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[00:00:02]

THE FIRST THING WE'LL,

[1. Call to order and roll call of members]

UH, DO IS, UH, HAVE A ROLL CALL OF MEMBERS.

UH, PAM MARLE IS NOT HERE AT THIS POINT.

FRANK DOMINGUEZ? HERE.

HERE.

ANGIE MES? HERE.

PAUL MAYS.

JOEL DICKERSON IS NOT HERE.

MATTHEW HYDE.

HERE.

JAMES WABA.

HERE.

RUTH MORRISON.

SO WE DO HAVE SIX AND WE HAVE A QUORUM.

SO WE WILL CALL A MEETING TO ORDER AT SIX O'CLOCK, AND I'M GONNA MARK OFF THIS, WE DO NOT HAVE ANY PUBLIC HEARINGS DOWN THERE, UH, TODAY.

SO, NEXT

[2. Approval of August 4, 2025 minutes]

ITEM THAT WE HAVE TO CON, UH, CONSIDER IS THE APPROVAL OF THE MINUTES OF THE AUGUST 4TH MEETING.

EVERYBODY HAS RECEIVED A, A COPY OF THAT.

IF YOU HAVE ANY CORRECTIONS OR ADDITIONS, WE'LL ENTERTAIN THOSE AT THIS TIME.

IF NOT, WE'LL JUST CONSIDER THOSE APPROVED AS SUBMITTED.

DO WE HAVE ANY CITIZENS, ANY OF YOU GUYS OUT THERE IN THE AUDIENCE WANT TO ADDRESS THE COMMISSION TODAY? NO.

THERE, THERE'S NOBODY HERE.

OKAY.

SO WE'LL

[4. New Business]

JUST MOVE ON TO ITEM NUMBER FOUR, NEW BUSINESS.

CONSIDER AND TAKE ACTION ON A VARIANCE TO CHAPTER 50 OF THE CITY OF LEAGUE CITY CODE OF ORDINANCES ENTITLED FLOODS TO CONSTRUCT AN AN ACCESSORY STRUCTURE, APPROXIMATELY 2200 SQUARE FEET IN SIZE AT 1813 PORT GLEN DRIVE.

AND WE HAVE GOOD EVENING.

UH, LADIES AND GENTLEMEN OF THE COMMISSION, I WANNA, UH, INTRODUCE MYSELF FIRST.

MATTHEW BROWN, ASSISTANT CITY ENGINEER WITH THE, UH, CITY OF LEAGUE CITY.

I ALSO WANT TO INTRODUCE YOU TO JOSLYN AMAYA.

SHE'S, UH, A RECENT ADDITION TO THE, UH, LEAGUE CITIES ENGINEERING TEAM.

SHE'S OUR NEW FLOODPLAIN ADMINISTRATOR, AND, UH, YOU'LL OCCASIONALLY SEE HER AT THESE MEETINGS ON INSTANCES LIKE THIS, WHERE WE'RE LOOKING AT FLOOD FLOW VARIANCES.

SO, UH, JOCELYN, I'LL LET YOU TAKE IT AWAY.

THAT'S GOOD TO HAVE YOU.

THIS IS HER FIRST, UH, FIRST MEETING, SO YES, THAT'S A GOOD THING.

SO, THANK, THANK YOU, MATT .

UM, MY NAME IS JOSLYN AMAYA.

LIKE MATT SAID, I AM THE NEW FLOODPLAIN ADMINISTRATOR, DRAINAGE ENGINEER FOR LEAGUE CITY, SO IT'S NICE TO MEET EVERYONE.

SO TODAY, UM, THERE'S ONLY ONE THING THAT I'LL MENTION BEFORE YOU GET STARTED.

MM-HMM .

SOME OF US, I DON'T KNOW, I CAN'T SPEAK FOR EVERYBODY, BUT SOME OF US CAN'T HEAR, SO YOU NEED TO BE SURE YOU TALK RIGHT INTO THE, INTO THE MICROPHONE.

YOU'D BE GOOD.

OKAY.

IS THIS GOOD? PREVIOUS? SO TODAY I AM GONNA BE TALKING ABOUT THE CONSIDERATION AND TAKING AN ACTION ON A VARIANCE TO OUR CHAPTER 50.

SO THE TITLE OF THE CHAPTER IS FLOODS FOR OUR CODE OF ORDINANCES FOR LEAGUE CITY.

SO THERE IS A PROPOSAL TO CONSTRUCT AN ACCESSORY STRUCTURE.

IT IS ABOUT 2,200 SQUARE FEET, AND THE ADDRESS IS 1813 PORT GLEN DRIVE.

SO, INTRODUCTION, SO FIRST, A GENERAL AREA OF THE ADDRESS, UH, YOU GUYS CAN SEE IN THE MAP.

THAT'S LEAGUE CITY AROUND THE SOUTHEAST CORNER, WHERE THAT RED DOT, THAT IS THE AREA THAT WE'RE GONNA BE TALKING ABOUT.

AND AGAIN, THE ADDRESS IS 1813 PORT GLEN.

SO THIS IS A PLAT MAP OF THAT PART OF THE NEIGHBORHOOD WHERE THE PROPERTY'S LOCATED, OUTLINED IN RED IS THE LOCATION OF THE, THE BOUNDARY OF THE PROPERTY.

SO YOU GUYS CAN SEE IT'S OFF OF PORT GLEN DRIVE.

SO MAYBE A SLIGHTLY EASIER IMAGE TO SEE IS THE AERIAL MAPS OF THE ADDRESS.

SO IT'S OUTLINED IN WHITE, AND YOU GUYS CAN SEE THAT THE, SO THE ADDRESS OUTLINED IN WHITE, THAT'S THE ONE THAT I'M TALKING ABOUT.

SO HERE IS AN AERIAL IMAGE OF THAT PART OF THE NEIGHBORHOOD.

AND THEN NEXT, THIS IS THE PROPOSED SITE PLAN.

SO IN THE NEXT IMAGES, I'M GONNA SHOW HOPEFULLY EASIER TO DIGEST IMAGES OF THE EXISTING HOME.

SO, OKAY, IN DARK GRAY, YOU GUYS CAN SEE THE EXISTING PROPERTY AND THE LIGHTER GRAY.

YOU GUYS

[00:05:01]

CAN SEE THE EXISTING DRIVEWAY AND THE FLOWER WORK, AND THEN ALSO THE POOL.

BUT IN THE PROPOSED YES.

WHAT IS BEING PROPOSED? THE, THE STRUCTURE, IT'S ALSO GONNA BE IN DARK GRAY AND IN LIGHTER, LIGHTER GRAY.

SO YOU GUYS CAN SEE THAT, UM, IT IS ADJACENT TO THE EXISTING DRIVEWAY AND THE POOL AREA.

SO IT'S GONNA BE, AGAIN, 2,200 SQUARE FEET.

AND, UM, IT'S GONNA BE A SINGLE STORY RESIDENCE.

SO BASICALLY THE VARIANCE THAT IS BEING REQUESTED IS TO OUR CURRENT ORDINANCE.

I GUESS TO GIVE A A LITTLE BACKGROUND, SO OUR CURRENT ORDINANCE SAYS THAT WE NEED TO BE TWO FEET ABOVE OUR BFE.

SO TWO FEET ABOVE OUR A HUNDRED YEAR WATER SURFACE, OH, TWO FEET ABOVE OUR BASE FLOOD ELEVATION, AND THREE INCHES ABOVE OUR 500 YEAR FLOOD WATER, UM, ELEVATION.

SO IN EXISTING, OR RIGHT NOW, THE EXISTING STRUCTURE AS AT AN ELEVATION OF 15.38 FEET, RIGHT? THAT THE EXISTING PROPERTY IN THAT AREA IS 15.38 FEET.

THEY ARE PROPOSING THAT THAT NEW STRUCTURE IS GONNA BE AT A SAME ELEVATION AS THEIR EXISTING STRUCTURE.

SO NEW STRUCTURE, SAME FINISHED FLOOR ELEVATION AS THEIR EXISTING STRUCTURE.

WHAT THIS DOES, IT SATISFIES ONE OF THE REQUIREMENTS OF OUR CURTAIN ORDINANCE, WHICH IS THE TWO FEET ABOVE THE A HUNDRED YEAR EFE, BUT IT DOES NOT SATISFY THE SECOND REQUIREMENT OF THE THREE INCHES ABOVE THE 500 YEAR.

