Mar 22, 2022 City Council

[Call to Order, Invocation, and Pledge of Allegiance.]

[00:00:04]

>> GOOD AFTERNOON.IT IS 6 O'CLO. I CALL THE SESSION OF THE MIDLOTHIAN CITY COUNCIL IN ORDER.

JUSTIN COFFMAN, IF YOU WOULD LEAD US.

>> THANK YOU, FATHER, WE SUE YOUR HAND EVIDENT DAY.

FATHER, I PRAY TONIGHT WOULD BE A NIGHT THAT OUR COMMUNITY WOULD GROW STRONGER AND WE WOULD CONTINUE TO FEEL YOUR BLESSINGS IN OUR COMMUNITY. WE LIFT UP OUR POLICE, LIFT UP OUR FATHER, MAY YOU JUST PUT YOUR HAND OF PROTECTION OVER THOSE MEN AND WOMEN WHO SERVE OUR COMMUNITIES SO DILIGENTLY.

GOD, WE ASK YOUR DIRECTION. YOUR WILL BE DONE.

A MAY WE MAKE DECISION TO SAY REFLECT YOUR GLORY IN OUR COMMUNITY. IN CHRIST'S NAME WE PRAY, AMEN.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

UNDER THE T TEXAS FLAG, I PLEDGE ALALLEGIANCE TO THEE.

ONE STATE UNDER GOD, INDIVISIBLE.

[2022-112 ]

>> GOOD EVENING. IT IS MY GREAT PLEASURE FOR THE CITY TO RECOGNIZE THE NEWEST EAGLE SCOUTS IN OUR COMMUNITY.

SO WE HAVE A PROCLAMATION HERE. THEY READ DIFFERENTLY.

SO THE GIST IS, WE ARE RECOGNIZING THEIR DEVOTION TO THE DUTY AND THEIR LEADERSHIP THEY HAVE SHOWN AND THE HARD WORK. I READ THE NAMES AND IF YOU ARE HERE, PLEASE COME FORWARD AND WE WILL GIVE YOU YOUR PROCLAMATION.

JACKSON SMITH, TROOP 512, BUILT 20 RAISED BEDS FOR THE TRI-CITY ANIMAL SHELTER. THANK YOU.

RONIE HOWARD, TROOP 5 IS IT, 51T AND ERECTED A SIGN AT BOOMER STATE PARK AT WAXAHACHIE. KELLER BRADLEY OF TROOP 512 RESET TO MILITARY SPECIFICATIONS HEADSTONES AT THE PRINCE HALL FRATERNITY CEMETERY IN WAXAHACHIE.

STEPHEN GILBERT, TROOP 512, CLEANED AND RESTORED MILITARY ZONES AT THE PRINCE HALL FRATERNITY CEMETERY, WAXAHACHIE.

JARRED BURNHAM, TROOP 524, CLEANED THE FENCE LINE AT MIDLOTHIAN CIVIC CENTER PARK. ANDREW SCHMIDT, TROOP 524, RESTRIPED THE PARKING LOT AMAN IN AAMANAHOUSE AND CONDUCTED A E FOR THEM. DARSY SMITH, CLEANED AND RESET HEADSTONES AT THE PRINCE HALL CEMETERY AT WAXAHACHIE.

SHE IS THE FIRST EAGLE SCOUT IN THE SOUTHERN STAR DISTRICT.

YA'LL CAN CLAP IF YOU WANT TO ON THAT ONE.

THEM. TANNER RITCHIE, RETIREMENT BOXES PLACED AROUND TOWN. AND STETTON MCDONALD, TROOF 512, RESET HEADSTONES OF PRINCE HALL FRATERNAL CEMETERY IN WAXAHACHIE.

[2022-113]

>> ITEM 2013, RECEIVE QUARTERLY BOARD LIAISON REPORTS.

THE REPORTS GIVEN WILL OF THOSE OF BOARDS THAT ACTUALLY MET.

[00:05:01]

>> HOW IS EVERYBODY? ALL RIGHT, SO, I AM THE AIRPORT BOARD LIAISON FOR THE COUNCIL AND WE HAD OUR LATEST AIRPORT BOARD MEETING. AND CURRENTLY WHAT WE ARE WORKING ON IS REVISING AND REVIEWING SOME OF OUR LEASE TERMS AND OUR INSURANCE GUIDELINES FOR AIRPORT TENANTS.

THANKS. >> TED?

>> AS OF RIGHT NOW, WE ARE GOING TO LOSE OUR PLANNING DIRECTOR, GOING TO PRIVATE SECTOR FROM BEING IN THE CITY, A GREAT LOSS FOR US. WE HAVE THREE GREAT PROJECTS, TWO OF THEM WERE SUPPOSED TO BE FOR TONIGHT.

THEY BOTH CANCELED. SO IT IS JUST -- GROWING LIKE CRAZY RIGHT NOW. SO MANY THINGS OUT THERE GOING, IT IS JUST CRAZY. THAT'S ALL I HAVE GOT SIR, THANK

YOU. >> 4A HAS BEEN VERY ACTIVE.

WE HAVE HAD SESSIONS WITH THE CITY COUNCIL, JOINT WORKSHOP, SHOWING THEIR PRIORITY LIST AND HOW THEY PLAN ON ALLOCATING THEIR FUNDS. RIGHT NOW, WE ARE RUNNING ABOUT $3 MILLION A YEAR INTO THE 4A, THE BUSINESS MARK IS LONG LAST STARTING TO FILL OUT. THE WATER TREATMENT IS UNDERWAY.

THEY HAVE LOOKED AT AND WORKING ON A DISTRIBUTION OF FUNDS OVER THE NEXT FIVE YEARS AND DOWNTOWN IS A NO. 1 PRIORITY AND THE AIRPORT IS THE NO. 2 PRIORITY. OF COURSE, THEY ARE DRIVEN BY PRIMARY JOBS INTO THE CITY. AND I BELIEVE THAT'S ALL THE REPORTS THAT WE HAVE. FOR NOW.

[2022-114]

THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY ON THE AGENDA.

WE HAVE, I BELIEVE, TWO SPEAKERS, THREE SPEAKERS RIGHT NOW. IN THE ORDER I RECEIVED THEM, YOU HAVE THREE MINUTES. GIVE YOUR NAME AND ADDRESS.

AND I WILL GIVE YOU A 30-SECOND WARNING.

VERNON WITHERSPOON. >> THANK YOU.

MIDLOTHIAN, TEXAS. THIS IS REGARDING PLACEMENT ON THE FUTURE CITY COUNCIL AGENDA, MIDLOTHIAN BECOMING A SANCTUARY CITY WHICH WOULD BE PREVENTING ABORTION CLINIC FROM BEING ESTABLISHED IN THIS COMMUNITY. I AM THE FORMER OF THE BOARD OF FIRST LOOK, ELLIS COUNTY'S PRO LIFE ORGANIZATION MINISTRY.

AND I'M A BUSINESS OWNER IN THIS TOWN.

I HAVE BEEN SINCE 2004 WITH MY LAW OFFICE IN THIS LOCATION.

I'M ALSO A RESIDENT. MY WORK WORKS IN THE SCHOOL DISTRICT. I FORMERLY SERVED ON THE CHAMBER BOARD AND I CURRENTLY SERVE ON THE HOSPITAL BOARD.

I WORKED WITH EFFORTS FOR ELLIS COUNTY TO BE A SANCTUARY COUNTY OVER THE LAST TWO YEARS, APPROXIMATELY TWO YEARS AGO.

AND ELLIS COUNTY DID BECOME A SANCTUARY COUNTY.

AT THIS TIME, NO CITY HAS FOLLOWED THE COUNTY IN THAT REGARD. THAT I AM AWARE OF.

IS THAT 30 SECONDS? >> NO.

>> OKAY. YOU HAD ME QUICK.

MIDLOTHIAN STANCE ON THIS ISSUE IS MORE CRITICAL AS THE ESTABLISHMENT OF PLANNED PARENTHOOD AND ABORTION CLINIC WILL LIKELY BE DETERMINED BY THE CITY RATHER THAN THE COUNTY APPROVAL WHEN THAT COMES. THE CITY WILL NOT HAVE THE ISSUE TO DETERMINE. THE COUNTY WILL NOT HAVE THE ISSUE TO DETERMINE, IT WILL PROBABLY BE WITH THE CITY LIMITS OF MIDLOTHIAN. THE CITY WILL DETERMINE IF AN ABORTION MAY COME AND BE ESTABLISHED IN MIDLOTHIAN, TEXAS. TYPICALLY PLANNED PARENTHOOD WILL FOCUS ON URBAN AREAS RATHER THAN RURAL AREAS.

IF THAT IS WHERE THEY PRIMARILY SEEK.

