[1. CALL TO ORDER]
          [00:00:09]
          >> GOOD EVENING, EVERYBODY. THANK YOU FOR BEING HERE TONIGHT AT THE CITY COUNCIL MEETING. IT IS TUESDAY JULY 16TH 2024 AND IT IS 7:00 P.M. INSIDE THE CITY HALL CHAMBERS. 
          AS AUTHORIZED BY SECTION 555001 OF THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED INTO CLOSE EXECUTIVE SESSION FOR THE PURPOSE OF SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY AGENDA ITEM HERE IN AND THE CITY RESERVES THE RIGHT TO RECONVENE SCENE, . FOR IN PERSON COMMENTS, REQUEST TO SPEAK FORMS AND INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS. 
          BEFORE WE CONTINUE, WE START OFF WITH AN INVOCATION AND TONIGHT, THAT WILL BE PROVIDE BY REVEREND TRAVIS BURDETTE OF THE FIRST METHODIST CHURCH. YOU MAY JOIN US IF YOU WISH TO. 
          >> PLEASE PRAY WITH ME. GOD OF THE CITY, WE GIVE THANKS FOR THIS GREAT DAY. WE GIVE THANKS FOR THESE LEADERS WHO GIVE OF THEMSELVES TO SERVE THE SAME. WE GIVE THANKS TO ALL WHO ATTEND HERE AND CARE FOR OUR CITY AND HOPE TO MAKE A DIFFERENCE IN PEOPLE'S LIVES. WE PRAY FOR OUR WORLD IN CONTENTIOUS TIMES. WE LIVE IN TIMES OF STRUGGLE AND HARDSHIP. 
          PEOPLE CAN GET AT EACH OTHER'S THROATS OVER POLITICS AND BELIEFS, YET WE ARE ALL YOUR CHILDREN. HELP US TO SEE THE GOOD WE CAN DO WHEN WE COME TOGETHER. WE PRAY FOR THE LEADERS ACROSS THE GOVERNMENT FROM THE LOWEST TO THE HIGHEST LEVELS. WE PRAY FOR THOSE WHO SEEK TO LEAD US AND WE PRAY FOR OUR COUNTRY AN ELECTION YEAR. GOD, THANK YOU FOR THE PRIVILEGE AND BURDEN IT IS TO LEAD YOUR PEOPLE. GUIDE US IN YOUR WILL AND WAYS. I WAS TO CARE FOR EVERY PERSON IN OUR COMMUNITY AS IF THEY WERE OUR OWN CHARTER CHILD BECAUSE THEY ARE YOURS. WE GIVE THANKS FOR THE STAY AND GIVE THINGS THAT YOU ARE WITH US IN THIS ROOM. O HOLY GOD, WE GIVE THANKS. AMEN. 
          >> ALL RIGHT. NOW FOR THE PLEDGE OF ALLEGIANCE. 
          >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC, OF WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. 
          >> CAN NOW, FOR THE TEXAS FLAG. HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND 
          INDIVISIBLE. >> THANK YOU. YOU MAY NOW BE SEATED. ALL RIGHT. I AM GOING TO COME UP THERE AND WE'RE 
          [4A. Presentation of Rowlett Veterans Recognition Program certificate to Veteran Danny G. Richardson.]
GOING TO DO ITEM 4A . CERTIFICATE TO VETERAN DANNY T RICHARDSON. ALL RIGHT. ALL RIGHT. SO, TONIGHT WE CONTRIBUTE TO HONOR THE TRADITION OF HONORING VETERANS. 
          IT WAS INITIATED IN 2017 AND THE VETERANS RECOGNITION PROGRAM IS A TESTAMENT TO OUR GRATITUDE AND COMMITMENT TO THOSE WHO SERVED OUR GREAT NATION. AND BY DOING THIS, WE ARE REAFFIRMING OUR PLEDGE AS A COMMUNITY TO REMEMBER, HONOR, AND SUPPORT OUR VETERANS NOT JUST IN WORDS BUT IN ACTIONS THAT ECHO THE DIGNITY, RESPECT, AND GRATITUDE THAT THEY SO RICHLY DESERVE. IT IS WITH GREAT HONOR THAT WE RECOGNIZE OUR 34TH VETERAN, MR. DANNY RICHARDSON, WHO SERVED IN THE U.S. MARINES. HIS SERVICE, LIKE THOSE BEFORE HIM EXEMPLIFIES COURAGE , SACRIFICE, AND PATRIOTISM OF THE HIGHEST ORDER AND I WILL NOW TURN IT OVER TO MR. CHRIS COZART WITH THE VETERANS RESOURCE AND OUTREACH CENTER WHO WILL PROVIDE DETAILS ABOUT MR. RICHARDSON' SERVICE. 
          >> THAT EVENING, EVERYBODY. AS ALWAYS, IT IS MY HONOR FOR THIS PART OF THE CITY COUNCIL MEETING THAT I GET A CHANCE TO RECOGNIZE SOME OF OUR ESTEEMED FOR OVER THE YEARS. DENNY IS DEFINITELY NO DIFFERENT . DENNY HAS A LONG CAREER IN THE MARINE CORPS SO, HE IS ONE OF THE FIRST ONES I ALWAYS LIKE TO START SOMETHING WITH WHAT WAS UNIQUE ABOUT HIM AND ALL OF MY THINGS I HAD TO GO THROUGH. AS MOST KNOW, I ALWAYS ASK FOR BIOS WHEN THEY GET 30 2/14. WE LOOK FOR EXACTLY WHAT THEY HAVE BEEN THROUGH AND THEN I HAVE THE PLEASURE/EXCITEMENT OF TRYING TO CUT IT DOWN TO SOMETHING THAT IS REASONABLE A TIMELINE THAT FITS OUR SCHEDULES. WELL, MR. RICHARDSON IS THE FIRST ONE WAS EVER GIVEN ME HANDWRITTEN NOTE. ALL SEVEN, 
          89 PAGES OF THEM. >> 
          >> YEAH. HE REMINDS ME OF THE OLD DAYS, RIGHT? WHEN WE USED 
          [00:05:01]
TO HAVE HANDWRITING CLASSES WHEREAS TODAY IT IS ALL COMPUTERS AND PRINT EVERYTHING. SO, I WANT TO BE SURE AND TELL YOU THIS. IT IS REALLY COOL WHEN I GOT ALL OF THOSE. SO, TONIGHT, WE ARE HERE TO HONOR AND SHOW OUR APPRECIATION FOR THE SERVICE OF MASTER SERGEANT DANNY RICHARDSON. IN 1968, WHICH AGAIN WE ARE ALWAYS LOOKING FOR THOSE TO GO BACK IN TIME, ESPECIALLY THOSE IN THE 50S AND 60S ESPECIALLY, IN 1968, AT AGE 17 HE GRADUATED FROM HIGH SCHOOL WITH A SCHOLARSHIP TO PLAY FOOTBALL. DUE TO THE ONGOING CONFLICT, WE HAD IN VIETNAM, MR. RICHARDSON WENT TO THE DRAFT BOARD BUT I LOVE THIS PART -- WENT TO THE DRAFT BOARD TO ASK WHERE A COLLEGE DEFERMENT TO WHICH THEY REPLIED, NO. YOU ARE NOT ELIGIBLE AS YOU ARE ON THE NEXT LIST TO BE DRAFTED THE FOLLOWING MONTH. HOW FUNNY IS THAT, RIGHT? AFTER HEARING THAT, HE DECIDED TO ENLIST IN THE MARINE CORPS THUS ENTERING ON HIS OWN TERMS. HE ENTERED THE MARINE CORPS ON OCTOBER 7TH, 1969, WHERE HE WOULD BEGIN A LONG-STANDING CAREER OF APPROXIMATELY 30 YEARS. FROM 1969 TO 1989 IN ACTIVE DUTY AND FROM 1989 TO 1999 IN THE RESERVES. SO WE ALWAYS LOOK FOR THOSE WHO HAVE 30 YEARS IS NOT THAT IS A LONG TIME. SO, THANK YOU, AGAIN. HIS DEPLOYMENTS INCLUDE CAMP LEJEUNE, CAMP PENDLETON , THIS FIRST MARINE DIVISION AND THIRD AMTRAK BATTALION . THAILAND. DIDN'T SEE THAT ON THERE BUT THAILAND. 
          TWO TOURS IN OKINAWA JAPAN AND HE SPENT 11 MONTHS AT SEA , WHICH HE DID NOT GO FAR ENOUGH IN DESCRIBING WHERE HE LET WENT BUT THE FAR EAST. I DIDN'T GET ALL THAT STORY. HE WAS GOING TO BE DRAFTED BECAUSE OF THE CONFLICT AND ON THREE OCCASIONS, HE REQUESTED TO GO TO VIETNAM AND ALL THREE, HE WAS DENIED. WHO GETS DRAFTED AND ALMOST DRAFTED AND THEN TURNED THEM DOWN? AFTER HIS RETIREMENT, HE SPENT 15 YEARS WITH THE VENDING MACHINE BUSINESS . HE WOULD TEACH AND MENTOR OUR YOUTH AS A SPORTS COORDINATOR. HE JOINED THE AMERICAN LEGION WHERE HE LATER BECAME THEIR COMMANDER HE WOULD ALSO JOIN THE ROTARY CLUB WHERE HE WOULD LATER TAKE ON THEIR ROLE AS PRESIDENT. HIS ACHIEVEMENTS HAVE BEEN THE NAVY COMMENDATION MEDAL , THE NAVY ACHIEVEMENT MEDAL, THE RIFLE SHARPSHOOTER BADGE, THE PISTOLS SHARPSHOOTER BADGE , A LETTER OF APPRECIATION, THIRD AWARD. GOOD CONDUCT MEDAL WITH ONE SILVER STAR AND ONE BRONZE STAR. OVERSEAS RIBBONS WITH TWO BRONZE STARS. OVERSEAS REDEPLOYMENT RIBBONS WITH THREE BRONZE STARS. THE HUMANITARIAN SERVICE RIBBON, THE MERITORIOUS ACCOMMODATION, AND THE NATIONAL DEFENSE SERVICE MEDAL . MR. RICHARDSON OF COURSE HAS BEEN MARRIED FOR OVER 50 YEARS, 
          WHICH THAT IN ITSELF IS -- >> THAT WE ARE NOT COMPLEMENTING MR. RICHARDSON. WE ARE COMPLEMENT AND HIS WIFE. 50 YEARS IS A LONG TIME, I AM 
          TELLING YOU. >> 
          >> HE HAS TWO CHILDREN. I DID NOT GET THEIR NAMES BUT ONE BOY AND ONE GIRL. I WOULD LIKE TO READ A TRANSCRIPT THAT WAS WRITTEN ABOUT MR. RICHARDSON . SO, AS A TEACHER -- THIS IS FROM ONE OF HIS GENERALS THAT HE HAS. AS A TEACHER TO YOUNG MARINES, A SOURCE OF WISE COUNSEL AND AN EXAMPLE OF THOSE SOLDIER LEVER SHOES WE SO ADMIRE, HE HAD MADE A MARK ON THE CORE THAT WILL REMAIN LONG AFTER YOU HAVE LEFT OUR ACTIVE RANKS. THERE ARE MANY YOUNG MARINES YOU HAVE INFLUENCED LOVE CARRIED ON THE SAME FINE TRADITION THAT IS ALWAYS CHARACTERIZED THE UNITED STATES MARINE CORPS. THAT WAS SIGNED BY A.M. GREAT GENERAL U.S. MARINE CORPS . SOMEONE WILL KNOW THAT NAME. YOU KNOW, HIS BIO WAS ABSOLUTELY HUGE. IT IS REALLY HARD TO CONSOLIDATE DOWN TO A TIMELINE THAT I HAVE ABOUT FIVE OR SIX MINUTES HERE. WE WILL LET HIM OF COURSE HAVE A COUPLE MINUTES TO GIVE MORE DESCRIPTION BEYOND THIS BUT I WOULD LIKE FOR Y'ALL TO STAND AND HELP ME WELCOME OUR 34TH ROWLETT VETERAN, MASTER SERGEANT DANNY G. RICHARDSON. 
          >> 
          TALK. >> 
          [00:10:02]
          >> MR. MAYOR , ALL YOU FOLKS, THANK YOU FOR INVITING ME AND THANK YOU FOR ALL OF YOUR PATRIOTISM. I WOULD JUST LIKE TO SAY THAT 20 YEARS OF SERVICE WENT BY PRETTY QUICK. I WILL BE HONEST. IT SOUNDS LIKE A LONG TIME, BUT ON ACTIVE DUTY, 20 YEARS WENT QUICK. THE REASON I MADE THOSE 20 YEARS IS BECAUSE OF MY FAMILY. MY WIFE WHO KEPT THE LIGHTS BURNING AT NIGHT WHILE I WAS OUT IN THE FIELD WERE OVERSEAS WERE CLIMBING AROUND IN THE JUNGLE OR THE MOUNTAINS OR THE DESERT, YOU KNOW, I HAVE SEEN ALL OF THOSE CLIMATES. GOES ALONG WITH THE MARINE CORPS HYMN , BUT QUICK STORY. I WAS GOING OVERSEAS AND MY SON SITTING THERE GOES, DAD, THAT PLANE NEEDS A PAINT JOB. 
          WELL, AS A FLYING TIGER 747 AND I NEVER HEARD OF HIM UNTIL I FLEW ON THEM AND WHEN I CAME BACK, HE GOES, YOU KNOW WHAT, DAD? MOM AND NATALIE -- NATALIE IS HIS SISTER -- THEY CRIED WHEN HE LEFT BUT I DIDN'T. I JUST HELD IT INSIDE. AND I TOLD MY SON, I SAID, LOOK. YOU CAN CRY IF YOU WANT TO. IT IS OKAY TO CRY AND THAT ALWAYS STUCK WITH ME. AND ONCE AGAIN, I THANK YOU FOR INVITING ME. THANK YOU. 
          >> 
          >> 
          >> LORD HELP ME. >> 
          >> NO. IT IS TOUGH BEING A MARINE'S WIFE OR ANY MILITARY WIFE BECAUSE YOU BASICALLY HAVE TO SUCK UP A LOT OF STUFF AND JUST GO WITH THE FLOW AND, UNFORTUNATELY, HE HAD A LOT OF EMPTY PROMISES . I WILL BE HOME AT -- IT IS 4:00. IT IS 6:00 AND HE WAS DEVOTED MARINE. HE WAS OUT DOING WHATEVER DIDN'T GET DONE. AND I AM VERY APPRECIATIVE FOR WHAT HE DID , NOT ONLY FOR THE FAMILY, BUT FOR OUR COUNTRY. 
          >> CERTIFICATE HERE FROM THE CITY COUNCIL FOR MR. RICHARDSON. IT SAYS THE FREEDOM AND SECURITY THAT CITIZENS IN THE UNITED STATES OF AMERICA AND TODAY ARE DIRECT RESULTS OF THE BLOODSHED AND VIGILANCE OF THE UNITED STATES INFORMED ON RESOURCES OF THE GREAT HISTORY OF OUR NATION PROTECTING THE BLESSINGS OF LIBERTY AND PAYING THE PRICE OF FREEDOM FOR US ALL AND WE ARE ETERNALLY GRATEFUL FOR THOSE WHO HAVE SEEN THE HORRORS OF AWARD AND THE WORST OF SOCIETY AND CONTINUE TO SERVE AND SHOW THE BEST OF WHAT HUMANITY CAN BE AND WE ALSO HAVE ANOTHER 
          SURPRISE. HERE YOU GO, SIR. >> THANK YOU, SIR. 
          >> THANK YOU. >> 
          >> 
          >> I AM JUST FINE. THANK YOU. >> ALL RIGHT. THOSE OF YOU WHO HAVE BEEN TO THESE AWARD RECOGNITIONS BEFORE HAVE HEARD THE STORY BUT I ALWAYS LIKE TO TELL IT. I AM A VOLUNTEER. MY NAME IS LORI ALBERTS COATES. I VOLUNTEER WITH A FOUNDATION THAT IS AN INTERNATIONAL FOUNDATION THAT PROVIDES QUOTES OF COMFORT AND HEALING HAVE BEEN TOUCHED BY AWARD. SPOT ON. 
          I THINK YOU FIT THAT 100%. THE ORGANIZATION WAS FOUNDED BY A WOMAN NAMED CATHERINE ROBERTS. HER SON WAS IN IRAQ AT THE TIME. SHE HAD A DREAM ONE NIGHT THAT IN THAT DREAM A LITTLE BIT OF IT, SHE SAW A YOUNG MAN IN A AWARD ZONE SITUATION BUT ON THE EDGE OF HIS BED OR BETTING SITUATION. HE WAS VERY DISTRESSED. VERY DISTRAUGHT. WHO CAN IMAGINE THAT? YOU KNOW HOW DREAMS ARE. YOU COME AND GO AND TRYING TO FIGURE OUT AND HE'S THE STORY TOGETHER. THE NEXT PART OF THE DREAM THAT SHE REMEMBERED WAS THAT SAME YOUNG MAN WAS COVERED WITH A QUOTE AND HE WAS MUCH MORE AT EASE. NOW, MISS ROBERT IS A QUILTER SO SHE PUT THAT TOGETHER IN HER HEAD. THERE WAS A MESSAGE IN THAT FOR HER THAT SHE WOULD TAKE HER CRAFT, HER SKILL, AND 
          [00:15:02]
SHE WOULD START THIS FOUNDATION NAMED QUILTS OF VALOR AND IN THE 20 SOME YEARS THAT THE ORGANIZATION HAS BEEN AROUND , THEY HAVE AWARDED CLOSE TO 400,000 VOTES ACROSS THE UNITED STATES AND SOME ALSO IN OTHER PARTS OF THE WORLD WHERE MILITARY PERSONNEL ARE STATIONED. SO I AM HONORED TODAY TO BE ABLE TO PRESENT THIS QUOTE TO YOU. NOW THIS IS A EXTRA SPECIAL KICK OF THE STORY TO IT. ONE OF THE THINGS I LIKE TO DO AS A QUILTER IS ENGAGED OTHER PEOPLE , BRING THEM IN FOR A LITTLE SIT AND SO OR SOMETHING OF THAT NATURE. 
          ESPECIALLY IF I GET A CHANCE TO INVOLVE KIDDOS IN THAT. SO, LAST SUMMER, I HAD A CHANCE TO PARTNER WITH KIDS WHO ROCK . 
          ANYBODY KNOW THAT AN ORGANIZATION? I THINK A COUPLE OF YOU DO. A LOCAL KIDS MUSIC CAP AND I BROUGHT SOME BLOCKS IN FOR THE KIDS TO SIGN AND PUT THEIR THANK YOU NOTES ON. IT MAKES THIS ONE LITTLE BIT EXTRA SPECIAL, ESPECIALLY FOR RIGHT HERE IN ROWLETT. LOTS OF REALLY NICE FRIEZES FROM THE KIDDOS. 
          THE CLASSIC ONE. >> 
          >> HOME OF THE FREE, BECAUSE OF THE BRAVE, AND ALL KINDS OF REALLY UNIQUE PHRASES THAT THE KIDS WROTE. 
          >> I WILL CHERISH THAT FOREVER. >> YEAH. I'M GLAD THAT YOU APPRECIATE THAT. EVEN THE SECTION THAT HAS THE PLEDGE ON THAT. THE KIDS WHO RETURNED ACTUALLY GOT TO SEE EARLIER TODAY SO IF I MAY, I WOULD LIKE TO WRAP YOU IN THIS QUOTE. 
          THERE IS A LABEL ON THE BACK THAT HAS YOUR NAME AND IT ALSO MEANT IS ABOUT THE KIDS WHO ROCK ORGANIZATION. AND THEN, THE CERTIFICATE SAYS, QUILTS OF VALOR, QUOTED TO HONOR AND COMFORT AWARDED TO DENNY RICHARDSON MASTER SERGEANT MARINES COURT 1999 AT THE ROWLETT CITY COUNCIL MEETING QUOTED BY LORI AND QUIDS WHO ROCK WERE INVOLVED. THE OTHER THING THAT IS REALLY COOL ABOUT THIS, FIRST OF ALL THERE IS AN EXTRA STRING THAT IS A BONUS. YOU WILL FIND THEM ALL OVER MY CLOTHES. THE ACTUAL QUILTING WAS DONE BY A RETIRED ARMY VETERAN THAT LIVES HERE. THAT IS ANOTHER COOL THING THAT IS REALLY COOL. THE CERTIFICATE SAYS ON BEHALF OF THE QUILTS OF VALOR FOUNDATION, IN RECOGNITION OF YOUR SERVICE AND SACRIFICE FOR THIS NATION, IT IS A SERVICE SERVE HONOR AND COMFORT UPON YOU THROUGH THIS ÚAWARD OF THE QUOTE OF VALOR. 
          THOUGH WE MAY NEVER KNOW THE DEPTH OF YOUR SACRIFICE TO THE PROTECT AND DEFEND THE AMENITIES OF AMERICA, AS A GESTURE OF GRATITUDE FROM A GRATEFUL NATION, WE AWARD YOU THIS QUOTE OF VALOR. SO, THANK YOU VERY MUCH. 
          >> THANK YOU. >> YOU ARE VERY WELCOME. 
