'S REQUIRED THAT APPROVAL BY THE CITY HAS TO BE DONE BY RESOLUTION ORDER OR ORDINANCE OR EMOTION DULY ADOPTED BY THE CITY COUNCIL.
A LETTER FROM THE CITY MANAGER, APPROVING A PROJECT FOR THE EDC IS NOT SUFFICIENT.
IT REQUIRES COUNCIL ACTION TO APPROVE ANYTHING WHERE YOUR BYLAWS SAYS MUST BE APPROVED BY THE CITY REQUIRES COUNCIL ACTION, NOT CITY STAFF ACTION, ARTICLE SEVEN WITH BOARD OF DIRECTORS.
AGAIN, IT'S CLEAR THAT THE BOARD WILL CONSIST OF SEVEN MEMBERS.
YOUR BYLAWS MAKE IT CLEAR THAT THEY MUST LIVE IN THE CITY AND SHE'LL HAVE RESIDE IN THE CITY FOR AT LEAST ONE YEAR PRIOR TO THE APPOINTMENT MUST BE A QUALIFIED VOTER AT LEAST 18 YEARS OF AGE AND SHALL NOT BE A MEMBER ON ANY BOARD OR COMMITTEE OF THE CITY.
I ACTUALLY HAVE SOME CITIES THAT THEY'VE GONE BACK AND FORTH, BUT RIGHT NOW THE MOST RECENT IS THEY REQUIRE TWO COUNCIL MEMBERS TO ALSO SERVE ON THE EDC.
THAT'S HOW THEY TRY TO KEEP CONTROL OF THEIR EDC.
AND DEPENDING ON THE RELATIONSHIP, THEY'LL REMOVE THAT REQUIREMENT OF TWO BOARD MEMBERS, COUNCIL MEMBERS, OR THEY'LL PUT IT RIGHT BACK IN.
IT JUST GOES BACK AND FORTH DEPENDING ON WHO'S THE ELECTED OFFICIALS AT THE TIME.
HEY FRANK, BEFORE YOU GO ON, UH, SO YOU'RE SAYING THIS PARTICULAR BULLET ITEM, SO IT'S APPOINTMENT BY THE COUNSEL OF THAT PERSON.
THAT'S ON THE EDC, THAT CAN'T BE A MEMBER OF ANY COMMITTEE.
THAT'S WHAT YOUR BYLAWS REQUIRE.
NOW YOUR DIRECTOR SHALL BE APPOINTED BY THE RESPECTIVE COUNCIL MEMBER.
WHO'S POSITIONED CORRESPONDS TO THE, TO THE BOARD POSITION.
SO EACH COUNCIL MEMBER HAS AN APPOINTEE, BUT IT STILL MUST BE APPROVED BY THE FULL COUNCIL.
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UM, MAY NOT, AGAIN, MAY NOT BE A CITY EMPLOYEE OR CITY OFFICIAL.IF THE BOARD MEMBER OF THE EDC BECOMES A CANDIDATE FOR ELECTIVE OFFICE, THEIR RESIGNATION IS EFFECTIVE IMMEDIATELY.
EACH TERM IS FOR THREE YEARS OR FOR REMAINDER OF UNEXPIRED TERM.
AND VERY CLEARLY YOUR BYLAWS MAY BE REMOVED AT ANY TIME BY THE CITY COUNCIL.
I DO HAVE SOME BOARDS AND COMMISSIONS THAT REQUIRE FOR CAUSE THAT IS A VERY DIFFICULT STANDARD AT TIMES TO MEET, TO REMOVE SOMEONE FOR, CAUSE IT ALSO REQUIRES HEARINGS FOR REMOVAL AND SO FORTH.
W IF YOU WERE TO ASK ME, WHICH IS THE BEST FOR CONVENIENCE, WHY? BECAUSE IF A COUNCIL MEMBER CHANGES BEFORE THAT PERSON'S TERM'S EXPIRED AND THEY WOULD LIKE TO HAVE THEIR OWN REPRESENTATIVE ON THAT EDC, THEN IT'S SIMPLY A RE YOU CAN REMOVE THEM FOR CONVENIENCE AND POINT YOUR OWN INDIVIDUAL TO THE EDC UNDER SECTION 8 0 1 OF THE BYLAWS, THE BOARD IS REQUIRED TO DEVELOP AN OVERALL ECONOMIC DEVELOPMENT PLAN FOR THE CITY, WHICH WILL INCLUDE AND SET FORTH SHORT-TERM GOALS, WHICH THE BOARD DEEMS NECESSARY TO ACCOMPLISH WITH ITS OVERALL ECONOMIC DEVELOPMENT PLAN.
SUCH PLAN SHALL BE APPROVED BY THE CITY COUNCIL.
THE PLAN HAS TO INCLUDE AN ECONOMIC DEVELOPMENT STRATEGY, ACCOUNTABILITY TO THE CITIZENS AND TO THE CITY COUNCIL OF ALL TAX MONIES, EXPENDED THE ANNUAL WORK PLAN, OUTLINING ACTIVITIES, TASK, PROJECT, AND PROGRAMS FOR THE BOARD DURING THE UPCOMING FISCAL YEAR, SUCH ANNUAL PLAN MUST AGAIN BE APPROVED BY THE COUNCIL.
ALSO UNDER THIS SECTION, THE BOARD HIRES THE DIRECTOR WITH THE APPROVAL OF THE CITY COUNCIL.
THEY COULD NOT HIRE AN EXECUTIVE DIRECTOR.
THAT PERSON WAS NOT BROUGHT FOR COUNCIL APPROVAL.
THE EDC BOARD CAN REMOVE THE, THE DIRECTOR EXECUTIVE DIRECTOR THAT DOES NOT REQUIRE COUNCIL APPROVAL.
YOUR BYLAWS DO NOT REQUIRE COUNCIL APPROVAL FOR THE REMOVAL OF THE EXECUTIVE DIRECTOR, JUST THE HIRING OF THE EXECUTIVE DIRECTOR, SECTION 8 0 5.
AGAIN, YOUR EDC IS REQUIRED TO MAKE REPORTS TO THE CITY COUNCIL.
AGAIN, A DETAILED ANNUAL REPORT TO THE COUNCIL.
THE ANNUAL REPORT SHOULD INCLUDE ALL EXPENDITURES, ALL ACCOMPLISHMENTS, POLICIES AND STRATEGIES FOLLOWED BY THE EDC.
THEY REQUIRED TO REPORT ALL ACTIVITIES OF THE BOARD RELATED TO ECONOMIC DEVELOPMENT.
AND THE ANNUAL REPORT SHALL BE MADE AT THE COUNCIL BEFORE DECEMBER 31ST OF EACH YEAR.
THEY'RE ALSO REQUIRED TO HAVE A SEMI-ANNUAL REPORT.
AGAIN, THEY'RE REQUIRED TO REPORT ACCOMPLISHMENTS TO DATE ANTICIPATED SHORT-TERM CHALLENGES WITH RECOMMENDATIONS TO MEET THOSE SHORT-TERM CHALLENGES, ANY LONG-TERM ISSUES, RECAP OF ALL BUDGETED EXPENDITURES TO DATE AND A RECAP OF BUDGETED FUNDS LEFT UNEXPENDED.
THEY'RE ALSO REQUIRED TO PROVIDE MONTHLY ACTIVITY REPORTS OF ALL MEETINGS OF THE BOARD AND COMMITTEES CREATED BY THE BOARD.
THIS IS QUITE A BIT OF REPORTING THAT YOUR EDC IS REQUIRED TO DO TO THE CITY COUNCIL.
I HAVE SEEN THIS TYPE OF REPORTING WITH OTHER BYLAWS.
IT IS VERY RARE THAT IT NEEDS DC IS ABLE TO MEET ALL THE REPORTING REQUIREMENTS THAT ARE IN THE BYLAWS, BUT THEY ARE REQUIRED.
THAT'S WHY THEY HAVE A STAFF TO PROVIDE SUCH REPORTS TO THE CITY COUNCIL.
AS YOUR BYLAWS REQUIRE, TURN YOUR MIC ON, PLEASE.
WHY DID YOU SAY THAT IT IS DIFFICULT FOR THEM TO, TO DO, BUT IT IS REQUIRED A LOT.
WHAT MAKES IT DIFFICULT? A LOT OF THE EDCS THAT I HAVE DO NOT HAVE SUFFICIENT STAFF TO DO ALL THE REPORTING I'VE SEEN ANNUAL AND SEMI-ANNUAL AND EVEN QUARTERLY.
THE MONTHLY REPORTS IS WHERE I'VE SEEN WHEN THEY, THEY HAVE LIMITED STAFF TO BE ABLE TO PROVIDE THOSE MONTHLY REPORTS MORE COMMON ARE QUARTERLY REPORTS AND MORE COMMON ARE THE SEMI-ANNUAL AND ANNUAL REPORTS.
IT IS SOMETIMES DIFFICULT DEPENDING ON THE AMOUNT OF STAFF THAT NDC HAVE, WHERE I'VE SEEN.
THE PROBLEM IS YOU'RE SMALLER CITIES, WHETHER YOU'RE SMALLER EDCS AND THEY'RE USING CITY STAFF AND EDC STAFF INTERTWINED THAT IT'S DIFFICULT FOR THEM TO MEET THE MONTHLY REPORTING REQUIREMENT, YOUR LARGER CITIES WITH AN INDEPENDENT ECC, WITH THEIR OWN STAFF.
IT'S MUCH EASIER FOR THEM TO MEET THOSE TYPE OF REPORTING.
BUT I'VE ALSO SEEN WHEN ADMINISTRATIONS CHANGE, WHETHER IT'S THE EDC
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AT THE CITY WHERE PEOPLE FORGET SOME OF THE REPORTING REQUIREMENTS AND THEY HAVE TO BE REMINDED OF WHAT'S INCLUDED IN THEIR BYLAWS.ARTICLE EIGHT 19, IT STATES VERY CLEARLY.
THE COUNCIL SHALL PRI PROVIDE OVERSIGHT TO ALL BOARD ACTIVITIES IN ACCORDANCE WITH STATE LAW, THE COUNCIL SHALL REQUIRE THAT THE EDC BE RESPONSIBLE TO IT FOR THE PROPER DISCHARGE OF ITS DUTIES.
WHY? AGAIN, BECAUSE THEY'RE USING SALES AND USE TAX DOLLARS, ALL POLICIES FOR PROGRAM ADMINISTRATION SHALL BE SUBMITTED TO COUNCIL APPROVAL, ALL POLICIES.
AND IT SAYS ALL PROJECTS PROPOSED TO THE BOARD BY THE BOARD SHALL BE SUBMITTED ALSO TO THE COUNCIL FOR REVIEW AND APPROVAL.
THE BOARD SHALL DETERMINE ITS POLICIES OF DIRECTION WITHIN THE LIMITATIONS OF THE DUTIES IMPOSED BY APPLICABLE LAWS.
THE ARTICLES OF INCORPORATION, THESE BYLAWS CONTRACTS ENTERED WITH THE CITY AND BUDGET AND FIDUCIARY RESPONSIBILITY.
ONE OF THE WAYS THAT CITY'S ABLE TO KNOW WHAT'S GOING ON WITH THEIR ADC IS BY HAVING EX-OFFICIAL MEMBERS IN YOUR CASE 10 0 9, THAT REQUIRES THE MANAGER OR HIS DESIGNEE AND THE MAYOR OR HIS DESIGNEE TO ATTEND ALL MEETINGS OF THE PEDC, INCLUDING EXECUTIVE PRIVATE OR PUBLIC MEETINGS.
I HAVE SEEN WHERE ADC HAS TRIED TO KEEP THE MAYOR OR THE MANAGER OUT OF THE EXECUTIVE SESSIONS.
