Mar 27, 2025 CITY COUNCIL MEETING

THE PAST RECENT MONTHS AFTER SUBMITTING WORK REQUESTS TO THE CITY TO REPAIR SO-CALLED PUBLIC STREETS, ET CETERA.

THANK YOU MR. ESPINOZA.

YOU HAVE THREE MINUTES, SIR, AND WOULD YOU PLEASE STATE YOUR ADDRESS? UH, MY ADDRESS IS 47 20 MS. MY NAME IS ROBERT ESPINOZA.

I LIVE AT 47 27 INDIAN TRAIL, BAYTOWN, TEXAS.

I HAVE LIVED AT THIS ADDRESS FOR THE PAST 24 YEARS.

I AM ONE OF THREE DIRECTORS FOR THE SHADY HILL VILLA HOMEOWNERS ASSOCIATION.

I HAVE BEEN INVOLVED WITH THE ASSOCIATION SINCE 2018.

AT THIS TIME, I WOULD LIKE TO BRING, UH, YOUR ATTENTION TO A MATTER PERTAINING TO THE STREETS WITHIN THE SHADY HILL VILLA COMMUNITY.

IN AN EMAIL SENT ON MARCH 6TH, 2025 TO THE MAYOR, CITY MANAGER AND CITY ATTORNEY, I, I REQUESTED CLARIFICATION ABOUT THE CONFUSION CONCERNING THE STREETS BEING EITHER PRIVATE OR PUBLIC IN THE EMAIL.

AND IN PART I WROTE ABOUT THE INTERACTION I HAD WITH DISTRICT FOUR COUNCIL MEMBER MR. JAMES FRANCO.

I STATED THAT ON MARCH 8TH, 2024, CITY COUNCILMAN FOR DISTRICT FOUR, UH, MR. JAMES FRANCO APPEARED AT MY FRONT DOOR TO DELIVER A MESSAGE FROM THE CITY.

AND AS MENTIONED, MR. LAMONT STATING THAT THE STREETS NORTH OF SHA HILL DRIVE ARE GOING TO BE DEEMED AS PUBLIC AND THE STREETS SOUTH OF SHADY HILL DRIVE INDIAN TRAIL WERE GOING TO REMAIN PRIVATE.

SINCE THAT DAY, MR. FRANCO WAS CONTACTED NUMEROUS TIMES BY PHONE, TEXT, MESSAGE, EMAIL, AND IN PERSON, AND ASKED TO EXPLAIN IN GREATER DETAIL TO THE DIRECTORS AND THE OTHER MEMBERS OF OUR ASSOCIATION AS TO HOW THE CITY'S STREET RECLASSIFICATION CAME ABOUT TO DATE, MR. FRANCO HAS NOT MADE ANY EFFORT TO COME AND SIT WITH THE, WITH US FOR ANY DISCUSSION, NOR AT LEAST SEND OUT AN E EMAIL EXPLANA EXPLANATION TO HELP BRING CLARITY TO THE MATTER.

FAST FORWARD TO 2025, A YEAR LATER, VOID OF ANY FURTHER UPDATED INFORMATION FROM ANY CITY OFFICIAL.

WE'VE BEEN LEFT WITH THE IMPRESSION THAT THE STREETS, AS MENTIONED BY MR. FRANCO, NORTH OF SHA HILL DRIVE TO BE PUBLIC ROADWAYS MAINTAINED BY THE CITY OF BAYTOWN.

NOW IN THE PAST FEW MONTHS, FAST, UH, IN

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WE ARE NOW BEING INFORMED BY MR. KEVIN HILLIARD OF THE, UH, STREETS AND DRAINAGE DEPARTMENT THAT THE CITY ISN'T RESPONSIBLE FOR REPAIRING ANY, UH, MUCH OF ANY INFRASTRUCTURE SUCH AS DRAINAGE, GUTTERS OR ANY OTHER STREETS WITHIN THE SUBDIVISION.

SINCE THEY ARE NOW ALL BEING DEEMED AS PRIVATE STREETS AND THE SOLE RESPONSIBILITY FOR MAINTENANCE FALLS UPON THE SHADY HILL VILLA COMMUNITY.

IF THIS IS THE STANCE THE CITY IS NOW TAKING THE ASSOCIATION IN IS REQUESTING A DETAILED WRITTEN STATEMENT FROM THE CITY MANAGER'S OFFICE AND OR THE CITY LEGAL DEPARTMENT STATING EXACTLY WHY AND HOW THE CITY HAS COME TO THIS FINAL DECISION VERSUS WHAT WAS CONVEYED TO ME LAST YEAR BY MR. FRANCO.

IF INDEED THE STREETS WITHIN THE SUBDIVISION ARE PRIVATE AND NOT PUBLIC, HOW CAN WE AS A COMMUNITY ACHIEVE ANNEXATION BY THE CITY TO RECEIVE SERVICES SUCH AS REPAIRS TO OUR EXISTING INFRASTRUCTURE? I'LL LEAVE IT AT THAT.

NEXT WE HAVE MR. O' DONALD VALIER.

I DON'T NEED MERCEDES RENTERIA.

YOU WOULD PLEASE STATE YOUR ADDRESS.

HI, MY NAME'S MERCEDES TER.

I LIVE AT 1317 CYPRESS STREET.

BAYTOWN, TEXAS MAYOR COUNCIL CITY MANAGER, POLICE CHIEF.

ANGELA, HOW YOU DO? HAPPY OPENING DAY? YOU KNOW, I GOT DRESSED UP.

I DIDN'T EXPECT TO BE HERE.

I WAS AT THE ASTROS WATCHING THE ASTROS PLAY.

BUT I'M HERE BECAUSE OF A SINGLE ISSUE, WHICH IS THE ETHICS COMMISSION I WATCH.

I'M DISTRICT ONE.

I LIVE IN DISTRICT ONE.

LAURA IS MY, IS MY REPRESENTATIVE.

AND I WATCHED THE DISTRICT ONE, UH, VIDEO THAT THEY HAD WITH THE CITY MANAGER SAYING THAT THEY WOULD NOT CREATE AN ETHICS COMMISSION.

AND HERE WE ARE, IN MY OPINION, BECAUSE OF A SINGLE ISSUE, WE'RE CREATING AN ETHICS COMMISSION.

MY FIRST QUESTION WOULD BE WHY DID WE EVER DISSOLVE THE ETHICS COMMISSION? BECAUSE WHEN I WAS, I WAS ON COUNCIL, WE HAD IT AND IT, IT WAS GOOD, IT WAS A GOOD THING.

THE PERCEPTION THAT IT GIVES WHEN WE DON'T HAVE ONE IS NOT A GOOD PERCEPTION.

SO I'M IN FAVOR OF A COMMISSION, BUT THIS ONE WAS NOT WELL THOUGHT OUT.

IT'S A SINGLE ISSUE IN MY OPINION AND IT'S A POLITICAL ISSUE.

UM, AM I DONE? YOU YOU HAVE ONE MINUTE.

WELL, YOU HAD ONE MINUTE.

YOUR, YOUR TIME WAS UP.

THAT WAS, I JUST WANT TO JUST FINISH UP SAYING, YOU KNOW, IF WE'RE GONNA DO IT, LET'S DO IT.

JOHN ISAACS.

IS IT JOHN ISAACS OR JOHN ISAACS? JOHN.

JOHN ISAACS.

HOWIE.

UM, 54, 10 BIBLE OF OUR BAIT TOWN.

UM, YOU KNOW, WE'VE BEEN DEALING WITH STUFF ON TEXAS AVENUE.

MOST OF Y'ALL HAVE HEARD ME COMPLAIN ABOUT STUFF AND GOTTEN EMAILS.

UM, I GOT LOOKING.

WE'VE HAD, YOU KNOW, GLASS PROBLEMS, TRASH AND STUFF.

WE ONLY HAVE ONE TRASH CAN IN THE 100 BLOCK.

WE COULD ACTUALLY USE MULTIPLE TRASH CANS.

YOU CAN'T EXPECT SOMEBODY TO WALK HALF A BLOCK.

WELL, YOU CAN.

THEY'RE JUST GONNA THROW IT ON THE GROUND.

YOU KNOW, THE BEER BOTTLES WE'VE HAD BROKEN.

I'M NOT GONNA SAY THAT.

WHO'S EVER DOING? IT'S NOT GONNA THROW 'EM AGAIN, YOU KNOW, BUT AT LEAST IT REMOVES THE DEAL.

ALSO.

UM, WHY WERE WE NOT ABLE TO COMPLETE THE RESTAURANT AT THE GOLF COURSE? AS A PUBLIC, WE NEED TO KNOW WHAT WAS GOING ON.

WE WERE TOLD 700,000.

WHAT COMES TO MIND? I FEEL LIKE WE WERE LIED TO OR THERE WAS INCOMPETENCE ON SOMEBODY'S PART.

'CAUSE WE DON'T HAVE THE KNOWLEDGE OF WHAT HAPPENED.

NEXT WE HAVE MR. BYRON REBECK.

UH, I WAS YIELDING MY TIME TO, THERE SHOULD BE AN ERROR ON THERE.

YEAH, BUT WHO ARE YOU YIELDING YOUR TIME TO? THE ME MR. HARVEY PONDER.

CITY'S FINANCIAL PROBLEMS, WHERE IS THAT MONEY GONNA COME FROM? IT'S BEEN SEVEN YEARS NOW.

DENISE GRAVES YIELDING MY TIME TO HOLD.

THANK YOU MR. PONDER.

YOU NOW HAVE THREE MINUTES.

YES SIR.

WOULD YOU STATE YOUR ADDRESS? YES, SIR.

I WAS GIVEN A LIST OF BENEFITS AND SERVICES.

WELL, I WAS GIVEN A LIST OF BENEFITS AND SERVICES FROM THE CITY AT THAT I WOULD RECEIVE WHEN THE CITY ANNEXED MY PROPERTY DATED OF TWO NOVEMBER 17.

THAT'S WHAT'S ON HERE.

UM, THE CITY ESTIMATED INFRASTRUCTURE COST AT 10 AND A HALF MILLION DOLLARS BACK IN 2017.

AGAIN, I ASKED, DUE TO THE

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YOU WANT VOTERS TO PASS A NEW BOND PROPOSAL TO UPGRADE CURRENT CITY INFRASTRUCTURE WITH NO MENTION OF THE ANNEXATION PRO PROMISES NONE.

YOU BUILT AND OWN A HOTEL YOU BUILT AND OWN A GOLF COURSE, BOTH OF WHICH WERE PASSED BY COUNCIL WHEN THE VOTERS VOTED AGAINST IT.

PART OF THE FUTURE BOND IS TO MAINTAIN THE REAL PROPERTY THAT VOTERS DID NOT WANT THE CITY.

YOU GAVE ME A LIST OF THINGS THAT I HAD TO DO THAT THE CITY MIGHT MIGHT DE ANNEX MY PROPERTY.

AND I WAS TOLD IT MUST BE FOLLOWED TO THE LETTER.

I WAS TOLD THE CITY COULD NOT CHANGE THE CITY CHARTER.

I WAS TOLD THAT THE CITY, THAT THERE WERE NUMEROUS HURDLES THE CITY HAD TO GO THROUGH TO CHANGE THAT CHARTER AND IT ALL HAD TO BE DONE WITH VOTER APPROVAL.

MIGHT I REMIND COUNSEL THAT JUST LAST MONTH YOU VOTED TO SUSPEND RULES AS FAR AS THE, UH, ELECTION OF A MAYOR PRO TEMP, AND NOW YOU WANT TO AMEND THE CHARTER TO NAME YOURSELVES AND THE CITY MANAGERS TO THE COMMISSION'S ETHICS COMMITTEE JUST LIKE THAT.

ALL OF THAT MAKES ME WONDER WHY YOU REQUIRE ME TO FOLLOW THE LETTER OF THE LAW WHEN I NEED ACTION FROM YOU.

BUT YOU CAN AND ARE WILLING TO CHANGE, SUSPEND, OR AMEND LAWS AS YOU DEEM NECESSARY WHEN IT SUITS YOU.

I SPENT $1,500 LAST YEAR ON TAXES FOR A TOTAL AND OVER $8,500 SINCE 2017 ON TAXES.

IF SOMEONE WAS TO STEAL THIS $20 BILL OUTTA MY POCKET RIGHT NOW, AFTER I GOT THROUGH WITH HIM, CHIEF WOULD ARREST HIM AND PUT 'EM IN JAIL.

AND RIGHTLY SO.

BUT WHY IS IT YOU CAN TAKE $1,500 A YEAR OUTTA MY POCKET AND I DIDN'T GET NOTHING BUT A STACK OF PAPERWORK SAYING, HEY, YOU GOTTA DO ALL OF THIS STUFF TO GET OUT OF THE CITY.

THAT'S ALL I GOT.

MR. MAYOR.

CONSIDER APPROVING THE MINUTES OF THE CITY COUNCIL MEETING WORK SESSION HELD ON FEBRUARY 13TH.

NOW WE'LL MOVE ON TO WELL, THERE BEING NO ONE ELSE DESIRING TO SPEAK.

THIS CONCLUDES THE CITIZEN PORT COMMENT PORTION OF THE AGENDA.

THREE.

[3. MINUTES]

I NEED A MOTION MOVE TO APPROVE.

ANY QUESTIONS OR COMMENTS? ALL IN FAVOR, AYE.

AND CITIZEN COMMUNICATIONS, A RECOGNIZED CITY OF BAYTOWN EMPLOYEES FOR THEIR YEARS OF SERVICE.

NEXT WE HAVE RECOGNITIONS

[a. Recognize City of Baytown Employees for their Years of Service.]

MR. LOPEZ.

THANK YOU MAYOR, AND GOOD EVENING COUNSEL.

WE'LL BE RECOGNIZING TWO EMPLOYEES FROM OUR PUBLIC WORKS DEPARTMENT TONIGHT.

DAVID OILER, 25 YEARS OF SERVICE, PUBLIC WORKS AND ENGINEERING.

BUCKLE UP AND GET READY FOR A RIDE.

THROUGH DAVID ER'S JOURNEY WITH THE CITY OF BAYTOWN AS OUR VERY OWN FLEET SUPERINTENDENT IN PUBLIC WORKS AND ENGINEERING.

DAVID GREW UP IN SOUTHERN ILLINOIS AND HIT THE ROAD TO ADULTHOOD AT GRADUATING HIGH SCHOOL IN 1979.

SHORTLY AFTER DAVID PROUDLY SERVED HIS COUNTRY BY SERVING SIX YEARS IN THE MARINE CORPS.

RAH.

ONCE HIS TOUR OF DUTY WAS COMPLETE, HE SHIFTED GEARS AND MADE HIS WAY TO TEXAS AS QUICKLY AS HE COULD WHERE HE PUT THE PEDAL DOWN ON A CAREER IN THE AUTOMOTIVE FIELD.

ONE THAT'S BEEN RUNNING STRONG FOR 42 YEARS.

WITH 25 OF THOSE YEARS BEING WITH THE CITY OF BAYTOWN, DAVID JOINED THE CITY OF BAYTOWN IN MARCH, 2000 AS A MECHANIC KEEPING THINGS IN TOP GEAR FOR 10 YEARS BEFORE EARNING A WELL-DESERVED PROMOTION TO FLEET SUPERINTENDENT IN 2010.

OVER THE YEARS, HE'S FINE TUNED HIS SKILLS, EARNING MULTIPLE CERTIFICATIONS, INCLUDING THE PRESTIGIOUS CERTIFIED PUBLIC MANAGER, CPM DESIGNATION, EMERGENCY VEHICLE TECHNICIAN MANAGEMENT, LEVELS ONE AND TWO, AND SEVERAL AUTOMOTIVE SERVICE EXCELLENCE, A SE CERTIFICATIONS ALONG THE WAY, HE AND HIS WIFE PENNY BUILT A FULL GARAGE, FIVE AMAZING KIDS AND A GROWING CREW OF GRANDKIDS.

NOW UP TO SEVEN, INCLUDING THE NEWEST MODEL, MR. KANE, WHO ROLLED OFF THE PRODUCTION LINE ON JANUARY 8TH, 2025.

WHEN HE IS NOT KEEPING THE CITY'S FLEET RUNNING LIKE A WELL-OILED MACHINE, DAVID

[00:20:01]

AND PENNY ENJOY PUTTING SOME MILES ON THEIR OWN ADVENTURES.

WHETHER IT'S CRUISING THE HIGH SEAS, HITTING THE JACKPOT IN LAS VEGAS, OR SEEING WHERE THE OPEN ROAD TAKES THEM.

YOU'VE BEEN SHIFTING GEARS AND KEEPING US ON TRACK HERE AT THE CITY.

SO THANKS FOR 25 YEARS OF SERVICE.

DAVID OILER, RAY DARRINGTON, 25 YEARS OF SERVICE, PUBLIC WORKS AND ENGINEERING.

RAY DARRINGTON IS A PROUD LIFELONG RESIDENT OF LIBERTY, TEXAS, WHERE HE HAS BUILT A LIFE FILLED WITH DEDICATION, FAMILY AND COMMUNITY SERVICE.

RAY'S CAREER IN WASTEWATER MANAGEMENT BEGAN WITH HIS INSPIRATION FROM HIS FATHER'S MOBILE HOME PARK, LEADING HIM TO EARN HIS WASTEWATER LICENSE.

HIS FIRST JOB IN THIS FIELD WAS AT THE CENTRAL DISTRICT WASTEWATER PLANT FOR THE CITY OF BAYTOWN.

TODAY HE CONTINUES HIS WORK IN THE LAB AT THE NORTHEAST PLANT, CONTRIBUTING HIS MANY YEARS OF EXPERTISE TO THE CITY AND FELLOW COWORKERS BEYOND HIS PROFESSIONAL LIFE, RAY IS PASSIONATE ABOUT GARDENING, BRINGING LIFE AND COLOR TO HIS SURROUNDINGS WITH HIS GREEN THUMB.

BUT PERHAPS HIS MOST UNIQUE AND HEARTWARMING PASSION IS CLOWNING.

AS A DEDICATED MEMBER OF ARABIA CLOWN JEWELS, HE BRINGS JOY AND LAUGHTER TO THOSE IN NEED.

REGULARLY VISITING THE GALVESTON SHRINE HOSPITAL TO BRIGHTEN THE DAYS OF YOUNG PATIENTS OUTSIDE OF CLOWNING AROUND.

RAY HAS BEEN HAPPILY MARRIED FOR 17 YEARS TO HIS LIFELONG SWEETHEART WITH A DEEP LOVE FOR HIS HOMETOWN, A COMMITMENT TO HIS CAREER AND A HEART FOR SERVICE.

RAY DARRINGTON EMBODIES THE SPIRIT OF HARD WORK, COMMUNITY, AND JOY.

THANK YOU RAY, FOR YOUR 25 YEARS OF SERVICE.

NEXT, WE WILL HAVE FOUR B.

RECOGNIZE

[b. Recognize a citizen for a life-saving event at a pickleball match.]

A CITIZEN FOR A LIFESAVING EVENT AT A PICKLEBALL MATCH.

NOW THIS IS SOMETHING THAT I'M PRETTY SURE EVERYONE IN THIS ROOM HAS HEARD MULTIPLE TIMES FOR THE PAST TWO OR THREE WEEKS.

UM, MS. GOLD DOES NOT WANT TO BE CONSIDERED A HERO, BUT I TOOK SOME TIME TO STOP BY THE COMMUNITY CENTER TO SEE THIS PERSON WHO WEARS A CAPE.

AND I FOUND A PERSON WHO HAD A PICKLE BALL PADDLE IN HAND RATHER THAN A CAPE.

SHE, AND THIS IS NOT THE FIRST TIME SHE SAVED SOMEONE'S LIFE.

THIS IS ACTUALLY THE SECOND TIME SHE SAVED SOMEONE'S LIFE.

SO I THOUGHT ENOUGH OF HER TO ASK, UH, CITY MANAGER IF WE COULD GET SOMETHING ON THE AGENDA TO RECOGNIZE HER FOR BEING A LIFESAVER SINCE SHE DOESN'T WANT TO BE KNOWN AS A, AS A, UM, AS A SUPERHERO.

AND WHAT IT SAYS HERE IS BAYTOWN PROUDLY RECOGNIZES ROBIN GOLD IN PROVIDING LIFESAVING ASSISTANCE TO A FELLOW COMMUNITY MEMBER IN DISTRESS, DEMONSTRATING EXTRAORDINARY PRESENCE OF MIND AND COMPASSION IN A MOMENT OF CRISIS.

MS. GOLD, WOULD YOU PLEASE STAND? AND I'M GOING, WOULD YOU MIND COMING DOWN AND HAVING A FEW WORDS WHILE I MEET YOU? SURE.

I DON'T HAVE ANYTHING TO SAY.

WELL, KEN, IF I ASK YOU A FEW QUESTIONS, WOULD YOU ANSWER THEM? SURE.

YOU SAID YOU DON'T WANT TO BE KNOWN AS A SUPERHERO, BUT YOU AGREED TO DO INTERVIEWS WITH THE, UM, NEWS STATIONS.

FOR WHAT REASON? I WANT TO INSPIRE OTHER PEOPLE TO GO GET CPR TRAINED AND FIRST AID TRAINED AND LEARN WHERE YOUR AEDS ARE BECAUSE WE HAD AN A ED IN THE COMMUNITY CENTER RIGHT OUTSIDE THE DOOR.

THAT'S ACTUALLY WHAT SAVED RANDY'S LIFE.

I JUST PROVIDED SUPPORT AND KEPT THE BLOOD FLOW UNTIL THE A ED GOT THERE AND THE MORE QUALIFIED HELP OF THE PARAMEDICS.

DID YOU HAVE ANY ASSISTANCE? UH, I DID BY ASKING.

I ASKED IF ANYONE ELSE KNEW CPR AND I FELT SURE THERE WERE OTHERS THAT DID, BUT I THINK THEY WERE A LITTLE INTIMIDATED.

I THINK THEY MAY HAVE BEEN A LITTLE INTIMIDATED TO ACTUALLY GET IN THERE AND HELP, BUT ONE OF THE OTHER GUYS THAT PLACED PICKLEBALL, HE SQUATTED DOWN AND SAID, TELL ME WHAT TO DO.

I DON'T KNOW WHAT TO DO.

SO I STARTED INSTRUCTING HIM TO HELP WITH AIRWAY MANAGEMENT AND HOLDING, UH, C-SPINE MOBILIZATION.

AND I'M VERY NERVOUS.

I'M NOT A PUBLIC SPEAKER.

, WERE YOU NERVOUS WHEN YOU WERE SAVING MR. RANDY'S? OH, NO SIR.

I JUST, I WORKED FOR EXXONMOBIL AND I WAS ON THE EMERGENCY RESPONSE TEAM AND RECEIVED SOME OF THE BEST TRAINING AND WE HAD SOME OF THE BEST, UH, EQUIPMENT AND PEOPLE THAT I WORKED WITH.

THE OTHER, THE OTHER PERSON'S LIFE THAT I HELPED SAVE WAS ACTUALLY A TEAM EFFORT.

IT WAS INSIDE THE PLANT AND IT WAS VERY REWARDING ALSO.

CAN YOU TELL ME, OR REMIND ME WHAT HAPPENED A FEW WEEKS OR SO BEFORE THAT REALLY GOT YOU THINKING ABOUT IT?

[00:25:01]

SO, IN BETWEEN GAMES, I WAS SITTING UP ON THE STAGE AS WE DO TO TAKE A BREAK WAITING FOR A COURT TO OPEN.

AND I WAS LOOKING AROUND AT ALL THE GRAY HAIR.

IT'S A LOT OF SENIORS THAT PLAY.

AND I THOUGHT, YOU KNOW WHAT? I WONDER WHERE THE A ED IS IN HERE.

I MIGHT HAVE TO USE THIS SOMEDAY .

IT ENDED UP, AND I ASKED THE GUY THAT WAS SITTING NEXT TO ME, I SAID, HAVE YOU EVER SEEN THE A ED, WHICH IS AN AUTOMATIC EXTERNAL DEFIBRILLATOR? AND HE SAID, I THINK THERE'S ONE IN THE LOBBY.

SO WE GOT UP AND WALKED OUT AND LOOKED AT WHERE IT WAS OUT IN THE LOBBY, AND IT ENDED UP THE DAY THAT THIS HAPPENED.

WHEN I HOLLERED, CALL 9 1 1, GO GET THE A ED.

HE RAN AND GOT THE A ED AND BROUGHT THE A ED BACK IN.

WOW.

SO BE AWARE OF YOUR SURROUNDINGS.

THERE'S AEDS EVERYWHERE THEY TALK TO YOU.

IT'S VERY SIMPLE TO USE.

ANYBODY CAN DO IT.

AND THE PERSON WHOSE LIFE YOU SAVED, HAVE YOU SEEN HIM AGAIN? YES, RANDY, HE SHOWED UP, UH, WEDNESDAY FOR PICKLEBALL.

HE'S NOT ABLE TO PLAY YET.

HE HAD OPEN HEART SURGERY TWO WEEKS AGO.

WOW.

HE'S DOING REMARKABLY WELL.

AND IT'S GONNA BE ANOTHER COUPLE OF MONTHS BEFORE HE'LL BE ABLE TO ACTUALLY PLAY AGAIN.

BUT WE SAVED HIS LIFE.

HE HE'S GONNA COME BACK.

HE'S DOING REALLY WELL.

AND WOULD YOU MIND REMINDING OR TELLING EVERYONE, THIS IS MY LAST QUESTION, I'M SORRY TO DO AN INTERVIEW, , WHAT, WHAT, WHAT T-SHIRT WHAT DID THIS T-SHIRT SAY THAT HE WAS WEARING? IT SAYS, I'M BACK AND IT'S GOT A HEARTBEAT GOING ACROSS AND A HEART ON THIS SIDE.

HE'S ACTUALLY, HE'S BACK .

LET'S GIVE HER A ROUND OF APPLAUSE.

REALLY APPRECIATE THAT.

YES, MA'AM.

YOU HAVE ONE MORE QUESTION ASK.

NEXT WE WILL HAVE FIVE

[c. Present a proclamation designating April 21-25, 2025 as Community Development Week.]

C PRESENTED PROCLAMATION DESIGNATING APRIL 21ST THROUGH APRIL 25TH, 2025 AS COMMUNITY DEVELOPMENT WEEK OH FOUR C I'M SORRY.

AND THAT WOULD BE MYSELF.

RIGHT HERE.

I NEED TO GET MY STEPS IN.

YEP.

SEE, AND I'M TAKING THE EASY ROUTE.

SO THIS IS GOING TO THE C-D-B-G-C-D-A-C.

AM I RIGHT? AND ALL OF THESE INDIVIDUALS SERVE ON THAT COMMITTEE, STAFF AND STAFF.

WHO'S ON THE COMMITTEE WITH A SHOW OF HANDS AND WHO'S STAFF? STAFF.

GOOD DEAL.

CDBG FUNDS ARE USED BY THOUSANDS OF NEIGHBORHOOD BASED NONPROFIT ORGANIZATIONS THROUGHOUT THE NATION TO ADDRESS PRESSING NEIGHBORHOOD AND HUMAN SERVICE NEEDS.

WELL, THIS PROCLAMATION, CITY OF BAYTOWN COMMUNITY DEVELOPMENT WEEK, WHEREAS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HAS OPERATED SINCE 1974 TO PROVIDE LOCAL GOVERNMENTS WITH THE RE RESOURCES REQUIRED TO MEET THE NEEDS OF LOW AND MODERATE INCOME INDIVIDUALS.

THIS GRANT PROGRAM IS AMONG THE FEW REMAINING FEDERAL PROGRAMS AVAILABLE TO ADDRESS THE NEEDS OF LOW AND MODERATE INCOME INDIVIDUALS IN SMALL CITIES.

AND WHEREAS

[00:30:01]

AND WHEREAS AS A PARTICIPANT IN THE CDBG PROGRAM, THE CITY OF BAYTOWN DEMONSTRATES ITS COMMITMENT TO LOW AND MODERATE INCOME NEIGHBORHOODS BY PROVIDING DIRECT SERVICES TO THE COMMUNITY AND HAS TAILORED THE PROGRAM TO EFFECTIVELY ADDRESS LOCAL ISSUES.

AND WHEREAS THE CDBG PROGRAM HAS DEVELOPED A NETWORK OF RELATIONSHIPS BETWEEN GOVERNMENT RESIDENTS, BUSINESSES, AND NONPROFIT ORGANIZATIONS TO IMPACT OUR LOCAL ECONOMY THROUGHOUT THE NEIGHBORHOOD AND HUMAN SERVICE NEEDS, ECONOMIC DEVELOPMENT, AFFORDABLE HOUSING, AND PHYSICAL REDEVELOPMENT.

NOW, THEREFORE, I CHARLES JOHNSON AS MAYOR OF THE CITY OF BAYTOWN, TEXAS DO HEREBY PROCLAIM THE WEEK OF APRIL 21ST THROUGH APRIL 25TH, 2025 AS COMMUNITY DEVELOPMENT WEEK IN BAYTOWN AND URGE ALL CITIZENS TO JOIN ME IN RECOGNIZING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE IMPORTANT ROLE IT PLAYS IN OUR COMMUNITY.

STUCK NOW, RIGHT? HERE WE GO.

1, 2, 3, AND ONE MORE.

ONE MORE, ONE MORE, BUT HELP ME WITH THE PHOTO, BECAUSE I HAVE TO TAKE THE SAME ONE A COUPLE NOW I THINK THIS IS THE FIRST TIME I'VE GIVEN THE SAME GROUP TWO PROCLAMATIONS.

