Apr 28, 2022 CITY COUNCIL WORK SESSION

[ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL WORK SESSION THURSDAY, APRIL 28, 2022 5:30 P.M. HULLUM CONFERENCE ROOM, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM ]

[a. Receive and discuss the general provisions of the Open Meetings Act and Council's Rules of Procedure.]

[00:00:20]

Y'ALL VERY FAST, BRIEF REFRESHER ON SOME OPEN RECORDS, UM, THINGS.

AND THEN ASK, SEE IF YOU HAVE ANY QUESTIONS FOR ME AFTERWARD.

UM, AND I HAVE STRESS BREVITY.

I KNOW SOME Y'ALL HAVE HAD THIS TRAINING ONE TO ONCE, BUT SO I, THIS IS A VERY SHORTENED VERSION OF IT.

UH, A LARGE VIEW.

AND THEN WE CAN FOCUS IN ON THE EXECUTIVE SESSION.

I'VE CUT THIS FROM 50 SLIDES DOWN TO LESS THAN 20.

SO OPEN MEETING, ZACH, YOU HAVE TO BE GIVEN NOTICE OF THE TIME PLACE.

IT HAS TO BE OPEN.

JUST THE GENERAL RULE.

OF COURSE, IT HAS TO BE OPEN TO THE PUBLIC, APPLIES ANYTIME THERE'S A QUORUM, EXCEPT THERE'S SOME EXCEPTIONS WE'RE ABOUT TO RUN THROUGH.

EVEN IF THERE'S NO ACTION TAKEN, STILL APPLIES.

THESE ARE THE EXCEPTIONS.

A SOCIAL FUNCTION, A CONVENTION WORKSHOP, CEREMONIAL EVENT, PRESS CONFERENCE, CANDIDATE FORUM, OR TO DELIBERATE REGARDING AN ELECTRIC IF FORMAL ACTION IS NOT TAKEN AND ANY DISCUSSION OF OTHER BUSINESSES INCIDENT.

SO ANY OF THOSE THINGS.

IF THAT DOESN'T HAPPEN, IT'S OKAY.

THEN IT'S AT THE ATTENDANCE OF COUNCIL, AT THE MEETING OF A COMMITTEE OR AGENCY AT THE LEGISLATURE.

SO THEY LET Y'ALL, IF THERE'S SOMETHING BIG INTEREST TO BAYTOWN THAT YOU NEED TO GO ATTEND, CAN ATTEND, CAN CALL THAT MEETING 72 HOUR RULE.

THIS IS WHY WE, WE TRY TO POST ON FRIDAYS.

THAT WAY IF THERE'S SOMETHING THAT WE NEED TO CHANGE, WE STILL HAVE MONDAY TO CHANGE IT.

UM, 'CAUSE THAT'S OUR DEADLINE MONDAY ABOUT FOUR O'CLOCK.

IF WE HAVEN'T POSTED, THEN WE MIGHT HAVE TO CANCEL A MEETING.

SO THAT'S ALWAYS THAT 72 HOURS IS SOMETHING THAT'S IN OUR MIND.

AND YOU CAN RECESS TO THE NEXT BUSINESS DAY.

AS LONG AS IT'S NOT, UH, SHADY.

YOU'RE DOING IT IN GOOD FAITH.

YOU HAVE, UH, IF THERE'S AN EMERGENCY, YOU CAN DO AN EMERGENCY MEETING THAT YOU HAVE TO GIVE SPECIAL NOTICE TO THE MEDIA PRIOR TO THE MEETING AS THAT THE DATE, THE HOUR, THE PLACE OF THE DESCRIPTION, EACH ITEM TO BE DISCUSSED.

I CAN'T BE ONLY GENERAL AND THERE'S SOME OPINIONS OUT THERE THAT, UM, WHEN WE COME BACK HERE TO DISCUSS PENDING LITIGATION AND THINGS LIKE THAT, IF IT'S A SPECIAL ITEM OF COMMUNITY INTEREST THAT'S BEEN IN THE PAPER, THAT IS NORMALLY DRAWN, A LARGE CROWD, WE NEED TO GO AHEAD AND PUT IN THE ITEM THAT WE'RE DISCUSSING AND DATES AND THAT.

BUT YOU HAVE TO PROVIDE MORE DETAIL.

NOTICE TO ALERT THE PUBLIC IN GENERAL TERMS OF THE SUBJECT DESCRIPTIONS SUCH AS THOSE OLD BUSINESS PERSONNEL MATTERS.

JUST BROAD THINGS THAT COULD BE ANYTHING ARE NOT SUFFICIENT.

YOU CAN START ANY TIME THAT THE QUORUM IS PRESENT AFTER IT'S THE HOUR THAT IT WAS POSTED.

THE AUTHORITY DELEGATED TO GOVERNING A BODY MAY BE EXERCISED ONLY AT MEETING OF THE QUORUM OF ITS MEMBERS, WHICH OF COURSE MEANS WHETHER A MEMBER OF THE COUNCIL MAY RESPOND WITH A STATEMENT OF SPECIFIC FACTUAL INFORMATION OR RECITE THE GOVERNMENT'S BODY'S EXISTING POLICY.

THIS IS IF SOMEONE COMES AND MAKES A COMMENT ON SOMETHING THAT'S NOT ON THE AGENDA, THOSE ARE YOUR RESPONSES THAT WILL, WILL BE ALL RIGHT BECAUSE YOU'RE NOT GETTING INTO ANY ACTION TAKEN OR ANYTHING LIKE THAT.

YOU CAN ALSO DIRECT THEM, SPEAK TO STAFF.

UM, AND COUNCIL MEMBER MAY OFFER TO PLACE THE ITEM ON THE AGENDA FOR DISCUSSION OF THE FUTURE MEETING.

CAN THEY DO A REPORT? YES.

IF THE REPORT'S GIVEN BY STAFF OR COUNCIL MEMBERS, IT'S NOT OTHER THAN THOSE TWO CATEGORIES AND THE REPORTS ABOUT AN ITEM OF COMMUNITY INTEREST, NO ACTION IS TAKEN AND POSSIBLE ACTION IS NOT DISCUSSED.

THESE ARE WHAT THEY FOUND FOR ITEMS OF COMMUNITY INTEREST.

EXPRESSIONS OF THANKS.

INFORMATION REGARDING HOLIDAY SCHEDULES, AN HONORARY OR SALUTATORY RECOGNITION OF A PUBLIC OFFICIAL.

A REMINDER ABOUT AN UPCOMING EVENT.

INFORMATION REGARDING A COMMUNITY EVENT ORGANIZED OR SPONSORED BY ANOTHER ENTITY.

ANNOUNCEMENTS INVOLVING AN TO PUBLIC HEALTH AND SAFETY.

[00:05:03]

UH, MATTERS.

SO ANYTIME WE'RE DEALING WITH THE DISCIPLINING OF A, OF A CITY EMPLOYEE, THAT CITY EMPLOYEE CAN ACTUALLY, PER THE LAW, SAY THAT I WANT IT TO BE IN PUBLIC.

AND THEN YOU HAVE TO DO TO PUBLIC.

BUT IF THEY DON'T SAY THAT, THEN THE DEFAULT IS DO IT BACK HERE IN EXECUTIVE SESSION.

AND WE CAN DELIBERATE THE PURCHASE OF REAL PROPERTY AND OF COURSE TO CONSULT WITH YOUR ATTORNEY PENDING OR CONTEMPLATED LITIGATION OR SETTLEMENT OFFER.

AND THERE'S ANOTHER PROVISION, THERE'S SEVERAL OTHER PROVISIONS, BUT THESE ARE THE ONES THAT APPLY TO CITY COUNCILS.

UH, ONE IS TO DISCUSS SECURITY MATTERS.

YOU HAVE A CODE OF ETHICS.

THAT'S WHERE YOU CAN FIND, UH, THE TWO KINDS OF STANDARDS, STATUTORY AND THE LOCAL STANDARDS.

THE STATUTORY STANDARDS ARE ALL PENAL CODE VIOLATIONS THAT THERE'S NO REASON TO REHASH FOR ANY OF YOU.

BUT THE LOCAL STANDARDS IS WHERE WE GET INTO SOME OF OUR LOCAL RULES THAT COULD COME INTO EFFECT.

UM, WHILE ACTING IN YOUR OFFICIAL CAPACITY, YOU CAN'T GRANT OR INFLUENCE THE GRANTING OF ANY SPECIAL CONSIDERATION.

THAT IS, THESE ARE ALL THE DIFFERENT STANDARDS.