          >> 
          >> 
          >> THANK YOU. >> 
          [4B. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community Interest.]
          >> ALL RIGHT. THANK YOU. WE WILL NOW MOVE 4BON TO ITEM . 
          OPERATIONAL ISSUES. UPCOMING DATES OF INTEREST AND ITEMS OF COMMUNITY INTEREST. PRESENTING THIS ITEM TONIGHT IS 
          COUNCILMEMBER WINGET. >> THANK YOU, MAYOR. CITY ACADEMY CLASS ALLEGING REGISTRATION IS NOW OPEN. THIS EXCITING AND INTERACTIVE EIGHT WEEK PROGRAM GIVES RESIDENTS A BEHIND-THE-SCENES LOOK AT HOW LOCAL GOVERNMENT WORKS FROM THE CITY STAFF WILL DIRECTLY SERVE THE CITIZENS OF ROWLETT. 
          PARTICIPANTS GAIN A DEEPER UNDERSTANDING OF HOW THE MAJOR DEPARTMENTS WORK TOGETHER TO DELIVER SERVING SERVICES ON TIME, ON BUDGET, AND WITH AN EYE ON THE FUTURE. CLASS 11 RUNS THURSDAY EVENINGS 630 TO 830 P.M. THROUGH SEPTEMBER 19 THROUGH 14TH. SPACE IS LIMITED SO REGISTER TODAY BY VISITING ROWLETT.COM. ALSO FROM OUR COMMUNITY ENGAGEMENT STEAM, IF YOU ATTENDED OUR RECENT FIREWORKS ON MAIN EVENT, THESE LET US KNOW WE COULD IMPROVE BY CRITIQUING A QUICK MOMENT TO FILL OUT OUR SURVEY. YOUR FEEDBACK IS INVALUABLE AND HELPS US CREATE EVENTS THAT BRING COMMUNITY CLOSER TOGETHER. THIS CAN BE FOUND AT ROWLETT.COM/SURVEY . BE SURE TO 
          [00:20:03]
MARK YOUR CALENDAR FOR THAT. FROM OUR LIBRARY, IT IS THE LAST WEEK OF THE SUMMER READING PROGRAM AT THE LIBRARY. NEXT SATURDAY, JULY 27TH AT 11:00 A.M. IS THE END OF SUMMER CARNIVAL WHERE THE WINNING TICKETS OF THE GRAND PRIZE DRAWING WILL BE ALLOWANCE TO BE A. ALSO FROM OUR LIBRARY AND OUR ARTS AND AMENITIES COMMISSION, YOU CAN WIN CASH PRIZES. THE ARTS AND HUMANITIES IS ACCEPTING -- FROM OUR PARKS DEPARTMENT AS A REMINDER, JULY IS NATIONAL PARKS AND RECREATION MONTH. PARKS AND RECREATION DEPARTMENT HAS CREATED A FUN FILLED LINEUP OF ACTIVITIES TO CELEBRATE. YOU CAN JOIN OUR WHERE YOU BELONG CHALLENGE BY PICKING UP YOUR BINGO CARD AT THE RCC FRONT DESK. MEASURING WITH SOCIAL MEDIA WITH HASHTAG WHERE YOU BELONG, YOU CAN THEN BEING BRING YOUR COMPLETED BINGO CARD FOR CHANCE TO WIN A GRAND PRIZE. FOR MORE INFORMATION AND TO SCHEDULE ACTIVITIES, THE SENIOR ADVISORY BOARD IS ALSO SPONSORING A FREE SEMINAR ON HOW D.A.R.T. CAN BE USED TO BENEFIT ROWLETT SENIORS. THAT PRESENTATION WILL BE THIS FRIDAY JULY 19TH, 2024 AT 1220 A.M. FROM OUR PUBLIX WORKS TEAM, LAST WEEK OUR PUBLIC WORKS TEAM BROKE NEW GROUND ON EMBARKING ON THE FIRST IN-HOUSE PILOT ASPHALT RECONSTRUCTION PROJECT UPON CASTLE DRIVE. THAT PILOT PROJECT PRESENTS A SIGNIFICANT STEP TOWARD ENHANCING THE QUALITY AND COST-EFFECTIVENESS OF OUR FUTURE ROAD REPAIRS IN ROWLETT. COUNSEL ROAD WAS TEMPORARILY CLOSED FROM 6:00 A.M. TO 6:00 P.M. TODAY AND YESTERDAY IS NOW REOPENED. THE PROJECT IS EXPECTED TO BE COMPLETED WEATHER PERMITTING ON THE SUNDAY JULY 1ST. FINALLY, TO EXPEDITE STORM DEBRIS PICKUP, PUBLIC WORKS HAS DEPLOYED ITS OWN RESOURCES AND EQUIPMENT. AS OF TODAY, CITY CREWS HAVE COMPLETED THAT MONDAY FCC WROTE AND COMPLETED THE TUESDAY FCC ROUTE. THEY WILL CONTINUE ON TO THE ENTIRE AREA IS CLEAR AND MOVES SYSTEMATICALLY TO THE NEXT ROUTE. RESIDENTS ARE REMINDED ANY TRAFFIC OR DEBRIS WILL NEED TO BE REMOVED AND VEHICLES WE NEED TO BE MOVED PRIOR TO CITY PICKUP. FCC CONTINUES THEIR EFFORT COMPLETING THE FIRST ROUND OF THE CLEANUP FRIDAY JULY 12TH MOVING IT AROUND TO RESTARTING WITH THE MONDAY ROUTE OF THIS WEEK. THAT IS ALL THAT I HAVE. 
          >> THANK YOU, COUNCILMEMBER. I ALSO WANT TO AGAIN PROVIDE A BIG SHOUT OUT TO OUR PUBLIC WORKS DEPARTMENT FOR STEPPING UP AND GETTING OUT THERE. WE RENTED TWO GRAVEL TRUCKS AND WE NOW HAVE PUBLIC CREWS GOING AROUND THE CITY AND PICKING UP STORM DEBRIS TO HELP THE BACKLOG THAT FCC HAS AND WE HAVE MADE SOME SUBSTANTIAL PROGRESS SO SHUT OUT TO ARE ALL SOME OF THE QUIRKS TEAM FOR STEPPING UP FOR THE EFFORT. 
          NOW, AN ANNOUNCEMENT FROM COUNCILMEMBER REAVES. 
          >> ALL RIGHT. CALLING ALL THE ANIMAL LOVERS OUT THERE. MEET AERIAL AND RAPUNZEL. THOSE MILES. OUR ANIMAL SHELTER STAFF DOES THE BEST JOB GETTING SMILES FROM THE ANIMALS. THAT IS AERIAL AND RAPUNZEL. THEY ARE SEARCHING FOR THEIR WERE FOREVER HOME. THESE SWEETHEARTS ARE 5 TO 6 MONTHS OLD. WITH HER MEDIUM ENERGY LEVELS AND AFFECTIONATE PERSONALITIES, THEY WOULD MAKE A PERFECT ADDITION TO ANY FAMILY SO COME AND MEET THEM TODAY. YOU MIGHT JUST FIND YOUR NEW BEST FRIEND. 
          IF YOU  ARIELWOULD LIKE TO MEET, RAPUNZEL, OR ANY OTHER ANIMAL COME BY THE SHELTER AT 4402 INDUSTRIAL STREET FROM 10:00 A.M. TO 5 A.M. TUESDAY TO SATURDAY. PLEASE NOTE THAT ALL ADOPTIONS ARE CURRENTLY FREED. THE SHELTER IS CURRENTLY CODE RED WHICH MEANS WE ARE OUT OF SPACE AND WE URGENTLY NEED THE COMMUNITY'S HELP. OUR FURRY FRIENDS ARE IN DESPERATE NEED OF BEING RECLAIMED, FOSTERED OR ADOPTED. SO PLEASE IF YOU HAVE SPACE IN YOUR HEART AND HOME, CONSIDER GIVING THESE ANIMALS A SECOND CHANCE AT A HAPPY LIFE. 
          >> THANK YOU. DEPUTY MAYOR? >> YES. JUST A REMINDER THAT ROWLETT IS GOING TO BE HOLDING START CLASSES TO CLASSES IN A ROW AUGUST 3RD AND AUGUST 10 FROM 8:00 A.M. TO 6:00 P.M. IT IS A PRETTY INTENSE TRAINING SESSION AND IT IS ALSO A LOT OF FUN. IT IS OPEN TO THE PUBLIC FOR 25 HOURS $25 PER PERSON AND THERE IS A LINK TO REGISTER ON THE RCC FACEBOOK PAGE WHICH WOULD BE EASIER THAN ME TRYING TO REDO THE REIT URL. IF YOU ARE ALREADY A MEMBER, THE GENERAL MEETING WILL BE TOMORROW NIGHT AT 5100 DELL ROCK. HOPE TO SEE YOU THERE. 
          >> ANY OTHER ANNOUNCEMENTS, COUNSEL? ALL RIGHT. WE WILL 
          [5. CITIZENS’ INPUT]
MOVE ON TO THE CITIZENS INPUT WHICH AT THIS TIME COMES TAKEN FROM THE AUDIENCE ON ANY TAX . OUR FIRST SPEAKER TODAY IS LAUREN FRANKS FOLLOWING LAUREN FRANKS WILL BE MARKED TOXIC. 
          [00:25:05]
PLEASE COME UP, STAKE YOUR NAME, AND YOU WILL HAVE THREE 
          MINUTES TO SPEAK. >> ON JULY 26TH 1990, PRESIDENT BUSH SIGNED THE AMERICANS WITH DISABILITIES ACT AND I'M HERE TODAY TO SHARE WITH YOU WHAT IT IS LIKE LIVING WITH A DISABILITY. WE ALL HAVE DAYS WHERE YOU FEEL LIKE NOTHING ELSE COULD GO WRONG AND ALL YOU CAN DO IS GO TO BED AND START FOR THE NEXT DAY BUT FOR PEOPLE LIKE ME THERE'S NEVER A DAY I CAN START NEW. I WOKE UP WITH A PARTIALLY BLIND AND WEEKS LATER PARALYZED FROM THE CHEST DOWN. I HEARD THE WORDS MULTIPLE SCLEROSIS. A WORD THAT HAS HAUNTED ME SINCE MY LATE FATHER WAS DIAGNOSED IN HIS 50S. MONTHS IN THE HOSPITAL. THERE ARE TIMES I WILL MEAN A WHEELCHAIR, WALKER OR CANE AND SOME DAYS I CANNOT LEAVE MY BED AND THEN THERE ARE DAYS LIKE TODAY WHERE I STAND BEFORE YOU WITH STRENGTH AND A DESIRE TO SHARE HOW THE DISABILITY HAS AFFECTED MY LIFE EVEN THOUGH IN INSIGHT I LIVE IN FAIN PAIN . THIS IS WHAT WE CALL AN INVISIBLE DISABILITY. YOU CAN'T SEE MY BRAIN AND SPINE BUT HAS LESIONS AND NEVERTHELESS THEY HAUNT ME. IT IS NO SECRET THAT DOWNTOWN ROWLETT HAS NEVER BEEN VERY ASSESSABLE. IT IS NOT POMPOUS. UNLESS YOU LIVE ACCOUNT IS IN MOBILITY IT IS ON SOMETHING FRONT AND CENTER OF YOUR MIND. 
          I KNOW IT WASN'T FOR ME UNTIL IT WAS. I HAVE DRIVEN AWAY FROM EVENTS BECAUSE I COULDN'T MUSTER THE STRENGTH TO WALK FROM A PARKING SPACE. I HAVE LEFT GROCERY STORES BECAUSE THE HANDICAP SPOTS WERE FULL. THERE AND THE TIME AT THE RCC THEY WERE IN AN INVALUABLE ASSET TO ME. THERE WERE AN EAR, FRIEND AND ALLY AND ONCE I PICKING OFF THE CONCRETE ONE HAD NO STRENGTH LEFT TO MAKE THAT LAST UP TO THE PUMPKIN STAND. WHEN I FELT HOPELESS I ALWAYS HAD A GROUP OF LEADERS . IN THEIR DISBANDMENT, I DO FIND COMFORT WITH NONPROFIT GROUPS AND ADVOCATES. MORE THAN ONE MEMBER PERSONALLY ASKED ME HOW THEY CAN MAKE MY EXPERIENCE BETTER. MY CHURCH FAMILY ALWAYS MAKES A CONFERENCE CONSCIOUS EFFORT TO SHOW GRACE. SOMETIMES, ALL WE NEED TO HAVE AS A FRIEND TO SHOW WHAT MORE CAN WE DO? HOW CAN WE MAKE ROWLETT MORE INCLUSIVE AND BRING PEOPLE LIKE ME POSTED TO THE FRONT OF MY MINDS? I AM GRATEFUL TO BE ALIVE AND HAVE THE PRIVILEGE TO LIMIT THE SIGNING THIS MONTH AND SPEAK FOR THOSE OF MY FATHER WHO WERE TAKING TOO SOON FROM THIS DISEASE. PEOPLE ALWAYS KNOW LET ME KNOW IF THERE'S ANY MORE THAT YOU CAN DO. TODAY I'M HERE TO TAKE YOU UP FOR THAT OFFER. FUN PROGRAMS AND THINGS TO EDUCATE. ASK QUESTIONS. KEEP UP THE EFFORTS TO ACKNOWLEDGE PART OF THE COMMUNITY WHO NEEDS A LITTLE EXTRA HELP. OUR NEED LOOKS DIFFERENT BETWEEN EACH PERSON BUT WE ALL HAVE THE SAME DESIRE TO BE INCLUDED AND THOUGHT OF CONSCIOUSLY. THANK YOU. 
          >> THANK YOU. >> NEXT SPEAKER IS MARK TASHSEC. STATE YOUR NAME AND RESIDENCE FOR THE CITY RECORD 
          AND YOU HAVE THREE MINUTES. >> MARK TASHSEC. THAT EVENING, CITY COUNCIL. MR. MAYOR. I WOULD LIKE TO STATE FOR THE COUNSEL I HAVE KNOWN MR. BRITTON FOR SEVERAL YEARS NOW AND I FOUND HIM TO BE A RELIGIOUS MAN AND A PERSON OF GREAT INTEGRITY. IN MANY OCCASIONS, HE HAS MADE TIME TO TALK TO ME ABOUT ISSUES AND PROVIDE GUIDANCE. HE HAS ATTENDED EVERY CITY EVENT THAT I HAVE EVER BEEN TO. HE REALLY SEEMS TO WANT TO HELP THE CITY OF ROWLETT AND THE PEOPLE OF THIS CITY. AS A VOTING CITIZEN OF 25 YEARS IN THIS CITY, I HAVE YET FOUND HIM TO BE AN EXTENDING MAN AND A MAN OF GREAT LEADERSHIP. ANY ACTION AGAINST MR. BRITTON WOULD BE ADVERSE ACTION AGAINST ALL CITIZENS OF THIS CITY AND COUNSEL. FAILURE TO FIND HIM CLEAR OF ANY VIOLATION WOULD BE 
          ABSURD. THANK YOU. >> 
          >> THANK YOU. NEXT SPEAKER IS DAVE HALL. AND THEN FOLLOWING DAVE HALL WILL BE BETSY WHITE. 
          >> >> DAVE HALL. ROWLETT. HERE IS A PICTURE AND I WILL PASS THIS OUT TO YOU LATER OF THE REPAIRS WE DID AT THE A.D.A. ACCESS POINT WHERE THE LADY HURT HER HEAD LAST WEEK AND LAST COUNCIL MEETING WE HAVEN'T REPAIRED IT YET BUT WE HAVE GOT A NOTE FOR A.D.A. ACCESS. THE ACCIDENT THAT TOOK PLACE WAS NOT A.D.A. SPECIFIC. ANYBODY USING IT AND THE LADY WHO WAS INJURED HAD NO DISABILITIES, BUT WHAT IS UNBELIEVABLE ABOUT THIS PICTURE, LOOK HERE. HERE IS A PERSON ILLEGALLY FISHING OFF THE DOCK AND HERE HE HAS GOT HIS FISHING RODS, LINES, HOOKS AND EVERYTHING WAITING ON THE DOCK WAITING FOR SOMEBODY TO STEP ON IT. HERE IS A PICTURE FROM ONE OF MY CUSTOMERS AND I WILL PASS THIS OVER TO YOU THIS WEEK GOT A PUNCTURE WOUND IN HER FOOT. SHE DID EVERYTHING RIGHT. BEST PRACTICES. HAD A CLOSED FOOTWEAR BUT THE WAY WE 
          [00:30:01]
RUN OUR WATERFRONT PARKS LEADS TO MORE THESE INJURIES AND ACCIDENTS. SOME SERIOUS. HERE IS A LIST. I WILL PASS THESE ALL OVER TO YOU AT THE END BUT NUMBER ONE, BARB WIRE LEFT BY TAKE LINE BY DEVELOPER. NUMBER TWO, TRAIL ALONG UNDEVELOPED LAKESIDE NORTHPARK. NUMBER THREE, FOUR, FIVE, ABANDON EROSION FENCE WAS A PRIOR ENTRY PASS IT. 788 FISHING GEAR LEFT BEHIND. PETAL POINT PARK. NO FISHING SIDE. NUMBER 90 FAMILY FISHING. BUCKING ASPECTS . PETAL POINT PUT IT ON. SATURDAY MORNING JULY 6TH WITH HALF A ROLL OF TOILET PAPER FROM THE WEEKEND, NUMBER 11 TOILET PAPER BLOWING AROUND PETAL POINT PARK. NUMBERS 12, 13, 14, WATERFRONT PARKING OVERFLOWING INTO VINEYARDS NEIGHBORHOOD. BUCKING MY EASEMENT. 15, PUDDLE IN FRONT OF TEXAS PARKS AND WILDLIFE PEDDLING TRAIL SIGN. 
          POOR DESIGN. 16, BEST PRACTICE PRODUCTIVITY. HERE IS A POSITIVE ONE. BUG ENTERTAINING STEPHANIE'S PATRON ANGLERS CELEBRITIES IN HERE. YOU WANT TO READ THROUGH ALL OF THIS. 
          17, 18, 19, 20. JULY 4TH TRASH LEFT OUT ON JULY 5TH BECAUSE IF IT WAS A FRIDAY. 22, ILLEGAL BARBECUE GRILL AT PETAL POINT PARK. 23 FIRING AFTER CLEANUP STAFF AT LAKESIDE PARK. 24, JULY 4TH TRASH TRUCKLE DUMP ON PARK GROUND FROM ILLEGAL BARBECUE GRILLS. 25, PICKUP TRUCKS BE SPEEDING OUT OF PUDDLE POINT PARKING LOT AFTER DRIVING . WITH PASSENGER LETTING MILLAGE DRIVER. LET'S GET OUT OF IT. 26. I WILL PASS THIS ON FOR YOU TO TAKE A LOOK AT AND I WILL PICK IT UP A DAY LATE SO YOU HAVE TIME. DON'T JUST PASS IT ON TO THE NEXT PERSON BUT THESE ARE IMPORTANT THINGS THAT AFFECT THE SAFETY OF OUR PARK, THE QUALITY OF OUR LIFE. THANK YOU FOR THE 
          OPPORTUNITY. >> THANK YOU. 
          >> NEXT SPEAKER IS BETSY WHITE AND FOLLOWING BETSY WHITE IS 
          SUSAN . >> GOOD EVENING. MER. COUNSEL. 
          CITY MANAGER AND STAFF. THERE IS A SAYING I'M SURE MOST OF YOU HAVE HEARD IT AND YOU CAN PLEASE SOME OF THE PEOPLE SOME OF THE TIME BUT NOT ALL OF THE PEOPLE ALL THE TIME. THIS IS TRUE FOR ME AS WELL WITH FISCAL YEAR 2025 2026 BUDGET. I AM ACTUALLY REALLY HAPPY WITH MOST OF IT. I AM REALLY THRILLED ABOUT MOST OF IT. THE INCREASE IN PAY TO OUR VALUED EMPLOYEES IS WONDERFUL. I AM SORRY THAT IT TOOK THIS LONG TO GET US UP TO SPEED WITH SOME OF OUR COMPETING CITIES, BUT I AM VERY HAPPY TO SEE POLICE AND FIRE GET ALMOST ALL OF WHAT THEY WANT AND I THINK BOTH BUDGETS ARE FISCALLY SOUND AND PRUDENT. 
          PATELLAR TRUCK TO NEW AMBULANCES LIFESAVING EQUIPMENT, APC, UNIFORMS AND EQUIPMENT FOR THE POLICE DEPARTMENT PLUS MAKING THE BEST USE OF THE SPACE OF THE CURRENT DEPARTMENT INTO THE NEW PD CAN BE BUILT. THIS IS AN OKAY STOP GAP UNTIL THIS NEW ONE CAN BE CONSTRUCTED AND BUILT AND IT HELPS TO KEEP OUR SELFLESS OFFICERS PRODUCTIVE AND HAPPIER. ALL OF THIS IN A NEW CITY HALL AT NO TAX INCREASE AND A DECREASE IN THE COST TO REFUGE. THANK YOU FOR YOUR HARD WORK AND DUE DILIGENCE IN KEEPING OUR BUDGET BALANCED. 