OTHER CITIES IN TEXAS, IN PARTICULAR, HAVE TAKEN THIS ACTION TO BE SANCTUARY CITIES. BUT NO CITY IN ELLIS COUNTY HAS FOLLOWED ELLIS COUNTY AS THE FIRST COUNTY IN TEXAS TO DO THAT, ITSELF. THIS COMMUNITY WHERE I LOVE AND SERVE IS SPECIAL IN HOW WE ALWAYS APPROACH THE IDEA THAT WE ARE MADE UP OF OUR SCHOOLS, OUR CHURCHES, OUR BUSINESSES AND OUR CITY GOVERNMENT. WE SEE ALL OF THESE AREAS AS INSTRUMENTAL IN CREATING AND SUSTAINING OUR COMMUNITY.

I TRULY BELIEVE IT IS WHY WE ARE GROWING AT A FAST RATE AND WE PEOPLE ARE WANTING TO LIVE HERE AND RAISE THEIR FAMILIES HERE.

[00:10:04]

I ASSURE YOU THAT THEY WILL ATTEMPT TO RETURN TO ELLIS COUNTY AND WE CANNOT WAIT LIKE RESIDENTS EVEN OF UKRAINE THINKING THEY WILL JUST RAIN AT THE BOARDER.

BORDER.BECOMING A SANCTUARY WOUD SIGNAL NOT HERE.

I HAVE DECIDED AS A CHRISTIAN MORE THAN I CLAIM, I BELIEVE IN PRO LIFE. AND I DECIDED TO DO MORE THAN JUST CLAIM I BELIEVE IN PRO LIFE.

I BELIEVE I HAVE TO ACT AND TRY TO SAVE THOSE WHO CANNOT ACT OR SPEAK FOR THEMSELVES. YOU CAN DO THAT AND TO NOT ACT IS TO ALLOW SOMETHING YOU BELIEVE IN TO BE SOMEONE ELSE'S CHOICE. I ASSURE YOU, PLANNED PARENTHOOD IS READY AND WILLING TO MAKE THAT CHOICE FOR YOU.

AS ELECTED REPRESENTATIVES, PLEASE ACT NOW.

CONSIDER THIS ON YOUR NEXT AVAILABLE AGENDA.

LET'S BE OUT OF AHEAD OF THIS WAR.

THANK YOU. >> NEXT SPEAKER IS HUGH REY

REYNOLDS. >> HUGH REYNOLDS, 503 NORTH FIRST STREET. I HAVE A RESIDENT OF MIDLOTHIAN 27 YEARS, ACTIVE IN A VARIETY OF ORGANIZATIONS IN OUR CITY AND THROUGHOUT ELLIS COUNTY. I LOVE THIS CITY AND THIS COMMUNITY. TONIGHT, I AM HEAR TO RESPECTFULLY REQUEST THAT THE MAYOR AND COUNCIL MEMBERS PASS AN ORDINANCE OUTLAWING ABORTION WITHIN MIDLOTHIAN CITY LIMITS.

A COPY OF THIS ORDINANCE AND RELATED DOCUMENTS HAVE ALREADY BEEN PROVIDED TO THE COUNCIL. I HAVE BEEN A MEMBER OF MANY PRO LIFE ORGANIZATIONS, MINISTRIES FOR OVER 30 YEARS.

I HAVE SEEN CLOSE UP THE DAMAGE ABORTION ON DEMAND HAS DONE TO OUR COMMUNITIES ABORTION CLINIC TO OUR NATION FOR 49 YEARS.

WE KNOW THAT ALMOST 64 MILLION UNBORN CHILDREN HAVE BEEN KILLED IN THEIR MOTHER'S WOMBS SINCE ROE V. WADE OVERTURNED THE LAWS OF ALL 50 STATES IN 1973. WE ALSO KNOW THAT MILLIONS OF WOMEN HAVE BEEN DAMAGED PHYSICALLY, EMOTIONALLY, ECONOMICALLY AND SPIRITUALLY. SOME WOMEN HAVE DIED AT THE HANDS OF ABORTIONISTS. I ALSO KNOW THAT ABORTION HAS HURT TENS OF MILLIONS OF MEN. IN MY WORK WITH PRO LIFE MINISTRY, I HAVE SEEN THE DEVASTATION SUFFERED BY MEN WHOSE CHILDREN WERE NEVER ALLOWED TO BE BORN.

WHETHER HE WAS COMPLICIT IN THE ABORTION, STOOD PASSIVELY BY OR WAS NOT EVEN AWARE OF IT, THE SENSE OF LOSS AND SHAME AND GUILT COMES BACK TO HAUNT HIM. IT MAY BE WEEKS OR MONTHS OR EVEN YEARS LATER. I ONCE SAW A MAN BREAK DOWN IN TEARS AND SAY THE WORDS, MY ABORTION.

THIS IS THE AGONY OF LOST FATHER HOOD.

THIS IS A MOMENT I WILL NEVER FORGET.

I WANT TO EMPHASIZE THAT THIS ORDINANCE IS NOT DESIGNED TO HURT WOMEN OR TO DENY THEM THEIR RIGHTS.

IN FACT, THE LAW SPECIFICALLY STATES UNDER NO CIRCUMSTANCE MAY THE MOTHER OF THE UNBORN CHILD THAT HAS BEEN ABORTED BE SUBJECT TO PROSECUTION OR PENALTY. WE WANT TO PROTECT OUR WOMEN, NOT HURT THEM. WE WANT TO SAVE OUR UNBORN CHILDREN FROM BRUTAL DEATH AT THE HANDS OF ABORTIONISTS.

OUR NETWORK OF 2800 PREGNANCY CARE CENTERS THROUGHOUT THE NATION, INCLUDING FIRST LOOK CENTER THIS WAXAHACHIE, HAS MANY RESOURCES TO HELP A WOMAN OR COUPLE WITH AN UNEXPECTED PREGNANCY. WE OFFER PREGNANCY TESTS, ULTRASOUNDS, MEDICAL CARE, MATERIAL ASSISTANCE, CHILDBIRTH AND PARENTING CLASSES. EMOTIONAL AND SPIRITUAL SUPPORT AND SOCIAL SERVICE REFERRALS. ALMOST ALWAYS AT NO COST.

MOST OF ALL, WE OFFER THEM LOVE. ABORTION HAS CORRUPTED EVERYTHING IT HAS TOUCHED. OUR LAW, OUR MEDICINE, OUR BUSINESSES, OUR CIVIC INSTITUTIONS, OUR CHURCHES, OUR FAMILIES, OUR MARRIAGES, OUR RELATIONSHIPS.

IT HAS EVEN DAMAGED OR DESTROYED WUB OF THE MOST POWERFUL FORCES

[00:15:07]

THERE ARE CURRENTLY NO ABORTION PROVIDERS IN MIDLOTHIAN OR ANYWHERE IN ELLIS COUNTY. PLEASE HELP US KEEP IT THAT WAY.

THE PEOPLE -- THE GOOD PEOPLE OF MIDLOTHIAN DESERVE NO LESS.

THANK YOU. >> LEWIS PONDER.

>> LEWIS POONDER, ZION ROAD, MIDLOTHIAN TEXAS.

NEARLY 250 YEARS AGO OUR FOUNDING FATHERS DOCUMENTED OUR GOD-GIVEN RIGHT TO LIFE, LIBERTY AND PURSUIT OF HAPPINESS.

AND WHY DID THEY PUT LIFE AT THE BEGINNING? BECAUSE WITHOUT IT, YOU CAN'T HAVE LIBERTY OR THE PURSUIT OF HAPPINESS. IF WE ALLOW AN ABORTION CLINIC TO COME INTO MIDLOTHIAN, WE ARE ALLOWING THOSE CHILDREN TO NOT HAVE THAT LIFE AND THEREFORE THEY CAN'T HAVE THE LIBERTY OR PURSUIT OF HAPPINESS THAT WE ALL HAVE TODAY.

SO I'M ASKING YOU, TO PLEASE GIVE US AN ORDINANCE, VOTE FOR IT, HOPEFULLY UNANIMOUSLY, LET'S MAKE SURE THAT THOSE LIVES ARE NOT TAKEN AGAIN. THANK YOU.

[CONSENT AGENDA]

>> THAT IS ALL THE CITIZENS I HAVE REGISTERED.

CONSENT AGENDA. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

WE HAVE TWO ITEMS, 2022-120 AND 2022-121 THAT HAVE BEEN REMOVED.

FROM THE CONCEPT AGENDA. DO I HAVE A MOTION FOR THE OTHER

ITEMS. >> MOVE TO APPROVE.

>> SECOND. >> MOTION TO APPROVE AND SECONDED. PLEASE VOTE.

>> CONSENT AGENDA IS APPROVED, 7-0.

COUNCIL COFFMAN IS RECUSED HIMSELF ON THIS ONE.

[2022-121]

>> 16,000. NOT 160 MILLION.