SO IF YOU DO IT BASICALLY THOUGH AS A GENERAL IDEA, IF YOU DO ANYTHING SPECIAL FOR SOMEONE THAT YOU WOULDN'T OTHERWISE DO IN THAT COURSE OF BUSINESS, IT COULD BE A VIOLATION.

IT'S NOT A CRIMINAL VIOLATION.

BUT SOMEONE COULD SAY, YOU TREATED THIS PERSON A LOT BETTER THAN YOU TREATED ALL THESE OTHER PEOPLE IN THE SAME POSITION.

THAT COULD BE A ETHICAL VIOLATION.

CAN'T REPRESENT ANY PERSON OTHER THAN YOURSELF OR THE CITY BEFORE.

CITY BOARD HERE.

YOU CAN'T DISCLOSE OR USE IN AN UNOFFICIAL CAPACITY, CONFIDENTIAL INFORMATION ACQUIRED IN THE COURSE OF OFFICIAL DUTIES.

THAT MEANS EVEN THOUGH WE COME BACK HERE AND WE TALK IN EXECUTIVE SESSION, THIS IS THE ONLY RULE THAT WE WOULD HAVE.

THEREFORE, IF YOU DISCLOSE SOMETHING THAT HAPPENS IN EXECUTIVE SESSION, AS LONG AS IT'S NOT CONFIDENTIAL INFORMATION, IT'S NOT GONNA VIOLATE THIS RULE.

IT COULD, DEPENDING ON WHAT THE INFORMATION IS, HAVE OTHER EFFECTS.

LIKE IF IT'S ONE OF THOSE PERSONNEL MATTERS, UH, AND YOU DISCLOSE WHAT HAPPENED BACK HERE, COULD BE LIABLE, IT COULD BE ANYTHING LIKE THAT.

THERE COULD BE OTHER CONSEQUENCES.

IT COULD HAVE ADVERSE EFFECTS IN THE CITY, BUT IT'S NOT GONNA BE A VIOLATION OF OUR STATEMENT.

SO LEMME ASK YOU THIS.

WHEN WILL WE KNOW SOMETHING'S CONFIDENTIAL? WE GET, WE GET DOCUMENTS.

DOCUMENTS.

IT COULD BE REAL ESTATE DOCUMENTS.

IT COULD BE, IT COULD BE, UH, IF IT IS REAL ESTATE, LET'S SAY IT COULD BE A PICTURE OF LAND THAT WE'RE LOOKING AT, UH, WITH I SEEN IT ON IT.

IS THAT WHAT'S CONFIDENTIAL? FAR AS DISCUSSION, WE TALK ABOUT, HEY, WELL LET'S MAKE AN OFFER ON THIS PROPERTY.

IS IT DISCUSSION AT THAT POINT? DOES IT, THE DISCUSSION BECOME CONFIDENTIAL? THAT'S WHERE THERE'S TOO MANY RULES TO GIVE YOU A RULE OF THUMB THAT'S GONNA HELP YOU.

'CAUSE UH, IF IT'S A CONTRACT THAT WE'RE NEGOTIATING, THERE COULD BE THINGS IN THAT CONTRACT THAT AREN'T PUBLIC INFORMATION AND THINGS THAT AREN'T PUBLIC INFORMATION.

SO JUST TALKING ABOUT THE CONTRACT ALONE, THERE'S A WIDE VARIETY OF LAWS THAT PROTECT INFORMATION AND LIKE ATTORNEY-CLIENT FOR INSTANCE, IF YOU DISCLOSE AN ATTORNEY-CLIENT COMMUNICATION AND WE DON'T HAVE ANY RULES WITH THESE, YOU WAIVE THE PRIVILEGE, THE INFORMATION BECOMES PUBLIC IF THERE'S NO NEGATIVE THING TO IT.

THERE'S OTHER CITIES.

I'VE LOOKED AT A BUNCH OF THEM LATELY.

UM, AND WE CAN, IF Y'ALL NEED TO COME BACK WITH ANYTHING, WE COULD.

THEY HAVE THINGS WHERE IF IT HAS AN ADVERSE EFFECT ON THE CITY, THINGS LIKE THAT, THAT'S A VERY LOOSE STANDARD.

AND UH, IT, IT WOULD TAKE A LOT OF WORK TO GET TO SOMETHING FURTHER.

AND THEN THERE'S OTHERS THAT PURPORT TO SAY, IF YOU DISCLOSE ANYTHING FROM EXECUTIVE SESSION THAT'S DISCLOSING, CONFIDE, I WAS JUST WONDERING CONFIDENTIAL.

'CAUSE WE DON'T GET ANYTHING THAT SAYS THIS IS CONFIDENTIAL.

SO IF THAT'S THE CASE, THEN I'LL NEED TO IDENTIFY THE MATERIAL.

SOMETHING TO, IN MY EXPERIENCE THAT HASN'T AND THERE'S OPEN RECORDS DECISIONS AS WELL AS SAY THAT.

YEAH.

'CAUSE I KNOW I HAVE SEAL, WHAT'S IT CALLED? I HAVE CERTIFIED AGENDAS WHERE I DO HAVE TO FILL SOME STUFF OUT AND THERE'S SOME THAT ARE JUST, THAT'S IN THE ACT.

YOU CAN'T DISCLOSE THE ACTUAL, UH, THINGS, THE RECORDING, THINGS LIKE THAT.

YOU CAN'T DO IT.

BUT ACTUAL BASIS, THERE'S NO RULE AGAINST IT.

IT, THERE COULD BE ADVERSE EFFECTS.

THERE'S SOME CITIES WHO HAVE RULES.

THERE'S SOME AG RULINGS THAT STATE THAT CERTAIN CITIES THAT HAVE CRIMINALIZED TALKING ABOUT WHAT'S, WHAT'S

[00:10:01]

IT'S GONNA BE A VIOLATION OF FREE SPEECH.

SO, BUT THEN THERE'S A LOT OF OTHER CITIES THAT ETHICAL RULES THAT KIND OF ALL OVER THE PLACE.

YES.

LEMME HAVE, UM, WELL I WAS JUST, AND, AND I DIDN'T REMEMBER THIS PART, BUT I JUST THOUGHT THAT WHEN I FIRST GOT SWORN IN AND WE WENT THROUGH THE TRAINING THAT WE WERE JUST TOLD, YOU CAN'T DISCUSS ANYTHING FROM EXECUTIVE SESSION WAS MENTIONED THERE STAYS THERE.

AND THAT'S WHAT I REMEMBER FROM THE TRAINING.

I DON'T KNOW ABOUT ANY OF Y'ALL.

I GUESS THIS IS A LITTLE DIFFERENT FROM THAT, BUT IT'S HARD TO SAY WHAT'S, AND AS MAYOR SAID, YOU'D HAVE TO REALLY PUT CONFIDENTIAL PRETTY MUCH ON EVERY DOCUMENT THAT WOULD BE DEEMED CONFIDENTIAL, RIGHT? WE COULD, UH, IF THERE'S THINGS THAT ARE GLARINGLY CONFIDENTIAL, I THINK WE GONNA SUCK.

WHAT ABOUT AFTER UH, AN ITEM IS VOTED ON AND IT'S OVER? CAN YOU THEN DISCUSS WHAT WAS SAID IN EXECUTIVE SESSION? TYPICALLY IT'S STILL NOT A GOOD IDEA, BUT MM-HMM .

UM, THERE'S NO RULE AGAINST IT AS LONG AS IT'S NOT OTHERWISE CONFIDENTIAL.

I DID SEE ONE CITY THAT HAD A RULE THAT SAID THAT AFTER IT'S NO LONGER, UM, ONCE IT BECOMES PUBLIC INFORMATION, THEN OF COURSE IT'S PUBLIC.

AND THEN ALSO AFTER AN ITEM IS BUILT ON, AT THAT POINT, WE, WE CAN'T VIOLATE THE OPEN MEETING OBVIOUSLY PRIOR TO A, A DECISION WITH DECISIONS MADE THEN AT THAT POINT IT'S ALL DECISION YOU CAN DISCUSS WITH ANYBODY, CORRECT? CORRECT.

I THINK, I GUESS WHY YOU'VE BEEN TRAINED THAT YOU CAN'T TALK ABOUT ANYTHING THAT EVER HAPPENS BACK HERE.

IT'S BECAUSE THAT'S THE BEST RULE OF THUMB.

TML WOULD ADVISE THAT THERE CAN BE A LOT OF ADVERSE EFFECT AND TO CONSULT YOUR CITY ATTORNEY BEFORE YOU DO SO.

UM, BUT TML WILL ALSO SAY THAT THERE'S NO RULE AGAINST THAT'S CLEAR.

