Oct 02, 2025 Zoning Board of Adjustment

SAME

[00:00:01]

SAME HERE.

ALL RIGHT.

SIX

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

WELCOME TO THE CITY OF LAKE CITY ZONING, BOARD OF ADJUSTMENTS, BUILDING AND STANDARDS COMMISSION.

REGULAR MEETING FOR OCTOBER 2ND.

UH, ITEM NUMBER ONE, CALL TO ORDER AND ROLL.

CALL OF MEMBERS.

SO WHEN I SAY YOUR NAME, JUST SAY HERE, UH, KATHLEEN BEIS.

HERE.

TAMARA GANG.

CURRY IS ABSENT.

MICHAEL HENDERSHOT IS HERE.

RUSSELL MILLER IS ABSENT.

ROBERT KLEIN.

PRESENT.

DAVE PERSON, DEAR.

OKAY.

[2. Approval of August 14, 2025, minutes]

ITEM NUMBER TWO IS APPROVAL OF AUGUST 14TH, 20, 25 MINUTES.

SOMEBODY HAD A CHANCE TO REVIEW THOSE MINUTES? DO WE HAVE A MOTION? THAT WORKS? SO MOVED.

I'LL SECOND.

ALL RIGHT.

UM, LET'S SEE.

UM, MR. KLEIN MADE THE MOTION TO APPROVE AND MS. BENOIT SECONDED.

ALL THOSE IN FAVOR.

SIGN BY, SIGNIFY BY SAYING AYE.

AYE.

ALL THOSE OPPOSED.

ALRIGHT, THAT PASSES UNANIMOUSLY.

OKAY.

ITEM THREE, CITIZEN COMMUNICATION.

MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME, NOT LASTING, NOT LONGER THAN THREE MINUTES.

UM, IF YOU'RE HERE FOR THE PUBLIC HEARING, YOU CAN WAIT UNTIL THE PUBLIC HEARING, SO IT LOOKS LIKE WE DON'T HAVE ANYBODY ELSE.

OKAY.

WE'LL

[4.A. Hold a public compliance hearing on DS-2025-00015 concerning the property at 2825 Pine Mills Drive, League City, Texas 77573, legally described as Lot 22, Block 13, Meadow Bend Section Two, Galveston County, Texas, to determine whether the building is a dangerous building under Section 22-331 et seq. of the League City Code of Ordinances and, if appropriate, to adopt an order requiring it be vacated, secured, repaired, removed, or demolished.]

BLOCK 13, MEADOW BEND, SECTION TWO, GALVESTON COUNTY, TEXAS, TO DETERMINE WHETHER THE BUILDING IS A DANGEROUS BUILDING UNDER SECTION 22 DASH 3 31 OF THE LEE CITY CODE OF ORDINANCES.

AND IF APPROPRIATE TO ADOPT AN ORDER REQUIRING IT TO BE VACATED, SECURED, REPAIRED, REMOVED, OR DEMOLISHED STAFF.

HI.

GOOD EVENING.

UH, THANK YOU, MR. CHAIRMAN.

UH, FOR THE RECORD, MY NAME IS JOE GONZALEZ.

UH, I AM THE MANAGER FOR NEIGHBORHOOD SERVICES.

IT'S ALSO KNOWN AS CODE ENFORCEMENT.

UH, AND I ALSO WANNA THANK THE MEMBERS OF THE BOARD FOR BEING HERE IN THE AUDIENCE.

AND ATTENDANCE, UH, SINCE 2020, UH, THIS PROPERTY HAS BEEN A SUBJECT OF ONGOING INSPECTIONS AND, AND, UH, ABATEMENTS DUE TO MULTIPLE CITY CODE VIOLATIONS.

UH, THESE INCLUDE JUNK VEHICLES, HIGH GRASS AND UNDERBRUSH, TRASH AND DEBRIS, AND SUBSTANDARD STRUCTURAL CONDITIONS.

OVER THE YEARS, UH, THE PROPERTY HAS CONTINUED TO DETERIORATE DUE TO THE OWNER, THE OWNER'S ONGOING NEGLIGENCE.

UH, DESPITE REPEATED NOTICES BOTH MAILED AND POSTED ON THE PROPERTY, UH, MRS. TERRELL HAS NOT RESPONDED OR TAKEN ACTION, UH, TO THE PROPERTY.

UH, MULTIPLE CITIZEN COMPLAINTS HAVE BEEN RECEIVED AND THE PROPERTY HAS BECOME A, A RECURRING PUBLIC HEALTH NUISANCE.

UH, IN ADDITION, REPEATED INSTANCES OF CRIMINAL MISCHIEF AND POSSIBLE VAGRANCY, UH, HAVE REQUIRED THE BOARDING OF WINDOWS TO SECURE THE STRUCTURE AS WELL.

UH, I WOULD LIKE TO, UH, WALK YOU THROUGH THE TIMELINE OF TWO INSPECTIONS THAT, THAT WE, UM, THAT WE MADE, EXCUSE ME.

UH, WITH SUPPORTING PHOTOS.

SO THIS IS MAY 15TH, 2023.

UH, THE INSPECTION, UH, WAS CONDUCTED FOLLOWING A CITIZEN COMPLAINT REGARDING A BROKEN WINDOW IN THE BACKYARD.

THE DOCUMENTATION SHOWS TRASH AND DEBRIS IN THE FRONT ENTRANCE, UH, OVERGROWN, UH, UNDERBRUSH DEBRIS IN THE BACKYARD, AND A REPORTED BROKEN WINDOW, UH, DUE TO THE UNSECURED CONDITION.

UH, A WORK ORDER WAS SENT TO PUBLIC WORKS ON MAY 16TH, 2023, TO ABATE THESE VIOLATIONS.

AND HERE WE SEE THE, THE FRONT DOOR WITH TRASH AND DEBRIS.

UM, AND WHEN PUBLIC WORKS, UH, ARRIVED, THEY BASICALLY, UH, CLEANED UP THAT AREA, UH, INCLUDING THE BACKYARD.

UM, HALF THE FENCE IS, IS DILAPIDATED.

SO, UH, I ADVISE THEM TO PLACE A CONSTRUCTION FENCE, A TEMPORARY CONSTRUCTION FENCE JUST TO PREVENT, UH, OR TO, TO, TO DETER, UH, TRESPASSERS ONTO THE BACKYARD.

SO MAY 23RD.

BECAUSE OF THE CONSTANT VIOLATIONS AND BECAUSE OF THE COMPLAINTS, CITIZEN COMPLAINTS, UH, WE HAD A PROBABLE CAUSE TO OBTAIN AN ADMINISTRATIVE WARRANT, UH, FROM THE MUNICIPAL JUDGE TO INSPECT THE INTERIOR OF THE PROPERTY.

UH, THE PRESENT AT THAT TIME WAS CHIEF BUILDING OFFICIAL MARK GIBSON, UH, THE ASSISTANT BUILDING OFFICIAL RALPH BLANCO, WHICH IS NOW THE CHIEF BUILDING OFFICIAL, UH, HERE FOR LAKE CITY OF LAKE CITY.

UH, THE NEIGHBORHOOD SERVICES MANAGER AT THAT TIME, MR. FRANK LEBLANC,

[00:05:01]

UH, HERE WE HAVE THE FIRE MARSHALS, UH, INSPECTING THE, UH, THE PROPERTY, MAKE SURE IT'S SECURED FOR US TO ENTER.

UH, AND HERE WE ARE ENTERING ONTO THE FRONT OF THE, UH, FRONT OF THE FRONT DOOR OF THE HOUSE.

UH, IS TO NOTE THAT TRYING TO ENTER INSIDE THE HOUSE WAS VERY, UM, COMPLICATED, UH, DUE TO THE FACT THAT THERE'S A COPIOUS AMOUNT OF TRASH, DEBRIS, FURNITURE, CLOTHES.

SO, INITIALLY WHEN WE ENTERED THE PROPERTY, WE HAD TO CLIMB UP ABOUT A FOOT, FOOT AND A HALF OF THIS DEBRIS JUST TO ENTER.

HERE IS A PICTURE OF THE LIVING ROOM, UM, AS YOU CAN SEE IT, THIS ACCUMULATION OF, OF FURNITURE.

UM, ONE THING THAT, THAT WE DID NOTICE IS THE CEILING WAS COMPLETELY, UH, DAMAGED.