NOW YOUR BYLAWS MAKE IT VERY CLEAR THAT WHILE THEY'RE EX-OFFICIO MEMBERS, THEY ALSO HAVE A RIGHT TO ATTEND THE CLOSED AND OPEN SESSIONS OF THE EDC BOARD BOARD MEETINGS.
THEY DON'T HAVE THE POWER TO VOTE.
AND THEY DON'T COUNT TOWARD A QUORUM, BUT THEY ARE ABLE TO ATTEND ALL PARTS OF THE MEETING.
AGAIN, THEIR ATTENDANCE, YOUR BYLAWS STATE ARE FOR THE PURPOSE OF ENSURING THAT ALL INFORMATION ABOUT THE MEETINGS ARE ACCURATELY COMMUNICATED TO THE COUNCIL AND TO SATISFY THE COUNCIL'S OBLIGATION, TO CONTROL THE POWERS OF THE EDC BUDGET.
UH, UNDER ARTICLE 11.03, A BUDGET FOR THE NEXT FISCAL YEAR SHALL BE SUBMITTED TO AND APPROVED BY THE EDC BOARD AND THE CITY COUNCIL.
THE EDC IS REQUIRED TO PROVIDE THE CITY MANAGER A COPY OF THE BUDGET SO THAT THE MANAGER CAN PROVIDE THE BUDGET AS PART OF ITS ANNUAL BUDGET TO THE CITY COUNCIL.
SO THE EDC IS REQUIRED TO MEET THE CITY'S BUDGET SCHEDULE IN ORDER TO BE ABLE TO, FOR THE MANAGER, TO PROVIDE YOU THE COUNCIL, A DRAFT OF THEIR BUDGET.
AGAIN, THE BUDGET IS INCLUDED IN THE ANNUAL BUDGET, AN ANNUAL BUDGET PRESENTATION TO THE CITY COUNCIL.
THE PRESIDENT SECRETARY OF THE EDC SHALL EXECUTE CONTRACTS WITH THE BOARD, HAS APPROVED AND AUTHORIZED TO BE EXECUTED.
THE BOARD MAY APPROPRIATE, UH, BY APPROPRIATE RESOLUTION AUTHORIZED ANY OTHER OFFICER OF THE EDC TO ENTER INTO CONTRACTS.
BUT AGAIN, ALL CONTRACTS UNDER 11.04 MAY WILL BE SUBJECT TO APPROVAL BY THE CON BY THE CITY COUNCIL.
NOW, SOME CONTRACTS, I MEAN, DEPENDING ON IF THEY'RE USING IT FOR A PRINTER, THEY ENTER INTO A CONTRACT FOR A PRINTER AT THE EDC.
LITERALLY THAT CONTRACT WOULD HAVE TO COME TO CITY COUNCIL FOR APPROVAL.
IT SAYS ALL CONTRACTS PERSONALLY, I WOULD PREFER TO SEE ANY ADMINISTRATION CONTRACTS FOR LIKE THAT PRINTERS SUPPLIES BE INCLUDED IN THE BUDGET AND APPROVED BY THE BUDGET.
AND THAT WAY THEY DON'T HAVE TO COME TO CITY COUNCIL FOR APPROVAL.
BUT IF THEY'RE APPROVING, IF THEY'RE APPROVING ANY INDEPENDENT CONTRACT, THE EDC BOARD UNDER YOUR BYLAWS, THEY MUST BE BROUGHT TO THE CITY FOR APPROVAL.
I DEFINITELY WOULD PUT THOSE ON THE CONSENT AGENDA AGAIN, WITH REGARDS TO BONDS, ANY BONDS ISSUED BY DC SHALL BE IN ACCORDANCE WITH THE STATUTE, GOVERNING THE DC.
AND AGAIN, THEY MUST BE APPROVED BY THE CITY COUNCIL APPROPRIATIONS IN GRANTS.
THE EDC SHALL HAVE THE POWER TO REQUEST AND ACCEPT SUBJECT TO THE APPROVAL OF THE CITY COUNCIL, ANY APPROPRIATION GRANT, CONTRIBUTION DONATION, OR OTHER FORM OF AID FROM THE FEDERAL GOVERNMENT, THE STATE, ANY POLITICAL SUBDIVISION OR
[00:40:01]
MUNICIPALITY OR ANY OTHER SOURCE.SO IF THE, IF THE EDC IS RECEIVING SOME COVID RELIEF FUNDS, AND IT'S SPECIFICALLY JUST TO THE EDC FOR ECONOMIC DEVELOPMENT PURPOSES, THEY CAN'T NOT ACCEPT THOSE UNLESS APPROVED BY THE CITY COUNCIL SECTION 1113 MAKES IT VERY CLEAR IF IT'S A CDBG GRANT OR ANY TYPE OF FUNDS THAT THEY'RE GOING TO RECEIVE THOSE GRANTS, THOSE APPROPRIATIONS MUST COME TO THE CITY COUNCIL FOR APPROVAL.
UNDER ARTICLE 13.03, THE EDC MAY EMPLOY A DIRECTOR OF ECONOMIC DEVELOPMENT.
AGAIN, SUBJECT TO THE APPROVAL OF THE COUNCIL.
THE DIRECTOR OF THE EDC SHALL SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE EDC AND SHALL BE CHARGED WITH THE RESPONSIBILITY OF CARRYING OUT.
THE EDC PROGRAM IS ADOPTED AND PLAN BY, BY THE BOARD.
THE DIRECTOR EMPLOYS ALL PERSONNEL DDC AND OVERSEES ALL ADMINISTRATION FUNCTIONS, EDC, THE DIRECTOR AND THE EDC EMPLOYEES ARE NOT CITY EMPLOYEES.
NOW YOU MAY HAVE A CONTRACT THAT THEIR BENEFITS PACKAGE IS, WILL BE AS SIMILAR TO THE CITIES AND THAT THE HR WILL ADMINISTER THEIR BENEFITS PACKAGE THAT DOES NOT MAKE THEM CITY EMPLOYEES.
THEY ARE ATC EMPLOYEES UNDER THE BYLAWS, RIGHT? SO IF THEY ARE EDC EMPLOYEES AND THEY ARE USING UTILIZING, UH, UH, HR DEPARTMENT.
SO WHEN WE TALK ABOUT DISCIPLINARY ACTIONS, WHO DO THEY GO THROUGH TO, TO RECTIFY THAT SITUATION? I NEED A CLEAR ANSWER ON THAT ONE.
THE WAY THE BYLAWS ARE WRITTEN.
AND I KNOW VAL HAS TOLD ME THAT, UM, SHE'S ASKED MY OFFICE TO PREPARE AN HR POLICY FOR THE EDC, BECAUSE CURRENTLY RIGHT NOW, THE WAY THE BYLAWS ARE WRITTEN, IT IS THE EDC DIRECTOR.
HE'S BASICALLY LIKE THEIR CITY MANAGER AND ALL THOSE EDC EMPLOYEES REPORT TO THE EDC DIRECTOR.
IF, AND THESE ARE ISSUES THAT HAPPEN AT A LOT OF THE EDCS WITH 10 TO 12 EMPLOYEES, WHAT HAPPENS IF THEY HAVE AN ISSUE WITH THE EDC DIRECTOR? OKAY.
CURRENTLY WHAT I WOULD RECOMMEND IS THAT THEY BE ALLOWED TO GO TO THE CHAIR OF THE BOARD BECAUSE THE BOARD OVERSEES THAT EDC DIRECTOR.
AND IF THEY'RE HAVING ISSUES WITH THAT EDC DIRECTOR, THEN IT SHOULD BE THE CHAIR OF THE BOARD AND THE CHAIR WOULD THEN REPORT IT TO THE FULL BOARD, ANY ISSUES THAT COME FORWARD, BUT THE WAY YOUR BYLAWS ARE CURRENTLY WRITTEN, THEY MAKE IT VERY CLEAR THAT THE EDC EMPLOYEES ARE NOT CITY EMPLOYEES.
AND UNDER YOUR CITY CHARTER, YOUR CITY MANAGER AND THE AIDE WOULD NOT HAVE ANY ABILITY TO OVERSEE THOSE EMPLOYEES.
SO I SEEN MOST CITIES THAT HAVE EDCS OF THIS SIZE, WHERE THEY ARE TRULY INDEPENDENT, THE CONTRACT BETWEEN THE CITY AND THE EDC TO PROVIDE THEM THE PAYROLL SERVICES, THE HR SERVICES, THE BENEFITS, THAT'S WHY THE EDC PAYS FOR THE CITY FOR THOSE SERVICES.
TLRS MY UNDERSTANDING ALLOWS FOR SOME OF THOSE EMPLOYEES TO BE PART OF THE TEAM AS PACKAGE.
BUT AGAIN, THAT'S STRICTLY BY AGREEMENT BETWEEN THE EDC AND THE CITY TO ALLOW THAT TO OCCUR.
IF THE, UH, IF THERE'S A GRIEVANCE FILED IT YESTERDAY, YOU'RE NOT GOING TO SEE THE CITY THAT GRIEVANCE WILL BE FILED WITH, IN MY OPINION, BECAUSE THEY'RE NOT CITY EMPLOYEES, THEY SHOULD BE FILED WITH THE CHAIR SO THAT THE CHAIR COULD WORK WITH THE BOARD AND THEIR OUTSIDE COUNSEL TO HANDLE ANY GRIEVANCE.
BUT, BUT THAT CHAIR IS NOT LEAKING, CORRECT? THAT IS CORRECT.
THE CHAIR WOULD NOT HAVE THE ABILITY TO MAKE A DECISION ALONE WITHOUT THE BOARD AGREEING TO WHAT THAT DECISION SHOULD BE.
HI, CAN I ASK A QUESTION? SO, BUT UNDER OUR CURRENT BYLAWS, IF IT'S SILENT ON THAT, THAT'S CORRECT.
AND THAT'S WHY WE NEED THAT HR POLICY, CORRECT? BECAUSE CURRENTLY IT'S SILENT, YOUR BYLAWS DO NOT STAY.
AND, AND I'LL BE HONEST WITH YOU.
MOST BYLAWS DO NOT ADDRESS WHAT HAPPENS IF THERE'S A PLIGHT AGAINST IT JUST IDENTIFIES THAT THE EDC DIRECTOR IS RESPONSIBLE FOR THOSE EMPLOYEES.
THAT'S WHERE AN HR POLICY FOR THAT EDC COMES INTO PLAY.
BUT HE'S GOING OUT WITH CURRENT.
I DON'T UNDERSTAND THAT'S YOUR RECOMMENDATION ABOUT UNKNOWN CURRENT FALL? HOW
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WOULD A SITUATION THAT BASED ON WHAT OCCURRED IN READING YOUR BYLAWS? THE WAY I WOULD HANDLE IT, BECAUSE THE BYLAWS ARE CLEAR THAT THESE EMPLOYEES ARE NOT CITY EMPLOYEES AND THEY ALL WORK FOR THE CDC DIRECTOR BECAUSE THE EDC DIRECTOR WORKS FOR THE BOARD.THEN IT'S THE BOARD'S RESPONSIBILITY RIGHT NOW, THE WAY YOUR BYLAWS ARE WRITTEN TO WORK WITH THEIR OUTSIDE COUNSEL TO HANDLE ANY COMPLAINTS OR GRIEVANCES, BUT IT WOULD HAVE TO BE THE BOARD WITH THEIR OUTSIDE COUNSEL BECAUSE IT, RIGHT NOW, ALL YOU HAVE IS YOUR BYLAWS THAT STATE, THAT THE EMPLOYEES REPORT TO THE EDC DIRECTOR.
IT DOESN'T HAVE THE HR POLICY AS TO WHAT HAPPENS.
AND IT CLEARLY MAKES IT MAKES IT CLEAR THAT THEY'RE NOT CITY EMPLOYEES.
SO THEREFORE I WOULD ARGUE THAT THE CITY'S PERSONNEL POLICY DOES NOT APPLY.