I KNOW, RIGHT? YES, IT WAS, IT WAS PRETTY VAGUE.

IT'S LIKE GRAY AREAS.

I THINK THE BEST, THE BEST RULE OF THUMB WOULD BE, YOU KNOW, IF AN I IF, IF A SUBJECT MATTER QUALIFIES FOR EXECUTIVE SESSION, THEN IT'S IN THE BEST INTEREST OF ALL COUNSEL.

MAINTAIN THE OF WHATEVER TOOK PLACE.

THAT'D BE THE BEST RULE.

SUGGEST DISAGREE WITH THAT RULE LETTER.

AND I'LL TELL YOU WHY.

SINCE WE'RE TALKING ABOUT THIS PARTICULAR COPY, I ACTUALLY HAVE THE, UH, TEXAS ATTORNEY GENERAL OPINION JM DASH 1 0 7 1.

AND AS THE CITY ATTORNEY MENTIONED, I'M GONNA GO THROUGH THIS LAW VERBATIM DEAL.

BUT ESSENTIALLY SUBSECTION TWO, AH, ARTICLE 62, 52 DASH SEVEN CS, THE TEXAS OPEN ACT APPLIES TO THE CERTIFIED AGENDA.

IS A RECORD OF AN EXECUTIVE SESSION.

IT DOES NOT PROHIBIT MEMBERS OF THE GOVERNMENTAL BODY OR OTHER PERSONS IN ATTENDANCE AT AN EXECUTIVE SESSION FOR MAKING PUBLIC STATEMENTS ABOUT THE SUBJECT MATTER OF THAT SESSION.

SO I APPRECIATE THE RULE OF HONOR.

, I THINK I'M GONNA STICK WITH THE LAW FIRST AMENDMENT RIGHTS AND THE PUBLIC KNOWING WHAT WE TALK ABOUT IN GOVERNMENT, AND LIKE I SAY, I I'M SUBJECT, I'M PASSIONATE ABOUT, I THINK PUBLIC ACCESS TO THE PROCEEDINGS IS INVALUABLE.

I THINK ANY ATTEMPT TO DISCOURAGE OR MINIMIZE PUBLIC ACCESS WOULD BE A TRAVESTY I WOULDN'T DO.

SO I, I'M GONNA RESPECTFULLY DISAGREE WITH THAT RULE OF THUMB.

AND I'M GONNA HANG MY HAT ON THE FIRST AMENDMENT.

OPEN GOVERNMENT TRANSPARENCY AND CONSTITUTIONAL LAW.

THAT'S ALL I HAVE TO SAY ON THAT PARTICULAR TOPIC.

ALRIGHT, MOVE ON TO YOUR SLIDES PLEASE.

YES SIR.

SO EXECUTIVE SESSION IS OPEN SESSION FOR DISCUSSING ANYTHING THAT GOES ON BACK HERE.

'CAUSE I'M LIKE, WELL, WHEN WE GOT SWORN IN AFTER GOING THROUGH THE TRAINING, MY UNDERSTANDING WHAT I WAS COMMUNICATED WAS WHATEVER'S DISCUSSED IN OPEN IN EXECUTIVE SESSION STAYS IN EXECUTIVE SESSION.

UM, I WANT TO KNOW AT MY HEARING NOW THAT THAT'S NOT THE, THAT'S NOT THE CASE.

IT'S NOT A BLANKET RULE.

NOT DEPENDS ON THE INFORMATION.

AND FROM WHAT I'M UNDERSTANDING, IF IT DOESN'T SAY CONFIDENTIAL, IT CAN BE DISCUSSED OUT IN PUBLIC.

NOT IF IT, IT'S THE RULE ISN'T, IF IT DOESN'T SAY CONFIDENTIAL, WHAT IS IT? CONFIDENTIAL.

SO HOW ARE WE GOING TO KNOW IF DISCUSSION IS CONFIDENTIAL RATHER THAN SOMETHING THAT'S JUST PUT ON PAPER? THERE'S A LOT OF DIFFERENT LAWS THAT

[00:15:01]

THAT'S WHY PEOPLE HAVE DONE THE RULE OF THUMB.

BECAUSE DEPENDING ON WHAT IT IS, IT COULD LEAD TO A CRIMINAL VIOLATION TO LET IT GO.

IT COULD LEAD TO A MAJOR LAWSUIT FOR TALKING ABOUT IT.

BUT THERE'S, IT DEPENDS ON THE INFORMATION.

THERE'S A LOT OF DIFFERENT RULES THAT THAT'S WHY, AS I SAID, TALKING ABOUT A PERSONNEL MATTER CAN GET YOU SUED FOR LIABLE.

IT CAN YOU SUIT FOR OTHER REASONS THAT WE TALK ABOUT? UM, GENERALLY ONE OF THE IDEAS WAS YOU COULD TALK ABOUT ANY FACT THAT'S ALREADY IN PUBLIC.

YOU SAY THE SKY'S BLUE HERE.

IT'S NOT GONNA KEEP YOU FROM SAYING THE SKY'S BLUE OUT THERE.

BUT MAYBE YOU COULD HAVE A RULE THAT SAYS YOU CAN'T SAY IN EXECUTIVE SESSION WE TALKED ABOUT SKY BE BLUE TIPS YOUR HAND.

BUT ATTORNEY GENERAL OPINION SAYS YOU CAN'T MAKE A LAW AGAINST THAT.

BUT YOU CAN MAKE IT ETHICAL RULE.

BUT THE LAW WILL SUPERSEDE ANY RULES THAT WE MAY MAKE IT.

YES, YES.

WELL, I, YES, I WOULD JUST FOLLOW, I BELIEVE THE SAME RECOMMENDATION THAT MAYOR WAS SAYING IS THAT WE WOULD LEAVE IT UP TO Y'ALL IN THE LEGAL OR STAFF TO KNOW, UM, AND LET US KNOW WHAT CAN AND CANNOT BE DISCUSSED.

AND SO, BECAUSE I'M NOT GONNA BE ABLE TO TELL, YOU KNOW, WHAT I, WHAT I CAN AND CAN'T DISCUSS.

SO YOU CAN MAKE A, A PRESENTATION AT A LATER DATE WITH SOME TIME TO OUTLINE ALL THE DIFFERENT THINGS THAT CAN COME OR YOU COME TO AN EXECUTIVE SESSION.

IF IT'S GONNA BE ANY INFORMATION GIVEN BEFORE WE START OR WHEN WE START, WHICHEVER, WHICHEVER IT'S ON THE AGENDA WITH THE LAW AGENDA, SAY, HEY GUYS, HEADS UP THIS INFORMATION SHOULD NOT BE DISCUSSED FOR WHATEVER REASON.

AGENDA.

I MEAN, WHEN I COME INTO THE ROOM AS MAYOR, AS A COUNCIL MEMBER, I, I ALWAYS, I ENTRUST IN, IN THE COUNCIL THAT WE DISCUSS THE INTEGRITY OF THAT.

IT REMAINS THERE.

THAT'S ME.

I HAVE A COMMENT TO THAT.

SO WHAT, WHAT'S THE INTEGRITY FROM KEEPING SOMETHING FROM THE GENERAL PUBLIC? IT'S NOT HIGHLY CONFIDENTIAL IN NATURE.

SO FOR EXAMPLE, YOU MENTIONED IF THERE WAS A PICTURE OF A PROPERTY SHOOTING, LIKE A REAL ESTATE OR SOMETHING.

OKAY, SO IF IT'S REAL ESTATE AND IT'S CITY OWNED REAL ESTATE, IT WAS PURCHASED WITH TAXPAYER DOLLARS.

I DON'T KNOW HOW THAT COULD POSSIBLY BE CLASSIFIED IN ANY WAY WHATSOEVER.

SO, WELL, IF IT WASN'T QUALIFY FOR EASE, I RESPECT THE DISCUSSION HERE.

I REALLY DO.

BUT, BUT I I I DON'T WANNA BELABOR THE POINT.

I'VE GOT TWO, TWO OTHER POINTS I WANNA MAKE.

SO I DON'T, I DON'T MEAN TO BELABOR THE POINT.

ALRIGHT, LET'S GET THEM BECAUSE WE HAVE SOME OTHER ITEMS WE NEED.

UH, JUST A FEW MORE SLIDES.

CAN'T RECEIVE A ATED GANG CAN'T MISREPRESENT FACTS IN FRONT OF ANY FORMAL BODY.

CITY OFFICIALS SHALL NOT MAKE USE OF STAFF VEHICLES OR EQUIPMENT OR MATERIALS FOR YOUR PERSONAL WEAPONS.