YOU CAN SEE THAT THE SHEET ROCK MISSING, UH, FROM POSSIBLE WATER DAMAGE.

THERE'S TWO SECTIONS, I BELIEVE.

THE, THE PICTURE ON THE LEFT IS FROM, UH, THE KITCHEN AREA, OR HEADING TOWARDS THE KITCHEN.

AND THE ONE ON THE RIGHT IS TOWARDS, UH, HEADING TO THE BACKYARD.

UM, HERE IS A PICTURE OF ONE OF THE BEDROOMS, UH, COMPLETELY, UH, DETERIORATED FROM THE SHEET ROCK.

THIS IS THE HALLWAY AND THE RESTROOM AREA.

AS YOU CAN NOTICE, ALL THE ACCUMULATION OF TRASH AND RUBBISH INSIDE HERE IS THE BEDROOM THAT WE BELIEVE THAT, UH, VAGRANT WAS POSSIBLY LIVING INSIDE.

UM, BECAUSE OF THIS, UH, THE FIRE MARSHAL DID DETERMINE THAT, YOU KNOW, DUE TO A POTENTIAL FIRE HAZARD, UH, WE, UH, ACTUALLY, HE ORDERED THE REMOVAL OF THE, UH, OF THE ELECTRICAL METER, UH, TO BE PULLED.

AND YOU CAN SEE THE TEXAS, NEW MEXICO AND THE METER BEING, UH, REMOVED.

SO THESE PHOTOS ARE FROM SEPTEMBER 29TH.

UM, I DID, UH, FOLLOW UP BECAUSE I, I DID DO A WORK ORDER TO CLEAN UP THE BACKYARD.

UH, AS YOU CAN SEE HERE ON THE PICTURE, ON THE LEFT HAND SIDE, MY INITIAL VIOLATION NOTICES ARE STILL PRESENT.

UH, THERE'S BEEN NO ATTEMPT TO TO REMOVE 'EM.

USUALLY THEY, THEY'RE COMPLETELY REMOVED FROM THE PROPERTY OWNER.

UH, ALSO, UH, HERE IS ONE OF, ONE OF THE WINDOWS THAT GOT BOARDED UP BECAUSE OF THE VANDALISM.

UH, THE PICTURE ON THE LEFT IS THE ROOM, THE FIRST ROOM, UH, ON THE SIDE OF THE HOUSE.

AND THE, THIS IS THE SECOND WINDOW THAT GOT BROKEN, UH, LAST WEEK, UH, BY VANDALISM, AGAIN, CRIMINAL MISCHIEF, UM, PUBLIC WORKS.

DID CLEAN THE BACKYARD, UH, REMOVED THE TRASH AND DEBRIS.

HERE ARE THE WINDOWS IN THE BACKYARD THAT ARE COMPLETELY, UH, BOARDED UP BECAUSE DUE TO THE SAME THING, THE, THE CRIMINAL MISCHIEF.

AND WHILE I WAS THERE, I DID NOTICE A COUPLE STRUCTURAL DAMAGE DETERIORATION.

UH, IF, IF WE CAN ZOOM IN.

BUT, UM, YOU KNOW, UNFORTUNATELY WE CAN'T ZOOM IN HERE.

UH, THERE IS, UH, ACTUAL, UH, DAMAGE TO THE CHIMNEY FLASH, UH, THE, TO THE FLASHING OF THE CHIMNEY, UH, WE CAN SEE IT KIND OF IS, IS CAVING IN ALREADY.

UM, WE DON'T KNOW HOW DETERIORATED THE ROOF IS, UH, AT THIS POINT.

UH, IT MIGHT BE EVEN WORSE.

I MEAN, WE DID SEE THE INSIDE OF THE, OF THE PROPERTY, UH, INSIDE THE HOUSE, YOU KNOW, WITH THE, UH, MISSING, UH, SHEETROCK, SO IT MIGHT BE EVEN WORSE NOW.

AND WHILE I WAS THERE, I DID SEE ANOTHER BROKEN WINDOW, UM, POSSIBLY BY TRESPASSERS.

SO I, I DID DO ANOTHER WORK ORDER THIS WEEK TO BOARD IT UP, SO THERE'LL BE ANOTHER BOARDED WINDOW.

I WAS ABLE TO TAKE A PICTURE.

I WAS ABLE TO STICK MY HAND, BUT DUE TO THE SAFETY REASONS, I DIDN'T WANNA STICK MY HAND, UH, ENTIRELY.

I WAS ABLE TO TAKE PICTURE OF THE INSIDE, AND WE CAN SEE MORE OF THE SHEET ROCK COMPLETELY, UH, ON THE GROUND.

AND HERE IS THE SIDE OF THE HOUSE FACING THE SIDEWALK WHERE THE COMPLETELY THE, UH, FASCIA AND THE SOFFIT ARE COMPLETELY MISSING.

WE HA WE HAVE RECEIVED REPORTS OF, OF RODENTS GOING IN AND OUT OF THE PROPERTY AND GOING ONTO OTHER NEIGHBORING PROPERTIES.

SO, IN SUMMARY, THIS PROPERTY HAS BEEN CONSISTENT SOURCE OF VIOLATIONS AND PUBLIC CONCERN FOR A FEW YEARS NOW.

UH, DESPITE REPEATED ABATEMENT AND CITY INTERVENTIONS, UH,

[00:10:01]

THE HOME HAS REACHED A STATE OF ADVANCED DETERIORATION AND CONTINUES TO PRESENT HEALTH, SAFETY, AND SECURITY RISKS TO THE COMMUNITY.

UH, AT THIS POINT, FURTHER, ABATEMENTS WOULD ONLY PROVIDE TEMPORARY RELIEF WITHOUT RESOLVING THE UNDERLYING PROBLEMS. HERE, UH, FOR THESE REASONS, I'M RECOMMENDING DEMOLITION, UH, AS THE MOST EFFECTIVE AND PERMANENT SOLUTION TO ELIMINATE THE ONGOING PUBLIC HEALTH NUISANCE AND PROTECT THE SURROUNDING NEIGHBORHOODS.

UH, I WANNA THANK YOU FOR YOUR ATTENTION, UH, AND YOUR TIME FOR, UH, UH, FOR HAVING ME PRESENT THIS PROPERTY.

UH, I AM HAPPY TO ANSWER ANY QUESTIONS THAT YOU GUYS HAVE.

THANK YOU.

UH, DO WE HAVE QUESTIONS FOR, FOR STAFF? WHAT ATTEMPTS HAVE BEEN MADE TO FIND THE PROPERTY OWNER? SO WE'VE SENT MULTIPLE VIOLATIONS.

UM, I FOUND THREE ADDRESSES, UH, ONE IN KEMA, ONE IN TUMBA, AND ONE, UH, PO BOX.

UM, ALL THE NOTICES HAVE BEEN SENT TO ALL THREE LETTERS.

UH, THEY'VE ALL RETURNED.

UH, SHE DOESN'T RESPOND TO ANY OF THE LETTERS.

SO THE WE THAT WE POSTED OR THAT WE MAILED, UH, I BELIEVE BACK IN 2020, WE DID HAVE A TELEPHONE NUMBER FOR HER WHERE WE, WE WERE ABLE TO CONTACT HER TO REMOVE SOME OF THE JUNK VEHICLES.

UH, SINCE THEN, THAT NUMBER HAS BEEN DISCONNECTED, SO WE HAVE NO IDEA WHERE SHE'S AT.

OKAY.

ANY USE OF SEARCH SERVICES, UM, SOCIAL SECURITY DEATH, UH, TAPE OR ANYTHING LIKE THAT TO SEE IF SHE'S DECEASED? AS FAR AS I KNOW, NOTHING HAS SHOWED UP.

UH, I DID ASK ONE OF OUR FIRE MARSHALS TO CHECK TO SEE, YOU KNOW, ANOTHER ADDRESS THAT, THAT MAY BE ON FILE, BUT EVERYTHING EITHER GOES BACK TO THIS HOUSE OR TO THE PO BOX.

THANK YOU.

GO AHEAD.

IT GOES BACK TO THE PO BOX.

IT SHOULD BE ON.

WELL, THAT'S, THAT'S A RELEVANT QUESTION.