SO THE LOGIC AS OUTSIDE COUNSEL IN DEALING WITH THESE ISSUES, IT'S AN ISSUE FOR THE BOARD TO HANDLE.
IF IT'S A COMPLAINT THAT'S BEEN FILED AGAINST THE DIRECTOR, IT'S AN ISSUE FOR THE BOARD TO HANDLE IN CONJUNCTION WITH THEIR, WITH THEIR ATTORNEY.
ALL OF MY, ALL OF MY RECORDS IS KEPT WITH THE CITY AND WE WENT VIA A FILE WITH CHARITY AT THE TIME.
AND, UH, WE WOULD HAVE THE FILE OPEN TO GET PAULINE'S RECORDS.
WE HAVE, WE HAD A SITUATION THAT WE WILL WORKING WITH, BUT WE COULD EVEN GET THE RECORDS TO REVIEW ANY OF THE EMPLOYEE RECORDS, KEEP IT, ALL THE APPLICATIONS, ALL THE COMPLAINTS, ALL THE GRIEVANCES.
AND WE CAN'T GET OUR HANDS ON IT TO REVIEW IT, TO MAKE A DECISION BECAUSE WE DIDN'T GET ANY, NOT ONE PIECE OF PAPER.
AND THAT'S WHY IT'S IMPORTANT IN MY OPINION, THAT YOU HAVE AN AGREEMENT BETWEEN THE EDC AND THE CITY AS TO WHAT'S BEING PROVIDED.
IF THE CITY'S PROVIDING HR SERVICES TO THAT EDC, THAT AGREEMENT SHOULD SAY THAT THE EDC HAS ACCESS TO THOSE DOCUMENTS.
IF YOU DON'T HAVE SUCH AN AGREEMENT, THEN I WOULD PROBABLY AGREE THAT YOU NEED TO PUT IT IN WRITING OF WHAT YOU NEED IN ORDER FOR THE CITY TO OFFICIALLY GIVE YOU THE DOCUMENTS.
UM, BUT THAT'S WHERE AN AGREEMENT COMES STRONGLY INTO PLAY BETWEEN AN EDC AND CITY TO OUTLINE SPECIFICALLY, WHAT'S GOING TO BE PROVIDED.
I, I, VAL RECENTLY A DRAFT AGREEMENT, WHAT NEEDS TO BE, UM, PUT INTO PLACE ARE THE SPECIFICS.
WHAT SPECIFICALLY DOES, WILL THE CITY PROVIDE EDC? HOW MUCH WILL THE EDC PAY THE CITY AND WHAT GOALS AND RESPONSIBILITIES FOR BOTH SIDES? BECAUSE I DO KNOW THAT I DO HAVE OTHER EDCS THAT RELY ON THE CITY TO MAINTAIN THEIR RECORDS, TO DO ALL THEIR HEALTH BENEFITS, TO DO ALL THEIR PAYROLL ISSUES AND SO FORTH.
BUT IT'S ALSO CLEAR THAT THOSE RECORDS WHILE THEY ARE MAINTAINED AND CONTROLLED BY THE CITY, THE EDC ALSO HAS ACCESS TO THOSE RECORDS WHEN REQUIRED TO DO THEIR SERVICES.
ONE OF THE THINGS THAT THE RULES DO ALSO STATE UNDER 1303, THE DIRECTOR DEVELOPS POLICIES AND PROCEDURES FOR THE CORPORATION, INCLUDING FINANCIAL ACCOUNTING, PURCHASING POLICIES.
AND THOSE TWO MUST BE APPROVED BY THE BOARD AND CITY COUNCIL.
I WOULD PROBABLY ARGUE THIS, THAT WHATEVER HR POLICY, THE EDC BOARD APPROVES FOR ITS EMPLOYEES, BECAUSE IT INCLUDES ISSUES DEALING WITH FINANCIAL ACCOUNTING THAT, THAT HR POLICY WILL EVENTUALLY INDEED COME TO THE CITY COUNCIL ALSO FOR APPROVAL.
THE DIRECTOR SHALL DEVELOP POLICIES, UM, WHERE THERE'S, ESPECIALLY WITH THE PURCHASING PART OF IT, PURCHASING AND PROCUREMENT NORMALLY COMES TO MY DESK THAT SOMETIMES THERE IS A DECENT ENGAGEMENT OR A DIFFERENCE IN OPINION, UM, OR INTERPRETATION, AS FAR AS THOSE ARE CONCERNED WHO DO PROVIDE SOME SORT OF CLARIFICATION FOR US.
WHEN I LOOK AT THE BYLAWS THAT ARE 1303, IT, IN MY OPINION MAKES IT VERY CLEAR THAT ANY POLICIES DEALING WITH PURCHASING PROCUREMENT, THOSE DEAL WITH FINANCIAL, THOSE DEAL WITH THE COUNTY WOULD REQUIRE CITY COUNCIL APPROVAL, NOT JUST EDC BOARD APPROVAL, BUT THEY WOULD REQUIRE
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CITY COUNCIL APPROVAL AS WELL.DOES THAT ALSO MEAN THAT THE EDC HAS TO FOLLOW THE CITY'S PROCUREMENT POLICY? NO, SIR.
THE COUNCIL APPROVES FOR THE EDC, I, MOST OF MY EDCS REQUIRE A SIMILAR PROCUREMENT PLAN.
UM, BUT WHILE YOU'RE ALSO USING SALES TAX DOLLARS, YOU ARE REQUIRED TO STILL FOLLOW SOME STATE PROVISIONS BECAUSE THEY'RE STILL TAX DOLLARS.
SO IT'S ALWAYS SAFER TO UTILIZE THE CITY'S PROCUREMENT POLICY BECAUSE THAT'S GOING TO BE IN COMPLIANT WITH STATE LAW.
BUT WHAT IF THEY WERE TO GET A GRANT FROM VALERA CORPORATION, THESE ARE NOT TAX DOLLARS.
THESE ARE PRIVATE DOLLARS THAT VALERO FOUNDATION IS GIVING TO YOUR EDC.
THEY'RE NOT SALES TAX DOLLARS.
SO YOU WOULD NOT HAVE TO FOLLOW THE STATE PROCUREMENT IN THE EXPENDITURE OF THOSE DOLLARS, BUT YOU WOULD STILL WANT THEM TO USE SOME TYPE OF PROCUREMENT.
SO THAT'S WHY IT'S IMPORTANT TO HAVE ALSO YOUR OWN PROCUREMENT POLICY, BECAUSE IF THEY'RE NOT STATE TAX DOLLARS, THEY'RE NOT HAVING TO FOLLOW STATE LAW AND YOU WANT THEM TO AT LEAST USE YOUR, THEIR POLICY OR THE CITY'S POLICY.
I'VE SEEN SOME EDCS THAT CLEARLY JUST STATE, WE WILL COMPLY WITH THE CITY'S PROCUREMENT POLICY AND EXPENDITURE OF DOLLARS, AND THEY DON'T HAVE THEIR OWN SEPARATE PROCUREMENT POLICY BECAUSE THEY'RE JUST GOING TO SIMPLY FOLLOW THE CITY'S PROCUREMENT.
WOULDN'T THAT BE THE SAFE WAY TO DO IT? OBVIOUSLY THIS POLICY INSTEAD OF CREATING ROLE, I MEAN THE CITY COUNCIL, THE CITY COUNCIL HAS TO APPROVE IT ANYWAY.
SO YOU HAVE YOUR OWN AND DID THE CITY COUNCIL DON'T ACCEPT WASTING YOUR TIME.
IT JUST BE SO EASY TO SAY IN OUR BYLAWS THAT WE ADOPT THE CURRENT CITY POLICY.
I THINK THAT'S THE EASIEST WAY TO FOLLOW THE CITY'S PROCUREMENT POLICY.
BECAUSE AGAIN, WHILE THE STATE LAW HAS CERTAIN REQUIREMENTS THAT YOU MUST FOLLOW WHEN YOU'RE USING STATE TAX DOLLARS, IF THEY'RE PRIVATE DOLLARS THAT STATE LAW NO LONGER APPLIES.
SO YOU WANT MAKE SURE THAT THEY'RE FOLLOWING SOME TYPE OF PROCUREMENT AND IT'S MUCH EASIER IF IT'S JUST SIMPLY THE CITY'S PROCUREMENT, BECAUSE THAT'S WHAT THE CITY IS FAMILIAR WITH.
AND I'VE SEEN A LOT WHERE IT IS DEPENDENT ON THE CITY'S FINANCE DEPARTMENT OR A PURCHASING DEPARTMENT THAT ISSUES THE, THE PROCUREMENTS FOR THAT EDC.
SO THEY'RE FOLLOWING THE POLICY.
SO IT'S USUALLY, THAT'S THE EASIEST WAY.
IF YOUR EDC AND CITY NEED TO WORK CLOSER TOGETHER, JOINT WORKSHOP, AND I'M TOLD YOU HAVE ONE TOMORROW.
SO A JOINT WORKSHOP BY EDC BOARD AND COUNCIL DETERMINED EDC GOALS AND OBJECTIVES, AND TO OUTLINE ANY ISSUES, QUARTERLY UPDATES.
I'VE SEEN THIS BE SO SUCCESSFUL BETWEEN THE EDC DIRECTOR AND CHAIR OF THE CITY AND THE CHAIR.
AND THEY COME TO THE CITY COUNCIL ON A QUARTERLY BASIS DURING EXECUTIVE SESSIONS AND THEY PROVIDE THE COUNCIL.
HERE ARE THE PROJECTS WE'RE WORKING ON.
HERE'S THE POTENTIAL FOOT BUSINESSES WE HAVE COMING IN.
THIS IS WHERE WE'RE GOING TO NEED ASSISTANCE WITH MAYBE SOME PUBLIC AND INFRASTRUCTURE IMPROVEMENTS OR MAYBE A GRANT OR SOME TYPE OF TAX ABATEMENT THAT ONLY THE COUNCIL CAN APPROVE.
SO THEY HAVE QUARTERLY MEETINGS AGAIN IN EXECUTIVE SESSION BECAUSE THEY'RE ALL ECONOMIC DEVELOPMENT ASPECTS OF IT.
AND SO THEY'RE ABLE TO JOINTLY WORK AND TH THEY KNOW ON A QUARTERLY BASIS, WHETHER OR NOT TO CONTINUE SOMETHING BECAUSE COUNCIL SUPPORTS IT, OR THEY KNOW MAYBE THAT'S NOT WHERE WE NEED TO GO BECAUSE WE'RE NOT GETTING COUNCIL SUPPORT ON THAT.
SO I'VE SEEN QUARTERLY MEETINGS WORK VERY WELL.
I'VE ALSO SEEN QUARTERLY MEETINGS BETWEEN THE MAYOR AND THE MANAGER AND THE EDC CHAIR AND THE EDC DIRECTOR.
THE ONLY CONCERN I HAVE WITH THAT IS THERE ARE TIMES WHERE THE REST OF THE COUNCIL IS LEFT IN THE DARK.
AND THAT'S WHY THE QUARTERLY MEETINGS ARE ALSO VERY HELPFUL, BUT THERE ARE TIMES WHERE YOU CAN'T CALL A 72 HOUR MEETING AND THE FOUR OF THEM NEED TO GET TOGETHER THAT WORKS, BUT THEY HAVE TO THEN BE ABLE TO GO BACK AND REPORT TO THE COUNCIL AT THE NEXT COUNCIL MEETING OR SO FORTH AS TO THE ISSUES.
I ALSO THINK IT'S VERY IMPORTANT THAT THERE BE AN ANNUAL REVIEW OF BYLAWS AND POLICIES TO UPDATE THOSE BYLAWS AND POLICIES, THINGS CHANGE, THE ECONOMY, CHANGES PEOPLE CHANGE.