YOUR CIVIL IN NATURE, UM, ESPECIALLY THE ONES THAT ARE JUST THE, OUR LOCAL STANDARDS.

YOU CAN RECEIVE ANYWHERE FROM A LETTER OF NOTIFICATION TO A LETTER OF ADMONITION TO REMOVAL OR SUSPENSION FROM OFFICE.

AND OUR OWN, UM, ETHICAL ORDINANCE REQUIRES THAT WE DO TRAINING ON IT WITHIN 30 DAYS UPON THE DUTIES OF ASSUMING YOUR POSITION AND THE CITY'S ATTORNEY AND CONSULTATION WITH THE ETHICS COMMISSIONS IS TO DEVELOP AN EDUCATIONAL MATERIAL.

THAT'S WHERE, IF Y'ALL REMEMBER WE DID A BUNCH OF ETHICS TRAINING RECENTLY, BUT WE PUT IT ONLINE ANYWAY.

IF Y'ALL HAVE ANY QUESTIONS, PLEASE.

I HAVE A QUESTION, TREVOR.

SO A COUPLE THINGS.

ONE, YOU ACTUALLY MENTIONED ONE OF MY POINTS THAT I WAS GONNA MAKE ABOUT HOW WHEN IT'S A TOPIC OF SPECIAL COMMUNITY INTEREST, WE CAN BE MORE DISRUPTIVE IN OUR AGENDA ITEMS. AND ACTUALLY I DID A LITTLE RESEARCH ON THAT TOPIC AND I BELIEVE THAT WOULD BE A VERY GOOD PRACTICE WITH MEDS AS SOON AS POSSIBLE.

AND YOU KNOW, INSTEAD OF BEING VAGUE ABOUT LEGAL MATTERS OR PERSONNEL, IT'S A PARTICULAR COMMUNITY INTEREST, EVEN IF IT'S AN ECONOMIC DEVELOPMENT PROJECT PER SE.

YOU KNOW, WE'VE CALLED OUT THE MALL PROJECT SEVERAL TIMES WHEN WE DISCUSSED IN EXECUTIVE SESSION.

SO IF WE WOULD MAKE THAT A BEST PRACTICE, I THINK THAT WOULD PROVIDE QUITE A BIT MORE TRANSPARENCY AS WELL.

IT WOULD POSSIBLY HELP US STAY OUT OF ANY HOT WATER IN THAT REGARD.

AND I WOULD ALSO SUGGEST THAT, YOU KNOW, THE CERTIFIED AGENDA IS ONE REQUIREMENT AND, AND I BELIEVE OUR CERTIFIED AGENDA, ESSENTIALLY IT SAYS THE TIME THAT THE EXECUTIVE

[00:20:01]

I BELIEVE THAT'S THE CRUX OF THE CERTIFIED AGENDA.

SO WHAT WE COULD DO AND, AND WHAT I WOULD RECOMMEND THAT WE WOULD DISCUSS IS AUDIO RECORDINGS OF THE EXECUTIVE SESSIONS.

AND THEN WE WOULD HAVE A, A GOOD FACTUAL AUDIO RECORDING OF, OF WHAT TRANSPIRED IN EXECUTIVE SESSIONS.

AND I BELIEVE THAT THEY'RE ONLY OBTAINABLE BY COURT ORDER.

SO, YOU KNOW, WE SHOULDN'T BE AFRAID TO SAY ANYTHING ON AUDIO.

THEY WOULD ONLY BE ACCESSIBLE UNDER COURT ORDER.

SO I WOULD REALLY LIKE THIS COUNSEL AND THE SPIRIT OF TRANSPARENT GOVERNMENT TO CONSIDER AUDIO RECORDING EXECUTIVE SESSIONS.

I THINK THAT WOULD BE A GOOD PRACTICE.

AND YOU KNOW, I, I BELIEVE I DON'T, THE CITY ATTORNEY COULD CORRECT ME, BUT YOU KNOW, THAT WOULD BE UNDER THE LOCK AND KEY OF THE CITY CLERK'S OFFICE AND I DON'T BELIEVE ANYONE, CITY ATTORNEY, CITY MANAGER, ANYONE OR EVEN CITY CLERK WOULD HAVE THE RIGHT TO LISTEN TO SUCH AUDIO RECORD AND THAT THAT MIGHT BE A A THAT MIGHT BE ANOTHER BEST PRACTICE THAT WE CAN CONSIDER.

WE COULD THAT IN MY PREVIOUS C MEETING.

YEAH.

SO THAT MIGHT BE SOMETHING WE COULD CONSIDER ALSO.

IT IS, IT'S UH, SOME CITIES DO RECORD THEM AND THEY ARE PROTECTED BY STATE LAW RECORD ITSELF IS, I MOVE ON.

THAT'S ALL I HAVE.

THANK YOU TREVOR.

ANY ADDITIONAL COMMENTS I GUESS ON THIS ITEM? SO IF THE RECORDINGS ARE GONNA BE CONFIDENTIAL, WHY WOULDN'T EVERYTHING THAT'S SAID IN HERE BE CONFIDENTIAL? 'CAUSE THE RECORDING IS, EVERYTHING THAT'S SAID IN HERE IS UNDER LOCK AND KEY IS CONFIDENTIAL.

WHY WOULD ALL OF IT RECORDING AND IT'S CONFIDENTIAL IF THE REST OF IT'S NOT MADE CONFIDENTIAL AND THEN WE HOLD PEOPLE ACCOUNTABLE FOR SPEAKING ON WHAT WAS SAID IN EXECUTIVE SESSION.

I MEAN, THAT QUESTION'S BEEN ANSWERED BY THE SUPREME COURT COUNCILMAN.

THE LAW, THE THE STATUTE DOES SAY THE RECORDING, IT DOESN'T SAY ANYTHING SAID.

AND THERE'S CERTAIN THINGS THAT HAVE TO BE RELEASED BY STATE LAW.

IF YOU, IF THERE'S EVIDENCE OF CRIME THAT COMES UP IN EXECUTIVE SESSION, WE STILL HAVE A DUTY TO REPORT THAT.

SO, UM, THAT'S PROBABLY WHY THEY'VE NEVER MADE A SWEEPING LAW THAT SAYS ANYTHING THAT'S SET IN THE EXECUTIVE SESSION THAT HAS TO STAY IN THE EXECUTIVE SESSION.

YOU KNOW, GENERAL COUNSEL SIX YEARS GOING ON SEVEN AND WE WERE TRAINED WITH THIS.

WE WERE TOLD, LIKE YOU SAID, IT SAYS HERE IS OFF LIMITS.

YOU DON'T GO BACK REPEATING IT.

AND MULTIPLE COUNCIL MEMBERS, MAYORS HAVE REMINDED ME OF THIS RIGHT NOW.

I FEEL AS IF I WASN'T GIVEN ACCURATE INFORMATION WHEN IT COMES TO THAT.

I'M JUST GONNA BE HONEST ABOUT IT BECAUSE I HAD AN EXECUTIVE SESSION AT A CERTAIN STANDARD AND THOSE OF US WHO CAME TO EXECUTIVE SESSION, I HELD US ALL AT A HIGHER STANDARD.

AND I'M FINDING OUT RIGHT NOW THAT THERE, THERE WAS NO STANDARD TO BEGIN WITH.

THAT'S WHAT IT SOUNDS LIKE TO ME.

MAYOR, I, I'D HAVE TO ADD THAT I, I DON'T FEEL THAT WAY.

I DON'T, UM, FEEL THAT SOMETHING WAS EXTRACTED BECAUSE AS TREVOR MENTIONED, IT'S JUST KIND OF LIKE A RULE OF THUMB BECAUSE THERE ARE GRAY LINES IN TERMS OF WHAT CAN AND CAN'T BE DISCUSSED OUTSIDE.

I ALSO DON'T FEEL THAT WE'RE TRYING TO KEEP SOMETHING FROM THE PUBLIC.

I DON'T FEEL THAT WAY AT ALL.

I MEAN, THERE'S TIMES, ESPECIALLY WHEN WE'RE TRYING TO BUY PROPERTY AND WE DO WANNA KEEP IT UNDER WRAPS BECAUSE GUESS WHAT? PRICES WILL GO UP.

YOU KNOW, WE'RE TRYING TO, YOU KNOW, DEAL WITH CERTAIN INDIVIDUALS.

ANY PERSON BUYING PROPERTY MAY WANNA KEEP THEIR, THEIR BUSINESSES, YOU KNOW, ON THE DOWN LOW IN TO AVOID ANY INCREASE IN PRICES.