MIGHT AS WELL ASK IT FOR THE RECORD IS AS FAR AS THE PROPERTY TAX.

SO SHE WAS BEHIND, BUT I BELIEVE THIS YEAR, I THINK IT, IT DID GET PAID.

SO DID GET PAID IF IT GOT PAID.

DO WE HAVE ANY RECORD OF WHO PAID IT? IT, IT SHOWS HER NAME, BUT IT ALSO SHOWS THE PO BOX, THE ADDRESS THAT, THAT WE'VE BEEN MAILING THE ADDRESSES, YES.

AND, AND I'M ASSUMING THERE'S NO MORTGAGE ON THE PROPERTY? UH, AS FAR AS I KNOW.

HMM.

ANY, ANYTHING FURTHER? I HAD A QUESTION ABOUT THE, UH, POWER.

YOU MENTIONED THAT THE POWER WAS CUT OFF, I GUESS THAT WAS 2023.

YES.

DO WE HAVE ANY INDICATION AS TO WHEN THE LAST TIME IT HAD, UM, POWER CONNECTED TO IT? UH, UTILITIES OF ANY KIND? THERE'S NO UTILITIES.

UM, THE POWER METER ON MAY 23RD, IT GOT DISCONNECTED.

THAT'S THE LAST TIME THEY HAD POWER.

SO THERE'S CURRENTLY, THERE'S NO POWER.

NO POWER, YES.

OKAY.

ANYTHING FURTHER? OKAY.

THANK YOU.

THANK YOU.

UM, WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING NOW AT SIX 13.

AND IF YOU WOULD LIKE TO COME UP AND SPEAK TO THIS PROJECT OR THIS, THIS, UH, PROPERTY, GO AHEAD AND COME ON UP AND, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD.

WE WON'T BITE.

YEAH.

MY NAME'S DAVE HAUER, AND, UH, I LIVE NEXT DOOR TO THE PROPERTY.

THE PROPERTY IS AT THE CORNER OF MEADOW BEND, WHICH IS A MAIN HIGHWAY THERE IN, OR THE MAIN STREET IN THE NEIGHBORHOOD.

AND IT'S AT THE CORNER OF, UH, MY STREET, UH, AND PINE MILLS AND MEADOW BEND.

AND, UH, I'VE LIVED THERE ABOUT SEVEN YEARS.

UH, EVEN WHEN WE FIRST MOVED IN, I DON'T KNOW ABOUT THIS METER, BUT CAN Y'ALL HEAR ME OKAY? YES, I KNOW ABOUT THIS METER, BUT I HAVEN'T NOTICED ANY POWER BEING USED IN LIKE SIX AND A HALF, SEVEN YEARS SINCE I'VE BEEN THERE THAT MUCH.

SHE MIGHT HAVE PUT THE METER BACK IN AGAIN, BUT, UH, THERE'S BEEN NO POWER GOING USED, USED THERE FOR SEVEN YEARS.

THERE'S ALSO BEEN NO WATER OR, OR SEWAGE GOING ON FOR SEVEN YEARS.

THAT WATER WAS, WASN'T CONNECTED WHEN I FIRST MOVED IN THERE SEVEN YEARS AGO.

UH, THIS IS AT THIS CORNER IS WHERE THE SCHOOL BUS LETS OUT.

OKAY.

CHILDREN FROM ANYWHERE FROM EIGHT TO 12 YEARS OLD.

OKAY.

I DON'T KNOW HOW MANY PEOPLE I'VE PROBABLY RAN.

50, 75 KIDS OUT OF, AWAY FROM THAT AREA, THAT HOUSE IN THE BACKYARD GOING THROUGH WINDOWS, JUST HANGING AROUND.

SOMETIMES THERE'S 15,

[00:15:01]

YOU KNOW, SMOKING CRACK, FENTANYL, WHATEVER.

OKAY.

SOMEBODY'S GONNA GET KILLED THERE.

THERE'S ALL KIND OF RODENTS THERE COMING IN.

RABBITS, UH, POSSUMS, ARMADILLOS, RACCOONS.

UH, THERE'S NO TELLING WHAT KIND OF DISEASE.

THEY'RE, THEY'RE ALL OVER THE PLACE.

THEY'RE ALL OVER MY YARD, YOU KNOW.

I MEAN, I, WHEN I WALK BETWEEN MY HOUSE IN THAT HOUSE A BUNCH OF TIMES, I'VE GOT SPIDERS, SPIDERWEBS ALL OVER MY SHOULDERS.

TARANTULAS, BLACK WIDOWS, BROWN, RECLUSE, UH, WATER MOCCASINS, COPPERHEADS, FIRE ANTS.

THERE IS EVERYTHING THAT YOU CAN IMAGINE AS A HEALTH HAZARD OVER THERE.

BUT THE THING ABOUT IT IS, AND WITH ALL THEM KIDS COMING OUT RIGHT THERE, YOU KNOW, SOMEBODY IS GONNA GET KILLED ON THAT PROPERTY.

I'VE BEEN TELLING, YOU KNOW, JOE AND THE OTHER PEOPLE IN THE CITY AND THE COUNTY, THE HOA, EVERYBODY, SOMEBODY IS GONNA GET KILLED EITHER IN THAT HOUSE OR AROUND THAT HOUSE.

IT'S JUST A MATTER OF TIME, YOU KNOW? AND I, I WOULDN'T WANNA PASS UP THE OPPORTUNITY TO GET RID OF THIS HOUSE.

I COULDN'T GO TO SLEEP EVERY NIGHT KNOWING I STOPPED THAT, SEEING SOMEBODY'S GONNA BE, COULD BE KILLED THE NEXT DAY.

I COULDN'T EVEN SLEEP AT NIGHT, YOU KNOW? AND, UM, I DON'T, I DON'T FEEL SAFE IN MY HOUSE.

I HAVE GRANDKIDS THAT'S LIKE FOUR AND NINE YEARS OLD.

THEY CAN'T EVEN, THEY CAN'T EVEN PLAY IN OUR BACKYARD 'CAUSE OF THAT HOUSE.

AND THAT'S TRUE OF EVERY NEIGHBOR AROUND THERE.

WE GET POSSUMS IN OUR YARD, RACCOONS, ROACHES, RATS, ALL KINDS OF STUFF FROM THAT HOUSE.

IT'S NEVER ENDING.

TWO, THREE YEARS AGO, THE HOA FORECLOSED ON THAT HOUSE WAS SUCCESSFUL FORECLOSURE.

AND, UH, SOMEONE BOUGHT IT FOR A HUNDRED THOUSAND DOLLARS CASH AT THE SALE.

AND THEY BOUGHT IT EVIDENTLY BY LAW.

SHE HAD A HUN UH, SIX MONTHS OR A YEAR, WHATEVER, TO BUY IT BACK, BUY IT BACK, YOU KNOW, THESE PEOPLE ALREADY PAID CASH, A HUNDRED THOUSAND DOLLARS FOR IT.

WE'RE FIXING FIX IT THAT MUCH.

I GUESS MY TIME'S UP.

WELL, THE BOTTOM LINE I WAS GONNA SAY IS THAT THEY, SHE BOUGHT IT BACK A HUNDRED THOUSAND DOLLARS CASH, AND THAT WAS LIKE FOUR OR FIVE YEARS AGO AND NEVER CAME THERE, NEVER TOUCHED IT, NEVER DID ANYTHING.

SHE HAS NO INTENT ON EVER DOING ANYTHING WITH THAT HOUSE, EVER.

AND I GUESS THAT'S ALL I GOTTA SAY.

THANK YOU FOR GIVING ME THE EXTRA TIME.

THANK YOU.

I'M NERVOUS.

, UH, I'M NOT GOOD WITH MICROPHONES, BUT I'VE GOT A LOUD MOUTH.

CAN YOU STATE YOUR NAME AND ADDRESS? I'M KIM PIERCE.

I LIVE AT 28 22 PINE MILLS, WHICH IS CAT CORNERED ACROSS THE STREET.

I'VE BEEN THERE ABOUT 11 YEARS.

AND WHEN I FIRST MOVED IN, SHE WOULD COME ONCE A MONTH AND GET THE MAIL AND LEAVE.

WOULDN'T GO IN NOTHING.

SHE'D PARK IN THE DRIVEWAY, GET THE MAIL AND LEAVE.