AND SO THAT'S WHY THOSE BYLAWS NEED TO BE REVIEWED ANNUALLY AND MADE A DETERMINATION AS TO WHETHER OR NOT IT MAKES SENSE OR NOT MAKE SENSE.
UM, DO WE NEED AS MUCH CONTROL? DO WE NEED THOSE MONTHLY REPORTS? CAN'T WE JUST DO IT QUARTERLY.
AND SO THAT'S WHY IT'S IMPORTANT THAT, YOU KNOW, YOU ANNUALLY REVIEW AND LOOK AT THOSE BYLAWS TO SEE IF ANYTHING NEEDS TO CHANGE WITH THAT.
I'LL BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
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I KNOW I WENT THROUGH THAT KIND OF QUICK, UM, BUT I'D BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS.ANY, ANY QUESTIONS FROM OUR PARTICIPANTS IN THE AUDIENCE OR SOMEONE.
CAN YOU COME UP TO THE MIC PLEASE? UH, I MUST SPEAK TO THAT.
SO YOU HAD MENTIONED ABOUT PROPERTY TAXES, DOES IT NOT ALSO, UM, APPLY TO THE WATER BILLS WE ARE TALKED ABOUT? WE CAN'T THAT THE CITY COUNCIL CAN'T USE PROPERTY TAXES TO, UH, ISSUE BONDS.
DOES THAT ALSO APPLY TO THE WATER BILLS TOO? I MEAN, WATER BILLS, THIS COLLECTED MONIES THAT'S COLLECTED THROUGH THE CITY FROM WATER AND SEWER.
THOSE DOLLARS WATER REVENUES AND REVENUES HAVE TO GO BACK TO THE WATER AND SEWER SYSTEMS FOR INFRASTRUCTURE AND KEEP THOSE THAT THEY COULD NOT USE THAT THOSE FOR ECONOMIC DEVELOPMENT.
AND IN THE CASE OF THE CITY, THOSE ARE ENTERPRISE FUNDS.
AND THOSE ENTERPRISE FUNDS USUALLY HAVE TO BE USED TO HELP SUPPORT THE REPAIRS AND IMPROVEMENTS TO THOSE SYSTEMS. CORRECT? YEAH.
UH, REAL QUICK, UH, LET'S GO BACK TO, UH, YOU SAID CITY EMPLOYEES AND EDC EMPLOYEES.
THEY'RE THEY'RE, THEY CAN SOMETIMES BE A WASH ON HOW THEY'RE GETTING PAID.
SO EXPLAIN THAT LITTLE PIECE TO ME.
WHAT BUDGET WOULD IT BE COMING OUT OF? IF 50, I WOULD ASSUME 50% OF DUTIES IS FROM BOTH INSTANCES.
I HAVE ONE CITY THAT THE EDC EMPLOYEES THERE THERE'S FOUR OFFICIAL ADC EMPLOYEES.
THEY'RE ALSO DOING CITY DUTIES, NOT RELATED AT ALL TO THEIR EDC RESPONSIBILITIES.
SO I EXPLAINED TO THE CITY THAT THOSE ADC EMPLOYEES THAT ARE PROVIDING CITY SERVICES MUST BE COMPENSATED YOU, THE CITY MUST COMPENSATE THE EDC BECAUSE THE EDC IS PAYING THEIR FULL-TIME SALARY, BUT THEY'RE PROVIDING CITY SERVICES THAT ARE NOT RELATED TO EDC MATTERS.
SO THE CITY RESPONDED BY SAYING, BUT WE HAVE A CITY SECRETARY WHO'S POSTING ALL OF THEIR AGENDAS, DOING ALL OF THEIR MINUTES.
UM, W PUTTING THE RECORDINGS UP ONLINE, WE HAVE THE FINANCIAL OFFICER DOING THEIR PAYROLL.
WE HAVE HR DOING THEIR BENEFITS.
SO BECAUSE THE EDC EMPLOYEES PROVIDING CITY SERVICES, CITY EMPLOYEES, WE'RE PROVIDING CITY SERVICES.
THAT CONTRACT MAKES IDENTIFIED THE SERVICES BEING PERFORMED BY BOTH SIDES AND THAT NEITHER SIDE NEEDED TO PAY THE OTHER BECAUSE IT EQUALED IN VALUE AS TO WHAT BOTH SIDES WERE PROVIDING.
SO THAT'S WHAT I MEANT BY THAT.
IS THAT AN EMPLOYEE PROVIDING DUAL SERVICES FOR TWO DIFFERENT ENTITIES, ONE EMPLOYEE.
AND THEN I'LL, I'LL COME UP TO HIM IN REGARDS TO THE RESPONSIBILITY THAT COMES TO THE JOB DESCRIPTIONS, PERFORMANCE EVALUATIONS, AND THINGS OF THAT NATURE.
WHAT'S YOUR RECOMMENDATION WOULD BE, HOW WOULD, WHAT WOULD YOU RECOMMEND? THAT'D BE WRITTEN INTO THE JOB DESCRIPTION FOR AN EVALUATION FOR MERIT INCREASE IN THE THINGS THAT ACTUALLY, IF YOU'RE DOING, THEY SHARE ROLES AND RESPONSIBILITIES AS A SWAP FOR SERVICES, BECAUSE OF THE BUDGETARY CONSIDERATION THAT YOU JUST MENTIONED, HOW WOULD THAT BE VIEWED AND OR CONSIDERED THE LARGER THE EDC, THE MORE INDEPENDENT THEY ARE, AND DON'T RELY ON CITY STAFF TO PROVIDE THEM SERVICES.
I HAVE EDCS THAT ARE TOTALLY INDEPENDENT, THAT THEY PROVIDE THEIR OWN HR.
THEY PROVIDE THEIR OWN JOB DESCRIPTIONS.
THEY DO THEIR OWN PERFORMANCE.
THEY'VE IDENTIFIED ALL THOSE THINGS IN THEIR PERFORMANCE, IN THEIR HR POLICY.
THE ISSUE IS IN YOUR CITIES WHERE THE EDC IS NOT TOTALLY INDEPENDENT.
AND THAT'S WHERE YOU HAVE CONCERNS.
I THINK THAT'S ONE OF THE CONCERNS VAL MENTIONED TO ME IS THE FACT THAT CURRENTLY IT IS NOT CLEAR WHO DEVELOPS THE JOB DESCRIPTIONS FOR THE DC EMPLOYEES WHO DEVELOPS THE PERFORMANCE CRITERIA.
HOW ARE THEY EVALUATED? THEY'RE NOT CITY EMPLOYEES, SO YOU SHOULDN'T BE UTILIZING THE CITY.
NOW YOU CAN CONTRACT WITH THE CITY TO ASSIST YOU IN DEVELOPING THOSE JOB DESCRIPTIONS.
YOU CAN CONTRACT WITH THE CITY TO ASSIST YOU IN OUTLINING THE PROCESS FOR PERFORMANCE EVALUATIONS, BUT THOSE EVALUATIONS SHOULD ONLY BE, BE DONE BY THE EDC STAFF AND THEIR SUPERVISORS.
BECAUSE AGAIN, YOUR BYLAWS MAKE IT CLEAR.
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UM, I THINK A CLARIFICATION WITH REGARDS TO HAVING THE EDCS OWN HR POLICY PERSONNEL HANDBOOK AND POLICY WILL CLARIFY AS TO THE PROCESS FOR JOB DESCRIPTIONS, CLARK, CLARIFY THE PROCESS FOR PERFORMANCE EVALUATIONS AND HOW THOSE WOULD BE HANDLED.I ALSO THINK IT'S IMPORTANT THAT YOU CLEARLY IDENTIFY THE GRIEVANCE PROCESS IN YOUR ADC HANDBOOK.
SO THAT MAKE IT CLEAR THAT IF IT GOES TO THE EDC CHAIR, EXECUTIVE DIRECTOR FOR HANDLING OF L HER COMPLAINTS AND GRIEVANCES, BUT IF IT'S AGAINST THE EDC DIRECTOR, IT HAS TO IDENTIFY THE PROCESS AS TO WHERE THAT EMPLOYEE IS ABLE TO GO.
IF IT'S THEIR SUPERVISOR OR THE PERSON IN CHARGE AS TO WHAT OPTIONS THEY HAVE TO GO, IT CLEARLY NEEDS TO IDENTIFY THOSE THINGS.
UM, IN REGARDS TO THE TYPES OF EDCS, WE ARE A, WE ARE A TYPE A EDC, BUT I AM TOLD AS WELL THAT WE CAN HAVE BE AN A AND A B EDC AS WELL.
ARE THERE ANY SPECIAL NUANCES, UH, FROM THE PR, YOU KNOW, FROM THE PARTICULAR PERSPECTIVE OF HOW THEY OPERATE TOGETHER, UM, CAN THE SAME, UM, UH, YOU TALKED ABOUT THE COUNCIL WOULD HAVE INDIVIDUALS ON THE EDC BOARD, WOULD THERE BE TWO SEPARATE BOARDS, UH, THEM OPERATING, DO COUNCIL MEMBERS, UH, SIT ON THE B BOARD, TALK ABOUT THOSE SPECIAL NUANCES OF OPERATING AS AN A AND A V BOARD.
I WOULD NOT RECOMMEND HAVING TWO EDCS.
WHAT I WOULD RECOMMEND IS CONVERTING YOUR TAIPEI TO A TYPE B.
AND THE REASON I WOULD RECOMMEND THAT IS BECAUSE YOUR TYPE B HAS THE SAME AUTHORITY AND SAME ABILITIES AS A TYPE.
A, THE ONLY THING IS YOU NOW WITH A TYPE B HAVE EXPANDED THE OPTIONS OF THINGS THAT THAT EDC CAN DO.
UM, BUT I WOULD NOT RECOMMEND BECAUSE IT BECOMES AN ADMINISTRATIVE CONCERNS, A NIGHTMARE TO HAVE TWO SEPARATE EDCS BY CONVERTING AN EIGHTIES, TYPE A TO AN E TYPE.
YOU HAVE THE SAME AUTHORITIES AS A TYPE A YOU'RE JUST ADDING ADDITIONAL AUTHORITIES.
NOW THERE'S ALSO BECAUSE THEY HAVE ADDITIONAL AUTHORITIES.
THERE'S ALSO A LITTLE SAFEGUARD.
SO YOU MUST HAVE PUBLIC HEARINGS BEFORE SPENDING DOLLARS, AND YOU MUST HAVE PUBLIC HEARINGS DEPENDING ON THE PROJECTS YOU'RE ANNOUNCING.
UM, BUT A TYPE B UH, WHILE HAVING MORE AUTHORITY HAS A LITTLE BIT MORE OVERSIGHT AS WELL OF THAT CORPORATION, BUT I WOULD NOT RECOMMEND CREATING A TYPE A AND TYPE B, I WOULD RECOMMEND SIMPLY CONVERTING YOUR TYPE A, TO A TYPE B.
AND SO IS THAT OVERSIGHT THAT YOU TALK ABOUT THAT IS A LITTLE BIT MORE OVERSIGHT USING THAT, THAT VERBIAGE IS THAT OVERSIGHT THE OVERSIGHT OF THE COMMUNITY, WHICH WOULD REQUIRES THOSE PUBLIC HEARINGS AND THE VOTERS TO PETITION FOR ELECTIONS, OR IS THERE A GOVERNMENTAL OVERSIGHT THAT IS MORE, NO, I THINK THE OVERSIGHT WAS TALKING ABOUT WHERE THE PUBLIC HEARINGS AND THE, IN THE, IN THE CITIZENS BEING ABLE TO PETITION THINGS.
THE, AGAIN, THE COUNCIL OVERSIGHT WILL DEPEND AGAIN ON THE BYLAWS THEY'VE ESTABLISHED AND YOUR BYLAWS CURRENTLY HAVE GOOD OVERSIGHT OVER YOUR EDC.