SO YOU ALL MUST BE DOING VERY GOOD WORK.

WE'RE SPECIAL, SPECIAL AROUND.

MOVE AROUND.

I'M NOT SURE WHY.

KEEP TRACK OF THE PHOTOS.

FAIR HOUSING MONTH, WHEREAS APRIL 25TH MARKS THE 50 57TH ANNIVERSARY OF THE TITLE EIGHT OF TITLE II OF THE CIVIL RIGHTS ACT OF 1968, KNOWN AS THE FAIR HOUSING ACT.

ALRIGHT.

PROCLAMATION, CITY OF BAYTOWN

[d. Present a proclamation designating the month of April as Fair Housing Month in the City of Baytown.]

THIS ACT PROVIDES EQUAL HOUSING OPPORTUNITY FOR ALL AMERICANS REGARDLESS OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, DISABILITY, OR FAMILIAL STATUS, AND ENSURES FAIRNESS IN THE SALE, RENTAL AND FINANCING OF PROPERTIES.

AND WHEREAS THE FAIR HOUSING ACT AFFIRM THE RIGHT OF EVERY AMERICAN TO, TO SECURE HOUSING OF THEIR CHOICE FREE FROM DISCRIMINATION AND PROMOTE EQUAL ACCESS TO HOUSING OPPORTUNITIES, STRENGTHENING COMMUNITIES, AND FOSTERING DIVERSITY.

AND WHEREAS FAIR HOUSING IS A FUNDAMENTAL RIGHT AND A KEY COMPONENT OF STRONG, SUSTAINABLE COMMUNITIES, AND ENSURING FAIR HOUSING PRACTICES IS ESSENTIAL TO ACHIEVING ECONOMIC STABILITY, EDUCATIONAL PRO OPPORTUNITIES, AND BETTER QUALITY OF LIFE FOR ALL.

AND WHEREAS WE MUST, AS INDIVIDUALS AND AS PEOPLE TAKE A STAND TO ENSURE EQUAL OPPORTUNITY FOR ALL, INCLUDING OPPORTUNITY IN HOUSING WITH OUR COMMUNITY.

NOW, THEREFORE, I CHARLES JOHNSON AS MAYOR OF THE CITY OF BAYTOWN, TEXAS DUE HEREBY PROCLAIM APRIL, 2025 AS FAIR HOUSING MONTH AND BAYTOWN AND I URGE ALL CITIZENS TO VOICE THEIR SUPPORT OF FAIR AND EQUAL HOUSING OPPORTUNITIES FOR ALL CITIZENS IN OUR COMMUNITY.

NOW WE CAN CLAP AGAIN.

THIS IS IT.

SEE SHARON, HERE WE GO.

1, 2, 3.

DO, RECOGNIZE A CITIZEN WHENEVER SHE DOES HER REPORT.

APPRECIATE I AM GONNA TAKE A POINT OF PRIVILEGE AND ALLOW MS. GRAHAM, SHE LIKES TO

[00:35:01]

AND WE DO NOT WANT THIS PERSON TO BE HERE ANY LONGER THAN WHAT THEY HAVE TO.

SO WE'RE GONNA ALLOW HER TO RECOGNIZE THE CITIZEN NOW.

I, I JUST REQUESTED YES, SIR.

COUNCIL MEMBER GRAHAM, JUST FOR THE RECORD, JUST WANTED TO MAKE SURE WE STATED THAT WE'RE TAKING PART OF THIS ITEM OUT OF ORDER.

IT BE OKAY IF WE TAKE ITEM PART OF ITEM 10 A OUT OF ORDER, UM, TO BENEFIT A CITIZEN THAT'S IN THE AUDIENCE? THAT'S FINE.

IT, IT'S ITEM.

UM, SO I'LL DO A POINT OF ORDER.

WOULD

[a. Receive a report from Council Member Laura Alvarado District No. 1, and Council Member Sarah Graham District No. 2, regarding projects, programs and events.]

ALL RIGHT.

I APPRECIATE EVERYONE THAT, UM, THAT HAS GIVEN ME THE PRIVILEGE TO DO THIS.

THE DISTRICT TWO REPORT IS GONNA BE AT THE VERY END OF THE MEETING.

UM, BUT I, I WANTED TO ASK MS. TAMMY GUIDRY, I SAW THAT SHE WAS IN THE AUDIENCE, IF SHE WOULDN'T MIND COMING UP HERE.

UM, I WANNA READ A FEW THINGS ABOUT HER.

SO SOMETHING THAT I STARTED, BECAUSE I WANTED TO REALLY SHINE A LIGHT ON ALL THE GREAT THINGS THAT ARE GOING ON IN DISTRICT TWO.

UM, SO I WANTED TO SAY A FEW THINGS.

TAMMY GUIDRY IS NOW OUR, OUR THIRD DISTRICT TWO DISTINGUISHED CITIZEN.

UH, MS. TAMMY GUIDRY IS THE DIRECTOR OF THE HOMELESS SERVICES AND COMMUNITY ENGAGEMENT FOR TALENT YIELD COALITION, WHICH IS A SPONSOR FOR MARCELLUS WILLIAMS. SHE HAS SPENT MOST OF HER LIFE USING HER GOD-GIVEN TALENTS TO HELP OTHERS.

SHE SPENT 17 YEARS DRIVING A SCHOOL BUS DURING THIS TIME, SHE WOULD NOT ONLY SAFELY TRANSPORT STUDENTS, BUT SHE WOULD BRING 'EM SNACKS, LISTEN TO THEIR NEEDS, AND MANY TIMES ASSIST THEM WITH CHALLENGING SITUATIONS GOING ON AT HOME.

SHE WEARS MANY HATS.

SHE EDUCATES ALL AGES OF THE POPULATION ABOUT RESOURCES SUCH AS SNAP, MEDICARE, MEDICAID.

SHE HELPS PEOPLE, UM, FILE FOR DISABILITY, WHICH IF YOU'VE EVER HAD TO BE INVOLVED WITH THAT, THAT'S A, THAT'S A REALLY, REALLY LONG AND TREACHEROUS, UH, JOURNEY.

SHE SHOWS PEOPLE HOW TO GET ON THE MARKETPLACE.

INSURANCE HELPS WITH HOUSING, UM, IDENTIFICATION, ET CETERA.

SHE ATTENDS NUMEROUS EVENTS WITHIN OUR SCHOOLS, LIBRARIES, LOCAL CHURCHES, AND OTHER COMMUNITY EVENTS, WORKING TO HELP ANYONE THAT'S IN NEED.

RECENTLY, AN ARTICLE WAS PUBLISHED IN THE BAYTOWN SUN, MENTIONING ALL THE WORK SHE'S DONE WITH PEOPLE IN OUR COMMUNITY WHO ARE EXPERIENCING HOMELESSNESS.

ANYONE WHO KNOWS HER, AND I'VE TALKED TO A LOT OF PEOPLE IN DISTRICT TWO AND OTHERS, ANYONE WHO KNOWS HER DESCRIBES HER AS A GIVER.

SHE IS USUALLY AT THE LIBRARY EVERY TUESDAY, 12 TO FOUR.

AND SHE RECENTLY TOLD ME A STORY ABOUT A YOUNG TEENAGE GIRL WHO WAS PREGNANT AND NEEDING HOUSING ASSISTANCE.

TAMMY WAS ABLE TO LEAD HER TO THE RIGHT RESOURCES AND HELP MAKE A POSITIVE IMPACT WITH THIS YOUNG GIRL.

TAMMY, IT IS GIVERS LIKE YOU IN OUR COMMUNITY THAT MAKE BAYTOWN A GREAT PLACE TO CALL HOME.

I WANT TO THANK YOU VERY MUCH FOR THE POSITIVE IMPACT YOU'VE HAD ON DISTRICT TWO, AND YOU ARE OUR DISTINGUISHED CITIZEN.

IT'S YOUR SPOT, NOT MINE.

I'M RECORDING.

HOLD ON ONE SECOND.

I DIDN'T WANNA STAY IN THERE.

THANK YOU COUNCIL AND MAYOR.

I APPRECIATE IT.

IT YES MA'AM.

NOW WE MOVE ON TO PROPOSED ORDINANCES

[a. Consider an ordinance amending Chapter 2 “Administration,” Article VIII “Code of Ethics,” of the Code of Ordinances of the City of Baytown, Texas, to align the procedures for addressing potential ethics violations with the Charter of the City of Baytown and Ordinance No. 15,709.]

FIVE.

MR. MAYOR? YES, SIR.

UH, I MOTION WE MOVE ITEM FIVE A TO GO AFTER ITEM 11, A EXECUTIVE SESSION.

UM, WELL, UM, I, I WANT TO MAKE SURE WE GET GUYS FROM COUNCIL ALSO.

UH, COUNCILMAN FRANCO SAID HE WAS GONNA BE LATE.

I THINK HE TOLD STAFF LAST SOMEBODY, RIGHT.

I THINK IT'S, I THINK WE SHOULD DISCUSS THAT WITH FRANCO AND ALL COUNCIL MEMBERS ON DECK BEFORE WE, BEFORE WE DISCUSS THIS.

AND THIS MIGHT GIVE HIM THE TI TIME TO SHOW UP.

SO YOU'RE ASKING TO MOVE THIS TO THE END AFTER EXECUTIVE SESSION? YES, SIR.

WE CAN DO THAT.

CAN WE HAVE A SECOND? SECOND? YES SIR.

IF THERE'S INDIVIDUALS SIGNED UP TO SPEAK ON THIS MATTER, CAN WE ALLOW THEM SO THEY DON'T HAVE TO STAY TILL LATE NIGHT? ARE YOU OKAY WITH THAT? CAN WE DO THAT? YEAH.

YEAH, THAT'S GOOD.

SO WHAT WE'LL DO, DO WE HAVE ANYONE SIGN UP TO SPEAK? SO, SO WHAT WE'RE DOING, WE'RE MOVING FIVE A TO BE TAKEN AFTER EXECUTIVE SESSION.

SO THAT'S THE MOTION.

THE MOTION IS TO TAKE FIVE A AFTER THE EXECUTIVE SESSION SESSION AFTER THE EXECUTIVE SESSION.

FIVE A HAS BEEN MOVED DOWN TO THE END OF THE MEETING AFTER EXECUTIVE SESSION.

AND I SECOND, I WE WE HAVE A SECOND.

[00:40:01]

I FIRST PERSON, WE HAVE SIGNED UP TO SPEAK ON ITEM FIVE A, RIGHT ON FIVE A.

IS MR. DON AKEY, PLEASE STATE YOUR ADDRESS.

MY NAME'S DON IKE.

I LIVE AT FOUR 10 ROLLINGWOOD ROAD.

BAYTOWN, I'M HERE TO SPEAK ON ETHICS.

AND SOMEWHERE I READ THEY WERE THINKING ABOUT MAKING CITY COUNCIL AND MANAGER AND, UH, BASICALLY Y'ALL THE ETHICS COMMITTEE.

I THINK Y'ALL HAVE A LOT OF NERVE EVEN DREAMING THAT Y'ALL ARE ETHICAL.

OVER THREE YEARS AGO, I SENT A LETTER TO EVERYBODY ON CITY COUNCIL AND THE LEGAL DEPARTMENT AND EVERYBODY ELSE ABOUT PLAYGROUNDS FILLED WITH TOXIC MATERIALS.

BAY TOWN'S NOT FOLLOWING THE LAW, AND IT'S BEEN OVER THREE YEARS AND WE STILL GOT PLAYGROUNDS THAT HAVE THE TOXIC MATERIAL AND WE'RE NOT FOLLOWING STATE LAW.

AND Y'ALL CAN STOP IT IN TWO SECONDS.

UH, SO I DON'T SEE WHERE YOU GET A CONNECTION ABOUT BEING ETHICAL IF YOU DON'T CARE ABOUT ONE YEAR OLDS AND TWO YEAR OLDS IN THE PLAYGROUND.

DON'T TELL ME YOU CARE ABOUT ETHICS ANYWAY, MR. AY YES, YOU'VE CLEANED UP SOME OF THEM, BUT YOU COULD HAVE CLEANED THEM ALL UP.

MR. AY, ARE YOU GOING TO TALK ON, THIS IS FIVE A ABOUT THE, UM, ETHICS, THE CODE OF ETHICS ORDINANCE.

THE CODE OF ETHICS ABOUT, ABOUT Y'ALL GONNA BE CODE ETHICS.

THAT, THAT'S, THAT'S A MAJOR CONCERN IS, IS THE COHESION.

IS THAT WHAT THIS IS ABOUT? YES, SIR.

WELL, I DON'T IF, IF Y'ALL COULD ST COULD BE ETHICAL AND SAVE THE KIDS BY FOLLOWING STATE LAW.

NOT ONLY MORAL LAW, BUT STATE LAW.

I DON'T KNOW HOW YOU CAN THIS IS ETHICAL.

IT IT'S ALSO ETHICAL THAT WE HAVE LED THE LEADERS OF ALL THE CITIES PUTTING RAW SEW INTO GALVESTON BAY OVER 20 YEARS AND WE STILL CAN'T GET IT RIGHT AND THE CITY.

AND SINCE APRIL OF 22, WE'VE COMMITTED $4.629 MILLION.

MR. TAKE A POINT OF ORDER FOR ATTORNEYS TO SAY WE'RE GUILTY.

AND I'M GOING TO REMIND YOU AGAIN.

FIVE A IS TO CONSIDER AN ORDINANCE AMENDING CHAPTER TWO ADMINISTRATION, ARTICLE EIGHT, CODE OF ETHICS OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS TO ALIGN THE PROCEDURES OF ADDRESSING POTENTIAL ETHIC VIOLATIONS WITH THE CHARTER OF THE CITY OF BAYTOWN.

WELL, I'M ALL, I WORRY ABOUT THE ENVIRONMENT MAINLY.

AND I'M NOT A PUBLIC SPEAKER.

I'M SORRY IF I GOT OUT BOUNDS.

WE THANK YOU FOR YOUR COMMENT.

I THANK YOU FOR ALLOWING ME TO SPEAK.

NEXT WE HAVE MR. CALVIN MINGER.

PLEASE STATE YOUR ADDRESS.

HOW ARE Y'ALL DOING THIS EVENING? DOING PRETTY GOOD.

GOOD TO SEE Y'ALL.

UH, HERE A WHILE BACK, THERE WAS A NIGHT WHEN I SPOKE AT THE COMMUNITY CENTER, UH, THE NIGHT WE WERE WELCOMING, WHERE WE WERE WELCOMING CHARLES ABOARD AND WE WERE THANKING BRANDON FOR HIS SERVICE.

AND WHAT I SPOKE ABOUT THAT NIGHT WAS THE IMPORTANCE AND THE NEED FOR COHESION AMONGST THE STAFF AND CITY COUNCIL MEMBERS.

THIS CONTEMPLATED CHARTER AMENDMENT, I THINK IS A SIGNIFICANT THREAT TO THOSE RELATIONSHIPS.

I THINK YOU GUYS INVESTIGATING EACH OTHER FOR WHAT COULD BE FALSE SCURRILOUS ACCUSATIONS IS GONNA REALLY TEAR APART Y'ALL'S WORKING RELATIONSHIP.

AND IT COULD LEAD TO POLITICAL INFIGHTING, POLITICAL CHAOS.

AND I STRONGLY URGE Y'ALL TO NOT GO THERE AND IN EFFECT, CREATE A SITUATION WHERE YOU INVESTIGATE YOURSELVES FOR POSSIBLE WRONGDOING.

WHEN I TALK TO THE ATTORNEY, UH, FOR THE STATE OF TEXAS ETHICS COMMISSION, HE SAID, NEVER HAS HE EVER HEARD WHERE A TEXAS CITY COUNCIL IS ACTING AS ITS ETHICS COMMISSION.

HE SAID, I IF IT EXISTS, I DON'T KNOW.

BUT HE SAYS, I HAVE NEVER IN MY LONG CAREER HEARD OF SUCH A THING BEING DONE.

OKAY? THERE'S A REASON WHEN, WHEN, WHEN NOBODY'S DOING IT, IT OUGHT TO TELL YOU SOMETHING.

THERE'S SOMETHING WRONG WITH IT.

AND WHAT'S WRONG WITH IT IS HOW IT'S GONNA FRACTURE YOUR RELATIONSHIP.

AND THAT'S WHAT HE SAID.

HE SAID IT'S GONNA FRACTURE THEIR RELATIONSHIPS.

[00:45:01]

HERE'S ANOTHER CONCERN.

AND IT SAYS ON PAGE THREE, ANY PERSON WHO BELIEVES THAT A VIOLATION OF ANY PORTION OF THIS ARTICLE OCCURRED MAY FILE A COMPLAINT WITH THE CITY CLERK JUST LIKE THEY DID ON KENDRICK.

PERSONALLY, I DON'T THINK Y'ALL HAD ANY STANDING TO FILE THAT COMPLAINT AND THAT COMPLAINT GET RECORDED.

NOW THAT COMPLAINT COMPLAINT IS A PUBLIC RECORD, OKAY? AND, AND I HAVEN'T READ THE COMPLAINT, BUT IT IS POSSIBLE THAT THAT COMPLAINT BE FULL OF S SCARLESS FALSE ACCUSATIONS, BUT IT'S OF RECORD RIGHT NOW.

EVERYBODY ON THE PLANET CAN GET A COPY OF THAT DOCUMENT.

THAT'S, THAT IS WHAT'S CONTEMPLATED HERE.

THAT SAME SCENARIO PRESENTS ITSELF HERE.

THAT'S WHAT IT SAYS.

ANYBODY CAN FILE A COMPLAINT, OKAY? IT IS A PUBLIC RECORD.

THEY COULD ACCUSE YOU GUYS OF SEXUAL, SEXUAL, UH, MISCONDUCT.

OF CRIMINAL MISCONDUCT.

IT'S GONNA BE OF RECORD AND EVERYBODY'S GONNA SEE THAT.

MR. INGER, LET ME, LET ME CLOSE.

I DON'T, I I I REALLY URGE Y'ALL NOT TO GO THERE.

AND, AND BECAUSE THIS, YOU HAD A COMMISSION.

HERE'S WHAT HAPPENS IN A COMMISSION, A COMPLAINT.

THERE'S A COMPLAINT IS HANDED TO THE COMMISSION.

MR. INGER WAR, WERE YOU GONNA GET ME? MR. INGER, IF YOU DON'T MIND STOPPING FOR A MOMENT.

I'M YIELDING MY TIME.

ALL THE PAPERS TOUGH TO READ.

IT IS TOUGH TO READ .

LEGAL.

CAN WE GIVE SOME ADVICE ON THIS? I'M SORRY, MR. MAYOR, WHAT'S THE QUESTION? THEY WERE SAYING THAT THEY HAD ADDED SOME TIME TO MR. INGER, BUT THIS IS HARD TO READ AS FAR AS I'M CONCERNED.

FROM WHAT I UNDERSTAND, WE CAN VOTE TO EXTEND THIS TIME.

WHERE WE ARE, SIR.

WE'RE HERE.

AND WHO'S, UH, SEATING TIME? UH, I THINK MAYBE THIS GUY, DENISE GRAVE.

DENISE GRAVE.

NO, IT'S NOT DENISE GRAVE.

DENISE GRAVE.

DENISE GRAVES IS NOT YIELDING TIME TO HIM.

IF YOU LOOK AT THIS, WE CAN ASK THE ASSISTANCE FOR, FOR CLARIFICATION ON WHO'S YIELDING OKAY.

TIME.

BUT ALTERNATIVELY, IF COUNSEL VOTES FOR IT, YOU CAN'T ADD ADDITIONAL TIME.

SO WHO, ACCORDING TO THIS DOCUMENT, MS. GRAVES, YOU WEREN'T, YOU WEREN'T YIELDING YOUR TIME TO MR. INGER.

UM, IF I'M READING THIS CORRECTLY, UM, WHO, WHO, WHO IS YIELDING TIME TO MR. MUDDING OR WHO'S PAUL? HOLD ON.

WHO'S YIELDING TIME TO MR. INGER? UH, SO I HAVE TWO PEOPLE HERE.

I HAVE MR. REVY AND I HAVE MS. DENISE, WHO, WHICH ONE IS IT? I JUST NEED THREE MORE MINUTES.

SO WHICH ONE IS GOING TO YIELD YOUR TI YIELD YOUR TIME? WHICHEVER ONE YOU SAY.

YOU'VE YIELDED YOUR TIME TO MR. MANAGER.

MR. MR. GER, YOU HAVE THREE MINUTES, AND IF YOU DON'T MIND, YOU FORGOT TO STATE YOUR ADDRESS FOR, UH, FOUR 11 NORTH BURNETT DRIVE.

BAYTOWN, TEXAS 7 7 5 2 OH.

THANK YOU, SIR.

YOU HAVE THREE MORE MINUTES.

CITY OFFICIALS AND THEY'RE SUBJECT TO THAT IN THIS DOCUMENT.

SO, AND LAST BUT NOT LEAST, UH, I STRONGLY URGE YOU TO REFORM THE ETHICS COMMISSION AND GET Y'ALL OUT OF THE CROSS AIRS OF THAT.

'CAUSE ALL OF Y'ALL, TO ALL MANY CITY EMPLOYEES IN THIS ROOM COULD BE THE TARGET OF SQUIRRELS AND FALSE ACCUSATIONS.

OKAY? THAT'S, THAT'S, THAT'S A GIVEN.

BUT WHEN YOU HAD THE ETHICS COMMISSION, HERE'S HOW THEY DO THAT.

RIGHT NOW, THERE'S NO FILTER ON THESE COMPLAINTS.

THE ETHICS COMMISSION, THEY WOULD HAND A COMPLAINT TO THE ETHICS COMMISSION, NOT FILED OF RECORD.

THE ETHICS COMMISSION WOULD THEN APPOINT AN ATTORNEY TO GO INVESTIGATE IT.

AND THEN THAT ATTORNEY WOULD COME BACK WITH HIS FINDING OF, OF A DISMISSAL OR A PROBABLE CAUSE.

AND IN THAT CASE, THEY CALL FOR A PUBLIC HEARING.

AND THAT'S WHEN THE PUBLIC, THE DOCUMENT BECOMES PUBLIC.

THERE'S A FILTER HERE.

THERE'S NO FILTER.

AND THAT'S IMPERATIVE THAT FOR THIS NOT TO HAVE A FILTER IS REALLY NOT A WELL-WRITTEN AMENDMENT.

OKAY? IT, IT PUTS Y'ALL AT RISK OF SCURRILOUS AND FALSE ACCUSATION, ALL OF YOU AND MANY OF YOUR CITY EMPLOYEES, SAME THING.

'CAUSE YOU KNOW WHY THEY'RE

[00:50:01]

IN THIS AMENDMENT.

OKAY? THANK Y'ALL.

I URGE YOU TO NOT GO FORWARD TO VOTE AGAINST THIS.

AND THEN PLEASE, IN THE NEAR FUTURE, 'CAUSE YOU HAVE A COMPLAINT TO INVESTIGATE FARM REFORM, THE COMMISSION AND LET THE COMMISSION INVESTIGATE THAT.

PLEASE.

NEXT WE HAVE, WELL, LET ME ASK THIS QUESTION.

DO WE HAVE ANYONE ELSE YIELDING TIME TO ANYONE ELSE BEFORE WE GO, BEFORE WE MOVE FORWARD? I YIELD MY THREE MINUTES TO BYRON REBECK.

YOU YIELDING YOUR THREE MINUTES TO BYRON REBECK.

THAT IS NOTED.

SO, BYRON REBECK, YOU'RE GOING TO HAVE SIX MINUTES WHEN YOUR CALL.

UH, NEXT WE HAVE MERCEDES RENTERIA.

I'VE ALREADY SPOKEN.

YOU'VE ALREADY SPOKEN.

THANK YOU, SIR.

NEXT WE HAVE JOHN ISAACS.

PLEASE STATE YOUR ADDRESS FOR THE RECORD.

JOHN ISAACS 54 10 BOULEVARD BAYTOWN.

WITH THE AIR, WITH THE COMMISSION.

YOU KNOW, THERE'S A THING CALLED FOX IN THE HEN HOUSE.

YOU DON'T, AND THERE'S A REASON YOU DON'T INVESTIGATE YOURSELF.

THERE'S SEPARATE DEPARTMENTS TO DO IT, AND YOU JUST DON'T WANT IT.

I MEAN, THE PEOPLE, WE DON'T WANT, WE DON'T INVESTIGATE OURSELVES.

THAT'S A RULE.

THAT'S WHAT Y'ALL WOULD BE DOING, IS INVESTIGATING YOURSELVES.

NOW, AS OF HOLDING BACK INFORMATION, IT SHOULD BE AN OPEN RECORD.

IF SOMEBODY FILES A COMPLAINT AGAINST SOMEBODY, I AS A CITIZEN, HAVE A RIGHT TO KNOW.

NOW, IF IT'S FALSE, IT SHOULD BE, YOU KNOW, IT SHOULD BE NOTED IN THERE.

THIS IS WHAT THE FINDINGS WERE, BUT WE SHOULD NOT INVESTIGATE OURSELVES IN ANY FORMS OR MEANS.

IT'S JUST WRONG.

AND IT LEADS TO A VIEW OF PEOPLE, A, A, A VISION OF IMPROPRIETY ON Y'ALL'S PART.

Y'ALL, Y'ALL PUT SOMEBODY, ONE OF Y'ALL OWN THE COMMISSION.

PUT AN ALTERNATE.

IF THE PERSON IS THE COMPLAINANT, THE ALTERNATE TAKES THEIR PLACE AS A PART OF THE BOARD.

YOU KNOW, THAT WAY Y'ALL DO HAVE SOME SAY IN WHAT GOES ON.

BUT YOU SHOULD NOT INVESTIGATE YOURSELF.

YOU KNOW, IT'S, IF EVERYBODY'S HONEST, IT WORKS GREAT.

BUT LET'S FACE IT, I, I DON'T KNOW REALLY ANY OF Y'ALL, NOTHING PERSONAL, BUT I SEE IT GOING ON IN WASHINGTON WHERE THEY INVESTIGATE THEIR SELF AND JUST THROW IT AWAY, YOU KNOW, NOT DO ANYTHING.

WE DON'T NEED THAT HERE IN BAYTOWN.

IF WE NEED TO DO, WE NEED TO PASS AN ORDINANCE THROUGH THE, THE, LIKE THEY DID THE SMOKING ORDINANCE WHERE IT'S REQUIRED TO BE A COMMISSION, BECAUSE WE JUST NEED TO KNOW AHEAD OF TIME IF WE NEED TO GO AHEAD AND DO IT.

NEXT WE HAVE MS. CECILIA RABY.

46 12 COUNTRY CLUB VIEW.

PRETTY MUCH EVERYTHING I WANTED TO SAY HAS BEEN SAID BY MR. INGER, MR. ISAAC.

AND I WANNA, UM, REASSURE WHAT THEY SAID.

UH, IT SEEMS THAT HE USED MY WORDS.

THE CURRENT CODE IS A CASE OF THE FOX GUARDING THE HIN HOUSE.

AND I THINK IT'S TERRIBLE THAT THE COUNSEL WOULD BE INVESTIGATING ITSELF IN A COMPLAINT VIOLATION, UM, BY A BAYTOWN RESIDENT.

I, UH, LIKE THEY WERE SAYING, WHAT, WHAT'S TO PREVENT A SPIRITLESS RETALIATION AGAINST A COUNCIL MEMBER BY ANOTHER COUNCIL MEMBER? WHAT RESIDENT FILES A COMPLAINT AGAINST A COUNCIL MEMBER? SOMEBODY'S GOT AN ISSUE WITH THAT COUNCIL MEMBER.

YOU'VE GOT, MAYBE IT'S PEERLESS RETALIATION GOING ON.

I DON'T LIKE IT.

IT'S A REALLY BAD IDEA.

UM, ALSO, I FOUND IT REALLY CONCERNING THAT AGENDA.

ITEM 11 A IDENTIFIED THE COUNCIL MEMBER UNDER THE COMPLAINT.

IT SEEMS THAT THAT INDIVIDUAL'S IDENTITY SHOULD NOT BE RELEASED.

AND THAT, UH, YOU KNOW, A COMPLAINT HAS BEEN VALIDATED AND MAYBE A DECISION REACHED ON, UH, CONSEQUENCES.

BUT IT'S JUST INAPPROPRIATE THAT IT, IT, THE INFORMATION'S OUT THERE.

UM, I'M REALLY ASKING THE COUNCIL CONSIDER ALL THESE CONCERNS THAT HAVE BEEN ADDRESSED TONIGHT.

THIS IS VERY UPSETTING.

IT, IT'S JUST NOT PROPER.

I DO WANNA SAY THAT KEN GRIFFITH IS A GREAT COUNCILMAN, AND I THINK THIS WHOLE COMPLAINT SHOULD BE DISMISSED.

INVESTIGATING, YOU'RE GONNA BE HEARING COMPLAINTS, AND IT'S NOT GONNA BE FUN.

THANK

[00:55:01]

YOU.

NEXT WE HAVE BYRON REBECK.

PLEASE STATE YOUR ADDRESS.

MR. MAYOR, COUNSEL, 47 27 BLACKSTONE STREET, BEAUTIFUL EAST POINT SUBDIVISION.

UM, I KNOW SOME OF YOU HAVEN'T HAD THE BENEFIT OF, OR THE EXPERIENCE OF GOING THROUGH AN ETHICS COMPLAINT.

I CAN GIVE YOU A LITTLE BIT OF PERSPECTIVE.

I WAS AROUND AND ATTENDED THE ONE FOR A FORMER CITY MANAGER.