BUT WE RECOMMEND THE APPROVAL FOR THE VARIANCE BECAUSE IT DOES SATISFY PART OF OUR ORDINANCE.

THERE ARE NO RECORDS OF THIS PROPERTY FLOODING, AND THE PROPOSED ADDITION DOES NOT APPEAR TO CREATE ANY LONG-TERM FLOODING CONCERNS.

SO TO SUMMARIZE, IT SATISFIES PART OF OUR ORDINANCE, OUR CURRENT ONE, AND, UM, WE DON'T SEE FORESEE FROM ANY ADDITIONAL LONG-TERM CONCERN.

OKAY.

VERY GOOD.

UH, ANY QUESTIONS OF STAFF BY ANYBODY? IS THIS MARBELLA, WHISPERING LAKE? WHISPERING LAKES? WHAT THE OTHER WAY? WHISPER.

I'M LOOKING AT THE MAP WEBSITE.

, I WAS LOOKING AT THE, AT THE STREET NAME.

I WAS LIKE, THAT LOOKS FAMILIAR.

OKAY.

UM, IS IT A GARAGE? IT IS .

SO IT IS PART OF A GARAGE LIVING AREA AND COVERED PATIO.

I, IT'S THE, THE, UH, UH, THE LIVING QUARTERS THAT IT IS, IS IT ON TOP OF THE GARAGE OR IS IT IN ADDITION TO THE GARAGE? IT IS IN ADDITION TO THE GARAGE.

IT'S ALL GONNA BE ONE FLOOR.

SO EVERYTHING THAT IS BEING BUILT IS GONNA BE AT THAT FINISH.

BE A ONE ONE STORY ADDITION.

ONE STORY.

MM-HMM .

OKAY.

CAN YOU GO BACK TO THE, UH, THE MAP? OKAY.

WHICH MAP? I COULD HAVE SWORN I SEEN A, SOMETHING THAT SAID LIKE A PAPO, OR IS THAT, WAS I DREAMING ABOUT THAT? OH, PROPOSED CABANA.

OKAY.

THAT'S WHAT IT WAS, THE CABANA.

OKAY.

I WAS GONNA HAVE TO ASK ABOUT THE TOP .

RUTH, DID YOU HAVE ANY, DO YOU HAVE ANY QUESTIONS OF STAFF? I DON'T.

UH, THE, THE PROPERTY OWNERS ARE NOT HERE, OR THEY'RE, THEY'RE NOT HERE TONIGHT.

OKAY.

BUT, UH, THEY'RE FULL, FULLY AWARE THAT THEY'RE BUILDING MORE STRUCTURE IN, IN A POTENTIAL AREA.

SO IT'S, UH, AND THEY'VE, THEY'VE GONE, UH, THEY'VE DONE EVERYTHING THEY'VE NEEDED TO DO TO SAY THAT.

YEAH, WE'RE AWARE OF THAT.

AND, AND, UH, WE'LL GO WITH IT.

SO, UH, WHAT WE'RE DOING IS, IS, UH, AGREEING TO, TO, UH, UH, LET THEM BUILD IN AN AREA THAT THEY NORMALLY WOULDN'T BE ABLE TO BECAUSE OF THE, OF THE, OF THE, UH, ZONING, UH, THE FLOOD FLOOD ZONE.

SO I'LL MAKE THE MOTION THAT WE, WE ALLOW THIS TO BE, UH, GRANT THIS VARIANCE TO BE GRANTED IS YOUR, I JUST ONE MORE QUESTION.

ONE MORE QUESTION.

I, I GUESS I KNOW THAT WE'RE NOT, WE'RE, WE'RE ONLY DEALING WITH FLOOD, RIGHT? SO WE'RE NOT REALLY TALKING ABOUT THE STRUCTURE ITSELF, JUST THE VARIANCE TO BUILD IT.

SAME THING.

YES.

I, I WAS JUST

[00:10:01]

GONNA ASK IF IN THE AREA, ARE THERE OTHER STRUCTURE, LIVING STRUCTURES WHERE THERE'S LIKE A BACKYARD HOUSE OR A NO, NO, THERE IS THE, THE MAIN HOME.

AND THEN AFTER THAT THEY HAVE KIND OF LIKE A PAVED WAY.

AND IN, IN THERE IN THE MIDDLE THERE'S A POOL, BUT THERE'S NO EXISTING, NO, I MEAN, IN THE NEIGHBORHOOD, IS IT CONSISTENT TO HAVE ANOTHER LIVING STRUCTURE SEPARATE FROM THE HOUSE? THE BUT YOUR FLOOD? SO YEAH, THIS, THIS ADDITION IS CONSISTENT WITH, WITH SOME OTHER IMPROVEMENTS THAT PROPERTIES HAVE MADE IN THIS SUBDIVISION.

IN THE SUBDIVISION.

SO YOU'RE SAYING IT'S GONNA BE CONSISTENT WITH, WITH THE SURROUNDING STRUCTURES MM-HMM .

AND IT WON'T STICK OUT LIKE A SORE THUMB.

SO YES.

OKAY.

OKAY.

VERY GOOD.

I'LL, I'LL SECOND AND WE HAVE A SECOND.

IS THERE ANY, UH, ANY FURTHER DISCUSSION OR QUESTIONS? AND WE'LL CALL THE QUESTION? ALL IN FAVOR SAY, AYE.

AYE.

AYE.

OPPOSED? NAY.

MOTION CARRIES SIX ZERO.

THANK YOU.

THANK YOU.

IT WAS TOO EASY FOR YOU TONIGHT THOUGH.

IT'LL, IT'LL GET WORSE.

GREAT JOB, .

GOOD JOB.

WELCOME TO OBESITY'S STAFF.

YOU'RE GOOD.

THANK YOU.

NOW, THE NEXT ITEM THAT WE HAVE, IF YOU, WHEN YOU GOT YOUR AGENDA AND YOU PULLED IT UP AND PRINTED IT OUT, AND YOU GOT THIS TANGLING SENSATION ALL OVER YOUR BODY, IT WAS PROBABLY, YOUR BODY WAS TRYING TO TELL YOU THAT IT WAS EXCITED ABOUT HAVING A PRESENTATION ON ROBERT'S RULES BY, BY MICHELLE REEL.

AND, AND IT IS A SPECIAL TREAT FOR EVERYBODY.

SO, MICHELLE, GO AHEAD AND DO YOUR THING, IF YOU WILL.

YES, I, I, I AM SORRY TO DISAPPOINT SOME OF YOU.

I'M GOING TO HAVE THIS A VERY BRIEF PRECURSOR.

SO OF COURSE, IF YOU WOULD LIKE TO HAVE FURTHER IN-DEPTH QUESTIONS AT ANY POINT, I'M HAPPY TO ANSWER THOSE, UM, AFTER THE MEETING, OR WE CAN SET A INDIVIDUAL SESSION, I'M HAPPY TO DISCUSS WITH MY OFFICE.

THE POINT OF THIS IS TO GO VERY BRIEFLY THROUGH THE HIGH POINTS.

IF YOU HAVE ANY QUESTIONS, LET ME KNOW.

FEEL FREE TO INTERRUPT.

I'M GONNA KIND OF GO THROUGH THIS.

THIS IS THE SAME ORDER WE ALWAYS DO.

I CAN PROVIDE YOU A COPY OF THIS IF YOU'D LIKE.

THE POINT IS NOT TO MAKE YOU EXPERTS AND ROBERT RULES OF ORDER.

FRANKLY, THAT'S FOR MYSELF AND FOR STAFF.

THE POINT IS JUST TO LET YOU KNOW THAT THESE ARE SOME ISSUES TO BE GENERALLY AWARE OF, BUT NOT TO BE EXPERTS ON STAFF IS HERE TO ADVISE YOU ON ANY PARTICULAR QUESTIONS RELATED TO THESE.

SO FIRST WE WANNA TALK ABOUT THE ROLES OF THE P AND Z COMMISSION.

UM, WE'LL PROBABLY NEED TO UPDATE THIS.

UH, PREVIOUSLY WE, WE HAVE CHANGED THE ROLES OF, UH, P AND Z AND THAT PREVIOUSLY ALL PLATS HAD TO COME BEFORE YOU.