THE PUBLIC OVERSIGHT IS MUCH MORE FOR TYPE BS BECAUSE THEY'RE ABLE TO USE SALES TAX DOLLARS FOR MUCH MORE THAN JUST YOUR TYPICAL ECONOMIC DEVELOPMENT PROJECTS.
UM, WHEN YOU CONVERT OVER FROM A TYPE A, TO A TYPE B, DO WE HAVE TO DISSOLVE THE TYPE A BOARD, UH, WHAT, WHAT, WHAT ALL IS INVOLVED IN GOING IN AND ALL THE PROJECTS I'VE, I'VE HEARD THAT IN RED, THAT, THAT YOU HAVE TO COMPLETELY START OVER, UM, WITH A TYPE B.
SO I WANT TO MAKE SURE THAT I'M CLEAR ON THAT.
MOST CITIES SIMPLY FILE A BRAND NEW ARTICLES, THE COUNCIL APPROVES CREATING THE TYPI, AND IT GOES TO THE PROCESS OF ADOPTING OR SUBMITTING NEW ARTISTS OF CORPORATION TO THE SECRETARY OF STATE ADOPTING YOU BYLAWS.
MOST CITIES THAT I'VE SEEN SIMPLY CONTINUE THE SAME MEMBERS FROM THE TYPE A, TO THE TYPE B ON THEIR EDC BOARD, IF THEY WERE, YOU KNOW, UH, UNLESS THEY HAD ISSUES.
BUT MOST OF THEM, I SEE CONVERTING JUST SIMPLY CONVERTING WHAT THEY HAVE IS TYPE A YOU'RE YOU'RE RIGHT.
IT DOES REQUIRE THE FILING OF ALL NEW DOCUMENTS WITH BOTH THE STATE, YOUR ARTICLE'S A GRACIAN COUNCIL HAS TO APPROVE THE NEW ARTICLES.
COUNCIL HAS APPROVED THE NEW BYLAWS, IDENTIFYING THAT THEY'RE NOW EXPANDING THEIR AUTHORITY AND GOING WITH A TYPE B CORPORATION.
I ALSO HEARD THAT, UM, AND READ THAT THE
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BOARD MEMBERS NOW ALLOW THREE COUNCIL MEMBERS TO SIT ON THAT, ON THAT TYPE B BOARD, AND ALSO THAT, UM, THEY HAVE VOTING RIGHTS AS A COUNCIL.NOW YOU'RE VOTING ON AS CITY COUNCIL, AND NOW YOU'RE ABLE TO VOTE WITH A TYPE B AS YOU SIT ON THAT BOARD FOR A PROJECT UNDER THE ECONOMIC DEVELOPMENT CORP.
AGAIN, THAT WOULD DEPEND IF YOUR BYLAWS ALLOW FOR COUNCIL MEMBERS TO BE PART OF THE EDC BOARD, THEN YES, IT'S ALLOWED UNDER STATE LAW, BUT IT'S NOT REQUIRED UNDER STATE LAW FOR COUNCIL MEMBERS TO BE ON YOUR EDC BOARD.
IT WILL DEPEND ON HOW YOU WRITE THOSE EDC BYLAWS TO ALLOW FOR COUNCIL MEMBERS TO ALSO BE ON THE EDC BOARD.
MY LAST QUESTION THAT, UM, DO WE HAVE TO DISSOLVE ALL THE PROJECTS AND THE MONEY FUNDING, THE PROJECTS THAT WE'RE UNDER A TYPE A IN ORDER TO BECOME A TITAN? NO.
MA'AM YOU SIMPLY CONVERT THEM FROM THE TYPE A CORPORATION TO BE HANDLED BY THE TYPE B CORPORATION.
MORE COMING TO MIND WITH SNIP, BUT COMING TO MIND BECAUSE IT'S RECORDED, IT'S JUST STATE YOUR NAME FOR YOU ALL ABOUT IT SPOKEN, BUT AS A PROCEDURE, I'M VERY SORRY.
BUT YOU NEED TO STATE YOUR NAME FIRST SO THAT IF ANYONE IS LISTENING, THEY LOOK AT THIS IN THE FUTURE.
WE'RE NOT TRYING TO HIDE WHO YOU ARE NAMED.
MY QUESTION WAS CAN A TYPE A DO SOME TYPE B PROJECTS.
THE ANSWER IS, IF IT'S NOW, IF IT'S STRICTLY A TYPE B PROJECT, IT CAN ONLY BE DONE BY TYPE B CORPORATION.
IF IT'S A TYPE A THAT ARE BEING DONE BY BOTH A'S AND B'S IN THE ANSWER IS YES, BUT A TYPE B PROJECT CAN NOT BE DONE BY A TYPE A EDC CORPORATION.
CAN I ASK, I THOUGHT THAT COULD BE DONE WITH VOTERS' APPROVAL, THE WAY IT'S DONE.
I THINK THAT'S HOW WE'VE DONE IT.
WE'VE HAD, WE'VE DONE TYPE B PROJECTS, BUT IT'S GONE TO THE VOTERS FOR THEIR APPROVAL, WHETHER IT'S A TYPE A OR TYPE B, IT HAS TO GO TO VOTER PROOF, RIGHT? CORRECT.
MY QUESTION WOULD BE IN ORDER FOR US TO CHANGE IT TO A B, DOES IT HAVE TO HAVE CITIZEN GO OUT ON A BALLOT TO BE FOLDED ONLY IF YOU'RE CHANGING THE SALES TAX.
IF YOU'RE INCREASING THE SALES TAX OR DOING SOMETHING DIFFERENT WITH THE SALES TAX, IT WOULD REQUIRE APPROVAL OF THE VOTERS, BUT CONVERTING YOUR TYPE, A TYPE SIB WOULD NOT REQUIRE APPROVAL OF THE VOTERS.
IF YOU'RE KEEPING THE SAME SALES TAX X.
UH, WHAT I WANTED TO KNOW THAT YOU ARE NOT ASKED, OH, UH, ASSISTANCE.
CAUSE YOU KNOW, WE SEE THAT YOU HAVE COLBY AND EVERYBODY'S TALKING THE SAME, MIKE, WE NEED TO DO SOME THE DOOR.
I'M JUST WONDERING ABOUT, IT'D BE SAFE.
I DON'T HAVE ALL YOUR WIFE UP HERE, BUT SHE LET ME KNOW THAT THIS IS WHAT WE NEED TO BE DOING.
HE'S ALSO, HE'S GOING TO SEE IF HE CAN GET THEM LIKE, AND WE JUST WANT TO BE SAFE.
I LIKE THE DIALOGUE, BUT I WANT US TO BE ABLE TO COME BACK.
IF WE HAVE A MEETING NEXT MONTH, THAT YOU ALL WILL BE SAFE RETURN.
AND ONCE YOU DO, AND IF, IF YOU ALL HAVE, OF COURSE WE WANT PARTICIPATION, BUT WE ALSO, AND YOU CAN JUST PUT IT RIGHT THERE, ATTORNEY, AND THERE WAS SOMEONE WHO WANTS TO SPEAK.
AND NOW I HAVE, I HAVE A QUESTION, UH, AND MAYBE YOU CAN, UH, I'M TRYING, I'M GOING TO BE SURE THAT I UNDERSTOOD YOU CORRECTLY.
YOU SAID WHEN WE WERE TALKING ABOUT THE SUBJECT OF THE TYPE, A TYPE B, UH, CONVERTING TO A TYPE B, IF THAT WOULD BE THE DESIRE, THE COMMUNITY Y'ALL THE COUNCIL AND THE COMMUNITY WOULD BE YOUR PROFESSIONAL, UH, FROM YOUR VANTAGE POINT, JUST CONVERTING OVER TO A NEW OR ONLY INCREASING OR ENHANCING WHAT YOU CAN DO AS FAR AS A COOPERATION.
AND THIS IS HOW I'M UNDERSTANDING IT.
NOW, IF YOU WERE TO MAKE THE DECISION TO SAY, WE WOULD WANT A TYPE A AND A TYPE B, LIKE YOU SAID, THAT MAY BE A LOGISTICAL NIGHTMARE BECAUSE OF THE TYPE OF REQUIREMENTS, BECAUSE YOU'RE TRYING TO HANDLE BOTH TYPES.
BUT IF WE MADE THE TRANSITION OVER TO A TIGHT BEAT, THEN BESIDES, UH, WELL, THE, THE, THE CUMBERSOME WORK WOULD NOT BE OURS AS A COUNCIL.
IT WOULD BE AN ATTORNEY IF YOU, THE PERSON HIRED OR WHATEVER, TO CREATE, WHATEVER DOCUMENTATION NEEDS TO BE CREATED TO BE, UH, GIVEN TO THE UH, SECRETARY OF STATE, I THINK IT IS, AND THE ATTORNEY GENERAL FOR APPROVAL AND, UH, THAT TRANSITION COULD ACTUALLY HAPPEN.
[01:10:02]
WHAT PERIOD OF TIME, FROM YOUR ESTIMATION, IF THAT WERE SOMETHING THAT WE WANTED TO DO OR WOULD CONSIDER WHAT YOU THINK A PERIOD OF TIME WOULD BE BEFORE THAT TOTAL TRANSITION COULD ACTUALLY BE, BE ANY FIT? I WOULD PROBABLY SAY SIX MONTHS, BECAUSE IT WILL REQUIRE YOU TO REVIEW AND CREATE YOUR NEW ARTICLES OF INCORPORATION THAT WOULD BE FILED WITH THE SECRETARY OF STATE, UH, A REVIEW AND POSSIBLE REVISIONS TO YOUR BYLAWS FOR THAT TYPE B.YOU WANT TO MAKE IT VERY CLEAR, UH, WITH REGARDS TO THE ADDITIONAL AUTHORITIES AND SO FORTH.
SO USUALLY FROM WHAT I'VE SEEN, IT'S ABOUT SIX MONTHS, OH, SIX MONTHS.
AND SO UP UNTIL LIKE, IF, FOR INSTANCE, WE KNOW IT WAS A DECISION HERE, BUT IT WAS DECIDED UNTIL LIKE JANUARY, THEN IT WOULD BE ABOUT JUNE, JULY NEXT YEAR ABOUT THIS, YOU KNOW, BEFORE IT COULD ACTUALLY COME INTO EFFECT.
SO YOU WOULD CONTINUE TO OPERATE UNDER THE RULES AND, AND, AND, AND, UH, WHAT BYLAWS THAT ALREADY HAVE, BUT THE RULES OF THE STATE AS A TYPE EIGHT, UNTIL THAT ACTUALLY OCCURS AND WITH PROJECTS AND OTHER THINGS OF THAT NATURE, YOU WILL BEGIN PROJECTS UNDER EIGHT, AND THEY WOULD TRANSITION TO THE TYPE B WITH THE CONTRACTS AND AGREEMENTS.
IF THEIR CONTRACTS WERE AGREEMENTS, HOW WOULD THAT AFFECT? AND I DON'T TRY THEM ONCE THAT OR SOMETHING.
HOW WOULD THAT AFFECT SOMETHING IF WE WERE TO DO IT, AND YOU HAD A CONTRACT THAT WAS GIVEN UNDER EIGHT, BUT NOW YOU'RE TRACKING, YOU'RE TRANSITIONING TO A BEAT, OR HOW DOES THAT AFFECT THE CONTRACT AND ATTENDANCE IN THAT CONTRACT? IT WOULD REQUIRE AGREEMENT OF BOTH PARTIES TO CONVERT IT, IF THERE'S ANY ADDITIONAL REQUIREMENTS AND SO FORTH, BECAUSE WHILE IT'S STILL YOUR EDC, IT'S NOW AN EDC WITH ADDITIONAL, IT'S A TYPE B AND THEREFORE IT DOES REQUIRE CERTAIN CHANGES AND SO FORTH.