ALSO, I'M RETIRED AND I WALK MY DOGS A LOT.

AND THE WATER, THAT'S WHAT HAPPENED TO THE WATER, WAS JUST GUSHING OUT OF THERE FOR LIKE TWO MONTHS.

AND I CALLED THE, THE WATER AND I SAID, I DON'T KNOW WHAT'S GOING ON OVER HERE.

BUT ANYWAY, THEY TURNED THAT OFF.

AND THAT WAS LIKE 11 YEARS AGO.

UM, I SOLD REAL ESTATE.

I'M A REAL REAL ESTATE BROKER BY TRADE.

I'M RETIRED NOW IN HOUSTON, TEXAS FOR 35 YEARS.

I HAVE SEEN EVERYTHING KNOWN TO MAN.

AND THIS PLACE IS THE WORST, MOST DISGUSTING EYESORE I'VE EVER WITNESSED.

I WENT THE OTHER DAY TO TAKE A PHOTO OF THE ADDRESS SO I COULD COME TO THIS MEETING.

I SWEAR TO YOU, SOMETHING WAS MOVING AROUND AND ALIVE IN THE GARAGE.

I HEARD IT WITH MY OWN EARS AND TEXTED THEM.

IT, IT, IT, GOD ONLY KNOWS WHAT'S DEAD IN THAT HOUSE.

'CAUSE WHEN YOU LOOK IN THE WINDOWS, WHEN THAT GUY BOUGHT IT A FEW YEARS AGO, I DIDN'T WALK IN 'CAUSE IT WAS TOO AWFUL.

BUT THERE'S FLIES EVERYWHERE.

RATS EVERYWHERE.

I MEAN, EVERY KIND OF FARM IT YOU CAN IMAGINE, I'M THINKING THEY NEED TO TAKE THE THING DOWN.

AND FOR THE NEIGHBORS, I DON'T KNOW WHO WE GET TO DO THIS, BUT WE NEED A PESTICIDE COMPANY OUT THERE.

I MEAN, BECAUSE GOD ONLY KNOWS WHAT'S GOING TO COME OUT OF THERE WHEN THEY GET DONE.

[00:20:01]

LIKE I SAID, I'M RETIRED.

I'M ALWAYS IN MY YARD DOING THINGS.

NEVER ONCE EVER HAVE I SEEN A VEHICLE THERE OR HER THERE EVER.

ONCE I KNOW WHAT SHE LOOKS LIKE AND ALL THAT, I WOULD KNOW HER IF I SAW HER.

AND SHE'S NEVER BEEN THERE.

SO I WOULD PRAY THAT Y'ALL PLEASE TAKE THIS BUILDING DOWN, PLEASE.

IT'S, IT'S LIKE MY NEIGHBOR SAID.

I MEAN, YEAH, THE BUS LETS OUT THERE, KIDS CONGREGATE THERE IN THE MORNING AND THE AFTERNOON AND HE'S RIGHT.

SOMETHING BAD, VERY BAD COULD HAPPEN.

I MEAN, HE'S VERY RIGHT ABOUT THAT.

BUT IT'S, UH, IT, IT IT'S THE MOST DISGUSTING THAT SHOW HOARDERS WOULD HAVE A BUILD DAY WITH THIS HOUSE.

BUT, UH, I GUESS I'VE SPOKEN UP, BUT IF Y'ALL HAVE ANY QUESTIONS, PLEASE ASK ME.

BUT, 'CAUSE I PEEKED IN WHEN I WAS WALKING MY DOGS THIS MORNING, I SAW THAT BROKEN WINDOW THAT HE WAS TALKING ABOUT.

UM, SO THERE, YOU KNOW, THERE STILL IS BROKEN WINDOWS.

BUT ANYWAY, THANK YOU.

THANK YOU.

I'M NERVOUS.

, WE HAVE ANY, ANY ADDITIONAL COMMENTS FROM THE PUBLIC? OKAY.

UH, WE WILL CLOSE THE PUBLIC HEARING AT 6 22.

UH, THE NEXT ITEM WE NEED TO DO IS, UH, HAVE A MOTION.

AND SO THE RECOMMENDATION FROM STAFF WAS, UH, A MOTION TO DEMOLISH, IF SO, MOVE.

OKAY.

MR. MR. UH, PERSONS MOVED TO DEMOLISH.

I WILL SECOND, AND MR. KLEIN IS SECONDED.

OKAY.

UH, ALL THOSE IN FAVOR OF THE MOTION TO DEMOLISH, UH, SIGNIFY BY SAYING AYE.

AYE.

AYE.

ALL THOSE OPPOSED HEARING NONE.

THE MOTION PASSES, UH, UNANIMOUSLY.

THANK YOU VERY MUCH.

IF I CAN JUST ASK FOR SOME CLARIFICATION.

OKAY.

SO THE, THE, THE MOTION WAS TO DEMOLISH, UH, THE, THE PROPERTY.

SO JUST TO MAKE SURE THAT WE'RE MAKING ALL OF OUR STATUTORY REQUIREMENTS MM-HMM .

BEAR WITH ME.

SORRY.

SO YOU ARE ADOPTING THE, UH, FINDINGS OF STAFF THAT WAS IN THE ATTACHED REPORT THAT WAS MADE, UM, PART OF THE AGENDA PROCESS, CORRECT.

ADOPTING ALL OF THE VARIOUS FINDINGS IN THERE THAT IT'S UNSAFE UNHA, THAT IT VIOLATES CITY ORDINANCES AND HEALTH CODES.

CORRECT? CORRECT.

THANK YOU SO MUCH.

OKAY.

[5.A. Annual ethics and Robert’s Rules of Order Training by the City Attorney’s Office.]

UM, ITEM A IS THE ANNUAL ETHICS AND ROBERTS RULES OF ORDER TRAINING BY THE CITY ATTORNEY'S OFFICE.

SO ONE SECOND, IF, IF YOU'RE FROM THE PUBLIC AND YOU DON'T WANT TO LEARN ABOUT ROBERT'S RULES, YOU DON'T HAVE TO STAY .

THANK, THANK YOU ALL VERY MUCH.

YOU CAN, IF YOU WANT.

I MEAN, IT'S, THANK YOU VERY MUCH.

REALLY APPRECIATE YOUR TIME.

OKAY.

YEAH, WE'RE GOOD.

SO FOR ZONING, CAN YOU HEAR ME OKAY? YES.

SO FOR, UH, THIS PARTICULAR BOARD, YOU ACTUALLY WEAR TWO HATS.

YOU ARE BOTH THE ZONING BOARD OF ADJUSTMENTS AND YOU'RE ALSO THE BUILDING STANDARDS COMMISSION.

UM, TONIGHT YOU WERE WEARING THE HAT AS THE BUILDING STANDARDS COMMISSION.

SO A LITTLE BIT OF BACKGROUND ABOUT THE ZONING BOARD OF ADJUSTMENTS ESTABLISHED IN OUR ORDINANCE.

UM, COMPOSITION IS OF COURSE, FIVE MEMBERS AND YOUR ROLE, AND WE HAVE OUR BUILDING OFFICIAL HERE.

HE MAKES A MILLION AND A HALF DECISIONS BEFORE LUNCHTIME EACH AND EVERY DAY.

UM, WE HAVE ORDINANCES AND WE HAVE CODES, BUT FOR EVERY RULE WE HAVE, THERE'S ABOUT 50 DIFFERENT SHADES OF GRADE IN THERE.

AND SO HE HAS TO MAKE JUDGMENT CALLS AND SO FORTH.

AND IT IS IMPOSSIBLE TO LEGISLATE AND TO CREATE ORDINANCES FOR EVERY POSSIBLE HYPOTHETICAL SITUATION THAT COMES ON.

SO SOMETIMES HE HAS TO MAKE HIS JUDGMENT CALL, BUT WE ARE A DEMOCRACY, WE'RE A GOVERNMENT.

AND SO IF ANYONE WERE TO BE AGGRIEVED OR DISAGREE WITH HIS, HIS, UH, JUDGMENT CALL THAT HE MAKES YOU OR THE BOARD WOULD, THAT WOULD BASICALLY HEAR ANY SORT OF APPEALS.

THEN THE BUILDING OFFICIAL WOULD

[00:25:01]

THE PERSON WHO FEELS AGREED BY THAT PARTICULAR DECISION WOULD THEN EXPLAIN TO YOU WHY THEY FELT THAT THAT WAS NOT A SATISFACTORY, UH, JUDGMENT CALL.