NOW, IF IT MEET CERTAIN ORDINANCE AND STATUTORY CRITERIA, IT ACTUALLY GETS APPROVED UNLESS THERE'S CERTAIN EXCEPTIONS.

SO FOR THE MOST PART, A LOT OF THOSE ROUTINE TYPE OF PLATS WHERE IT'S NO DRAMA, EVERYTHING IS ACCORDING TO CITY ORDINANCE, THOSE THINGS WILL ACTUALLY BE APPROVED ADMINISTRATIVELY AS AUTHORIZED BY SOME NEW STATUTES THAT THE LEGISLATURE PASSED.

THEY WANTED THINGS TO BE MORE STREAMLINED.

AND SO WE CERTAINLY WANT TO BE IN LOCKSTEP WITH THAT.

SO THESE ARE KIND OF THE GENERAL MATTERS AT, UH, THAT THE P AND Z DEALS WITH.

YOU ARE BOTH A ADVISORY BOARD AND ALSO A QUASI JUDICIAL BOARD.

THE DIFFERENCE BETWEEN THOSE IS THERE ARE SOME DECISIONS THAT YOU MAKE THAT ARE END OF DECISION.

THERE'S NO ONE ELSE TO APPEAL TO.

UM, YOU DON'T MAKE A RECOMMENDATION TO, TO ANYONE.

YOU MAKE A DECISION AND THAT IS IT.

AND IF THEY DON'T LIKE IT, THEY BASICALLY HAVE TO SUE THE CITY.

AND SO BECAUSE OF THAT, YOU ARE AT A HIGHER STANDARD THAN SOME OTHER BOARDS.

AND SO YOU HAVE TO COMPLY WITH VARIOUS REQUIREMENTS.

SO THE EFFECT OF, UH, OTHER PART OF DECISIONS THAT YOU MAY MAKE IS YOU MAY ALSO MAKE SOME RECOMMENDATIONS.

UM, THERE IS A WHOLE UNIFIED DEVELOPMENT CODE THAT IS IN CHAPTER 1 25.

OUR CODE OF ORDINANCES, ANY INTERESTED CITIZENS CAN LOOK AT IT, UM, ONLINE THROUGH OUR MUNI CODE WEBSITE.

UM, ANY CHANGES TO THOSE COME FIRST TO THIS BOARD FOR RECOMMENDATION FOR CONSIDERATION, AND THEN THIS BOARD WILL THEN MAKE A RECOMMENDATION ONE WAY OR THE OTHER TO THE CITY COUNCIL, CITY COUNCIL.

AND THOSE INSTANCES ARE GOING TO BE THE FINAL DECIDERS OF THAT PARTICULAR ISSUE.

BUT THEY CERTAINLY LIKE THIS BOARD BECAUSE YOU'RE DEDICATED TO LAND USE AND ZONING ISSUES.

THEY LIKE YOU TO GIVE AN OPINION AND KIND OF STUDY ON IT BEFORE IT GET ACT, IT ACTUALLY GOES TO CITY COUNCIL.

SO AGAIN, I'M GOING THROUGH SOME OF THESE.

IF YOU EVER HAVE ANY QUESTIONS, AGAIN, STAFF IS HAPPY TO PROVIDE A COPY OF THESE.

THIS IS A VERY COMPREHENSIVE POWERPOINT, UM, UH, PRESENTATION.

SO WE'RE ABLE TO KIND OF GIVE THIS TO YOU IF YOU WANT.

UM, SO I WILL SAY THIS.

UM, WE LIKE TO GET OPINIONS FROM OUR BOARDS, BUT WE ALSO WANT TO BE CAREFUL AND RESPECTFUL OF WHAT COUNCIL WANTS.

ITS HOW IT WANTS ITS BOARDS TO OPERATE.

AND SO YOU WILL SEE CERTAINLY THE STATUTORY PARTS WHERE YOU OPINE ON PLATS AND SUBDIVISION MATS AND MASTER PLANS, THAT SORT OF THING,

[00:15:01]

UM, THAT IS SET BY STATUTE AND THAT'S COMPLETELY CONTROLLED ON THAT.

BUT THERE MAY BE OTHER THINGS THAT CITY COUNCIL WANTS YOU TO GIVE AN OPINION ON BECAUSE YOU'RE, YOU'RE IN THIS AREA, YOU HAVE A, A MATTER OF EXPERTISE IN IT.

AND SO COUNSEL LIKES THIS BOARD.

THEY CONSIDER IT TO BE EXPERTS.

THEY WANT YOU TO GIVE AN OPINION ABOUT THAT.

THAT BEING SAID, THERE'S ONLY A CERTAIN CRITERIA OF OPINIONS, UM, THAT IT MAY WANT YOU TO GIVE AN OPINION ON.

FOR INSTANCE, IF IT, UM, THERE MAY BE ISSUES RELATED TO EMPLOYMENT POLICIES, HR REVIEWS, UM, HOW THE CITY DOES ITS BUDGETING PROCESS, UM, HOW IT ENFORCES WITH PUBLIC SAFETY, HOW IT DOES FIRE SUPPRESSION SERVICES.

THOSE ARE NOT WITHIN THE ENUMERATED AND, AND BULLETED POINTS OF THINGS THEY WANT YOU TO CONSIDER.

SO WHENEVER WE BRING ITEMS TO YOU, ONE OF THE STAFF'S ROLE IS TO MAKE IT VERY CLEAR WHAT IS THE SCOPE OF THE REVIEW THAT WE'RE ASKING THE BOARD TO CONSIDER.

NOT, OBVIOUSLY, IT'S NOT A FREE FOR ALL.

IT'S IT'S VERY LIMITED.

AND, AND WE LIKE TO BE VERY RESPECTFUL AND CAREFUL WITH HOW WE BRING THINGS TO YOU AND HOW YOU WORD IT SO THAT THERE'S NO CONFUSION IN THAT SENSE, WHICH THERE USUALLY, THERE USUALLY ISN'T IN THAT IN THIS MATTER, BUT WE JUST LIKE TO, IT IS POSSIBLE FOR SOME BOARDS TO START VEERING OFF INTO THINGS THAT ARE OUTSIDE OF COUNCIL'S DESIGNATED PURVIEW FOR THAT BOARD.

SO WE LIKE TO BE CAREFUL OF THAT.

PROCEDURES FOR MEETINGS, UM, WE HAVE TO HAVE A QUORUM.

IN THIS CASE, THERE'S EIGHT COMMISSIONERS.

SO ACTUALLY A QUORUM IS GOING TO BE FIVE.

UM, WE HAVE A STRONG CHAIR FORM OF, OF KIND OF PROTOCOLS.

WE FOLLOW ROBERT'S RULES.

SO IT REALLY REQUIRES THE CHAIRPERSON TO KIND OF LEAD THE MEETING.

I WILL SAY ROBERT'S RULES TECHNICALLY IS, IS WRITTEN AS A KIND OF ADVISORY GUIDELINES.

AND SO IF WE HAVE THE OCCASIONAL IRREGULARITIES OR OCCASIONAL DEVIATIONS, THAT DOESN'T INVALIDATE ANY ACTIONS.

UM, SOMETIMES JUST A LOT OF THINGS COME UP AND ROBERT'S RULES ISN'T A COMPLETE PLAY BY PLAY.

THERE'S SOME THINGS THAT WE HAVE TO MAKE JUDGMENT CALLS ON THAT IS OKAY, THAT IS PERMISSIBLE.

UM, AS LONG AS THINGS, WE TRY TO ALWAYS ERR ON THE SIDE OF PROVIDING PEOPLE THE OPPORTUNITY TO BE HEARD, ALLOW OTHER MEMBERS AND THE BOARD MEMBERS AND OPPORTUNITY TO MAKE THEIR COMMENTS.

GENERALLY THINGS ARE ACCEPTED, BUT GENERALLY, UM, WE LOOK TO THE CHAIR TO BE ABLE TO CONTROL THAT.

AND IF THE CHAIR IS NOT HERE, THE VICE CHAIR, AND IF THE VICE CHAIR IS NOT HERE, THEN WHAT WE USUALLY DO, AND THAT'S HAPPENED A COUPLE OF TIMES, UM, THE PEOPLE WHO DO SHOW UP, WE JUST, AT THE BEGINNING OF THE MEETING BEFORE WE CALL, ROLL CALL, SOMEONE DECIDES TO ACT AS THE CHAIR FOR THAT PARTICULAR MEETING.