          >> THANK YOU. NEXT SPEAKER IS SUSAN ARUTZIA. FOLLOWING SUSAN ARUTZIA IS CATHERINE HUDDLESTON. 
          >> SUSAN ARUTZIA. ROWLETT. I WANT TO FOLLOW UP ON THE ELEGANT WORDS OF LAUREN FRANKS REGARDING PEOPLE WITH DISABILITIES. THE DEI COMMUNITY PROJECT WHICH IS TO RECOGNIZE DISABILITY STARTED BY ISSUING A MEMORANDUM OF RECOGNITION. THE AMERICANS WITH DISABILITIES ACT WAS SIGNED INTO LAW 34 YEARS AGO ON JULY 26TH 1990. PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES IN MANY AREAS OF PUBLIC LIFE, INCLUDING JOBS, SCHOOLS, TRANSPORTATION, AND MANY PUBLIC AND PRIVATE PLACES THAT ARE OPEN TO THE GENERAL PUBLIC. FOR OVER 61 MILLION DISABLED AMERICANS, IT IS MUCH MORE THAN A LAW. IT IS THE KEY TO A QUALITY OPPORTUNITY AND INDEPENDENCE. IN SUPPORT OF THIS LANDMARK LEGISLATION, THE DEI COMMUNITY PROJECT RINGS FORTH THIS MEMORANDUM OF RECOGNITION BECAUSE IT IS IMPORTANT TO RECOGNIZE THAT THE DISABILITY EXPERIENCE IS A NATURAL PART OF LIFE AND PEOPLE 
          [00:35:03]
WITH DISABILITIES ARE A DIVERSE GROUP WILL HAVE BOTH SEEN AND UNSEEN CHALLENGES. AND BECAUSE DISABILITY IS A SOCIAL CONSTRUCT WHERE THE LABELS OF DISABILITY ARE TOO OFTEN USED TO DEFINE A PERSON'S VALUE IN SOCIETY AND BECAUSE PEOPLE WITH DISABILITIES STILL OFTEN FACE SEGMENTS AND IS DISCRIMINATION AND BECAUSE PEOPLE WITH DISABILITIES ARE UNDERREPRESENTED AND UNDERSERVED IN COMMUNITIES ALTHOUGH THEY NEED AND DESERVE THE SAME RIGHTS AND OPPORTUNITIES AS EVERYONE ELSE AND BECAUSE ME WAS CONTINUE TO ADDRESS THE INJUSTICES AND INEQUITIES THAT EXIST FOR PEOPLE WITH DISABILITIES AND BECAUSE IT IS VITAL TO PROMOTE AND SUPPORT ALL INITIATIVES THAT CONTINUE THE WORK TO ENSURE THAT PEOPLE WITH DISABILITIES ARE FULLY ABLE TO PARTICIPATE, CONTRIBUTE, AND THRIVE IN THEIR COMMUNITIES, AND BECAUSE THE AMERICANS WITH DISABILITIES ACT IS AN ESSENTIAL FOUNDATION TO THIS CONTINUED WORK , THEREFORE, TODAY, JULY 16, 2024, THE DEI COMMUNITY PROJECT RECOGNIZES DISABILITY INDEPENDENCE DAY TO COMMEMORATE THE SIGNING OF THE AMERICANS WITH DISABILITIES ACT . FURTHERMORE, WE ENCOURAGE ALL CITIZENS OF ROWLETT TO REFLECT ON THE IMPORTANCE OF EQUITABLE ACCESS FOR THOSE WITH DISABILITIES TO THE ECONOMIC, SOCIAL, AND CIVIC OPPORTUNITIES IN OUR CITY THAT MAKE IT THE PLACE TO LIVE, WORK, AND PLAY FOR ALL. THANK YOU. 
          >> THANK YOU. NEXT SPEAKER IS CATHERINE HUDDLESTON. WE HAVE NO OTHER SPEAKER CONFORMS AFTER MR. HUDDLESTON. 
          >> THANK YOU FOR THE OPPORTUNITY. I HAVE COME HERE NOT TO SPEAK TO THE ETHICS VIOLATION CHARGE AGAINST MIKE BRITTON IN JANUARY OF THIS YEAR. ACCUSATIONS HAVE BEEN MADE TO CAST A SHADOW OF IMPROPRIETY, CORRUPTION AND DISHONESTY OVER COUNCILMEMBER BRITTON. I BELIEVE THERE IS NOTHING FARTHER FROM THE TRUTH IN THESE FALSE ACCUSATIONS. 
          I'D LIKE TO PERSONALLY ATTEST TO THE CHARACTER OF COUNCILMAN MIKE BRITTON. I HAVE KNOWN MIKE NOW FOR THE ENTIRE TIME HE IS BEEN LIVING IN A ROW LET. I RESPECT HIM AS A MAN AND I AM SURE IF YOU KNOW THEM AT ALL, YOU WOULD AGREE. FIRST OF ALL, MIKE HAS SERVED ALL OF US IN OUR GREAT NATION OF THE UNITED STATES MARINES FOR 20 YEARS AND RETIRED AT THE RANK OF MASTER SERGEANT. WHAT AN HONORABLE POSITION. THANK YOU, MIKE, FOR YOUR SERVICE TO US ALL. WE HONOR YOU THROUGH THAT. THE REMAINDER OF MIKE'S CAREER WAS IN THE SECURITY INDUSTRY. NOW, LISTEN. HE DIVIDED RETIRED AS A DIRECTOR OF THE SECURITY OF NORTH TEXAS. OBVIOUSLY THIS POSITION REQUIRES A COMPLETELY TRUSTWORTHY AND BRAVE PERSON. MIKE WAS AND IS JUST THAT. NO MATTER WHERE HE IS HE IS RECOGNIZED AS A GREAT MAN AND PUT IN A HIGH POSITION BECAUSE OF HIS INTEGRITY. I PERSONALLY HAVE SEEN MIKE INTERACT WITH COUNTLESS CITIZENS. CITIZENS OF ALL TYPES IN ALL PLACES SUCH AS RESTAURANTS, CITY EVENTS, YOUTH IN THE SCHOOLS, YOUTH AND CHURCH EVENTS, BUSINESS SETTINGS FOR CHAMBER OF COMMERCE EVENTS AND MORE. NO MATTER WHAT THE SCENARIO, WHAT THE PERSON IS, HE IS INTERACTING WITH, I HAVE ONLY SEEN MIKE TREAT ALL BOTH GREAT OR SMALL, YOUNG OR OLD WITH SUCH SINCERE RESPECT AND GENUINE COMPASSION. I BELIEVE HOW YOU TREAT THE LOWLIEST PERSON SUCH AS A YOUTH OR AN ELDERLY PERSON SHOWS A MAN OR A WOMEN'S TRUE CHARACTER. THERE IS NO SELF GAIN IN TAKING TIME TO ACKNOWLEDGE CHILDREN OR ELDERLY PEOPLE. MIKE IS COMMITTED AS A FAMILY MAN CELEBRATING THIS LAST MONTH 42 YEARS OF MARRIAGE WITH HIS BEAUTIFUL BRIDE, RACHEL. AS BUSY AS MIKE IS, HE DRIVES ONE HALF HOURS ONE WAY VERY FREQUENTLY TO CHECK ON TO LOVE AND TO NURTURE HIS 97-YEAR-OLD MOTHER . MIKE DOES THIS SO HIS MOTHER WILL BE ABLE TO HAVE HER WISH COME TRUE TO LIVE IN HER OWN HOME UNTIL SHE TRANSITIONS TO HEAVEN. HE HAS EXPRESSED HIS LOVING COMMITMENT TO HIS MOTHER AND OUR PERSONAL CONVERSATIONS . ME HAVING THAT MY MOTHER ANYMORE, I HAVE TAKEN HER AS A LITTLE SURROGATE MAMA. ONE CANNOT DENY THIS TO BE ONE OF UTMOST INTEGRITY. TEACHING SUNDAY SCHOOL FOR MANY YEARS, HE DOES THIS BECAUSE HE CARES FOR OTHERS STILL IN GOOD CHARACTER AND TRUE THAN OTHERS JUST AS HE HAS DONE IN HIS OWN LIFE. THERE IS NO PAY IN ANY SELF GAIN. THERE'S ONLY SATISFACTION OF BETTERING OTHER PEOPLE. MIKE IS VERY HONESTLY A FAITHFUL MAN. AN HONEST MAN. 
          AND NO GREATER LOVE THAN THIS THAT A MAN LAYS HIS LIFE DOWN FOR HIS FRIENDS. MIKE IS NOT DIED FOR THOSE AROUND HIM BUT HE IS SET ASIDE HIS OWN SELF OR OTHERS. SACRIFICED FOR HIS FAMILY, COMMUNITY, CHURCH AND FRIENDS. HE DESERVES OUR RESPECT AND I'M VERY PROUD TO CALL MIKE MY BROTHER AND MY 
          [00:40:03]
          FRIEND. GOD BLESS YOU ALL. >> 
          >> THANK YOU. NEXT SPEAKER IS DESOLATE WE RECEVED ONE MORE FORM. IT IS GOING TO BE KELLY MCGEE. AGAIN, COME UP AND SAY YOUR NAME FOR THE CITY RECORD. AFTER THAT YOU HAVE THREE MINUTES. AFTER THAT, WE DO NOT HAVE ANY MORE REQUEST TO SPEAK 
          FORMS. >> MY NAME IS KELLY MCGEE AND I LIVE IN A ROW LET TEXAS. AS YOU KNOW, I AM THE ONE THAT FILED THE ETHICS COMPLAINT THAT YOU WILL HEAR ABOUT LATER IN YOUR EXECUTIVE SESSION. I HAVE BEEN GETTING A LOT OF QUESTIONS BACK FROM COUNCIL MEMBERS AND OTHERS. APPARENTLY IT CONFUSES EVERYONE SO I FIGURED I WOULD COME UP AND TAKE A MOMENT SIMPLIFY IT FOR YOU. NOT AN ATTACK FOR MR. PRINCE CHARACTER BUT HIS ACTIONS ON JANUARY 16TH, 2024. IT IS AS SIMPLE AS THAT. MR. BRITTON IS A ROWLETT CITY COUNCILMEMBER . HIS DAUGHTER, JULIE, IS MARRIED TO COLE HEDGECOCK. MR. BRITTON IS RELATED TO MR. HITCHCOCK BY ONE DEGREE OF INFINITY PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 573 .024 . MR. HITCHCOCK IS EMPLOYED AS SENIOR PASTOR AND RECEIVES MORE THAN 10% OF HIS INCOME FROM FIRST BAPTIST CHURCH OF ROW LET. HEREAFTER I WILL REFER TO THEM AS FVC. MR. MICHALUK HAS A SUBSTANTIAL INTEREST IN SBC PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 171.002. AS SUCH, MR. BRITTON HAS A SUBSTANTIAL INTEREST IN FBC FOR THE TEXAS LOCAL GOVERNMENT CODE. BECAUSE OF THAT ONE DEGREE OF INFINITY. THAT IS HIS SON-IN-LAW. ON JANUARY 16TH, DURING THE CITY COUNCIL MEETING, ITEM FIVE A WAS PRESENTED WHEREBY THE PROPERTY OWNER FIRST BAPTIST CHURCH FTC MADE A REQUEST TO REZONE ITS PROPERTY IN ORDER FOR IT TO BE SOLD TO A DEVELOPER TO BUILD TOWNHOMES ON THE SAME. DURING THE PRESENTATION OF ITEM 58 COUNCIL, PROPERTY HAD NOT YET BEEN PURCHASED AND THE SALE WAS CONTINGENT UPON REZONING. MEANING THAT JH DESIGN BUILD -- THE BUILDER -- WOULD ONLY BE PURCHASING THIS PROPERTY IF THE ZONING CHANGE WERE TO BE APPROVED. FBC WOULD NOT BENEFIT FROM THE SALE OF THE PROPERTY UNLESS THIS REZONING CHANGE WERE APPROVED BY COUNCIL. MR. BRITTON DID NOT DISCLOSE HIS SUBSTANTIAL INTERESTS AS HE IS REQUIRED TO DO SO UNDER THE LAW DURING THE MEETING. THERE WAS A TIME DURING THE MEETING WHEN MR. BRITTON, MR. MICHAELIS AND THEN CITY ATTORNEY RETREATED TO ANOTHER ROOM FOR A PERIOD . HAVING SAT ON CITY BOARDS AND COMMISSIONS, I KNOW THAT WHEN YOU GO INTO A DIFFERENT ROOM WITH THE CITY ATTORNEY, IT IS USUALLY HIM TELLING YOU THAT YOU HAVE PERHAPS A CONFLICT. AND YOU COULD OR SHOULD DISCLOSE AND RECUSE YOURSELF FROM THE VOTE. I ASSUME THAT IS WHAT HAPPENED. I DON'T KNOW THAT TO BE TRUE. UPON HIS RETURN TO THE DAIS, NOT ONLY DID MR. BRITTON STILL NOT TO FILE A AFFIDAVIT DISCLOSING HIS SUBSTANTIAL INTEREST AS IS REQUIRED TO DO SO, BUT HE MADE THE MOTION TO APPROVE THE ITEM 
          IN FAVOR OF SBC. >> THANK YOU. 
          >> RIGHT. WE WILL GO AHEAD AND MOVE ON TO THE CONSENT AGENDA. 
          [6. CONSENT AGENDA]
THE CITY COUNCILMEMBER HAS REQUESTED ITEMS BE REMOVED FROM THAT REQUEST AGENDA FOR INDIVIDUAL CONSIDERATION. WE HAVE PULLED ITEM 6F WHICH IS REGARDING THE DISASTER DEBRIS CONTRACT WITH CROWDER GOLF FOR INDIVIDUAL CONSIDERATION . WITH THAT BEING SAID, CITY SECRETARY -- I'M SORRY. 
          >> PULL ANY INDIVIDUAL CONSENT AGENDA ITEMS FOR CONSIDERATION? SEEING NONE, WE NOW READ THE CONSENT AGENDA ITEM. AN ITEM SIX A. CONSIDER ITEMS ACTION CONSIDERING THE MINUTES. 7C, CONSIDER ACTION TO CONSIDER RESOLUTION FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS AND ASSOCIATED EQUIPMENT FOR THE FIRE DEPARTMENT. 7D CONSIDER ACTION TO APPROVE A RESOLUTION FOR THE PURCHASE OF 24 550 DIESEL 51 AMBULANCES FOR THE FIRE DEPARTMENT. 6E . CONSIDER ACTION TO -- 6G. CONSIDER ACTION TO APPROVE A RESOLUTION 
          [00:45:08]
APPROVING A CHANGE ORDER FOR $15,000 ON A PURCHASE ORDER NOT TO EXCEED $65,000 TO T-MOBILE U.S. INCORPORATED. 6H . 
          CONSIDER ACTION TO APPROVE A RESOLUTION APPROVING A RESOLUTION APPROVING AND AUTHORIZING A TASK AUTHORIZATION FOR CONDUCTION MATERIALS FOR THE SAPPHIRE BAY PUBLIC SAFETY FACILITY PROJECT. 6I CONSIDER ACTION TO APPROVE A RESOLUTION APPROVING AN ADDITION TO PURCHASE ORDER 22400403 FOR ROADWAY MATERIALS. 6J , CONSIDER ACTION TO APPROVE A RESOLUTION AUTHORIZING EQUIPMENT RENTAL FROM KIRBY SMITH FOR AN IN-HOUSE PROJECT TO RECONSTRUCT A PORTION OF CASTLE ROAD. AND 6K , CONSIDER ACTION TO APPROVE A RESOLUTION AUTHORIZING A ONE-YEAR CONTRACT WITH BOWDOIN CONCRETE WITH AN OPTION FOR AN ADDITIOAL THREE YEARS TO SUPPLY CONCRETE. 
          >> THANK YOU, COUNCIL. I ENTERTAIN A MOTION. 
          >> SECOND. >> ALL RIGHT. ALL THE VOTE. AND 
          [6F. Consider action to approve a resolution exercising the second of four optional one-year contract renewal periods for stand-by disaster debris removal services with CrowderGulf, LLC.]
THE CONSENT AGENDA ITEMS CARRIED. UNANIMOUSLY. WE WILL NOW MOVE ON TO OUR INDIVIDUAL CONSIDERATION ITEMS 6F, WHICH IS TO CONSIDER ACTION TO APPROVE A RESOLUTION EXERCISING THE SECOND OF FOUR OPTIONAL ONE YEAR CONTRACT RENEWAL PERIODS FOR STANDBY DISASTER DEBRIS REMOVAL SERVICES FOR CROWDER GOLF LLC. JUST WANT TO STATE BRIEFLY BEFORE WE -- YES? I WAS GOING TO GET THERE. SO, THIS ITEM WAS PULLED FOR INDIVIDUAL CONSIDERATION. THERE WERE SOME QUESTIONS AND THE PUBLIC ABOUT WHAT THIS MEANS, WHETHER THIS WAS GOING TO BE AN EXPENDITURE OF $6 MILLION OR IF THIS WAS AN ACTIVATION OF THE CONTRACT FOR THE CURRENT SITUATION THAT WE HAVE OUT THERE. THE ANSWER TO BOTH OF THOSE IS NO AND I WANT TO HAVE A PRESENTATION JUST TO 
          KIND OF GO INTO THAT. >> MAYOR. COUNCIL. THANK YOU GUYS FOR HAVING ME AND GIVING ME THE OPPORTUNITY TO SHARE THIS WITH ME TODAY. AS YOU GUYS KNOW, WE RECENTLY PUT THE CONTRACT UP FOR RENEWAL WITH CROWDERGULF, LLC FOR DISASTER DEBRIS REMOVAL CONTRACT. TO GIVE YOU GUYS A LITTLE BACKGROUND. ON MAY 17, 2022, CROWDERGULF WAS APPROVED AS A PRIMARY VENDOR FOR DISASTER DEBRIS REMOVAL . SERVICES FOR THE CITY OF VIE RESOLUTION 03 ¿ 22. THE INITIAL CONTRACT PERIOD WAS FOR 12 MONTHS WITH FOUR OPTIONAL ONE-YEAR RENEWAL PERIOD. THE FIRST RENEWAL PERIOD WAS RENEWED BY COUNCIL ON 2023 . SO WHAT WE ARE REALLY TRYING TO DO IS SEEK TO EXERCISE THE SECOND OF FOUR ONE-YEAR RENEWALS FOR THE PURPOSE OF PROVIDING STANDBY DISASTER DEBRIS REMOVAL SERVICES FOR THE CITY. ONE THING OF NOTE, WITH THESE CONTRACT IS THESE ARE FOR STANDBY SERVICES ONLY AND THEY DO NOT FINANCIALLY OBLIGATE THE CITY OF ROWLETT TO USE THE VENDOR OR EXPENDED FUNDS UNLESS WE ACTUALLY USE THEM. SO, TO SPECIFICALLY ADDRESS THE MAXIMUM FINANCIAL OBLIGATION, WHICH YOU KNOW IS ONE OF THE QUESTIONS THAT YOU GUYS HAD, REALLY, THAT WAS KIND OF SET IN A NUMBER OF WAYS. THE FIRST WAS BASED ON THE NEED TO ESTABLISH AN INTERNAL CONTROL TO ENSURE COMPLIANCE WITH FEDERAL REIMBURSEMENT REQUIREMENTS. 
          MEANING THAT WE MIGHT NOT RECEIVE FUNDS BUT IF YOU WANT FOLLOWING PROCEDURES, WILL HAVE TO GIVE THEM BACK. THE NOT TO EXCEED AMOUNT IS EXPECTED -- MEANING THAT THERE IS ENOUGH MONEY IN THERE THAT WE ARE NOT GOING TO BE HAMPERED AT THE BEGINNING BUT WE WILL BE ABLE TO KIND OF BE ABLE TO ASSESS WHERE THOSE ARE AND HOW THE CONTRACTOR IS ACTUALLY PERFORMING. THE THREE MAIN THINGS REALLY THAT KIND OF HELP SET THE $6 MILLION NUMBER NOT TO EXCEED $6 MILLION IS THAT 2015 EF TORNADO THAT GENERATED A DEBRIS ESTIMATE AROUND $300 300,000 CUBIC . WHICH CREATED QUITE A BIT OF DEGREE. AND THEN, OBVIOUSLY, THE HIGHEST RECEIVED RFP PROPOSAL IN 2022 WAS A BIT OF AROUND $6 MILLION. AND SO THAT IS HOW WE ENDED UP 
          [00:50:02]
AS A WHOLE WITH THAT NUMBER NOT TO EXCEED THE NUMBER OF $6 MILLION. AND ED IS HERE IF WE HAVE ADDITIONAL QUESTIONS THAT HE MAY BE ABLE TO ANSWER SPECIFICALLY. 
          >> THANK YOU. COUNCIL . RUSSIANS? COUNCILMEMBER SCHUPP? 