UM, THE, THE IDEA OF HAVING AN IMPARTIAL ETHICS COMMISSION THAT'S OUTSIDE OF CITY POLITICS IS CRUCIAL.

AND WE CAN ARGUE THAT IT WASN'T A GOOD IDEA TO HAVE IT AS PASTORS.

WE SHOULD HAVE HAD MORE PEOPLE, YOU KNOW, THAT'S FINE.

THE WHOLE IDEA IS FIGURE OUT A WAY TO HAVE IT AS AN IMPARTIAL BODY TO MAKE INVESTIGATIONS.

IMAGINE IF THERE'S A, I'M JUST GOING TO MAKE AN EXAMPLE.

THERE'S NOTHING THERE, BUT, YOU KNOW, THERE'S A, A, A, A COMPLAINT AGAINST, UH, MR. MR. POWELL, AND THEN YOU GUYS ARE IN CHARGE OF INVESTIGATING THAT COMPLAINT.

WELL, GUESS WHAT? YOU NEED HIS VOTE ON SOMETHING AND YOUR DISTRICT LATER ON.

IS HE GONNA HOLD IT AGAINST YOU? I KNOW HE IS A GOOD GUY.

HE PROBABLY WOULDN'T, BUT I MEAN, I CAN'T SAY THAT FOR SURE.

UH, YOU KNOW, I I, IS THERE GONNA BE ANY KIND OF A TEMPTATION FOR AN IMPROPER RELATIONSHIP TO SAY, HEY, YOU KNOW, CAN YOU GUYS TAKE CARE OF ME? YOU KNOW, I'LL GET YOUR BACK IF YOU GET A COMPLAINT.

I, I, I'M NOT ACCUSING ANYONE OF THAT.

I'M JUST SAYING THERE'S AT LEAST A TEMPTATION OF THAT.

SO THE WAY IT USED TO HAPPEN WAS THAT, UH, NO COMPLAINT WOULD GET PUBLISHED UNLESS THE ETHICS COMMITTEE DECIDED TO HAVE A HEARING.

SO A, A COMPLAINT WOULD BE SUBMITTED.

AN ATTORNEY WOULD REVIEW IT AS MR. MINGER SAID, FIGURE OUT IF IT'S FRIVOLOUS OR VALID, AND MAKE A RECOMMENDATION.

SO WE'VE DEPARTED COMP, EVEN THOUGH WE'RE SAYING THAT, OH, WE'RE FOLLOWING THE ETHICS PROCESS THAT'S IN PLACE.

WE REALLY AREN'T, YOU AREN'T JUST SUBSTITUTING YOURSELF FOR AN ETHICS COMMISSION RIGHT NOW.

AND THE PROBLEM IS, IS THAT THERE'S A COMPLAINT AND YOU DON'T HAVE A WELL-DEFINED PROCESS IN PLACE.

SO THERE'S NO WAY TO CLEAR THIS MAN'S NAME.

IF YOU DO DECIDE TO THAT, IT'S A FRIVOLOUS COMPLAINT.

THAT COMPLAINT IS HANGING OUT THERE.

AND I DON'T KNOW, MAYBE THIS WAS THE PLAN.

UH, BACK IN FEBRUARY LAST YEAR, UH, THE COUNCIL HAD A WORK SESSION AND THEY SAID, UH, YOU ALL SAID VERY CLEARLY THAT, UH, YOU WERE PRESENTED WITH DIFFERENT OPTIONS.

ONE OF 'EM WAS, YOU KNOW, THE COUNCIL SERVING AS AN ETHICS COMMISSIONER.

ANOTHER ONE WAS FORMING COMMITTEES, UH, AN ETHICS COMMITTEE OUTSIDE FOLKS.

THE ONE THING THAT EVERYBODY SAID THEY WERE VERY CLEAR ON WAS THAT THERE SHOULD BE A WELL-DEFINED PROCESS, PERHAPS A NEW FORM, AND, UH, SOMEBODY THAT'S DESIGNATED AS THE INTAKE AND A WELL-DEFINED PROCESS, AND THAT IT WILL BE PUBLICIZED AND FOR THE CITIZENS SO THAT THEY KNOW THAT THERE IS A PROCESS AND THAT'S LEGITIMATE.

AND THIS IS WHAT IT IS.

THAT HASN'T HAPPENED TO MY KNOWLEDGE.

AND I CAN TELL YOU FROM MY EXPERIENCE TOO, I FIND IT INTERESTING THAT, UH, JUST THREE WEEKS AGO AND THE DISTRICT ONE LISTENING TOUR, WE WERE TOLD BASICALLY, UH, WE'RE, WE DON'T NEED AN ETHICS COMMISSION.

UH, UH, WE DON'T HAVE TO WORRY ABOUT THAT.

AND NOW WE'RE STARTING TO DO IT JUST THREE WEEKS LATER, COINCIDENTALLY, AT THE EXACT SAME TIME AS THE ONE GUY THAT'S TRIED TO, UH, STOP SOME OF THE BAD THINGS THAT HAVE BEEN HAPPENING THAT SOME OF YOU HAVE BEEN VERY ANGRY ABOUT.

I DON'T THINK IT'S A COINCIDENCE THAT THESE TWO ITEMS ARE ON THE SAME AGENDA TODAY.

UH, WHAT YOU REALLY SHOULD DO IS, UH, DISMISS ANY PENDING COMPLAINTS AND, UH, SAY THAT THEY'RE IMPROPERLY FILED OR INVALID OR FRIVOLOUS OR WHATEVER YOU WANNA DO.

ANYONE THAT WANTS TO FILE A COMPLAINT, INCLUDING THE ONE THAT I FILED YESTERDAY ON THE CITY MANAGER, UH, SHOULD BE REFILED IF THEY SO CHOOSE TO DO SO, UH, AT ANOTHER DATE AFTER YOU HAVE A DEFINED PROCESS WHERE EVERYONE CAN AGREE ON THE PROCESS, UH, REALLY, AND I AGREE, THIS NEVER SHOULD HAVE GONE ON TO THE AGENDA.

AND, UH, BY THE WAY, THE, THE PERSON THAT FILES THE COMPLAINTS, UH, AGAINST MR. GRIFFITH IS A CITY OFFICIAL HERSELF AND THEIR SUBJECT TO THIS SAME ETHICS COMPLAINT PROCESS TOO.

SO IF WE GET INTO THE, THE DIRT AND THE, AND THE, THE BACK AND FORTH AND THE FIGHTING, YOU GUYS ARE NEVER GOING TO BE GETTING ANYTHING DONE.

IF YOU WANNA SERVE AS THE ETHICS COMMISSION, I'M TELLING YOU, IT'S, IT'S, IT'S GONNA BE A, A A A VERY LONG SUMMER.

YOU WON'T BE ABLE TO GET ANYTHING DONE.

YOU'RE GONNA BE

[01:00:01]

UH, MR. LESTER, I THINK YOU'RE FAMILIAR WITH THIS PROCESS TOO.

I HOPE YOU CAN GIVE YOUR COLLEAGUES A A LITTLE BIT OF INSIGHT ON, YOU KNOW, WHAT IT WAS LIKE TO BE AROUND AT THAT TIME.

I, I UNDERSTAND IT WASN'T VERY FUN.

SO, UH, YOU WANT TO HAVE ONE OF THESE EVERY SINGLE COUNCIL SESSION A COUPLE TIMES A MONTH.

I, I DON'T THINK YOU DO, BUT MAINLY FIGURE OUT A WAY TO GET THIS RIGHT.

WE DO NEED AN ETHICS COMMISSION, HAVE IT AN IMPARTIAL BODY OUTSIDE CITY POLITICS THAT EVERYONE CAN, TR CAN TRUST AND BELIEVE IN.

HAVE A CHARTER REVIEW COMMITTEE MAYBE TO REVIEW THIS SINCE THIS IS A CHARTER CHANGE.

WE HAVEN'T EVEN HAD A TOWN HALL OR A DISCUSSION AND SEE WHAT PEOPLE ACTUALLY WANT IN AN ETHICS COMMISSION.

AND THEN LET'S GO FORWARD AND ANY COMPLAINTS CAN BE REFILED AT A LATER POINT.

THANK YOU, MAYOR.

IS THERE ANYBODY ELSE SIGNED UP TO SPEAK? UH, I'M LOOKING AT THAT NOW.

THAT SEEMS TO BE EVERYONE ON THIS ITEM.

I WOULD ASK FOR COUNSEL TO CONSIDER.

YOU DON'T HAVE TO TAKE ANY ACTION ON FIVE A AND FIVE A CAN HAVE ACTION AFTER THE EXECUTIVE SESSION AS MR. GRIFFIN GRIFFITH HAS PROPOSED AND, AND WAS PASSED BY THE COUNCIL.

BUT I WOULD ASK THE COUNCIL, MAYBE AN AMENDMENT TO THAT IS HAVE A DISCUSSION SO THAT THE CITIZENS CAN HEAR THAT WHAT IS BEING PORTRAYED FROM THE CITIZEN'S SIDE IS NOT ACTUALLY THE CASE WITH WHAT FIVE A IS.

AND THAT WAY Y'ALL CAN TALK OPENLY ABOUT WHAT THAT IS, BUT YOU DON'T HAVE TO TAKE ANY ACTION UNTIL AFTER THE EXECUTIVE SESSION, UH, EXECUTIVE SESSION.

CAN WE OPEN IT UP FOR DISCUSSION? YES, SIR.

YOU CAN STILL, UH, HAVE YOUR DISCUSSIONS HERE AND OPEN SESSION, UM, SINCE WE ARE GONNA, UH, TAKE THE ITEM OUT OF ORDER AFTER EXECUTIVE SESSION, YOU WOULD COME BACK AND VOTE AT THAT TIME.

SO, BUT IT'S PERFECTLY FINE TO HAVE THE DISCUSSION RIGHT NOW SO WE DON'T HAVE TO VOTE TO HAVE THE DISCUSSION SINCE IT IS AN ORDINANCE AND THAT'S GONNA BE A PART OF THE MOTION ANYWAY.

RIGHT? I'M SORRY, CAN YOU ASK THE QUESTION AGAIN? SINCE WE'RE GONNA HAVE A MOTION AND A SECOND ON IT, WE CAN HAVE THE DISCUSSION WITHOUT TAKING A VOTE TO HAVE A DISCUSSION THAT, THAT'S CORRECT.

THAT'S GOOD.

SO DO WE HAVE ANY, UM, QUESTIONS OR COMMENTS? UH, MAYOR, I, I BELIEVE WE WERE STILL WAITING ON MR. FRANCO TO GET HERE SO HE CAN BE INCLUDED IN THE CONVERSATION.

I WOULD NOT, THAT'S TRUE.

MR. FRANCO JUST TEXTED ME THAT HE'S ON HIS WAY.

THAT IS THE CASE.

WHAT I WOULD BE AFRAID OF IS THAT THERE WAS SO MUCH MISINFORMATION JUST PUT OUT THAT IF PEOPLE LEAVE WHILE YOU WAIT FOR THE, THE END OF THIS MEETING, THAT THEY MAY NOT STAY FOR WHAT HAPPENS AT THE END OF THIS MEETING.

AND I'M JUST, I'M, I'M JUST SAYING WHAT, WHAT, SO THAT PROPER FEEDBACK IS GIVEN TO THE CITIZENS ON WHAT THIS IS BECAUSE IT IS NOT A CHARTER CHANGE.

LIKE THERE'S SO MANY THINGS THAT NEED TO BE ADDRESSED.

YEAH, I, WELL, HOLD ON.

TO COUNCIL MEMBERS, APPOINTED MEMBERS, THE CITY MANAGER, THE MUNICIPAL COURT JUDGE, THE ASSOCIATE MUNICIPAL COURT JUDGES.

MR. MAYOR, I, IF YOU'D LIKE, I CAN PROVIDE SOME OF THAT CONTEXT RIGHT NOW.

LET'S DO THAT.

UM, THANK YOU.

SO I'D LIKE TO REMIND, UH, EVERYONE, THE CITIZENS AS WELL AS COUNSEL THAT, UH, YOU ALL DID DISCUSS THIS IN FEBRUARY OF 2024.

AND AT THAT TIME YOU VOTED TO DISBAND THE ETHICS COMMISSION BECAUSE IT WASN'T A WORKABLE PROCESS PRIOR TO THAT VOTE.

WE HAD AN OPEN SESSION AND A, AND A WORK SESSION IN WHICH I GAVE A PRESENTATION, A LITTLE BIT OF THE, THE HISTORY OF THE, THE CHARTER AND THE ORDINANCE.

AND FROM WHAT I, I CAN, UH, BEEN ABLE TO SEE, AND, AND DON'T HOLD ME TO THIS, BUT IT LOOKS LIKE THE CHARTER PROVISION THAT PROVIDES THAT COUNCIL IS THE ARBITER OF PROPER DECORUM, OF ETHICAL BEHAVIOR OF ELIGIBILITY, HAS BEEN IN THE CHARTER SINCE THE CHARTER WAS VOTED ON ORIGINALLY IN THE FORTIES.

THIS, UH, ORDINANCE THAT IS BEFORE YOU TODAY IS JUST A CONTINUATION OF THAT DISCUSSION.

AND IF YOU RECALL DURING THE WORK SESSION, THE NUMBER ONE THING THAT WE DISCUSSED IS THAT ETHICS IS A PRIORITY IN THE CITY OF BAYTOWN.

AND THE ETHICS COMMISSION WAS ALWAYS AN ADVISORY BODY.

IT NEVER TOOK ANY ACTION.

ALL IT COULD DO WAS MAKE RECOMMENDATIONS TO COUNSEL BECAUSE THAT IS RESERVED TO COUNCIL IN THE CHARTER.

ADDITIONALLY, AND, AND LET ME BACK UP A SECOND, THAT, THAT, UH, RESPONSIBILITY IS RESERVED TO COUNCIL IN THE CHARTER WITH RESPECT

[01:05:01]

UH, SO, AND THEN WITH RESPECT TO EMPLOYEES, THE CITY MANAGER IS GIVING THE AUTHORITY TO DISCIPLINE AND DISCHARGE AND CONDUCT, UH, INQUIRIES INTO THE CONDUCT OF THOSE EMPLOYEES.

THOSE ARE CHARTER PROVISIONS.

THIS ORDINANCE DOES NOT CHANGE THAT.

UM, ADDITIONALLY, IF A VIOLATION OF A CRIMINAL LAW WAS, UH, UNCOVERED IN THE COURSE OF AN ETHICS COMPLAINT INVESTIGATION, UH, THIS DOES NOT CHANGE THE FACT THAT THE CITY ATTORNEY, THE DISTRICT ATTORNEY OF CHAMBERS COUNTY, THE DISTRICT ATTORNEY OF HARRIS COUNTY, HAVE THE AUTHORITY TO PROSECUTE CRIMES COMMITTED BY MEMBERS OF THE COUNCIL, UH, EMPLOYEES OF THE CITY.

AND ALSO WE DISCUSSED THAT THE TEXAS ETHICS COMMISSION PROVIDES THE FORMS THAT ARE REQUIRED FOR ETHICAL DISCLOSURES, UH, WHICH YOU ARE ALL, UH, AND EMPLOYEES ARE ALSO REQUIRED TO FILL OUT IF THERE ARE CONFLICTS OF INTEREST THAT ARE DISCOVERED.

SO WHAT WE ARE DOING HERE TODAY IS CONFORMING, UH, THE CODE OF ETHICS TO THE CITY TO, UH, CHANGE THE TERM, UH, ETHICS COMMISSION TO EITHER CITY MANAGER OR CITY COUNCIL, DEPENDING ON THE PERSON WHO IS BEING INVESTIGATED WITH RESPECT TO THE CITY COUNCIL.

YOU ALL WOULD HAVE THE AUTHORITY TO INVESTIGATE A MATTER YOURSELVES IF YOU SO CHOSE, BUT YOU WOULD RETAIN THE AUTHORITY JUST AS IT WAS IN THE ORDINANCE PREVIOUSLY, OR, OR I SHOULD SAY CURRENTLY TO HIRE A LAWYER OR TO USE A LAWYER IN A CITY ATTORNEY'S OFFICE TO SERVE AS THE INVESTIGATING ATTORNEY, TO GATHER THE FACTS AND TO PROVIDE A RECOMMENDATION WITH RESPECT TO CITY EMPLOYEES.

WE CHANGED THAT A LITTLE BIT IN THIS PROPOSED ORDINANCE SO THAT THE CITY MANAGER HAS THE AUTHORITY TO MAKE THOSE DETERMINATIONS OUTSIDE OF A FORMAL HEARING, UH, AS YOU WOULD HAVE TO DO AS A CITY COUNCIL BECAUSE YOU HAVE TO HAVE A PUBLIC MEETING AND TO MAKE THE PROVISIONS AND THE ORDINANCE ALIGN MORE WITH, UH, THE CITY PERSONNEL MAN, UH, CITY PERSONNEL POLICIES, AND THE CITY ADMINISTRATIVE RULES.

SO IN EFFECT, THE ONLY THING THAT WE ARE DOING WITH THIS ORDINANCE IS EXCLUDING THE, UH, ETHICS COMMISSION, WHICH IS WHAT YOU DID IN ORDINANCE NUMBER 15, 7 0 9 LAST YEAR.

AND THEN ON TOP OF THAT, THERE ARE PIECES LIKE TO FURTHER TALK ABOUT THAT CALVIN IS RIGHT, THIS CAN BE WEAPONIZED.

AND IT WAS, UH, TO MR. SHEBAS POINT WITH ME, THERE WAS A, THERE WAS A ETHICAL COMPLAINT FILED ABOUT ME, UH, YESTERDAY.

AND IT GOES ON, THE OVERALL THEME IS THAT TO BE TREATED EXACTLY THE SAME SO THAT I TOO HAVE IT ON FILE, UH, JUST LIKE HOW IT'S LABELED TODAY, RIGHT? THAT WAS THE POINT OF WHAT WAS GOING ON FROM, FROM MY POINT OF VIEW WITH THAT ETHICAL COMPLAINT.

NOW, BEFORE THAT EVEN HAPPENED, THERE WERE ALREADY DISCUSSIONS WITH THE CITY COUNCIL THAT HEY, WE NEED TO BETTER THIS PROCESS, OKAY? BECAUSE, UM, AFTER MR. GRIFFITH AND I TALKED AND THERE WERE OTHER CONVERSATIONS WITH THE REST OF THE COUNSEL AS ME PRE PREPARING FOR THIS AGENDA ITEM, IT BECAME EVIDENT THAT, HEY, THIS COULD GET TRICKY WITH HOW IT IS AND I, AND, AND APOLOGIZE TO, UM, THAT IT WILL BE ON FILE, RIGHT? THAT IT WILL TO CALVIN'S POINT THAT IT WILL BE ON FILE.

AND THERE'S LIKE, I DON'T THINK WHEN COUNSEL ADDRESSED THAT IN FEBRUARY, WAS THAT A TALKING POINT OR A CONSIDERATION? WHAT WAS A CONSIDERATION FROM THIS BODY WAS THAT IT NEEDS TO BE OPEN AND TRANSPARENT AS POSSIBLE AS SOON AS YOU GET SOMETHING UH, FILED, RIGHT? THAT WAS WHAT THIS BODY RECOMMENDED.

AND WITH THAT, AND BASED OFF WHAT THE CHARTER OR WHAT THE ORDINANCE CURRENTLY SAYS, THE ORDINANCE CURRENTLY SAYS THAT WITH THE CONSENT OF COUNSEL, YOU CAN RECOMMEND TO GO TO

[01:10:01]

AN ATTORNEY, AN OUTSIDE ATTORNEY TO, TO INVESTIGATE.

THE ONLY WAY THAT YOU CAN GET CONSENT OF COUNSEL IS TO BRING IT TO THE CITY COUNCIL MEETING TO GET CONSENT.

THAT IS THE ONLY WAY THAT COUNSEL CAN GIVE CONSENT ON AN ITEM.

OKAY? THAT WAS THE ATTORNEY'S, UM, UH, READING OF THE LAW, UH, AND HOW IT GOT ONTO THE AGENDA, UH, THE WAY THAT IT IS.

BASED OFF THOSE FACTORS, FROM WHAT I UNDERSTAND, WHAT WAS BRIEFED TO ME ON THAT PROCESS, UP TO THAT POINT.

CITY MANAGER, I APPRECIATE YOU SHARING ALL THAT, BUT WE DID AGREE AS A COUNCIL TO WAIT ON MR. UM, FRANCO, AND I AM A LITTLE WORRIED THAT THERE HAS BEEN A LOT OF GREAT INFORMATION SHARED, AND I KNOW IT IS IMPORTANT FOR THE CITIZENS AS WELL TO HEAR THAT, BUT I'M LEARNING, UM, A LOT RIGHT NOW AS WELL.

AND I AM CONCERNED BECAUSE WE DID AGREE TO WAIT ON HIM.

DOES ANYBODY KNOW HOW FAR AWAY HE IS? BECAUSE AT THIS POINT I DO FEEL LIKE IT HAS BECOME A DISCUSSION, ALTHOUGH WE HAVEN'T SAID ANYTHING.

THERE HAS BEEN.

WE DIDN'T SAY WE WE DID SAY THE ATTORNEY.

YEAH, YEAH, YEAH.

BUT WE HAVEN'T DISCUSSED IT.

AND MR. FRANCO TEXTED ME AT, AT 7 33 SAYING HE LEFT STERLING.

ALRIGHT.

UM, AND SO I, AND I'M HAPPY TO GO OVER ALL THIS AGAIN.

I, I'M VERY HAPPY TO GO OVER ALL OF IT AGAIN.

AND I THINK MR. LAMONT IS HAPPY TO GO OVER ALL THIS AGAIN.

BECAUSE THANK YOU.

THERE IS FROM, FROM WHAT'S BEEN BRIEFED TO ME ON THIS PROCESS.

'CAUSE THE FIRST THAT I WAS AWARE OF THIS WAS LAST WEDNESDAY, I BELIEVE.

AND THEN AS WE STARTED TO, UH, AS WE STARTED TO WORK THROUGH THIS PROCESS, UM, IDENTIFY THINGS THAT WERE HAPPENING WITH THIS, WITH THIS, AND IT WAS LIKE OKAY.

BALANCING BEING OPEN AND TRANSPARENT, WHICH WAS THE GUIDELINES FROM THE COUNCIL AT THAT TIME WITH WHAT THE CODE SAYS AND HOW IT GOES, HOW IT ALL LAYS OUT FOR EVERYTHING TO BE CONSIDERED.

LIKE THOSE KINDS OF THINGS NEEDS TO BE PUSHED OUT THERE SO THAT PEOPLE UNDERSTAND THAT WHAT THIS FULLY WAS WHEN IT, IT STARTED, UH, BECAUSE IT WAS SUPPOSED TO BE WRAPPED INTO A FULL BOARD AND COMMISSION REVIEW FROM THE AD HOC COMMISSIONS PIECE.

THAT'S WHY IT'S BEEN, IT HASN'T BEEN BACK.

'CAUSE WE WERE WRAPPING UP ALL THAT AT ONE TIME, AND THEN THIS POPPED UP, AND THAT'S WHY MS. SILVERADO AND I STATED WHAT WE DID AT THE LISTENING SESSION BECAUSE WE UNDERSTOOD WHAT THE WHOLE PROCESS WAS ON HOW THIS WAS LAYING OUT WITH THE, UM, UH, THE CODE OF ETHICS OR ORDINANCE CHANGE.

WHERE IT'S ORDINANCE AMENDING.

UM, EARLIER ON IN YOUR, YOUR STATEMENT, YOU SAID THERE HAS BEEN MISINFORMATION OUT THERE.

CAN YOU EXPLAIN FOR US AND EVERYBODY OUT THERE CONCISELY EXACTLY WHERE THE INCONSISTENCIES ARE AND THE MISINFORMATION? YEAH.

IT'S NOT A CHARTER CHANGE'S.

WELL, IT'S AN AMENDMENT THAT'S, IT'S A, IT'S AN ORDINANCE CHANGE.

IT'S NOT A CHARTER CHANGE.

WELL, IT'S AN AMENDMENT RIGHT.

THE CHARTER, THE CHARTER, THE CHARTER, THE ORDINANCE IS SOMETHING THAT COUNSEL CAN DO.

A CHARTER IS SOMETHING THAT THE VOTERS CAN DO.

WE ARE NOT, UH, ALTERING THE CHARTER.

IT'S A ORDINANCE OF, OF THE, THE CODE OF ORDINANCES, IF YOU WANNA EXPLAIN THIS.

AND, AND IF I MAY, IF YOU JUST LOOK AT THE ITEM ITSELF, IT SPECIFICALLY SAYS THAT IT'S AMENDING CHAPTER TWO, ARTICLE EIGHT OF THE CODE OF ORDINANCES.

AND IT'S DOING THAT IN ORDER TO ALIGN THE CODE OF ORDINANCES WITH THE CHAPTER, UH, WITH THE CHARTER PROVISIONS THAT GRANT TO COUNSEL THE OBLIGATION AND, UH, TO, UH, DISCIPLINE ITSELF.

UH, IT ALSO GRANTS TO THE CITY MANAGER THE AUTHORITY TO, UH, DISCIPLINE AND INVESTIGATE STAFF.

AND THAT'S PART OF THE, THAT'S PART OF THE DISINFORMATION WHEN THIS WAS PUT TOGETHER THE FIRST TIME, I BELIEVE IN 2006, WHEN THE ORDINANCE MR. REYNOLDS, I, I, I, I REALLY HATE YOUR CHARACTERIZATION OF MS. NO, MS, GO AHEAD.

SEDATION.

I MEAN, GO AHEAD.

YOU KNOW, THE, THE LAYMAN'S SEEING THIS AND, AND, AND THEY'RE, THEY'RE MAKING STATEMENTS.

SO, I MEAN, IT'S, IT'S, IT'S ALMOST LIKE YOU'RE, YOU KNOW, CALLING THEM A LIAR.

I'M NOT CALLING THEM A LIAR.

I'M SAYING THAT THERE'S MISINFORMATION BEING PUT OUT.

IT'S NOT A CHARTER CHANGE.

IT'S AN ORDINANCE CHANGE.

IN ADDITION TO THAT, THIS IS NOT A WITCH HUNT.

IT'S NOT COINCIDENTAL THAT IT POPPED UP.

IT'S, THERE WAS A, THERE WAS A CODE OF ETHICS VIOLATIONS FILED BY A CITIZEN.

IT, FROM OUR UNDERSTANDING OF THE LAW OR THE CITY ATTORNEY'S UNDERSTANDING OF THE LAW, IT, THE CONSENT OF COUNSEL NEEDED TO BE HAD BEFORE YOU CAN RECOMMEND TO A LAWYER OF WHAT'S GONNA HAPPEN.

THE OTHER MISINFORMATION PUT OUT IS THAT IT'S POLICING YOUR OWN.

THAT'S NOT THE CASE.

THE COUNSEL HAS THE RIGHT TO HIRE AN ATTORNEY THAT'S STATED IN HERE OKAY.

THAT THEY CAN HIRE AN ATTORNEY AND INVESTIGATE THEMSELVES.

THERE ARE, THOSE ARE THE THREE MAJOR THINGS, MR. GRIFFITH, THAT I'M HAPPY TO TALK THOSE AD NAUSEUM.

AND THOSE ARE MAJOR THINGS THAT ARE BEING ALL, UH, ALLEGED AGAINST THIS BODY.

WORKING ON THE AMENDING OF THIS ORDINANCE? THAT'S A GOOD, UM, GOOD DEFLECTION, BUT I WILL PASS IT ON TO MR. LAUREN.

SO, SO HOW LONG SINCE THE FEBRUARY 8TH MEETING, WOULD YOU SAY HOW MANY HOURS LEGAL HAS SPENT

[01:15:01]

I MEAN, THANK YOU FOR, FOR CLARIFYING THAT, BUT, OKAY.

UM, TO ANSWER YOUR QUESTION, LEGAL SPENT DOZENS OF HOURS, DOZENS OF HOURS LOOKING AT THIS ISSUE LAST YEAR, UH, AS WELL AS, AS THIS PARTICULAR ORDINANCE CHANGE.

NOW, I WILL SAY AGAIN, FOR, FOR MR. FRANCO'S BENEFITS, AS HE WASN'T HERE BEFORE, UH, WHILE YOU WERE GONE, WE WERE DISCUSSING SORT OF THE HISTORY OF THE, UH, ORDINANCE THAT IS AT ISSUE.

AND I REMINDED COUNSEL AS WELL, THE CITIZENS THAT BACK IN FEBRUARY OF 2024, COUNSEL DISBANDED THE ETHICS COMMISSION.

THAT WAS PART OF OUR, UH, OVERALL GLOBAL LOOK AT BOARDS AND COMMISSIONS.

AND ONE OF THE RECOMMENDATIONS, AND IN FACT, SORRY, I KNOW YOU'RE REPEATING THE CAN.

ARE WE NOW OPEN FOR DISCUSSION? AND CAN I ASK A QUESTION? I MEAN, I'M, WELL, HOLD ON, HOLD ON.

WE ARE OPEN FOR DISCUSSION SINCE MR. FRANCO WAS HERE.

WAS TALKING ABOUT 'CAUSE I WASN'T AROUND, BUT IN THE PAST, I WAS TOLD THAT IT WAS USED COUNSEL, THE ETHICS COMMITTEE AND COMMISSION WAS USED AGAINST ONE COUNCIL MEMBER TO THE NEXT.

AND, AND I'M FINE WITH IT.

'CAUSE I, I REMEMBER THE FEBRUARY 4TH MEETING.

I THINK THIS IS THE FEBRUARY 4TH MEETING.

GO.