AND SO I I JUST DON'T FEEL THAT, I MEAN, WE'RE HERE, WE WERE ELECTED, WE'RE REPRESENTING, AND I FEEL THAT EVERYONE HERE AND EVEN OUR PREVIOUS COUNCIL, UM, REALLY RESPECTED, UM, THE INFORMATION THAT WAS SHARED IN GOOD FAITH AND IT WASN'T JUST SO WE COULD KEEP SOMETHING FROM THE PUBLIC OR BECAUSE WE DON'T WANT THE BIG TOWN SUN TO KNOW WHAT WE'RE TALKING ABOUT.

AND, AND I DON'T FEEL THAT WE'VE BEEN DOING THAT.

UM, AND SO I DON'T KNOW WHAT THE BIG DEAL IS.

SORRY, MATT.

YEAH, I'M NOT TRYING TO CALL YOU OUT, BUT I'M LOOKING AT YOU.

BUT, UM, I, I GUESS THAT'S JUST MY FEELING, UM, THAT OKAY, WE'VE GOTTEN NEW INFORMATION, WE'VE GOTTEN SOMEWHAT OF A CLARITY AND THEN THAT JUST MEANS, OKAY, WE'LL HAVE TO LEARN EXACTLY WHAT NEEDS TO BE DONE.

I'LL TRY PART, PUT THAT TOGETHER FOR PART OF THE ISSUE.

AND, AND CHRIS IS RIGHT, THERE'S SOME ISSUES THAT WE COULD TALK ABOUT TREVOR'S CORRECT AND THERE'S SOME ISSUES THAT WE SHOULDN'T TALK ABOUT.

HERE'S THE TWIST.

[00:25:01]

LIABILITY IS ON YOU, NOT ANYBODY ELSE.

SO TO TAKE A HIGHER STANDARD RULE THAT MY SIDE, THAT I'M NOT GONNA TALK ABOUT ANYTHING THAT JUST PROTECTS ME.

NOW, AGAIN, IF IT'S SOMETHING THAT AS CHRIS POINTED OUT, THAT I CLEARLY KNOW IS NOT CONFIDENTIAL AND IS OF A PUBLIC INTEREST THAT I COULD TALK ABOUT, THERE'S NO HARM, NO FOUL.

BUT THAT IN ANCY THERE ARE A LOT OF LAWS OUT THERE THAT TOUCH A LOT OF DIFFERENT GRAY AREAS.

AND IF YOU MAKE THE MISTAKE, IT'S ON YOU.

IT'S A PRETTY TOUGH MISTAKE.

SO IT IS, IT'S CORRECT EVERYTHING, IT'S ON ME, I'M WILLING SUFFER THE CONSEQUENCES BECAUSE I'M GONNA SIDE WITH TRANSPARENT GOVERNMENT INFORMATION TO THE CITIZENS AND OPEN GOVERNMENT.

SO I'M WILLING TO TAKE THAT RISK.

I'M WILLING TO TAKE THAT RISK.

BOTTOM LINE, WHAT I'M, I'M MAKING MY COMMENTS OFF OF THE BASIS THAT I WISH I WOULD'VE KNOWN THIS.

WE DID NOT KNOW THIS.

WE WERE JUST GIVEN THE RULE OF THUMB, DON'T TALK ABOUT ANYTHING.

AND IT WAS A RULE OF THUMB, BUT IT WASN'T NECESSARILY THE RIGHT RULE.

COMPLETELY ACCURATE.

YES, I WOULD AGREE WITH THAT BECAUSE I'VE ALWAYS HEARD THAT IN, IN MY 30 PLUS YEARS OF WORKING IN MUNICIPALITY IS RULE OF THUMB IS NOBODY TALKS ABOUT EXECUTIVE SUCCESSION, EVEN THOUGH WE KNEW SOME THINGS WERE ALLOWABLE.

YEAH.

BUT I, I THINK THE OVERALL RULE OF THUMB THAT I'VE ALWAYS LIVED BY IS, YOU KNOW, BECAUSE EVERYTHING IS SO SPECIFIC, THIS COULD BE OKAY, BUT THE NEXT SUBJECT WOULDN'T.

SO AGAIN, I AGREE IT WASN'T AN ACCURATE RULE OF THUMB.

MM-HMM .

I THINK THE EXPLANATION IS, IS THAT STUFF, IT'S, IT'S OCCURRENCE SPECIFIC AND YOU HAVE TO JUST BE VERY CAUTIOUS.

SO THAT PUTS IT UNLESS IS ON US AS INDIVIDUALS.

SO I WOULD LIKE TO KNOW GOING INTO EXECUTIVE SESSION IF IT CAN BE DISCUSSED, WHATEVER AGENDA ITEMS, SIR.

WHATEVER THE AGENDA ITEM, FORGET THE RULE OF THUMB.

WE NEED TO KNOW.

IT SHOULDN'T BE A GRAY AREA COUNSEL.

IT SHOULD BE BLACK AND WHITE.

THAT WAY IF SOMEBODY ASKS US A QUESTION, HEY MAN, I CAN'T DISCUSS THIS.

IF WE SEE SOMETHING IN THE PAPER AND WE ASSUME THAT BECAUSE WE WERE TOLD A RULE OF THUMB, WE DON'T DISCUSS WHAT'S HAPPENED IN EXECUTIVE SESSION, WE'RE NOT LOOKING AT EACH OTHER CRAZY ABOUT IT.

WELL, HE ANSWERED THAT.

I THINK HE, HE WAS CORRECT AND AT LEAST THE RESEARCH THAT I'VE DONE AND ACCORDING TO TML, THE THING THAT WE CAN'T IS IT, IT INVOLVES ATTORNEY-CLIENT PRIVILEGE IN ANY, I GUESS, LITIGATION.

SO THAT WOULD BE SOMETHING THAT ABSOLUTELY THIS ATTORNEY SUPREME COURT IS RULE, RIGHT? YOUR ATTORNEY GENERAL OPINIONS AND THAT IS THE LAW THAT, THAT WE ARE NOT TO TALK ABOUT THOSE ITEMS. BUT LIKE I SAY, IN MY OPINION, THE LAW IS CLEAR AND THAT'S JUST WHERE I'M GONNA HANG MY HAT IS ON THE LAW, NOT ANY RULES OF THUMB.

YOU KNOW, THERE'S GUYS, I'VE BEEN ON COUNCIL NINE YEARS AND YOU KNOW, I'M JUST GONNA HANG MY HAT ON THE WALL AND I DO RESPECT THE CONVERSATION.

I THINK IT'S HEALTHY.

AND FOR THE RECORD, I THINK WE HAVE TOO MANY EXECUTIVE SESSIONS.

I I REALLY DO.

THE AMOUNT OF EXECUTIVE SESSIONS THAT WE HAVE, AND I UNDERSTAND THE MALL DEALS COMPLICATED AND OTHER, OTHER PROJECTS SO TO SPEAK.

BUT WE HAVE, WE HAVE MORE EXECUTIVE SESSIONS WITH EACH PASSING DAY IN MY OPINION THAN, THAN WE HAVE IN A LONG TIME.

SO, YOU KNOW, I JUST, I WOULD PREFER TO DISCUSS ANYTHING AND EVERYTHING THAT WE POSSIBLY CAN IN OPEN SESSION.

AND ON THAT I WILL SAY THAT I, I WOULD AGREE WITH SOME OF WHAT YOU SAID ON THAT.

UM, ONLY CAN, I MEAN WE ONLY CAN DISCUSS CERTAIN ITEMS IN EXEC FOR EXECUTIVE SESSION.

THERE'S ONLY FOUR QUALIFIERS OR FIVE WE DON'T QUALIFY.

WE, WE DON'T, YEAH, I MEAN WE KNOW, WE KNOW OUR LEGAL DEPARTMENT, THEY DON'T QUALIFY.

THEY DON'T QUALIFY, PERIOD.

SO WE'VE ACTUALLY PROBABLY ERRED ON THE SIDE OF NO, I AGREE.

I AGREE.

OKAY.

I THINK LET'S, LET'S MOVE ON.

I THINK EVERYBODY HAS MADE THEIR POINTS, I'M ASSUMING, UNLESS THERE'S ANYTHING ELSE TO SAY ON IT.

I DON'T THINK SO.

PRACTICE, PRACTICE, WHAT YOU FEEL IS, IS IS ETHICAL AND PERSPECTIVE.

YOU KNOW, I DO BELIEVE IN OPEN GOVERNMENT.

I THINK WE ALL DO, OBVIOUSLY.

UM, YOU KNOW, AND I THINK MIKE, AND WHEN I LOOKED AT THE TML WEBSITE ON THIS SUBJECT MATTER, THERE'S SLIPPERY LANGUAGE.