AND I NEED TO DOUBLE CHECK BECAUSE I'M TRYING TO REMEMBER FROM THE TOP OF MY HEAD, WHETHER IT DOES REQUIRE AN ELECTION OF THE CITIZENS OR NOT.
BUT I WAS, UM, KIND OF LOOKING AT, I THINK THE WAY THE PROPOSITION WAS WRITTEN, FOR EXAMPLE, FOR US, WE ONLY ADOPTED FOUR EIGHT TEXTS.
SO I THINK IN OUR SITUATION, YOU KNOW, A LOT OF THESE, IT DEPENDS, I THINK THE WAY AND THE WAY OUR INITIAL ADOPTION WAS, WAS FOR FOUR EIGHT.
SO I THINK SO IF WE DO GO TO FOUR B, IF WE DID AFFORD B, WE WOULD HAVE TO GET, MAY HAVE TO REQUIRE THE ELECTION.
IT WAS WRITTEN, YOU'D HAVE TO GO TO THE VOTERS.
SOME OF THEM ARE WRITTEN A LITTLE DIFFERENTLY, I THINK, BUT I JUST IN LOOKING AT OURS, OURS WAS WRITTEN THE CIVICALLY 4, 4, 8.
SO BASED ON THAT, I WOULD PROBABLY REQUIRE ELECTIONS.
SO YOU'RE LOOKING PROBABLY A LITTLE LONGER BECAUSE YOU'RE ONLY ALLOWED TO HAVE ELECTION NOVEMBER AND IN MAY.
SO IT MAY REQUIRE A LONG, A LONGER PERIOD OF TIME ROOSEVELT, PETRI.
UH, I REMEMBER WHEN WE STARTED, UM, WE HAD AN ELECTION AND THAT'S WHY I WAS ASKING TO CHANGE IT IF WE'RE GOING TO HAVE TO HAVE ELECTION.
CAUSE I, I RE I RECALL THAT WE ACTUALLY HAD AN ELECTION THAT YOU HAVE TO HAVE GREAT IN ABC BECAUSE OF THE SALES TAX USE, AS VAL MENTIONED, BECAUSE IT'S SO LIMITING THAT YOU'RE CREATING IT SPECIFICALLY SAID YOU WERE CREATING A FORAY, THEN YOU WOULD HAVE TO HAVE AN ELECTION TO DO THE FOUR B.
I MEAN, IF IT WERE TO HAPPEN, THEN THAT'S ABOUT NEW THINGS.
AND OVER A PERIOD OF TIME WHERE YOU WORK YOURSELF INTO BEING A B, IF WE REMAIN WHERE WE ARE, THEN THAT'S NO PROBLEM.
BUT IF A CONSIDERATION IS ACTUALLY WOULD BE, UH, GOING INTO EFFECT, I'M JUST ASKING, YOU KNOW WHAT, UH, W WE WOULD BE LOOKING AT IT AND I SEE HOW IT, IT, IT'S NOT A PROBLEM.
AND IT'S LIKE A CHANGE WITH ANYTHING.
THERE'S GOING TO BE SOME BUMPS IN THE ROAD.
THERE'S GOING TO BE SOME THINGS THAT YOU HAVE TO REACCLIMATE, UH, YOURSELF TO.
AND EVEN THE, UH, ADMINISTRATIVE AND OPERATING PROCEDURES SORT OF CHANGES.
AND, AND ONE THING THAT I WANT TO ASK ABOUT ARTICLE 10 OR 0.09 WAS SOMETHING I I'M, I'M VERY APPRECIATIVE OF THE TRAINING, THE DATE.
NOT THAT I WANT TO GO TO ANOTHER MEETING.
BUT JUST, YOU KNOW, I NEVER EVEN WAS, I WASN'T NEVER, I'VE NEVER BEEN TOLD I COULDN'T COME TO GO TO A MEETING NOW DON'T GET ME WRONG.
SO I DON'T WANT ANYBODY TO MISCONSTRUE WHAT I'M SAYING.
BUT FROM WHAT, YOU KNOW, WHAT I SEE HERE LENDS ITSELF TO A BETTER RELATIONAL, UH, POSITION FOR THE COUNCIL AND THE BOARD OF EDC.
YOU KNOW, IF, IF THE MAYOR SAID, I LIKED THE POINT ABOUT MY APPOINTEE, BECAUSE I COULD ASK HIM, BE A BOARD MEMBER.
I MEAN, ANY COUNCIL MEMBER SAY, WELL, YOU CAN GO THIS TIME, BUT, YOU KNOW, UH, AND THAT
[01:15:01]
WAY THEY GO IN AND NOT TO TRY TO, YOU CAN SWAY THE BOARD.YOU'RE NOT GOING IN TRYING TO CONTROL THE BOARD AND YOU CERTAINLY CAN'T VOTE.
BUT FOR INFORMATION PURPOSES YOU HAVE THERE.
AND YOU, YOU KNOW, SOMEONE FROM THIS COUNCIL WOULD KNOW.
SO I REALLY APPRECIATE THAT POINT.
AND THE POINT THAT I LIKED THE MOST, BECAUSE I WOULD BE WHEN THEY GO INTO EXECUTIVE SESSION, I COULDN'T GO IN THERE BECAUSE THEY CAN'T COME TO MIND.
SO, BUT IT'S THE WAY THIS OPERATES.
I'D BE ABLE TO GO INTO THE EXECUTIVE SESSION NOW BEING THE TYPE OF MERE THAT I AM.
I'M NOT GOING IN AND SAYING ANYTHING.
I'M JUST TRYING, I'M TRYING TO HEAR WHAT I CAN HEAR AND UNDERSTAND.
AND IF THERE'S A QUESTION I CAN ASK LATER, BUT, UH, THAT KID BIT OF INFORMATION, I SEE THE ADVANTAGE OF THAT.
SOME FOLK MAY LOOK AT IT FOR SOME OTHER REASONS.
IF A PERSON HAS, IF I WERE MARRIED AND HAD SOME ULTERIOR MOTIVES, WELL, THAT WOULD BE DIFFERENT, BUT I PRAISE GOD THAT I DON'T HAVE THAT.
YOU KNOW, EVEN IF I'M PERCEIVED AS SUCH, BUT I KNOW THAT I CAN GO AND, UH, BOARD MEMBERS, WE MAY HAVE SOMEBODY THAT WHOEVER GOES AND SAY, I SENT THEM THIS WHO I SENT IT SERVICES, AND JUST STATE YOUR NAME, PLEASE.
AND LOOK HERE, I WANT YOU TO USE THE PUBLIC MIC.
AND, UM, ME AND MY FELLOW COMMISSIONERS, WE'VE HAD THIS CONVERSATION AND WE IN FULL SUPPORT OF YOU GUYS BEING A PART OF THIS, BECAUSE THIS IS A PART OF ONE CREATING THE TRANSPARENCY THAT WE NEED TO HAVE TO, TO MAKE SURE WE WERE TALKING TO THE TRUTH AND HONESTY ABOUT WHAT WE'RE DOING AND OUR INTENT, AS WELL AS TO GET YOU GUYS' SUPPORT.
BECAUSE A LOT OF THE THINGS THAT THIS, UH, MR. GODS HAS RECOMMENDED, I FULLY AGREE WITH IT BECAUSE THERE'S A LOT OF THINGS THAT WE DO IN EDC THAT HAS TIME SENSITIVE ACTIVITIES AND TIME HACKS AND THINGS OF THAT NATURE THAT WE NEED TO TAKE ACTION ON.
AND IT MAY INCREASE THE FREQUENCY OF HOW OFTEN WE NEED TO MEET, BECAUSE FOR US TO DO THINGS IN CONCERT, WITH ALL THE THINGS WE'VE GOT IN PLAY AND ALL THE PROJECTS WE GOT IN PLAY AND ALL THE THINGS WE NEED TO ACT ON, WE'RE GOING TO NEED A FREQUENCY AND MORE MEETING WITH YOU GUYS TO MAKE SURE THAT ARE ACTING ON YOUR BEHALF WITH THE INTENT FOR WHAT WE'RE TRYING TO DO FOR THE CITY, WITH THE ACTION THAT WE WANT TO DO FOR THE CITY.
AND, AND, AND, AND I APPRECIATE YOUR REMARKS WITH THAT.
AND I WANT US TO BE ABLE, WHEN I'M SAYING I WAS INTO SOME WE'LL DISCUSS EVEN ON TOMORROW, BECAUSE WE HAVE A MEETING SCHEDULED FOR TOMORROW.
YOU KNOW, WHEN WE CAN, BUT NOW I, AND THIS WAS A COUNCIL MEMBER.
THIS IS KIND OF WHY I, THE REASON I WANTED TO HAVE THIS TRAINING PRIOR TO HAVING THE MEETING, BECAUSE NOW I HAVE A BETTER UNDERSTANDING OF WHAT I CAN SAY IN THE MEETING, THE, HOW SHOULD BE CONDUCTED.
IT'S NOT A SESSION TO COME IN TO FOR CONFUSION.
YOU KNOW, THANK GOD WE KNOW CHURCH PEOPLE.
WHEN HE COMING TO HAVE A CHURCH, YOU, WE, WE, WE COME TO DISCUSS SOME BUSINESS AND, UH, SEE HOW EFFECTIVE WE CAN BE IN IT AND MOVE FORWARD.
AND A LOT OF THESE THINGS THAT YOU PRESENTED TO US TO DATE, I WAS NOT KNOWLEDGEABLE OF, I WOULD SAY 90% OF IT.
ATTORNEY, I JUST WANTED TO, UM, TALK ABOUT WHAT A PROJECT IS BECAUSE HE TALKS ABOUT PROJECTS OR PROGRAMS AND EXPENDITURES HAVE TO GO TO COUNSELING.
AND SOMETIMES THERE'S CONFUSION.
I THINK SOMETIMES A LOT OF PEOPLE THINK IF THEY'RE NOT SPENDING MONEY, YOU DON'T HAVE TO GO TO COUNSELING.
AND IT'S JUST CONFUSION ON THAT ISSUE.
COULD YOU KIND OF, I THINK IT'S IN FIVE OR AN OH SEVEN, THREE, OR SOMETHING LIKE THAT, THAT ALL PROJECTS, ALL PROGRAMS AND EXPENDITURES HAVE TO GO BEFORE COUNCIL AND MAYBE KIND OF GIVE US A DEFINITION, FOR EXAMPLE, EVEN THE FILING OF A LEGAL DOCUMENT, ACCEPTANCE OF TITLE TO A PROPERTY, YOU KNOW, THEY CAN'T JUST, IF YOU COULD ELABORATE ON THAT REAL BRIEFLY WITH REGARDS TO THAT, UM, AGAIN, IN MY REVIEW OF THESE BYLAWS, THE COUNCIL, NOT ONLY APPROVES PROJECTS AND PROGRAMS, BUT ALSO CONTRACTS, IN MY OPINION, ALMOST ANY DOCUMENT UPROAR NEEDING BOARD APPROVED EDC BOARD APPROVAL WOULD ALSO NEED CITY COUNCIL APPROVAL.
THE WAY YOUR BYLAWS ARE CURRENTLY WRITTEN PROJECTS AND PROGRAMS WITH REGARDS TO THOSE ITEMS. IF THE EDC IS EXPANDING ANY DOLLAR ON ISSUES, AND AGAIN, YOU CAN MAKE THE DEFINITION.
AND THAT'S PROBABLY ONE OF THE RECOMMENDATIONS I WOULD MAKE IS TO DEFINE PROGRAMS AND PROJECTS IN YOUR BYLAWS.