AND THEN YOU WOULD THEN DECIDE, DO YOU WANT TO KIND OF STAY WITHIN THEIR, WHAT THE BUILDING OFFICIAL SAID, AFFIRM HIS DECISION, OR TO KIND OF CLARIFY AND KIND OF PROVIDE SOME RELIEF FOR THE PERSON WHO CLAIMS TO BE AGGRIEVED.

THAT BEING SAID, EVEN THOUGH YOU DO, IT'S BASICALLY A PERMISSION TO KIND OF BEND THE RULES.

UM, BUT THERE IS A CAVEAT ON THAT.

YOU HAVE PERMISSION TO BEND THE RULES, BUT OF COURSE YOU CANNOT BREAK THE RULES.

SO IF HE MAKES A DECISION AND KIND OF GRANTS, YOU CAN KIND OF GRANT SOME RELIEF.

UM, WHAT YOU CAN'T DO IS MAKE A DECISION THAT BASICALLY, UM, GOES AGAINST THE LETTER OF IT.

SO YOU KIND OF HAVE TO, THERE'S JUST A LITTLE KIND OF GRAY AREA THAT YOU WORK IN AS BUILDING STANDARDS COMMISSION.

UM, WHAT YOU DO TODAY IS YOU KIND OF HEAR OF ALL OF OUR CODES, ALL OF OUR BUILDINGS, ALL OF OUR EITHER BUSINESSES OR HOMES THAT PEOPLE LIVE IN HAVE TO COMPLY WITH VARIOUS STANDARDS.

THOSE STANDARDS ARE IN PLACE SO THAT PEOPLE CAN BE SAFE SO THAT THE ROOF DOESN'T FALL IN SO THAT THEIR PLUMBING AND ELECTRICITY DOESN'T START A FIRE.

UM, WE HAVE OUR WONDERFUL CODE ENFORCEMENTS WHO, UM, THE UNSUNG HEROES WHO HAVE TO GO THROUGH AND MAKE SURE EVERYONE'S KIND OF FOLLOWING THE SAME RULES.

THOSE RULES ARE IN PLACE TO MAKE SURE THAT WE HAVE A SAFE AND KIND OF UNIFIED COMMUNITY.

AND SO IF THERE'S EVER ISSUES WHERE SOMETHING FALLS SHORT OF THAT, UM, OF COURSE, PLEASE UNDERSTAND, OUR CODE ENFORCEMENT OFFICERS REALLY TRY TO WORK REALLY HARD WITH THEM FIRST.

BUT IT COMES A TIME WHEN IT JUST BECOMES SUCH A HEALTH HAZARD THAT WE HAVE TO COME AND INTO YOU.

AND IN THIS CASE, STAFF DOESN'T GET TO MAKE THESE JUDGMENT CALLS.

THESE ARE VERY, THESE ARE VERY STRONG DECISIONS, VERY IMPORTANT ONES ARE VERY IMPACTFUL.

AND SO THAT'S WHY WE WANT A BOARD SUCH AS YOURSELF TO COME AND HEAR WHAT WE HAVE TO SAY.

WE HAVE TO ARGUE OUR CASE.

WE HAVE TO SHOW YOU PICTURES, TELL YOU WHAT YOU'VE DONE, AND BASICALLY ASK YOU TO MAKE THE DECISION FOR US ON.

DO YOU THINK, DO YOU AGREE WITH STAFF'S RECOMMENDATION? DO YOU AGREE THAT THIS IS A HEALTH HAZARD? THIS IS PART OF THE DUE PROCESS STEP, AND IT'S A VERY IMPORTANT ONE.

JUST SOME MORE INFORMATION ABOUT BUILDING STANDARDS COMMISSION, KIND OF WHAT YOUR ORDER IS.

IN ADDITION TO ORDERING THINGS BE DEMOLISHED, YOU CAN ALSO DO THINGS LIKE ORDER THINGS, BE REMAR, UH, REPAIRED ORDER THINGS BE SECURED.

YOU ALSO HAVE THE ABILITY TO ASSESS CIVIL PENALTIES.

UM, THERE IS A LIMIT, UM, DEPENDING ON THE NATURE OF THE VIOLATION, IT CAN BE ANYWHERE FROM 1000 TO $2,000.

UM, THIS IS SOMETHING THAT IS ASSESSED BY YOU.

IT'S NOT SOMETHING THAT'S IMMEDIATELY ENFORCEABLE BY THE CITY.

FOR INSTANCE, IF YOU WERE TO ORDER SOMEONE TO DEMOLISH OR, AND THEY DON'T COMPLY WITH YOUR ORDER, YOU CAN COME BACK HERE AND YOU CAN SAY, IF YOU DON'T DEMOLISH WITHIN 90 DAYS, WE'RE GONNA ASSESS A CIVIL PENALTY ON YOU.

THE CITY DOESN'T GET TO TAKE THAT AND SIMPLY SELL THEIR HOUSE.

UM, IT IS JUST THE START OF A PROCESS.

HOW THAT WOULD WORK IS BASICALLY IF YOU WERE TO ASSESS A CIVIL PENALTY AND THE CITY, IT, IT JUST, THE PROPERTY OWNER IGNORES YOU, DOES IGNORES YOUR ORDER, DOESN'T, DOESN'T, UH, COMPLY WITH IT, THEN AT THAT POINT, WHAT WE'D HAVE TO DO IS WE'D HAVE TO TAKE THAT CIVIL PENALTY PAPERWORK AND WE'D HAVE TO GO TO A DISTRICT COURT.

AND SO THERE'S DIFFERENT LAYERS OF CHECKS AND BALANCES TO MAKE SURE THAT THE CITY DOESN'T OVERSTEP.

AND SO AT THAT POINT, IF THE CITY WANTED TO COLLECT, IF WE ACTUALLY WANTED TO FILE A LIEN AND DO SOMETHING, AND THIS WOULD USUALLY JUST BE IN VERY EGREGIOUS SITUATIONS, WE USUALLY, WE LIKE PROPERTY OWNERS TO TAKE CARE OF THEIR OWN PROPERTY.

WE DON'T WANNA INTERFERE WITH THAT.

BUT IF IT'S A TRULY A HORRENDOUS SITUATION, WE JUST NEED TO STEP IN AFTER THIS BOARD ASSESSES IT, THEN WE WOULD HAVE TO GO TO A COURT AND GET THEM TO BASICALLY ALL GIVE THE CITY JUDICIAL PERMISSION TO GO AND FILE A LIEN AND MAYBE EVEN FORECLOSE.

I DON'T BELIEVE THAT'S EVER HAPPENED.

USUALLY PROPERTIES THAT ARE IN THAT SITUATION ALSO HAVE OTHER ISSUES LIKE A FAILURE TO PAY TAXES OR SOMETHING LIKE THAT, WHICH IS MUCH EASIER TO DEAL WITH.

BUT THIS IS CERTAINLY ANOTHER TOOL FOR THE CITY TO USE WHEN IT COMES TO MAKING SURE OUR RESIDENTS ARE SAFE.

QUESTION.

YES.

SO IN THE CASE OF THIS PROPERTY MM-HMM .

UH, AT LEAST THE PAPERWORK THAT CAME, THE HUNDRED PLUS PAGES THAT WE RECEIVED, IT HAS IN ORDER TO HAVE IT DEMOLISHED ON OCTOBER THE 20TH OR BY THE 20TH.

SO GIVEN THAT THIS PROPERTY OWNER DOESN'T SEEM TO BE CONTACTABLE, THE LIKELIHOOD OF THEM RESPONDING AND TAKING ANY ACTION IS UNLIKELY.

IT CERTAINLY LOOKS THAT WAY RIGHT NOW.

SO GIVEN THAT, IS THIS SOMETHING THAT WOULD GO THEN TO THE DISTRICT COURT AS YOU JUST OUTLINED? REMIND ME AGAIN.

DID OUR ORDER HAVE A PENALTY PROVISION IN THERE? I DON'T REMEMBER ANY FINANCIAL PENALTIES.

I DON'T REMEMBER.

SO WHAT ASSOCIATED WITH THAT, WHAT HAS HAPPENED IN THE PAST AND WHAT I'VE SEEN OTHER CITIES DO IS GENERALLY THERE'S AN ORDER.