IT'S A DIRECT QUESTION TO THE LAW.

GO AHEAD.

I DID GO BACK AND LOOK AT THAT, THE MEETING, UM, I THOUGHT IT WAS FEBRUARY 8TH, BUT IT WAS FEBRUARY 4TH.

FEBRUARY 8TH, 2024.

THE, THE WORK SESSION, UH, I ACTUALLY HAVE IT DOWN TO THE MINUTES AT MINUTE 14.

WHAT'S REALLY INTERESTING SINCE WE'RE SHARING WITH CITIZENRY IS THAT TWO OF THE PEOPLE THAT SPOKE WERE ME AND KEN.

IF YOU GO TO MINUTE 14, FEBRUARY 8TH WORK SESSION, WHAT I WOULD LIKE TO KNOW, BECAUSE I COULD NOT FIND THIS ANYWHERE, UM, IS WHEN DID WE MAKE THE VOTE TO ALL AGREE ON WHAT WAS AT THE WORK SESSION? AND WAS IT UNANIMOUS? BECAUSE AT THE WORK SESSION, FRANCO AND FORMER MAYOR CAPRIO WERE NOT PRESENT PER THE VIDEO THAT I SAW.

SO I WOULD LIKE TO KNOW AT THE MEETING, WHEN WAS THE VOTE TAKEN? WAS IT UNANIMOUS? AND WAS EVERYONE PRESENT? I CAN'T SAY WHETHER IT WAS UNANIMOUS.

I DON'T RECALL.

BUT THE VOTE WAS TAKEN DURING THE REGULAR MEETING OF COUNCIL, WHICH I BELIEVE WAS HELD ON THE SAME DAY.

THAT VOTE WAS TO DISBAND THE ETHICS COMMISSION ALONG WITH SOME OTHER BOARDS AND COMMISSIONS.

I DON'T REMEMBER WHICH ONES SPECIFICALLY, BUT I DID GO BACK AND CHECK THE ORDINANCE, UH, AGAIN, 15 7 0 9, I BELIEVE THAT WAS PASSED ALSO ON FEBRUARY 8TH, 2024.

AND FOR THOSE THAT ARE HERE THAT DON'T KNOW THIS, UM, MYSELF AND LAURA ALVARADO AND FORMER COUNCILMAN, A COUNCILWOMAN, HEATHER BETTENCOURT WERE PUT ON AN AD HOC COMMITTEE FOR BOARDS AND COMMISSIONS, UH, BY THE FORMER MAYOR CAP.

UM, IT WAS MOSTLY, MOST OF THE WORK, UM, PER HOUR WAS DONE WITH MYSELF AND MS. ALVARADO AS THE CHAIR.

UH, WE WERE, IF, IF YOU'VE ATTENDED A LOT OF MEETINGS, WE WERE GIVEN, UM, A VERY, A BINDER.

I'VE NEVER, I'VE NEVER SEEN A BINDER THAT WAS AS LARGE AS THIS ONE.

IT HAD COMMISSIONS AND BOARDS IN IT GOING ALL THE WAY BACK TO THE BEGINNING OF OUR CHARTER, SUCH AS, UH, THE FINANCE COMMITTEE.

AND I WILL TELL YOU, JUST TO REITERATE TO THE PUBLIC THAT'S HERE, UM, I DEFINITELY WANT AN ETHICS COMMISSION.

I LIKE THE IDEAS THAT WERE, UM, THAT WERE GIVEN TODAY BY THE SPEAKERS.

HOWEVER, IT, IT REALLY IS, AND I DON'T KNOW IF THIS IS THE RIGHT SAYING A CATCH 22, BECAUSE WHEN WE WERE HAVING OUR DISCUSSIONS, WHAT I SPECIFICALLY REMEMBER WAS THINKING THAT WE DIDN'T WANT TO DO AN ETHICS COMMISSION.

OURS FORMALLY, IF YOU DIDN'T HEAR ONE OF THE SPEAKERS, UM, WAS THREE CLERGY.

AND FROM MY UNDERSTANDING, THEY HAD NOT MET IN A VERY LONG TIME.

IRONICALLY, ONE OF THE CLERGY ON THERE, PASTOR VAN BUSK, I KNOW FOR A FACT FROM THE LUTHERAN CHURCH, HAS NOT LIVED IN THIS COMMUNITY FOR OVER 10 YEARS.

SO, ALL OF THAT BEING SAID, WHEN MS. ALVARADO AND MYSELF WERE GOING OVER THIS, UM, ALL THE RESEARCH THAT WAS GIVEN TO US AND LEGAL, UM, YOURSELF AND ONE OF YOUR TEAM MEMBERS ACTUALLY CAME IN, IT WAS REALLY IMPORTANT TO BOTH OF US FOR THE TRANSPARENCY AND, AND, AND, AND THERE TO BE A WAY FOR ETHICS COMPLAINTS TO BE FILED.

UM, HOWEVER, WE WERE TOLD THAT THE STATE ALREADY HAD A SYSTEM IN PLACE.

AND AT THE WORK SESSION, WHEN YOU HEAR MYSELF AND, UH, COUNCILMAN GRIFFITH TALK, WE'RE JUST ASKING SPECIFICALLY ABOUT IS IT EASY TO FIND, UM, HOW IS THE COMPLAINT MADE? DOES IT GO THROUGH ONE LOCATION AT THE CITY? THOSE WERE THE DIRECTIVES GIVEN AT MINUTE 14 AT THE WORK SESSION.

UM, AGAIN, I DIDN'T GO BACK TO THE MEETING, SO I, I DON'T, I APOLOGIZE FOR THAT, BUT I JUST REMEMBER THAT IT, IT SEEMED ALMOST LIKE THE ETHICS COMMISSION WHERE I WAS GONNA GO WITH THE CATCH 22 THING IS THAT IT, IT COULD BE WEAPONIZED.

UM, AND THAT I WAS TOLD IN THE PAST, AND I DON'T KNOW IF THIS WAS MR. WHAT MR. SHEBA WAS,

[01:20:01]

AND SO IT SEEMED MORE APPROPRIATE THAT IT WOULD BE IF IT WAS SOMETHING CRIMINAL, UM, THAT IT WOULD BE FILED, BUT GO THROUGH THE STATE TO A HIGHER LEVEL WHERE WE WOULDN'T BE POLICING EACH OTHER.

AND SO I, WHAT I'M NEEDING CLARIFICATION ON FROM EVERYONE, I COULD NOT WAIT TO TALK ABOUT THIS BECAUSE WE WERE TOLD BY LEGAL, WE WERE NOT, IT WAS PUT IN BOLD CLIENT ATTORNEY PRIVILEGE.

WE WERE NOT TO SPEAK ABOUT ANY OF THIS MM-HMM .

AT ALL WITH ONE ANOTHER AND OR ANYONE IN THE COMMUNITY UNTIL THIS WAS TAKING PLACE.

WHICH WAS VERY SURPRISING TO ME BECAUSE WHEN I GOT ON THE INTERNET, THERE WAS SO MANY DETAILS AVAILABLE TO EVERYONE, AND I, I IMMEDIATELY WAS LIKE, HOW DO PEOPLE KNOW THAT? BECAUSE I'M FOLLOWING THE DIRECTION OF LEGAL.

SO ALL OF THAT BEING SAID, UM, I JUST, I WANT TO KNOW WHAT WE CAN DO TO BE MORE TRANSPARENT MOVING FORWARD WITH HOW THIS IS GONNA WORK.

AND WELL LET, AND I JUST WANT TO INTERJECT.

WE CAN TALK ABOUT THIS ORDINANCE ALL WE WANT TO.

WE HAVE TO BE VERY CAUTIOUS THAT WE DON'T DISCUSS THE COMPLAINTS.

OR THE COMPLAINTS.

I'M GLAD YOU SAID THAT.

BECAUSE THOSE, UNTIL THEY GO FORWARD AS EVEN A COUPLE OF THE MEMBERS HAVE SPOKEN, THOSE ARE CONFIDENTIAL.

SO WE HAVE TO BE VERY CAREFUL WE CAN TALK ABOUT THIS ORDINANCE MM-HMM .

AND AGAIN, I APPRECIATE THE COMMENTS FROM EVERYBODY AS WELL.

UM, STARTED TO JUMP IN, MAYOR, BUT, UH, THIS IS THE FIRST TIME I'VE, I'VE GOT TO SEE IT.

AND YOU KNOW, AGAIN, NORMALLY WITH AN ORDINANCE OF THIS IMPORTANCE, WE HAVE MORE THAN ONE DISCUSSION ON IT.

ABSOLUTELY.

SO, SO THIS IS AT FIRST PLUS THIS IS NOT A BAD DRAFT.

AND THAT'S THE WAY I LOOK AT IT.

CAN IT BE TWEAKED? CAN IT BE A LITTLE BETTER? AS WAS BROUGHT OUT AS AN INDIVIDUAL WHO'S BEEN THROUGH THIS PROCESS, IT NEEDS SOME TWEAKING, BUT IT'S NOT A BAD FIRST, FIRST SHOT.

BUT WE CAN TALK ABOUT THE PROPOSED ORDINANCE.

ALL WE WANT.

WE HAVE TO BE VERY CAREFUL TO NOT TALK ABOUT ANY OF THE POTENTIAL SPECIFICS.

THE ISSUE OF IT'S HELD CONFIDENTIAL UNTIL A HEARING OR WHATEVER.

THE MINUTE SOMEONE FILES A FORMAL COMPLAINT OR WHATEVER WITH THE CITY, IT BECOMES PUBLIC RECORD.

SO I DON'T KNOW HOW WE CAN PREVENT THAT.

AND MR. BECK IS, IS ONE THAT'S VERY GOOD ABOUT GETTING PIS AND PUBLIC INFORMATION.

SO WE HAVE TO BE VERY CAREFUL WITH THAT OF HOW WE ESTABLISH THE PROCESS AND THE PROCEDURES SO THAT WE CAN BE AS RESPECTFUL TO THE COMPLAINANT AND THE COMPLAINT E OR WHATEVER AS WE CAN.

BUT WE CAN TALK ABOUT THE ORDINANCE ALL WE WANT.

WE HAVE TO BE VERY CAREFUL NOT TO TALK ABOUT EITHER ONE OF THE TWO SPECIFIC COMPLAINTS THAT I'M AWARE OF IS OUT THERE.

YES, I UNDERSTOOD THAT.

UM, COUNSEL, IF I MAY TO, UH, PIGGYBACK ON THAT OR MAYBE CLARIFY, YOU ALL CAN DETERMINE WHATEVER PROCEDURE YOU WANT.

EXACTLY.

THIS IS THE RECOMMENDATION FROM STAFF.

YOU COULD TAKE IT, YOU CAN LEAVE IT, YOU CAN CHANGE IT.

BUT, UH, I WANNA MAKE CLEAR THAT BECAUSE THE ETHICS COMMISSION WAS IN FACT DISBANDED.

UH, AND BECAUSE WE HAD, WE, MEANING THE LEGAL TEAM HAD DECIDED TO WAIT UNTIL WE HAD FINISHED WITH ALL OF THE BOARDS AND COMMISSIONS CLEAN UP, WHICH WOULD INCLUDE FOR, FOR THE LEGAL STAFF, UH, DRAFTING PROPOSED RULES OF PROCEDURES FOR, UH, WHATEVER BODIES REMAINED THAT THIS ALSO, UH, WAS CONSIDERED A HOUSEKEEPING MATTER.

IT WAS NOT ON THE FRONT BURNER UNTIL A COMPLAINT WAS FILED BECAUSE OF COMPLAIN FILED.

WE NEED TO HAVE A PROCESS.

AND THAT'S WHAT THIS ORDINANCE IS INTENDED TO BE.

UM, THAT PROCESS IS PART OF THE CODE OF ORDINANCES.

IT IS NOT A CHARTER AMENDMENT.

IT HAS NOTHING TO DO WITH THE CHARTER, EXCEPT IN SO FAR AS IT ALIGNS A PROCESS WITH WHAT EXISTS IN THE CHARTER ALREADY.

SO MY QUESTION, FROM WHAT I KNOW, AND FROM WHAT I'VE HEARD, OUR DISCUSSIONS, WE WOULD NOT BE INVESTIGATING OURSELVES.

WE WOULD BE MAKING A DECISION ON IF WE WANT SOMEONE FOR THE LEGAL DEPARTMENT TO DO IT, OR WE WANT TO HIRE OUTSIDE COUNSEL TO DO IT.

SO THAT'S, SO WE'RE NOT POLICING OURSELVES.

THAT'S TRUE.

THAT'S WHAT I, I WILL SAY THAT THE DRAFT DOES SAY THAT THE COUNSEL HAS THE AUTHORITY TO CONDUCT THE INVESTIGATION OR MM-HMM .

IT MAY HIRE A LAWYER, UH, AND, AND, OR I SHOULDN'T SAY HIRE, OR IT MAY SELECT A LAWYER TO SERVE AS THE INVESTIGATING ATTORNEY.

THERE YOU GO.

[01:25:01]

THAT'S CORRECT.

AND THERE IS, THERE IS TO, TO MR. MING'S POINT, AND TO MR. BECK'S POINT MM-HMM .

THERE ARE OTHER CONSIDERATIONS THAT THIS COUNSEL DOES NEED TO GO THROUGH.

IF THERE IS A, A, UM, A DESIRED EFFORT TO KEEP IT MORE, UM, RESERVED UNTIL IT'S, UNTIL IT'S ACTUALLY A FORMAL INVESTIGATION.

AND SO FROM THE CITY ATTORNEY'S SIDE, FOLLOWING WHAT THE PROCESS WAS DEFINED AS ALREADY MM-HMM .

WAS HOW IT, HOW EVERYTHING LED TO WE NEED TO CHANGE THIS ORDINANCE.

I THINK ONE OF OUR MESS UPS WAS PUTTING IT ON THE BACK BURNER UNTIL, AND I, I KNOW YOU CAN'T SEE INTO THE FUTURE, BUT TO MR. BECK'S POINT, AGAIN, IT, I CAN UNDERSTAND HOW PEOPLE THINK THAT IT LOOKS, THAT IT'S NOT COINCIDENTAL, BECAUSE AS YOU JUST SAID, IT WAS NOT PUT TO THE FOREFRONT OF EVERYTHING.

AND THEN NOW THERE'S A COMPLAINT, AND NOW WE NEED A SYSTEM.

AND SO, UM, I WILL SAY THAT IT, IT DOESN'T LOOK GOOD AT ALL.

AND THEN I HATE THAT IT PLAYED OUT LIKE THIS.

UM, DON'T WORRY.

YOU MAY GET TO DO IT AGAIN.

NEXT MEETING WITH ME.

SO, YEAH.

SO I HEARD, YES.

UH, COUNCIL MEMBER ALDO, I'M SORRY.

THANK YOU SO MUCH.

NO PROBLEM.

AND I APPRECIATE YOU GIVING THE HISTORY.

AND, UM, BACK WHEN WE WENT THROUGH ALL OF THIS, WE WERE TOLD THAT THERE ALREADY WAS A PROCESS.

AND THAT IS FOLLOWING THE TEXAS STATE ETHICS MM-HMM .

RULES AND OUR ORDINANCE AT THAT TIME, WHICH IS WHY WE AS A GROUP FELT, OKAY, WE CAN DISBAND THIS.

BECAUSE THERE WAS A PROCESS AND YOU WENT AND GAVE A POWERPOINT ON WHAT THOSE ETHICS RULES WERE.

NOT JUST FOR, YOU KNOW, US AS A BODY, BUT AS A WHOLE FOR OTHER EMPLOYEES AS WELL.

AND SO ALL OF THAT WAS PRESENTED TO US.

AND SO THAT'S WHY WE FELT AT THAT TIME, AND, AND AGAIN, I'M TRYING TO REMEMBER HERE, 'CAUSE I DID GO BACK AS WELL, UH, AND REVIEW THAT.

AND SO THAT IS WHY WE WENT IN THE DIRECTION THAT WE DID.

AND IT'S, IT'S NOT THAT I SAID WE WOULD NEVER HAVE, UH, UH, AN ETHICS COMMISSION, IS THAT I, WHAT I SAID WAS THAT THERE WAS NOT A NEED TO HAVE AN OUTSIDE COMMITTEE BECAUSE THERE WAS AN INTERNAL PROCESS.

SO I WANTED TO CLARIFY THAT BECAUSE I KNOW THERE'S BEEN A LOT OF CONVERSATION ABOUT WHAT WAS SAID AT MY DISTRICT MEETING.

IT'S NOT THAT WE WOULDN'T HAVE ONE, IT'S THAT WE WERE TOLD THERE WERE ALREADY A PROCESS.

AND OUR, OUR GUIDANCE IN REVIEWING THE ALL OF THE DIFFERENT BOARDS AND COMMISSIONS WAS TO REDUCE REDUNDANCY, WHICH IS WHAT WE FELT WE WERE DOING AT THAT TIME.

COUNCIL MEMBER, THANKS FOR, FOR BRINGING THAT UP.

AND MM-HMM .

LET ME CLARIFY, IN CASE THERE'S ANY MISCOMMUNICATIONS OR MISUNDERSTANDINGS, THERE IS A PROCESS.

UM, AND IF WE DON'T DO THE CLEANUP RIGHT NOW, WE'LL STILL HAVE A PROCESS BECAUSE THE CHARTER SAYS THAT YOU ALL MUST MAKE THE DETERMINATIONS ABOUT ELIGIBILITY AND CONDUCT FOR YOUR OWN MEMBERS.

SO WHEN WE DISCUSSED THIS LAST YEAR, THE CONVERSATION CENTERED AROUND THE FACT THAT AS THE ULTIMATE AUTHORITY, NOTHING IS GOING TO CHANGE.

AND THAT THE CITY CLERK'S OFFICE ALREADY HAD A FORM PREPARED THAT IF A COMPLAINT CAME IN, INSTEAD OF GOING TO AN ETHICS COMMISSION, IF IT WAS A PUBLIC OFFICIAL CITY MANAGER, UH, ASSOCIATE JUDGE, MUNICIPAL COURT JUDGE, UH, BOARD MEMBER, IT WOULD GO TO YOU ALL.

IF IT WAS AN EMPLOYEE, IT WOULD GO TO THE CITY MANAGER.

SO, I DON'T WANT TO GIVE THE IMPRESSION THAT THERE IS NO PROCESS.

I WANT TO GIVE THE IMPRESSION THAT, UH, BEFORE WE START, UH, INVESTIGATING A COMPLAINT FORMALLY, WE SHOULD MAKE CHANGES TO THE CODE OF ORDINANCE THAT WILL, UH, ALLOW FOR A TRANSPARENT PROCESS TO, TO, TO HAPPEN.

SO I THINK THE FIRST STEP BEFORE YOU BEGIN THE FORMAL PROCESS OF LOOKING AT A COMPLAINT IS TO DETERMINE WHETHER THIS PROPOSED ORDINANCE, UH, SATISFIES YOUR CONCERNS AND DEMANDS MM-HMM .

AND IF NOT, WE'LL CHANGE IT HOWEVER YOU'D LIKE.

UM, AND, AND AGAIN, TO ME, I, I THINK THE CLARIFICATION THAT IT IS AN ORDINANCE VERSUS A CHARTER, IT'S NO DIFFERENT THAN CONSENT ITEM SEVEN A, WHERE WE'RE APPROVING AN AMENDMENT, AN ORDINANCE TO APPROVE AN AMENDMENT TO THE FINANCIAL AGREEMENT.

AND MR. MAYOR.

[01:30:01]

SO IT'S NO DIFFERENT THAN THAT.

THAT IS CORRECT.

AND IF I CAN MAKE ONE MORE COMMENT, SINCE THIS HAS COME UP A COUPLE TIMES, UM, WHEN WE TALKED, UH, LAST YEAR ABOUT THE STATE ETHICS COMMISSION, WE TALKED ABOUT IT IN TERMS OF THE BODY THAT PREPARES THE FORMS THAT ARE REQUIRED WHEN CONFLICT OF INTEREST ISSUES, WHICH ARE, UH, ETHICAL CONSIDERATIONS COMES UP.

UH, IT'S ALSO A BODY THAT WE CAN ASK QUESTIONS ABOUT ETHICAL CONDUCT.

TWO, THE STATE ETHICS COMMISSION DOES NOT INVESTIGATE LOCAL GOVERNMENT OFFICIALS CONDUCTS.

SO I WANNA MAKE SURE THAT, UH, WE HAVE THAT PROPER UNDERSTANDING.

YOU NEED TO SPEAK MR. POWELL.

I JUST WANT TO ASK A COUPLE QUESTIONS JUST FROM MY UNDERSTANDING.

UM, YOU KNOW, FROM, FROM THE COMMENTS THAT WERE MADE.

AND I THANK ALL OF Y'ALL FOR COMING OUT AND, AND SHARING YOUR COMMENTS.

UM, I GOT A LOT OF EMAILS ON THIS AS WELL.

UM, AND IF I HAVEN'T REPLIED TO YOU YET, GIMME SOME TIME.

THERE WAS A LOT TO GO THROUGH, BUT I WILL.

UM, SO A COUPLE THINGS THAT WERE SAID, UM, OBVIOUSLY MULTIPLE PEOPLE SAID, YOU KNOW, THEY DID, THEY DON'T THINK WE SHOULD INVESTIGATE OURSELVES.

UM, AND I AGREE WITH THAT.

UM, BUT I WANTED SOME CLARIFICATION ON HOW THIS WOULD'VE HAPPENED WHEN WE STILL HAD THE ETHICS COMMISSION.

BECAUSE MY UNDERSTANDING IS THAT THEY STILL WOULD'VE MADE A RECOMMENDATION TO THIS BODY.

ULTIMATELY, IT'S GONNA COME TO COU, IT WOULD'VE COME TO COUNCIL BEFORE THE SAME AS IT WILL IN THIS NEW PROCESS.

SO THERE'S, I DON'T SEE A WAY WE DON'T AT SOME POINT IN THE PROCESS INVESTIGATE OURSELVES.

AM I CORRECT IN THAT? THAT IS CORRECT.

THAT'S, UH, UNDER THE CHARTER, YOU, THE ULTIMATE DECISION MAKER UNDER THE, UH, CURRENT ORDINANCE THAT STILL CONTAINS THE WORDS ABOUT THE EFFICACY COMMISSION.

THAT BODY WAS ADVISORY ONLY.

IT DID NOT MAKE ANY DECISIONS.

IT MADE RECOMMENDATIONS TO COUNSEL, AND THEN COUNSEL WOULD MAKE A DECISION.

IT ALSO HAD THE AUTHORITY WITH COUNSEL'S APPROVAL TO ASK AN ATTORNEY TO SERVE AS THE INVESTIGATING ATTORNEY.

SO, IN ESSENCE, THAT DOES NOT CHANGE.

UH, YOU ALL CAN STILL, UH, RETAIN AN INVESTIGATING AUTHORITY, UH, ATTORNEY TO INVESTIGATE THE FACTS, PROVIDE THE LAW, AND PROVIDE A REPORT TO YOU.

SO THE ONLY THING THAT CHANGES THERE IS, UH, THE WORD ETHICS COMMITTEE IS REPLACED WITH THE CITY COUNCIL.

AND THEN, UM, I BELIEVE IT WAS MR. INGER, UM, MADE A COMMENT TO THE EFFECT OF, UM, IF, IF THE COMMISSION FOUND IT TO BE A FRIVOLOUS COMPLAINT, THAT IT, IT NE IT KIND OF JUST WENT AWAY, WAS NEVER MADE PUBLIC RECORD.

SO, BUT IS THAT, IS THAT THE CASE OR WOULD THEY, THEY STILL HAVE TO COME MAKE A RECOMMENDATION THAT THIS WAS FRIVOLOUS MM-HMM .

AND IT WOULD BE PUBLIC RECORD AT THAT POINT.

THE ETHICS COMMISSION WOULD'VE STILL HAD TO MAKE A RECOMMENDATION THAT COUNSEL FOUND THE COMPLAINT TO BE FRIVOLOUS.

COUNSEL UNDER THE ORDINANCE DID NOT HAVE TO FOLLOW THAT RECOMMENDATION.

HE'S ASKING IF THERE WAS A PUBLIC RECORD, UH, IT WOULD BE A PUBLIC RECORD.

THEY HAVE TO MAKE A PUBLIC RECORD.

IT WOULD BE A PUBLIC RECORD.

THAT'S A MATTER OF LAW.

THAT'S, THAT WOULD BE UNDER STATE PUBLIC INFORMATION ACT LAW.

AND SO, FROM HOW I'M READING THIS, THE, THE BIG CHANGE IS THAT WITHOUT THE, I MEAN, BEFORE A COMPLAINT WOULD'VE GONE TO THE ETHICS COMMISSION, THEY CAME TO US WITH A RECOMMENDATION AND WE HAD TO ACT ON THAT.

NOW, IT BASICALLY COMES STRAIGHT TO COUNCIL AND WE CAN USE, UH, CITY ATTORNEY OUTSIDE LEGAL HELP TO DO THE SAME THING.

MAKE A RECOMMENDATION.

THAT IS CORRECT.

IS MAKING AN IMPARTIAL BODY.

'CAUSE, AND I MEAN, THE WAY I, THE WAY I, UM, SEE THIS, UH, I AGREE WITH ALL THE COMMENTS THAT, UM, IT NEEDS TO BE, UH, AN IMPARTIAL, UM, MM-HMM .

SOMEWHAT IMPARTIAL DOING THAT INITIAL, UH, LOOK AT THE, LOOK AT THE, UM, DETAILS OF THE COMPLAINT AND DO THAT INITIAL INVESTIGATION.

MY STRUGGLE IS THAT, UH,

[01:35:01]

UM, 'CAUSE EVEN WITH THE, UM, UH, THE CITIZENS, UM, IF, IF IT'S A GROUP OF CITIZENS, UM, I MEAN, I LOOK AROUND THE ROOM AND I KNOW MANY OF YOU MM-HMM .

UM, AND SO I WOULD THINK, UH, IF THERE WERE A FILE, A, A, A COMPLAINT FILED AGAINST ME, THAT IT MIGHT, MIGHT BE DIFFICULT, UH, FOR YOU TO, UM, DO THAT IN AN OBJECTIVE FASHION.

UM, UH, SO I, SO I THINK I, I AGREE THAT WE NEED TO HAVE, UH, WE DON'T NEED TO DO THE INVESTIGATION OURSELVES.

I THINK THERE NEEDS TO BE, UM, SOME OUTSIDE PARTY THAT DOES THAT.

I DON'T KNOW THAT A GROUP OF CITIZENS IS THE RIGHT WAY TO DO THAT, EITHER.

I DON'T THINK IT'S CITY STAFF EITHER.

UH, MR. CITY ATTORNEY, NO OFFENSE, NO OFFENSE TO, UM, I MEAN, IN MY MIND, THE BEST, NOT A BAD IDEA, BY THE WAY.

, IN MY MIND, THE BEST WAY IS TO GET SOMEONE COMPLETELY OUTSIDE OF THE CITY OF BAYTOWN.

UM, AND THIS, THIS, UM, GIVES US THAT OPTION.

UH, I, MAYBE AN IMPROVEMENT WOULD BE THAT WE JUST SAY THAT'S THE WAY WE'RE GONNA HANDLE IT.

INSTEAD OF THAT BEING, ONE OF THE OPTIONS OPEN TO US IS THAT WE'RE JUST GONNA GET, UM, YOU KNOW, UH, AN OUTSIDE LEGAL OPINION.

SOMEONE THAT HAS NO TIE TO THE CITY IN ANY WAY.

UM, AND SO THAT, THAT'S ONE, I THINK THAT'S THE MAIN CHANGE THAT I WOULD LIKE TO SEE IN THE ORDINANCE AS IT'S WRITTEN.

BUT, AND THAT'S WHAT WE'RE HERE TO DO.

THAT'S CORRECT.

THAT, THAT'S WHAT WE'RE HERE TO DO.

UM, CITY ATTORNEY, CITY MANAGER, I THANK YOU FOR TAKING THE TIME.

TO, UM, CLEAR UP THE MUDDY WATER, IS HOW I'LL PUT IT.

UM, I THINK CITIZENS HAVE A BETTER UNDERSTANDING OF WHAT WE ACTUALLY CAME HERE TO DO TODAY, ACCORDING TO ITEM FIVE A.

WELL, MR. MAYOR, WELL, HOLD ON A SECOND.

UM, NOW I KNOW THAT MR. FRANCO HAS BEEN TAPPING ME.

WELL, YOU DIDN'T TAP ME.

YOU'VE BEEN RAISING YOUR FINGER.

UM, AND I WASN'T GONNA SPILL YOUR WATER .

I HAVEN'T GOT, YEAH.

BUT, UH, HE HASN'T BEEN HERE, AND I'M, I THINK IT WOULD BENEFIT ALL OF US TO HEAR HIS COMMENTS.

SO, COUNCILMAN FRANCO, I, I JUST WANT, LIKE I SAY, I WANT TO, UH, APOLOGIZE FOR GETTING A LITTLE LATE, UM, SENIOR EVENT FOR MY DAUGHTER.

AND, UM, I DIDN'T GET TO HEAR A LOT THE COMP, UH, THE CITIZENS' COMMENTS.

UH, I DID GET TO TALK TO A FEW PEOPLE ABOUT THIS ORDINANCE, UH, KIND OF POLL A LITTLE BIT OF THE PEOPLE THAT ARE IN MY, IN, IN MY DISTRICT AND IN KIND OF SEE WHAT, WHERE WE'RE HEADING AT.

AND THEN I GOT TO ASK MR. LABON A LOT OF QUESTIONS ABOUT THAT.