>> THEY WON'T LET ME GET MY EYE TEST BECAUSE MY BLOOD SUGAR

LEVEL IS TOO HIGH. >> STILL ON CONSENT, LET HIM RECUSE HIMSELF. DOES ANYONE WANT A PRESENTATION

ON THIS ONE? >> SURE.

>> YOU DO, OKAY, JUSTIN IF YOU WILL --

>> VERY BASIC. WE DID LAST YEAR TO GIVE SCHOOL SUPPLIES OUT TO KIDS IN THE SCHOOL SYSTEM THAT WERE ON A FREE OR REDUCED LUNCH. LAST YEAR WE DID OVER 2600 KIDS IN THE SCHOOL DISTRICT. THIS YEAR, WE CHANGED THE PROGRAM AND WE HAVE HAD MEETINGS WITH THE ADMINISTRATION OF THE SCHOOL DISTRICT PLUS ALL THE PRINCIPALS OF EACH SCHOOL. %-ÚD THE PRINCIPALS COME TO US AND SAY, WE USED TO TREAT EVERYBODY LIKE EVERY SCHOOL WAS THE SAME. AND WHAT WE HAVE FOUND OUT LAST YEAR, THE NEED OF ONE SCHOOL IS NOT THE SAME OF ANOTHER MIDDLE SCHOOL, OR ELEMENTARY SCHOOL. EACH ONE HAVE DIFFERENT NEEDS.

SO BY REACHING OUT TO THEIR PRINCIPALS, THEY WERE ABLE TO GIVE US A LITION OF SCHOOL SUPPLIES THAT THEY NEED FOR THEIR SCHOOL. AND IT IS WAY DIFFERENT FROM ONE SCHOOL TO THE NEXT SCHOOL. AND SO WHAT WE DID WAS WE WENT THROUGH AND WE HAVE PRICED IT OUT.

THIS ALSO COVERS THE BACK TO SCHOOL BADGE, THE MAYOR'S BACK TO SCHOOL BADGE THAT WE ARE HAVING AT THE STADIUM.

AGAIN, THIS YEAR IT IS A LOT SHORTER THAN LAST YEAR.

AN EVENING EVENT AND ALSO GOING TO HAVE FIREWORKS AND A BAND AT THE FACILITIES. QUESTIONS?

>> COUNCIL? COMMENTS, QUESTIONS, DISCUSSION?

[00:20:03]

DO WE HAVE A MOTION, PLEASE. >> MOVE TO APPROVE.

>> SECOND. >> MOTION APPROVED. SECONDED. PLEASE VOTE.

ITEM 121 IS APPROVED 6-0. IF YOU WILL BRING JUSTIN BACK.

[2022-120]

THE LEASE FOR ALL VEHICLES AND ASSOCIATED EMERGENCY EQUIPMENT INCLUDES FIVE ANNUAL PAYMENTS OF $40,047.00 AND A $3 RESIDUAL PURCHASE FOR A TOTAL OF $200,238.00.

CHIEF. >> MAYOR.

>> THESE PURCHASES ARE GOING TO GO -- THESE VEHICLES ARE DESIGNED FOR OUR SRO UNIT, SCHOOL RESOURCE UNIT.

LAST YEAR WE BEGAN A PROGRAM IN WORKING WITH THE SCHOOL DISTRICT TO REPLACE THAT FLEET THAT THEY USE.

BASICALLY, THEY USE VEHICLES THAT HAVE LEFT FRONTLINE SERVICE. SO ALL OF THEIR VEHICLES ARE WELL OVER 100,000 MILES. THIS PROGRAM ALLOWS THE SCHOOL DISTRICT TO BUDGET THEIR PORTION OF THE VEHICLES, KNOT NOT ONLY E THEY PAYING FOR A PORTION OF THE VEHICLE LEASE, PAYING FOR A PORTION OF THE VEHICLE FUEL AND MAINTENANCE EVERY YEAR SO THAT THEY HAVE A FUEL BUY-IN ON THAT PROCESS NOW.

THIS PAST YEAR, WE ADDED ANOTHER SRO.

SO WE ADDED VEHICLE FOR THAT SRO IN THIS YEAR'S BUDGET.

AND WE ARE REPLACING TWO OF THE CURRENT VEHICLES.

IN THE NEXT ILA WE HAVE FROM THE SCHOOL DISTRICT, I THINK WE ARE REPLACING THREE AND FOUR. ANOTHER FOUR.

SO THEIR FLEET THAT SERVICES THE SCHOOL DISTRICT WILL BE -- THEY WILL BE CONTRIBUTING TO THE MAINTENANCE AND COST OF THOSE VEHICLES. SO I CAN ANSWER ANY QUESTIONS.

>> COUNCIL? QUESTIONS OR COMMENTS? DISCUSSION? TAKE A MOTION, PLEASE.

>> MOVE TO APPROVE. >> SECOND.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. AND THE ITEM PASSES 7-0.

>> THANK YOU, CHIEF. >> THANK YOU VERY MUCH.

[2022-124]

1131, FROM AGRICULTURAL (A) DISTRICT TO

PLANNED DEVELOPMENT DISTRICT NO. >> I AM TOLD THERE NOT BE A

PUBLIC HEARING. >> THE APPLICANT HAS WISHED TO

CONTINUE TO APRIL 12TH. >> I MATION A MAKE A MOTION TO E

TO APRIL 12TH. >> MOTION, SECONDED, PLEASE VOTE. ITEM IS CONTINUED TO APRIL 12TH.

[2022-125]

ALSO, NO PRESENTATION. >> THE APPLICANT HAS REQUESTED

TO MOVE TO APRIL 12TH. >> A MOTION TO APPROVE.

SECONDED, PLEASE VOTE. >> THANK YOU.

ITEM CONTINUED APRIL 12TH, 7-0. OPEN ITEM 2022-126.

[2022-126]

[00:25:05]

I WILL MAKE MENTION THAT THIS IS BEFORE COUNCIL BECAUSE OF THE

SUNSET LAW. >> OKAY.

YES, SIR, THIS IS A BASICALLY A TRI-ANNUAL EVENT THAT WE BRING IT BACK TO COUNCIL UNDER A PUBLIC HEARING TO ENSURE THAT YOU ALL HAVE SAY WHETHER OR NOT THE ORDINANCE IS BEING EFFECTIVELY USED BY THE POLICE DEPARTMENT.

C WE PRESENT THAT EVERY FEBRUARY TO YOU AND GIVE THE STATISTICAL REVIEW, THE ANALYSIS OF THE YEAR BEFORE, AND THIS PAST YEAR WHAT WE SHOULD HAVE DONE IS HAD THIS ORDINANCE AT THE SAME TIME WE DID OUR LAST REVIEW SO THAT WE COULD HAVE TALKED ABOUT THOSE ISSUES. BUT IT IS CLOSE ENOUGH IN THE PAST THAT I DO RECALL, WE CAN TALK ABOUT THE CONJUNCTION OF NOT ONLY THE INCREASED ACTIVITY AT NIGHT, THE DAMAGES TO OUR PARKS, THIS ORDER ORDINANCE A D AND WE ARE WORKING WITH OUR CITY ATTORNEY TO MODIFY THE PARK ORDINANCE TO MIRROR THE TIME FIREARFRAMES THAT THE PARKS WOUE CLOSED.

IF SOMEONE IS IN PARK AFTER CLOSED HOURS, OFFICERS WOULD BE ABLE TO MAKE IMMEDIATE CONTACT FOR EITHER THE C CURFEW ORDINANE OR VIOLATION OF THE ORDINANCE ON THE CLOSED PARKS.

WE BELIEVE THAT THIS ORDINANCE HAS VALUE, THAT WE FINISH TO SEE ITS VALUE AT NIGHT. MANY OF THIS PAST YEAR'S CONTACTS WERE REPEAT OFFENDERS AND ACTUALLY PEOPLE WE HAVE VALIDATED THAT W WERE INVOLVED N CRIMINAL MISCHIEF.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> ON AVERAGE, HOW MANY CONTACTS DO YOU HAVE PER MONTH?

>> MAYOR, IT VARIES YEAR TO YEAR.

THIS PAST YEAR, WE PROBABLY HAD TWO TO THREE CONTACTS AFTER MIDNIGHT. AND SO THAT'S BEEN PRETTY RARE OVER THE LAST TEN YEARS WE HAVE HAD THE ORDINANCE.

BUT THAT IS INCREASING AS OUR POPULATION INCREASED.

NOW WE HAVE THE NEW PARKS ONLINE.