IT SAYS, YOU KNOW, COULD YOU SAY SOMETHING? MAYBE NOT.

COULD YOU SAY SOMETHING? MAYBE BY THE LAW YOU CAN'T.

SO THAT'S WHERE WE HAVE TO USE OUR INDIVIDUAL JUDGMENT.

FAIR ENOUGH.

ALSO, FINAL COMMENT.

SO I THINK TREVOR ALSO MADE THE POINT ABOUT WHEN CONTRACTS ARE POSTED AND THINGS BECOME PUBLIC KNOWLEDGE AND THAT'S VERY IMPORTANT ALSO.

SO THAT SHOULD JUST BE CONSIDERED SOMETHING BECOMES PUBLIC KNOWLEDGE AT THAT POINT IN TIME.

THERE NO MORE PROTECTION IN SENSE CONFIDENTIALITY.

[00:30:01]

SO THAT'S MY CONCLUDING COMMENT.

I DO APPRECIATE THE CONVERSATION.

I DON'T KNOW WHO PUT IT ON THE AGENDA, BUT WHOEVER IDEA IT WAS IS A GOOD IDEA.

WE MOVE ON.

SO WHAT

[b. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for April 28, 2022, which is attached below.]

IS THAT CORRECT? I AM PREPARED TO GIVE AWAY YOU PREPARED? I THINK SO IN A MATTER, YES.

WE'RE HERE AND WE CAN DO THIS NOW WITH SOME TIME.

20 MINUTES.

WE CAN GET IT DONE BEFORE THAT.

THAT'S, YEAH, I HAVE LESS THAN FIVE MINUTES TO YOUR STATEMENT.

ALRIGHT, WELL I APPRECIATE IT.

GOOD, GOOD EVENING, MAYOR AND COUNCIL.

UH, MICHAEL JOHNSON HERE ON BEHALF OF DEVELOPMENT COMPANY.

I'VE BEEN HERE, YOU KNOW, A COUPLE TIMES BEFORE, BUT, UH, I WANT TO THANK YOU FOR YOUR CONSIDERATION TONIGHT OF OUR REQUEST FOR ANNEXATION OF 378 ACRES INTO HARRIS COUNTY MUD TWO 13 A BEFORE THE VOTE.

I JUST WANTED TO REVISIT A CLIP FROM MY PRESENTATION OVER FOUR YEARS AGO.

UM, AT THAT TIME WE HAD AGREED, UM, YOU KNOW, TO ESTABLISH A PUBLIC PRIVATE RELATIONSHIP THROUGH THE CREATION OF AN ETJ MODE THAT AFFORDED US THE OPPORTUNITY TO PROVIDE ECONOMIC DEVELOPMENT OPPORTUNITIES, TRANSPORTATION IMPROVEMENTS, REGIONAL UTILITY AND REGIONAL DRAINAGE IMPROVEMENTS, AND THE CHANCE TO FULFILL THE VISION THAT THE CITY HAD OUTLINED IN ITS 2025 COMPREHENSIVE PLAN.

OKAY.

WORKING TOGETHER, WE SET OUT TO CREATE AN IDENTIFIABLE COMMUNITY WITH THE, YOU KNOW, QUALITY HOUSING OPTIONS FOR THOUSANDS OF COMMUTERS THAT WERE THEN WORKING IN BAYTOWN, BUT NOT LIVING IN BAYTOWN.

FAST FORWARD TO TODAY, THERE'S, THERE'S ACTUAL PHOTOS ON PAGES THREE AND FOUR OF THE THAT I PROVIDED FROM THE FIRST TWO OF FOUR PLANNED NEIGHBORHOODS IN EXISTING BAYTOWN CROSSINGS.

THEY'RE PROOF THAT OUR COLLECTIVE VISION FROM FOUR YEARS AGO HAS COME TO LIFE AND, AND IT'S DONE SO IN A BIG WAY TODAY.

BAYTOWN CROSSINGS IS THE NUMBER ONE SELLING COMMUNITY IN ALL OF EAST HOUSTON.

COUNCIL'S VOTE IN SUPPORT OF CONSENT TONIGHT WOULD REFLECT A CONTINUED COMMITMENT TO LARGE SCALE COHESIVE PLANNING AND DEVELOPMENT THAT WOULD TRANSFORM, UH, WANTS 900 ACRES OF UNDERUTILIZED SOD FORMS INTO A COMMUNITY FOR 2,700 NEW FAMILIES, WARRANTING THE INVESTMENT OF $175 MILLION OF PRIVATE INVESTMENT IN LAND AND LAND DEVELOPMENT.

UM, YOU KNOW, THAT WOULD CREATE OVER 12 MILES OF CONCRETE HIKE AND BIKE TRAILS.

OVER 150 ACRES OF LAKES, TWO REC CENTERS WITH POOLS, NINE PLAYGROUNDS OVER A HUNDRED SQUARE FEET OF RECREATION SPACE PER HOME STATE-OF-THE-ART ONSITE, PUMP FREE ELEMENTARY WITH THE POSSIBILITY OF A SECOND ONSITE ELEMENTARY IN OUR EXPANSION TRACT.

A COHESIVE PRESENCE ALONG MAJOR THOROUGHFARES WITH CONSISTENT MASONRY FENCE SOFTSCAPE IMPROVEMENTS AND TRAIL IMPROVEMENTS ON OVER 26,000 LINEAR FEET OF STREET FRONTAGE, OVER TWO MILES OF NEW COLLECTOR STREETS PRIVATELY FINANCED ONE MILE OF MAJOR THIRD OR BOULEVARD IMPROVEMENTS ON GARTH ROAD AND NORTH MAIN, AND A VARIETY OF QUALITY HOME OFFERINGS WITH MINIMUM THREE SIZE MASONRY ON THE FIRST FLOOR AND EXPANDED LANDSCAPE REQUIREMENTS.

BY THIS SUMMER, WE WILL HAVE FOUR ACTIVE PROGRAMS IN BAYTOWN CROSSINGS RANGING FROM $220,000 TO 450,000 BUCKS LEADING UP TO TONIGHT.

YOU KNOW, WE, WE'VE MET MULTIPLE TIMES WITH STAFF AND MULTIPLE INDIVIDUAL MEETINGS TO LISTEN TO CONCERNS AND PROPOSE SOLUTIONS TO THOSE CONCERNS AT THE FEBRUARY WORKSHOP.

THOSE SOLUTIONS THAT WE DISCUSSED AT THAT TIME HAVE BEEN EMBEDDED IN THE PROPOSED AMENDMENTS TO OUR AGREEMENTS PERTAINING TO HARRIS COUNTY MED TWO 13 AND AT THE WORKSHOP AND IN FOLLOW UP CONVERSATIONS WITH INDIVIDUALS.

SINCE THEN, A FEW MORE CONCERNS WERE RAISED THAT I REALLY WANT TO BRIEFLY CLOSE THE LOOP ON TONIGHT WE HEARD THE, YOU KNOW, CONCERN ABOUT PROXIMITY TO HOMES, TO INDUSTRIAL USES ON HADDEN ROAD IN OUR EXPANSION TRACK.

SINCE THEN, WE'VE ADJUSTED OUR INITIAL LAND PLAN TO EXPAND OUR DETENTION FOOTPRINT ON THE EAST SIDE OF OUR PROJECT TO MOVE THOSE HOMES FURTHER WEST.

UH, WE HEARD CONCERNS ABOUT FROM THE CITY ABOUT MUDS NEVER GOING AWAY.

WE EMBEDDED IN OUR SPA WITH THE CITY AUTHORITY FOR THE CITY AT ITS SOLE DISCRETION TO FULL PURPOSE ANNEX AT THE EXPIRATION OF THE INITIAL TERM.

I'M HERE TONIGHT TO ALSO OFFER THAT WE WILL AGREE NOT TO SELL NEW BONDS WITHOUT CITY CONSENT AFTER DECEMBER 31ST, 2035.

UH, AND FINALLY WE'VE HEARD THAT WE WANT YOUR MONT BELLEVUE PRODUCT, RIGHT? I'M HERE TO SAY THAT LENAR, OUR, OUR MAIN BUILDING PARTNER IN BAY BAYTOWN CROSSINGS ONLY OFFERS TWO PRODUCT LINES IN MONT BELLVIEW.

AND THOSE ARE THE EXACT SAME TWO PRODUCT LINES THAT WE OFFER IN ASHEVILLE COVE AT BAYTOWN CROSSINGS.

WITH ONE CAVEAT, WE REQUIRE THEM TO ADD A THIRD CAR GARAGE IN BAYTOWN THAT WE DON'T REQUIRE IN MONT BELLEVUE.