AND THEN THAT PERSON WILL THEN TAKE ON THE ROLE AND BE ABLE TO ISSUE KIND OF THOSE PROCEDURAL DECISIONS THAT NEED TO BE, NEED TO BE DECIDED FOR THAT MEETING.

SO IN THIS CASE, MY ROLE OR THE ROLE OF ANYONE, IF I'M NOT HERE, ANY OF A PERSON FROM OUR OFFICE, I'M CONSIDERED WHAT'S CALLED THE PARLIAMENTARIAN.

PARLIAMENTARIAN IS SOMEONE WHO I HAVE A LIST OF ALL THE RULES.

AND SO IF THERE'S A QUESTION AS FAR AS, HEY, DO WE NEED A SECOND FOR THIS MOTION, OR DO WE JUST VOTE ON IT? HOW DO WE CALL THE QUESTION, HOW DO WE WORD A PARTICULAR MOTION? THOSE TYPE OF QUESTIONS PROCEDURAL, AS LONG AS IT'S NOT A SUBSTANTIVE QUESTION ABOUT WHETHER OR NOT YOU SHOULD APPROVE SOMETHING OR SHOULDN'T APPROVE SOMETHING, IF IT'S JUST PROCEDURAL.

THAT IS WHAT I'M HERE FOR.

I'M HERE TO PROVIDE YOU THAT TYPE OF SUPPORT.

AND ALSO I IDENTIFY ANY PROCEDURAL ISSUES THAT MAY COMPLICATE, UM, A VOTE THAT YOU MIGHT TAKE ON JUST TO KIND OF FULLY ADVISE YOU.

BUT I'M NOT HERE AND IT'S INAPPROPRIATE FOR ME TO, UM, KIND OF OPINE ON ANYTHING RELATED TO THE SUBSTANTIVE, UH, NATURE OF YOUR THINGS UNLESS I'M GIVING YOU A HEADS UP ABOUT ANY SORT OF POTENTIAL LIABILITY ISSUES.

AND THEN AT THAT POINT, I'M HERE TO ADVISE YOU.

UM, WE ALWAYS HAVE THE ABILITY TO GO IN EXECUTIVE SESSION.

SO IF THERE'S ANY ISSUES THAT, UM, ARE SENSITIVE, BECAUSE AGAIN, THIS IS GOING TO ALL BE PUBLICIZED.

THIS IS ALL RECORDED.

EVERYONE CAN WATCH THIS.

SO IF THERE'S ANY ISSUES THAT I FEEL ATTORNEY-CLIENT PRIVILEGE REQUIRES US TO TALKING IN, UH, CONFIDENCE, THEN I MIGHT KIND OF SIGNAL TO THE CHAIR.

I'M HAPPY TO PROVIDE FURTHER INFORMATION IN EXECUTIVE SESSION.

IN WHICH CASE OUR PROTOCOL WOULD BE TO RECESS THE SESSION, GO INTO EXECUTIVE SESSION.

I WOULD ONLY BE ABLE TO ADVISE YOU IN TERMS OF ATTORNEY-CLIENT COMMUNICATIONS AT THE CONCLUSION OF WHICH WE WOULD HAVE TO COME BACK OUT BECAUSE ANY DELIBERATION WOULD HAVE TO BE IN THE PUBLIC.

THAT IS A REQUIREMENT OF TOMA, TOOMA, ISS, TEXAS OPEN MEETINGS ACT.

WE JUST CALL IT TOMA FOR SHORT.

SO THERE'S VARIOUS, UH, MOTIONS, UM, MAIN MOTIONS.

USUALLY IN ORDER TO HAVE A MOTION, YOU NEED TO HAVE THE INITIAL MOTION AND THEN YOU NEED TO HAVE A SECOND.

ONCE THAT HAPPENS AT THAT POINT, AFTER THE SECOND IS WHEN YOU CAN HAVE DISCUSSION.

DISCUSSION CAN MEAN LIVELY.

UM, UH, CITY COUNCIL I THINK SOMETIMES LIMITS ITS DISCUSSION.

UM, SOMETIMES IF THINGS KIND OF GO AROUND AND ROUND, YOU CAN CALL THE QUESTION, UM, OR YOU CAN KIND OF CONTINUE THE DEBATE.

IT'S KIND OF UP TO HOW THE, THE DISCUSSION IS PROGRESSING AND KIND OF HOW THE CHAIR IS AS WELL.

AND I WILL SAY TOO, EVEN THOUGH THE CHAIR DOES HAVE INCREDIBLE AMOUNT OF AUTHORITY TO KIND OF KEEP ORDER AND DECORUM WITHIN, NOT JUST AMONG THE BOARD ITSELF, BUT ALSO IN THE CHAMBERS, THE CHAIR ACTUALLY IS NOT, UM, UNLIMITED POWER.

HE CAN BE OVERRULED.

SO IF HE EVER MAKES A CALL THAT YOU JUST DISAGREE WITH, YOU CAN ACTUALLY, UH, MAKE A MOTION TO OVERRULE HIM.

AND THEN IF THE BOARD VOTES FOR THAT, THAT CAN BE HAPPEN AS WELL.

SO UNDERSTAND, THERE'S ALL OF, UH, ALL OF THESE, UH, REQUIREMENTS AND ALL OF THESE RULES AND ALL THESE AUTHORITIES.

THERE'S CHECKS AND BALANCES BUILT INTO EVERYTHING.

SO

[00:20:01]

WANTED TO KIND OF MAKE YOU AWARE THAT THAT'S ALWAYS AN OPTION.

SO THESE ARE SOME COMMON MOTIONS.

MOTION TO AMEND, MOTION TO POSTPONE.

UM, IF YOU TABLE THINGS, IF YOU CALL A PREVIOUS QUESTION, IF YOU RECONSIDER, UM, ALL OF THESE REQUIRE MOTIONS AND SECONDS.

UM, AND REMEMBER, IT'S, IT'S, IT'S THE MAJORITY.

IT'S A MAJORITY VOTE THAT PASSES.

SO IF THIS IS AN EIGHT MEMBER BOARD, YOU NEED FIVE VOTES TO PASS A MOTION.

WHAT THAT MEANS IS IF YOU HAVE A TIE VOTE, A TIE VOTE FAILS.

IT'S THE SAME AS IF YOU HAD A, YOU KNOW, A TIE VOTE WHERE NO ONE VOTED FOR IT.

SO JUST KIND OF KEEP THAT IN YOUR MIND THAT IF YOU EVER HAVE A TIE VOTE, AND SOMETIMES WE'LL COUNT, UM, WE'LL COUNT THE VOTES, THEN THAT IS A FAILED VOTE.

ALSO, YOU SHOULD BE AWARE AND STAFF WILL GIVE YOU, UM, IN OUR STAFF REPORT, WE, WE STAFF IS PRETTY GOOD ABOUT LETTING YOU KNOW, THERE ARE CERTAIN THINGS THAT, UM, IF THERE'S CERTAIN STATUTORY LIKE PROTESTS THAT ARE FILED OR SOMETHING, SOMETIMES IT'LL REQUIRE A SUPER MAJORITY VOTE.

IN WHICH CASE IT'S POSSIBLE THAT YOU CAN STILL RECEIVE A FIVE PERSON VOTE.

YOU THINK IT PASSES.

BUT BECAUSE THE STATUTE REQUIRES A SUPER MAJORITY, IT ACTUALLY FAILS.

SO IF THAT WERE TO HAPPEN, WE LIKE TO BE VERY GOOD ABOUT GIVING YOU GUYS NOTICE IN ADVANCE SO THAT YOU KIND OF KNOW, HEY, YOU KNOW, YOU'LL HAVE A FIVE PERSON VOTE, BUT THEN THE CHAIR WILL AT LEAST KNOW, WELL, FIVE VOTES, BUT IT FAILS BECAUSE THE STATUTE REQUIRES A SUPER MAJORITY.

AND SO WE TRY TO GIVE YOU A HEADS UP ABOUT THAT AS WELL.

SO YOU DO HAVE A SET OF BYLAWS.

I WILL SAY THE BYLAWS SHOULD NOT BE CONSIDERED ANY SORT OF REGULATIONS.

THEY'RE NOT AKIN TO CITY ORDINANCES.