WE ARE SEEING -- IN FACT, CAMERA VIEWS THAT WE HAVE BEEN ACCESSING THAT SHOW JUVENILES WALKING TO THE PARK AT 2 O'CLOCK IN THE MORNING, 4 O'CLOCK IN THE MORNING, AND SO WE SEE THOSE KIND OF INCREASES. WE ALSO GET A LOT OF CAMERA VIEWS FROM LOCAL NEIGHBORHOODS WITH TEENAGERS OR FOLKS OUT LATE AT NIGHT. ESPECIALLY IN THE AREAS WHERE WE SEE BURGLARY VEHICLES, ATTEMPTED BURGLARY VEHICLES AND OTHER MISCHIEF. SO THIS IS JUST ANOTHER TOOL THAT GIVES THE OFFICERS WHO MAKE CONTACT, ANOTHER ONE OF THOSE TOOLS THAT PARENTS CAN USE TO KEEP YOUNG ONE IN, IF THEY WANT TO USE US AS THAT STICK. HAPPY TO BE THAT FOR THEM.

IFIT IS A USEFUL TOOL AND MORE USEFUL AS WE GROW.

>> WHAT ARE THE HOURS OF THE CURFEW.

>> DURING THE WEEK, 11 P.M. TO . AND WEEKEND IT IS MIDNIGHT TO 5.

>> THANKS. >> 12:01.

>> NO OTHER QUESTIONS, DO YOU HAVE A MOTION TO CLOSE?

>> MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE, SECONDED, PLEASE VOTE TO CLOSE. ITEM IS CLOSED, 7-0.

COUNCIL, DISCUSSION AND/OR MOTION.

>> I MAKE A MOTION TO APPROVE IF NO ONE HAS ANYTHING TO SAY.

>> SECOND. >> MOTION APPROVED. SECONDED. PLEASE VOTE. ITEM PASSES 7-0.

THANK YOU VERY MUCH, CHIEF. >> REGULAR AGENDA, ITEM

[2022-127]

>> GOOD EVENING. SO AS OUR CITY IS GROWING, THE NUMBER OF KIDS THAT ARE PLAYING AMATEUR SPORTS IS GROWING.

HOPKIN PARKS, WE HAVE MAXED THAT PARK OUT.

ONE OF THE THINGS ON CONSENT AGENDA TONIGHT, WE ADDED SPRINKLER SYSTEMS TO THAT PARK. BUT IT IS NOT BIG ENOUGH.

WE HAVE THE COMMUNITY PARK, NOW WE WILL ADD THE LIGHTS TO THE COMMUNITY PARK THAT WILL ALLOW THE SOCCER ASSOCIATION AND PEEWEE FOOTBALL AND OTHER PEOPLE THAT USE THAT PARK TO USE IT LATER INTO THE DAY, ESPECIALLY AS WE GET THAT WHERE -- IT GETS DARKER FASTER IN THE EVENINGS. SO ALLOW A LOT NOR G MORE GAMESO PLAY. IF YOU LOOK AT THE ENROLLMENT FOR SOCCER AND ENROLLMENT FOR PPEEWEE FOOTBALL, IT IS NOT

[00:30:02]

BY ADDING LIGHTS AT THE COMMUNITY PARK, IT WILL TAKE AWAY THE STRESS WE HAVE AT HOPKINS PARK.

AND ALLOW US TO DO THINGS LATER ON AT THE COMMUNITY PARK.

QUESTIONS? >> I THINK THAT'S GREAT.

SOMETHING I WISH WE COULD HAVE HAD IN THE BUDGET WHEN WE BUILT

THE PARK IN THE FIRST PLACE. >> I WILL TAKE A MOTION.

>> MOVE TO APPROVE. >> SECOND.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. ITEM PASSES 7-0.

WE HAVE BEEN OUT HERE 26 YEARS AND YOUTH SPORTS HAS BEEN A MAJOR FACTOR IN THE LIFE OF MY FAMILY AND OUR KIDS.

AND EVERYTHING I HEAR ABOUT OUR NEW COMMUNITY PARK IS EXCELLENT.

THE LAST SEVERAL WEEKENDS, I BELIEVE, IT HAS BEEN HEAVILY

[2022-128]

NECESSARY. >> THANK YOU, MAYOR, GOOD EVENING, COUNCIL. IN ACCORDANCE WITH LOCAL GOVERNMENT CODES, CHAPTER 395, MUNICIPALITIES THAT HAVE ADOPTED AN IMPACT FEE PROGRAM ARE REQUIRED TO, AT A MINIMUM, REVIEW AND UPDATE THE PROGRAM LOOKING AT THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLANS.

THE LAST UPDATE THAT WE DID WAS IN 2016.

FULL UPDATE WE DID, WE ALSO DID AN AMENDMENT IN 2018.

SO NARNS WITH THAT REQUIREMENT, WE ARE HERE THIS EVENING, FOR PRESENTATION AND FOR COUNCIL DISCUSSION.

AND THEN ON APRIL 12TH, WE WILL BE HAVING A PUBLIC HEARING AND THEN COUNCIL WILL CONSIDER AND CAN TAKE ACTION REGARDS TO THE IMPLEMENTATION OF THE APPROPRIATE FEES FOR ROAD WATER AND WASTE WATER. TONIGHT WE WILL HAVE A PRESENTATION FROM OUR CONSULTANT WITH FRAZIER NICHOLS.

I WILL TURN IT OVER AND WE WILL GET THE POWERPOINT GOING.

>> THANK YOU, GOOD EVENING. THANK YOU FOR THE OPPORTUNITY TO PRESENT THIS INFORMATIONAL ITEM. AS MIKE MENTIONED, YOU WILL BE SEEING THIS AS A FORMAL PUBLIC HEARING ITEM AT THE NEXT COUNCIL MEETING IN APRIL. SO WHAT WE ARE AIMING TO DOING IS WHETTING THE APPETITE FOR THE MEETING NEXT MONTH.

IT IS GOING TO KIND OF REVIEW SOME OF THE KEY ELEMENTS OF THE IMPACT FEE PROGRAM FOR THOSE FOLKS NEW TO IMPACT FEES.

IMPACT FEE IS AN ONE-TIME CHARGE IMPOSED ON NEW DEVELOPMENT FOR THE IMPACT OF A SPECIFIC DEVELOPMENT APPLICATION ON INFRASTRUCTURE. NAMELY WATER, WASTE WATER AND ROAD SYSTEM. THIS POLICY OF IMPACT FEES HAS BEEN IN PLACE HERE IN MIDLOTHIAN SINCE 2001.

SO AS MIKE MENTIONED, THIS IS A MANDATED UPDATE.

AT LEAST EVERY FIVE YEARS AND THE PROGRAM HAS BEEN UPDATED SINCE THE 2000S FOR THE PROGRAM. THE BASIC PREMISE IS, AS NEW GROWTH AND DEVELOPMENT O OCCUR WITHIN MIDLOTHIAN, NEW DEVELOPMENT SHOULD SHARE IN THE BURDEN OF THE INFRASTRUCTURE COST. WE HAVE GONE THROUGH A VERY DELIBERATE TECHNICAL PROCESS TO GET TO THE COST TO PROVIDE A UNIT OF SERVICE FOR INFRASTRUCTURE BUT THE BOTTOM LINE WITH THIS FINANCE TOOL IS INFRASTRUCTURE IS VERY EXPENSIVE. YOU WILL HEAR SOME NUMBERS HERE THAT ARE REALLY QUITE SURPRISING.

BUT WITHOUT THE IMPACT FEE PROGRAM, WHO IS GOING TO PAY FOR IT? BOTTOM LINE IS, IF NEW DEVELOPMENT ISN'T SHARING IN A PORTION OF THAT COST, IT IS YOUR TAX BASE THAT PICKS THAT COST UP.

SO THE IMPACT FEE PROGRAM DEFRAYS THAT COST AND YOU NEW DEVELOPMENT PICKS UP THAT PORTION OF COST.

SO THERE'S SEVERAL ADVANTAGES TO THE IMPACT FEE PROGRAM THAT HAS BEEN WITNESSED THROUGH THE DECADES IN MIDLOTHIAN.

THE MONIES ARE USED TO PAY FOR KEY INFRASTRUCTURE IMPROVEMENTS.

BIG TICKET ITEMS. NEW ROADWAYS, NEW WATER LINES, WASTE WATER LINES, LIFT STATIONS, PUMP STATIONS.

AND MOSH IMPORTANTLY, THE PROGRAM, IT CHARGES BASED ON THE DEMAND CONSUMED BY DEVELOPMENT APPLICATION.

LARGER DEVELOPMENT APPLICATIONS THAT CONSUME MORE WATER, MORE ROADWAY CAPACITY CAN ANTICIPATE TO PAY A HIGHER FEE.

SO THE PROGRAM IS VERY TRANSPARENT FROM THAT SENSE.

IF PROVIDES UP FRONT KNOWLEDGE OF THE DEVELOPMENT COMMUNITY ABOUT WHAT I AM IMPACT FEES THEL BE EXPECTED TO PAY.

MONIES THAT COME IN, THE DISADVANTAGE, IS IT TRICKLES IN.