RIGHT.

COUNCIL SHOULD BE PROUD THAT BAYTOWN IS OUTSELLING MONT BELLEVUE, TWO AND

[00:35:01]

UM, SO I I, I CLOSE TONIGHT, YOU KNOW, HOPING THAT I'VE ADDRESSED EVERY CONCERN THAT HAS BEEN BROUGHT TO THE TABLE.

UM, BUT WITH A REQUEST FOR YOUR SUPPORT TO GROW THAT VISION THAT WE SET OUT FOUR YEARS AGO TO DO, UM, TO DELIVER THAT IDENTIFIABLE COMMUNITY WITH QUALITY HOUSING OPTIONS THAT PROVIDES FAMILIES THE OPPORTUNITY TO NOT ONLY WORK IN BAYTOWN, BUT LIVE IN BAYTOWN AND PLAY IN BAYTOWN.

UM, SO I I, I DO APPRECIATE YOUR TIME AND I DO APPRECIATE YOUR CONSIDERATION.

I KNOW WE'RE HERE, UM, WITHOUT STAFF'S RECOMMENDATION, UM, BUT YOU KNOW, WE'D LEAVE IT AT THAT AND, AND APPRECIATE YOUR SUPPORT WITH THE PROJECT WE HAVE GOING OPEN TO QUESTIONS REGARDING ANY, ANY OF THE THINGS THAT HE'S EXPRESSED, UH, THE LAST FEW MINUTES.

YES, SIR.

WHAT'S THE PRICE POINT OF THE HOMES IN, IN, UH, UP THE ROAD IN MONTE BE? YEAH, IT IS ACTUALLY A, A AN EXCELLENT EXAMPLE OF THE DIFFERENCE BETWEEN AN ETJ MUD AND A PIG THAT THE SAME PRODUCT LINES IN MONT BELLEVUE ARE SELLING FOR 80 TO A HUNDRED THOUSAND DOLLARS MORE.

WE CAN OFFER THAT SAME QUALITY OF PRODUCT THROUGH THE VEHICLE THAT WE'VE AGREED TO HERE FOR LESSER PRICE, A MORE AFFORDABLE PRICE TO THE COMMUNITY.

SAME BUILDING MATERIALS? YES.

EXACT SAME QUALITY, LIKE I SAID, ON, ON THE 60 FOOT HOME SITES IN BAYTOWN.

WE, WE JUST REQUIRE THE THIRD CAR GARAGE.

SO IT'S, IT'S AN ADDITIONAL COST ON THAT ONE PRODUCT FACTOR.

AND WHAT ARE THE SIZE OF THE HOME SITES IN, IN MONT BELLEVUE? YEAH, , UH, THEY, THEY ALL, THEY ALL VARY, BUT THEY HAVE A MINIMUM OF 80 FEET WIDE IS THEIR MIDDLE, THAT IS THEIR MINIMUM 80 FEET WIDE.

THE COUNTY HAS A 50 FOOT MINIMUM, BUT IF YOU CAN INCREASE IT, I DON'T THAT'S CORRECT.

THEIR BASE MINIMUM IS 80 PY.

AND WHAT IS THE LENGTH OF THIS MUD? WHAT IS THE LIFESPAN OF OUR MUD? YES.

HERE.

YES.

THE INITIAL TURN ON THE SPA WAS 30 YEARS FROM JANUARY, 2019.

SO 2049 IS WHEN THE INITIAL TERM EXPIRES AND DON NEW BONDS UP TO 2035.

I WOULD PROPOSE, YEAH, WE WOULD PROPOSE TODAY, YOU KNOW, TO ADDRESS THE CONCERN OF MUDS NOT GOING AWAY.

THAT WE COULD NOT SELL NEW BONDS WITHOUT CITY'S CONSENT AFTER THAT DECEMBER 31ST, 2035.

IF I MAY, ON THE, ON THE, THE BOND SIZE, THE WIDTH ITSELF, UM, I PROPOSE THIS BACK, WE CAN AND WHAT IS YOUR, I KNOW YOU HAVE A MIX, BUT WE HAVE A MIX.

HAVE YOU LOOKED AT, AT LARGER LOTS, LIKE AT LEAST TO PAYING THEM? THE REASON WHY NUMBER PEOPLE, THEY, THEY JUST BOUGHT A HOUSE IN CREEK LANDING MM-HMM .

AND THEN AFTER TWO YEARS THEY, LIKE, THEY WENT OVER FACE AND SO, UM, I'M NOT EVEN SURE WHERE THEY'RE BUYING.

THEY MAY NOT EVEN BE BUYING IN BAYTOWN OR MOUNT BELLEVUE.

RIGHT.

BUT THE POINT IS, IS HAVE YOU LOOKED AT A MIX OF SOMETHING LARGER LIFE AT LEAST TO OFFER TO SEE WHAT THE MARKET IS TO BEST THE MARKET.

NOW WE CERTAIN, WE CERTAINLY ARE OFFERING THAT THERE IN BON BELLEVUE AND WE CERTAINLY HAVE THE COMPETITIVE DATA THAT TELLS YOU THAT THERE ARE, YOU KNOW, MORE PEOPLE INTERESTED IN WHAT WE ARE OFFERING HERE AT BAYTOWN CROSSING.

I MEAN THERE, THERE'S NO DENYING THE SALES NUMBERS, BUT YOU KNOW, FROM A, FROM A VARIETY, AT THE END OF THE DAY, IT'S THAT VARIETY OF PRODUCT OFFERING THAT WE NEED TO OFFER THAT.

I HEAR PEOPLE THAT, THAT, YOU KNOW, PURCHASING IN FENCE AND TRADITIONAL SIZE LOTS AND OTHER DEVELOPMENT AND SOME THEY WANT A LITTLE BIT MORE SPACE, MAYBE NOT AN ACRE, BUT YOU KNOW, IF IT'S A THIRD OR IT'S HALF, I'M JUST ASKING YOU, CAN YOU CONSIDER THE, THE POSSIBLE MARKETING OF SOME OF THOSE? IS IT SOMETHING I THINK THAT, I THINK THAT IS SOMETHING THAT WE WOULD CONSIDER YES.

THAT IF THAT, IF THAT'S, IF THAT IS, YEAH.

THE, THE ONE THING THAT, THAT WE HAVEN'T TALKED ABOUT THE SPECIFIC LOT SIZE OR MIX, THAT THERE WOULD BE A, A CERTAIN PERCENTAGE OF HOME SITES, YOU KNOW, THAT WE ADD A LAYER ON TOP OF THE 60.

IS THIS AN I I'M ASKING YOU IS TO CONSIDER AN OFFER? MM-HMM .

YES, SIR.

OKAY.

ARE PEOPLE PREFERRING THE LOTS HERE BECAUSE THEY'RE 80,000 TO A HUNDRED THOUSAND DOLLARS LESS? ABSOLUTELY.

THAT'S, THAT'S A PART OF IT.

ABSOLUTELY.

THAT IS A PART OF IT.

AFFORDABLE HOME, HOME BY OPPORTUNITY.

THERE ARE MORE PEOPLE THAT CAN AFFORD TO BUY FOR $80,000 LESS THAN THAT CAN BUY FOR, YOU KNOW, 80,000 MORE.

THAT THAT'S, SOME OF THAT'S GONNA GO BACK TO THAT MAYBE LOT.

THAT'S, I MEAN, THAT'S WHERE SOME OF THAT PROCESS COME WELL GET YEAH, THAT I GET IT.

BUT THEN IT COMES BACK TO DOES BAYTOWN NOT DESERVE TO HAVE THE HIGHER PRICE POINTS? AND THAT'S WHAT I'M ASKING IS CONSIDER IT AN OFFER KIND OF IT'S, IT'S 65 FOOT WIDE.

I DON'T KNOW.

I'M NOT, I'M NOT GONNA DETERMINE THAT.

I'M ASKING YOU TO CONSIDER, SO WHEN YOU ALL CONSIDERING IT, WOULD YOU COME BACK AND SAY, HEY, I'M GONNA CHANGE SOME THINGS UP AND WE'RE GONNA DO SOME 65, 70, 75 .

THEY DON'T HAVE TO COME BACK FOR IT THOUGH.

OKAY.

BUT

[00:40:01]

I UNDERSTAND.

I UNDERSTAND.

ABSOLUTELY.

YES.

WE WOULD LIKE TO, YOU KNOW, IF IT'S, IF IT IS 5% OF THE FUTURE HOME SITES, YOU KNOW, IN THIS EXPANSION TRACK TO SOME PERCENTAGE OF THAT OR SOME SPECIFIC LOCATION, WE, WE GO THE OTHER WAY AND WE LIMIT THE, YOU KNOW, WHERE WE WOULD BE ABLE TO BUILD THE SMALLER OF THE, OF THE PRODUCTS.