AND MR. POWELL KIND OF WAS GOING DOWN THE SAME ROUTE I WAS GOING WAS, YOU KNOW, WHERE THIS KIND OF ULTIMATELY CAME BACK TO COUNSEL, UH, FOR THAT FINAL DECISION.

I GUESS ONE OF OF MY OTHER QUESTIONS WAS IF THE, THE FORMER, IF THE, THE FORMER COMMISSION OR COMMITTEE, UH, ADVISORY COMMITTEE HAD ASKED, ADVISED THAT WE NEED TO GO TO A THIRD PARTY LAWYER, IT'S, AND THE COUNCIL SAID, NO, WE DON'T WANT NEED TO, WE WOULD'VE COUNSEL DECIDED, CORRECT? THAT'S CORRECT.

UNDER THE, THE CURRENT ITERATION OF THE, THE ORDINANCE, UH, THE, UH, ETHICS COMMISSION COULD ONLY RETAIN, UH, A LAWYER TO DO THE INVESTIGATION AND WRITE THE REPORT IF COUNSEL CONSENTED.

AND, AND SO IF COUNSEL DIDN'T CONSENT IT, IT STILL, IT WOULDN'T HAVE WENT TO LAWYER.

AND, AND I, I DO THINK WE DO NEED AN IMPARTIAL, UH, I, I BELIEVE WHAT, WHAT JAKE, WHAT COUNCILMAN POWELL SAID OUTSIDE OF THAT.

AND, AND THE OTHER PART IS KIND OF ALSO ON THE OTHER PART, IS THAT OUR CONSTITUENTS VOTED US IN HERE TO, BECAUSE THEY, THEY, THEY TRUSTED OUR JUDGMENT.

AND, AND, BUT THIS IS A VERY DIFFICULT, WE DON'T NEED TO POLICE OURSELVES LIKE THAT PART.

AND I, I, I AGREE WITH THAT.

UM, I JUST WANTED TO KIND OF APOLOGIZE THAT I DID NOT GET TO GET TO Y'ALL'S COMMENTS, UM, AND HEAR THE COMMENTS, AND I APOLOGIZE.

I WILL GO AND WATCH 'EM ALL AND GO THROUGH 'EM ALL.

AND, UH, LIKE I SAID, I'M GOING THROUGH EMAILS AND RESPONDING TO THOSE THAT I CAN RESPOND TO.

UM, I JUST, LIKE I SAID, I WANTED TO APOLOGIZE FOR NOT GETTING HERE IN TIME.

I JUST WOULD STRUGGLE, UH, WITH THAT, I'M GONNA KIND OF KEEP GOING, LISTENING TO EVERYBODY'S COMMENTS AND APPEAR AND, AND MOVE FORWARD WITH THAT.

UM, UM, MR. LAMONT, UM, ON THE APPLICATION FOR THE, UM, ETHICS COMPLAINT, UH, IN THE SECTION WHERE YOU'RE FI WHEN YOU FILL IT OUT, UH, IT SAYS THAT THE ETHICS COMMISSION HAS JURISDICTION ONLY.

IT, IT ADVISES THE APPLICANT TO FILL OUT THE APPLICATION ACCORDING TO THE CODE OF CONDUCT IN SECTION TWO DASH 8 0 3.

CAN, IF THIS COMMITTEE RECEIVE IT, IF IT'S NOT FILLED OUT ACCORDING TO THAT SECTION, BECAUSE THEY DON'T, THEY ONLY HAVE JURISDICTION TO DISCUSS ITEMS IN SECTION TWO DASH 8 0 3, RIGHT? UH, I BELIEVE IT'S 8 0 6, BUT I, NO, NO, NO.

IF THAT PORTION IS NOT FILLED OUT,

[01:40:01]

AND, AND THOSE CODE OF CONDUCT, BY THE WAY, THEY'RE, THEY'RE OBJECTIVE CODES ARE NOT SUBJECTIVE, BUT THEY'RE TIED TO PENAL CODES AND VTCA, UH, STATE REGULATIONS.

LET ME ANSWER THAT QUESTION BY SAYING IF THAT'S WHAT THE FORM SAYS, I HAVE IT HERE.

THE, THE ORDINANCE, THE CURRENT ORDINANCE DOES NOT LIMIT THE AUTHORITY OF THE ETHICS COMMISSION IN THAT MANNER.

I WILL ALSO SAY THAT A FORM WOULD NOT BE ABLE TO LIMIT THE AUTHORITY OF THIS BODY.

UM, IF THAT'S WHAT THE FORM SAYS, IT'S MORE LIMITING THAN THE CURRENT ORDINANCE, AND IT'S ALSO MORE LIMITING THAN THE, UH, CHANGES THAT WE PRESENTED TO YOU TODAY.

SCOTT LAMONT, THANK YOU.

BUT I DON'T THINK YOU'VE QUITE ANSWERED MY QUESTION.

I'M GONNA READ THE APPLICATION PROCESS.

THE APPLICATION, WHAT'S ON THE APPLICATION HERE FOR THE ETHICS COMMITTEE.

IT SAYS, INCLUDE SPECIFIC LAW X RULE ALLEGED TO HAVE BEEN VIOLATED IF POSSIBLE.

THE ETHICS COMMISSION OF THE CITY OF BAYTOWN HAS JURISDICTION PERTAINING ONLY TO THE STANDARDS OF CODE OF CONDUCT LISTED IN SECTION TWO DASH 8 0 3 OF THE CODE OF ORDINANCE OF BAYTOWN, TEXAS.

SO MY, SO MY QUESTION IS, IF THIS IS NOT FILLED OUT PROPERLY, ACCORDING TO THIS CODE, CAN THE, CAN THE ETHICS, UH, CAN ETHICS COMMISSION FILE IT AND AND PROCEED WITH THE INVESTIGATION WITHOUT THIS FILLED OUT CORRECTLY? YES.

A COURT, IF THAT'S, AND I BELIEVE YOU, I, YOU, I JUST HEARD, UH, WHAT YOU SAID, COUNCIL, BUT DON'T HAVE JURISDICTIONS TO, TO HAVE THE INVESTIGATION.

BUT THAT STATEMENT WOULD NOT BE AN ACCURATE STATEMENT OF THE LAW.

THEN WHY IS IT ON THE APPLICATION? I COULD NOT TELL YOU THAT, SIR.

SO, AND THAT JUST NEEDS TO BE, THE FORM NEEDS TO BE UPDATED BECAUSE THE HOW ETHICS COMMISSION, HOLD ON A SECOND.

THE ETHICS COMMISSION WAS DISBANDED IN FEBRUARY.

I I ALSO HAVE THE FLOOR.

HOW CAN THE ETHICS COMMISSION STILL, THE ETHICS COMMISSION WAS DISBANDED IN FEBRUARY, 2024.

I, I GET THAT.

I UNDERSTAND THAT.

BUT ACCORDING TO THE FORM, IF WE HAD MR. POWELL ASKED EARLIER MM-HMM .

IF WE HAD AN ETHICS COMMISSION, WHAT, WHAT WOULD ETHICS COMPLAINT MOVE FORWARD? AND I, WHAT I'M TRYING TO DEMONSTRATE IS, ACCORDING TO THIS FORM, IF THERE WAS AN ETHICS COMMITTEE MM-HMM .

THEY WOULD'VE, IN, IN THE CASE, IN MY CASE, I'M NOT GONNA TOUCH THE SPECIFICS, BUT IN MY CASE, IF THERE WAS AN EXTRA COMMITTEE, THEY WOULD'VE SEEN THIS AND INSTRUCTED THE, THE COMPLAINANT TO REFILE UNDER SECTION TWO DASH 8 0 3, BECAUSE THEY ONLY HAVE DI JURISDICTION ACCORDING TO WHAT THIS WRITING IS ON THE FORM OVER SECTION TWO DASH 8 0 3.

BUT NOW THAT THE CITY COUNCIL, BECAUSE THE ETHICS COMMISSION WAS DISBANDED, OKAY.

THE FORM GOES TO THE CITY COUNCIL, AND THE CONSENT OF CITY COUNCIL THEN MAKES A DECISION ON WHAT HAPPENS WITH THAT.

OKAY? WHAT, WHAT CODE, WHAT CODE OF ORDINANCE IN ARTICLE IN, IN ARTICLE THREE GIVES, GIVES TO THE COUNCIL AT, RIGHT.

AS IT STANDS RIGHT NOW, WHAT CODE IN AR, IN, IN, IN, IN ARTICLE EIGHT GIVES CITY COUNCIL THAT AUTHORITY.

RIGHT NOW, I THINK MR. LAMOND OUTLINED THAT AT THE BEGINNING, THAT THE CHARTER SAYS THAT THE CITY COUNCIL OVERLOOKS THE ETHICS.

AND THEN ON TOP OF THAT, WITH THE CURRENT, WITH THE CURRENT CODE, I DON'T ACTUALLY HAVE THE CURRENT CODE UP HERE IN FRONT OF ME RIGHT NOW, BUT THE CURRENT, THE CURRENT CODE DOES SAY WITH THE CONSENT AND COUNSEL, COUNSEL IN THE FIRST PARAGRAPH, MR. MR. MR. PAT, MR. HE CAN ANSWER.

SO, SO AGAIN, AS THIS COMMISSION CAN'T EVEN FILE THIS, AND THEY, THEY CAN'T EVEN DO IT.

SO THE PROCESS, THERE'S NO MECHANISM FOR THAT.

ACCORDING TO THE, THE ETHICS COMMISSION, I GUESS WHAT WE'RE TRYING TO CONVEY IS THE ETHICS COMMISSION DOES NOT, IS NOT PRESENT.

THE ETHICS COMMISSION IS NO MORE.

THAT'S THE PROBLEM.

RIGHT NOW, THE PROBLEM IS, BUT HOLD ON.

THE CITY COUNCIL IS, SO IT'S, IT'S STILL PART OF THE ORDINANCE MAYOR, BUT RIGHT NOW THIS IS STILL PART OF THE ORDINANCE.

IT'S STILL PART OF THE ORDINANCE.

IT SOUNDS LIKE WE'RE ACTUALLY GETTING OFF TOPIC AND WE'RE DISCUSSING, I BET WE'RE ON TOPIC.

WE WE'RE ACTUALLY DISCUSSING THE COMPLAINT, THE, THE COMPLAINT.

AND I'M NOT, YEAH.

AND,

[01:45:01]

AND HOW IT WAS FILED.

I'M GIVING THE, I'M GIVING THIS COMPLAINT AS AN EXACT, HE'S GIVEN A HYPOTHETICAL AS IF TO DEFINE THE PROCESS.

I UNDERST I IT CAN BE CONSTRUED FROM BOTH SIDES FOR THIS BODY RIGHT NOW.

THAT IT'S DEFENDING A COMPLAINT THAT'S IN PROCESS.

ALSO, IT'S A HYPOTHETICAL, UM, OVER THE SAME TERM.

SO DEPENDING ON WHAT THIS BODY SAYS OUT LOUD, MAY DETERMINE HOW TO ANSWER THE OTHER SIDE.

THAT'S THE DILEMMA THAT BOTH OF Y'ALL ARE TALKING ABOUT RIGHT NOW MM-HMM .

UM, BUT FROM MR. GRIFFITH'S POINT OF VIEW, IT ACTUALLY IS A HYPOTHETICAL TO WHAT HAPPENS WITH THE PROCESS.

I THINK MR. LAMOND AND I ARE TRYING TO ANSWER THAT.

YES, IT MAY SAY THAT ON THE FORM, BUT THE CITY COUNCIL STILL HAS THE AUTHORITY TO RECEIVE AND PROCESS ANY ETHICS COMPLAINT, JUST AS THEY WILL DO WITH MINE.

THAT WAS FILED AGAINST ME.

NEXT, AT THE NEXT MEETING.

UH, I, I WILL, I WILL SAY THIS.

THANK YOU FOR THAT.

I WILL SAY THIS IS THAT I LIKE THE WORDING ON THE APPLICATION.

I THINK IT'S IMPORTANT THAT IT BE IN THE ARTICLE, IN THE ORDINANCE THAT WILL ELIMINATE, UM, A LOT OF FRIVOLOUS COMPLAINTS SHOWING UP ON OUR DOORSTEP.

YOU SEE WHAT I'M SAYING? I UNDERSTAND THE, I, I, I DON'T THINK WE SHOULD GET RID OF THE WORDING ON THE APPLICATION.

I THINK THE WORDING ON THE APPLICATIONS TO REFLECT WHAT'S IN THE ARTICLE.

AND IF WE'RE GONNA MAKE ANY CHANGES, WE NEED TO, TO THE AMENDMENT, TO THE ORDINANCE, WE NEED TO START THERE.

BUT I, I THINK SO.

I MEAN, I MEAN, BECAUSE THEY HAVE TO REFERENCE, THEY HAVE TO REFERENCE, REFERENCE WHAT THEY'RE COMPLAINING BY UNDER OATH.

MR. MAYOR, IF I MAY, AND, AND COUNCIL MEMBER, I DON'T WANT TO GET INTO A, A, A DEEP DISCUSSION OF THIS OR, OR A DISAGREEMENT, BUT I WILL SAY AGAIN, THAT THE LANGUAGE ON THE FORM IS NOT CONSISTENT WITH ARTICLE EIGHT.

SO, UH, IF YOU WERE TO, TO WANT THAT LANGUAGE IN THERE, UH, YOU WOULD HAVE TO MAKE THE, THE CHANGES TO ARTICLE EIGHT MORE LIMITING, JUST CLEAN UP A LOT.

I I THINK WE SHOULD MAKE THAT AMENDMENT.

IT WILL CLEAN UP A LOT.

IT'LL, IT'LL, IT'LL EASE A LOT OF ISSUE.

HOWEVER, DIRECTION WE'LL GO.

IT WILL EASE, IT'LL EASE A LOT OF, UM, TIME AND EFFORT ON CITY COUNCIL OR WHOEVER COMMITTEE WE, WE DO THAT WITH.

THE ARTICLE NEEDS TO REFLECT THE APPLICATION.

MR. MAYOR, IF I MAY GO AHEAD.

UM, AND, AND I BELIEVE THAT'S AN AMENDMENT THAT WE CAN DO ALONG WITH WHAT'S IN HERE.

UM, UH, YOU KNOW WHAT, I DID GET AN OPPORTUNITY ON THE REQUEST OF MY COMMITTEE MEMBER HERE TO LOOK AT, UM, WHAT ANOTHER CITY DOES.

AND THEY WERE VERY SPECIFIC THAT, UM, IF WHATEVER COMPLAINT CAME IN WAS TIED SPECIFICALLY TO THE CODE, THEN IT WOULD WARRANT CONTINUING THE PROCESS.

AND SO I THINK THAT THAT WOULD BE A VALID, UM, POINT TO INCLUDE.

SO GOING FORWARD, DO WE NEED TO AMEND THIS TO ADD THAT INTO IT? THAT IS COMPLETELY UP TO YOU.

HOWEVER, UM, YOU HAVE ALREADY DECIDED TO TAKE THIS OUT OF ORDER.

THERE ARE SOME, UH, DISCUSSIONS THAT WE DO NEED TO HAVE IN EXECUTIVE SESSION.

IF THAT'S THE DIRECTION YOU'D LIKE TO GO.

TO FIVE B, BUT PULL FIVE B THAT'S CORRECT.

SO WE'RE GOING TO STILL VOTE ON THIS AFTER THE EXECUTIVE SESSION.

THAT'S WHAT WE'VE, THAT'S WHAT WE'VE, UM, AGREED TO DO.

IF WE DON'T HAVE ANYONE ELSE WITH ANY COMMENTS, WE'RE GOING TO MOVE ON TO FIVE C.

WELL, WE'RE GOING TO MOVE ON

[b. Consider an ordinance authorizing an Architectural Services Contract to M. Arthur Gensler Jr. & Associates, Inc. "Gensler" for Master Planning Services for a multiuse facility and surrounding district.]

AND MOVE ON TO FIVE

[c. Consider an ordinance authorizing a Payment in Lieu of Taxes (PILOT) Agreement among the City of Baytown, Azure Houston Investment Partners, LP, and 8121 Parkside, LP. concerning property located within Chambers County Improvement District No. 3. ]

CONSIDER AN ORDINANCE AUTHORIZING A PAYMENT IN LIEU OF TAXES AGREEMENT AMONG THE CITY OF BAYTOWN, AZURE, HOUSTON INVESTMENT PARTNERS, LP AND 81 21 PARKSIDE LP.

CONCERNING PROPERTY LOCATED WITHIN CHAMBERS COUNTY IMPROVEMENT DISTRICT THREE, MR. BRIAN MORAN.

HELLO, GOOD EVENING, MAYOR AND COUNSEL.

UH, BRIAN MORAN, UH, ECONOMIC DEVELOPMENT MANAGER.

UM, I'M ACTUALLY GONNA TALK ABOUT, UH, ITEMS FIVE C AND D UM, BEFORE YOU FOR YOUR CONSIDERATION.

UM, AS YOU'VE MENTIONED, UH, BOTH OF THESE, UH, BUSINESSES ARE LOCATED IN, UM, IN LIMITED PURPOSE ANNEXATION OF THE CITY, AS WELL AS, UH, CHAMBERS COUNTY IMPROVEMENT DISTRICT.

UH, NUMBER THREE.

UM, THIS LPA IS GOVERNED BY A STRATEGIC PARTNERSHIP AGREEMENT, UM, BETWEEN THE CITY AND THEN THE IMPROVEMENT DISTRICT.

UM, BOTH OF THESE PROPERTIES ARE LOCATED WITHIN, UH, THE 400 PLUS ACRE BAY 10 BUSINESS PARK.

UH, BACK IN 2012, THE ORIGINAL DEVELOPER IN COLLABORATION, UM, WITH THE CITY ESTABLISHED VARIOUS RESTRICTIONS AND COVENANTS ON THE

[01:50:01]

PROPERTY TO MAINTAIN ITS VALUE.

AND ONE OF THE REQUIREMENTS, UH, DOES STATE THAT ANY DEVELOPMENT VALUED AT ABOVE A MILLION DOLLARS OR MORE, UH, AS DETERMINED BY THE APPRAISAL DISTRICT, UH, NEEDS TO NOTIFY THE CITY AND ENTER INTO A PILOT AGREEMENT.

IN 2023, UM, THE IMPROVEMENTS THAT WERE MADE TO THE PROPERTY EXCEEDED 1 MILLION, AND THE CITY WAS NOT NOTIFIED.

UM, THE PILOT AGREEMENTS, UH, DO ADDRESS AND RESOLVE THE OUTSTANDING OBLIGATIONS, UH, FOR 2023, UH, AS WELL AS, UH, 2024.

UM, ADDITIONALLY, THEY'LL OUTLINE THE ONGOING PAYMENTS AND RESPONSIBILITIES FROM, UH, THE FORMER PROPERTY OWNER TO THE NEW PROPERTY OWNER.

AND, UH, THE CITY DOES HAVE, UH, IF APPROVED, UH, THE AUTHORITY TO PLACE A LIEN ON THE PROPERTY.

IF, UH, PAYMENTS ARE NOT RECEIVED.

UH, THE TOTAL AMOUNT OWED, UH, TO THE CITY FOR, UH, BOTH YEARS IS AROUND A LITTLE OVER $78,000.

WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS OR COMMENTS, CONCERNS? I NEED A MOTION.

MOTION TO APPROVE ITEM FIVE C.

ANY AND ANY SECOND? SECOND.

ALL IN FAVOR, AYE.

AYE.

CONSIDER AN ORDINANCE AUTHORIZING A PAYMENT IN LIEU OF TAXES AGREEMENT AMONG THE CITY OF BAYTOWN, AZURE, HOUSTON INVESTMENT PARTNERS LP AND 82 23 PARKSIDE LP CONCERNING PROPERTY LOCATED WITHIN CHAMBERS COUNTY IMPROVEMENT DISTRICT NUMBER THREE.

FIVE D.

[d. Consider an ordinance authorizing a Payment in Lieu of Taxes (PILOT) Agreement among the City of Baytown, Azure Houston Investment Partners, LP, and 8223 Parkside, LP, concerning property located within Chambers County Improvement District No. 3]

MR. MORAN.

UH, THIS IS, UH, SIMILAR TO ITEM, UH, FIVE C.

GOOD DEAL.

ANY QUESTIONS OR CONCERNS? I NEED A MOTION.

MOTION TO APPROVE.

CONSIDER AN ORDINANCE AMENDING OR AUTHORIZING THE TERMINATION OF THE GOLF FACILITY MANAGEMENT AGREEMENT WITH TRU GOLF LLC, AND POSSIBLY AUTHORIZING FUNDING FROM SOURCES NOT IMPACTING GENERAL FUND OPERATIONS.

YES, MA'AM.

I'M SORRY.

UH, DID WE DO FIVE B? WE PULLED FIVE B.

[e. Consider an ordinance amending or authorizing the termination of the golf facility management agreement with Troon Golf, LLC and possibly authorizing funding from sources not impacting general fund operations.]

SURE DO.

UM, MR. MORAN? IT'LL BE, IT'LL BE MR. GARY.

OH, OKAY.

MR. GARY.

THANK YOU, MAYOR.

THIS IS THE FOLLOW-UP ACTION ITEM FROM OUR EARLIER DISCUSSION, UM, IN THE WORK SESSION.

UM, THE ITEM IS TO, UH, FORMALLY ACT ON ANY POSSIBLE NEXT STEPS.

UM, HAPPY TO ANSWER ANY QUESTIONS OR, UM, PROVIDE ANY INFORMATION.

HAVE BEEN OPEN TO WHAT SOME OF US HAVE, HAVE SEEN AND BEEN TALKING ABOUT FOR A WHILE.

WE'RE GONNA HAVE CITIZEN COMMENT.

WE HAVE ONE PERSON SIGNED UP TO SPEAK ON FIVE V, AND THAT WOULD BE MR. BYRON REBECK.

PLEASE STATE YOUR ADDRESS.

47 27 BLACKSTONE STREET, BAYTOWN, MR. MAYOR, COUNCIL MEMBERS, UH, WHO'S READY TO STOP TALKING ABOUT GOLF COURSES.

IF YOU NOTICE, I RETIRED MY T 36 HAT, SO I'M HOPING TODAY'S A, A GOOD MOVE FORWARD.

UM, HERE'S, HERE'S MY CONCERN.

WE, WE, WE DON'T WANT TO DWELL ON THIS.

NOBODY'S HAPPY ABOUT THIS.

WE WE'RE ESSENTIALLY BACK TO WHERE WE STARTED WITH THIS, WITH THIS PROPERTY.

UH, ONE OF THE OPTIONS I DIDN'T SEE ON HERE, UM, COUNCIL MEMBER, YOU'D MENTIONED THIS BEFORE, THAT THERE WAS A POSSIBILITY OF SELLING THIS, BUT WE'D HAVE TO PUT IT OUT FOR A VOTE.

UH, I DON'T KNOW WHY THAT WASN'T ONE OF THE OPTIONS PRESENTED.

UM, MAYBE THAT COULD BE, MAYBE THERE'S A REASON FOR THAT.

MAYBE THAT COULD BE BROUGHT UP AGAIN, THAT'S A POSSIBILITY.

I GUESS MAYBE NOT.

UM, I, I, I FIND IT INTERESTING THOUGH THAT, UH, THE, THERE, AND I APPRECIATE COUNCILMAN FRANCO POWELL GRIFFITH, YOU, YOU VOTED AGAINST THIS CONSISTENTLY FROM THE START.

BUT I FIND IT INTERESTING THAT THERE WAS ONE MAN THAT TRIED TO STOP THE FINAL MEETING WHERE THIS DECISION WAS MADE, AND HE WAS OVERRULED.

AND THAT WAS MR. GRIFFITH.

SO THANK YOU, SIR.

YOU'RE MY COUNCILMAN.

YOU HAVE MY SUPPORT.

YOU ARE RIGHT ALL ALONG ON EVERYTHING ON EVERY VOTE, AND I THANK YOU.

UM, AND TONIGHT, IT'S KIND OF FUNNY BECAUSE YOU GUYS, YOU DROVE THE SHIP INTO THE ROCKS, AND NOW YOU'RE TEARING DOWN THE LIGHTHOUSE THAT TRIED TO WARN YOU.

AND, AND, AND I, I, I FIND THAT PROBLEMATIC, UH, WHEN WE GET TO THE ISSUES OF THE GOLF COURSE AND, AND, UH, COUNCIL MEMBER PEMBERTON GRAHAM, I, I, I APPRECIATE YOUR, YOUR, YOUR STATEMENTS ONLINE, YOU KNOW, EXPLAINING WHAT HAPPENED.

AND I REALLY APPRECIATE YOUR COMMENTS TONIGHT.

UH, I THINK YOUR EYES

[01:55:01]

UH, ONE OF THE THINGS THAT YOU SAID WAS THAT YOU DIDN'T GET COMPLETE INFORMATION OR, YOU KNOW, THE, THE, AND A LOT OF YOU FOLKS ARE PRETTY UPSET ABOUT WHAT HAPPENED, AND I UNDERSTAND THAT, AND I FEEL YOUR PAIN TOO.

BUT THE FACT IS, IS THAT THERE WAS MISREPRESENTATIONS TO COUNCIL THAT LED TO THIS VOTE, AND BY YOUR OWN ADMISSIONS, AND, AND WE'RE HERE BECAUSE OF THAT.

SO, JUST TO CLEAR UP ONE COMMENT, THERE WASN'T ANYTHING RETALIATORY ABOUT MY COMPLAINT.

IT'S ACTUALLY RELATED TO WHAT YOU'RE UPSET ABOUT, WHICH IS MISREPRESENTING FACTS BEFORE COUNSEL.

UM, SO IT IS A LEGITIMATE COMPLAINT FAR MORE THAN THE ONE YOU'RE FAR MORE LEGITIMATE THAN THE ONE YOU'RE CONSIDERING TONIGHT.

UM, BUT ANYWAY, GOING FORWARD ON THE GOLF COURSE, I DO HOPE THAT, UH, WE ALL UNDERSTAND THAT IT'S GONNA COST SOME MONEY TO DO SOMETHING WITH THIS.

I THINK YOU ALL CAN COME TO A GOOD DECISION, UH, MAYBE A FULL-BLOWN DISC GOLF COURSE LIKE IT WAS BEFORE WITH A KITCHEN THAT YOU CAN RENT OUT.

I UNDERSTAND THAT YOU CAN'T RETURN THAT EQUIPMENT.

IT'S CUSTOM.

SO YOU GOTTA DO SOMETHING WITH IT.

AND WE UNDERSTAND YOU'RE GONNA HAVE TO SPEND SOME MONEY ON THIS, DON'T WORRY.

ALL RIGHT.

ANY QUESTIONS OR COMMENTS IS OPEN FOR DISCUSSION.

SO, UH, AND THANK YOU, MR. BECK.

I KNOW THAT YOU ALWAYS HAVE RECOLLECTIONS OF DIFFERENT MEETINGS, SO I'M TRYING TO REMEMBER WHAT I SAID AT THE TIME ABOUT A VOTE.

AND SO I THINK WHAT WE MAY HAVE BEEN TALKING ABOUT IS THAT BECAUSE IT WAS CONSIDERED PARKLAND, THEN THAT'S WHY IT WOULD GO OUT FOR A VOTE, NOT JUST SIMPLY BECAUSE WE WOULD BE SELLING IT.

UM, SO I, I CAN ANSWER ALL THAT.

I WAS GONNA LET Y'ALL COMMENT, BUT I CAN ANSWER ALL IT IF Y'ALL WANT TO KNOW NOW.

WELL, LET'S GO THROUGH COMMENT.

AND THEN WE CAN, THAT WAY IF ANYTHING ELSE COMES UP, YOU CAN ANSWER IT.

ACTUALLY HAVE SOMEONE WANTING TO USE IT.

UM, ANYTHING ELSE? NOPE, THAT'S IT.

ANYONE ELSE? I'LL MAKE A COMMENT.

UM, I KNOW WE WERE GIVEN A COUPLE OPTIONS IN THE WORK SESSION.

UM, AND I MEAN, I, I, YOU KNOW, I'VE BEEN CONSISTENT AND, AND, UM, THINKING THAT WE SHOULD STOP, UM, WITH, WITH THE GOLF COURSE, UM, WHEN WE'VE HAD THE OPPORTUNITY.

SO, I MEAN, I, I'M GONNA REMAIN CONSISTENT IN THAT TONIGHT.

UM, UH, YOU KNOW, I, I WANT US TO END THIS CONTRACT AND, UH, THEN WE CAN TALK ABOUT WHAT WE WANNA DO WITH THE PROPERTY.

UM, I'VE HAD THE SAME IDEA OF WHAT OF, OF, IS IT AN OPTION TO SELL IT? AND I THINK WE'LL HEAR, HEAR IF THAT IS A POSSIBILITY, AND WE CAN HAVE THAT DISCUSSION LATER AS WELL.

BUT, UM, I MEAN, MY OPINION IS WE, WE STOP WHERE WE ARE.

UM, AND, AND EVEN WITH THE KITCHEN, THAT WAS WHY I ASKED THE QUESTION EARLIER.

I MEAN, EVEN IF IT'S THREE DOORS MISSING, LIKE I, I DON'T SEE WHY WE BUY THE THREE DOORS OR WHATEVER IT IS.

I MEAN, I JUST, I THINK UNTIL WE HAVE A TENANT OR SOMEONE TO USE IT, I DON'T SEE WHY WE SHOULD SPEND ANOTHER DOLLAR ON THE KITCHEN.

SO THAT'S MY OPINION.

ANYONE ELSE? WELL, MY COMMENTS ARE, UM, I LIKE THE IDEA OF IT BEING SOMETHING ELSE.