WHAT THEY ARE IS PROCEDURAL INTERNAL PROCEDURALS AMONG THE BOARD.

THAT BEING SAID, UM, THE BYLAWS HAVE BEEN APPROVED BY CITY COUNCIL.

SO ANY DEVIATION FROM THEM, UM, IF IT'S SOMETHING THAT WE WANTED TO DO, CHANGE THE DAY OF MEETINGS OR WHATEVER IT IS, WE WOULD NEED, UM, EVENTUALLY TO KIND OF HAVE COUNSEL APPROVE THAT, UM, VIA RESOLUTION AND SO FORTH.

IT DOESN'T TAKE AN ORDINANCE, IT'S JUST A RESOLUTION.

BUT JUST BE AWARE THAT IT'S NOT SOMETHING THAT THE BOARD CAN DO BY ITSELF.

IT'S SOMETHING THAT ONCE YOU DO, COUNSEL ALSO HAS TO KIND OF RATIFY.

SO HERE'S SOME GENERAL LIABILITY OF INFORMATION ABOUT KIND OF YOU'RE ALL GOVERNMENT, UM, VOLUNTEERS.

BASICALLY YOU ARE SPENDING YOUR TIME TO HELP THE CITY KIND OF THROUGH ITS DEVELOPMENTAL ISSUES.

WE APPRECIATE THAT FOR THE MOST PART, WHAT YOU DO IN THE ACTIONS ON THIS BOARD ARE GOING TO BE PROTECTED UNDER THE CITY'S LIABILITY INSURANCE.

SO IF SOMEONE WERE TO BE AGGRIEVED, UPSET WITH THE DECISION AND THEY WANTED TO SUE THE CITY AND ALSO NAME YOU GUYS IN THE LAWSUIT, WE'D BE ABLE TO COVER THAT.

THERE'S SOME EXCEPTIONS TO THAT.

I WANTED TO GIVE YOU A HEADS UP ON THE EXCEPTIONS FOR THAT ARE GENERALLY, UM, THE PROTECTION FOR THAT COVERS OFFICIAL ACTS.

WHAT ARE NONOFFICIAL ACTS? NONOFFICIAL ACTS ARE CALLED ULTRA VERE LATIN TERM.

IT'S JUST OUTSIDE OF THE SCOPE OF IT.

THIS IS WHY WHEN I WAS TELLING YOU FURTHER HOW WHEN COUNSEL PASSES AN ORDINANCE AND SAYS, THESE ARE THE ONLY THINGS THAT WE WANT YOU, THIS BOARD TO CONSIDER.

STAFF WANTS TO BE VERY CAREFUL THAT WE ONLY LET YOU DEAL IN THOSE ISSUES.

IF YOU START DOING THINGS OR PASSING THINGS THAT ARE OUTSIDE OF THE ACCEPTED SCOPE OF THE DELEGATION OF AUTHORITY, THAT COUNSEL HAS PASSED TO THIS BOARD AND YOU DO SOMETHING AND YOU GET SUED OR WE GET SUED, UM, FOR AN ACTION THAT YOU TAKE.

IT COULD BE SOMETHING THAT'S OUTSIDE OF THE SCOPE OF AUTHORITY.

THAT'S WHY WE'RE HERE TO KIND OF MAKE SURE, GIVE YOU GUYS A HEADS UP, LET YOU KNOW LIKE, HEY, YOU DON'T HAVE THE AUTHORITY TO KIND OF, OR THIS IS NOT REALLY OUTSIDE THE PURVIEW OF THE BOARD AND SO FORTH.

WE TRY TO GIVE YOU A HEADS UP, UM, AND LET YOU KNOW ABOUT SOME OF THOSE ISSUES.

BUT JUST KIND OF, THAT'S WHERE YOU MAY NOT BE ABLE TO, UM, HAVE COME UNDER THE UMBRELLA OF THE CITY'S GENERAL LIABILITY INSURANCE ISSUE, ISSUES LIKE THAT.

BUT AGAIN, WE LIKE TO BE VERY CAREFUL AND KIND OF GIVE YOU GUYS STAFF REPORTS.

AND I'M ALWAYS HERE TO KIND OF RAISE ISSUES, UM, FOR YOUR AWARENESS AS WELL.

UM, YOU ARE SUBJECT TO THE TEXAS OPEN MEETINGS ACT.

THAT MEANS, FRANKLY, I'D LIKE TO TAKE A STEP BACK.

THE REASON YOU'RE ON THIS COMMITTEE IS BECAUSE COUNCIL HAS RECOGNIZED THAT YOU HAVE EXPERTISE IN THE DEVELOPMENT AREA, EITHER PROFESSIONALLY OR THROUGH YOUR KNOWLEDGE OF THE COMMUNITY.

SO THIS IS SOMETHING THAT YOU, BEING ON THIS BOARD, YOU BRING VALUE TO THE BOARD.

THAT BEING SAID, UM, THERE MAY BE INSTANCES WHERE YOU'RE TALKING TO SOME DEVELOPERS, YOU'RE TALKING TO SOME PEOPLE WHO WANNA COME IN HERE.

PLEASE BE CAUTIOUS OF THAT.

UM, ANYTHING THAT, ANY SUBJECT MATTER THAT COULD POTENTIALLY COME BEFORE THE BOARD, IF YOU HAVE A DEVELOPER COMES IN, THEY WANNA GIVE YOU A LITTLE HEADS UP ABOUT SOMETHING.

UM, ESPECIALLY IF THERE'S A QUORUM OF YOU AVAILABLE.

IT NEEDS TO BE SOMETHING THAT REALLY NEEDS TO BE AT A POSTED AGENDA MEETING.

THE IDEA BEHIND THAT, IT'S IF THERE'S ANY SORT OF, UM, DISCRETIONARY DECISION THAT YOU HAVE TO SAY, GET A CHANCE TO SAY YES OR NO AT, IT HAS TO BE OPEN TO THE PUBLIC.

'CAUSE THE PUBLIC NEED HAS AN OPPORTUNITY TO AT LEAST HEAR WHAT YOUR DELIBERATION IS ABOUT.

SO JUST BE CAUTIOUS WHEN YOU'RE TALKING ABOUT MATTERS, ESPECIALLY WHEN THERE'S A QUORUM OF YOU, UM, ABOUT MATTERS THAT MAY COME BEFORE THIS BOARD.

YOU NEED TO BE VERY CAREFUL OF THAT.

WE, UM, DON'T POLICE YOUR TEXT MESSAGES.

WE DON'T POLICE YOUR EMAILS, WE DON'T HAVE ACCESS TO THEM.

UM, ALL WE DO IS KIND OF LET YOU KNOW WHAT THE LAW IS IF YOU HAVE ANY QUESTIONS OR YOU'RE CONCERNED.

AND OCCASIONALLY I DO, I DO HAVE MEMBERS WHO COME AND SAY, HEY, I'M CONNECTED TO THIS DEVELOPER.

I THINK HE'S GONNA COME IN.

WHAT ARE YOUR THOUGHTS? AND AT THAT POINT WE DO A CASE BY CASE ANALYSIS TO DETERMINE, HEY, CAN NOW CAN

[00:25:01]

YOU LET ME KNOW A LITTLE BIT MORE INFORMATION? ARE YOU FINANCIALLY CONNECTED TO THEM? ARE YOU AN INVESTOR WITH THEM? ARE YOU DOING THIS? WE'LL ASK YOU QUESTIONS LIKE THAT TO DETERMINE IF THERE ACTUALLY IS A LEGAL, UM, KIND OF CONFLICT OF INTEREST.

SOMETIMES THERE ISN'T.

A LOT OF TIMES THERE ISN'T.

BUT YOU MAY JUST FEEL, HEY, OUT OF THE APPEARANCE OF IMPROPRIETY, I'M JUST GONNA GO AHEAD AND ABSTAIN.

THAT'S PERMISSIBLE.

THAT BEING SAID, WE DO LIKE YOU TO ERR ON THE SIDE OF VOTING IF AT ALL POSSIBLE.

SO IN ADDITION TO TOMA, YOU ARE ALSO SUBJECT TO, LET'S SEE, TEXAS PUBLIC INFORMATION ACT.

YOU ARE A GOVERNMENTAL OFFICIAL.