WE, YOU KNOW, WE'RE OPEN TO THAT.

JUST FOR YOUR, FOR YOUR SUPPORT.

YES MA'AM.

ULTIMATELY, WHAT IS, AND, AND JUST HELP ME UNDERSTAND AND REFRESH MY MEMORY, WHAT IS KEEPING YOU FROM DOING A PIT? WHY STILL GO TO A MUD? YEAH.

WHAT ARE YOU OFFERING DIFFERENT? OKAY.

I WOULD, I WOULD DUMB IT DOWN THROUGH A ETJ MUD VEHICLE, WE'RE ABLE TO FINANCE ALMOST $40,000 PER HOME OF INFRASTRUCTURE AND AN IN CITY PI FOR THE SAME COMPETITIVE EFFECT, EFFECTIVE TAX RATE.

WE CAN ONLY FINANCE $21,000 PER WHOLESALE.

SO THERE WE CAN OFFER AND INVEST MORE MONEY AT, AT THE END OF THE DAY, OFFER A MORE AFFORDABLE HOME PRODUCT.

YOU KNOW, SAME QUALITY FOR A MORE AFFORDABLE PRICE THROUGH THAT ETJ MUD STRUCTURE.

I MEAN THAT, THAT'S WHY THE ETJ MUD STRUCTURE IS THE MOST PROMINENT STRUCTURE THAT YOU SEE ACROSS THE ENTIRE GREATER HOUSTON LANDSCAPE.

TELL US SOME ABOUT SOME OF THOSE AMENITIES.

WHEN YOU SAY WE CAN DO MORE, TELL US EXACTLY WHAT THAT BO IS THAT'S WIDER SIDEWALKS OR WHAT IS IT? YEAH, THAT'S WHAT I, THAT'S WHAT I TRIED TO CAPTURE ABOUT LAST TIME, BUT THAT'S WHAT I TRIED TO CAPTURE WITH THE, YOU KNOW, THE LIST OF, WHAT IS THAT $175 MILLION OF PRIVATE THAT IN OUR 900 ACRE THERE WILL BE OVER 12 MILES OF HIKING BIKE TRAILS.

THAT DOESN'T INCLUDE THE STANDARD BUILDER SIDEWALK THAT YOU WOULD SEE IN, IN, IN EVERY COMMUNITY THAT IS JUST DEVELOPER SIDEWALK THROUGH COMMON AREAS.

OKAY.

THERE'S 12 MILES OF THAT.

THERE'S 152 ACRES OF LAKES.

EVERYONE IS REQUIRED TO HAVE LAKES, BUT THEY'RE NOT REQUIRED TO, UH, IMPROVE, YOU KNOW, THOSE LAKES LANDSCAPE, THOSE LEGS.

RIGHT.

SO IT'S, IT'S THE SOFTSCAPE AROUND THOSE, THERE'S TWO REC CENTERS AND POOLS PLANNED AND WE, WE PLAN TO START CONSTRUCTION ON THE FIRST OF THOSE IN OUR STERLING POINT THAT YOU CAN SEE UNDER CONSTRUCTION ON, ON GARTH ROAD.

NOW AT THE END OF THIS YEAR, THE SECOND WOULD BE A PART OF THAT EXPANSION TRACT THAT WE'RE, THAT WE'RE HERE TO TALK ABOUT TONIGHT.

UM, YOU KNOW, I SAID THERE'S 26,000 FEET OF STREET FUNDAGE.

YOU KNOW THAT WHEN YOU DRIVE THE NEWLY IMPROVED BOULEVARD THAT WE BUILT ON GARTH ROAD, YOU KNOW THAT THAT 3,500 FEET OF PRIVATE INVESTMENT DOLLARS IMPROVEMENT, YOU CAN NOTICEABLY SEE THE DIFFERENCE BETWEEN THE WOOD FENCE AND GOOSE CREEK LANDING WITH THE COLUMNS EVERY 150 FEET TO OUR CONCRETE MASONRY FENCE WITH THE HEADROW WITH THE STREET TREES.

I THINK IT'S, IT'S THAT IT GOES BACK TO THAT IDENTIFIABLE COMMUNITY SENSE THAT WE CAN OFFER THAT WE ARE OFFERING WITH, WITH OUR CURRENT STRUCTURE.

SO IT'S A COMBINATION OF ALL THESE THINGS, RIGHT.

THAT, THAT, THAT I CAN'T POINT TO ONE EXACT, YOU KNOW, IT'S, IT'S THE ENTIRE PLATTER THAT WE'RE OFFERING THAT THAT IS NOTICEABLE WHEN YOU DO DRIVE THESE.

RIGHT.

UM, THAT, THAT, THAT WE WANT TO CONTINUE.

DO THE HOMES THEMSELVES CHANGE AT ALL? WHAT DO YOU MEAN BY THAT? IF IT'S A PIT VERSUS A MUD, DO THE HO ARE THE HOMES ANY DIFFERENT OR ARE YOU JUST TALKING ABOUT AMENITIES? YEAH.

UM, IN THIS SCENARIO, OUR BUILDING PARTNERS TYPICALLY HAVE ONE PRODUCT LINE FOR A 40 OR ONE PRODUCT LINE FOR A 50.

I MEAN, SO LENNAR WOULD BUILD LIKE THEY'RE DOING IN MONT BELLEVUE AND BAYTOWN CROSSING THE SAME PRODUCT LINE, WHETHER IT IS A PIT OR A MUD.

NOW THEY'RE DOING IT TO DIFFERENT LEVELS OF SUCCESS OR THEY'RE DOING, YOU KNOW, THEY AREN'T NECESSARILY DOING IT WITH THE SAME LANDSCAPING PACKAGE OR EVEN THE 40 FOOT HOME SITES IN BAYTOWN CROSSINGS.

WE REQUIRE TWO STREET TREES OR TWO YARD TREES AND A STREET TREE .

RIGHT.

I MEAN THAT, THAT'S UNIQUE REQUIREMENT THAT WE DON'T HAVE, YOU KNOW, IN A, IN A, IN A MONT BELLEVUE COMMUNITY.

SO YES SIR.

YOU MENTIONED SOME OF THE THINGS THAT YOU'RE WILLING TO DO, THE TRAILS AND THE, AND THE LIKE AND ALL THAT KIND OF THING.

WHAT ARE THE THINGS THAT THE, UM, THAT YOU ARE INVESTING IN THIS COMMUNITY THAT THE CITY'S NOT ASKING FOR? I THINK THAT MAY UH, UH, I THINK AT OUR LAST MEETING IT WAS ALLUDED TO, YOU HAVE SOME CAPITAL COSTS THAT ARE KIND OF DRIVING UP THE COSTS THAT, THAT ARE IN THE CITY'S PERSPECTIVE.

WE, WE HAVE, I YEAH, WE HAVE, WE'VE IDENTIFIED WHAT WE'VE CALL WHAT THE QUID PRO QUO RIGHT.

PROJECTS THAT WE THINK ADD REGIONAL BENEFIT.

THERE'S THE NORTH MAIN IMPROVEMENT, YOU KNOW, SIMILAR TO WHAT WE DID IN GAR ROAD RE YOU KNOW, THE MOBILITY IMPROVEMENT OF EXPANDING THAT, YOU KNOW, FOUR LANE BOULEVARD TO THE MAIN ENTRY.

UM, SO IMPROVING THAT CORRIDOR, THAT'S, THAT'S ONE OF 'EM.

I MEAN THE REGIONAL, THE, THE, THE, UM, THE TRAIL PLAN,

[00:45:01]

WHAT ABOUT THE DRAINAGE THOUGH? DRAINAGE, YEAH.

YEAH.

DRAINAGE BAYTOWN CROSSINGS EXISTING DRAINS THROUGH STORMWATER PUMP SYSTEMS, RIGHT THROUGH ROAD, YOU KNOW, TO ROADSIDE DITCHES.

THIS, THIS NEW TRACK ALLOWS US TO BRING THAT DRAG THAT DEPTH AND YOU CAN SEE IT IN OUR OVERALL PLAN OF GRAVITY FLOW ALL THE WAY TO, ALL THE WAY TO, UM, GARTH ROAD, RIGHT? SO THAT EVERYTHING EAST OF GARTH ROAD IN THIS PROJECT CAN DRAIN BY GRAVITY WITHOUT RELYING ON A, ON A STORMWATER PUMP FACILITY.