AS GROWTH AS DEVELOPMENT HAPPENS, THOSE FEES GET PAID THAT WAY. IT COULD PUT THE CITY IN THE POSITION OF FRONTING. THE COSTS.

BUT YOU HAVE BEEN DOING THAT. RECOUPING THE COSTS OF CONSTRUCTION OF IMPLEMENTING SOME OF THE FACILITIES.

THE PROGRAM HAS BEEN SUCCESSFUL. WHAT ARE THE MONIES COLLECTED, WHAT DO THEY PAY FOR? THEY PAY FOR THE COST ASSOCIATED WITH PUTTING APU APPURTENANCES N THE GROUND.

[00:35:01]

NOT DEALING WITH OPERATION OR MAINTENANCE.

SIMPLY NEW CAPACITY. YOUR PROJECTS ON YOUR THOROUGHFARE PLAN, WASTE WATER PROJECTS.

PROJECTS COMPLETED, STILL HAVE EXCESS CAPACITY.

WE ARE RECOUPING THE COST THAT HAS BEEN FRONTED FOR THAT EXCESS CAPACITY WITH THE IMPACT FEE PROGRAM.

AS I MENTIONED EARLIER, IT IS A VERY TECHNICAL PROCESS THAT WE HAVE GONE THROUGH TO GET TO THIS BOTTOM LINE TO PROVIDE SERVICE.

AT THE CULMINATION OF THE STUDY, WE HAVE REPORTS THAT HAVE BEEN PREPARED. THEY ARE MADE AVAILABLE FOR PUBLIC REVIEW. THE POLICY DECISION MAKING, WE IDENTIFY SIMPLY THE MAXIMUM THAT YOU CAN COLLECT FROM A NEW DEVELOPMENT ON IMPACT FEE UNIT BASIS.

AND BY POLICY IT IS A DECISION ON WHAT IS THE DESIRE OF THE COUNCIL, OF THE COMMUNITY BY WAY OF A COLLECTION RATE.

WE WILL TALK ABOUT THAT IN A MINUTE.

WE DID WORK WITH CAPITAL IMPROVEMENT ADVISORY COMMITTEE, THE PLANNING & ZONING COMMISSION THAT SERVED AS CIAC.

THEY HAVE A LETTER THAT THEY WILL BE FORWARDING TO YOU BY WAY OF A RECOMMENDATION. WE WILL HIT THE HIGHLIGHTS OF THAT HERE IN A MINUTE. MANY OF THE TECHNICAL COMPONENTS THAT ARE HIGHLIGHTED AS PART OF 395 ARE THINGS THAT HAVE ALREADY BEEN IN PLAY. DEFINITION OF SERVICE AREAS.

THE DEFINITION OF APPROPRIATE SERVICE UNITS, TO QUANTIFY HOW MUCH CAPACITY IS BEING MADE AVAILABLE, HOW MUCH CONSUMPTION BY WAIT FUTURE GROWTH AND DEVELOPMENT.

DEFINITION OF CAPITAL IMPROVEMENTS PLAN.

DEFINITION OF LAND USE ASSUMPTIONS.

THE D DERIVATION, STRAIGHT TECHNICAL.

THIS FORMULA RIGHT HERE, THAT IS THE COST NECESSITATED BY FUTURE GROWTH IN TERMS OF THE COST OF CAPITAL FACILITIES, DIVIDED BY SERVICE UNITS OF GROWTH IS OUR COST PER SERVICE UNIT OR COST FOR THE IMPACT FEE PROGRAM. WE DO HAVE SEVERAL DIFFERENT SERVICE AREAS BY INFRASTRUCTURE TYPE.

WATER AND WASTE WATER HAS A SINGLE SERVICE AREA.

FOR ROADS, SEVEN DIFFERENT SERVICE AREAS.

SHOWS DIFFERENT COLLECTION RATES THAT CAN BE CONSIDERED FOR THE ROADWAY PROGRAM PER SE. WE DID CREDIT THE COST OF THE CIP BY 50%. THE ANTICIPATION WAS THAT WE WOULD NOT COLLECT MORE THAN 50%. SO BY A POLICY DECISION, WE DECIDED TO NOT DO THE FINANCE STUDY.

WE CREDIT I CREDITED 50%. USE OF THE YEARS, WHEN THE POLICEMAN'S WERE UPDATED, I IMAGINE IMAGINE TO THE RIGHT IS THE ROADWAY PROGRAM. ROADWAY ALLIANCE WITH CITY LIMITS. SEVEN SERVICE AREAS IDENTIFIED FOR ROADS. THE REASONS THERE IS MULTIPLE FOR ROADS IS THAT WE ARE ENSURING THAT DEVELOPMENT ON THE NORTH SIDE OF TOWN ISN'T PAYING FOR IMPROVEMENTS ON THE SO SOUTH SIDE OF TOWN. FEES COLLECTED ARE SPENT IN THE VICINITY WHERE THOSE BOUNDARIES ARE DEFINED.

CAPITAL IMPROVEMENTS ADVISORY COMMITTEE, THEY PROVIDED INPUT ON BOTH LAND USE ASSUMPTIONS, THE CAPITAL IMPROVEMENT PLANS FOR EACH WATER, W WASTE WATER AD ROADS.

THE LETTER OF RECOMMENDATION THAT YOU WILL GET, TARGETING THAT FOR APRIL 4TH IN ADVANCE OF YOUR APRIL 12TH PUBLIC HEARING.

SO WHERE WE ARE IS THE THIRD STEP, LAST STEP.

PUBLIC HEARING. SUBJECT TO THE OUTCOME OF THE PUBLIC HEARING, WILL BE THE ADOPTION OF THE ORDINANCE.

IF THE ORDINANCE PASSES MUSTER THAT NIGHT, OR IF THE PROGRAM IS APPROVED THAT NIGHT, THEN THE ORDINANCE WILL BE READ AND IF YOU ARE ONE READING COMMUNITY, YOU WILL READ THAT ORDINANCE THAT NIGHT. IF YOU ARE A TWO-READING COMMUNITY, YOU WILL HAVE YOUR NEXT MEETING TO READ THE SECOND READING. AS LONG AS IT IS DONE WITHIN 30 DAYS OF THE HEARING. QUICK OVERVIEW ON LAND USE ASSUMPTIONS. LAND USE ASSUMPTIONS ARE WHEAFER WHAT'STHE FORECAST OF HOW WE SEE MIDLOTHIAN GROWING OVER THE NEXT TEN YEARS. A LOT OF ANALYSIS WENT INTO THE GROWTH RATE. IT IS DIFFERENT FOR THE DIFFERENT SERVICE AREAS FOR ROADS AND WASTE WATTSER, 5% FOR THE WATER SERVICE BOUNDARY. IT IS ALMOST 6%.

BUT BASICALLY WE SEE MIDLOTHIAN GROWING OVER THE NEXT TEN YEARS BY ABOUT 16,000 PERSONS OR SO FOR THE TEN-YEAR WINDOW.

AGAIN, THIS IS UPDATED AT LEAST EVERY FIVE YEARS.

SO IN FIVE YEARS, THERE WILL BE ANOTHER CRACK AT REVIEWING THE GROWTH RATES AND MAKING AMENDMENTSMENTS TO POPULATION AND EMPLOYMENT GROWTH WITHIN THE SERVICE AREAS.

THE CAPITAL IMPROVEMENTS PLANNING PROCESS, WE STARTED FROM YOUR PREVIOUS IMPACT FEE PROGRAM.

WE WANTED TO ASSURE THERE IS CAPACITY AVAILABLE FOR THOSE PROJECTS THAT ARE IN THERE. WE REVIEWED YOUR MASTER THOROUGHFARE PLANS, WATER AND WASTE WATER PLANS FOR PROJECT ELIGIBILITY. CERTAIN REQUIREMENTS FOR THOSE CONSIDERATIONS. WE MET WITH STAFF ON KEY

[00:40:01]

ALSO IN THE CASE OF ROADS, STATE PROJECTS ARE ELIGIBLE ONLY TO THE EXTENT THAT THE CITY PORTION OF COST THAT'S BEING CONSIDERED ONLY ON THOSE PROJECTS. SO SOME OF THE FM PROJECTS TYPICALLY WILL HAVE ASSUMPTIONS FROM ANYWHERE 10 TO 20%.

THE CITY PARTICIPATION. THAT'S ONLY THE PORTION OF COST THAT WE HAVE CONSIDERED IN THE COST CALCULATION.

WE HAVE INCLUDED THE COST OF UPDATES.

THIS WHOLE UPDATE PROCESS HAS BEEN ROLLED INTO THE C CALCULATIONS. THE PROGRAM IS BASICALLY PAYING FOR ITSELF. BY WAY OF WATER AND WASTE WATER CIP, THE IMAGE THERE BEFORE YOU IS THE TEN-YEAR WATER CIP.