JUST BECAUSE YOU MAY NOT HAVE A CITY EMAIL DOES NOT MEAN THAT YOUR TEXT MESSAGES AND YOUR EMAILS ARE NOT SUBJECT TO THE PUBLIC INFORMATION ACT.

HOW THIS WOULD WORK OUT IS WE WOULD HAVE MAYBE A REQUEST SUBMITTED TO THE CITY FROM A DEVELOPER THAT SAYS, HEY, I WANT ALL OF THE EMAILS, UM, BETWEEN, UH, THE P AND Z MEMBERS, UH, ABOUT THIS PARTICULAR DEVELOPER.

AND WHAT WE'LL DO IS, BECAUSE WE DON'T HAVE ACCESS TO YOUR EMAILS OR YOUR TEXT MESSAGES OR ANY OTHER TYPE OF ELECTRONIC CORRESPONDENCE, WE'LL SEND AN EMAIL OUT TO YOU AND IT'S ON THE HONOR SYSTEM.

WE'LL BASICALLY SAY, HEY, WE HAVE A COPY OF THIS REQUEST.

THEY'RE ASKING FOR ANYTHING RESPONSIVE.

IF YOU HAVE ANYTHING RESPONSIVE, PLEASE PROVIDE IT TO US WITHIN THIS TIME PERIOD AND YOU WOULD NEED TO RESPOND IT TO US.

UM, FAILURE TO COMPLY WITH BOTH OPEN MEETINGS AND, UH, OPEN RECORDS ACT OR TEXAS PUBLIC INFORMATION ACT DOES HAVE SOME CRIMINAL PENALTIES, SO IT'S SOMETHING TO BE AND SOME CIVIL PENALTIES AS WELL.

UM, SO IT'S SOMETHING TO BE, UH, AWARE OF.

NOW I WILL SAY A LOT OF THIS IS KIND OF LIKE DEPENDING ON WHAT INFORMATION IS ACCESSIBLE, WE ALWAYS ENCOURAGE YOU, IF YOU HAVE ANY QUESTIONS, REACH OUT TO US, LET US KNOW.

UM, ALSO, IF RECORDS DON'T EXIST, THEN THERE'S NOTHING RESPONSIVE.

SO, SO IF YOU HAVE A QUESTION, PICK UP A PHONE CALL.

UM, I ALWAYS TELL ELECTED OFFICIALS, IT DOESN'T COST ANYTHING TO, YOU KNOW, PICK UP THE PHONE CALL.

I CAN LEAVE YOU WITH MY CELL PHONE.

ANYTIME YOU HAVE ANY QUESTIONS OR ANY CONCERNS, I AM, I'M ALWAYS AVAILABLE AROUND THE CLOCK, AND BELIEVE ME, I ANSWER, SOMETIMES I ANSWER PHONE CALLS AT LIKE TWO O'CLOCK IN THE MORNING.

SO COMES WITH THE JOB, I'M HAPPY TO DO IT.

I'D RATHER ANSWER THE QUESTION THEN THAN HAVE TO WAIT FOR SOMETHING TO KIND OF BLOOM UP.

SO ALWAYS HAPPY TO ANSWER.

SO WE TALKED ABOUT CONFLICT OF INTEREST.

UM, THAT'S REALLY ALL I HAVE TO SAY ABOUT IT.

UM, AS I SAID, THERE'S KIND OF WAY MORE INFORMATION YOU PROBABLY NEED ABOUT CONFLICT OF INTEREST, BUT IT'S REALLY KIND OF LET US KNOW IF YOU HAVE ANY QUESTIONS.

I THINK YOU WILL PROBABLY HAVE A BETTER IDEA THAN I DO.

WHAT IS A POTENTIAL CONFLICT? AND SO IF YOU HAVE ANY CONCERN, PLEASE GIVE ME A CALL.

LIKE I SAID, IT'S, IT'S NOT A, FOR THE MOST PART, WHEN FORMER AND FORMER BOARD MEMBERS HAVE REACHED OUT TO ME, UM, VERY FEW TIMES, UM, HAS IT EVER BEEN AN ACTUAL LEGAL CONFLICT OF INTEREST THAT ACTUALLY MEETS THE STATUTORY REQUIREMENTS IN ORDER FOR THEM TO HAVE TO BY LAW ABSTAIN OR NOT VOTE ON SOMETHING.

UM, BUT SOMETIMES GOING THROUGH THE PROCESS HELPS THEM UNDERSTAND AND ALSO HELPS 'EM KIND OF, IF HELPS THEM KIND OF GUARD AGAINST CRITICISM FROM PEOPLE SAYING, HEY, HOW DID YOU VOTE ON THIS? AND YOU CAN SAY, WELL ACTUALLY, HERE'S THE LEGAL CRITERIA.

I DON'T FIT THAT.

SO IT IS APPROPRIATE FOR ME TO VOTE ON THAT.

AND LIKE I SAID, YOU'RE ON THIS BOARD BECAUSE OF YOUR CONNECTIONS TO THE DEVELOPMENT COMMUNITY.

SO YOU'RE GONNA KNOW PROBABLY ALL OF THESE PEOPLE YOU'RE GONNA KNOW ABOUT THEIR PROJECTS.

YOU'RE IN THE COMMUNITY, THAT'S WHY YOU'RE ON THIS BOARD.

AND SO YOU'RE NOT GONNA EVER, YOU'RE PROBABLY NEVER GONNA BE UNCONNECTED WITH EVERY SINGLE PROJECT.

SO WE EXPECT THAT IT'S JUST A QUESTION OF ARE YOU KIND OF FINANCIALLY TIED INTO THEM? ARE YOU AN INVESTOR? DO YOU KINDA RECEIVE INCOME FROM THEM? THAT SORT OF THING.

SO THAT BEING SAID, IF YOU HAVE ANY QUESTIONS, HAPPY TO ANSWER ANYTHING OTHER THAN THAT, I THINK THAT CONCLUDES THIS YEAR'S TRAINING.

AND I'LL TURN IT OVER TO WHOEVER HAS IT NEXT.

IS IT CHRIS? AH, LOOK, HE'S SLOW WALKING OVER HERE.

.

NO, THAT, THAT WAS VERY GOOD.

I JUST HAVE A COUPLE OF JUST GENERAL QUESTIONS AND, AND NOT TO, UH, AND YOU MAY HAVE ALREADY COVERED IT, BUT I DIDN'T, UH, I DIDN'T CATCH IT UNDER, UNDER THE, UH, UH, ABSTENTIONS WHEN PEOPLE ABSTAIN, UH, COM, MEMBERS OF THE COMMISSION ABSTAIN AND BECAUSE THEY HAVE A CONFLICT OF INTEREST.

IS THAT, IS THAT WHAT THIS IS ABOUT? THE, THE CONFLICT OF INTEREST, UM, THAT WHAT DOES IT TAKE TO ABSTAIN ON SOMETHING? YOU CAN ABSTAIN FOR ANY REASON, BECAUSE OUR CODE ACTUALLY ALLOWS YOU TO ABSTAIN.

I BELIEVE ALSO FOR THE APRI APPEARANCE OF IMPROPRIETY.

AND SOMETIMES THEY'LL DO THAT JUST BECAUSE THERE'S NO ACTUAL LEGAL CONFLICT, BUT MAYBE IT'S LIKE A CLOSE FRIEND OF YOURS, YOU MAY NOT WANT TO A CLOSE ASSOCIATION, A NEIGHBOR OR SOMETHING LIKE THAT.

AND SO YOU MAY FEEL, HEY, I THINK IT LOOKS A CERTAIN WAY AND SO I DON'T WANNA ACTUALLY PARTICIPATE IN THE VOTE AS FAR AS IF IT'S AN ACTUAL LEGAL CONFLICT OF INTEREST.

GENERALLY SPEAKING, WE HAVE TO FILE CERTAIN DOCUMENTS WITH THE CITY SECRETARY'S OFFICE AND PUT IT ON FILE.

UM, I'VE DON'T BELIEVE, I THINK I'VE ONLY HAD ONE INSTANCE IN MY, ALMOST OVER 10 YEARS OF WORKING HERE WHERE IT'S EVEN COME CLOSE TO THAT.