YEAH, THERE'S AN ORDER TO REPAIR, THERE'S AN ORDER TO DEMOLISH IF THAT DEADLINE HAPPENS, AND THAT'S WHAT WE'RE GONNA HAVE THE BOARD MEMBERS SIGN IT.

THAT'S WHY I'M KIND OF ASKING YOU GUYS TO INCORPORATE THAT IN YOUR MOTION.

MM-HMM .

ONCE YOU SIGN IT AND THAT'S OF, OF, UM, KIND OF EFFECTIVE, THEN WE KIND OF WAIT AND SEE.

AND WE HOPE FOR COMPLIANCE BECAUSE THAT'S ALWAYS WHAT WE WANT.

SURE.

IF THAT DOESN'T HAPPEN, ONE OPTION WOULD BE IS WE COULD ACTUALLY BRING THIS BACK

[00:30:01]

AND WE KINDA SAY LIKE, HEY, AND WE'LL NOTICE THEM AGAIN.

COME IN, LET US KNOW, TRY TO SEND NOTICES TO THEM.

WE'LL, AND IN THE RECORD, WE'RE HAPPY TO PROVIDE YOU PROOF OF OUR CERTIFIED MAILS THAT WE SENT IT TO THE PERSON.

WE'LL HAVE YOU SHOW YOU PROOF THAT HEY, THIS IS THE PERSON THAT THE APPRAISAL DISTRICT SAYS IS PAYING THE TAXES.

AND THIS IS PROOF THAT WE'RE ACTUALLY SENDING THE NOTICES TO THE SAME ADDRESS THAT SHE PUT ON THE APPRAISAL RECORDS.

KIND OF SHOW YOU THAT, YOU KNOW, WE'RE, WE'RE DOING EVERYTHING ABOVE BOARD, WE'RE BEING VERY, VERY TRANSPARENT.

AND AT THAT POINT WE CAN COME BACK AND WE CAN DO SOMETHING LIKE A, AN ORDER FOR CIVIL PENALTIES MM-HMM .

UM, IT CAN SAY, HEY, IF WE'RE GONNA GIVE YOU AGAIN ANOTHER CHANCE, ANOTHER 30 DAYS, OR COME BACK AND CONTACT US.

USUALLY IT'S A WAY TO KIND OF GET PEOPLE WE, WHAT WE WANT IS PEOPLE TO COME IN AND TALK WITH US.

'CAUSE WE DON'T WANNA FORCE YOU TO DO ANYTHING.

WE WANT THE PROPERTY OWNER TO TAKE RESPONSIBILITY, SELL YOUR HOUSE, DO SOMETHING, BUT YOU DO IT.

WE DON'T WANNA DO IT FOR YOU.

UM, WE HAD, WE HAD A FEW OF THOSE YEARS AGO WHERE, WHERE THERE WOULD, THERE WAS A BACK AND FORTH AND LAST A WHOLE YEAR OR SO AND FINALLY, SO IF THEY COME BACK AT THAT POINT, THEN NOW WHAT'LL HAPPEN RIGHT NOW IS WE HAVE THIS ORDER AND WE CAN FILE THIS ORDER WITH THE COUNTY CLERK'S OFFICE THAT GIVES ANY, ANY SORT OF FUTURE PURCHASER, UM, NOTICE THAT THERE'S THIS PENDING SITUATION.

SO THEY CAN'T SAY, HEY, I DIDN'T KNOW ABOUT IT.

IT'S FILED OF RECORD, IT'S CONNECTED TO THE PROPERTY ADDRESS, SO YOU'RE ON NOTICE IF ANYONE WANTS TO BUY IT OR IF IT SWITCHES HAND JUST REALLY QUICK.

BUT IN REGARDS TO CIVIL PENALTIES, UM, THAT'S SOMETHING THAT WE CAN FILE OUT OF RECORD AS WELL.

WE CAN COME BACK AT A LATER DATE.

THE BOARD COULD CHOOSE TO ASSESS CIVIL PENALTIES.

AND THEN AT THAT POINT, UM, IF THE CITY, IF IT JUST KIND OF GOES ON AND THE PERSON OR SOMETHING LIKE THAT HAPPENS, THEN WE HAVE THE OPTION OF ACTUALLY TALKING TO COUNSEL ABOUT, HEY, WE ACTUALLY WANT TO DO SOME ENFORCEMENT.

NOW THAT WAS SOMETHING THAT WOULD BE A COUNCIL DECISION BECAUSE THAT WOULD BE LITIGATION.

WE'D BE INITIATING SOMETHING.

AND ANYTIME WE DO THAT, THAT IS ALWAYS AT THE DISCRETION OF COUNSEL.

THEY MAY OR MAY NOT SAY YES.

UM, IN SOME CITIES WHERE I'VE WORKED AT, UH, CITY OF DALLAS, FOR INSTANCE, THE BUILDING STANDARDS COMMISSION WAS VERY ACTIVE.

WE HAD A LOT OF AREAS THAT WERE, YOU KNOW, SOME AREAS WERE A LITTLE BIT BETTER CONDITIONED THAN OTHERS.

AND SO CODE ENFORCEMENT WAS VERY, VERY BUSY.

AND SO YOU WOULD HAVE SOME OF THESE PROPERTIES WHERE THEY WOULD BE, CORPORATIONS MAY BE IN CALIFORNIA AND THEY WOULD COME IN AND DO MINIMAL TRY TO FLIP 'EM, AND THEY WOULDN'T DO ANYTHING TO ACTUALLY BRING UP THE PROPERTY.

SO THERE WOULD BE JUST VERY, VERY BAD CODE OF VIOLATIONS AND PEOPLE WOULD BE LIVING IN THERE AND PEOPLE WITHOUT MEANS.

AND SO SOME OF THE SITUATIONS WE HAD IS YOU HAVE TO BE CAREFUL, AND THAT'S WHY A COUNCIL'S INVOLVED IS IF YOU PUT TOO MUCH, UH, HIGHER BURDEN OF CIVIL PENALTIES, UM, THEN IF THEY DO TRY TO SELL IT BECAUSE THEY'RE LIKE, I, I'M, I DON'T HAVE THE MEANS TO IT, THAT KIND OF BECOMES AN IMPEDIMENT TO THE SALE.

AND SO THEN YOU HAVE TO KIND OF INVOLVE COUNSEL AND KIND OF ASK SOME QUESTIONS.

SO THERE'S A WHOLE STRATEGY INVOLVED WITH USING CIVIL PENALTIES, AND YOU KIND OF HAVE TO DO IT WITH YOUR EYES OPEN.

LIKE I SAID, THIS, WE ALWAYS WANT TO, WE DON'T, WE DON'T WANNA TAKE CARE OF PEOPLE'S PROPERTY FOR THEM.

WE WANT THEM TO TAKE CARE OF IT.

THIS IS JUST ANOTHER TOOL FOR US TO KIND OF GET PEOPLE'S ATTENTION.

AND IF IT'S A WORST CASE SCENARIO AND THERE IS A HEALTH HAZARD AND WE NEED TO GO AND DO SOMETHING LIKE THAT, THEN GENERALLY WHAT WE WOULD DO IS WE WOULD GET AN ORDER FROM YOU GUYS.

BUT BEFORE WE DO ANYTHING WITH ANYONE'S PROPERTY, WE WOULD ALSO GET A DISTRICT COURT TO COME AND KIND OF BLESS THE TRANSACTION.

IT'S EITHER A DISTRICT COURT OR WE COULD POTENTIALLY DO OUR, OUR MUNICIPAL COURT AS A COURT OF RECORD.

SO WE COULD KIND OF HAVE THEM TAKE A LOOK AT IT AND KIND OF GO THROUGH SOME SORT OF DUE PROCESS.

SO BUILDING ON THIS, SINCE WE'RE STILL IN MEETING MM-HMM .

CAN WE MOVE THAT IF ACTION IS NOT TAKEN TO DEMOLISH BY OCTOBER 20TH, STIPULATED THE DOCUMENTS IS THAT AN ASSESSMENT IS A CIVIL ASSESSMENT IS MADE, AND CAN WE VOTE ON THAT TONIGHT TO MAKE THAT ACTIVE? MY CONCERN IS JUST WHAT YOU RAISED THE COST TO THE CITY FOR PEST CONTROL TO MAKE THE NEIGHBORHOOD NICE.