BIG TICKET PROJECT ITEMS INCLUDE AUGER WATER TREATMENT PLANT, TAIMAN WATER TREATMENT, PUMP STATION, THOSE BIG TICKET PROJECTS. THOSE ARE ALL INCLUDED INTO THE PROGRAM THERE. BY WAY OF SUMMARY, TOTAL CIP COST IS A LITTLE OVER $47 MILLION.

THE ELIGIBLE DEBT SERVICE COSTS ARE 13 MILLION THAT'S INCORPORATED IN THE PROGRAM FOR AN ELIGIBLE IMPACT FEE COST OF $61 MILLION. BASED ON YOUR SERVICE UNITS OF GROWTH, IT IS ANTICIPATED THAT WILL BE ALMOST 5500 SERVICE UNITS OF GROWTH OVER THE TEN-YEAR WINDOW.

TAKING THE $61 MILLION, DIVIDE IT BY THE 5500 SERVICE UNITS OF GROWTH, RESULTS IN A COST PER SERVICE UNIT OF ABOUT $11,285.

50% CREDIT, CUTTING THAT IN HALF, THE COSTS, MAXIMUM THAT YOU CAN COLLECT ON A PER-SERVICE UNIT BASIS IS 5,642 FOR WATER.

THE WASTE WATER ALSO ROOTED IN YOUR WASTE WATER MASTER PLAN.

COUPLE KEY PRONES, MOUNTAIN CREEK WASTE WATER FACILITIES, COUPLE LIFT STATIONS, BIG TICKET ITEMS TO HELP FACILITATE CONTINUE GROWTH AND DEVELOPMENT. THROUGHOUT THE SERVICE AREA, 43, ALMOST $44 MILLION OF PROJECTS THAT WERE IDENTIFIED AS PART OF THE WASTE WATER PROGRAM. DEBT SERVICE OF ABOUT 13.9 MILLION TOTALING THE CIP OF ABOUT $57 MILLION THIS WASTE WATER PROJECTS. CONSIDERING THE SERVICE UNITS OF GROWTH, 6500 SERVICE UNITS OF GROWTH, COST PER SERVICE UNIT IS A LITTLE OVER $8,800. AFTER THE CREDIT, THE MAXIMUM THAT YOU CAN CONSIDER ON A SERVICE UNIT BASIS FOR WASTE WATER IS $4,436. THAT'S FOR AN ONE-INCH METER.

IN THE CASE OF THE ROADS, MASTER THOROUGHFARE PLAN, COLLECTOR AND MATERIAL FACILITIES WERE CONSIDERED FOR CONSIDERATION.

SEVERAL AMENDMENTS MADE TO THE ROAD PROGRAMS. SEVERAL PROJECTS HAVE BEEN COMPLETED SINCE THE LAST UPDATE, AS WELL AS SEVERAL PROJECT ADDITIONS INCLUDED INTO THE PROGRAM. BIG TICKET COMPLETIONS WERE 14TH STREET ON THE SOUTH OF 287 AS WELL AS LAKE STONE.

BIG PROJECT ADDS INCLUDING GIFCO, FM 875, MOUNTAIN ZION WEST. INTERSECTION AND SIGNALIZATION HIGHLIGHTED IN BLUE DOTS THROUGHOUT THE SERVICE AREAS ARE INCLUDED AS WELL AS SEVERAL COLLECTOR CLASS FACILITIES.

DON FLOYD, AIRPORT DRIVE, PLAIN VIEW DRIVE.

SOUTHERN SECTOR, BUT ALL THE NEW ADDS ARE HIGHLIGHTED IN YOAL LOW. YELLOW.

TOTAL CIP COST FOR ROADS, $346 MILLION.

CREDITED COST, 50% CREDIT, $173 MILLION BASED ON SOME OF THAT CAPACITY GETTING CHEWED UP, MAXIMUM IS 146.

IN OTHER WORDS, THAT'S THE WHOLE SYSTEM.

SO IT IS ALREADY OUT THERE, ALREADY TRAFFIC CHEWING UP SOME OF THE NEW CAPACITY. THE AMOUNT OF COST THAT WE NEED, WE ARE ONLY GOING TO NEED 26.8 MILLION OVER THE TEN-YEAR WINDOW, TO FACILITATE THE TEN-YEAR GROWTH PART OF THE LAND USE ASSUMPTIONS. PLENTY OF CAPACITY IN THE CIPS. THIS TABLE HIGHLIGHTED IN GREEN IS THE COST PER SERVICE UNIT FOR ROADS.

SINCE WE HAVE 7 SERVICER AREAS, SIX OF THOSE HAVE A COST.

FIVE WE HAD NO PROJECTS IN THERE.

WE HAVE NEVER HAD A PROJECT IN SERVICE AREA FIVE.

BUT THE RANGE OF THE COST PER SERVICE UNIT RESULTS IN 972 SERVICE AREA 6 UP TO $3,069 IN SERVICE AREA 7.

SO THE CHALLENGE THERE IS FOR THE ROADS, BECAUSE WE HAVE

[00:45:04]

SO THAT WAY IT WILL BE UNIFORM THROUGHOUT THE COMMUNITY.

THEY WILL HAVE NOT HAVE ONE DEVELOPMENT PAYING HIGHER.

RECOMMENDATION IS 97 972 PR SERE UNIT FOR ROADS.

WE DID BENCHMARKING, OTHER PROGRAMS, WHAT ARE THEY COLLECTING BASED ON TYPES OF DEVELOPMENT.

WE HAVE A COUPLE OF SCENARIOS THAT WE RAN HERE.

THE GRAPHS ARE QUITE LOADED. IN THIS PARTICULAR IMAGE, IS THE COST OF ONE SINGLE FAMILY RESIDENCE.

IMPACT FEE. SO YOU CAN SEE WHOLE HOST OF CITIES PRETTY MUCH IN THE SOUTHERN SECTOR OF THE M METRO PLEX AND THE ASSOCIATED I AM IMPACTFEE WATER IN BLUE, WASTE R IN GREEN, AND ROADS IN ORANGE. MOST OF THESE SAMPLES CITIES HAVE MULTIPLE ROADWAY SERVICE AREAS SO IT IS A WEIGHTED AVERAGE. YOU ARE COLLECTING ALMOST $7,500 FOR ONE SINGLE FAMILY RESIDENCE AS IMPACT FEE.

BASED ON THE NEW CALCULATION, COULD GO AS HIGH AS $13,000 BUT THE RECOMMENDATION IS GOING TO BE COLLECTING AT $3,500 FOR WATER AND WASTE WATER AND 972 FOR ROADS.

THAT THAT IMPACT FEE WOULD GO UP FROM 7500 TO ABOUT ALMOST $10,000. THIS WAS THE FIRST JUMP IN TERMS OF COLLECTIONS FOR THE ROADS, COMBINED ROADS.

BUT COST OF THE INFRASTRUCTURE IS FAR OUT WEIGHING AND THE BURDEN THAT IS BEING PLACED ON THE CITY, IT REALLY JUSTIFIES THE INCREASE IN THE IMPACT FEE. THIS SCENARIO HERE, WE LOOKED AT 10,000 SQUARE FEET OF GENERAL OFFICE.

UNDER THE CURRENT PROGRAM, YOU ARE COLLECTING ABOUT $60,000 FOR 10 HOW SQUARE FEET OF OFFICE DEVELOPMENT.

THAT'S COMBINED. ROADS, WATER, WASTE WATTSER.

UNDER THE NEW CALCULATION, YOU COULD GO AS HIGH AS $88,000.

RECOMMENDATION IS NOT TO HIT THAT MAXIMUM BUT TO COLLECT ABOUT 40%, 45% ON ROADS AND THEN 3500 FOR WATER/WASTE WATER, ABOUT $76,000 FOR 10,000 SQUARE FEET OF OFFICE.

WE RAN THROUGH A COUPLE OF OTHER SCENARIOS, 50,000 SQUARE FEET OF SHOPPING, HIGHLIGHTING HERE AS EXISTING.

$88,000, RECOMMENDING AN INCREASE TO A LITTLE OVER $100,000 FOR SHOPPING CENTER. 50,000 SQUARE FEET OF SHOPPING.

AND THEN LIGHT INDUSTRIAL, 50,000 SQUARE FEET OF LIGHT INDUSTRIAL, CURRENTLY COLLECTING AT ABOUT 178, HAVING THAT INCREASED TO ABOUT 187. EVERY DEVELOPMENT APPLICATION WILL VARY. SO THESE ARE JUST GENERIC SAMPLES, SO WHERE DOES MIDLOTHIAN SLIDE IN RELATIVE TO OTHER COMMUNITIES? YOU CAN SEE THE WHOLE HOST OF CITIES THAT WE HAVE PULLED FOR WHAT WE CALL BENCHMARKING.