SO GENERALLY SPEAKING, IT'S JUST, IT'S DIFFICULT TO MEET THE CRITERIA BECAUSE YOU HAVE TO AGAIN, HAVE THE FINANCIAL CONNECTIONS AND YOU'VE GOTTA HAVE LIKE A CERTAIN PERCENTAGE OF YOUR TOTAL INCOME ATTRIBUTABLE TO THAT PARTICULAR DEVELOPMENT.

[00:30:01]

AND ALL THINGS CONSIDERED, WHENEVER YOU TAKE THAT INTO CONSIDERATION, IT JUST DOESN'T QUITE MEET THE BAR FOR A TRUE CONFLICT OF INTEREST.

THAT BEING SAID, IF YOU WANT TO ABSTAIN, YOU CERTAINLY CAN AND PEOPLE HAVE DONE SO IN THE PAST.

OKAY, BUT JUST ABSTAINING, JUST BECAUSE YOU DON'T HAVE A, AN OPINION THAT YOU, WE PREFER YOU NOT TO, YOU NEED TO VOTE.

YES, WE, WE'D PREFER YOU NOT TO.

COUNSEL DOES LOOK FOR AN OPINION FROM YOU.

UM, A LOT OF TIMES YOU ARE, YOU'RE NOT JUST A DECIDER, SOMETIMES YOU'RE AN ADVISORY BOARD, BUT YOU ARE ONE OF THE VERY IMPORTANT ADVISORY BOARDS BECAUSE YOU'LL BE ADVISING ON MASTER PLANS, YOU'LL BE ADVISING ON CODE AMENDMENTS THAT HAVE SIGNIFICANT IMPACT ON THE COMMUNITY.

AND SO COUNCIL, UM, WOULD LIKE TO HAVE AN OPINION ONE WAY OR THE OTHER AND NOT LIKE A TIDE VOTE, EVEN A, WELL, A TIDE VOTE IS A FAILED VOTE, BUT THEY PREFER THE OPTICS OF, YOU KNOW, 5 3 1 WAY OR THE OTHER, OR A UNANIMOUS VOTE.

GOOD.

THE, THE ONLY OTHER QUESTION I HAD AS FAR AS THE, UH, EXECUTIVE SE SESSION IS CONCERNED, DOES THAT HAVE TO BE AN, UH, AN AGENDA ITEM TO BE ABLE TO GO INTO EXECUTIVE SESSION? NO, BUT IF WE DON'T HAVE IT, DO WE HAVE IT POSTED ON OURS? PROBABLY NOT.

NO, WE DON'T HAVE TO.

IT JUST HAS TO BE, THERE'S SPECIAL LANGUAGE THAT THE CHAIR HAS TO READ INTO IT, SO YOU DON'T HAVE TO HAVE IT POSTED.

UM, AS LONG AS YOU OUT LOUD SAY, HEY, PURSUANT TO SECTION SUCH AND SUCH, AND I, I WOULD HAVE SITE AVAILABLE FOR YOU IF THERE'S ANY POTENTIAL ITEMS THAT I THINK, AND THERE'S BEEN A COUPLE OF TIMES WHERE I'VE DONE THAT, WHERE I HAVE BASICALLY A SCRIPT FOR THE CHAIR TO READ.

AND SO I'LL BASICALLY SAY, HEY, WE'RE GONNA GO AND WE'RE GONNA GO UNDER THIS SPECIFIC SECTION.

IT'S A LITTLE SONG AND DANCE THAT WE HAVE TO DO STATUTORILY.

WE HAVE TO KIND OF LET THE PUBLIC KNOW WHO MAY BE WHO MAY BE ATTENDING.

THIS IS A SPECIFIC EXCEPTION THAT WE'RE DOING IT.

JUST, JUST CURIOUS.

I, YES.

AND, AND WE DO THAT FOR ALSO COUNSEL AS WELL.

THERE'S LIKE A, A SCRIPT.

WE CAN, IF WE KNOW IN ADVANCE THAT THERE'S GOING TO BE AN EXECUTIVE SESSION ITEM, WE CERTAINLY POST IT, BUT IT'S NOT AN IMPEDIMENT IF EXECUTIVE SESSION IS NOT SPECIFICALLY POSTED AS LONG AS WE, THE AGENDA ITEM THAT WE'RE GOING INTO EXECUTIVE SESSION ON IS POSTED ON THE AGENDA SOMEWHERE, THEN WE CAN GO IN UNDER EXECUTIVE SESSION UNDER THAT.

VERY GOOD.

ANYBODY HAVE ANY, ANY OTHER QUESTIONS? ANYTHING? NO.

THANK YOU VERY MUCH.

UH, MICHELLE, WAS THAT, WAS THAT 10 MINUTES OR WAS THAT MORE? THANK YOU VERY MUCH.

CHRIS,

[5. Staff Comments]

DO YOU HAVE, UH, AS FAR AS, UH, STAFF COMMENTS OR CONCERNS? YES SIR.

I ACTUALLY DO HAVE SOME THIS EVENING.

UM, SO A COUPLE ITEMS TONIGHT, UM, ONE IN THE NEXT FEW WEEKS, I WOULD EXPECT Y'ALL TO RECEIVE AN EMAIL FROM MARK ABOUT REAPPOINTMENTS.

UM, FOUR OF THE POSITIONS WILL NEED TO BE EITHER BE REAPPOINTED OR REPLACED AT THE END OF THIS YEAR.

UM, SO IF YOU'RE ONE OF THOSE FOUR POSITIONS, MARK WILL BE SENDING AN EMAIL.

IF YOU'RE INTERESTED TO CONTINUE TO SERVE ON THE BOARD, IT'LL HAVE INSTRUCTIONS ON WHAT YOU NEED TO DO.

UM, YOU'LL NEED TO FILL OUT A NEW APPLICATION THAT'LL NEED TO BE SENT TO THE MAYOR FOR CONSIDERATION.

SO JUST AN FYI ON THAT.

NEXT I'D LIKE TO TALK ABOUT, UM, SOME OF THE CHANGES THAT WERE MADE IN THE LEGISLATURE, UM, THIS PAST YEAR THAT AFFECT THIS BOARD AND, UM, SOME IDEAS THAT WE HAVE AS STAFF TO TRY TO KIND OF COMBAT THOSE, THOSE, UM, CHANGES.

SO PREVIOUSLY, CURRENTLY, UM, WHAT, WHAT THE LAW SAID WAS THAT WE HAD TO NOTICE 72 HOURS PRIOR TO A MEETING, A PUBLIC MEETING.

UM, THE LEGISLATURE AT THIS SESSION CHANGED THAT WE HAD TO NOTICE BEFORE THREE BUSINESS DAYS PRIOR TO THE MEETING.

AND SO WHILE PREVIOUSLY THE LATEST WE COULD GET Y'ALL'S AGENDAS OUT, UM, AND STILL HAVE THE MEETING ON MONDAY WAS FRIDAY, UM, NOW THAT DATE IS TUESDAY.

AND SO THAT KIND OF THROWS A WRENCH IN OUR SCHEDULES AND MAKES US PREPARE THINGS MUCH QUICKER.

IT ALSO COULD POTENTIALLY DELAY PROJECTS, UM, BECAUSE WE WOULD HAVE TO HAVE EVERYTHING PREPARED THE WEEK BEFORE THAT WE NORMALLY HAVE PREPARED.

SO RIGHT NOW WE'RE PREPARING EVERYTHING.

WE CAN GET DOCUMENTS UP TO MONDAY AND TUESDAY AND STILL PREPARE THE STAFF REPORTS AND THE AGENDAS TO GET OUT TO Y'ALL BY THE LATEST FRIDAY.

WE TRY TO GET IT OUT BY THURSDAY.

UM, WITH THIS BEING THE CASE, WE WOULD HAVE TO HAVE EVERYTHING COMPLETE THE WEEK BEFORE.

AND SO THAT COULD POTENTIALLY DELAY PROJECTS ANOTHER TWO WEEKS TO THREE WEEKS DEPENDING ON THE PNZ SCHEDULE.

UM, SO WHAT WE'RE PROPOSING, WE'VE TALKED TO, UH, MR. MAYS ABOUT THIS AND UM, HE HAD NO OBJECTION TO IT.

UH, WE'VE TALKED TO CITY MANAGEMENT ABOUT IT, BUT WOULD BE TO MOVE THE MEETINGS TO THURSDAY RATHER THAN MONDAY.