THAT BEING SAID, FROM MY EXPERIENCE, IF, IF WE WANNA SELL IT, AND THAT'S AN, IF IT'D BE MORE MARKETABLE, IF THE KITCHEN WAS COMPLETE, WHATEVER NEEDS TO HAPPEN FOR IT TO BE COMPLETE COMPLETED, EVERYTHING'S ALREADY THERE.

YOU DON'T WANT TO JUST SITTING ON THE GROUNDS COLLECTING DUST.

BAD THINGS HAPPEN WHEN THINGS ARE NOT USED THAT WERE MADE TO BE USED.

COMPLETE THE KITCHEN, SEE WHAT ELSE WE WANT TO DO MOVING FORWARD.

BUT GO AHEAD AND END IT, BUT COMPLETE THE BUILDING.

AND IF WE DECIDE WE WANT TO SELL IT, GO AHEAD AND DO IT.

IF NOT, GUESS WHAT WE'RE GONNA END UP HAVING TO DO.

IF WE DO DECIDE TO, WE WANNA SELL IT, WE'RE GONNA HAVE TO COMPLETE IT ANYWAY.

'CAUSE I BELIEVE NO ONE'S GOING TO WANT TO COME IN AND BUY SOMETHING THAT'S NOT COMPLETE.

THAT'S LIKE YOU WANTING TO BUY A HOUSE.

UM, YOU SAYING IT'S A NEW HOME, BUT THE, THE STOVE IS MENTIONED MISSING THREE DOORS ARE MISSING.

THOSE ARE MY COMMENTS ON IT.

BUT AS, AS FAR AS ENDING IT, I THINK WE SHOULD GO AHEAD AND YOU SAID, UH, IF WE DO IT, IT WOULD, UM, STOP ON APRIL THE FOURTH.

I, WELL, SO I WAS GONNA MENTION THAT IT'S, UM, THERE WAS A TOURNAMENT HOSTED BY A LOCAL THAT'S RIGHT.

A LOCAL NONPROFIT ORGANIZATION THAT HAS, I BELIEVE APRIL 8TH AND EVERYTHING.

WE WENT THROUGH THE WORK SESSION.

I WAS GONNA RECOMMEND IF WE MOVE FORWARD WITH STOPPING IT, MAYBE IT'S APRIL 9TH SO THEY CAN FINISH THEIR TOURNAMENT.

AND, UM, THEY'RE, THEY'RE NOT IN A ROCK IN A HARD PLACE.

SO WE

[02:00:01]

WE DO IMAGINE THAT.

WELL, HOLD ON.

AND HAVE THEY USED IT BEFORE? UM, I, I CAN'T ANSWER THAT QUESTION.

I DON'T, I I DON'T, DO NOT BELIEVE SO, BUT I, I CAN'T FULLY ANSWER THAT QUESTION.

SO THEY, THEY MAY NOT WELL, BUT REGARDLESS OF THAT, THEY DO WANT TO GO AHEAD AND HOLD THEIR TOURNAMENT THERE.

AS FAR AS I KNOW, THIS IS A QUESTION ASKED OF ME TO SEE IF IT CAN BE, IT CONTINUED UNTIL APRIL 8TH WHEN THE TOURNAMENT IS, WOW.

EVEN WITHOUT THE KITCHEN .

UH, WELL, FRANCO AND THEN MS. GROUND.

SO AGAIN, APOLOGIZE FOR MISSING WORK SESSION, BUT I DID GO GET TO GO OVER THAT WITH BRENT THIS MORNING.

UM, BE BEFORE WE KIND OF WENT OVER EVERYTHING THAT'S ON THERE.

AND, AND I KIND IN AGREEMENT IT AND, AND I GET YOUR POINT OF VIEW, MAYOR, BUT WE ALSO SEE WHAT'S HAPPENING WITH, WHEN, WHEN PEOPLE BUY NEW RESTAURANTS OR BUY AN EXISTING RESTAURANT, THEY GO AND KIND OF RENOVATE WHAT THEY WANT AND CUSTOMIZE IT TO WHAT THEY KIND OF DO IN THE KITCHEN.

SO, UH, WE KIND OF GOTTA STOP THAT.

AND THE, THE OTHER ISSUE IS, WHAT IF WE DECIDE WE DON'T NEED THE KITCHEN? 'CAUSE IT'S NOT, IT'S NOT MARKETABLE OR IT'S NOT RENTABLE.

SO WE'VE BEEN TAKING EVERYTHING OUT THAT WE JUST FINISHED.

SO IT'S, FOR ME, IT'S STOP, FINISH THE GOLF, LET THEM DO THE GOLF TOURNAMENT.

'CAUSE WE DID THAT.

WE MADE THAT COMMITMENT TO THOSE, TO THOSE PEOPLE, WHICH I'VE ALREADY SPOKE TO THEM.

AND, UM, THE GENTLEMAN I DID SPEAK TO THAT WAS ASKING ME ABOUT THAT IS ALSO NOT IN FAVOR OF, OF THE GOLF.

HE WANTED, HE WANTS AN 18 HOLE GOLF COURSE, SO THEY WEREN'T GONNA USE IT AGAIN AFTER THIS.

SO JUST LET, HAVE THEY USED IT BEFORE? NO, THEY DID IT, BUT I'LL TALK TO YOU ABOUT IT.

THEY HAD USED IT BEFORE.

UH, THEY HAVE NOT USED IT BEFORE, BUT THEY DID IT BECAUSE THEY WANTED TO DO SOMETHING IN THE CITY OF BAYTOWN, BUT THEY WERE NOT FANS OF HOW THE COURSE IS.

SO I'M KIND OF, HEY, ALLOW THEM TO DO THAT BECAUSE THEY WERE, I'D HATE TO DO THAT TO ESPECIALLY A LOCAL ORGANIZATION THAT DOES A LOT OF WORK FOR THE CITY AND DOES A LOT OF, OF, OF, OF NON-PROFIT WORKFORCE.

BUT ANYBODY WHO COMES IN TO BUY IT, OR IF WE DECIDE TO KEEP IT AND TRY TO MAKE IT AN AMENITY TO RENT OUT, YOU'RE GONNA HAVE TO TAKE THAT KITCHEN OUT MOST LIKELY.

AND IF SOMEONE ADVISES THAT, THEY'RE GONNA WANT TO DO IT THEIR WAY.

SO WE DON'T KNOW WHAT THEY'RE GONNA ASK FOR IN THAT.

SO, AND IF THEY'RE GONNA BUY IT AT THAT MOMENT, WE CAN SAY, HEY, OKAY, WE'LL FINISH THE KITCHEN AND THEN WE CAN PUT THAT AS PART OF THAT VALUE.

BUT RIGHT NOW IT, LET'S JUST STOP THE HEMORRHAGING AND MOVE FORWARD.

COUNCIL MEMBER GRAHAM, I KNOW YOU WERE IN THE AUDIENCE FOR THIS, BUT I FEEL LIKE WE ALL NEED A SHIRT THAT SAYS, COMPLETE THE KITCHEN, BECAUSE THAT'S WHAT'S BEEN BEING SAID FOR A LONG TIME.

AND, UM, I DON'T WANT TO GO INTO ALL THE WHAT IFS 'CAUSE I FEEL LIKE IT'S BEEN WHAT IFS FOR A LONG TIME NOW.

UM, I JUST WANTED TO COMMENT ON THE POSSIBILITIES, AND I KNOW YOU'RE ABOUT TO SAY AS FAR AS SELLING IT.

UM, WHAT'S GONNA DRIVE MY DECISIONS ON ALL THAT IS GONNA BE, UH, COUNCILMAN LESTER'S LEADERSHIP FOR HIS CONSTITUENTS THAT ELECTED HIM.

I KNOW TOO MANY PEOPLE THAT LIVE IN EVERGREEN PERSONALLY, AND I'VE SAID THIS BEFORE, I HAVE FRIENDS WHO'S PULLED BACK UP TO THAT PROPERTY.

AND I MEAN, THAT'S JUST SOMETHING THAT WE'RE GONNA HAVE TO KEEP ON THE FOREFRONT OF ANY DECISION WE MAKE.

OF COURSE, WE'RE MAKING FISCALLY RESPONSIBLE DECISIONS AS A WHOLE, BUT WE'VE GOT PEOPLE WHO BOUGHT THEIR HOME ON AN EVERGREEN GOLF COURSE.

AND WE JUST NEED TO BE CONSCIENTIOUS OF THAT NO MATTER WHAT WE DECIDE.

UM, I I COULD TIE THIS TO, WE HAVE CITIZENS THAT COME ALL THE TIME THAT ARE UPSET ABOUT CERTAIN THINGS THAT HAVE, HAVE BEEN CHANGED DUE TO CITIES CHOICES ON THEIR PROPERTY, UM, WHETHER IT'S ANNEXING AND THINGS LIKE THAT.

AND SO, JUST WHILE I AM PRIVILEGED TO SIT UP HERE, I WANNA JUST BE REALLY, REALLY CONSCIOUS OF THE OWNERS AND YOUR CONSTITUENTS THAT VOTED YOU IN MOVING FORWARD, CONTINUE FISCAL RESPONSIBILITY.

AND AS FAR AS THE KIDS, I JUST WANTED TO COMMENT ON THAT.

I, I'M, I'M TO THE POINT.

THE FORMER MAYOR USED TO SAY HE WAS TIRED OF HEARING ABOUT THE MALL.

I DON'T WANNA HEAR ANOTHER THING ABOUT THE KITCHEN.

I MEAN, THAT'S REALLY HOW I FEEL.

I WOULD LOVE, I WOULD'VE LOVED FOR IT TO HAVE BEEN COMPLETE, LOVED IT.

AND I DON'T KNOW, AS FAR AS PEOPLE BUYING, DOING WHATEVER, I, I DON'T KNOW ABOUT ANY OF THAT.

AND IT IS MORE MARKETABLE WHEN IT'S FINISHED, BUT I'M DONE WITH IT.

IT'S, WE , I VOTED LAST MAY TO FINISH THE KITCHEN.

AMOUNT OF MONEY SPENT FROM HERE ON NOW I'M ALL FOR THAT OPTION.

I'M SORRY.

COUNCILMAN GRIFFITH.

UM, I GUESS I WAS DONE TALKING ABOUT THE GOLF COURSE BACK IN MAY .

UM, BUT HERE WE ARE.

UH, WE CAN'T FIX THE PATH, BUT WE COULD CORRECT THINGS.

HOPEFULLY WE CORRECT THINGS MOVING FORWARD.

UM, I DIDN'T WANT THE GOLF COURSE TO FAIL.

I DON'T WANT ANYTHING.

I JUST, 'CAUSE I VOTED AGAINST IT.

I DON'T WANT IT TO FAIL FOR THE, FOR THE SAKE OF THE CITIZENS OF THIS TOWN.

UM, I'M NOT HERE TO, I DON'T WANNA POINT BLAME.

I LIKE, UM, UH, COUNCIL MEMBER POWELL'S SUGGESTION OF, YOU KNOW, I I WAS, I'M OVER IT, RIGHT? SO IF WE COULD JUST WALK AWAY WITH THE, THE LEAST

[02:05:01]

UM, I'VE, MY HEART GOES OUT TO LESTER, YOU KNOW, AND, AND HIS DISTRICT.

AND, AND, AND HE, HIM, I KNOW HIS HEART WANTING TO PROVIDE A, AN AMENITY OVER THERE THAT THOSE PEOPLE IN THE AREA COULD BE PROUD OF.

AND MY HEART GOES OUT TO HIM.

I KNOW HIS HEART WAS IN THE RIGHT PLACE.

UM, YOU KNOW, WHILE, WHILE I APPRECIATE, UM, MR. REBA'S COM UH, COMMENTS, UM, I, I WANT TO SAY THAT, YOU KNOW, THE PAST IS THE PASS.

AND, YOU KNOW, I WANTED THIS TO, TO BE SUCCESSFUL JUST LIKE ALL YOU GUYS DID.

SO, BUT HERE ON OUT, I MEAN, WE, WE NEED TO DEAL WITH THE MOST COST EFFECTIVE SOLUTION AND, AND JUST, AND PULL THE SHOOT, UM, AND, AND MOVE FORWARD.

SO THAT'S, THAT'S ALL I GOT TO SAY ABOUT THAT IN THE WORDS OF FOR GUM.

ANYONE ELSE? RON FOR GO AHEAD.

OKAY, MAYOR COUNCIL.

UM, THANK YOU.

UM, AS I SAID IN THE, THE WORK SESSION, I FEEL YOUR ANGER, I FEEL YOUR PAIN.

SORRY TO Y'ALL, SORRY TO THE CITIZENS OF BAYTOWN.

UM, THIS DID NOT GO AS ANYONE PLANNED IT TO GO.

UM, THE ACCUSATION THAT WAS JUST LAID OF MISREPRESENTING DATA TO Y'ALL, UM, I BELIEVE Y'ALL KNOW THE TRUTH AND THAT IT WASN'T THAT THERE WERE MANY FACTORS, UH, TALKED ABOUT WHERE ROUNDS ARE AT, UH, AND ROUNDS BASED ON, UH, CURRENT PLAY WITHOUT A RESTAURANT.

WHAT ROUNDS WOULD BE WITH RASHON, AS WE DISCUSSED EARLIER IN THE WORK SESSION, THERE WERE SO MANY FACTORS THAT WE DISCUSSED AD NAUSEUM, WHETHER IT BE A BANKRUPTCY PIECE, A LEGAL PIECE, OR WHATEVER.

AND HERE WE ARE TODAY, IT DOESN'T CHANGE THE FACT THAT WE SPENT 1.68 MILLION, RIGHT? IT DOESN'T CHANGE THE FACT THAT THE RESTAURANT ISN'T COMPLETE.

UM, WHAT'S IN FRONT OF YOU TODAY IS NOT TO DETERMINE WHAT'S NE WHAT'S NEXT WITH EVERGREEN THE AREA, RIGHT? WHAT'S IN FRONT OF YOU TODAY IS JUST TO PAY THE REMAINING INVOICES AND THEN START PLANNING ON WHAT'S NEXT.

UM, NOT GOING THROUGH ALL THE OTHER PIECES, BECAUSE WHAT WE STILL HAVE IN FRONT OF US IS NOT A DISCUSSION ABOUT A KITCHEN, OKAY? IT IS MONTHS OF WORK THROUGH THE BUDGET PROCESS ON WHAT WE WANT TO DO WITH EVERGREEN AND HOW WE WANT TO HANDLE SOME OF THAT.

THERE ARE GONNA BE NUMEROUS THINGS THAT MR. LESTER NEEDS TO TALK TO STAFF AND PARKS ABOUT, UM, AND EVERGREEN.

AND IF THEY WANT TO KEEP THAT AREA AS A GREEN SPACE IN FRONT OF THEIR, IN FRONT OF THEIR HOMES, WHICH I'M SURE THEY DO, UM, WHAT THEY WANT BEHIND THEM, WHAT THEY DON'T WANT BEHIND THEM.

AND US HAVE PRODUCTIVE CONVERSATIONS THAT WE CAN BRING BACK TO THIS BODY AND THEN MAKE A RECOMMENDATION ON WHAT HAPPENS WITH THE REST OF THAT.

AND ONE OF THOSE IS SELLING IT, RIGHT? IF YOU SELL ALL OF IT AT WHAT IT IS TODAY, IT ROUGHLY EQUALS $6.5 MILLION AT $1 A FOOT.

OKAY? IF YOU DROP THAT DOWN TO 50 CENTS A FOOT, UH, WHICH WOULD, IT MAY BE PLAUSIBLE AT THAT, AT SUCH A LARGE ACREAGE BUY, UM, YOU KNOW, IT'S 3.25 MILLION.

AND SO THERE ARE OPTIONS TO START RECOUPING SOME OF THE PIECES OF THE PIE THAT ARE, THAT ARE THERE.

BUT THAT'S A, THAT'S A DISCUSSION IN THE COMING MEETINGS.

WHAT'S IN FRONT OF US TODAY IS THERE IS A $495,000 BILL LEFT TO PAY, ALONG WITH THE UNDERSTANDING THAT THERE'S $30,000 IN, IN CLOSING OUT THE COURSE FEES THAT ARE THERE.

NOW, A QUESTION THAT I CANNOT ANSWER RIGHT NOW THAT WAS, THAT WAS POSED TO ME WAS WHAT HAPPENED? WHAT HAPPENS IF WE DON'T PAY? BECAUSE THE CONUNDRUM THAT'S IN FRONT OF ME RIGHT NOW IS WHEN THIS COURSE WAS APPROVED BACK IN MAY OF 24, OR THIS, THIS, UH, CONTINUATION WAS APPROVED BACK IN MAY OF 24, WAS THAT I COULD NO SPEND NO MORE THAN $1.9 MILLION AND THAT 1.9 MILLION HAD TO BE ALLOCATED FROM THE PREVIOUS, UH, GENERAL FUND.

BECAUSE WE ARE AT 1.68.

I CAN PAY THE REST OF THE BILL UP TO 1.9, BUT I'M NOT AUTHORIZED TO PAY ANYTHING ABOVE 1.9 IF YOU CHOOSE NOT TO, TO GIVE ME THE AUTHORIZATION TO PAY ABOVE 1.9.

I DON'T KNOW WHAT THAT MEANS, EXCEPT THOSE BILLS ARE NOT PAID.

PLACED ON THE PROPERTY, UH, FROM, UH, WHAT'S IT CALLED, A MECHANICALS LIEN FOR, UH MM-HMM .

I DON'T KNOW WHAT THE RAMIFICATIONS OF THAT ARE.

UH, THAT IS SOMETHING THAT THE ATTORNEY'S GONNA HAVE TO SAY.

I'M, I'M PRETTY SURE THAT'S GONNA BE, UH, WE WILL HAVE A SUIT AGAINST US TO FINISH THE REST OF THE, UH, JUDGMENT.

THERE MAY BE A LIEN

[02:10:01]

CONTRACTORS WORKED ON.

UM, THAT COULD BE PUT THERE, THERE ARE SITUATIONS THAT HAVE TO BE CONSIDERED.

WE CAN DISCUSS ALL OF THAT TONIGHT.

I, I'M NOT FULLY PREPARED FOR THAT BECAUSE THAT WAS NOT A QUESTION I WAS, I WAS THINKING WAS GONNA BE ASKED OF ME.

BUT IT IS A VALID QUESTION AND I WILL TELL YOU THAT I CAN'T ANSWER THAT RIGHT NOW.

UM, BUT WHAT I CAN DO IS PAY UP TO THE 1.9 MILLION AND IF YOU'RE OKAY WITH THE REST OF, OF THE PAYMENTS BEING LATE, AND WE TALK ABOUT THAT FOR THE NEXT 30 DAYS OR SO, THEN WE CAN BRING THIS BACK AND HAVE ANOTHER DISCUSSION ABOUT THE GOLF COURSE AND PAYING THE REST OF THE BILL OR WHAT HAPPENS WITH THE REST OF THE BILL.

THAT IS WHAT'S IN FRONT OF YOU TODAY.

UH, ALONG WITH DISCONTINUING THE SERVICE OF, UH, AND AMENDING THE CONTRACT WITH TRUE.

I WOULD SAY, I WOULD HOPE THAT WE ARE, WOULD NOT, I WOULD HOPE THAT WE WOULD NOT SERIOUSLY CONSIDER NOT PAYING OUR BILLS.

THAT'S WHAT THE PREVIOUS OWNER DID, AND WE HAD TO STEP IN AND STEP WELL, YOU ALL STEPPED UP TO THE PLATE AND MADE SURE THE BUSINESSES WERE MADE WHOLE RIGHT HERE IN BAYTOWN.

I'M GONNA LEAVE IT AT THAT.

SO THAT YES, MA'AM.

UM, THANK YOU FRANK .

UH, WOULD WE, UH, 'CAUSE I DON'T KNOW IF WE HAVE TO WAIT 30 DAYS BECAUSE WE HAVE THE NEXT COUNCIL MEETING, WHAT, APRIL THE 10TH? YES, MA'AM.

THAT'S, I JUST MEANT THAT TIME WE COULD AUTHORIZE UP TO THE 1.9, WHICH WE'VE ALREADY DONE AND THEN WORKED TO SEE BECAUSE THERE, THERE HAS BEEN DELAY AFTER DELAY.

AND SO I, I, I THINK I'D LIKE TO KNOW EXACTLY WHY THOSE DELAYS HAVE HAPPENED.

UH, YOU KNOW, A COMMENT WAS MADE ABOUT INSTALLING DOORS AND WINDOWS.

HOW HARD IS THAT TO INSTALL A DOOR IN A WINDOW? UM, AND SO IT, TWO WEEKS TO ME, I I, I DON'T THINK IT'S THAT MUCH TO WAIT, UM, TO SEE WHAT, YOU KNOW, UH, THE PROCESS TO AUTHORIZE IF WE CHOOSE TO THE REMAINING FUNDS, UM, IF THOSE, UH, IF THE REMAINING FUNDS HAVE ALREADY BEEN BILLED, OKAY, YES, THEN THAT'S A DIFFERENT THING.

BUT, UH, I, I DON'T THINK THAT I'M PREPARED TO AUTHORIZE ANYTHING ADDITIONAL RIGHT NOW OTHER THAN WHAT WE HAD ALREADY APPROVED AT THE 1.9.

UM, SO THAT, THAT'S ALL THAT WAS ON MY MIND TODAY IS, UM, YES, TERMINATE, UM, AND ONLY SPEND UP TO THE 1.9.

AND SO I DID NOT LOOK AT ANYTHING ELSE BECAUSE IN MY MIND I, I WAS DONE WITH IT AS WELL.

AND SO I'D REALLY HAVE TO GO THROUGH AND LOOK AT THOSE REMAINING BILLS AND WHERE WE ARE WITH THEM, UM, IN TERMS OF TIMELINE OF PAYING THEM.

BUT IF WE CAN FEND THEM OFF FOR AT LEAST ANOTHER TWO WEEKS, UM, FOR US TO REALLY DIVE INTO THOSE REMAINING BILLS, UM, THAT'S WHAT I WOULD LIKE TO DO, MAYOR.

SO.

ANYONE ELSE? UH, I'M, I'M JUST TRYING TO THINK.

I BELIEVE THE INVOICE IS ALREADY OUT.

AND THOSE ARE USUALLY, WHAT, 30 DAYS? UNLESS IT'S PAY IT UPON DELIVERY, I DON'T KNOW.

I, I DON'T KNOW HOW THOSE INVOICES WORK, BUT UNDERSTOOD.

BUT WHAT WE'RE, WHAT WE'RE LOOKING AT RIGHT NOW IS ENDING SERVICE ON THE FOURTH OR ON, IT'S PART OF IT.

IF, IF WE WANT TO HAVE A DIFFERENT CONVERSATION ON PAYING THE REST OF THE INVOICES, WE CAN HAVE A DIFFERENT CONVERSATION.

PART OF THIS IS GIVING DIRECTION TO STOP THE, TO AMEND THE CONTRACT TO STOP IT AS WELL ON THE EIGHTH OR NINTH.

UM, SO THAT, THAT NEGOTIATION CAN START TO, SO, UM, ON THE BILLS, I KNOW NORMALLY IN CONTRACTS IT'S A PAID WHEN PAID.

SO IF, IF IT'S TRUE AND TRUE'S GONNA HAVE A PAY WHEN PAID, SO THEY, SOMETIMES THAT TAKES 60 TO 90 DAYS.

IT'S KIND OF THE NORMAL IN CONTRACT IN IN CONSTRUCTION, SOMETIMES 120.

SO WE WOULD HAVE APPLE ENOUGH TIME, I WOULD SAY YES.

USUALLY YOU, IF YOU GET AN INVOICE AND YOU PAY IT WITHIN 30, 15 TO 30 DAYS, YOU ARE PROBABLY THE 10% MINORITY .

I THINK THE POINT THAT WAS MADE, UH, BY MY COLLEAGUE IS DON'T SPEND ANY MORE THAN WE HAVE TO.

SO IT'S, OH, GO AHEAD.

COMMENT.

I DON'T THINK ANYONE AT THIS DIOCESE IS GONNA ADVOCATE NOT PAYING OUR BILLS.

UM, I THINK,

[02:15:01]

I MEAN, SO AGAIN, PART OF THAT 4 65 OR 4 69, WHATEVER IT WAS, IF THAT'S, WELL, WE'RE GONNA FINISH THIS OUT.

NO.

IF WE HAVEN'T ALREADY SPENT IT, DON'T SPEND IT.

AND, AND, AND GO FROM THERE.

BUT I DON'T THINK ANYBODY'S GONNA ADVOCATE, WE'RE NOT GONNA PAY OUR BILLS.

NO.

WE'RE GONNA PAY OUR BILLS.

I ALSO ADVOCATE THAT, THAT WE AT LEAST KEEP IT OPEN FOR THE, THE, THE GROUP THAT'S GONNA HOLD IT ON THE EIGHTH.

I MEAN, THEY'VE COMMITTED TO THAT.

THEY'RE PREP FOR THAT.

THEY'VE GOT ALL THEIR ACTIVITIES GOING TO THAT.

SO WE NEED TO COVER THE COST.

BUT I MEAN, BUT IF WE HAVEN'T ALREADY SPENT THE MONEY, THEN DON'T SPEND ANY MORE THAN ABSOLUTELY NECESSARY.

BRING US THAT TOTAL FINAL BILL AT THE NEXT SESSION AND WE'LL GO FROM THERE.

BUT, UM, THIS IS JUST ONE OF THOSE THAT WE SHOULD NOT BE HAVING THIS CONVERSATION.

ABSOLUTELY NOT.

NOW, SHOULD WE BE HAVING A CONVERSATION THAT THE FACILITY WAS LOWER PERFORMING THAN ESTIMATED? THAT'S, THAT'S A COMPLETELY DIFFERENT DISCUSSION IN CONVERSATION.

UM, BUT WE SHOULD NOT BE HAVING THIS CONVERSATION AT ALL.

AND I CAN WELL, AS WE MOVE FORWARD, THERE'LL BE A LOT MORE DETAILED DISCUSSIONS ON A LOT OF ISSUES.

'CAUSE WE WE'RE NOT GOING HERE AGAIN ON ANY OTHER PROJECTS.

SO, BUT THAT, I THINK THAT WAS THE POINT THAT MY COLLEAGUE MADE IS IF, IF WE'VE ALREADY SPENT IT, PAY IT.

IF WE HAVEN'T SPENT IT, DON'T SPEND IT, AND LET'S MOVE FORWARD.

AND I APPRECIATE THE COMMENTS FROM MY COLLEAGUES ABOUT MY CONSTITUENTS.

UM, AGAIN, I I, I HAVE ON BOTH SIDES OF THIS ISSUE YEAH.

ON, ON A REGULAR BASIS.

SO HALF OF 'EM ARE GONNA BE HAPPY AGAIN AND THE OTHER HALF ARE GONNA BE UNHAPPY.

THAT HAPPENS.

SO, SO IT SOUNDS LIKE WE MAY NEED TO AMEND THIS.

WE MAY NEED TO AMEND THIS SO THAT WE ARE ONLY AUTHORIZING TO END IT ON THE EIGHTH OR THE NINTH.

THE NINTH.

THE NINTH, I'M SORRY.

END IT ON THE NINTH AND ONLY SPEND UP TO THE AMOUNT THAT WAS PREVIOUSLY, UM, APPROVED, APPROVED 1.9 MINUTES.

AND WE WOULD DISCUSS DOING ANYTHING FURTHER AT A LATER DATE.

UNDERSTOOD.

LEAVE.

WE'RE GONNA LEAVE, LEAVE IT OPEN SO THEY CAN HAVE TIME TO GET THEIR INFORMATION.

YOU, THAT SOUNDS GOOD.

UNDERSTOOD.

I WANNA, I, I WANNA ASK A QUESTION THOUGH.

IS THAT EXTRA, I DON'T HAVE THE NUMBER IN FRONT OF ME, BUT WHATEVER WE HAVE TO GET US TO 1.9.

DO YOU, IN YOUR OPINION, IS THAT ENOUGH TO GET US TO APRIL 9TH OR APRIL 10TH WHEN WE'RE GONNA MEET AGAIN AND HAVE THIS DISCUSSION? NO, WE'VE ALREADY BEEN BILLED FOR THE 4 95 THAT, I MEAN, THAT'S BASED ON PREVIOUS DIRECTION.

THIS IS WHAT WE'VE BEEN WORKING TOWARDS.

THIS IS PART OF THE NEGOTIATION TO CLOSE OUT, RIGHT? LIKE THIS WAS, THIS WAS WHERE WE LANDED.

AND SO MY FACE OF CONCERN IS LIKE, THIS IS WHERE WE ARE AT NOW, IS BASED ON PREVIOUS DIRECTION TO GET TO THIS POINT AND THE NEGOTIATIONS TO GET TO, TO WHERE WE ARE.

AND SO THE 4 95, I DON'T KNOW HOW MUCH IT'S GONNA CHANGE, IF AT ALL NOW, UM, WHAT THE CITY ATTORNEY WAS ASKING ME ABOUT ARE TO TERMINATE A CONTRACT WITHOUT CAUSE IS, UM, CHALLENGING.

RIGHT? AND THERE COMES LEGAL RAMIFICATIONS THAT YOU, THAT YOU HAVE TO BE PREPARED FOR.

PART OF THE NEGOTIATION WAS THAT WE COULD STOP APRIL 9TH AND GET TO THIS POINT.

AND THIS IS WHERE, YOU KNOW, WE'RE OUT OF HERE.

UM, THAT THAT WAS BASED OFF PREVIOUS DIRECTION.