BOTTOM LINE, WE FEEL THAT THE RECOMMENDED INCREASES THAT THE ADVISORY COMMITTEE WILL BE FORWARDING TO YOU ARE APPROPRIATE. THEY ARE MORE OR LESS MIDDLE OF THE ROAD WHEN YOU COMPARE SOME OF THESE OTHER PEER CITIES.

YES, SIR? >> [INAUDIBLE].

>> SO, RIGHT, THESE ARE THE CITIES, THEIR LAST UPDATES.

WHAT IS CRE CURRENT ON THEIR ORDINANCE.

>> COMPARING OUR 2022 TO 2017. >> YEAH.

THOSE CITIES WILL BE DUE UP. YEAH.

SO WE GO THROUGH THIS SO YA'LL HAVE AN UNDERSTANDING OF WHERE THE COLLECTION RATES MIGHT BE AND HOW YOU SLIDE IN COMPARED TO SOME OTHER COMMUNITIES. YOU CAN SEE ON THE HIGH END, CELINA, PROSPER, DENTON, THEY ARE BEHIND THE CURVE ON INFRASTRUCTURE COLLECTING THE MAXIMUM ALLOWABLE.

THEY DID THE STUDY TO JUSTIFY THE COLLECTIONS.

50,000 SQUARE FEET OF LIGHT INDUSTRIAL AT THE RECOMMENDED $187,000 IMPACT FEE IS THREE HUNDRED POLICEMEN IN DENTON, PRPROSPER AND CELINA. THE TECHNICAL PROCESS TO GET TO THE COST PER SERVICE UNIT. HOW YOU ALL DECIDE TO COLLECT IS WITHIN YOUR PURVIEW, WHETHER IT IS A UNIFORM FEE ACROSS THE BOARD LIKE IN THE CASE OF ROADS. 972 A SERVICE UNIT.

THEN WATER AND WASTE WATER AT 3500 PER SERVICE -- THE ONE-INCH

[00:50:04]

THEIR RECOMMENDATION IS THAT THEY RECOMMEND COUNCIL CONSIDER COLLECTING UP TO 50% OF THE MAXIMUM ALLOWABLE.

THAT WAY YOU ALL HAVE LATITUDE IN THAT COLLECTION RATE.

THAT WAS AFTER MUCH DELIBERATION, THEY DECIDED THAT'S THE ROUTE THEY WANTED TO GO.

THIS TABLE HERE IN THE THIRD COLUMN SUMMARIZES WHAT'S GOING ON HERE. CURRENTLY, AT THE TOP BOX, 2016 RATES, THESE WERE THE NUMBER CRUNCH, IF YOU WILL, TO GET TO WHAT THE COLLECTION RATE WAS BY POLICY YOU HAVE ON THE BOOKS FOR WATER, COLLECTING $2,000 FOR ONE-INCH WATER.

$3,000 FOR WASTE WATER. AND 786 FOR THE VEHICLE MILE FOR ROADS. NOW UNDER THE NEW NUMBER CRUNCH, COLLECTED RATE OF 3500 FOR WATER, 3500 FOR WASTE WATER, AND THEN 972 FOR EACH OF THE SERVICE AREAS R EXCEPT 5.

THAT SHOULD BE A ZERO. SO THAT'S THE RECOMMENDATION THAT'S COMING FORWARD TO YOU FOR CONSIDERATION.

BUT AND THE LAST STEPS, WILL BE THE PUBLIC HEARING NEXT MONTH TO CONSIDER ON THOSE COLLECTION RATES AND THEN THE ADOPTION OF THE ORDINANCE. ALL RIGHT, WHIRLWIND OF STUFF HERE. BUT OPEN TO ANSWER ANY QUESTIONS YOU MAY HAVE WITH REGARDS TO THE TECHNICAL STUFF OR ANY OF THE POLICY OR PROCEDURAL THINGS THAT YOU MIGHT BE CONSIDERING AT NEXT

MONTH'S PUBLIC HEARING. >> I HAVE ONE QUESTION, FOR MIKE. I MIGHT BE IN TOTALLY LEFT FIELD. SO IT WAS LIKE A YEAR AGO WE HAD TALKED ABOUT UPPING THE IMPACT FEE TO COVER THE COST OF INSPECTION BECAUSE DEVELOPERS WERE PUTTING IN THE WATER LINES AND SEWER LINES, FRANCHISEES WERE GOING BACK.

IS THIS THE SAME? >> THAT WAS THE INSPECTION.

THAT WAS THROUGH THE CONSTRUCTION INSPECTION FEE THAT

WENT UP. >> WE DIDN'T HIDE IT IN THE ROAD

IMPACT FEE. >> NO.

WE COULDN'T DO THAT. THAT WAS PART OF THE INSPECTION

FEES. >> I'M FOLLOWING NOW.

>> BUT GOOD QUESTION, THOUGH. >> A VERY DETAILED REPORT, I

APPRECIATE IT VERY MUCH. >> IT IS MIRED AND TECHNICAL, THAT'S FOR SURE. BUT YOU HAVE TO HAVE THAT AS JUSTIFICATION ON THE CALCU CALCULATION.

>> THANK YOU VERY MUCH. GREAT PRESENTATION.

>> YOU BET. >> I KNOW WE ARE BRINGING THAT BACK. IF YOU SEE ANY CHANGES THAT YOU EITHER NOW OR BEFORE APRIL 12TH, WE WOULD NEED TO KNOW WHAT THOSE DIRECTIONS ARE. OTHERWISE, THIS IS WHAT YOU ARE

GOING TO SEE ON THE 12TH. >> I THINK IT IS A LITTLE HARD TO GAUGE GIVEN COST OF CONSTRUCTION, DRASTIC INCREASES OBVIOUSLY, OUR ROADWAY IMPACT FEES, OTHER FEES NEED TO REFLECT THAT. THAT IS TAKEN INTO EFFECT, THE INFLATION RATE, ECONOMIC FOR SEEBL FUTURE.

FORESEEABLE FUTURE. >> WHEN PROJECTS ARE COMPLETED, THE ACTUAL NUMBERS HAVE TO GO IN VERSUS THOSE THAT WERE PLANNED.

SO IF WE HAD REALLY HIGH NUMBERS, THE ACTUAL NUMBERS CAME IN REAL LOW, A DIFFERENCE OF GREATER THAN 10%, IT COULD PUT THE CITY IN A REFUND SITUATION. SO WE HAVE GONE IN CONSERVATIVE BUT MORE IMPORTANTLY, WE HAVE LOOKED AT THE UNIT COST, 12-MONTH AVERAGES FOR PROJECTS IN THE MIDLOTHIAN AREA.

MIKE HAS GIVEN US SEVERAL BID PASTS.

WE HAVE CURRENT COSTING, JUST NOT COVERING THE CONTINGENCY.

WE ARE ON THE LOW SIDE. >> CLEARLY WE DON'T WANT TO OVERCHARGE. BUT DON'T WANT TO UNDER CHARGE.

>> BUT AT THE RATE THINGS ARE GOING, YOU WILL HAVE PROJECTS THAT ARE COMPLETED, THOSE ACTUALS GET PLUGGED IN IN THE NEXT UPDATE IN AT LEAST FIVE YEARS, IF NOT SOONER.

IT IS NOT LIKE YOU ARE LOSING THAT MUCH.

>> CAN YOU UPDATE ME SOONER THAN FIVE YEARS.

>> IT CAN. THERE ARE SOME COMMUNITIES THAT DO IT ABOUT EVERY TWO YEARS. THE ADVISORY COMMITTEE WOULD TRIGGER THAT UPDATE. IF THEY FEEL LIKE, HEY, IT IS TIME, IT IS YEAR TWO OR YEAR THREE, YOU GET A LETTER, MAYBE IT IS TIME TO TAKE A LOOK AT SOME THINGS BASED ON HOW THINGS

ARE GOING. >> BUT IF WE UNDERESTIMATE,

THAT'S WHAT WE GET. >> AT LEAST EVERY FIVE YEARS.

[00:55:01]

CALCULATION. THE PROJECTS GENERALLY AVERAGE COST WISE. THERE IS SOME PROJECTS THAT ARE MORE EXPENSIVE THAN OTHERS, BUT ON A PROJECT SUMMARY BY SERVICE AREA, FOR THE SEVEN ROADS, ALL KIND OF GENERALLY TEND TO

AVERAGE OUT. >> THIS IS A LOT TO DIGEST.