          >> JUST CURIOUS, MY UNDERSTANDING IS THAT THIS CONTRACT IS REALLY FOR MAJOR, MAJOR EVENTS . BASICALLY I WOULD CONSIDER FEMA TYPE EVENTS. WHAT IS THE TRIGGERING , YOU KNOW, AGENCY OR WHAT ACTUALLY TRIGGERS -- I GUESS WHAT PEOPLE ARE THINKING, WE HAVE GONE THROUGH A BIG WINDSTORM. PEOPLE HAVE DEBRIS ON THEIR YARDS FOR A LONG TIME AND PEOPLE WEREN'T HAPPY ABOUT IT. BUT I THINK IF I AM CORRECT, THAT DID NOT RISE TO THE LEVEL OF WHAT WE'RE TALKING ABOUT HERE. CAN YOU GIVE THE CITIZENS A FRAMEWORK OF WHAT WOULD KICK THIS IN? 
          >> SO, WE WERE NOTIFIED VERY QUICKLY AFTER THE STORM EVENT AT THE END OF ME THAT THE CITY WAS INFORMED FROM FCC THAT THEY WERE CAPABLE OF REMOVING THE DEBRIS. ADDITIONALLY, WHILE THE STORM DEBRIS OBVIOUSLY WAS VERY WIDESPREAD, THE DEBRIS CONSIST MOSTLY OF TREE LIMBS AND AFTER THE 2015 TORNADO, THE CITY ENTERED INTO A CONTRACT WITH A DISASTER DEBRIS REMOVAL COMPANY BECAUSE IT'S WASN'T JUST TREE RIMS. WE HAD ENTIRE HOMES THAT WERE BEING MOVED TO THE CURB. PRETTY EXPENSIVE. VERY DIFFERENT SCENARIO. ADDITIONALLY AT THAT TIME, WE ALSO WERE RECEIVING FEDERAL ASSISTANCE FROM FEMA FINANCIALLY AND SO THAT IS ANOTHER FACTOR AND THE IMPORTANT FACTOR AS WELL IS THE COST ASSOCIATED WITH THE DEBRIS REMOVAL IS PRETTY EXTENSIVE AND WHILE FCC EVENTUALLY DID SLOW THE DEBRIS REMOVAL PROCESS DOWN RECENTLY, WE CHOSE TO INSTEAD RENT TWO TRUCKS AND HAVE OUR PUBLIC WORKS IN THE DRIVERS SEAT TO REMOVE THE DEBRIS RATHER THAN SPEND UPWARDS OF OVER $300,000 FOR A CONTRACTOR TO COME IN ONE TIME AND REMOVE THE DEBRIS. SO THERE IS NOT A SPECIFIC TRIGGER POINT . IT IS CIRCUMSTANTIAL. AGAIN, IF WE WERE TO HAVE GOT A BIT ANOTHER TORNADO EVENT IN OUR CITY, WE WOULD LIKELY PROBABLY BE LOOKING AT AND ACTING THE DISASTER REMOVAL CONTRACT BECAUSE THE RESOURCES TO REMOVE THAT KIND OF DEBRIS IS JUST SOMETHING WE DON'T HAVE AND WOULD BE PRETTY EXTENSIVE. IN THIS CASE, CIRCUMSTANTIALLY DID NOT RISE TO THAT LEVEL. IS THAT 
          FAIR? OKAY. >> 
          >> THANK YOU. >> DEPUTY MAYOR SYNDER? 
          >> YOU SAID THE $6 MILLION WAS CALCULATED ON 350,000 CUBIC YARDS OF DEBRIS? WHAT WOULD HAPPEN IF WE HAD A REALLY, REALLY MAJOR INCIDENT THAT GENERATED MORE THAN THAT? IS THERE A PROVISION FOR GOING OVER THAT? 
          >> SO THERE WOULD BE A PROVISION THAT WOULD BE 
          AVAILABLE. YES. >> I WILL ANSWER THAT BECAUSE 
          YOU ARE MORE FAMILIAR. >> THIS WOULD BE FOR A SINGLE EVENT. IT WILL ALSO BE FOR A MULTIPLE EVENT TYPE OF SCENARIO. THE 320,000 CUBIC YARDS WILL NOT BE PICKED UP IN A MONTH. IT WILL BE PICKED UP IN A MONTH AND A HALF. THE CITY OF RICHARDSON FOR EXAMPLE, IF THEY ARE IN 200,000 CUBIC YARD, THE REASON FOR THE $6 MILLION LIMIT WAS AGAIN TO ENSURE THAT WE WERE IN COMPLIANCE WITH FEDERAL REGULATIONS FOR A REIMBURSEMENT SO THERE IS INTERNAL CONTROL MEASURE IN PLACE TO MAKE SURE WE DON'T MISS ANYTHING. OUR CONTRACTORS DON'T MISS ANYTHING. ONE OF MANY SAFEGUARDS WE HAVE IMPLEMENTED IN OUR CONTRACTS TO MAKE SURE THAT HAPPENS. SO THE 6 MILLION GIVE US ENOUGH TIME TO EVEN GO THROUGH AN ENTIRELY NEW BIDDING PROCESS. SO IF YOU WERE TO HAVE A DISASTER GENERATING 1 MILLION CUBIC YARDS THEN WE WOULD HAVE ENOUGH TIME TO REASSESS , EVEN REBID THE ENTIRE CONTRACT. 
          >> UNDERSTOOD. THANK YOU. >> COUNCILMEMBER REAVES? 
          >> YOU KIND OF ANSWERED IT BECAUSE IF IT IS A BIG MESS LIKE THAT, IT IS GOING TO TAKE A WHILE. SO LOOKING AT CROWDER GOLF IN THE CONTEXT WITH I BELIEVE IT IS PRONOUNCED SERIOUS IN DRC, I COULDN'T FIND THAT THEY HAD LOCAL OUTPOSTS OR LOCAL OFFICES THAT YOU HAVE TO BE A METROPLEX SO I'M ASSUMING THETRACT WORK. SO S THE REASON THE CONTRACT THEM IS THE FEMA APPROVED AND WE GET COST EFFICIENCIES USING THEM THROUGH THEIR SUBCONTRACTORS WHO I WOULD ASSUME WE HAVE BOOTS ON THE GROUND YOUR QUICKER WITH ALABAMA. 
          [00:55:03]
          >> CHRONICLES HEADQUARTERS IS IN ALABAMA. THERE IS NO FEMA APPROVED DEBRIS REMOVAL CONTRACTOR. IF WE WERE TO ACTIVATE THE REMEMBERABLE FIRM WE WOULD ALSO ACTIVATE IN TANDEM AND ALSO TO SAFEGUARD THE CITY. WE ARE PROHIBITED FROM IDENTIFYING LOCAL RESOURCES HOWEVER CROWDERGULF HAS SUBCONTRACTORS AND THE CONTRACT ALLOWS FOR RESOURCES THAT ARE LOCAL OR STATEWIDE. WHEN CROWDERGULF ACTIVATES THEY PULL RESOURCES FROM ALL OVER THE COUNTRY. 
          >> THANK YOU, COUNCIL. ANY OTHER QUESTIONS? ALL RIGHT. I WILL ENTERTAIN A MOTION. DEPUTY MAYOR SHINDER? 
          >> YES. I MOVE THAT WE APPROVE THE RESOLUTION AUTHORIZING THE 
          FOUR-YEAR ONE YOUR OPTIONAL . >> THANK YOU. COUNCILMEMBER 
          SCHUPP? >> I SECOND. 
          >> ALL RIGHT. AVID MOTION BY DEPUTY MAYOR SHINDER A SECOND BY COUNCILMEMBER SCHUPP. ANY DISCUSSION? SEEING NONE, CALL THE VOTE. AN CARE ITEM CARRIED UNANIMOUSLY. THANK, Y'ALL. WE 
          [7A. Consider action to approve a resolution authorizing the City Manager to execute a contract with Hoefer Welker for design services for the Municipal Complex project. (City Hall, Public Safety Administration, Animal Shelter, and Herfurth Park)]
WILL NOW MOVE ON TO ITEM SEVEN A WHICH IS CONSIDER ACTION TO APPROVE AUTHORIZATION AND. AND OUR ASSISTANT CITY MANAGER WILL 
          BE PRESENTING. >> GOOD EVENING, MAYOR AND COUNCIL. WE HAVE BEEN WORKING ON THIS FOR A WHILE TO BUILD THIS CONTRACT. I WILL TALK A LITTLE BIT ABOUT THE CONCERNS AND PROCESS. WHAT WE ARE TRYING TO ACHIEVE WITH THE NEGOTIATION PROCESS AND, OF COURSE, OUR DESIGN PARTNERS AND KEY CONTRACT TERMS AND NEXT STEPS WILL COME FORWARD ON THIS PROCESS. WHAT WE NEED TO UNDERSTAND IS WHEN WE LOOK AT AND GET DESIGN SERVICES UNDER STATE LAW WERE CONSTRAINED ABOUT WHAT INFORMATION WE HAVE IN FRONT OF US WHEN WE SELECT THAT FIRM. WE HAVE TO DO IT BASED ON THE QUALIFICATIONS BASE SELECTIONS PROCESS AND WE DO THAT THROUGH AN RFQ REQUEST FOR QUALIFICATIONS. THEN WE CAN ONLY SPEAK TO ONE FIRM AT A TIME. SO THAT MEANS THAT WE HAVE CHALLENGED THAT NEGOTIATIONS AND WE DON'T HAVE COMPARATIVE INFORMATION BETWEEN FIRMS. IN THIS CASE, WE TRIED TO TO NEGOTIATE WITH A NUMBER OF FIRMS TRYING TO FIND THE BEST PARTNER TO FIT FOR US AND WE HAD 11 FIRMS INITIALLY. WE RAN THEM THROUGH THAT RFQ CRITERIA PROCESS AND WHAT ARE THE TOP THREE FIRMS TO TALK TO THE COUNCIL. YOU THEN RANK THEM AND THEN WE STARTED THE PROCESS OF NEGOTIATIONS WITH EACH FIRM IN TURN. WE ARE ONLY TRYING TO FIND THE BEST COMBINATION FOR A FIRM THAT HAD -- WILLINGTO ACCEPT A GOOD CONTRACT TERMS, THAT SCOPE OF SERVICES AND FEES THAT ALL WORK TOGETHER TO ACCOMPLISH THE GOALS OF THE COUNCIL WHICH IS AN EFFICIENT AND EFFECTIVE DESIGN OF THIS IMPORTANT PROJECT. WE NOW PRESENT OUR PARTNER, WHICH WILL BE HOEFER WALKER AND WE HAVE JAMES IN THE AUDIENCE TONIGHT AND YOU GUYS TALK TO HIM LAST NIGHT. THIS FIRM HAS A LOT OF EXPERIENCE IN THIS AREA. IT IS IMPOSSIBLE TO SEE THAT LITTLE MAP OF THE UNITED STATES. THAT IS THE MAP OF THE UNITED STATES UP THERE FOR EVERYBODY IN THE AUDIENCE. THEY'RE DOING SOME SIMILAR PROJECTS AND THEY ALSO BROUGHT ALONG SOME GOOD PARTNERS FOR US. THEY BROUGHT IN ANIMAL MARK THE FOCUS IS ON ANIMAL SHELTERS. AND THEN A FIRM THAT REALLY FOCUSES ON A/V I.T. AND SECURITY AND THAT IS APPEASE WE REALLY FOCUSED ON HAS IS OFTEN LEFT OUT OF THE DESIGN PROCESS. THEY HAVE SIMILAR PROJECTS DESIGNING A PROJECT THAT HAS A LOT OF THE SAME COMPONENTS IN IT. THEY HAVE RECENT EXPERIENCE IN THIS FIELD IN THE REGION. AS WE MOVE THROUGH THIS PROCESS AND TALK ABOUT THESE ACRONYMS, DB SD, WE WILL MOVE THROUGH ALL OF THOSE AS WE MOVE THROUGH THE STAGES HERE. WE DID USE THE CITY SERVICE AGREEMENT WHICH WAS REALLY HELPFUL AND THEN WE HAD THREE EXHIBITS TO THAT. EXHIBITS WITH A SCOPE, THE FEE, AND THEN THE SCHEDULE. ALL PHASES ARE BASED ON THE RFQ AND ARE REALLY FOCUSED ON INCLUDING TERMS IN THE CONTRACT TO REQUIRE THAT WE DESIGN TO THE BUDGET THAT IS IDENTIFIED. IF WE COME TO A POINT IN THE PROCESS AT THE END OF THESE STAGES WHERE WE DO OUR COST ESTIMATION AND IT IS OUT OF SYNC WITH YOUR BUDGET, THEN THERE IS A RESPONSIBILITY FOR THE CONSTRUCTION MANAGER AT RISK AND DESIGN PARTNERS TO GET 
          [01:00:01]
TOGETHER AND LOOK AT WHAT THEY NEED TO DO AS FAR AS REVISING THE DESIGN TO BRING IT BACK IN BUDGET. FOR THE FEE COMPOSITION BASICALLY HAS TWO ELEMENTS HERE. IT HAS ELEMENTS THAT ARE FIXED. CIVIL DESIGN AND LANDSCAPE DESIGN REALLY DON'T CHANGE MUCH BASED ON THE BUDGET . BASED ON THE MORAL OF SCOPE AND SQUARE FOOTAGE. THEY SET THOSE AS FIXED FEES AND THEN THEY HAVE A PERCENTAGE-BASED FEE. WE ASK THEM TO FOCUS ON $50 MILLION INITIALLY AND THEN TALK TO THEM ABOUT WHAT HAPPENS SHOULD THE BUDGET BE INCREASED TO $55 MILLION. AND THEY WERE PROPOSING AND INCLUDING IN THE CONTRACT IS TO KEEP THE FEE THE SAME IF THERE ARE 50 MILLION OR 55 MILLION. THERE IS THE POTENTIAL HOWEVER THAT WE MAY INCREASE PAST THAT POINT SHOULD WE DO SO AT 5% FEE WOULD BE ADDED TO THE FEE. SO WE HAVE REQUESTED AND RECOMMENDING TONIGHT THAT WOULD AUTHORIZE NOT ONLY THE BASIC SERVICE CHARGE OF $3.74 MILLION, BUT ALSO THE ADDITIONAL FEES SHOULD YOU GET UP TO $60 MILLION, WHICH WOULD BE AN ADDITIONAL $50 MILLION . THERE IS UNCERTAINTY ABOUT THE DESIGN SCOPE HERE AND WE INCLUDED A 10% DESIGN CONTINGENCY. SO WE ARE ASKING YOU TO AUTHORIZE UP TO $4.36 MILLION FOR THE ACTIONS THAT ARE BEFORE YOU TONIGHT. THERE WILL BE OTHER DESIGN RELATED COSTS THAT ARE OUTSIDE THIS CONTRACT. AND -- SO, NEXT STEPS TONIGHT. WE'RE CONSIDERING THE AGREEMENT. WE ARE ASKING YOU TO GO AHEAD AND AUTHORIZE THAT FOR US. WE WOULD DO A NOTICE TO PROCEED AND START WITH THAT PHASE ONE WHICH IS PREDESIGNED. WE REALLY STARTED TO LOOK AT THE PROGRAM OR SCOPE OF WORK. WHAT PROJECTS OR ET CETERA WILL BE INCLUDED IN THE PROJECT AND TRY TO BALANCE THAT WITH OUR BUDGET RESOURCES. WE ARE ALSO MOVING THROUGH A PROCESS TO SELECT OUR CONSTRUCTION MANAGER . THAT PROCESS HAS STARTED THROUGH AN RFQ PROCESS AND WILL RECEIVE FIVE. WE HAVE NARROWED THAT DOWN TO THREE. THOSE THREE WILL RECEIVE AN RFP, REQUEST FOR PROPOSAL WILL BE ASKED FOR PRICE INFORMATION THAT WE HOPED ISSUE THIS WEEK. WE WILL GIVE IT ABOUT TWO WEEKS TO RESPOND AND MOVE THROUGH THE PROCESS WITH EXULTATION OF HAVING A CONTRACTOR FOR YOU IN SEPTEMBER. WITH THAT, I AM AVAILABLE FOR ANY QUESTIONS. 
          >> THANK YOU, COUNCIL. ANY QUESTIONS? ALL RIGHT. JUST FOR THE PUBLIC POSTING INFORMATION, COUNCIL DID HAVE IN-DEPTH DISCUSSION WITH STAFF ABOUT THIS AS WELL IN OUR WORK SESSION WHICH WAS RECORDED SO YOU CAN GO TO RALLY.COM / 
          STREAMING. >> FOR DESIGN SERVICES SUBSTANTIALLY FOR THE FORM ATTACHED FOR AN INITIAL FEE OF $3 MILLION $700,000 . AND ATTEND PERCENT CONTINGENCY OF $374,000 FOR A TOTAL OF UP TO $4,354,000. 
          >> COUNCILMEMBER BOWERS? >> SECOND THAT. 
          >> I HAVE A MOTION BY DEPUTY MAYOR SHINDER AND SECOND BY COUNCILMEMBER WINGET. WILL GO INTO DISCUSSION WITH A QUICK BUT THE SELECTION FOR THE SERVICES FIRM WHILE TOOK A LITTLE BIT LONGER THAN HOPED HOWEVER IT WAS REALLY TO ENSURE THAT THE CITY WAS GETTING A GOOD DEAL IN BOTH COST AND SERVICES OFFERED AND AS A RESULT, WE CANNOT ON TOP AND ARE EXCITED TO GET TO WORK WITH THEM ON THE DESIGN OF THIS HALLMARK PROJECT FOR ROWLETT. THE CITY IS CURRENTLY IN THE SELECTIONS PHASE IN THIS CONTRACT WILL COME TO COUNCIL IN SEPTEMBER. SO IS THERE ANY OTHER DISCUSSION, COUNCIL? ALL RIGHT. THEN CALL THE VOTE. ALL RIGHT. THE ITEM CARRIED 
          [7B. Conduct a public hearing regarding a request by Kevin Wier, SPIARS Engineering, on behalf of developer JPI and property owner Arcadia Land Partners for Major Warrants from the following portions of the Form-Based Code 1) Appendix 2.2—Street Typologies to increase pavement widths of travel lanes on Picadilly Way, Greenwhich Drive, and Carnaby Drive and to eliminate a median on Woolwich Drive; 2) Appendix 2.5—Streetscape to reduce tree grates from 6 feet by 6 feet to 5 feet by 5 feet on Picadilly Way, Greenwhich Drive, and Carnaby Drive; and 3) Article 2.8.6(a)(2)—Interior Parking Lot Landscaping to reduce tree islands and increase tree spacing. The site is located west of Merritt Road approximately 900 feet south of the President George Bush Turnpike, in the Samuel Compton Abstract Number 368 in the City of Rowlett, Dallas County, Texas.]
UNANIMOUSLY. WE WILL NOW MOVE ON TO ITEM 7B -- THIS IS GOING TO BE A LOT, Y'ALL. STANDBY. CONDUCT A PUBLIC HEARING REGARDING A REQUEST BY KEVIN WIER, SPIARS ENGINEERING, ON BEHALF OF DEVELOPER JPI AND PROPERTY OWNER ARCADIA LAND PARTNERS FOR MAJOR WARRANTS FROM THE FOLLOWING PORTIONS OF THE FORM-BASED CODE 1) APPENDIX 2.2™STREET TYPOLOGIES TO INCREASE PAVEMENT WIDTHS OF TRAVEL LANES ON PICADILLY WAY, 
          TEXAS. ALL RIGHT. >> 
          [01:05:21]
          >> THAT IS NOT A GOOD SIGN WHEN IT IS OFF THE SCREEN AND YOU CAN'T SEE THE WHOLE THING THERE. MARY AND COUNCIL, AND FOR HAVING ME HERE TONIGHT. WE'RE HERE TO CONDUCT THE SECOND PUBLIC HEARING IN THIS PROCESS REQUESTING -- WHERE THE APPLICANT HAS REQUESTED WARRANTS FOR A PROJECT THEY HAD AGGRIEVED SOME APPROVAL PREVIOUSLY DUE TO SOME CHANGES. 