BECAUSE RIGHT NOW THE QUESTION IS, DOES THAT MEAN WE HAVE TO BRING EVERYTHING IN ANYTHING TO THE COUNCIL THAT WE IDENTIFY OR THAT SOMEONE COULD ARGUE IS A PROJECT OR A PROGRAM? UM, PROGRAMS TO ME IS MUCH MORE LONG-TERM
[01:20:01]
PROJECTS CAN BE BOTH SHORT-TERM OR LONG-TERM, UM, CLEARLY ANYTHING LONG-TERM, THAT'S IDENTIFIED AS A LONG-TERM GOAL FOR THAT EDC SHOULD BE APPROVED BY YOUR CITY COUNCIL.UM, THE QUARTERLY REPORTS AND SO FORTH WOULD IDENTIFY BOTH SHORT-TERM PROJECTS AND PROGRAMS, THOSE THINGS.
AGAIN, ANYTHING THAT THAT BOARD IS DISCUSSING.
I MEAN, THAT'S GOING TO REQUIRE THE EXPENDITURE OF DOLLARS.
THE EXPENDITURE OF TIME SHOULD BE COMING TO THE BOARD.
I MEAN, IT'D BE, IT SHOULD BE COMING TO THE COUNCIL.
NOW, AGAIN, WITHOUT THOSE CLEAR DEFINITIONS OF WHAT PROJECTS AND PROGRAMS THAT YOU'RE WANTING FOR THE COUNCIL TO APPROVE, I WOULD NOT, AGAIN, I WOULD REMOVE THE APPROVAL OF ANY ADMINISTRATIVE CONTRACTS, AGAIN, THE PRINTING PRINTER OR THE PAPER OR SUPPLIES FOR THE EDC.
THOSE THINGS ARE, CAN BE APPROVED BY THE ANNUAL BUDGET AND SHOULD THOSE TYPES OF CONTRACTS SHOULD NOT HAVE TO COME TO THE COUNCIL, BUT IF THEY'RE EXPENDING DOLLARS TO, UH, ATTRACT A BUSINESS TO COME IN OR WANTING TO, YOU KNOW, IDENTIFY A PROGRAM THAT THEY'RE WANTING TO MOVE FORWARD WITH, THAT WILL REQUIRE SUBSTANTIAL TIME OR SUBSTANTIAL DOLLARS.
THOSE ARE THE TYPES OF THINGS THAT THE COUNCIL SHOULD BE APPROVING.
I DON'T KNOW WHERE YOUR MIC IS.
LET'S SAY SOMEONE WANTS TO PUT A BUSINESS IN A BUSINESS PARK, MR. PARK.
UM, FROM THE TIME WE RECEIVE THEIR LETTER OF INTENT SHOULD NOT COUNCIL RECEIVE THE SAME LETTER OF INTENT.
FOR EXAMPLE, BUSINESSES COME TO US ALL THE TIME AND WE HAVE A MEETING AND DECIDE WHETHER OR NOT WE WANT TO DO BUSINESS WITH THEM.
THE WAY I'M UNDERSTANDING WHAT YOU'RE SAYING IS COUNSEL SHOULD BE RECEIVING THAT INFORMATION TOO, BECAUSE IT'S ALMOST LIKE WE'RE FILTERING IT AND COUNSELING, OR EVEN SEE ANY OF THE INTENT.
THE ONLY TIME THEY SEE ANYTHING IS WHEN WE APPROVE IT ON OUR END, AND THEN THEY GET IT TO APPROVE IT.
BUT FROM WHAT I READ IN YOUR INFORMATION, BY THE WAY, WHICH IS SOME GREAT INFORMATION, AND YOU ASKED A LOT, THANK YOU.
AND, UM, UM, I THINK IT JUST MY PERSONAL OPINION, COUNCIL NEED TO SEE ALL THAT INFORMATION BECAUSE COUNCIL IS GOING TO BE THE ONE, ULTIMATELY APPROVING IT ANYWAY, AND THERE NEED TO BE MORE TRANSPARENCY AND MORE COMMUNICATION BETWEEN THE CITY COUNCIL AND THE BOARD.
RIGHT? AND THAT'S WHY I THINK THE QUARTERLY REPORTS.
NOW, I'M NOT SAYING A QUARTERLY WORKSHOP BETWEEN THE COUNCIL AND EDC, WHAT I'M TALKING ABOUT WHEN I'M TALKING QUARTERLY REPORTS, WHERE THE EDC CHAIR AND THE EDC EXECUTIVE DIRECTOR COME TO THE FULL CITY COUNCIL AND EXECUTIVE SESSION AND PROVIDE THEM A QUARTERLY REPORT AS TO THE PROJECTS AND BUSINESSES THAT HAVE COME FORWARD TO THEM, JUST IN CASE THE CITY MANAGER OR THE MAYOR DID NOT RECEIVE THAT SAME LETTER OF INTENT.
THE EDC CHAIR AND THE EXECUTIVE DIRECTOR ARE COMING QUARTERLY TO YOUR CITY COUNCIL TO LET THEM KNOW, HEY, THESE ARE THE NEW FOLKS THAT HAVE CONTACTED US.
THESE ARE THE PROJECTS THAT WE'RE STILL WORKING ON.
AND HERE'S THE STATUS OF THESE OTHER ISSUES BY HAVING THOSE QUARTERLY MEETINGS, YOU'RE HAVING THAT COMMUNICATION, BUT YOU'RE NOT BEING REQUIRED TO HAVE JOINT MEETINGS.
OH, I WAS JUST GONNA SAY, DO GET THE LETTERS OF INTENT GIVEN EACH COUNCIL.
SINCE I'VE BEEN HERE AT 2015, WE HAVE, WE'VE ALWAYS GOTTEN THEM.
NOT THAT WE HAVE NOT GOTTEN AN EXECUTIVE SESSION.
WELL, WE HAVE NOT GOTTEN AN INTENT FOR ANY COMPANY THAT'S COMING HERE.
WE ALWAYS, WE ALWAYS BEEN UPDATED WHEN THEY FIRST HIT.
UM, AND, AND THERE IT'S INTENDED, SO I DON'T REMEMBER THAT NOT HAPPENING.
HERE AT THE CITY SHOULD A MANAGER.
WHEN I WAS ABOUT TO SAY, WE'RE GOING TO HAVE, WE GOT THE SILOS OF AL MIKE.
UH, BUT, UH, TO BE HONEST, WE DO GET THE, YOU KNOW, WHAT'S POSSIBILITY THAT'S GOING TO HAPPEN IN PORT ARTHUR.
SO, UH, BUT I WANT TO ALSO ADDRESS THAT BECAUSE I FEEL THAT, YOU KNOW, IF I HAVE AN APPOINTEE THAT'S ON THE EDC BOARD, UH, NOT COMMUNICATE WITH MINES, UM, PRETTY MUCH ON A DAILY BASIS AND SOME OF THE DEVELOPMENT OPPORTUNITIES THAT WE HAVE IN PORT ARTHUR, I'M SHARED WITH THAT.
BUT TO BE HONEST WITH, UH, COUNCILWOMAN MOSES, I STATED THAT WE DO HAVE THAT OPPORTUNITY TO MANAGE YOUR, DOES A VERY GOOD JOB ALONG WITH OUR CITY ATTORNEY, PROVIDING US WITH
[01:25:01]
INFORMATION.IT MAY NOT BE ON BLACK AND WHITE, BUT WE ARE TOLD ABOUT OPPORTUNITIES.
AND, AND I THINK IT'S VERY IMPORTANT THAT YOU DO RECEIVE THAT.
BUT WHAT I SEE THE ADVANTAGE OF THE QUARTERLY MEETINGS IS YOU'LL GET THE INITIAL LETTER, BUT THEN WHAT HAPPENS? AND YOU COMMUNICATE WITH YOUR EDC BOARD MEMBER, AT LEAST YOU'RE KNOWING WHAT'S GOING ON, BUT THAT DOESN'T HAPPEN WITH EVERY COUNCIL MEMBER.
AND THAT DOESN'T HAPPEN WITH EVERY EDC BOARD MEMBER.
SO BY HAVING THE QUARTERLY MEETINGS WHERE THE EDC CHAIR AND EXEC DIRECTOR ARE COMING TO REPORT, YOU KNOW, ABOUT THE INITIAL OFFER LETTER, BUT NOW, YOU KNOW, THE STATUS, WHAT'S THE STEP, WHAT THEY'RE WORKING ON TO BRING THAT LETTER INTO REALITY.
LOOK, CAN I, MAY I PIVOT BACK TO ONE MORE QUESTION, MR. GAZA? UM, CAUSE I DIDN'T GET AN ANSWER.
UM, JUST OUT OF NATURAL INQUISITION, UH, WHEN WE GO, IT SAYS, UM, MANY INDIVIDUALS SAY WHEN WE WERE TALKING ABOUT, UH, A OR B INDIVIDUALS HAVE A TENDENCY TO LOOK AT AN, A, B E D C FROM MY RELATIONAL UNDERSTANDING WITH INDIVIDUALS THAT ARE BEAT EDC IS JUST AN OPEN SPICKET TO SPEND MONEY AND DISTRIBUTE MONEY WILLY NILLY.
SO LET'S SAY SOMEONE WANTED TO PUT A, UM, JU I DON'T, THIS IS NOT AN ACTUAL, THIS IS, YOU KNOW, THIS IS, THIS IS NOT ACTUALLY HAPPENING, BUT LET'S SAY SOMEONE WANTED TO PUT A WATERPARK ON PLEASURE ISLAND AND THEY CAME AND THEY WANTED TO PRESENT THAT TO OUR CITY, THIS PUBLIC HEARING PROCESS.
IT SAYS IT REQUIRES A PUBLIC HEARING PROCESS FOR APPROVAL TO SPEND MONEY IN THAT PUBLIC HEARING THAT I HEAR HEARING I DON'T HEAR VOTE IS, IS WHAT'S THE DIFFERENCE THERE AGAIN, IT WOULD BE REQUIRED PUBLIC HEARING, BUT IT WOULD BE THE DECISION OF BOTH THE EDC BOARD AND THE CITY COUNCIL TO APPROVE THE USE OF THOSE DOLLARS FOR THAT WATERPARK OF THAT WAS WHAT IS GOING TO HAPPEN.
BUT THE PUBLIC HEARING GIVES THE CITIZENS THE OPPORTUNITY TO COMMUNICATE TO THE COUNCIL YAY.
OR NAY ON THOSE EXPENDITURES, BUT IT'S NOT A VOTE.
IT IS NOT A VOTE OF THE CITIZENS IN THAT ASPECT OF IT.
FRANK GUNMAN ON, IN YOUR PRESENTATION, THERE ARE TWO THINGS THAT I TAKE AWAY FROM IT.
ONE IS THE NEED TO HAVE AN AGREEMENT WITH THE CITY.
AND WE DID HAVE THAT IN THE PAST, IT WAS CALLED, UM, ADMINISTRATIVE FEES.
IT WAS PART OF THE ADMINISTRATIVE FEES THAT THE EDC PROVIDED TO THE CITY FOR SERVICES RENDERED BY THE FINANCE DEPARTMENT FOR, FOR, BY, BY THE HR DEPARTMENT.
BUT THAT DISAPPEARED SOMEWHERE ALONG THE LINE.
I THINK, UM, WE, WELL, COUNCIL NEEDS TO RECONSIDER THAT AND, UM, THAT WE PROVIDE THEM WITH CERTAIN, UM, MEASURES OF GUIDING US AND, UM, AS TO WHAT WE CAN DO AND WHAT WE CANNOT DO.
AND WE'LL REMOVE THE VERY BLUE LINES WHEN WE GET INTO SITUATIONS WHERE, UM, SOME SORT OF, UM, DISCIPLINARY ACTION ARISES, WHETHER IT'S AN HR MATTER ALONE.
SO I THINK WE NEED TO CONSIDER THAT VERY CLOSELY, YOU KNOW, UM, IF YOU CAN PROVIDE US WITH SOME STUFF, RIGHT.
I, I RECENTLY SENT VAL A DRAFT AGREEMENT THAT SHE CAN START LOOKING AT.