AND SO THAT'S WHERE WE BUILT THIS SO WE COULD END UP PAYING THE WHOLE BILL.

OF, WE OWE THEM, WE OWE THEM, BUT I'M FEELING LIKE I'M OWED, WE'RE OWED A KITCHEN UNDER THE 1.9.

HE COULD END UP PAYING MORE THAN 1, 9, 5, 1 SECOND SEPTEMBER.

GO AHEAD.

IS THERE NOT SOMETHING IN THE CONTRACT THAT PROTECTS US SINCE WE WERE SUPPOSED TO HAVE THE KITCHEN COMPLETE UNDER THE 1.9? I DON'T HAVE AN ANSWER FOR THAT.

I KNOW THAT Y'ALL, Y'ALL, Y'ALL HAVE TOLD COUNSEL THAT YOU WENT AND TALKED TO TROON AND ALL OF THAT.

UM, AND, AND I'M GOING TO ASSUME YOU ADVOCATED FOR YES, THE CITY'S AD ASSET.

UM, I'M HEARING A LOT

[02:20:01]

AND I, I KNOW THAT WE WENT OVER THE ROUNDS ESTIMATE AND ALL OF THAT.

I COMPLETELY UNDERSTAND THAT.

BUT THERE'S NOTHING THAT SAYS ANYWHERE IN OUR CONTRACT OR THAT PROTECTS US, THAT THOSE ITEMS THAT WE VOTED ON THE KITCHENS, AND I UNDERSTAND ALL THE THINGS THAT HAPPENED THAT EVERYTHING HAD TO BE REDONE AND THEY DIDN'T KNOW THEY HAD A PANTRY.

AND I, I GET ALL THAT, BUT WHY AREN'T WE PROTECTED UNDER THE 1.9? BECAUSE WE ORDER, WE GAVE THE AUTHORIZATION TO ORDER ALL THE KITCHEN EQUIPMENT FOR 362,000 BACK IN OCTOBER, AUGUST, I BELIEVE.

AUGUST OR SEPTEMBER.

AND THE INVOICE WAS OCTOBER 1ST WHEN THE KITCHEN WAS ORDERED.

UM, JUST TO GIVE THE CITIZENS INSIGHT IN, IT WAS ORDERED OCTOBER 1ST.

IT'S STILL NOT IN.

AND THEN WHEN IT CAME IN IS WHEN THERE WAS, THERE WAS DISCREPANCIES THAT WE HAD TO LOOK AT THAT WE HAD TO SAY, HEY, STOP EVERYTHING RIGHT NOW.

BUT IT DIDN'T CHANGE THE FACT THAT WE ALREADY ORDERED ALL THE KITCHEN EQUIPMENT AND ALL THE KITCHEN EQUIPMENT IS CUSTOM.

RIGHT? AND SO WHEN WE LOOK AT TRYING TO, THE QUESTIONS THAT WE WENT THROUGH WERE OKAY, RETURN IT TO, UH, UH, WHAT'S THE STOCKING FEE TO RETURN IT? WELL, THERE'S NO RETURNING IT BECAUSE IT'S CUSTOM.

SO ARE YOU SAYING THAT THEY SPENT MORE MONEY ON KITCHEN EQUIPMENT THAN OUR STAFF APPROVED AND WE DIDN'T? NO, NO, THAT'S NOT WHAT I'M SAYING.

SORRY.

'CAUSE I, I'M STILL NOT CLEAR.

THE, THE LOSSES FROM OPERATIONS WERE HIGHER THAN BUDGETED.

AND HOW, UM, I, I MAY HAVE TO GO INTO AN EXECUTIVE SESSION TO TALK ABOUT THIS STUFF.

SORRY.

YEP.

SO GOING BACK TO THIS, WE'RE GOING TO AMEND IT SO THAT YOU ALL CAN SPEND WHAT IT WOULD TAKE TO OPERATE IT UP UNTIL APRIL THE NINTH.

AND THEN WE WILL COME BACK AND DISCUSS THINGS GOING FORWARD.

MULTIPLE THINGS THERE.

UH, MAYOR.

SO THE GIVE DIRECTION TO END THE CONTRACT, PERIOD.

SECOND PIECE OF THAT IS, AM I AUTHORIZED TO SPEND MORE THAN 1.9? AND THAT'S THE PART I'M SAYING WE WOULD DISCUSS THAT.

'CAUSE IT DOESN'T SOUND LIKE YES, SIR.

UM, COUNSEL, I WOULD ADVISE THAT, UH, BECAUSE YOU DO HAVE THE RIGHT TO GO INTO EXECUTIVE SESSION, THAT BEFORE YOU MAKE A VOTE ON ANYTHING RELATED TO THIS ITEM, UM, THERE ARE SOME THINGS THAT WE SHOULD PROBABLY DISCUSS, UM, THAT I THINK I COULD HELP YOU WITH.

AND CERTAINLY THAT, THAT, UH, THE CITY MANAGER AND ASSISTANT CITY MANAGER COULD EXPLAIN.

WELL, WHAT WE'RE GONNA DO, WE'RE GONNA MOVE EXECUTIVE SESSION UP.

'CAUSE THERE ARE SOME RESIDENTS WHO WANNA SPEAK ON EXECUTIVE SESSION.

ANYWAY, WE CAN RECESS IT TO EXECUTIVE SESSION, DISCUSS ALL OF THIS, COME BACK OUT, FINISH THE VOTE HERE, AND FINISH THE REST OF THE AGENDA.

WERE YOU IMPLYING THAT WE DO TWO EXECUTIVE SESSIONS? ONE FOR THIS ITEM? NO, IT'S GONNA BE ONE EXECUTIVE SESSION WHERE WE DISCUSS ALL OF THIS.

I, I NEED A MOTION.

WELL, I'M GONNA TAKE A POINT OF PRIVILEGE TO MOVE IT UP.

SO, UM, WHAT WE'RE GOING TO DO, WE'RE GOING TO GO AHEAD AND TAKE 11 A.

YOU GONNA TAKE IT RIGHT NOW? YES, WE'RE GONNA TAKE IT RIGHT NOW.

AGENDA ITEMS A THROUGH G.

AND I HAVE THREE INDIVIDUALS SIGNED UP.

MAYOR, WOULD YOU MIND IF WE DID OUR APPOINTMENTS SO THOSE PEOPLE COULD GO HOME IF THEY, SO IT'S USED? YEAH, WE CAN DO THAT.

UM, LET'S GO AHEAD AND DO CONSENT AND THEN WE'LL DO APPOINTMENTS.

WE'RE GONNA GO AHEAD AND TAKE CONSENT.

[7. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.]

ANYTHING, ANYONE WANNA PULL? YES.

SIGNED UP TO SPEAK ON E.

SOMEONE SIGNED UP ON E.

THAT WAS BYRON.

THEN I'LL PULL, WE CAN PULL E BYRON ALREADY SPOKE ON E SEVEN SEVEN.

E OH OH.

CAN I JUST DIDN'T SIGN UP.

IS IT ON THE PAPER? OH, I SEE IT.

ALL THIS PAPER IS PULL.

LET'S PULL SEVEN E.

SO I'LL MAKE A MOTION.

WE APPROVE SEVEN A THROUGH G SEVEN, EXCEPT E.

SUSAN COLEMAN HAS TO GO FIRST.

ANY OPPOSED? SEVEN

[e. Consider an ordinance authorizing a professional services agreement for land surveying services with S&V Surveying, Inc.]

CONSIDER AN ORDINANCE AUTHORIZING THE PROFESSIONAL SERVICE AGREEMENT FOR LAND SURVEYING SERVICES WITH SAV SURVEYING INC.

MR. BRIAN MORAN.

[02:25:03]

OH, MAYOR COUNSEL BRIAN MORAN, HE CAN COME AFTER.

SO THE PROPOSED, UH, ORDINANCE AUTHORIZES PROFESSIONAL SERVICES FOR, UM, AGREEMENT FOR S AND B SURVEYING.

UM, THIS IS GONNA BE A COMPREHENSIVE SURVEY THAT'LL IDENTIFY KEY CHARACTERISTICS OF, UH, THE LAND, UH, LOCATED ON THE SITE OF THE EXXONMOBIL BAYTOWN EVENT CENTER.

THE SCOPE OF WORK, UH, FOR THIS INCLUDES IDENTIFYING ALL THE VISIBLE PHYSICAL FEATURES, THE IMPROVEMENTS, ENCROACHMENTS, EASEMENTS, UTILITIES, AND BOUNDARY LINES THAT ARE LOCATED, UM, ON THE 37.4 ACRES.

UM, IN ADDITION TO THIS, A TOPOGRAPHIC SURVEY WILL ALSO BE CONDUCTED, UH, COVERING, UH, THE, THE PROPERTY SITE IN ADDITION, UH, TO THOSE DELIVERABLES.

UM, THIS SURVEY IS CRUCIAL FOR DETERMINING THE BUILDABLE AREA, UM, ON THIS LOCATION.

NOW WE'RE GONNA HAVE, UH, ANY QUESTIONS OR COMMENTS? I HAVE A QUICK QUESTION.

UM, SO IS THIS INCLUDED IN THE COST THAT WAS GIVEN TO US? THAT'S 75 MILLION.

IT'S ALL INCLUSIVE OF THAT AMOUNT? YES.

MR. JOHN ISAACS.

JOHN ISAACS, 54 10 BAL BOULEVARD.

BAYTOWN.

WE ARE, WE'VE GOT TWO BUILDINGS, I MEAN, TWO, WE'VE GOT THE GOLF COURSE, WE'VE GOT THE HOTEL.

BOTH HAVE BEEN JUST REALLY MISHANDLED.

WE'RE GOING IN TO SPEND, UM, 50, WHAT'S IT 52 5, JUST TO SURVEY THIS LAND THAT, AND THERE WAS ALSO ANOTHER 315,000 THAT WAS MENTIONED.

I KNOW THAT'S NOT PART OF THIS, BUT BEFORE BAYTOWN SPENDS ANY MONEY, THERE SHOULD BE A VOTE BY THE PEOPLE TO PROCEED WITH SPENDING ANY MORE MONEY ON ANY MAJOR PROJECTS BECAUSE TRUTHFULLY, NOTHING AGAINST Y'ALL.

WE, CITY OF BAYTOWN HAS NOT HANDLED PROJECTS PROPERLY.

OKAY? IF, IF WE CAN'T HANDLE A GOLF COURSE, WE CAN'T EVEN GET THE INSURANCE CORRECT.

ON A BUILDING ON THE WATER, HOW ARE WE GONNA KNOW THAT WE'RE SPENDING MONEY PROPERLY? OKAY.

SO Y'ALL SHOULD STOP SPENDING MONEY UNTIL IT'S VOTED ON BY THE, I'M NOT SAYING THE, THE PROJECT NEEDS TO BE APPROVED BY THE VOTERS.

OKAY? Y'ALL GOT, WITH EXXON.

EXXON DONATED MONEY, BUT FROM WHAT I UNDERSTAND, THAT IS IN LIEU OF TAXES.

SO IT IS A TAX DEAL.

AM I, I MEAN, I'M ASSUMING I'M READING THAT CORRECT.

THAT'S WHERE I HAVE A PROBLEM.

YOU KNOW, WE'RE, YOU KNOW, WE GET PAID WITH TAXES, BUT THEY GET TO NEGOTIATE WHAT THEY PAY AND THEN ALL OF A SUDDEN IT'S IN A PROJECT.

THAT'S SOMETHING THAT WE NEED TO LOOK AT.

IS THAT THE CORRECT THING TO DO WITHOUT VOTER APPROVAL? THANK YOU.

ANY OTHER COMMENT? I HAVE A QUESTION.

SO I JUST WANT TO, FOR STATE, FOR THE RECORD, THIS THIS, THIS IS FOR THE SURVEYING FOR VICTOR.

WHAT IS THE SURVEYING FOR? YES, SIR.

ESPECIALLY ON, ON THE, ON THESE PAST PROJECTS.

SO I JUST WANT ON RECORD FOR, THERE'S AGAIN, SOME MISINFORMATION.

UM, THE 75 MILLION FROM EXXON, IT'S NOT A GIFT.

CORRECT? IT IS PART OF AN AGRE, A TWO 12 AGREEMENT THAT, UH, THEY GIVE 18.75 MILLION OVER FOUR YEARS, UH, IN, IN CONJUNCTION WITH A 30 YEAR CONTRACT, 30 35 YEAR, 35 YEAR CONTRACT.

AND AS PART OF THAT CONTRACT, YOU PAY, UM, YOU, YOU PAY, UH, THAT 75 MILLION BACK THROUGH ABATEMENTS.

BUT WHAT IT DOES GUARANTEE, THE GUARANTEE THERE IS THAT IT, THEY PUT AN ADDITIONAL THREE TO 5 BILLION ON THE GROUND, UM, TO THE CITY.

UM, AND IF THEY DON'T PUT THE THREE TO 5 BILLION, THE $75 MILLION IS BASICALLY, UM, FOR NOT FOR EXXON IS HOW THE AGREEMENT WROTE.

SO THE RISK WAS ON THEM.

AND SO IT FORCES THEM TO PUT THE MONEY ON THE GROUND.

IF THEY DON'T PUT THE MONEY ON THE GROUND, THEY'RE PAYING 75 MILLION THAT THEY DIDN'T NEED TO PAY.

SO IT, IT, AGAIN, JUST TO CLARIFY IT, IS IT A GIFT OR NO, IT'S PART OF A TWO 12 AGREEMENT, WHICH IS THEIR, SO IT'S NOT A GIFT.

UM, THANK YOU MR. ISAAC FOR YOUR STATEMENT.

UH, I HAPPEN TO AGREE WITH HIM ON THIS ONE.

UM, IN LIEU

[02:30:01]

UM, I THINK WE NEED TO TAKE A STEP BACK BEFORE WE START, UM, THROWING MONEY AT THIS AND REALLY LOOK AT THIS AND REALLY START DIGGING INTO IT.

SO, UM, POINT WELL RECEIVED FROM ME, MR. ISAAC.

AND, UM, I, I'LL, I'LL JUST LEAVE IT AT THAT.

I AM NOT AWARE OF THE CITY TELLING ME THAT THE TWO 12 AGREEMENT WAS EVER A GIFT.

I, I DON'T KNOW.

I I, I HAVE HEARD CITIZENS SAY THAT, BUT I, I'M NOT AWARE OF IT.

I'M, I WAS CLEAR THAT IT WAS PART OF THE TWO 12 AGREEMENT AND IT WAS TIED TO TAX ABATEMENT.

UM, BUT THANK YOU FOR STATING THAT AGAIN.

UM, WE, WE DON'T HAVE ENOUGH TIME TO GO INTO AN ECONOMICS CLASS.

UM, BUT I, I AM, I DON'T, I DO NOT DISAGREE, JOHN, THAT MR. ISAAC, EXCUSE ME.

I DON'T, I DON'T DISAGREE THAT THERE HAVE BEEN SOME PROJECTS THAT HAVE NOT BEEN FRUITFUL.

I DON'T DISAGREE WITH THAT AT ALL.

I DON'T DISAGREE WITH THE FACT THAT WE NEED TO BE MORE CAREFUL WHEN WE MOVE FORWARD IN THIS COMMUNITY, UM, WITH, WITH ANYTHING WHEN IT COMES TO ECONOMIC DEVELOPMENT.

UM, WE'VE GOT A LOT OF NEW NEWER FACES ON THIS COUNCIL AND A A DIFFERENT DYNAMIC, UM, A DIFFERENT STAFFING TEAM, DIFFERENT LEGAL TEAM THAN WAS HERE FOR THOSE OTHERS.

AND RIGHT NOW WE'RE TALKING ABOUT THE SURVEY.

SO I AM GONNA TIE IT BACK TO THAT.

I'M NOT GONNA GET OFF THE TOPIC, BUT, UM, TO SAY THAT EXXON, UM, IS, IS SOMEHOW GETTING SOMETHING THAT A CITIZEN DOESN'T GET.

I'M NOT EVER GONNA GO DOWN THAT ROAD BECAUSE UMBLE OIL, WHICH ESSENTIALLY STARTED THIS ENTIRE AREA AND CREATED OUR ECONOMICS, BECAME EXXON THROUGH LOTS OF THINGS.

AND Y'ALL KNOW THE HISTORY, BUT IT WOULD TAKE AN ECONOMICS CLASS TO EXPLAIN HOW THAT WORKS.

AND ECONOMIC DEVELOPMENT, UM, IS SOMETHING THAT EVERY COMMUNITY AND EVERY CITY HAS TO GET INTO.

I SPEND SOME OF MY TIME GETTING ONLINE AND GOING TO, BECAUSE, YOU KNOW, WE HAVE THE, WE HAVE BAYTOWN ENGAGED, WE HAVE ALL THESE ONLINE COMMUNITIES, AND I GO TO AX AND, AND, UH, MOMS OF BELLEVUE AND ALL THESE THINGS.

AND WHAT'S VERY INTERESTING, WHEN YOU LOOK AT ALL COMMUNITIES, THEY'RE ALL TALKING ABOUT THE SAME TALKING POINTS ABOUT WANTING ECONOMIC DEVELOPMENT.

UH, SOME OF THEM THAT ARE CLOSER TO US COMPARE US AND THEY GO BACK AND FORTH, AND WE NEED TO DO THE SURVEY ON THE LAND AS LONG AS IT FITS WITHIN THE 75,000,002 12 AGREEMENT.

UM, THAT'S ALL THAT THAT I'M VOTING OR DISCUSSING TODAY.

I DO APPRECIATE ALL THE COMMENTS THAT PEOPLE ARE MAKING, BUT I DO THINK THAT WE'RE GONNA HANDLE ANY ECONOMIC DEVELOPMENT MOVING FORWARD COMPLETELY DIFFERENTLY THAN THE PAST, UH, BASED OFF OF CONVERSATIONS THAT HAVE TAKEN PLACE.

AND I'LL BE THERE AND KEEP MY EYE ON IT AND SO WILL THESE OTHER COUNCIL MEMBERS.

UM, BUT THERE'S ALMOST LIKE THIS, THIS, UM, NEW VIBE IN THE AIR THAT WE'RE JUST STOPPING ECONOMIC DEVELOPMENT.

I PROMISE YOU BAYTOWN DOES NOT WANT THAT.

YOU DO NOT WANT THAT.

MR. FRANCO, I COVERED THE PROBLEM BEFORE WE OH, GO AHEAD.

NO, I JUST WANNA SAY, UM, I APPRECIATE YOUR COMMENTS.

UM, I, I AGREE THAT WE DO NEED TO, UM, TAKE OUR TIME WITH THIS PROCESS.

UM, BUT IN SAYING THAT, I THINK THIS IS AN IMPORTANT STEP IN THAT.

UM, I THINK WHAT WOULD BE TERRIBLE IS IF WE HAD THIS GRAND PLAN AND THEN WE FIND OUT THAT ON THIS 37 ACRES WE CAN BUILD ON THREE OF THEM, YOU KNOW? UM, AND SO I THINK, I THINK DOING A SURVEY LIKE THIS ON THE VERY FRONT END IS, UM, DOING OUR DUE DILIGENCE AND MAKING SURE WE DON'T RUSH INTO SOMETHING.

UM, AND SO, I MEAN, I'M IN FAVOR OF DOING THIS AT THIS POINT BEFORE WE GET FARTHER DOWN THE ROAD.

MR. FRANCO.

HAVE A LOT AND ARE GONNA BE A LOT.

SO THIS IS KIND OF THE, THE BEGINNING PARTS OF, OF LOOKING AT THE LAND, LOOKING AT CONSTRUCTION OF THIS PART.

THIS HAS TO BE DONE TO START THE PROCESS LIKE MY, LIKE MY COLLEAGUE SAID, UM, BEFORE WE, SO WE CAN KNOW WHAT WE HAVE THERE, WHAT OUR TOPOGRAPHIC THAT'S THE TOPIC GRAPHIC PART, RIGHT? WHAT'S GONNA BE IN THE FLOOD PLAN, WHAT'S NOT GONNA BE IN THE FLOOD PLAN, WHAT WE HAVE TO MOVE FORWARD WITH.

UM, WE HAVE, THIS PROJECT IS GONNA NOT GONNA START IN 2025.

IT'S NOT GONNA START IN 2026.

THIS PROJECT IS GONNA HAVE A LOT OF COMMUNITY INVO INVOLVEMENT.

WE ARE JUST AT PROBABLY THE FIRST 1% OF THIS PROJECT.

THAT'S IT.

THE BIG STUFF.

THE BIG THINGS THAT ARE COMING

[02:35:01]

CLIFF'S GONNA BE VERY MUCH INVOLVED IN IT.

, AND I'M LOOKING AT THIS IS A, AND THERE'S GONNA BE A LOT OF COMMUNITY INVOLVEMENT.

THERE'S GONNA BE A LOT OF COMMUNITY INPUT.

TRUST US.

THIS IS NOT GONNA BE A, LET'S GET IT DONE.

THIS.

YOU'RE GONNA BE HEARING THE EXXON, WAS IT EXXON? EXXONMOBIL, BAYTOWN AND EVENT CENTER.

THAT'S IT.

EXXONMOBIL.

AND BACK MA FOR A LONG TIME.

IT'S GONNA BE DISCUSSED.

IT'S GONNA BE, IT'S GONNA MOVE AT THE PACE THE CITIZENS ARE REQUIRED REQUESTING.

WE KNOW THAT WE'VE HEARD THOSE VOICES.

TRUST ME, THAT'S WHY WE'RE HERE.

BUT THIS IS THE BEGINNING PART.

TO GET TO THAT, TO GET TO WHERE YOU CAN SAY, WE CAN SHOW YOU, THIS IS WHAT CAN BE BUILT ON HERE.

THIS IS WHAT Y'ALL THINK.

THAT INPUT HAS TO BE THERE.

WITHOUT THIS, WE'RE JUST SITTING ON THE 75 MILLION GOING, WHAT DO WE DO? WHAT ARE WE GONNA DO? WHAT ARE WE GONNA DO? YOU HAVE TO START SOMEWHERE, BUT THIS HAS TO BE DONE TO MOVE FORWARD WITH, WITH THAT PART OF IT.

WE PULLED THAT OTHER ISSUE THAT OTHER ONE GOT PULLED.

THAT'S WHY YOU DIDN'T HEAR IT, BECAUSE THAT'S WHAT WE'RE TALKING ABOUT, BEING RESPONSIBLE, NOT OVERSPENDING ON SOMETHING THAT DOESN'T NEED TO BE SPENT YET.

BUT THIS LITTLE BIT DOES HAVE TO BE DONE FOR THIS CONSTRUCTION.

WE JUST BOUGHT THIS PROPERTY.

WE NEED TO SEE WHAT WE HAVE.

IF YOU BOUGHT A NEW PIECE OF PROPERTY, ANYBODY BOUGHT A NEW PIECE OF PROPERTY, YOU WOULD ASK.

YOU WOULD WANNA SEE WHAT YOU HAVE ON YOUR SURVEY.

IF YOU BOUGHT A PIECE OF MULTIPLE ACRES LIKE THIS, YOU WANNA SEE WHAT YOU CAN BUILD AND WHAT YOU CAN DO.

SO THIS IS THE BEGINNING STAGES, AND THAT'S WHY I THINK IT'S IRRESPONSIBLE TO NOT DO IT.

IT WOULD BE IRRESPONSIBLE TO THE TAXPAYERS AND IT'D BE IRRESPONSIBLE TO THE COMMUNITY TO NOT DO THAT.

TO NOT LET YOU KNOW WHAT WE COULD DO AND COULD NOT DO WITH THIS PROPERTY WOULD BE VERY IRRESPONSIBLE.

ANYONE ELSE? EVERYTHING HAS BEEN SAID.

I NEED A MOTION.

MOTION TO APPROVE ITEM SEVEN E.

TO EIGHT A CONSIDER THE CONFIRMATION OF THE CITY MANAGER'S APPOINTMENT FOR THE CITY LIBRARY.

WE ARE NOW GOING

[a. Consider the confirmation of the City Manager's appointment of the City Librarian.]

AND MR. REYNOLDS, MAYOR AND COUNSEL, I'D LIKE TO RECOGNIZE LESLIE COLES AS THE NEW CITY LIBRARIAN.

UM, SHE DID WANT TO COME UP AND GIVE A SPEECH AND MAYBE A LITTLE DANCE TO, UM, OR READ A BOOK.

MAYBE READ A BOOK TO THE COUNCIL ON TOGETHERNESS AND, UH, AND RAINBOWS AND WE CAN SMILE.

BUT, UH, LESLIE IS MORE THAN CAPABLE AND, UH, UH, SHE WILL DO A FANTASTIC JOB AND, UH, LOOK FORWARD TO Y'ALL, UH, AFFIRMING HER APPOINTMENT, UM, UH, AS THE NEW CITY LIBRARIAN.

AND I DO WANNA ALSO TAKE A MINUTE TO RECOGNIZE JAMIE.

UM, JAMIE IS, UH, IN THE BACK TRYING TO, UH, UH, MELT RIGHT NOW.

SHE DOESN'T WANNA BE RECOGNIZED.

UM, SHE IS OUR, UH, WE'VE BEEN JOKING.

SHE'S OUR NEW DOT, UH, FOR THE CITY DOING INTERNAL AUDITS AND EFFICIENCY, UH, ITEMS. UH, BUT I DO WANNA REC RECOGNIZE THAT, THAT THAT TRANSITION, BUT AGAIN, REFOCUS BACK TO LESLIE BECAUSE THIS IS ABOUT HER.

UH, AND, UH, LOOK FORWARD TO BEING THE CITY LIBRARIAN.

LESLIE AND JAMIE, THANK YOU FOR WHERE YOU BROUGHT THE LIBRARY FROM AND TO, AND MS. LESLIE, I RECEIVED A LOT OF EMAILS AND PHONE CALLS IN SUPPORT OF YOU BEING THE NEW LIBRARIAN.

AND I WANT, I WOULD LIKE TO SAY THAT WHEN I FIRST GOT ON COUNCIL, THAT WAS SOMETHING THAT I WAS REALLY ADVOCATING FOR, WAS A SUCCESSION PLAN WHERE WE PROMOTE FROM WITHIN.

AND IT IS GREAT TO SEE THAT IT IS HAPPENING WITH OUR LIBRARY.

OUR LIBRARY WAS VOTED WITH THE SECOND BEST LIBRARY IN THE US BACK IN 2019 OR SO.

MY LAST NOTES, THAT'S STILL DEBATING .

FOR YOU TO TAKE ON THIS NEW ROLE.

SO, MS. JAMIE, THANK YOU FOR YOUR WORK, MS. LESLIE.

UM, I, I'D LIKE TO MAKE A COMMENT AND, UM, I, I, I THINK I'M AT THE LIBRARY, WHAT ALMOST EVERY OTHER WEEKEND.

AND, UH, I'VE GOTTEN TO SEE BOTH OF THIS, THESE AMAZING LADIES AT WORK.

UM, THE ENTIRE STAFF, UM, ACTUALLY DEDICATES THEIR TIME TO SERVING OUR CONSTITUENTS.

AND, AND I THINK, UM, THEIR EMBODIMENT OF WHAT THE LIBRARY IS, IS ALSO DUE TO LEADERSHIP.

AND TO HAVE A PLACE THAT YOU CAN BE HAPPY AND, AND ALSO IT BE YOUR JOB, UM, I, I THINK IT RESONATES FROM THE TOP DOWN.

UH, AND SO I WAS VERY HAPPY TO SEE THIS APPOINTMENT.

UM, AT THE SAME TIME, I ALSO RECOLLECT THE TIME THAT JAMIE WAS AT THE HELM AS WELL.

AND, AND I REALLY, I REALLY APPRECIATE HER TIME, UM, AS OUR HEAD LIBRARIAN THERE.

AND SO I KNOW YOU'RE NOT GOING AWAY.

I WILL STILL SEE YOU AROUND, BUT, UM, I WISH, UH, WISH YOU LESLIE THE BEST AND IT'S VERY WELL, VERY WELL EARNED, UM,

[02:40:01]

SO I, I TRULY APPRECIATE YOU AND THE LIBRARY AND EVERYTHING THAT Y'ALL DO FOR OUR COMMUNITY.

IT'S NOT GOING ANYWHERE, SO, GOOD DEAL.

SO I NEED A MOTION.

MOTION TO APPROVE.

Y'ALL CAN MAKE YOUR SWEAT A LITTLE BIT.

IT'S OKAY.

I WOULDN'T DO THAT TO HER VOTE BEFORE DISCUSSION.

ITEM EIGHT B AT A LATER DATE, AND WE'RE GONNA GO AHEAD AS DISCUSSED

UM, , WE NEED TO DO A FOUR SWING HERE AND COME ALLOW ONE, WE'RE GONNA BRING BACK

[b. Consider a resolution authorizing two (2) appointments to the Baytown Housing Authority.]

[9. MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.]

BEFORE AND TAKE ITEM 11 A.

AND, UM, WE HAVE TWO PEOPLE SIGNED UP TO SPEAK MS. PATRICIA SMITH.

PATRICIA SMITH, 47, 10 WOODFORD STREET, BAYTOWN, TEXAS, EAST POINT.

AND I WOULD LIKE TO SAY A LITTLE SOMETHING ABOUT KEN GRIFFIN.

UM, I MET KEN, UH, A COUPLE YEARS AGO.

I WAS WORKING THE ELECTIONS AT, UH, JD WALKER AND, UH, HAD THE PLEASURE OF MEETING HIM.

AND, UH, NOT ONLY IS HE OUR COUNCILMAN, BUT HE IS A FRIEND AND HE IS JUST A GENTLEMAN AND A SCHOLAR .