          I AM GOING TO TRY TO GO THROUGH THOSE AS QUICKLY AS I CAN BUT I AM HAPPY TO ANSWER ANY QUESTIONS AND WE DO HAVE REPRESENTATIVES OF APPLICANT IN CASE YOU HAVE MORE SPECIFIC QUESTIONS FOR THEM. WE ALSO HAVE OUR CITY ENGINEER HERE AS WELL AS OUR FIRE MARSHAL IF YOU HAVE ANY QUESTIONS SPECIFIC TO THEIR AREAS. THIS PRODUCT IS FOR A MULTIFAMILY PRODUCT THAT HAS BEEN APPROVED IN THE CITY ALREADY. IT IS LOCATED AS YOU SAID WEST OF MERIT WROTE AND SOUTH OF PRESIDENT GEORGE BUSH TURNPIKE. I AM NOT GOING TO READ ALL OF IT TO YOU BUT THERE IS A REGULAR EATING PLAN THAT IS ALREADY APPROVED FOR THIS AREA THAT INCLUDES A COMBINATION OF DIFFERENT ZONING DISTRICTS. THE SPECIFIC SITE WHERE THE ACTUAL BUILDINGS WILL BE DEVELOPED IS IN THE FORM-BASED URBAN NEIGHBORHOOD DISTRICT THERE EVEN THOUGH THE FULL REGULATING PLAN DOES INCLUDE THOSE OTHER ONES AS WELL. THIS ITEM FOR THE BORN TO REQUESTED GO TO PLANNING AND ZONING COMMISSION LAST MONTH AND WAS APPROVED BY A FIVE -0 VOTE ON JUNE 25TH. TO GIVE BACK ON ON THIS PROJECT, THE SITE DEVELOPMENT PLAN WAS ACTUALLY APPROVED IN OCTOBER OF 2023. FOLLOWING THAT STEP, THE APPLICANT SUBMITTED CIVIL PLANS FOR REVIEW INTERNALLY WHICH IS CIRCULATED TO THE VARIOUS DEPARTMENTS THAT ARE INVOLVED IN OUR DEVELOPMENT REVIEW PROCESS. IT WAS IDENTIFIED AT THAT PART THAT THE FIRE DEPARTMENT DID NOT HAVE THE OPPORTUNITY TO REVIEW THE DEVELOPMENT PLAN BEFORE IT WAS APPROVED. SO IT WAS JUST A STEP MIST INTERNALLY THAT RESULTED IN THE CIVIL PLANS NOT REALLY ACCOMMODATING THE ADEQUATE FIRE TO PROTECTION THAT WE ARE LOOKING FOR. THAT PUTS A STOP TO THINGS AT THAT POINT SO INTERNAL MEETINGS WERE HELD TO GET ALL THE PARTIES IN THE ROOM TO MAKE SURE THAT WE COULD MAKE CHANGES TO THE PLANS THAT WOULD ACCOMMODATE WITH THE FIRE DEPARTMENT WAS LOOKING FOR. SO THE APPLICANT AGREED TO MAKE A FEW CHANGES. I KNOW IT SOUNDED LIKE QUITE A BIT WHEN HE READ IT OUT. IT IS MINOR CHANGES HERE AND THERE BUT THESE CHANGES WERE ALL REQUESTED IN ORDER TO ACCOMMODATE OUR REQUESTS FOR PUBLIC SAFETY. SO I JUST WANTED TO MAKE SURE THAT IS REALLY CLEAR AND NOT ANYTHING THAT THEY ASK TEACHING COME BACK AND MAKE CHANGES. ADDITIONALLY, THERE HAS BEEN SOME QUESTIONS THAT I RECEIVED ABOUT WHAT ARE THESE ARE MAJOR WARRANTS. THERE IS A SEGMENT IN THE FORM-BASED CODE THAT REQUIRES ANY INCREASE IN WITH IT TO BE TREATED AS A MAJOR WARRANT ALTHOUGH IT DOES DIVIDE A MAXIMUM LANE WIDTH OF 11 FEET WHICH THEY ARE ACTUALLY REQUESTING TO DO. SO THEY ARE NOT EXCEEDING WITH THE FORM-BASED CODE ALLOWS. JUST GOING RIGHT UP TO THAT BUT BECAUSE IT WAS AN INCREASE, IT WAS SENT OUT AS A MAJOR WARRANT. GENERALLY, WE WOULD CONSIDER THESE MINOR WARRANTS BUT WE HAVE GOT THROUGH THIS PROCESS NOW AND ARE ROLLING WITH IT. THIS IS A FULL LIST OF THE WARRANTS THAT WERE REQUESTED. THERE ARE SOME AREAS WHERE THEY HAVE REQUESTED TO INCREASE THE PAVEMENT WITH THE TRAVEL LENGTHS TO 11 FEET. ONE OF THOSE WAS ALREADY AT 21 FEET ON PICCADILLY WAY AND THEN ON BOTH GREENWICH DRIVE ON CARNABY DRIVE WEST OF GREENWICH DRIVE, THOSE CHANGES WOULD BE FROM 19 TO 22 FEET. THERE WAS ORIGINALLY A MEDIAN IN THE PREVIOUS PLANS. THIS WOULD REMOVE THAT AND INSTEAD INCLUDE JUST PAVING OF THE ENTIRE AREA, WHICH MAKES IT A 31 FOOT WIDE PAVING AREA AND THEN THERE ARE TREE GRADES ON THE PLAN ALONG THE ROAD THAT WERE ORIGINALLY PLANNED AS SIX BY SIX AND THOSE WOULD BE REDUCED BY FIVE BY FIVE. THE RIGHT-OF-WAY AREA IS ALREADY SET IN THE PLANS AND SO WHAT IS ESSENTIALLY HAPPENING AS WE GET A LITTLE BIT MORE ROADWAY WITH AND THAT HAS REDUCED THE AMENITY AREAS ALONG THE STREET JUST SLIGHTLY WHICH IS A DECREASE TO THE TREE GREAT AREAS AND THEN ON PARKING LOTS FOR BUILDINGS FOUR AND FIVE ON THE INTERIOR PARKING LOTS, THE WAY THE FIRE LANE WAS ORIGINALLY DESIGNED WAS A LITTLE BIT TOO CLOSE TO THE BUILDING IN ORDER FOR THEM TO GET OUT AND DEPLOY THE EQUIPMENT AND SERVICE THE ENTIRE STRUCTURE. SO THEY HAD TO MAKE SOME INTERIOR DESIGN CHANGES THERE IN ORDER TO ACCOMMODATE THAT, IT DID REDUCE THE INTERIOR LANDSCAPING AS WELL. WE WERE REQUIRING ONE LANDSCAPING ISLAND FOR EVERY EIGHT SPACES THIS IS A CHANGE 
          [01:10:02]
OF . JUST TO GIVE YOU A LITTLE BIT OF AN OVERVIEW. NOT SURE IF YOU CAN READ THIS BUT THIS IS WHAT WE ARE LOOKING AT. RIGHT THROUGH THE MIDDLE THERE IF YOU CAN SEE ON YOUR SCREEN WITH THE TOP IS WOOLWICH DRIVE. THAT IS WHERE THEY WOULD'VE BEEN A MEDIUM AND THAT WOULD BE PROPOSED AS A THROUGH STREET. 
          THE OTHER STREETS LOOK ABOUT THE SAME AS THEY WERE BEFORE. 
          THEY LOOK A LITTLE BIT LIGHTER ON THIS LANE. 05 I SPELLED OUT IN THE WARRANT REQUEST AND AS YOU CAN SEE THE JUSTIFICATION FOR EACH OF THOSE WAS EITHER TO ACCOMMODATE OUR REQUESTS FOR RIGHT OF STREET SECTION OR TO ACCOMMODATE OUR REQUEST FOR ADDITIONAL SPACE BETWEEN THE BUILDING FACING THE FIRE LANE. 
          I GOT TO RUN THROUGH THESE AS WELL. WHEN WE ARE LOOKING AT WHETHER OR NOT WE WOULD WANT TO IMPROVE WARRANTS, WE HAVE SOME THINGS THAT GUIDE THOSE THINGS THAT GUIDE THOSE DECISIONS. IN OUR REVIEW WE SEE THESE WARNINGS DO ALIGN WITH URBAN MILLAGE DISTRICT . THE ADDITIONAL PAVEMENT WOULD BE AN ENHANCEMENT TO PUBLIC SAFETY AND WOULD BE IN ALIGNMENT WITH THE DEVELOPMENT GENERALLY. THE OVERALL DEVELOPMENT WOULD STILL BE AN ATTRACTIVE DEVELOPMENT AND THEY WOULD NOT IN ANY WAY PREVENT THE REALIZATION OF THE OVERALL INTENT OF THE DISTRICT. 
          WE SENT OUT NOTIFICATION LETTERS. ACTUALLY NEED TO UPDATE THIS. WE HAVE ONE IN FAVOR WITHIN 200 FEET AND ONE IN OPPOSITION WITHIN 500 FEET. THOSE SHOULD BOTH BE IN YOUR PACKET AND AGAIN OUR RECOMMENDATION HERE IS TO APPROVE THE WARRANTS THAT WERE PRESENTED AS REQUESTED AND WE ARE HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. 
          >> THANK YOU. BEFORE WE GET TO THE PUBLIC HEARING, JUST WANT TO MAKE A STATEMENT REAL QUICK. I KNOW HOW AMAZINGLY POPULAR APARTMENTS ARE IN ROWLETT SO I WANT TO GET TO THE FACT THAT THIS SUBMISSION FOR AN APPLICANT RELATING TO THIS SUBJECT PROPERTY OCCURRED JUST PRIOR TO THE IMPLEMENTATION OF A SPECIAL USE PERMIT ORDINANCE REGARDING THE ADDITION OF MULTIFAMILY PROJECTS IN ROWLETT. WHAT THAT MEANS IS THAT THIS PROJECT DID NOT HAVE TO GO THROUGH ANY SPECIAL USE PERMIT PROCESS OR SEEK APPROVAL FROM PLANNING AND ZONING OR CITY COUNCIL TO CONSTRUCT MULTIFAMILY HERE . AS AGAIN, IT WAS PRIOR TO THE IMPLEMENTATION . THE SUBJECT PROPERTY WAS MEANT SUFFICIENT TO THE ZONING THAT WAS ON THE SITE. NOW WE GET TO QUESTIONS -- SORRY. LET ME OPEN THE PUBLIC HEARING FIRST AND THEN WE WILL DO QUESTIONS. IT IS 813 P.M. WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING. ANYONE WHO WISHES TO SPEAK ON THIS ITEM MAY COME FORWARD AND YOU HAVE THREE MINUTES TO STATE YOUR NAME AND THE CITY OF RESIDENCE. 
          >> GOOD EVENING. I REPRESENT API AND WE HAVE OUR TECHNICAL TEAM AND OUR CLIENT AVAILABLE IF THERE ARE QUESTIONS BUT OBVIOUSLY, FUNDAMENTALLY, THIS IS ABOUT CREATING A SAFER SITUATION FOR FUTURE RESIDENTS BUT WE ARE HAPPY TO ANSWER 
          QUESTIONS. >> THANK YOU. 
          >> DOES ANYONE ELSE WISH TO SPEAK ON THIS ITEM BEFORE WE CLOSE THE PUBLIC HEARING? ALL RIGHT. THEN IT IS 8:13. WE ARE GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING AND NOW COUNCIL IF YOU HAVE QUESTIONS FOR STAFF OR THE APPLICANT? 
          >> MATTER. IT IS THE ACTION. THE NEXT IS THE ACTION ITEM BUT IT IS STILL THE SAME ITEM. YOU CAN DO QUESTIONS HERE OR LATER AT 
          THE NEXT ITEM. >> OKAY. COUNCILMEMBER WINGET? 
          >> THIS IS NOT NECESSARILY A QUESTION FOR STAFF BUT MORE OF A STATEMENT. AS MANY ON THE COUNCIL NO, HOPEFULLY EVERYBODY ON THE COUNSELOR KNOWS I SHOULD SAY, COUNCILMEMBER SCHUPP AND I BOTH SERVE ON THE HOUSING FINANCE RATION BOARD OF DIRECTORS. THE HOUSING FINANCE CORPORATION IS IN DISCUSSIONS WITH GPI WITH REGARD TO TAX CREDIT HOUSING PROJECT AS PART OF THIS MULTIFAMILY DEVELOPMENT. HOWEVER, IT IS NOW WHAT WE ARE CONSIDERING TODAY AND I WANT TO MAKE IT EXTREMELY CLEAR THAT BEFORE THAT IS FINAL AND APPROVED AND EVERYTHING IS DONE, THAT WILL COME BEFORE THE COUNCIL FOR CONSIDERATION. WE MADE THAT VERY CLEAR TO BOTH JPI AND OUR CITY ATTORNEY HAS VETTED THAT THAT IS WHAT WE NEED TO DO AS WELL AS A PART OF THE HOUSING FINANCE CORPORATIONS. WHILE THIS DOES NOT SPEAK TO THAT, I JUST WANTED TO ENSURE THAT THAT IS DISCLOSED AS A PART OF THIS DISCUSSION THAT EVERYBODY KNOWS THAT IS HAPPENING AS WELL AND WILL BE BEFORE YOU IN A FUTURE 
          [01:15:01]
          MEETING. THANK YOU. >> THANK YOU. 
          >> DEPUTY MAYOR SHINDER? >> THIS IS NOT A QUESTION. I WANT TO THANK YOU FOR THAT INFORMATION, COUNCILMEMBER WINGET BECAUSE IT WAS MY UNDERSTANDING THAT IT WAS NOT GOING TO CONFLATE COUNCIL SO I'M GLAD TO HEAR THAT. I JUST WANTED TO SAY THAT REITERATING WHAT THE MAYOR SAID AND GOING A LITTLE FURTHER THERE THAT THIS MULTIFAMILY DEVELOPMENT WAS APPROVED BY A PRIOR STAFF AT THAT TIME. IT COULD BE APPROVED BY STAFF AND DIDN'T HAVE TO COME TO THE COUNCIL SO, THAT WAS PRIOR TO THE PREVIOUS COUNCILS ACTION TO REQUIRE AN SUV FOR MULTIFAMILY PROJECTS. THE PRELIMINARY PLAN WAS APPROVED BACK IN 2021 BY THE PNC. I WOULD NOT HAVE BEEN IN FAVOR OF THIS MULTIFAMILY PROJECT HAD IT BEEN REQUIRED TO COME BEFORE THE COUNCIL FOR AN SU P BUT THAT IS NOT WEARY WHAT WE ARE HERE FOR TONIGHT AND ALL OF THESE MAJOR WARRANTS ARE DESIGNED TO ENHANCE THE SAFETY OR TO INCREASE THE SAFETY OF THE PEOPLE IN THAT PROJECT AND TO AID THE FIRE DEPARTMENT AND ABLE TO PROVIDE FIRE SERVICES. SO I WILL BE VOTING IN FAVOR OF 
          IT. >> THANK YOU. COUNCIL, ANYTHING ELSE BEFORE WE GO TO THE ACTION ITEM? ALL RIGHT. THEN I'M 
          [7C. Consider action to approve a request by Kevin Wier, SPIARS Engineering, on behalf of developer JPI and property owner Arcadia Land Partners for Major Warrants from the following portions of the Form-Based Code 1) Appendix 2.2—Street Typologies to increase pavement widths of travel lanes on Picadilly Way, Greenwhich Drive, and Carnaby Drive and to eliminate a median on Woolwich Drive; 2) Appendix 2.5—Streetscape to reduce tree grates from 6 feet by 6 feet to 5 feet by 5 feet on Picadilly Way, Greenwhich Drive, and Carnaby Drive; and 3) Article 2.8.6(a)(2)—Interior Parking Lot Landscaping to reduce tree islands and increase tree spacing. The site is located west of Merritt Road approximately 900 feet south of the President George Bush Turnpike, in the Samuel Compton Abstract Number 368 in the City of Rowlett, Dallas County, Texas.]
GOING TO READ THIS INTO THE RECORD. ALL RIGHT. CONSIDER ACTION TO APPROVE A REQUEST BY KEVIN WIER, SPIARS ENGINEERING, ON BEHALF OF DEVELOPER JPI AND PROPERTY OWNER ARCADIA LAND PARTNERS FOR MAJOR WARRANTS FROM THE FOLLOWING PORTIONS OF THE FORM-BASED CODE 1) APPENDIX 2.2™STREET TYPOLOGIES TO INCREASE PACOUNTY, TEXAS. 
          ALL RIGHT. COUNCIL, IF THERE IS NOT ANYTHING ELSE, NO QUESTIONS, THEN I WILL ENTERTAIN A MOTION. GOING TO NEED A MOTION. ALL RIGHT. COUNCILMEMBER WINGET? 
          >> YES, MAYOR. I APPROVE THAT WE MOVE THE ITEM AS PRINTED. 
          >> ALL RIGHT. IS THERE A SECOND? 
          >> WE HAVE A MOTION BY COUNCILMEMBER WINGET AND A SECOND BY COUNCILMEMBER REAVES. IS THERE ANY DISCUSSION? SEEING NONE, I WILL CALL THE VOTE. ALL RIGHT. AND ITEM SEVEN C PASSES 
          [7D. Conduct a public hearing regarding the City’s 2024 Community Development Block Grant Annual Action Plan.]
UNANIMOUSLY. WE WILL NOW MOVE TO ITEM 7D . 
          >> GOOD EVENING, MARY AND COUNCIL. THIS IS THE FIFTH YEAR OF THE FIVE-YEAR PLAN AND IT WAS REQUIRED BY THE GRANTING AGENCY TO ACTUALLY HAVE A NUMBER OF PUBLIC HEARINGS AND FOR COUNCIL TO ACT ON THIS PLAN ON ANNUAL BASIS. WE BRING IN THE FIFTH YEAR OF THE PLAN BEFORE YOU TONIGHT FOR CONSIDERATION AND AFTER THE PUBLIC HEARING WE WILL ASK YOU TO ADOPT A RESOLUTION APPROVING IMPLEMENTATION OF THIS FIFTH YEAR. CBT FUNDING JUST FOR THE PUBLIC'S UNDERSTANDING IN 2023 RECEIVED 270,000. THIS YEAR, MORE ABOUT 300,000. THAT IS A FORMULA SO WE DON'T HAVE ANY INFLUENCE OVER THAT AMOUNT. 
          JUST THE NOTIFICATION THAT WE GET FROM HOUSING AND URBAN DEVELOPMENT ON ANNUAL BASIS. IT IS LIMITED TO SPECIFIC ACTIVITIES AND I WILL GO THROUGH THOSE IN MORE DETAIL. 
          LAST YEAR, THIS IS HOW IT WAS ALLOCATED IN PUBLIC FACILITIES CONSISTENT WITH THE CURRENT FIVE-YEAR PLAN. WE ARE RECOMMENDING BASICALLY THE SAME FUNCTIONS FOR THIS YEAR OF ONE UPDATE IS THAT THE SALVATION ARMY HAD SPENT 18,000 THROUGH APRIL . THEY NOW HAVE EXPENDED ALL OF THEIR FUNDS SO THAT WHOLE 37,000 DOLLARS AMOUNT THAT WAS ALLOCATED HAS BEEN SPENT TO BENEFIT OUR RESIDENTS. SO, NEXT YEAR, WE ARE PROPOSING TO INCREASE THE PUBLIC SERVICES PART OF THAT CRIME PREVENTION PART. THERE IS AN AFTERSCHOOL PROGRAM WHERE WE ACTUALLY HAVE OFFICERS DEDICATED TO THE DOWNTOWN AREA TO ADDRESS SOME PUBLIC SAFETY ISSUES LATER TO JUVENILES IN OUR DOWNTOWN AREA AND, OF COURSE, INSINUATION OF THE PUBLIC FACILITIES. WE HAVE A DIFFERENT ALLEY WHICH IS COMPOSED AND I WILL GO THROUGH THE REQUIREMENTS. THE KEY PIECE HERE IS WE CAN ONLY SPEND THIS 
          [01:20:04]
MONEY ON LOW TO MODERATE INCOME CENSUS BLOCKS. THOSE ARE IDENTIFIED IN THE MAP HERE AND THE INSET IS ACTUALLY THE ALLEY THAT WE ARE PROPOSING. WE DO HAVE AN ALLEY THAT IS IN THE DESIGN RIGHT NOW FOR THIS YEAR'S PROGRAM AND WOULD YOU EXPECT THAT TO BE CONSTRUCTED AND IMPROVED USING THIS YEAR'S FUNDS BEFORE THE END OF THE FISCAL YEAR. WHAT DOES LOW TO MODERATE INCOME MEAN? THIS MEANS IT TAKES LESS THAN 80% OF THE VERY AND MEDIAN INCOME. YOU CAN SEE IT COME DOWN TO THE BOTTOM HERE WHICH IS 88,000 TO 50 AND OF COURSE ON THE SIDE THERE IT DEPENDS ON NUMBERS IN THE HOUSEHOLD. SO, WE HAVE TO LOOK FOR INDIVIDUAL FAMILIES OR CENSUS TRACTS THAT MEET THOSE LIMITATIONS AND THIS FUNDING CAN ONLY BE SPENT IN THOSE AREAS. IT ALSO CAN ONLY BE SPENT WITHIN SPECIFIC AREAS OF ALLOCATION SO, 15% IS THE PUBLIC CAPPED ON PUBLIC SERVICES AND HERE IS ELIGIBLE PROGRAMS SERVICES WHERE WE TAKE TWO OF THOSE. FAIR HOUSING ASSISTANCE OF THE SALVATION ARMY AND CRIME PREVENTION WHICH IS DIVIDED WITH SUPPLEMENT OF THE FROM HOURS OUR POLICE OFFICERS. 65% CAN BE FUNDED FOR ACTUAL PUBLIC FACILITIES AND WE USE THAT FOR STREETS AND ALLEYS. THERE ARE SOME OTHER OPPORTUNITIES HERE THAT WE MAY WANT TO CONSIDER IN THE FUTURE WHEN WE DO THAT FIVE-YEAR UPDATE IN THE FUTURE. WE WILL HAVE A BROADER CONVERSATION WITH THE COMMUNITY AND THE COUNCIL ABOUT WHETHER THERE ARE OTHER THINGS WE WANT TO CONSIDER IN THE NEXT FIVE YEARS. WE DID HAVE A NUMBER OF REQUIRED PUBLIC HEARINGS. WE HAVE NOT HAD ANY ATTENDEES BUT BASED ON COUNCIL'S FEEDBACK, WE ACTUALLY DID A BROADER ANNOUNCEMENT FOR THIS ONE. SO, I DON'T KNOW IF WE HAVE ANYBODY HERE TONIGHT, BUT WE CERTAINLY DID TAKE THAT INTO CONSIDERATION AND PUT IT OUT ON OUR WEBSITE AND OTHER SOCIAL MEDIA AREAS AS WELL. FY 25, AS IS AND WE WILL COME BACK AND TAKE A LOOK AT THIS PROGRAM OVER THE NEXT FIVE YEARS AND SUBMIT THAT PLAN FOR HOUSING DEVELOPMENT FOR APPROVAL. SO AGAIN, WHAT WE ARE LOOKING FOR TONIGHT IS OUR FINAL PUBLIC HEARING THAT IS REQUIRED AND THEN TO CONSIDER A RESOLUTION APPROVING IMPLEMENTATION OF THE 
          LAST YEAR PLAN. THANK YOU. >> THANK YOU. I AM GOING TO OPEN THE PUBLIC HEARING AT 8:22 P.M. ANYONE WISHING TO COME FORWARD, STATE YOUR NAME AND RECORD AND YOU HAVE THREE MINUTES. ANYONE WANT TO SPEAK ON THIS ITEM? ALL RIGHT. 8:22 
          [7E. Consider action to approve a resolution adopting the City’s 2024 Community Development Block Grant Annual Action Plan; and authorizing the City Manager to execute and submit all required documentation and certifications to the United States Department of Housing and Urban Development (HUD).]