AND, AND THERE'S ALSO OTHER, UH, COMPLICATIONS AS WELL AS FAR AS PEST CONTROL TYPE SITUATIONS.

THE CITY WILL INTERVENE IN CERTAIN WHEN CERTAIN SITUATIONS ARE GRAND ENOUGH THAT IT AFFECTS THE COMMUNITY OR NEIGHBORHOOD AT LARGE, PERHAPS.

BUT WHAT WE ALSO HAVE TO BE CAREFUL FOR IS WE CANNOT USE CITY FUNDS, GOVERNMENT FUNDS, WHICH IS TAXPAYER FUNDS TO BENEFIT A SINGLE PROPERTY BECAUSE THAT'S TANTAMOUNT TO A GIFT OF PUBLIC FUNDS.

MM-HMM .

AND THAT'S NOT ALLOWED.

ALRIGHT.

NOW WE JUSTIFY IT IN THE, IN SOME SENSES, FOR INSTANCE, IF WE SEE A HOUSE AND IT HAS BROKEN UP WINDOWS, WE CAN KIND OF JUSTIFY GETTING SOMEONE TO LIKE BOARD UP THE WINDOWS BECAUSE THAT'S, YOU KNOW, WE DON'T WANT AN ATTRACTIVE NUISANCE WHERE KIDS ARE INVOLVED.

WE DON'T WANT KIND OF A SITUATION THAT KIND OF, BUT KIND OF PEST CONTROL OR THINGS OF THAT NATURE.

THAT'S WHEN IT STARTS TO GET INTO THE AREA OF, YOU REALLY HAVE TO LOOK AT, IS THIS REALLY, IS IT A PEST SITUATION THAT'S JUST REALLY FOR THAT ONE HOUSE, IN WHICH CASE I'M VERY SORRY AND WE, WE WANT SOMEONE IN TO COME TAKE CARE OF IT.

OR IS IT SOMETHING WHERE IT'S JUST A BIZARRE SITUATION WHERE THE ENTIRE HOUSE IS A BEEHIVE AND LIKE ALL THE NEIGHBORS ARE BEING, YOU KNOW, STUNG ON A DAILY BASIS.

SO WE'D, WE'D NEED SOME ADDITIONAL FACTS TO JUSTIFY THE EXPENDITURE FOR THAT CASE.

OKAY.

BUT AS FAR

[00:35:01]

AND IF THEY DON'T, WE CAN COME BACK AND REVISIT AND THEN ASSESS CIVIL PENALTIES.

AT THAT POINT, WE KIND OF DO A TWO STEP PROCESS, WHICH IS NOT THE MOST EFFICIENT, BUT LIKE I SAID, WE WANNA GIVE PEOPLE AN OPPORTUNITY TO COMPLY BEFORE WE DO SOMETHING LIKE CIVIL PENALTIES.

AND THAT'S JUST, WE CAN DO IT DIFFERENT IN THE FUTURE, BUT THAT'S BEEN KIND OF THE PROTOCOL IN THE PAST.

OKAY.

THANK YOU.

SO ALL OF OUR MEETINGS, WE GENERALLY RELY ON A VERY STRONG CHAIR.

UM, THE REASON IS, IS BECAUSE WE WANT TO ENCOURAGE PEOPLE TO HAVE AS MUCH ABILITY TO ADDRESS.

YOU ARE A GOVERNMENT, GOVERNMENT BODY.

UM, YOU'RE NOT JUST AN ADVISORY BOARD.

YOU ACTUALLY MAKE FINAL DECISIONS.

IT DOESN'T GO TO ANYONE ELSE FOR REVIEW.

WHAT YOU DECIDE IS WHAT YOU DECIDE.

AND AT THAT POINT, IF SOMEONE DOESN'T LIKE IT, THEY HAVE TO BASICALLY GO AND GET A REMEDY FROM THE COURT SYSTEM.

THERE'S NO COUNSEL TO OVERRULE YOU.

AND SO BECAUSE OF THAT, IT'S VERY IMPORTANT THAT YOU COMPLY WITH ROBERT'S RULES, TEXAS OPEN MEETINGS, AND ALSO, UM, TEXAS PUBLIC INFORMATION ACT.

SO ROBERT'S RULES, BASICALLY, IT'S JUST A, A WAY TO MAKE SURE THAT IT'S ORDERLY.

FOR THE MOST PART.

MOST PEOPLE UNDERSTAND THE KIND OF CONCEPTS.

IF YOU WANT TO, ONE PERSON TALKS AT A TIME, UM, LET THEM TALK.

THE CHAIR IS THE PERSON WHO RECOGNIZES IF YOU MAKE A MOTION, THE MOTION HAS TO BE SECONDED, THEN YOU VOTE ON IT.

YOU'RE NOT MEANT TO BE AN EXPERT ON THIS.

STAFF IS HERE TO PROVIDE SUPPORT ON THIS.

I'M JUST LETTING YOU KNOW ABOUT KIND OF GENERALLY THESE ISSUES IN CASE I KIND OF INTERRUPT, WHICH I TRY NEVER TO DO TO KIND OF CLARIFY CERTAIN POINTS JUST BECAUSE THERE'S SOME AMBIGUITIES THAT I'M THINKING ABOUT.

SO DIFFERENT TYPE OF MOTIONS IS WHAT WE TALKED ABOUT HERE.

SO AGAIN, CHAIR HAS A LOT OF CONTROL, NOT JUST WITH BOARD MEMBERS, BUT ALSO, UM, SOME THINGS.

WE CERTAINLY HAD A FEW PEOPLE COME IN AND SPEAK TONIGHT.

SOMETIMES WE HAVE A LOT OF PEOPLE SPEAK TONIGHT.

WHEN THAT HAPPENS, THE CHAIR KIND OF HAS TO BE THE, THE PRINCIPAL OF THE THE GROUP AND KIND OF ORDER IT AND TELL PEOPLE, HEY, SETTLE DOWN.

AND ALSO LIKE, MAKE SURE PEOPLE AREN'T SPEAKING FROM IN THE AUDIENCE.

THEY HAVE TO COME HERE AND SPEAK IN THE MICROPHONE.

AND THAT'S FOR ORDER REASONS, BUT ALSO FOR LOGISTICAL REASONS.

IF WE TAKE MINUTES AND IF THEY'RE SPEAKING OVER THERE, STAFF CAN'T HEAR THE AUDIO AFTERWARDS.

UM, SO THAT'S KIND OF WHY.

UM, SO AGAIN, BECAUSE YOU ARE A, YOU'RE NOT THE CITY COUNCIL, BUT YOU'RE CONSIDERED A QUASI-JUDICIAL BECAUSE YOUR DECISIONS ARE FINAL.

PLEASE BE AWARE THAT, UM, ANY COMMENTS THAT YOU TALK ABOUT OR IF YOU SEND ANY TEXT MESSAGES, IF YOU SEND ANY EMAILS, EVEN IF THEY'RE ON YOUR PERSONAL ACCOUNTS, IF THEY'RE ABOUT THIS BUSINESS OF THIS BOARD, THAT IT DOES, IT'S SUBJECT TO PUBLIC INFORMATION ACT.

LOGISTICALLY HOW THAT WOULD WORK IS IF WE GET A PUBLIC RECORDS REQUEST, OUR CITY SECRETARY HAS A COPY OF YOUR EMAILS, SHE'LL SEND YOU A COPY OF THE REQUEST, SAY, HEY, DO YOU HAVE ANYTHING RESPONSIVE? IT'S THE HONOR SYSTEM.

WE KIND OF, IF WE ASK YOU THAT, YOU PROVIDE IT TO US.

AND IF YOU TELL US THERE'S NOTHING RESPONSIVE, WE GO ON OUR WAY.

AND IT'S REALLY THE ONUS ON YOU TO KIND OF BE TRUTHFUL WITH US.

SO, UH, WE HAVE DEADLINES IN PLACE, WE HAVE TO RESPOND THINGS, STATUTORY DEADLINES.

WE HAVE STAFF THAT MANAGES THAT FOR YOU.