SO RIGHT NOW, ALL OF OUR OTHER, UM, COMMISSIONS THAT WE HANDLE, HISTORIC COMMISSION ZONING BOARD OF ADJUSTMENTS ARE BOTH ON THURSDAY AS WELL.

AND SO THIS WOULD JUST BE PUTTING THOSE IN LINE WITH THOSE OTHER MEETING SCHEDULES SO WE CAN GET THE NOTICES OUT NO LATER THAN FRIDAY AND RETAIN THAT SCHEDULE.

UM, SO WE'RE NOT PUSHING MEETINGS OFF, UM, FOR TWO TO THREE WEEKS AND DELAYING PROJECTS.

SO I WANTED TO GET Y'ALL'S GENERAL INPUT ON THAT, SEE IF ANYONE STRONGLY OBJECTS TO THAT.

UM, BEFORE WE MOVE FORWARD, LIKE MICHELLE HAD MENTIONED, THERE'S A COUPLE THINGS WE'RE GONNA NEED, NEED TO DO.

WE'RE GONNA NEED TO AMEND THE BYLAWS.

UM, SO THAT WOULD HAVE TO COME TO YOU.

UM, IT, IT'S ABOUT TIME THEY'D BE UPDATED ANYWAYS.

THEY'RE ABOUT 10 YEARS OLD THE LAST

[00:35:01]

TIME THEY WERE UPDATED.

UM, SO WE WOULD UPDATE THOSE WITH THE NEW MEETING DATE AND THEN Y'ALL WOULD ADOPT A NEW MEETING DATE SCHEDULED SIMILAR TO WHAT YOU DO EVERY OTHER YEAR.

UM, BUT THOSE MEETINGS WOULD JUST BE MOVED TO THE SECOND, FOURTH THURSDAY OF EVERY MONTH.

SO HAPPY TO HEAR ANY INPUT YOU HAVE OBJECTIONS, EVERYONE'S GOOD WITH IT.

UM, BUT THAT'S, THAT'S THE WAY WE WOULD LIKE TO MOVE FORWARD.

AND IF I HEAR NO INPUT ANYBODY, I, I WILL SAY JUST FOR ME PERSONALLY, I'LL WORK IT OUT.

BUT, UM, I'M THE PRESIDENT OF THE LIONS CLUB.

WE MEET ON TUESDAY, SO I'VE ALWAYS SCHEDULED ALL OF MY MONTHS WITH MONDAYS AND TUESDAYS OFF MAKING ME WORK WEDNESDAY, THURSDAYS AND FRIDAYS, YOU KNOW, SO NOW I'LL KIND OF SPLIT A SCHEDULE THAT THAT WOULD BE DIFFICULT FOR ME, BUT I MEAN, MY SCHEDULE'S FLEXIBLE WITH WORK, BUT IT WILL BE A PAIN , BUT THANK YOU.

BUT I WON'T BE A, I WON'T BE THE IMPEDIMENT TO, YOU KNOW, MOVING PROJECTS FORWARD.

, THANK YOU FOR THAT INPUT.

ANYBODY ELSE? BUT YOU'RE TALK, YOU'RE TALKING THURSDAYS, RIGHT? YES, SIR.

IT WOULD BE THURSDAYS THE SECOND AND FOURTH THURSDAYS WE'VE CLEARED WITH CITY SECRETARY THAT THE COUNCIL CHAMBERS ARE OPEN THOSE DAYS, THERE'S NO OTHER MEETINGS BEING HELD.

UM, SO THOSE DAYS WOULD WORK.

WE'RE NOT PROPOSING THAT START SAME TIME.

OH, UM, I'M SORRY, JANUARY THE FIRST, FIRST MEETING IN JANUARY.

GOTCHA.

YES SIR.

ANYBODY ELSE HAVE ANY FEELINGS ONE WAY OR THE OTHER, JUST PERSONAL ISSUES? WELL, MONDAYS ARE EASY TO HAVE CONNECTED TO A WEEKEND OFF, BUT YOU KNOW, THURSDAY MAKES IT DIFFICULT.

IT WILL RESOLVE MONDAY AND FRIDAY.

UM, HOLIDAYS, YOU KNOW HOW WE'VE HAD TO MOVE A COUPLE OF OUR MEETINGS.

IT'LL STOP THEN.

BRUCE, ARE YOU OKAY WITH THURSDAYS? I'M FINE.

OKAY.

THANKS MATT.

THAT IS POKER NIGHT.

POKER NIGHT.

WELL, IF YOU DON'T ASK TOO MANY QUESTIONS, WE'D HAVE YOU, WE HAVE YOU OUTTA HERE.

YEAH, TRY TO FIGURE IT OUT.

OKAY.

OKAY.

SO YEAH, WE'LL BE BRINGING FORWARD THE BYLAWS AND THEN THE AGENDA, THE CALENDAR FOR YOU, UM, IN THE COMING MEETINGS.

AND SO OUTSIDE OF THAT, UM, ON ANOTHER NOTE, SAME SUBJECT, BUT UM, I KNOW SALLY SENDS OUT THE, UM, QUORUM NOTICES.

UM, BECAUSE WE'RE NOT DOING PLATS ANYMORE, WE SEND THOSE OUT SUPER EARLY, LIKE THREE WEEKS EARLY BECAUSE WE HAVE TO NOTICE PER STATE LAW REGULATIONS AT LEAST 15 DAYS PRIOR TO THE MEETING.

UM, SO WE HAVE TO KNOW THOSE QUORUMS, UM, AT LEAST THREE WEEKS PRIOR TO THAT SO WE CAN HAVE EVERYTHING PREPARED.

SO, UM, JUST A REMINDER TO Y'ALL, IF Y'ALL GET THAT EMAIL, PLEASE UM, RESPOND TO IT AS TIMELY AS YOU CAN SO WE CAN MAKE SURE THAT, UM, WE'RE NOT NOTICING FOR SOMETHING WE'RE NOT GONNA HAVE A QUORUM FOR.

AND THAT'S ALL I HAVE TONIGHT, SIR.

OKAY.

VERY GOOD.

THAT'S, UH, YOU DON'T ANTICIPATE ANY, ANY PROBLEMS WITH THAT CHANGE OF DATE, DO YOU? THE THURSDAY? NO, SIR.

WE'VE ALREADY DOUBLE CHECKED IT WITH THE CITY SECRETARY COUNCIL CHAMBERS E EVERYTHING WORKS OUT.

NO CONFLICTS.

GOTCHA.

OKAY.

UH, SOME OF THE ACTIONS BY COUNCIL, UH, SOMETIMES YOU REPORT ON WHAT THEY VOTE FOR AND FLORIDA WE VOTE AGAINST.

THEY, THEY VOTED DOWN THE, UH, CAR WASH THAT WE APPROVED LAST MONTH.

YES, SIR.

SO BOTH CAR WASHES THE ZAZA AND THE ONE ON, UM, 2094 WERE VOTED DOWN.

UM, THE ZAZA CAR WASH HAS BEEN BROUGHT BACK AT THE REQUEST OF TWO COUNCIL MEMBERS.

UM, AND SO THAT WILL BE ON THE NEXT COUNCIL, NOT THE NEXT COUNCIL MEETING, BUT THE FOLLOWING COUNCIL MEETING FOR CONSIDERATION, THE REZONING REQUEST THAT Y'ALL HEARD FOR THE SOUTH SHORE HARBOR GOLF COURSE THAT WAS APPROVED AT THE LAST MEETING.

AND WE'LL BE GOING TO SECOND READING, UM, AT THIS CURRENT MEETING.

I, I THOUGHT IT WAS INTERESTING, THE, UM, PATIO HOMES ON SOUTH SHORE BOULEVARD HAD NO DISCUSSION AT ALL.

AND WE DIDN'T HAVE MUCH HERE, YOU KNOW, THAT EVERYBODY WAS ANTICIPATING SOME, SOME BIG ISSUES, BUT IT JUST DIDN'T HAPPEN.

YES, SIR.

THAT'S GOOD.

ANYTHING ELSE? UH, ANYBODY ELSE HAVE ANY, ANY QUESTIONS OR, OR, UH, WANT TO EXPRESS ANY OPINIONS OR, UH, BRING ANYTHING ELSE UP? IF NOT, SPEAK NOW OR FOREVER HOLD YOUR PEACE.

IF NOT, WE WILL STAND ADJOURNED AT 6 39.