P.M. AND WE'RE GOING TO CLOSE THE PUBLIC HEARING FOR ITEM 70. 
          I WILL NOW READ ITEM 7E FOR THE RECORD. CONSIDER ACTION TO APPROVE A RESOLUTION ADOPTING THE CITY S 2024 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL REQUIRED DOCUMENTATION AND CERTIFICATIOURBAN DEVELOPMENT C I WILL TAKE ANY QUESTIONS OR EMOTION. 
          >> JUST EMOTION. FOR THE ASSISTANT CITY MANAGER. MR. 
          BAUER. >> 
          >> YES . >> I SEE THE $60,125 FOR ADMINISTERED OF COST. AM I CORRECT THAT THAT COVERS ALL OF THE ADMINISTERED OF COSTS THAT ARE INVOLVED IN ADMINISTRATING MANAGEMENT? SO THERE IS NO COST TO THE CITY OUT OF TAXPAYER 
          FUNDS? >> CORRECT. 
          >> COUNCILMEMBER SCHUPP? >> YES. THANK YOU, MR. BOWERS. 
          I AM FINE WITH ALL OF THIS. THIS LOOKS GOOD MY QUESTION IS, DO WE OR WILL WE GOING FORWARD MAYBE REVIEW HOW THESE DOLLARS ARE BEING SPENT? IF I LOOK IN THE PAST, THIS HAS SORT OF BEEN A LITTLE BIT OF WHAT WE HAVE ALREADY DONE NEXT YEAR. AND I SEE HAD SEEKING THAT, YES, WE WILL TAKE MAYBE A DEEPER DIVE INTO IT TO SEE IF WE CAN ALLOCATE RESOURCES DIFFERENTLY. 
          >> ACTUALLY, THE DEEPER DIVE IS REQUIRED BY THE AGENCY WHEN YOU ADOPT THE FIVE-YEAR PLAN. ADDITIONAL PUBLIC INVOLVEMENT AND ENGAGEMENT PROCESSES AS A PART OF THAT FIVE-YEAR PLAN PROCESS AND WE HAVE A NUMBER OF CONVERSATIONS WITH COUNCIL 
          DURING THAT PROCESS AS WELL. >> OKAY. THANK YOU. 
          >> COUNCIL, ANY OTHER QUESTIONS? ALL RIGHT. I WILL ENTERTAIN A MOTION. THAT IS WEIRD. IT IS NOT SHOWING UP ON MY SCREEN. NO, I AM SORRY. HIT THE RTS BUTTON AGAIN. 
          >> OKAY. I MOVE THAT WE APPROVE A RESOLUTION ADOPTING THE CITY'S 2024 COMMUNITY DEVELOPMENT GRANT NEW ACTION PLAN AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND SUBMIT ALL REQUIRED DOCUMENTATIONS, CERTIFICATIONS TO THAT UNITED STATES APARTMENT OF HOUSING AND URBAN DEVELOPMENT. 
          >> COUNCILMEMBER SCHUPP? >> I SECOND. 
          [01:25:01]
          >> MOTION BY DEPUTY MAYOR SHINDER. SECONDED BY COUNCILMEMBER SCHUPP. ANY DISCUSSION? SEEING NONE, I CALL 
          [7F. Consider action to approve a resolution appointing a representative to the Dallas Area Rapid Transit (DART) Board of Directors.]
THE VOTE. ITEM CARRIED UNANIMOUSLY. I WILL NOW MOVE ON TO 7F, CONSIDER ACTION TO APPROVE A RESOLUTION APPOINTING A REPRESENTATIVE TO THE DALLAS AREA RAPID TRANSIT BOARD OF DIRECTORS . ON SEPTEMBER 16TH 1997, FOUR , MAYOR WAS FIRST APPOINTED TO THE D.A.R.T. BOARD TO REPRESENT FARMERS BRANCH. IN 2011 THE REALLOCATION OF THE REPRESENTATION OCCURRED BASED ON THE 2010 CENSUS DATA AND THE CITY OF ROWLETT NOW SHE IS A BOARD MEMBERS WITH THE CITIES OF GARLAND AND GLENN HEIGHTS. 
          THE D.A.R.T. BOARD REPRESENTATIVE IS APPOINTED EVERY TWO YEARS AND ACCORDING TO THE D.A.R.T. BOARD OF DIRECTORS BYLAWS, THE GENERAL POWERS ARE AS FOLLOWS. QUOTE, THE RESPONSIBILITY FOR THE OPERATION AND CONTROL OF THE PROPERTIES BELONGING TO ROWLETT IS INVESTED IN THE BOARD OF DIRECTORS. THE BOARD MAY EXERCISE RESPONSIBILITY BY POINTING AND PRESCRIBING COMPENSATION FOR CHIEF EXECUTIVE OFFICER WITH THE BOARD MAY -- FOR THE CONDUCT OF THE AFFAIRS OF ROWLETT. THE BOARD MAY APPOINT AUDITORS AND ATTORNEYS TO PRESCRIBE THE DUTIES TENURE AND COMPENSATION OF EACH.". MR. AND NECK HAS INDICATED HIS INTEREST TO CONTINUING TO SERVE THE CITIES OF ROWLETT, GARLAND AND GLENN HEIGHTS ARE EXPECTED TO BE IN POINT MR. E NECK TO AN ADDITIONAL TERM TO THE D.A.R.T. BOARD. SO, GO AHEAD AND I GUESS OPENED IT UP FOR DISCUSSION , DEPUTY MAYOR SHINDER. 
          >> YES. ARE YOU TAKING NOMINATIONS AT THIS TIME? 
          >> YES. I WILL ACCEPT NOMINATIONS IF YOU WISH TO 
          PROVIDE THAT. >> OKAY. THANK YOU. I AM A BIG BELIEVER IN TERM LIMITS. I ALSO RECOGNIZE THE VALUE OF HISTORICAL KNOWLEDGE IN PUBLIC SERVICE BUT I BELIEVE THERE COMES A TIME IN ANY PUBLIC SERVICE WHEN IT IS TIME TO BRING IN NEW BLOOD AND NEW IDEAS AND I THINK 26 YEARS PROBABLY QUALIFIES FOR THAT. IN ANY SITUATION. SO, I WOULD LIKE TO NOMINATE -- AND THIS IS NOTHING AGAINST MR. ENIK . HE SERVED OUR CITY FOR MANY, MANY YEARS AND I REALLY APPRECIATE OF THAT. I RECOGNIZE THIS IS A REALLY SYMBOLIC GESTURE IF THE OTHER TWO CITIES PLAN TO RE-ELECT HIM BUT I WOULD LIKE TO NOMINATE MR. JOHN CONTE FOR THIS POSITION BECAUSE I KNOW THAT HE IS INTERESTED IN SERVING AND HE HAS SERVED OUR CITY AND IS HERE AND ACCESSIBLE AND AVAILABLE TO US HERE AT THE HOME AND SO I WOULD LIKE TO NOMINATE HIM FOR THIS POSITION. 
          >> THANK YOU. COUNCILMEMBER SCHUPP? 
          >> YEAH. AND LIKE DEPUTY MAYOR SHINDER, I'M SURE PERSONALLY HE IS A FINE MAN AND HE HAS YEARS OF YEARS OF SERVICE AND HAS BEEN AS THE D.A.R.T.  BOARD AS ROWLETT'S REPRESENTED ABSENCE '97 AND WE APPRECIATE AND THANK HIM FOR HIS SERVICE, BUT I PERSONALLY FEEL D.A.R.T. IS GOING THE WRONG DIRECTION. I DON'T QUITE WANT TO CALL THE MAYFIELD AGENCY. I DON'T THINK THAT IS ACCURATE BUT I DON'T THINK THEY ARE UP READING AT A LEVEL THAT IS APPROPRIATE EITHER FOR ALL OF THE MEMBERS CITIES OF D.A.R.T. AWARD ROWLETT SPECIFICALLY. AND I DON'T WANT THIS TO SOUND LIKE A PERSONAL ATTACK. IT IS NOT MEANT TO BE THAT WAY BUT I HAVE BEEN INVOLVED IN ROWLETT GOVERNMENT FOR ABOUT THE PAST FOUR YEARS AND BEEN TO SEVERAL ROWLETT EVENTS AND NEVER MET MR. ENIK . MAY BE THAT IS THE WAY THEY OPERATE. I'M NOT TRYING TO CAST EXCURSIONS BUT HERE'S A GENTLEMAN THAT EXTENSIVELY IS OUR REPRESENTATIVE. I HAVE SEEN I'M GOING TO BE QUITE HONEST ABSOLUTELY ZERO RESPONSIVENESS FROM D.A.R.T. WHEN WE HAVE ASKED THEM. I AM NOT GOING TO SAY THAT IS NECESSARILY TRUE CITYWIDE BUT AS DEPUTY MAYOR SAID, 26/27 YEARS IS PROBABLY VERY LONG AND APPRECIATIVE TIME OF SERVICE. I THINK IT IS TIME FOR US AS A CITY TO AT LEAST SEND A MESSAGE THAT WE ARE NOT HAPPY WITH THE CURRENT SITUATIONS. WE ARE NOT GRAY WITH OUR CLIENT REPRESENTATION. WE ARE NOT HAPPY WITH THE WAY WE HAVE BEEN BEING TREATED. WE APPROVED A SOMEWHAT SYMBOLIC GESTURE BY JOINING SOME OF THE OTHER MEMBERS CITIES AND ASKING FOR A 25% RATE CUT AND WHAT WE ARE PAYING INTO TAXES. I THINK 
          [01:30:04]
THIS SORT OF IS JUST A ADDITION TO OUR MESSAGING TO D.A.R.T.. 
          WE ARE NOT HAPPY. WE DON'T THINK WHAT YOU ARE DOING IS A GOOD JOB. WE WANT TO SEE BETTER REPRESENTATION AND WE WANT TO SEE A BETTER PRODUCT PRODUCED BY D.A.R.T.. THANK YOU. 
          >> THANK YOU. JUST WANT TO SAY THAT I AM PERSONALLY A BIG FAN OF TERM LIMITS AND I THINK TERM LIMITS SERVE AN IMPORTANT PURPOSE BY ENSURING THAT THERE IS TRANSITIONAL -- TRANSITION AMONG A GOVERNING BOARD OF DIRECTORS TO ENSURE THAT GOOD DECISIONS ARE BEING MADE FOR THE PEOPLE THAT THEY IMPACT. 
          THIS IS, AGAIN, NOTHING AGAINST MR. ENIK FOR HIS SERVICE. 26 YEARS IS A LONG TIME. I CAN VOUCH FOR THAT BECAUSE I WASN'T EVEN BORN THEN. BUT THAT IS HOW LONG, RIGHT? AND HE DESERVES OUR RESPECT FOR THAT, BUT IT ALSO I THINK EXPOSES THAT THE QUESTION OF, IS THAT REALLY NECESSARY OR, SHOULD WE EXPECT CHANGE FROM TIME TO TIME TO ENSURE THAT WE ARE GETTING THE REPRESENTATION THAT WE DESERVE? AND WE DO HAVE SUBSTANTIAL DIFFERENCES. ROWLETT HAS SUBSTANTIAL DIFFERENCES WITH OUR GOALS FOR D.A.R.T. COMPARED TO THE D.A.R.T. BOARD, INCLUDING OUR OWN BOARD MEMBER. WE JUST SEE THINGS DIFFERENTLY. THIS REALLY HAS EVERYTHING TO DO WITH BUSINESS AND IT IS NOTHING PERSONAL. IT IS JUST OUR BUSINESS OBJECTIVES ARE NOT IN ALIGNMENT AND AS A RESULT, IT MAKES SENSE TO WANT TO HAVE A DIFFERENT MEMBER REPRESENT US. 
          BUT AGAIN, IT DOES APPEAR THAT THE OTHER CITIES ARE GOING TO APPOINT MR. ENIK , SO I WISH HIM WELL AND HOPE FOR THE BEST AS HE GOES INTO HIS OTHER TERM. THIS AGAIN BEING A SYMBOLIC GESTURE JUST TO SHOW THAT WE ARE INTERESTED IN BETTER LEADERSHIP. BETTER REPRESENTATION FOR THE CITY OF ROWLETT. COUNCIL? OTHER COMMENTS? OKAY. THERE IS INTONATION ON THE FLOOR FOR MR. JOHN CONTE. WITH THAT, BECAUSE IT IS A NOMINATION, WE ARE GOING TO DO A HAND VOTE. SO, THOSE IN WAIVER OF MR. JOHN CONTE, PLEASE RAISE YOUR HAND. 
          ALL RIGHT. AND THAT IS UNANIMOUS. SO, UNANIMOUSLY SUPPORTIVE OF MR. JOHN CONTE TO NOMINATE FOR THE D.A.R.T. BOARD OF DIRECTORS. SO, WITH THAT, WE WILL GO AHEAD AND MOVE ON TO -- 
          >> DO WE NEED TO APPROVE THE RESOLUTION? 
          >> THERE IS A REVOLUTION ON THAT. YEAH. WE DO NEED TO APPROVE A RESOLUTION. OKAY. HERE WE GO. 
          >> I MOVE THAT WE APPROVE THE RESOLUTION FOR THE RAPID TRANSIT BOARD OF DIRECTORS AND THE INDIVIDUAL BEING MR. JOHN 
          CONTE. >> RIGHT. 
          >> DEPUTY MAYOR SHINDER. >> SECOND. 
          >> WITH THAT, WE WILL CALL THE VOTE. ALL RIGHT. THAT RESOLUTION PASSES YOU IMMENSELY. SURPRISE, SURPRISE. 
          WE WILL NOW MOVE ON TO MEMBERS OF THE CITY COUNCIL THAT WILL REQUEST TOPICS TO BE PLACED ON THE AGENDA FOR ANY SUBSEQUENT MEETING . COUNCIL? ALL RIGHT. THEN I'M GOING TO GO AHEAD AND 
          [2. EXECUTIVE SESSION (Part 1 of 2)]
READ THE EXECUTIVE SESSIONS ITEMS INTO THE RECORD. ITEM 2A, CITY COUNCIL SHOULD CONVENE INTO EXECUTIVE SESSION PURSUANT TO TEXAS CODE 551074. PERSONAL MATTERS TO DELIBERATE THE EMPLOYMENT EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF THE CITY SECRETARY AND TAKE ANY NECESSARY ACTION RELATED THERE TOO. AN ITEM TWO B , THE CITY COUNCIL SHALL PURSUE AN EXECUTIVE SESSION AND WE ARE GOING TO HEAD AND MAKE THIS JUST 551071 WHICH IS CONSULTATION WITH ATTORNEY TO RECEIVE LEGAL ADVICE FROM THE CITY ATTORNEY. RELATED TO AN ETHICS COMPLAINT FILED ON JANUARY 2620 24 AGAINST COUNCILMEMBER MIKE BRITTON. WE WILL START WITH MEMBER 2.8 IN THE CITY COUNCIL CONFERENCE ROOMS WE WILL GO AHEAD AND RECESS THEN FOR 10 MINUTES. 
          COUNCILMEMBER BRITTON? >> POINT OF CLARIFICATION. ITEM 2B , WE WILL HOLD THAT DELIBERATION IN PUBLIC. 
          >> YES. ALL DELIBERATION WILL BE ON HOLD UNTIL PUBLIC. THANK YOU, SIR. AGAIN, WE ARE GOING TO GO AHEAD AND RECESS FOR 10 MINUTES. IT: 
          [3. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY OR APPROPRIATE ACTION ON CLOSED/EXECUTIVE SESSION MATTERS (Part 1 of 2)]
          [01:35:08]
          >> ALL RIGHT. WE ARE OUT OF EXECUTIVE SESSION AND IT IS 9:09 P.M. I WILL ENTERTAIN A MOTION. 
          >> I WILL AUTHORIZE THE MAYOR TO NEGOTIATE AND EXECUTE A 
          CONTRACT WITH -- >> 
          >> OKAY. MOTION BY DEPUTY MAYOR SHINDER SECONDED BY COUNCILMEMBER WINGET. ANY DISCUSSION? SEEING NONE, RAISE 
          [2. EXECUTIVE SESSION (Part 2 of 2)]
YOUR HAND. ALL RIGHT. AND WITH THAT, THE MOTION CARRIED UNANIMOUSLY. WE WILL NOW GO INTO THE ITEM TO BE EXECUTIVE SESSION. I HAVE ALREADY WRITTEN THE ENTER THE RECORD CELE 
          [3. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY OR APPROPRIATE ACTION ON CLOSED/EXECUTIVE SESSION MATTERS (Part 2 of 2)]
          >> THERE WE GO. ALL RIGHT. IT IS 9:28 P.M. CITY COUNCIL HAS COME OUT OF EXECUTIVE SESSION FOR THE PURPOSE OF LEGAL ADVICE. TO BE IS REGARDING AN ETHICS COMPLAINT FILED ON JANUARY 26TH, 2024 AGAINST COUNCILMEMBER MIKE BRITTON. THE ACCUSED COUNCILMEMBER BRITTON HAS REQUESTD A PUBLIC HEARING IN THE OPEN REGARDING AN ETHICS COMPLAINT SUBMITTED ON JANUARY 26 2024 . AS A RESULT OF THIS REQUEST FOR PUBLIC HEARING, DELIBERATION ON THIS MATTER WILL OCCUR IN THE PUBLIC AND COUNCILMEMBER BRITTON WILL BE GIVEN THE OPPORTUNITY TO MAKE A DEFENSE FOR HIMSELF OF ANY ACCUSATIONS ASSOCIATED WITH THE FILE OF COMPLAINT. THE SUBMITTED ETHICS COMPLAINT ALLEGES THAT SECTIONS 463.3 , 463.13, AND 464 OF THE ROWLETT CODE OF ETHICS HAVE BEEN VIOLATED . SECTION 463.3 OF THE ROWLETT CODE OF ETHICS STATES, QUOTE, NO OFFICER OF THE CITY SHALL GRANT ANY SPECIAL CONSIDERATION, TREATMENT OR ADVANTAGE TO ANY CITIZEN INDIVIDUAL, BUSINESS , ORGANIZATION OR GROUP BEYOND THAT OF WHICH IS AVAILABLE TO EVERY OTHER CITIZEN, INDIVIDUAL OR GROUP.". SECTION 463.13 OF THE CODE OF ETHICS STATES, QUOTE, NO OFFICER OF THE CITY SHALL ENGAGE IN WILLFULLY AND KNOWINGLY OF ANY DISCONNECTS DISHONEST AT IN CONNECTION WITH THEIR DUTIES IN OFFICE WHICH IS PREJUDICIAL TO THE GOVERNMENT OF THE CITY OR IMPAIRS THE OPERATION OF THE CITY. NOTHING CONTAINED IN A SECTION SHALL BE CONSTRUED TO MAINTAIN THE CONVICTION A SOLELY CLASS A MISDEMEANOR SHALL BE CONSTRUED FOREGROUNDS OF UNETHICAL CONDUCT.". ANY OFFICER WHO HAS EITHER A PERSONAL OR PRIVATE INTEREST IN ANY MATTER PENDING BEFORE SUCH PERSON'S OFFICE SHALL DISCLOSE SUCH INTEREST TO THE OTHER MEMBERS THEREOF AND SHALL REFRAIN FROM DISCUSSING THE SAME PUBLICLY WITH ANY OTHER MEMBER THEREOF AND SHALL NOT VOTE THERE ON". THE FOUNTAIN COMPLAINT ON JANUARY 6TH 24 READ AS FOLLOWS, QUOTE COUNCILMEMBER'S DAUGHTER JULIE CHRISTINE HAD QUITE HITCHCOCK . 
          AS SUCH, MR. BRITTON IS RELATED BY ONE DEGREE TO MR. HEDGECOCK. 