AND, UH, I JUST HAVE NOTHING BUT GOOD THINGS TO SAY ABOUT HIM.

HE'S A VERY GREAT PERSON AND JUST VERY CONSIDERATE.

LOVES HIS CITY, LOVES THE PEOPLE IN OUR CITY, AND, UM, I JUST CAN'T SAY ENOUGH GOOD THINGS ABOUT HIM.

HE IS JUST A WONDERFUL PERSON AND, UH, VERY CARING AND, UM, I JUST THANK THE LORD OF HIM AS A FRIEND AND A COUNSELOR.

THANK YOU VERY MUCH.

NEXT WE HAVE MS. SUSAN CUMMINGS.

GOOD EVENING MAYOR COUNCIL STAFF.

I APPRECIATE ALL Y'ALL HANGING ON TO THE BITTER END LIKE THIS.

IT'S REALLY HARD.

UH, MY NAME IS SUSAN CUMMINGS.

I'M A LIFETIME, UH, RESIDENT OF BAYTOWN.

I LIVE AT 2102 SHERIDAN DRIVE.

AND, UM, I, I LIKE TO SAY THAT I LIVE IN A LITTLE PINK BRICK HOUSE JUST LIKE JOHN COUGAR, ME, KEMP S SAYING ABOUT.

AND SO THAT LITTLE PINK HOUSE IS, IS FOR ME ON, ON SHERIDAN.

AND I, AND I I DO LOVE IT.

I AM APPEALING TO COUNCIL, UH, ON IS AN ISSUE THAT HAS JUST STRUNG THROUGHOUT THE, THE MEETING AND IT HAS TO DO WITH TRANSPARENCY AND ACCOUNTABILITY.

UM, I'VE HEARD SOME THINGS THAT KIND OF, UH, WERE TROUBLING WITH THERE BEING A, AN INCREDIBLE, UM, SENSE OF, UH, A NEED TO PROTECT CITY COUNCIL AND, UH, THE FOLKS WHO RUN THE CITY FROM S SCARLESS REMARKS.

AND, UM, MY COMMENT TO THAT IS, YOU SHOULDN'T HAVE RUN FOR OFFICE IF YOU DIDN'T WANT PEOPLE TO TALK TRASH ABOUT YOU.

YOU KNOW? SO, SO THEY'RE GONNA BE THOSE THINGS.

AND, UM, I'M ALSO, UM, HERE TO APPEAL TO YOU TO INCLUDE A CITIZEN'S ETHICS AND ADVISORY BOARD AS YOU ARE REDOING THIS, UM, ORDINANCE.

UM, I BELIEVE THAT WE CAN HAVE CITIZENS BE OBJECTIVE.

THAT'S WHAT WE ASK JURORS TO DO WHEN WE ASK THEM TO TRY A CASE.

WE SAY, DO YOU BELIEVE THE DEATH PENALTY? CAN YOU, CAN YOU REALLY COME TO A DECISION ON THIS CASE WITH A DEATH PENALTY AS IT AS IT STATE? AND WE BELIEVE 'EM WHEN THEY TELL US WHAT THEY, THEY CAN OR CANNOT DO.

AND IF WE HAD A CITIZEN'S ETHICS ADVISORY COUNCIL THAT WE COULD HAVE CITIZENS PLEAD THEIR CASE TO, THEY COULD BE THE ONES WHO SHEPHERD IT OVER TO THE CITY MANAGER TO SEE IF IT NEEDS TO GO TO.

DO I ONLY HAVE THREE? DO I HAVE THREE MINUTES OR NO ONE? I ONLY HAVE ONE MINUTE.

FINALLY APPOINTED TO THE BOARD, BUT IN AN OPEN MEETING TO THE PUBLIC, HE SAID SHE WAS UN-AMERICAN AND ANTI TEXAN AND QUESTIONED HER PATRIOTISM.

SO I THINK THAT THE CITIZEN'S ADVISORY BOARD IS REALLY IMPORTANT.

THE SECOND THING IS I THINK THAT YOU NEED TO BE AWARE OF WHAT YOU SAY ABOUT YOUR CONSTITUENTS.

I WAS SO DRASTICALLY UNHAPPY WHEN I HEARD MR. GRIFFITH TALK ABOUT A CITIZEN WHO APPLIED TO A BOARD.

SHE WAS

[02:45:01]

AND I FIND THAT UNACCEPTABLE.

AND BECAUSE WE ARE CITIZENS WHO PAY TAXES AND WE VOTE FOR YOU, AND WE WORK ON COUNCIL OF COMMITTEES FOR YOU, WE SHOULD BE ABLE TO BE FREE TO SAY WHAT WE THINK IN SOCIAL MEDIA OR WHATEVER WITHOUT FEAR THAT IN AN OPEN MEETING, A COUNCILMAN WILL QUESTION OUR PATRIOTISM.

I FINALLY ASK THAT YOU SENSOR MR. KENRICK.

NOW, MR. OH YEAH, THAT'S RIGHT, MR. BROWN.

I BELIEVE I SIGNED UP TOO.

YEAH, YOU DID.

I'M SORRY.

MAY TAKE A LOOK AT THIS SHEET.

YOU WILL.

I I SAW IT.

I KNOW WHAT YOU MEAN.

UH, MR. BYRON REBECK, MR. MAYOR, COUNCIL MEMBERS BYRON REBECK, 47 27 BLACKSTONE STREET.

UH, I FIND IT INTERESTING THAT SEVERAL IN ADMINISTRATION, SOME FOLKS IN THE CITY SAY THAT, UH, EVERYTHING OUT ON SOCIAL MEDIA, US, THE CITIZENS ARE, IT'S NOTHING BUT DIVISIVENESS, NEGATIVITY, DISTRACTIONS, UM, YOU KNOW, NOT, NOT GETTING ANYTHING DONE.

AND THE MOST DIVISIVE, DESTRUCTIVE THING THAT WE'VE SEEN ON THE COUNCIL IN YEARS IS SOMETHING THAT'S ACTUALLY COMING FROM INSIDE THE CITY.

OH, MR. MAYOR, THE PERSON THAT FILED THIS COMPLAINT IS, IS YOUR APPOINTEE.

UH, IT WAS FILED, SHE'S A CITY OFFICIAL AT THE TIME THAT SHE FILED THIS COMPLAINT.

UH, THE COMPLAINT WAS AGAINST A COUNCIL MEMBER.

UH, THERE'S A, AN ENTIRE ETHICS PROCESS THAT WE DON'T EVEN KNOW WHAT YOU'RE GONNA DO YET, EXCEPT THIS MAN IS HANGING OUT RIGHT NOW WITH NO WAY FORWARD THAT WE ARE SURE OF THAT HE CAN ACTUALLY GET ANY SORT OF JUSTICE IF YOU FIND THAT HE VIOLATED THE RULES AND WANNA MAKE A PENALTY THAT'S WITHIN YOUR RIGHT.

ABSOLUTELY.

BUT THE PROBLEM IS, IS THAT YOU PUT THE CART BEFORE THE HORSE, THERE'S AN ACCUSATION WITH NO GUARANTEE THAT THERE'S A WAY FOR HIM TO HAVE HIS NAME CLEARED.

AND I, I TELL YOU, I'M, I'M A BIG FREE SPEECH ADVOCATE.

MS. CUMMINGS IS RIGHT.

THE CITIZENS HAVE THE RIGHT TO SAY WHAT THEY SAY.

AND YOU KNOW, THIS PERSON SAID THINGS THAT I THINK WE'D ALL OR MANY PEOPLE WOULD FIND OFFENSIVE.

YOU KNOW, WHEN THEY SAY OUR STATE IS AN EFFING S******E, I THINK THAT'S, YOU KNOW, A A COMMENT THAT SOMEBODY COULD REASONABLY BELIEVE THAT THAT'S ANTIT TEXAS.

AND WHAT I FIND AMAZING IS THAT SOMEBODY HAS THE RIGHT TO SAY THAT, BUT MR. GRIFFITH DOESN'T HAVE THE RIGHT TO SAY THAT I FIND THAT ANTI-TAX AND TO VOTE AGAINST THAT, UH, I FIND THAT RIDICULOUS.

YOU WANNA TALK ABOUT RIDICULOUS? I FIND THAT RIDICULOUS.

NO ONE HAS A RIGHT TO A SEAT ON A CITY BOARD.

NO ONE HAS A RIGHT TO A COUNCILMAN'S VOTE.

THE MAYOR HAS THE RIGHT TO, TO NOMINATE FOLKS SUBJECT TO COUNCIL APPROVAL.

THE COMPLAINANT HAS THE RIGHT TO SAY WHATEVER ANTIT, TEXAN, ANTI-AMERICAN, ANTI-CHRISTIAN THINGS THEY WANT.

AND COUNCILMAN GRIFFITHS HAS THE RIGHT TO HAVE THE OPINION.

THEY'RE ANTI-AMERICAN.

SO, UH, I THINK FREE SPEECH IS WORKING.

YOU KNOW, THE, YOU DON'T HAVE THE RIGHT TO SAY WHAT YOU WANT TO WITHOUT SOME SORT OF A PERSON LIKE A COUNCILMAN SAYING, I DON'T WANNA VOTE FOR YOU.

I, I DON'T KNOW WHAT YOUR REASONS WERE, MR. LESTER, BUT YOU ARE ALSO SINGLED OUT IN THE BAYTOWN SUN FOR VOTING AGAINST HER.

UM, I, I FIND IT INTERESTING THAT MR. GRIFFITH IS ON THE BALLOT THIS YEAR.

UH, MR. LESTER'S ON THE BALLOT NEXT YEAR, BUT MR. GRIFFITH IS THE FOCUS OF THIS COMPLAINT, WHICH COULD LEAVE AN INVESTIGATION HANGING OVER HIS HEAD THROUGH THE NOVEMBER ELECTION.

FIND A WAY TO CLEAR HIS NAME.

DO JUSTICE.

I HAVE COMMITTED NO ETHICAL VIOLATIONS OF ANY KIND.

IS THERE ANYBODY ELSE LEFT TO SPEAK? UH, NOT THAT I CAN TELL.

I'D LIKE TO TAKE A POINT OF PRIVILEGE.

CAN I MAKE A STATEMENT? I KNOW IT'S LATE, BUT GO AHEAD.

NOT BE CAREFUL AND JUST STARTING THE COMPLAINT.

IIII WILL NOT GET INTO THE NATURE OF, OF THE COMPLAINT ITSELF.

I WON'T NAME ANY NAMES.

I'M TALK ABOUT THE BEN.

I, I GOT YOU.

I'LL WALK, I'LL WALK SOFTLY.

THANK YOU MR. LISTER.

FIRST, LET ME STATE, AS AN ELECTED PUBLIC SERVANT, I'M HAPPY TO SUBMIT MYSELF TO ANY LEGITIMATE ETHICS COMPLAINT PROCESS THAT HONORS OUR CHARTER FAIRNESS DUE PROCESS AND THE CONSTITUTIONAL RIGHTS OF THE ACCUSED.

I HAVE NO DOUBT ANY PROCESS WILL VINDICATE ME.

[02:50:01]

I'M HAPPY TO ANSWER ANY CONCERNS BROUGHT BY ANY CITIZENS REGARDLESS OF THEIR MOTIVES, REASONING, OR BIASES IN THE PROPER SETTING WITH THE PROPER FAIR PROCESS.

WHAT IS ON THE AGENDA TONIGHT IS NOT SUCH A PROCESS.

WHAT IS ON THE AGENDA TONIGHT ARE TWO ITEMS THAT ATTACK DUE PROCESS FOR REGULAR ORDER AND JUSTICE.

THIS ALSO CONFLICTS WITH OUR, WITH OUR ORDINANCE.

THIS COUNCIL PROCEEDS ON IF THE, IF THE COUNCIL PROCEEDS TONIGHT, IT WILL DO EVEN MORE DAMAGE TO THE PUBLIC TRUST.

IT WILL ALSO MAKE ANY MEMBER OF THE COUNCILS, THE COUNCIL OR STAFF THE TARGET OF ANY GRIEVANCE BY THEIR POLITICAL OPPONENTS.

NO MATTER HOW PETTY OR UNFOUNDED THE COMPLAINT IS.

IMAGINE IF THE COUNCIL HAS TO CONVENE ANY TIME SOMEONE DOESN'T LIKE OUR VOTES OR FEELS OFFENDED BY SOMETHING WE SAY, LIKE WE'RE DOING TODAY.

WE WOULD NEVER GET ANY BUSINESS DONE.

THINK OF HOW THIS COULD BE USED AGAINST YOU BEFORE YOUR ELECTION AS YOUR, AS IT'S BEING USED AGAINST ME BEFORE MY ELECTION THIS YEAR, BY JUST ALLOWING THIS TO BE POSTED OVER MY OBJECTIONS, EASILY IDENTIFYING MY OFFICE AS THE TARGET OF THE COMPLAINT, WHICH HASN'T EVEN BEEN DETERMINED TO BE VALID.

AND WITHOUT IDENTIFYING THE ACCUSER WHO IS ANOTHER CITY OFFICIAL, AS I REQUESTED, THE ADMINISTRATION HAS ALREADY DONE DAMAGE TO THIS BODY AND JUSTICE AND DUE PROCESS RIGHTS.

OUR CITY ATTORNEY EVEN OFFERED THE SUGGESTION TO, TO AN AGENDA ITEM WITH THE WORDING THAT, TO, TO, WITH THE WORDING THAT DID NOT MENTION DISTRICT THREE AND FURTHER ADDED THE COMMENT THAT THIS STINKS.

I AGREE, THIS DEFINITELY STINKS.

NEITHER OF THESE AGENDA ITEMS TONIGHT ARE WELL THOUGHT OUT OR PROPER.

THE ORDINANCE, THE ORDINANCE ATTEMPTING TO REINSTATE THE ETHICS COMMISSION, BUT USING THE COUNCIL MEMBERS AND OR THE CITY MANAGER SITTING AS THE ETHICS COMMISSION WAS OBVIOUSLY RUSHED FOR THIS MEETING.

THE EXECUTIVE SESSION AGENDA IS A LITTLE MORE THAN A COORDINATED, TARGETED HIT PIECE FOR THE TERRIBLE SIN OF NOT GOING ALONG WITH AN AGENDA OF WHICH I BELIEVE HURTS BAYTOWN AND WEAKENS OUR FINANCIAL FUTURE.

I HOPE FOR THE SAKE OF ALL THE CITIZENS OF BAYTOWN.

THE TRUTH COMES OUT ABOUT WHO ORCHESTRATED THIS WITCH HUNT AGAINST MY OFFICE AND THE CITIZENS OF DISTRICT THREE, WHICH I REPRESENT.

FOR YEARS, CITIZENS HAVE BEEN ASKING FOR NOTHING COMMISSION TO BE REINSTATED AS BEFORE, WITH MEMBERS THAT ARE OUTSIDE THE TIES AND THE CONFLICTS OF CITY POLITICS.

THIS COUNCIL NOT ONLY IGNORED THE PEOPLE'S REQUEST, BUT INSTEAD OFFICIALLY DISSOLVED THE ETHICS COMMISSION.

NOW WE ACT, ASKED THE PARTI, WE'RE ASKED TO PARTICIPATE IN THIS DOG AND PONY SHOW WHILE CLAIMING IT'S IN THE SPIRIT OF TRANSPARENCY.

THE HYPOCRISY IS ALARMING.

JUST DAYS AFTER IMPROPER ETHICS COMPLAINT WAS FILED WITH LITTLE TO NO PREPARATION, THE ADMINISTRATION IS ASKING THE COUNCIL TO VOTE TONIGHT TO APPROVE A MAJOR CHANGE IN THE CITY ORDINANCE ETHICS RULES WITHOUT SUFFICIENT LEGAL ADVICE, WHICH COULD TAKE DAYS OR EVEN WEEKS, THERE HAVE BEEN NO OPPORTUNITIES FOR PUBLIC INPUT, UH, IN THE FORM OF TOWN HALLS OR PUBLIC HEARINGS TO DISCUSS WHAT CITIZENS BELIEVE AN ETHICS COMMISSION SHOULD LOOK LIKE.

WE DON'T EVEN, WE, WE HAVEN'T EVEN CONVENED ANY TYPE OF CHARTER REVIEW COMMITTEE TO REVIEW THE CHARTER CHANGE.

IT'S NOT A CHARTER CHANGE.

IT'S A, IT'S AN OR EXCHANGE.

THANK YOU, MR. REYNOLDS.

WE DON'T EVEN KNOW WHO ALL THE PLAYERS THAT ARE THAT THOUGHT UP, THESE CHARTER CHANGES OR THEIR MOTIVES AND INFLUENCES ARE.

IT WILL BE AN INSULT TO THE PEOPLE INVITING CORRUPTION AND CONFIDENCE OF INTEREST TO DECIDE TONIGHT THAT WE, THE COUNCIL, CAN MAKE OURSELVES OUR OWN JUDGES AND JURORS.

IF THE, IF, IF ETHICAL COMPLAINTS AGAINST COUNCIL MEMBER, IF THERE'S AN ETHICAL COMPLAINT FILED AGAINST A COUNCIL MEMBER, WHY WOULD WE WANT TO DO THAT TO OURSELVES? IF WE MOVE FORWARD TONIGHT, WE SHOULD AMEND THIS ORDINANCE, REINSTATE THE ETHICS COMMISSION WITH MEMBERS OF THE PUBLIC SELECTED BY EACH DISTRICT.

ANY PENDING COMPLAINT SHOULD BE DISMISSED AS IMPROPERLY FILED AND INVALID WITH NO MEANING.

THEY CAN BE OUGH PROPERLY WITH AN EXODUS COMMISSION FOR THEIR REVIEW UNDER A FAIR AND JUST PROCESS.

THERE MUST ALSO BE A CLEAR STATEMENT THAT TONIGHT, TONIGHT, THAT THE RECORD TO BE CLEAR, TO CLEAR MY NAME, UM, FROM THIS, UH, IMPROPER AND FRIVOLOUS COMPLAINT, PURELY MOTIVATED BY A POLITICAL AGENDA, IT IS IMPORTANT TO KNOW THAT EVEN THE PROPOSED ETHICS COMPLAINT PROCESS DEMANDS A COM A, A COMPLAINT BE REJECTED.

IF IT IS FRIVOLOUS, SECTION TWO DASH 8 0 6 D ONE STATES, THE ETHICS COMMISSION SHALL DISMISS A COMPLAINT THAT IS DETERMINED, UH, THAT IT DETERMINES IT'S FRIVOLOUS.

IT ALSO SAYS THAT TO DETERMINE IF A COMPLAINT IS FRIVOLOUS OR NOT, THE COMMISSION SHOULD, THE COMMISSION SHOULD CONSIDER THE NATURE AND TYPE OF THE PUBLICITY SURROUNDING THE COMPLAINT.

ALSO, YOU SHOULD CONSIDER THE TIMING OF THE COMPLAINT WITH RESPECT TO THE DATE AND DATE OF A PENDING ELECTION IN WHICH THE OFFICIAL IS, IS A, IS A CANDIDATE.

THIS COMPLAIN AGAINST ME WAS FILED BY A NEWLY APPOINTED CITY OFFICIAL, WHO IS ALSO THE FORMER VICE PRESIDENT OF A LOCAL

[02:55:01]

PARTISAN POLITICAL GROUP WHOSE STATED AGENDA IS, IS TO SUPPORT PARTY CANDIDATES AND LOCAL ELECTIONS, SPECIFICALLY MENTIONING ELECTIONS IN THE CITY OF BAYTOWN.

THIS CITY OFFICIAL WOULD BE SUBJECT TO THE ETHICS COMPLAINT, THE, TO THIS ETHICS COMPLAINT PROCESS AS WELL.

THIS, THIS SAME GROUP, THIS SAME GROUP, OPPOSED ME IN MY PAST ELECTION.

I'M NOT A DEMOCRAT.

THE LETTER TO THE EDITOR ABOUT THIS, ABOUT THIS ISSUE THAT APPEARED IN BAYTOWN SUN ON MARCH 3RD, WAS WRITTEN BY THE MEMBER OF THIS SAME PARTISAN POLITICAL GROUP.

EVEN THE CITIZEN THAT ADDRESSED THE COUNCIL ABOUT THIS ISSUE AT THE LAST MEETING IS A, IS CURRENT PRESENT OF THIS PARTICLE, THIS PARTISAN POLITICAL GROUP.

EVERY SINGLE PERSON INVOLVED IN THIS COORDINATED ILLEGITIMATE COMPLAINT BEING USED AGAINST ME ARE MEMBERS OF A, OF OR CLOSELY TIED TO THIS PARTISAN POLITICAL GROUP.

THIS COMPLAINT, THE POLITICAL MOTIVES OF THOSE INVOLVED AND THE PUBLICITY SURROUNDING THIS COMPLAINT FILED AGAINST ME, PROVE THAT THIS IS AN ORGANIZED ELECTION YEAR POLITICAL ATTACK TO BENEFIT THIS GROUP POLITICALLY IN THE NOVEMBER ELECTION.

BY DEFINITION, THIS IS A FRIVOLOUS COMPLAINT, AND ACCORDING TO THE RULES, SHOULD NEVER HAVE GOTTEN THIS FAR AT ALL.

HONEST DISAGREEMENTS ON, ON POLICY AND HOW WE VOTE SHOULD BE RESPECTED.

KEEP IN MIND, SOME OF YOU MAY BE IN MY, IN MY SHOES IN THE FUTURE OVER YOUR VOTES.

THOSE FUTURE COMPLAINTS WILL HAVE MORE VALIDITY THAN THE ONE WE'RE CONSENTING TONIGHT.

I COMMIT TO MY COLLEAGUES THAT IF THIS WERE TO HAPPEN TO YOU, I WOULD FIGHT FOR YOUR DUE PROCESS RIGHTS, REJECT ANY COMPLAINT THAT DOES NOT COMPLY WITH THE PROCESS AND AFFORD YOU FAR MORE COURTESY AND UNDERSTANDING THAN I'M BEING SHOWN.

TONIGHT.

I ASK THE COUNSEL TO REJECT THE PROPOSED AMENDMENT UNTIL, UH, WE HAVE A, A, SOME TYPE OF COMMITTEE OR, OR PUBLIC INPUT.

I ALSO, I ALSO ASK THE COUNSEL TO DISMISS THIS COMPLAINT.

CLEARLY STATE FOR THE RECORD THAT THIS WAS AN IMPROPER, FRIVOLOUS COMPLAINT AND NEVER SHOULD HAVE GOTTEN THIS FAR.

WHATEVER THE COUNCIL DECIDES, I WILL BE VIGOROUSLY DEFENDING MYSELF AND THE CITIZENS OF DISTRICT THREE WHO I SERVE.

I HOPE THE VOTES TONIGHT SHOW THAT I DO NOT STAND ALONE.

I RETIRE.

GO AHEAD.

ARE WE HAVING TALKS THAT, UH, I WAS TAKING A POINT OF PRIVILEGE.

OH, YOU JUST POINT OF PI WAS TAKING A POINT OF PRIVILEGE GOING BEFORE GOING INTO DETECTIVE SESSION RIGHT NOW.

[11. EXECUTIVE SESSION]

WE WILL RECESS INTO AND CONDUCT AN EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071 AND 5 5 1 0.074 TO SEEK THE ADVICE OF CITY ATTORNEYS AND OR DISCUSS THE PROCESS AND INVESTIGATION OF AN ETHICS COMPLAINT AGAINST COUNCIL MEMBER DISTRICT THREE.

MAYOR, WE HAVE 5:00 AM FIVE E ALSO THAT YOU NEED TO READ ABOUT TO GO INTO EXECUTIVE SESSION.

SAY WHAT? FIVE A AND FIVE E THAT ARE ALSO BE DISCUSSED.

OH YEAH.

IN EXECUTIVE SESSION, CONSIDER AN ORDINANCE ADMITTING CHAPTER TWO ADMINISTRATION, ARTICLE EIGHT, CODE OF ETHICS OF THE CODE OF ORDINANCES IN THE CITY OF BAYTOWN, TEXAS TO ALIGN THE PROCEDURES FOR ADDRESSING POTENTIAL ETHICS VIOLATIONS WITH THE CHARTER OF THE CITY OF BAYTOWN AND ORDINANCE NUMBER 15,709.

AND CONSIDER AN ORDINANCE AMENDING OR AUTHORIZING THE TERMINATION OF THE FACILITY OF THE GOLF FACILITY MANAGEMENT AGREEMENT WITH TRU GOLF LLC AND POSSIBLY AUTHORIZING FUNDING FROM SOURCES NOT IMPACTING GENERAL FINE OPERATIONS.

CAN YOU MAKE SURE THAT THEY'RE LABELED AS WE'RE GONNA DISCUSS THIS? FIVE A FIVE E AND THEN 11 A SO THAT, SO FIVE A, FIVE E, AND 11 A.

I NOW RECONVENE OUR OPEN MEETING OF THE CITY, OF THE BAYTOWN CITY COUNCIL AND ANNOUNCE THAT IN, IN ACCORDANCE WITH SECTION 5 5 1 0 2 OF THE TEXAS GOVERNMENT CODE, NO ACTION WAS TAKEN IN THE EXECUTIVE SESSION.

SO NOW WITH THE HELP OF THE CITY ATTORNEY, WE'RE GOING TO LOOK AT FIVE A RIGHT? FIVE A, FIVE E AND YEAH.

FIVE A AND FIVE E.

FIVE A, FIVE E, AND 11 A? NO, JUST FIVE.

FIVE A AND FIVE E.

NO, NO.

FIVE A AND FIVE E.

OKAY, SO I NEED A MOTION.

MR. CITY ATTORNEY, CAN YOU HELP ME OUT WITH THIS MOTION? WHERE WAS MOTION? FIVE A FIVE A.

I THINK WHAT WE CAN DO, I,

[03:00:01]

I DON'T KNOW IF YOU NEED AN ACTUAL MOTION, DO YOU, I I THINK WHAT YOU CAN DO IS TAKE NO ACTION ON FIVE A.

AT THIS TIME AND, UH, INSTRUCT CITY STAFF TO COME BACK WITH ADDITIONAL RECOMMENDATIONS FOR THE REFORMATION OF AN ETHICS COMMISSION.

OKAY? AND TO DO THAT EXPEDITIOUSLY.

SO WE ARE NOT GONNA TAKE ANY ACTION ON FIVE A.

WE'RE GONNA CITY STAFF MR. JASON REYNOLDS, CAN YOU HAVE CITY STAFF, UM, LOOK AT WHAT IT WOULD TAKE TO ESTABLISH AN, AN ETHICS COMMISSION.

THIS WAS A LONG TIME AGO.

THERE WAS, THIS WAS YESTERDAY.

THIS WAS YESTERDAY, RIGHT? , I DISCUSSED THIS YESTERDAY.

THAT WAS YESTERDAY.

THAT WAS LAST NIGHT.

ALL RIGHT.

UM, WELL, YEAH, I THINK I SAID I WOULD MAKE THE MOTION AND NOW I'M TRYING TO WE'LL LET CITY ATTORNEY TO DO IT.

SO WE, WE WON'T WROTE DOWN.

YEAH, I BELIEVE YOU'RE GONNA NEED A MOTION TO TERMINATE THE GOLF FACILITY MANAGEMENT AGREEMENT AND TO, UH, AUTHORIZE ADDITIONAL FUNDING NOT TO EXCEED THE AMOUNT OF THREE TWENTY FIVE, THREE TWENTY FIVE, THREE HUNDRED AND TWENTY $5,000.

SO I NEED A MOTION TO TERMINATE THE GOLF FACILITY AND AUTHORIZE FUNDING OF THREE, AN ADDITIONAL THREE, AN ADDITIONAL THREE HUNDRED AND TWENTY FIVE TWENTY $5 THOUSAND.

THAT $25,325,000.

THAT WOULD BE PREFERABLE.

UM, SO MOVED.

UH, I'LL MAKE A MOTION.

WE, UH, HOW DO WE SAY AGAIN, THE PROCEEDINGS OF TERMINATING THE, THE CONTRACT.

DO WE NEED TO PUT A DATE ON THAT? APRIL THE NINTH ATTORNEY? APRIL 9TH.

APRIL 9TH IS WHEN WE, AS OF APRIL THE NINTH.

APRIL 9TH.

UH, TERMINATE THE CONTRACT ON APRIL 9TH.

AND, UM, WE ALLOCATE AN ADDITIONAL $325,000 TO COVER THE COST OF SHUTTING, UM, SHUTTING EVERYTHING DOWN THERE.

THAT NOW CONCLUDES.

YOU STILL GOT NINE AND 10, BUDDY? OH YEAH, WE DO.

YEAH, Y'ALL BETTER OVER THERE? WE CAN SKIP.

SO LET'S GO ON WITH NUMBER, WITH, UM, NINE MR. JASON REYNOLDS FOR THE MANAGER'S REPORT.

UM, MAYOR, IF IT'S AT ALL POSSIBLE, CAN I READ THIS AT THE NEXT MEETING? JUST BECAUSE THERE'S EMPLOYEES THAT I WANT TO RECOGNIZE AND, UM, DO WE WANT 'EM TO BE HERE? I WOULD LIKE THEM FOR THEM TO BE HERE.

THAT'S GOOD.

SO WE'LL TABLE NINE UNTIL THE NEXT MEETING.

UM, 10.

I'M GONNA DO A SHOUT OUT ONLINE, AND, UH, EMAIL A COUPLE PEOPLE AND THEY'LL FIND OUT THAT WAY.

MS. ALVARADO, DO YOU WANT? GOOD DEAL.