WE NEED TO GO BACK TO THAT VERY STRONGLY.
I WOULD ADVISE THAT I, THE NUMBER TWO THING THAT WE NEED TO LOOK AT VERY CLOSELY IS THE NEED TO CONTINUALLY ON AN ANNUAL BASIS, AS YOU STATED TO THE BYLAWS OF THE EDC, BECAUSE THAT'S YOUR STATE, THE TIME CHANGES, THE ECONOMIC SITUATION CHANGES.
AND SO WE HAVE TO RULE WITH THOSE CHANGES IN ORDER THAT THE ORGANIZATION REMAINS RELEVANT TO THE ECONOMIC DEVELOPMENT OF OUR CITY.
AND, AND SO I WAS STRONGLY ADVISED THAT WE LOOK AT THE BYLAWS AS WELL OF THE, THE, OF THE EDC, UH, PRESENT.
I JUST WANNA MAKE SURE HE, HE SAID HE PROVIDED YOU WITH THE, UM, A SUBJECT, LIKE, UH, AN AGREEMENT THAT WE COULD ENTER IN BETWEEN DEPARTMENTS AND THEN ALSO A PERSONNEL POLICY THAT WE CAN ADOPT, UM, MAYBE A DUMMY FORMAT.
I PROMISED THAT I'D HAVE A TURN OF THIS WEEK.
[01:30:01]
GREAT.YEAH, JUST STEP UP, COME UP, JUST COME UP TO THE MIC.
UM, WHEN I MENTIONED, UM, ABOUT THE LETTER OF INTENT, I WASN'T AWARE OF IT.
SO I'M GLAD TO HEAR THAT THAT IS HAPPENING.
SO I APOLOGIZE FOR MISSPEAKING ON THAT, AND I WANT TO TOTALLY AGREE WITH YOU CITY MANAGER, YOU, YOU HIT IT RIGHT ON THE HEAD.
UH, THAT AGREEMENT NEEDS TO COME BACK IN SOME FORM OR FASHION.
THERE WAS NO WAY TO SIT IN, NEED TO BE DOING, PROVIDING THESE SERVICES.
AND THEY'RE NOT, THE CITY IS NOT BEING COMPENSATED.
THIS LAST SITUATION THAT HAD OCCURRED.
IT WAS A LOT OF WORK THAT THEIR LEGAL DEPARTMENT, I KNOW IT WAS INVOLVED IN, UH, WITH OUR ATTORNEY, UM, AND TRYING TO FIGURE OUT WHAT TO DO AND THINGS LIKE THAT.
BUT IN THE FINANCE DEPARTMENT THAT Y'ALL GUYS, UH, DO A LOT OF FINANCING R AND D BUDGETS AND THINGS LIKE THAT.
THERE NEED TO BE SOME COMPENSATION THERE OR SOMETHING.
I DON'T KNOW HOW, BUT THAT AGREEMENT AS THE CITY MANAGER STATED IT, I CAN'T BELIEVE IT WENT AWAY.
ANYONE ELSE? COMMENTS? I'D JUST LIKE TO THANK MR. FRANK GARZA FOR COMING.
YOU SHED SOME CLARITY ON A LOT OF THINGS FOR US.
I THINK SEVERAL OF US HAVE SERVED ON EDC ECONOMIC DEVELOPMENT IS WHERE I STARTED ON THAT BOARD.
UM, SO AS A COUNSELOR FOR HOMES AND CATHERINE REMARKS, SO THAT'S AN, UH, FOR ME, I BELIEVE IT'S A PRIVILEGE FOR US TO HAVE THAT KIND OF INFORMATION ON COUNCIL, BUT YOU DID SHED QUITE A BIT OF LIGHT TO A LOT OF QUESTIONS.
SO I REALLY APPRECIATE YOU DRIVING LAST NIGHT TO GET HERE FOR THIS MORNING.
ANYONE ELSE? COUNCILMAN FRANK, YOUR LIGHT PHONE? NO, SIR.
WELL, UM, MAYOR, MY LIFE IS ON, UM, MR. GARZA, I JUST WANT TO SAY THANK YOU FOR THE INFORMATION I DID SERVE ON EDC ACTUALLY AS ITS CHAIR FOR THREE YEARS.
AND A LOT OF THE THINGS YOU SHARED, I WAS VERY AWARE OF AND HAD GONE THROUGH TRAINING BEFORE, BUT YOU DID CLARIFY SOME OF THE THINGS THAT HAVE COME UP RECENTLY.
UM, AND SO I TRULY APPRECIATE YOU DOING THAT AND THANK YOU FOR BEING HERE AND DRIVING TO GIVE US ALL THAT INFORMATION, MR. MAYOR.
THIS YEAR IS LIGHT CAME ON THE FOUR YEAR OLD, DO MY FRIEND, BROTHER.
UH, BUT THANK YOU, UH, TO GET THE CLARITY OF WHAT YOU SUGGESTED IN YOUR PRESENTATION.
UM, YOU KNOW, I WAS ONE OF THOSE ONES THAT BENEFITED FROM IT, UH, TO KNOW THE RELATIONSHIP AND BUILDING A RELATIONSHIP WITH OUR CURRENT EDC IS WHAT WE NEED TO DO.
I THINK YOUR INFORMATION AND, AND WORKING WITH OUR CITY ATTORNEY TO PROVIDE THAT IS GOING TO MAKE OUR RELATIONSHIP A LOT BETTER WITH OUR CURRENT EDC.
SO PERSONALLY, I WOULD LIKE TO THANK YOU AND YOUR PRESENTATION FOR TODAY.
UH, MAY I PUT YOU UP? YES, THANK YOU FOR COMING.
BUT I WANT TO THANK OUR ATTORNEY, UH, AS WELL.
UH, SHE WAS PERSISTENT, UH, WORKED TO COORDINATE AND DID EVERYTHING THAT WAS UNNECESSARY TO GET YOU HERE AND, AND TO GET ALL THESE STRAIGHT KITS GOING IN THE SAME DIRECTION.
I APPRECIATE STAFF AND ALL OF US, I USE THE ANALOGY CAUSE YOU KNOW, SHEEP, YOU CAN GET WITH STRAY CATS GO DIFFERENT DIRECTIONS.
SO, SO THAT'S ALL THAT, THAT DIDN'T, DON'T TAKE IT PERSONALLY.
OH, AND LET ME THANK ALL OF OUR POINTERS AS WELL.
I WANT TO THANK MY APPOINTEE FOR BEING HERE AND ALL THE OTHER APPOINTEES WHO GIVE OF THEIR TIME, UH, WHO GIVE UP THEIR TIME AND THEIR TALENTS, UH, TO DO THAT.
AND I LOOK FORWARD TO THE GREAT THINGS THAT WE'RE GOING TO DO, UH, HERE IN PORT ARTHUR.
AND UH, FINALLY, UH, ATTORNEY GAZA.
I I'M, UH, I'VE BEEN TRYING TO MEET YOU FOR TWO AND A HALF YEARS, MAN.
YOU ALREADY KNOW THAT I'VE BEEN ASKING FOR THIS AND UH, YOU KNOW, IF YOU PRAY HARD AND LONG ENOUGH YOU GET IT.
SO IT HAPPENED, HE CAME ON A BAD DAY.
I DID NOT WANT TO SPEND MY BIRTHDAY WITH YOU.
I MEAN, AFTER YOU'VE HAD THIS GREAT, GREATER NUMBER OF BIRTHDAYS, THAT IT DIDN'T MATTER.
SO I'M, I'M GOOD BECAUSE I LEARNED SOMETHING TODAY ON MY BIRTHDAY WITH THIS NEW TASK THAT GOD HAS GIVEN ME.
SO, UH, YOU'VE BEEN REAL TO ME, UH, WITH THIS ANSWER.
I THINK EVERYONE ELSE WHO'S HERE,
[01:35:01]
UH, TO THE BOARD MEMBERS WHO WERE PRESENT.UH, WE HAVE THE ASSISTANT DIRECTOR HERE.
WE HAVE, UH, OUR, THE CITY ATTORNEYS IN THE HOUSE.
UH, WE HAVE TWO OF OUR, UH, ASSISTANT CITY MANAGERS HERE.
AND I THINK YOU DELIVERED THIS INFORMATION TO, UH, UH, A REAL GOOD AUDIENCE THAT ACTUALLY CAN USE THE INFORMATION IN A VERY POSITIVE WAY.
UM, I'M MORE THAN SURE THAT WE WOULD PROBABLY BE CALLING ON YOU AGAIN, DON'T TAKE SO LONG, UH, AND BE SO IMPORTANT TO ALL THE OTHER PEOPLE THAT PULLED OFF YOU.
ARE YOU PUTTING ME ON THE BACK BURNER? I'M JUST MESSING WITH IT, BUT NO, WE UNDERSTAND IT BECAUSE SHE WAS TRYING TO GET YOU ON YESTERDAY.
I HAVEN'T BEEN THROUGH WITH YOUR GIVE BECAUSE THAT'S WHAT I WANTED.
IT REALLY, I WOULDN'T HAVE TO COME TO DECK, BUT YOU COULDN'T GET HERE.
AND WE KNEW AND UNDERSTOOD THAT WE APPRECIATE ALL THAT YOU HAVE DONE YOU'VE ASSISTED BEFORE.
UH, AND I APPRECIATE IT FOR SURE.
THE DISSEMINATION OF THE INFORMATION THAT YOU'VE GIVEN ON A DATE AND THE SIMPLICITY AND THE SIMPLISTIC WAY THAT YOU ACTUALLY DELIVERED IT, YOU KNOW, THAT WE COULD ACTUALLY UNDERSTAND IT AND EVEN BE ABLE TO APPLY IT NOW ON FORWARD OR LOOK FORWARD TO TOMORROW OR WHEN WE ARE ABLE TO MEET WITH THE, UH, WITH, WITH THE, WITH THE BOARD IN A SESSION.
AND, UH, I DON'T KNOW, BUT IT WASN'T THAT OUR DIRECTOR DIDN'T WANT TO BE HERE.
HE HAD A MEDICAL SITUATION THAT HE HAD TO ATTEND TO TODAY, SO HE COULD NOT BE HERE TODAY OR, UH, BUT I'M GLAD THAT I, I RECEIVED HIS INFORMATION SO WE KNOW HOW TO GO FORWARD AND, AND BE THE BEST SERVANTS, PUBLIC SERVANTS.
I BELIEVE THAT WE WOULD WANT TO BE.
AND IT'S, IT'S VERY HARD TO BE A GOOD SERVICE IF YOU DON'T HAVE THE INFORMATION AS TO HOW YOU'RE SUPPOSED TO BE SERVING.
SO YOU ARE, YOU ASSISTED ME AND THE OTHERS.
WELL, MAYOR AND COUNCIL, I WANT TO THANK YOU.
I WANT TO THANK, UM, MR. BURTON AND, AND VAL, VALERIE FOR THE ASSISTANCE OF ELISIA FOR THE ASSISTANCE.
AND, UH, I'M MORE THAN WILLING TO HELP ANY WAY I CAN IN THE FUTURE.
I'M, UH, I HAVE A MEETING TOMORROW MORNING, BUT AS SOON AS THAT MEANS OVER WITH, I'M PROBABLY GONNA GET ONLINE TO SEE HOW THE JOINT WORKSHOP GOES.
AND WITH THAT BEING SAID, UH, THIS IS THE TRAINING I'M READY TO, UH, UNLESS MY ATTORNEY TELLS ME SOMETHING DIFFERENTLY, I'M READY TO, UH, ENTERTAIN A MOTION FOR ADJOURNMENT.
UH, COUNCILMAN, A COUPLE WENT HOME, SOME OLD MAN.
UH, WE ARE READY FOR QUESTION ON THIS ALL IN FAVOR, ANY OPPOSED AS YOU MAY STAY, THE MEETING IS OVER.