          MR. HITCHCOCK IS A SENIOR PASTOR AT FIRST BAPTIST CHURCH AT BRALETTE. ON JANUARY 16TH , ITEM 5A, REQUEST TO HIS OWN LAND TO A DEVELOPER WAS PRESENTED TO THE CITY COUNCIL, INCLUDING MR. BRITTON. MR. BRITTON DID NOT DISCLOSE HIS RELATIONSHIP WITH MR. HEDGECOCK. MR. BRITTON DID NOT DISCLOSE HIS SUBSTANTIAL INTEREST IN OR RECUSED HIMSELF FROM VOTING ON ITEM FIVE A. IN FACT, MR. BRITTON MOVED TO APPROVE ITEM 5A AS REQUESTED BY F. MR. BRITTON GRANTED SPECIAL CONSIDERATION, TREATMENT AND ADVANTAGE TO EC AND MR. HITCHCOCK. MR. BRITTON WILLFULLY AND KNOWINGLY ENGAGE IN EIGHT HONEST ACT OF CRIME OF MORAL OPPORTUNITY . MR. BRITTON HAD A PERSONAL SUBSTANTIAL INTEREST IN A MATTER PENDING BEFORE THE CITY COUNCIL AND DID NOT DISCLOSE SUCH INTEREST TO THE OTHER MEMBERS THEREOF AND VOTED THEREON". WITH THE ALLEGATIONS CONTAINED AN ETHICS COMPLAINT BEING READ INTO THE RECORD, I WILL NOW ALLOW COUNCILMEMBER BRITTON THE OPPORTUNITY TO ADDRESS THE CITY COUNCIL AND AFTER HE HAS BEEN GIVEN THE CITY OPPORTUNITY TO ADDRESS US, I WILL PROVIDE THE CITY COUNCIL WITH THE OPPORTUNITY TO ASK COUNCILMEMBER BRITTON QUESTIONS ON ALLEGATIONS POSTED IN THE ETHICS COMPLAINT. AND THEN I WILL ALLOW FOR COMMENTS FROM COUNCIL UNTIL AFTER A MOTION AND SECOND HAS BEEN ESTABLISHED FOR ACTION. COUNCILMEMBER BRITTON? 
          >> THANK YOU, MAYOR. I DO APPRECIATE THE OPPORTUNITY TO PUBLICLY DISCUSS THE ALLOCATION OF ETHICAL MISCONDUCT, OF WHICH I HAVE BEEN TARGETED. I HAVE WRITTEN OUT MY RESPONSE AND I HAVE DONE THAT FOR ONE REASON AND ONE REASON ONLY. I WANT TO MAKE SURE I AM CLEAR AND I STATE THE FACTS AS I SEE THEM 
          [01:40:02]
AND DON'T GO OFF ON SOME KIND OF RABBIT TRAIL. SO THAT IS THE REASON I INSISTED ON HAVING A PUBLIC DISCUSSION SO THAT THE FACTS COULD BE KNOWN TO NOT ONLY YOU , BUT THIS WOULDN'T BE HELD IN EXECUTIVE SESSION WITH ONLY THE COUNCIL. SO, LET ME LAUNCH INTO THE FACTS THAT ARE SURROUNDING MY ACTIONS REGARDING FIVE A OF THE JANUARY 16TH 2024 COUNCIL MEETING, SPECIFICALLY THE REZONING OF THE PROPERTY BELONGING TO FIRST BAPTIST CHURCH ROWLETT. THE ONLY THINGS THAT ARE TRUE AND ACCURATE ABOUT MY ACTIONS ARE, I AM A MEMBER OF FIRST BAP IS CHURCH ROWLETT. MY SON IS THE FIRST BAP STIR OF ROWLETT. I MADE THE MOTION TO APPROVE THE REZONING AND I VOTED IN THE AFFIRMATIVE FOR ITS PASSAGE. I HAVE NEVER, NOR HAVE I TO THIS DAY HELD ANY INTEREST IN THE SALE OF FIRST BAPTIST CHURCH ROWLETT'S 11 ACRES TO THE DEVELOPER WHOSE INTENT WAS TO BUILD TOWNHOMES ON THE PROPERTY. THE ACCUSATION CONTENDS THAT I HAD A SUBSTANTIAL INTEREST, WHICH IS FALSE. I HAVE NEVER MET NOR DID I EVEN SEE THE DEVELOPER UNTIL THE NIGHT OF JANUARY THE 16TH , NOR HAVE I HAD ANY COMMUNICATION WITH THEM BE IT BY PHONE OR EMAIL OR TEXT. SO, FOR THOSE UNFAMILIAR WITH THE EVENTS SURROUNDING THE ACTIONS OF JANUARY 16TH, LET ME BRIEFLY DESCRIBE THEM. ON THAT NIGHT PRIOR TO THE MAYOR ENTERTAINING A MOTION FOR ITEM 5A, HE CALLED A BRIEF RECESS SO THAT HE, ALONG WITH THE CITY ATTORNEY , DAVID BERMAN AT THE TIME, AND MYSELF COULD DISCUSS THE POTENTIAL RAMIFICATIONS OF MY PARTICIPATION IN THE VOTE. 
          GIVEN MY RELATIONSHIP WITH PASTOR HITCHCOCK. THE MAYOR HAD INDICATED THAT HE HAD OVERLOOKED THE FACT OF MY RELATIONSHIP UNTIL HE HAD RECEIVED AN EMAIL EXPRESSING CONCERN OVER MY VOTE. MR. BERMAN STATED THAT MY PARTICIPATION IN THE VOTE COULD POTENTIALLY BE UNETHICAL, BUT NOT IN THE SENSE OF IT BEING ILLEGAL. IN FACT, HIS WORDS WERE, YOU CAN'T GO TO JAIL OVER THIS, BUT THAT IT COULD BE POLITICALLY OR MORALLY DAMAGING. MY RESPONSE TO MR. BREMEN WAS THAT I FAILED TO SEE THE MORAL PART BECAUSE IT WOULDN'T BE IMMORAL FOR ME TO VOTE. I DID, HOWEVER, CONCEDE THAT IT COULD BE POLITICALLY DAMAGING, BUT THE REMEDY FOR THAT WOULD BE FROM THE CITIZENS IF THEY CONCLUDED WHAT I DID WAS WRONG, I.E., THEY WOULDN'T VOTE FOR ME IF I DECIDED TO RUN FOR RE-ELECTION. MR. BERMAN THEN STATED THAT IT WAS CLEARLY MY CHOICE WHETHER TO PARTICIPATE, IN WHICH I STATED MY PARTNERS INTENTION IS TO PARTICIPATE. NOW FOR THE SPECIFICS OF THE ALLOCATION OF SUBSTANTIAL GAIN. TO THOSE WHO ARE PROBABLY ILL-INFORMED ABOUT CHURCH STRUCTURE, ONE MUST SPEAK CAREFUL HOW TO MISCONSTRUE ONE'S ACTIONS UNTIL THEY ARE SUFFICIENTLY INFORMED OF THE FACTS. FIRST OF ALL, PASTOR HITCHCOCK, ALONG WITH ALL OF THE OTHER PAID MINISTRY STAFF RECEIVE THEIR SALARIES FROM THE CONTRIBUTIONS OF THE CHURCH MEMBERS. OF WHICH I AM ONE. IT SHOULD ALSO BE NOTED THAT MY DAUGHTER, KRISTI HITCHCOCK, RECEIVES NOTHING FINANCIALLY FROM THE CHURCH. ALL THE CHURCH ACTIVITIES, WHETHER THEY INVOLVE OPERATIONAL MATTERS, ADMINISTERED PROGRAMS, AND YES, SALARIES, ARE EXCLUSIVELY AND SOLELY FUNDED FROM THE MEMBERS TIDES AND OFFERINGS. EVERY PENNY OF THE PROCEEDS FROM THE SALE OF 11 ACRES WENT DIRECTLY , ELECTRONICALLY, FROM THE BUYER TO END WITH BANK, WHERE THE ENTIRE AMOUNT WAS APPLIED TO EITHER THE CONSTRUCTION LOAN OF THE NEW CHURCH FACILITY OR THE CHURCH'S LINE OF CREDIT FOR THE NEW FACILITY. NOTHING FROM THE SALE OF THIS PROPERTY WENT INTO THE GENERAL OPERATING FUND OF THE CHURCH. IT IS ALSO BEEN ALLEGED THAT BECAUSE I AM A DEACON AT FIRST BAPTIST ROW LET THAT I AM IN A POSITION TO APPROVE OR OVERSEE OPERATIONS OF THE CHURCH. AGAIN, TO THOSE WHO ARE ILL INFORMED OF OUR CHURCH, THAT IS ANOTHER FALSEHOOD. DEACONS A SOUTHERN BAPTIST CHURCH, ESPECIALLY AT FIRST BAPTIST CHURCH ROW LET IS EXCLUSIVELY A SERVICE ORIENTED BODY AND QUITE FRANKLY, THAT MEANS THAT IF THE TOILET NEEDS ON STOPPING, TYPICALLY IT IS A DEACON WHO GOES AND DOES THAT. DEACONS ARE TO PROVIDE WHATEVER SERVICE IS NEEDED IN ORDER FOR THE CHURCH TO FULFILL ITS MISSION OF SPREADING THE GOSPEL OF JESUS CHRIST. DEACONS DO NOT OVERSEE OPERATIONS OF THE CHURCH NOR DO THEY SUPERVISE THE TAP PASTOR OR ANY OTHER PAID MINISTRY STAFF. IF MY ACCUSER COULD HAVE SUCCESSFULLY CONVINCED A JUDGE TO SUBPOENA MY BANK RECORDS, THEN THEY WOULD HAVE DISCOVERED NUMEROUS WEEKLY TRANSACTIONS BETWEEN MYSELF AND FIRST BAPTIST ROW LET, HOWEVER, EVERY SINGLE TRANSACTION IS ONE WAY. MEANING IT IS ME GIVING MONEY TO THE CHURCH AND NEVER RECEIVING A 
          [01:45:04]
PENNY FROM THE CHURCH. SO, IT IS BEYOND ME TO UNDERSTAND HOW I COULD HAVE ENJOYED A SUBSTANTIAL WORK ANY INTEREST IN MY VOTE. IT SHOULD NOT BE LOST ON ANYONE THAT I DID NOT CAST THE DECIDING VOTE , IN FACT, I WAS ONE OF SIX MEMBERS OF THE COUNCIL TO VOTE IN THE AFFIRMATIVE WITH ONLY ONE VOTE AGAINST. I HOPE NO ONE HERE TONIGHT TO TEXT A TONE OF BITTERNESS OR ANGER IN MY VOICE BECAUSE I AM NEITHER. I FULLY AND COMPLETELY UNDERSTAND THE NEED FOR THE COUNCIL TO THOROUGHLY INVESTIGATE ANY ALLEGATIONS OF WRONGDOING OF ITS MEMBERS. I GUESS MY GREATEST DISAPPOINTMENT REGARDING THIS ENTIRE MATTER IS IN HOW THEY RESPONDED TO THE ALLEGATION AGAINST ME. DURING THE COUNCIL'S INITIAL EXECUTIVE SESSION TO ADDRESS THIS ALLEGATION, I WAS NOT ALLOWED TO PARTICIPATE AT ALL. NOW, I UNDERSTAND THAT IT WAS APPROPRIATE FOR ME NOT TO BE PRESENT DURING DELIBERATIONS AS TO ALLOW EACH COUNCIL MEMBER TO SPEAK FREELY, BUT AT NO TIME DID THEY AFFORD ME THE OPPORTUNITY TO ADDRESS MY FELLOW COUNCILMEMBERS TO EITHER REFUTE THE CHARGE OR SUBJECT MYSELF TO THEIR QUESTIONING. A MAJORITY CONSENSUS YOU LITERALLY ARRIVED AT THE CONCLUSION THAT WHAT I DID WAS POTENTIALLY CRIMINAL IN NATURE AND THAT I SHOULD BE SUBJECTED TO AN OUTSIDE INVESTIGATIVE AGENCY TO DETERMINE WHETHER OR NOT I HAVE VIOLATED A CRIMINAL STATUTE. SO, FAST FORWARD TO TONIGHT. MY ACCUSER INITIALLY REQUESTED THAT THE ROWLETT POLICE DEPARTMENT INVESTIGATE THE ALLEGATION. WHEN THEY DECLINE, MY FUTURE ENGAGED THE TESTING RANGES. IT IS MY UNDERSTANDING THAT THE TEXAS RANGERS ARE ENGAGED ON TWO OCCASIONS. BOTH WITH A DECLINE TO INVESTIGATE. THE TEXAS RANGERS DIRECTED MY ACCUSER TO GO TO THE DALLAS COUNTY CORRUPTIONS UNIT, THE DALLAS COUNTY SHERIFF'S DEPARTMENT, TEXAS A JOURNAL ATTORNEY GENERAL OFFICE AND THE TEXAS FBI. OF WHICH ALL DECLINED TO INVESTIGATE. IT IS LUDICROUS FOR ME TO BELIEVE THAT IF THERE WAS AN INKLING OF ILL ON MY PART, THEN WHY WOULD ALL OF THESE AGENCIES SHIRK THEIR DUTIES AND RESPONSE ABILITIES AND TURN A BLIND EYE? THEY DID NOT TURN A BLIND EYE. IN FACT, THEY DECLINED TO INVESTIGATE BECAUSE IT WAS CLEAR TO THEM BECAUSE THERE WAS NO HINT OF AN WRONGDOING. NOW, WHAT I'M ABOUT TO SAY IS PURELY MY OPINION AND I HAVE NO FACTS TO BACK IT UP. I HAVE OFTEN WONDERED ABOUT THE MOTIVATION OF MY ACCUSER. WAS IT TRULY THAT THEY BELIEVE I COMMITTED A BREACH OF ETHICS? THERE'S A CRIMINAL ACT? OR WAS IT RETRIBUTION FOR MY PUBLIC OPPOSITION TO DEI? I MAY NEVER KNOW AND TO BE HONEST, I REALLY DON'T CARE. ALL I KNOW IS I CONDUCTED MY VOTE IN GOOD CONSCIOUS AND I AM CONTENT KNOWING THAT I DID NOTHING WRONG OR IMPROPER. AGAIN, I APPRECIATE THE OPPORTUNITY TO PUBLICLY PRESENT MY SIDE OF THIS. I HAVE BEEN THE SUBJECT OF A HIT PIECE IN THE DALLAS OBSERVER AS WELL AS SEVERAL FACEBOOK GROUPS FALSELY ALLEGING MY CORRUPTION WITHOUT AN OUNCE OF SUBSTANCE OR FAX. I CAN'T CHANGE THE FACT THAT AN ONE-SIDED ARTICLE WAS WRITTEN WHOSE PURPOSE WAS TO DISPARAGE ME AND I CAN'T UNDO THE FACEBOOK POSTINGS THAT I -- SUGGESTED THAT I AM CORRUPT. MY HOPE AND I'M ASKING FOR THIS PUBLIC HEARING IS THAT FOR THE FIRST TIME, MY FELLOW COUNCILMEMBERS CAN HEAR FROM ME AND FOR OTHERS WHO MIGHT HAVE BEEN LED TO BELIEVE I DID SOMETHING WRONG TO RECONSIDER THEIR OPINION BASED ON WHAT I HAVE SPOKEN TONIGHT. INSTEAD OF BASING THEIR DECISIONS ON SOCIAL MEDIA POSTINGS. NOW, COUNCIL, IT IS UP TO YOU AS TO WHAT YOU SHOULD DECIDE. SINCE YOUR INITIAL CONCERNS OF CRIMINAL ACTIVITY HAVE BEEN REFUTED BY ALL THE PREVIOUSLY CITED AGENCIES WHO DECLINED TO INVESTIGATE, I RESPECTFULLY REQUEST THAT YOU CLOSE THIS CHAPTER WITHOUT JUDAS. THANK YOU. 
          >> COUNCIL. FIRST I WANT TO ASK THE CITY ATTORNEY TO WEIGH IN. 
          CITY ATTORNEY, YOU HAVE READ THE FILE ETHICS COMPLAINT . WE LIKE TO GO AHEAD AND HAVE YOU ADDRESS THAT AND PROVIDE YOUR 
          OPINION. >> THANK YOU, MAYOR. YES. I READ THE COMPLAINT AND IT EXCITES THREE PROVISIONS IN THE CITY'S CODE OF ETHICS. ONE OF THE PROVISIONS IS FOR 63.14. I THINK THAT ONE IS RELATIVELY EASY TO DISPENSE WITH IT REQUIRES THAT COUNCILMEMBER BRITTON ENGAGED WILLFULLY AND KNOWINGLY IN A DISHONEST ACT AND ALSO THAT THE ACT OR THAT HIS ENGAGING IN THE ACT BE PREJUDICIAL TO THE GOVERNMENT 
          [01:50:02]
OF THE CITY OR IMPAIR OPERATIONS OF THE CITY. AS COUNCILMEMBER BRITTON POINTED OUT, HE'S VOTE WAS ONE OF SIX, SO IT WASN'T OUTCOME DETERMINATIVE . IN MY OPINION, IT WOULD THEN NOT BE IMPAIR THE OPERATIONS OF THE CITY. ALSO AS HE POINTED OUT, AND AS I HAVE CONFIRMED WITH MR. BERMAN, HE DID ACT ON THE ADVICE OF LEGAL COUNCIL. HE WAS ADVISED THAT HIS CONTINUING TO PARTICIPATE WOULD NOT BE ILLEGAL. SO, IT WOULD BE DIFFICULT TO ME TO THEN SAY THAT HE WAS WILLFULLY AND KNOWINGLY ENGAGED IN A DISHONEST ACT. SO, IN MY LEGAL OPINION, I DON'T BELIEVE THERE IS EVIDENCE OF A VIOLATION OF THAT PROVISION. LOOKING THEN AT SECTION 463.3, THE GRANTING OF ANY SPECIAL CONSIDERATION TREATMENT OR ADVANTAGE TO ANY CITIZEN OR ORGANIZATION. THE CONSIDERATION HERE WAS A VOTE. 
          FIVE OTHER COUNCILMEMBERS GAVE THE EXACT SAME CONSIDERATION. 
          THEY GAVE A VOTE ON THIS. SO I GUESS THE QUESTION THEN, WAS IT, IN THE CASE OF COUNCILMEMBER BRITTON, A SPECIAL CONSIDERATION? THAT IS A FACT ISSUE. COURTS WILL PROTECT THE THOUGHT PROCESSES OF LEGISLATORS, INCLUDING LOCAL LEGISLATORS LIKE COUNCILMEMBERS. THAT IS THE LEGISLATIVE PRIVILEGE THAT THEY WILL NOT ALLOW PRYING INTO THAT. SO YOU KNOW YOU WILL NOT BE CALLED UPON TO COVER TECH SUPPLY TESTIFIED ON YOUR VOTE. INSTEAD, THE COURT WOULD LOOK AT THE OBJECTIVE EVIDENCE. WHAT IS AVAILABLE HERE TO DO A DETERMINATION AS TO WHETHER THAT VOTE WAS A SPECIAL CONSIDERATION. AND YOU HAVE HEARD ALL THE EVIDENCE. I THINK THAT ALSO LENDS ITSELF TO CONSIDERATION OF THE FINAL PROVISION THAT WAS CITED, WHICH IS SECTION 464. 2.464. AND, TO ME, THIS IS REALLY THE ONE THAT IS THE HEART OF THE MATTER AND IT SAYS THAT ANY OFFICER WHO IS EITHER A PERSONAL OR PRIVATE INTEREST IN A MATTER PENDING BEFORE THE COUNCIL SHALL DISCLOSE THAT AND REFRAIN FROM VOTING . PARTICIPATING OR VOTING. HOWEVER, THE CODE OF ETHICS DOES NOT DEFINE WHAT A PERSONAL OR PRIVATE INTEREST IS. IT ALSO, NOWHERE IN IT DISCUSSES RELATIONSHIP LIKE CONSEQUENTLY OR AFFINITY. IT MERELY SAYS ANY OFFICER WHO HAS A PERSONAL OR PRIVATE INTEREST MUST DISCLOSE THE INTEREST. THERE ARE NO GUIDELINES ANYWHERE IN THE CODE OF ETHICS OR IN THE ENTIRE CODE OF ORDINANCES REGARDING HOW TO INTERPRET THIS. IT IS MY LEGAL OPINION THAT IF A COAT INTERPRETED COURT INTERPRETED THIS, IT WOULD LOOK TO THE CLOSEST STATE LAW TO THIS PROVISION AND A PERSONAL OR PRIVATE INTEREST IN THAT REGARD , I THINK THE CLOSEST STATE LAW IS THE STATE ETHICS LAW WHICH ALSO GOVERNS COUNCILMEBER CONDUCT AND THAT IS TEXAS LOCAL GOVERNMENT CODE 171 WHICH SAYS, A COUNCILMEMBER HAS TO DISCLOSE A SUBSTANTIAL INTEREST AND THEN, IT DEFINES THE SUBSTANTIAL INTEREST IN A BUSINESS . THE CHURCH WOULD QUALIFY AS A BUSINESS. SAYS THAT YOU HAVE A SUBSTANTIAL INTEREST IN A BUSINESS IF YOU OR ANY PERSON OR ANY MEMBER OF YOUR FAMILY WITHIN THE FIRST DEGREE BY BLOOD OR MARRIAGE RECEIVES FUNDS FROM THAT BUSINESS THAT IS 10% OR MORE OF YOU OR THAT RELATIVES GROSS INCOME FOR THE PREVIOUS YEAR. 