SO WHENEVER THEY SEND YOU CORRESPONDENCE, IF THAT WORD EVER HAPPENED, I DON'T THINK IT REALLY DOES, BUT IF IT DOES, THEY'LL TELL YOU IN THE EMAIL, HEY, PLEASE RESPOND TO ME BY THE STATE.

IT'S NOT THAT WE'RE TRYING TO PRESSURE YOU, IT'S JUST WE HAVE OUR OWN STATUTORY OBLIGATIONS THAT WE HAVE TO COMPLY WITH.

AND OF COURSE WE ASK THAT YOU PROVIDE ANYTHING TO US UNREDACTED.

WE HAVE SPECIAL LEGAL TRAINING, NOT JUST ME, BUT OUR CITY SECRETARY'S OFFICE THAT KNOWS EXACTLY WHAT NEEDS TO BE WITHHELD, WHY NEEDS TO BE WITHHELD, AND IF WE NEED TO SEEK ANY PERMISSION FROM THE AGS OFFICE TO REDACT ANYTHING.

SO WE'RE FULLY AWARE OF THAT.

SO AGAIN, IF YOU HAVE ANY QUESTIONS, IF IT WERE TO EVER COME UP, IT USUALLY DOESN'T FOR UM, BOARD MEMBERS OF THIS LEVEL, JUST ASK US, LET US KNOW.

WE'RE HAPPY TO KIND OF WALK YOU THROUGH IT.

IT'S NOT, UM, TOO DIFFICULT.

IT'S JUST A WHOLE BUNCH OF LITTLE RULES AND FOR EVERY RULE THERE'S ABOUT FIVE OR SIX EXCEPTIONS.

SO IT'S TRICKY TO KEEP, UH, TRACK OF IF YOU DON'T DEAL WITH IT DAY IN AND DAY OUT.

IN ADDITION TO THAT, OPEN MEETINGS ACT IS VERY IMPORTANT.

UM, WHAT I, WHAT I TALK ABOUT THIS IS IT'S JUST BECAUSE YOU'RE MAKING THESE FINAL DECISIONS.

THE PUBLIC HAS A RIGHT TO HEAR YOUR DELIBERATION.

IF YOU WANNA SAY NO TO SOMEONE, IF YOU WANNA ORDER A HOUSE TO BE DEMOLISHED, THEY WANNA KNOW WHY YOU WANNA ORDER A HOUSE SUBPOENA.

THEY WANNA HEAR YOUR DISCUSSION.

THEY WANNA HEAR THE DISCUSSION OF STAFF WHEN THEY ARGUE THE CASE ON WHETHER SEEKING YOUR PERMISSION TO KIND OF HAVE THIS ORDER.

AND SO IF YOU'RE EVER KIND OF A, THE REASON THAT YOU'RE, YOU'RE APPOINTED TO THESE BOARDS IS BECAUSE COUNCIL REALIZES THAT YOU HAVE CERTAIN EXPERTISE, YOU HAVE CERTAIN CONNECTIONS TO THE COMMUNITY THAT MAKE YOU ESPECIALLY SUITED FOR MAKING THESE DECISIONS.

AND SO, UM, YOU MAY SEE EACH OTHER IN PARTIES, YOU MAY SEE EACH OTHER SOCIALLY.

UM, IT'S EXPECTED, IT'S JUST IF YOU SEE EACH OTHER, ESPECIALLY IF THERE'S A QUORUM OF YOU TOGETHER, UM, REFRAIN FROM TALKING ABOUT OFFICIAL CITY BUSINESS.

UM, IF YOU WANNA JUST TALK ABOUT GENERALLY THINGS, YOU CAN TALK TO EACH OTHER, YOU CAN HANG OUT TOGETHER.

[00:40:01]

AND THAT'S BECAUSE YOU'RE SPECIAL PEOPLE AND YOU GET TO MAKE THESE IMPORTANT DECISIONS.

AND SO THAT DISCUSSION NEEDS TO HAPPEN WHERE EVERYONE ELSE CAN HEAR YOU.

SO THAT'S THE REASON.

UM, I KIND OF ADDED THIS ONE SLIDE HERE GENERALLY TO TALK ABOUT CONFLICT OF INTEREST.

UM, FOR THE MOST PART IT DOESN'T REALLY APPLY, BUT I JUST KIND OF PUT IT IN THERE TO KIND OF LET YOU KNOW.

UM, BASICALLY THERE'S THE STATE LAWS IN CHAPTER 1 71.

UM, IT KIND OF SAYS IF YOU HAVE A SUBSTANTIAL INTEREST, SO FOR INSTANCE, IF ONE OF YOUR HOMES OR IF ONE OF YOU HAVE INCOME PROPERTY, COMMERCIAL PROPERTY OR SOMETHING THAT SOMEHOW WINDS UP ON THE DOCKET FOR WHATEVER REASON, UM, THEN YOU MIGHT NEED TO KIND OF CONSIDER WHETHER OR NOT YOU, YOU QUALIFY.

UM, SOME OF THESE RULES ARE KIND OF LIKE PUBLIC INFORMATION ACT RULES.

UM, USUALLY YOU'RE NOT GONNA HAVE A A LEGAL, UH, CONFLICT OF INTEREST.

YOU MAY FEEL UNCOMFORTABLE, YOU MAY HAVE A RELATION, PERHAPS YOU HAVE A FRIEND, PERHAPS YOU HAVE A FAMILY, SOMETHING LIKE THAT.

UM, BUT IT'S KIND OF TRICKY SOME OF THE ANALYSIS.

SO I WOULD ASK, IF YOU HAVE ANY QUESTIONS, LET STAFF KNOW.

GIVE ME A CALL.

STAFF HAS MY CELL PHONE.

I'M AVAILABLE TO ANSWER ANY PHONE CALLS THAT YOU MIGHT HAVE, UM, JUST TO KIND OF WALK YOU THROUGH WHAT THE ANALYSIS IS AND IF, UM, AND IT'S NEVER HAPPENED.

BUT IF WE DETERMINE THAT THERE IS SOME SORT OF, UH, UH, SITUATION THAT ACTUALLY HAS A LEGAL CONFLICT OF INTEREST MEETS ALL THE CRITERIA, THEN THERE'S A PROCESS THAT GOES THROUGH, WHICH MEANS THAT YOU HAVE TO OFFICIALLY DOCUMENT IT ON AN AFFIDAVIT THAT CITY SECRETARY MAINTAINS YOU FILE IT AND THEN YOU WOULD ABSTAIN FROM ALL SORT OF DISCUSSIONS OF THOUGHT.

THIS, THIS ACTUALLY CAME UP IN REAL LIFE.

OH YEAH, IT'S MY REAL LIFE.

OH, GOODNESS.

UM, AND, AND HOW, HOW IT HAPPENED IS THAT I HAPPEN TO BE A, AN OFFICER OF AMERICAN NATIONAL INSURANCE COMPANY AND EVERY YEAR WE HAVE TO SUBMIT A LENGTHY DISCLOSURE ABOUT, YOU KNOW, BOARD MEMBERSHIPS AND THINGS LIKE THAT.

AND THIS CAME UP, UH, MY MEMBERSHIP ON THIS BOARD BECAUSE IT'S POSSIBLE.

I MEAN, I'M NOT SAYING PROBABLE, BUT POSSIBLE THEY MIGHT WANT TO DO SOMETHING.

THEY HAVE BUILDINGS HERE IN LEAGUE CITY.

MM-HMM .

UH, THEY COULD COME BEFORE THIS BOARD.

AND I'M AN OFFICER OF THAT COMPANY MM-HMM .

AND SO I HAD, I HAD TO DISCLOSE THAT, YOU KNOW, THIS, UM, MEMBERSHIP ON THIS BOARD AND YOU BASICALLY SAID WHAT I JUST, WHAT I TOLD THEM WAS THAT ANY, UM, MATTER THAT CAME BEFORE THE, THE BOARD THAT INVOLVED THEM, I'D HAVE TO RECUSE.

I DON'T THINK I'D BE ABLE TO SIT IN JUDGMENT OF MY EMPLOYER.

SOME, SOME OF THEM ARE HARD, BUT, BUT AGAIN, YOU'RE ON THIS BOARD BECAUSE YOU HAVE THE EXPERTISE, YOU DEAL IN THIS INDUSTRY IN SOME FASHION OR FORM THAT MAKES YOU ESPECIALLY SUITED TO KIND OF HEAR THESE CASES.