          IT IS VERY LIKELY THAT BASED ON THE COMMENTS FROM COUNCILMEMBER BRITTON , THAT HIS SON IN LAW RECEIVED 10% OR MORE OF HIS GROSS INCOME FROM THE CHURCH. THAT WOULD MEAN THAT HE HAD A CONFLICT OF INTEREST IF WE TAKE THE STATE LAW AND THEN PLAN IT INTO OUR CODE OF ETHICS. AGAIN, I BELIEVE THAT IS WHAT A COURT WOULD DO, HOWEVER, THE STATE LAW ALSO SAYS IN SECTION 171.004 THAT IT IS NOT A VIOLATION OF THE STATE LAW UNLESS IT IS A KNOWING VIOLATION , AND IN THIS INSTANCE, AGAIN, I DON'T BELIEVE IT IS A KNOWING VIOLATION WHEN YOU ACT ON THE ADVICE OF YOUR LEGAL COUNCIL WHO TELLS YOU THAT IT IS NOT ILLEGAL. SO, EVEN IF WE 
          [01:55:01]
TRANSPLANT THE STATE LAW INTO THE CODE -- INTO OUR CODE OF ETHICS, I DON'T BELIEVE THAT THERE IS EVIDENCE OF A VIOLATION. THAT IS MY LEGAL OPINION. 
          >> THANK YOU. ALL RIGHT. COUNCIL, QUESTIONS FOR COUNCILMEMBER BRITTON OR OUR CITY ATTORNEY? COUNCILMEMBER 
          WINGET? >> COUNCILMEMBER, I WANT TO THANK YOU FOR THAT STATEMENT. I APPRECIATE YOUR HONESTY AND HOW YOU FEEL AND YOUR THOUGHTS. I DO WANT TO CLEAR UP A COUPLE THINGS THAT YOU MENTIONED BECAUSE I DON'T WANT THERE TO BE A MISUNDERSTANDING ABOUT WHAT THE COUNCIL'S MOTIVATIONS WERE WHEN WE INITIALLY MET AND I THINK SOME OF THE THINGS THAT YOU SAID MIGHT CAST ASPERSION ON THE COUNCIL AS A WHOLE DURING THAT DISCUSSION. THE ETHICS POLICY HAS A PARAGRAPH THAT STATES, QUOTE, DELIBERATIONS AND DECISIONS OF THE COUNCIL ON PERTAINS PERTAINING TO ANOTHER COUNCILMEMBER SHALL BE CONDUCTED WITHOUT THE PARTICIPATION OF THE SUBJECT MEMBER. WITH THAT BEING SAID, THE COUNCIL HAD THAT DELIBERATION WITHOUT YOU BASED ON THE POLICY, NOT BECAUSE IT WAS A DECISION OF HOURS TO NOT HEAR YOUR SIDE OF THE STORY OR HEAR WHAT YOU HAD TO SAY BUT SIMPLY THAT IS BECAUSE WHAT THE POLICY STATES. THE SECOND THING WAS, FOLLOWING THAT EXECUTIVE SESSION, IT WAS MY UNDERSTANDING , AND I WOULD BE HAPPY TO BE CORRECTED BY A COUNCILMEMBER IF I AM MISTAKEN, THAT WE AGREED TO NOT DO ANYTHING AT THAT TIME NOT BECAUSE WE WANTED TO PURSUE A CRIMINAL INVESTIGATION OR ANYTHING LIKE THAT BUT WE WERE AFRAID THAT ANY DECISION MADE BY THE COUNCIL FROM AN ETHICS POLICY DECISION MIGHT INFLUENCE OR IMPACT A POTENTIAL CRIMINAL INVESTIGATION. WE DID NOT WANT TO HAVE AN ADVERSE IMPACT ON THE CRIMINAL INVESTIGATION THAT COULD HAPPEN AS A RESULT OF COMPLAINTS THAT MIGHT HAVE BEEN FILED BY A MEMBER OF THE PUBLIC. SO THAT IS MY UNDERSTANDING. IF I AM INCORRECT, COUNCIL, I WOULD APPRECIATE BEING COLLECTED. 
          >> I DON'T BELIEVE YOU ARE CORRECT. THANK YOU. I BELIEVE YOU ARE CORRECT. COUNCILMEMBER BRITTON? I GUESS MY THOUGHTS ON THAT WAS MAYBE WE NEED TO CHANGE THE POLICY FOR FUTURE SITUATIONS SO THAT -- I GET THAT WE SHOULD NOT BE -- THE ACCUSED SHOULD NOT BE IN THERE, BUT I THINK YOU OUGHT TO AFFORD THE ACCUSED AT LEAST A SMALL SEGMENT TO AT LEAST COME IN AND BE ABLE TO ANSWER THE CHARGES THAT HAVE BEEN LEVELED AGAINST THAT PERSON, OR COUNCILMEMBER, AND ENTERTAIN ANY QUESTIONS OR SUBJECT THEMSELVES TO QUESTIONS FROM THE FULL COUNCIL AT THAT POINT. THE EXCUSE THE BACKS OUT OF THE EXECUTIVE SESSION SO THEY CAN CONTINUE DELIBERATIONS. TRYING TO 
          REMEMBER THE SECOND THING. >> 
          >> MAYBE I MADE THE ASSUMPTION THAT I GOT LAUNCHED ON A CRIMINAL ACTIVITY PATH BECAUSE THAT IS WHEN I WAS INFORMED THAT YOU KNOW, OBVIOUSLY ROWLETT POLICE WOULD NOT INVESTIGATE IT BUT THE TEXAS RANGERS WOULD BE CONTACTING ME AND SO I PUT TWO AND TWO TOGETHER THAT , OKAY, I AM NOW ON THIS PATH WHERE IT IS NOT JUST AN ETHICS. I COULD HAVE COMMITTED SOMETHING CRIMINAL AND I DIDN'T HAVE THE LUXURY OF YOU OR THE COUNCIL TELLING ME WHAT THEIR INTENT WAS BECAUSE I WAS NOT PART OF THE EXECUTIVE SESSION, SO THAT IS 
          HOW I BASED THAT. >> DID YOU HAVE A RESPONSE TO 
          THAT? >> I DO. THANK YOU AND IT WAS UNFORTUNATE TIMING AND I RESPECT THAT OPINION. I DON'T DISAGREE WITH YOU ABOUT THE ETHICS POLICY. IT HAS PROBLEMS. UNFORTUNATELY, THE ETHICS POLICY ALSO HAS A PROVISION THAT THIS ALLOWS THE COUNCIL FROM SHARING THINGS IN EXECUTIVE SESSION THAT ARE DEEMED CONFIDENTIAL AND THAT PUT US IN THE POSITION OF NOT BEING ABLE TO HAVE A CANDID CONVERSATION WITH YOU ABOUT WHERE WE WERE AT THAT TIME TOO. 
          HANDCUFFS AT ETHICS POLICY. >> IN A CORNER. DEPUTY MAYOR 
          SHINDER ? YES. >> SORRY. THESE ARE QUESTIONS. 
          WE WILL GO INTO DISCUSSIONS OR COMMENTS AFTER A MOTION. 
          >> OKAY. I HAD A COMMENT. >> QUESTIONS? 
          >> 
          >> TO BE VERY CLEAR, DID YOU KNOW THAT WHAT YOU WERE DOING WAS 
          ILLEGAL? FOR THE RECORD. >> IF I HAD KNOWN THAT, I WOULD NOT HAVE DONE THAT. WHEN MR. BERMAN ADVISED ME, ADVISED ME THAT IT WAS NOT ILLEGAL BUT THAT IT COULD BE POLITICALLY OR MORALLY DISADVANTAGEOUS TO ME , I UNDERSTOOD THE POLITICAL 
          [02:00:05]
PART, I DID NOT UNDERSTOOD THE MORAL PART. I FELT I WAS ON GOOD GROUND KNOWING I COULD PROBABLY GO FORWARD AND PARTICIPATE BECAUSE I KNEW I HAD NO INTEREST IN THE SALE OF THAT PROPERTY. I DON'T KNOW ALL THE INNER WORKINGS OF THE CHURCH BUT I KNOW ENOUGH TO KNOW THAT THAT IN FIRE FUNDS COULD NOT COME INTO THE CHURCH . IT HAD TO BE SEPARATE GOING TO THE BANK SO THAT THERE IS NO AND PRIORITIES. YOU SHAVED OFF THIS MUCH AND WENT IN THE GENERAL FUND. YOU ARE PAYING FOR THIS WHEN IT IS NOT THE INTENT OF THAT. SO, I DID NOT IN MY HEART BELIEVE THAT I HAD ANY INTEREST SUBSTANTIAL ANYTHING AND, LIKE I SAID, IF I THOUGHT IT WAS ILLEGAL, I WOULD 
          HAVE ABSTAINED. >> 
          >> ALSO FOR THE RECORD, YOU WERE RELYING ON THE ADVICE OF 
          COUNCIL. IS THAT TRUE? >> SAY THAT AGAIN? 
          >> ABSOLUTELY. >> ALL RIGHT. COUNCIL? OTHER QUESTIONS FOR COUNCILMEMBER BRITTON? ALL RIGHT. COUNCIL, YOU ARE AWARE OF THE CODE OF ETHICS AND THE ACTION THAT CAN OCCUR BEFORE YOU , AND SO WITH THAT, I WILL ENTERTAIN A MOTION RELATED TO THIS ITEM. COUNCILMEMBER WINGET? 
          >> MAYOR, AS A RESULT OF THIS ETHICS ALLEGATION OF THE COMPLAINT, I WOULD MOVE THAT THE COUNCIL, HAVING GIVEN DUE CONSIDERATION TO THE COMPLAINT AND INVESTIGATING IT FAILED TO SUSTAIN THE ALLEGATIONS AND ISSUE A STATEMENT THAT THE COMPLAINT IS WITHOUT MERIT . PERIOD. 
          >> OKAY. >> IS THAT SUFFICIENT? 
          >> DEPUTY MAYOR SHINDER? >> I SECOND THAT MOTION. 
          >> NOW FOR DISCUSSION. TONIGHT, COUNCIL, WE FACE AN IMPORTANT RESPONSIBILITY. WE ALL KNOW ON THIS SUBJECT THAT THE, AGAIN, REGURGITATING THE SUBMITTED COMPLAINT ALLEGES SEVERAL VIOLATIONS OF THE CODE OF ETHICS. THESE SECTIONS THAT ARE ALLEGED TO HAVE BEEN VIOLATED PERTAINED TO THE GRANTING OF SPECIAL CONSIDERATION , ENGAGEMENT AND DISHONEST ACTS OR DISCLOSURE OF PERSONAL OR PRIVATE INTERESTS THE SPECIFICS OF THE COMPLAINT AS WE KNOW STATE THAT COUNCILMEMBER BRITTON'S FAMILIAR RELATIONSHIP WITH MR. HITCHCOCK WAS NOT PUBLICLY DISCLOSED WHEN A REQUEST TO REZONE AM LAND OWNED BY THE FIRST BAPTIST CHURCH WAS PRESENTED TO THE COUNCIL. THE CITY ATTORNEY AT THE TIME, AND I WOULD ATTEST WOULD NOT SAY THAT THE NON-RECUSAL WAS ILLEGAL . HE DID HIGHLY ENCOURAGE A RECUSAL, BUT WOULDN'T ENCOURAGE IT BASED ON STATING THAT IT WAS ILLEGAL. 
          JUST THAT, AGAIN, AS COUNCILMEMBER BRITTON STATED, COULD BE A BAD LOOK. COUNCILMEMBER BRITTON, AFTER COMING BACK INTO THE ITEM , COUNCILMEMBER BRITTON, I CAN AS WE KNOW CHOSE TO REMAIN PRESENT FOR THE MATTER AND MADE THE MOTION TO APPROVE THE REZONING REQUEST . THIS, IN MY OPINION, WAS NOT A PRACTICE OF GOOD JUDGMENT GIVEN THAT THIS WAS -- COULD BE A VIOLATION OF LAW. COULD BE A VIOLATION OF THE CODE OF ETHICS. WAS NOT A GOOD PRACTICE OF JUDGMENT, HOWEVER, WHEN WE RECEIVE LEGAL ADVICE, WE EXPECT OUR CITY ATTORNEY TO GIVE US PROPERLY PROPER LEGAL ADVICE. IN OUR CITY ATTORNEY AT THE TIME GAVE HIM IMPROPER LEGAL ADVICE. GAVE HIM INCORRECT LEGAL ADVICE. HENCE THAT WE HAVE A NEW CITY ATTORNEY HERE WITH US TODAY WITH US. AND SO, THE FACTS ARE, AND IT IS IMPORTANT THAT WE CONSIDER THE FACTS OF THIS CASE IS THAT HE RECEIVED IMPROPER LEGAL ADVICE, I CAN ATTEST TO THAT PERSONALLY, AND AS A RESULT, AS THE CITY ATTORNEY STATED, HE DID NOT KNOWINGLY VIOLATE THE LAW OR VIOLATE THE 
          [02:05:05]
CODE OF ETHICS. ADDITIONALLY, IN OUR CODE OF ETHICS AS THE CITY ATTORNEY WANTED OUT, THERE IS NO DEFINITION FOR SUBSTANTIAL INTEREST , AND AS A RESULT, THERE IS NOTHING EVEN AT STAKE REGARDING DEGREES OF AFFINITY IN OUR CODE OF ETHICS. 
          SO THEN YOU WOULD HAVE TO WONDER, IS THIS EVEN A VIOLATION OF OUR CODE OF ETHICS? AND IF WE ARE REFERRING TO STATE LAW TO GUIDE US, BASICALLY, IF COUNCILMEMBER BRITTON -- IF WE HAD NOT RECESSED FOR THAT MOMENT AND THE ITEM CONTINUED FORWARD WITHOUT HIM RECEIVING LEGAL ADVICE, IT WOULD HAVE BEEN A VIOLATION OF THE LAW AND IT WOULD HAVE POTENTIALLY BEEN A VIOLATION OF THE CODE OF ETHICS. THANK GOD WE RECUSED. BECAUSE NO ONE HERE WANTS TO SEE ANY OF OUR COLLEAGUES IN TROUBLE. THAT IS THE REASON I PAUSED BECAUSE I DON'T WANT TO SEE A FELLOW COUNCILMEMBER GET IN ANY TROUBLE. WHETHER WE CAN AGREE OR DISAGREE ON PERSONAL OR BUSINESS ISSUES, I DON'T WANT TO EVER SEE ANY OF US GET IN TROUBLE OR DEAL WITH THE SAME THINGS THAT I PERSONALLY HAD TO DEAL WITH WITH PREVIOUS COUNCIL. AND SO, I CAN'T SUPPORT ANY EFFORT AT THIS LEVEL AS A MAYOR TO FIND THAT THEY VIOLATED THE CODE OF ETHICS I BELIEVE AGAIN IT WAS VERY POOR JUDGMENT, I DO NOT FIND IT TO BE A VIOLATION OF THE CODE OF ETHICS AND I DO NOT FIND IT TO BE A VIOLATION OF THE CODE OF LAW. AGAIN, THAT IS RELYING ON OUR NEW CITY ATTORNEY'S LEGAL ADVICE WHICH I TAKE VERY SERIOUSLY, WHICH WE ALL TAKE VERY SERIOUSLY. SO, THAT IS MY COMMENTS. DEPUTY 
          MAYOR SHINDER? >> YES. SO, I READ THROUGH ALL OF THIS AS A CITY ATTORNEY DID AND EVEN BEFORE WE GOT HER ADVICE. MY THOUGHT WAS THAT IT ALL COMES DOWN TO THE CULPABLE MENTAL STATE. AND THAT IS WHY I ASKED, SPECIFICALLY, DID YOU KNOW ? BECAUSE THAT IS WHAT MATTERS HERE MOST. AND I DON'T BELIEVE THAT YOU DID IF YOU WERE ADVISED BY OUR ATTORNEY, ON WHOM YOU SHOULD BE ABLE TO RELY, THAT IT WAS NOT ILLEGAL. 
          I WANT YOU TO KNOW THAT WE ACTUALLY DO HAVE A SUBCOMMITTEE FORM THAT IS REVISING THIS CODE OF ETHICS AND THAT THAT IS ONE OF THE THINGS THAT I AM VERY ADAMANT ABOUT IS THAT AN ACCUSED PERSON SHOULD HAVE THE RIGHT TO DEFEND HIM OR HERSELF AS WELL AS ALL THE OTHER PROBLEMS THAT WE POINTED OUT IN THE EXISTING CODE. AND AT THE TIME, I WANTED TO LET YOU COME IN THERE AND WASN'T ABLE TO DO SO BECAUSE OF THE WAY THAT IT WAS WRITTEN. SO, I AGREE WITH THE MAYOR THAT THIS IS NOT THE DECISION THAT I WOULD HAVE MADE. I WOULD RECUSE MYSELF. I RECUSED MYSELF WHEN SOMETHING COMES UP PERTAINING TO MICROSOFT BECAUSE MY HUSBAND WORKS THERE. BUT THE RELYING ON THE ADVICE OF COUNCIL IS WHAT YOU SHOULD BE ABLE TO DO. YOU ARE NOT AN ATTORNEY. YOU SHOULD KNOW THIS. AND SO, I AGREE OF THESE ALLEGATIONS. OBVIOUSLY, I HAVE SECONDED THE MOTION THAT THE ALLEGATION SHOULD NOT BE SUSTAINED. 
          >> COUNCIL? OTHER COMMENTS? MAYOR PRO TEM WINGET? 
          >> THIS IS LESS OF A COMMENT FROM YOU, COUNCILMEMBER BRITTON AND MORE FOR THE SAKE OF THE PUBLIC. WE HAVE AN ETHICS POLICY FOR A REASON. THE EFFICACY OF THE POLICY IS CERTAINLY UP FOR DEBATE BUT WE CERTAINLY HAVE AN EFFICACY POLICY FOR REASON AND THAT IS BECAUSE NO MEMBER OF THIS BODY UP HERE IS ABOVE ANY OTHER OTHER MEMBERS OF THIS BODY NOR ARE WE ABOVE THE LAW. WE ARE ACCOUNTABLE TO OUR RESIDENTS , THOSE WHO VOTE FOR US AND THOSE WHO DON'T. AND HAD IT NOT BEEN FOR YOU SEEKING THE ADVICE OF THE CITY ATTORNEY, YOU WOULD'VE LIKELY BEEN IN SOME TROUBLE. AND I'M GLAD THAT YOU DID. 
          I'M GLAD THAT THE MAYOR CAUGHT IT. I WOULD RE-EMPHASIZE AT THIS POINT THAT ALL OF US NEED TO BE ON GUARD FOR THAT TYPE OF THING, NOT ONLY FOR OURSELVES BUT THE REMAINDER OF THE COUNCIL. WE COULD VERY EASILY FIND OURSELVES IN OUR CITY AND 
          [02:10:05]
A GREAT DEAL OF TROUBLE IF WE WENT INTO THIS ISSUE AGAIN BUT I ALSO WANT TO AFFIRM THE FACT THAT SOMEONE FILING A COMPLAINT LIKE THIS IS LEGITIMATE. REGARDLESS OF IT IS POLITICALLY MOTIVATED OR NOT, IT IS A LEGITIMATE PROCESS THAT IS OUT THERE AND IT'S OUT THERE FOR A VERY GOOD REASON AS I STATED AS I STARTED. MOTIVATIONS ASIDE, PERSONALITIES ASIDE, I'M GLAD THAT WE HAVE AN ETHICS POLICY. I'M GLAD THEY HOLD US ACCOUNTABLE AND EFFECT IT HAS GONE ON AS LONG AS IT HAS AND HAS TAKEN MUCH THIS OF OUR TIME IS THERE WAS SOME LEGITIMACY TO THE COMPLAINT AT SOME POINT AND I'M GLAD THAT WE HAVE BEEN ABLE TO DIG INTO IT AND GET IT BEHIND US. EXCUSE ME. I AM GLAD THAT WE HAVE BEEN ABLE TO DIG INTO IT AS COUNCIL AND GET IT BEHIND US. THANK YOU AGAIN FOR YOUR COMMENTS AND REMARKS BECAUSE I THINK THOSE WERE LONG OVERDUE AND I THINK THEY REALLY HELP CLEAR THE AIR AMONGST THE PEOPLE IN THE ROOM. 
          >> THANK YOU, COUNCIL. OTHER COMMENTS? ALL RIGHT. IF THERE ARE NO OTHER COMMENTS THAN THERE IS A MOTION IN THE SECOND 
          ON THE FLOOR . >> 
          >> THAT WOULD BE THE PREFERENCE. 
          >> 
          TRUST OVER HERE. >> ALL RIGHT. GO AHEAD AND CALL 
          THE VOTE. >> ALL RIGHT. AND THE MOTION CARRIES WITH SIX YESES AND ONE ABSTENTION. WITH THAT, THAT DOES CONCLUDE OUR BUSINESS FOR TH
* This transcript was compiled from uncorrected Closed Captioning.