I'M SURE WE WILL HAVE QUESTIONS. >> THAT'S WHY I WANTED YOU TO

HAVE A PREVIEW OF THIS THING. >> I'M NOT REMOTELY EVEN CLOSE TO ECONOMIC EXPERT. HOWEVER, I WOULD SAY NOTHING HAS COME IN UNDER BUDGET ON ANYBODY'S CAPITAL IMPROVEMENT PROJECTS OR DEVELOPMENT PROJECTS OR ANYTHING FOR QUITE A NUMBER OF YEARS. SO BUDGETING CONSERVATIVELY TO ASSURE WE DON'T HAVE A REFUND SITUATION, I DON'T SEE THAT

HAPPENING. >> [INAUDIBLE].

>> WE HAVE BUDGET DEVELOPMENT AGREEMENTS WHERE WE ARE DOING REIMBURSEMENTS OF IMPACT FEE. WE COLLECT THEM AND THEN

REIMBURSE THEM. >> THAT IS DETERMINED.

PREDETERMINED REIMBURSEMENT IS DIFFERENT THAN A REFUND.

>> CORRECT. >> BUT THERE ARE MECHANISMS THAT WE CAN PROTECT OURSELVES AGAINST IF WE DO HAVE TO REFUND.

THE POINT IS WELL TAKEN. COUNCIL?

>> ONE OTHER BRIEF QUESTION. WHERE ARE OUR NUMBERS STAND RIGHT NOW? WOULD YOU SAY WE ARE ON THE HIGH END OF COMMUNITIES AROUND US? LOW END OR SOMEWHERE IN THE

MIDDLE? >> YOU ARE GENERALLY IN THE MIDDLE. IN THE CASE OF SINGLE FAMILY RESIDENTIAL, SO HERE YOU ARE CURRENTLY.

HERE'S THE PROPOSED NUMBER. YOU HAVE GOT CEDAR HILL, COLONY JUST UNDERNEATH, PROSPER, WAXAHACHIE ON THE HIGHER SIDE.

DENTON AND CELINA. THAT'S ON THE NORTH SIDE.

TECHNICALLY HIGHEST ONE HERE ON THE SOUTH SIDE.

YOU IMPLEMENTED A MORATORIUM IN THE MID 2000S.

>> THANK YOU. >> ANY OTHER POINTS OR QUESTIONS

COUNCIL? >> THANK YOU VERY MUCH.

>> YOU BET, THANK YOU. >> THANK YOU.

[2022-129]

>> THAT'S A LOT TO DIGEST. ITEM 2022-129 CONSIDER AND ACT UPON APPOINTMENTS TO THE MID-WAY REGIONAL AIRPORT BOARD AND DISCUSS SECTION 9 OF THE JOINT AIRPORT AGREEMENT AND PROVIDE DIRECTION TO STAFF, AS NECESSARY. CHRIS, I BELIEVE THIS IS YOURS.

>> MAYOR AND COUNCIL, AS STATES IN THE AGENDA ITEM, THERE IS A SECTION IN OUR JOINT AIRPORT BOARD SECTION 9 THAT TALKS ABOUT CONFLICTS OF INTEREST AND IT TALKS ABOUT NOT HAVING ANY CONTRACTS WITH THE AIRPORT. WE HAVE TWO OF OUR APPOINTED BOARD MEMBERS THAT HAVE HANGAR LEASES AT THE AIRPORT.

THUS, THEY HAVE A CONFLICT PER THIS SECTION.

SO WHAT IT SAYS IN HERE, IF THEY HAVE A CONFLICT THAT COULD BE GROUNDS FOR REMOVAL. AND SO THE COUNCIL NEEDS TO TAKE A VOTE ON WHETHER TO LEAVE THEM ON THE AIRPORT BOARD OR REMOVE THEM FROM THE AIRPORT BOARD. AS A SECOND PART OF THAT, SO THAT'S ONE. THAT'S THE ACTION ITEM.

JOE HAD SUGGESTED THAT WE ALSO GET SOME DIRECTION FROM THE COUNCIL ON WHETHER OR NOT YOU WANT THAT POLICY TO CONTINUE OR WHETHER YOU WANT US TO DISCUSS WITH WAXAHACHIE MODIFICATIONS TO THIS LANGUAGE TO EITHER EXCLUDE HANGAR LEASES FROM BEING A CONFLICT? MAKE IT MANDATORY THAT THEY BE OFF THE BOARD. I.E., THEY COULD NOT HAVE A HANGAR LEASE. OR YOU COULD LEAVE IT AS IT IS WHERE THE APPOINTING COUNCIL HAS THAT AUTHORITY.

THERE IS A THIRD PERSON ON THE BOARD THAT HAS A LEASE BUT THEY WERE APPOINTED BY WAXAHACHIE. SO WAXAHACHIE WOULD HAVE TO MAKE A DECISION OF WHETHER THEY WANT TO LEAVE THAT PERSON ON OR REMOVE THEM. SO WITH THAT, I WILL BE GLAD TO

ANSWER ANY QUESTIONS. >> COMMENTS?

WALTER? >> IS THAT THIRD PERSON APPOINTED BY WAXAHACHIE CURRENTLY APPOINTED BY US BECAUSE IT IS OUR ROTATING YEAR AND WE RENEWED HIS APPOINTMENT?

>> WE ACTUALLY, I BELIEVE IT WAS 2019, ACTUALLY DEFERRED OUR APPOINTMENT TO THEM AT THAT TIME AND THEN SO WE HAVE THE NEXT TWO. SO WE WOULDN'T HAVE THAT PERSON

[01:00:03]

UP UNTIL THE END OF THIS YEAR. >> THE THIRD PERSON, IF I UNDERSTAND THE QUESTION, MIDLOTHIAN HAS NOT BEEN INVOLVED IN THE THIRD PERSON WITH THE LEASE.

IS THAT CORRECT? >> THEY HAVE A LEASE BUT WE

DIDN'T APPOINT THEM. >> WE DID NOT APPOINT THE THIRD PERSON. WE HAVE TWO APPOINTMENTS FROM -- ON THE BOARD THAT MIDLOTHIAN MADE THAT HAVE LEASES AT THE

AIRPORT. >> WELL, I DON'T WANT TO BE THE OWTHEONLY ONE SPEAKING, SO I WIL WAIT.

>> I HAVE ONE QUESTION. I JUST HAD -- I MEAN, THE ACTION AND DIRECTION, I WANT TO CLARIFY.

THE DIRECTION ON WHETHER OR NOT TO KEEP THAT PARAGRAPH IN WOULD BE JUST FOR THE AIRPORT BOARD BECAUSE THIS IS THE AIRPORT -- THIS IS IN ALL BOARDS, JUST AIRPORTS.

>> ANY CHANGE TO THIS WOULD HAVE TO GO BACK TO WAXAHACHIE AND DISCUSS WITH THEM IF WE WANT TO CARVE OUT AN EXCEPTION FOR THOSE WITH AIRPORT LEASES. THEY KNOW A LOT THAT IS GOING ON AT THE AIRPORT, TO BE ON THAT BOARD.

>> JUSTIN. >> I GUESS I WAS ABOUT TO SAY THAT THE VERY THING. I'M BRAND NEW TO THIS, I DON'T KNOW ANYTHING ABOUT THE AIRPORT. I DON'T KNOW HOW MUCH OF -- I'M ASKING THE QUESTION, HOW MUCH OF A CONFLICT IS HAVING THE LEASE OUT AT THE FACILITIES? OR IS IT A CONFLICT?

>> THEY HAVE THE ABILITY TO SET THEIR OWN RATES.

>> LET ME -- THE WAY I UNDERSTAND THE RATES ARE SET, THEY CANVAS LIKE AIRPORTS -- THIS COULD BE DEBATABLE.

THEY CANVAS AIRPORTS, FIND THE AVERAGE, THEY APPLY THE AVERAGE TO ALL TENANTS AT THE AIRPORT. SO THEY ARE SET MUCH LIKE WE SET TAX RATES. THEY ARE SETTING A RATE FOR ALL

LEASES. >> DO WE APPROVE THAT RATE?

>> NO. >> THE AIRPORT BOARD ACTION.

>> SO THE AIRPORT BOARD, AS IT CURRENTLY STANDS, HAS THE POWER TO SET THEIR OWN RATES ON THE HANGARS THAT THEY POTENTIALLY

LEASE. >> RACE, REQUIREMENTS, INSURANCE, LEASES, EVERYTHING THAT DEALS WITH THAT AIRPORT, THAT THEY ARE A PART OF AS A TENANT AT THAT AIRPORT.

YES, THEY HAVE CONTROL OVER. >> SO WITH THAT, WALTER, YOUR

TURN. >> SO TAG, I FIND THIS LITTLE PROBLEM IN MY DUTIES AS THE AIRPORT BOARD LIAISON AND IT IS KIND OF A HARD POSITION TO BE IN BECAUSE THE BOARD PARTICIPATION, YOU KNOW, IT IS VOLUNTEER JUST LIKE THIS.

SO I, MYSELF, I'M EVEN CONFLICTED HERE BECAUSE, I MEAN, I SEE AN AIRPORT BOARD MEMBER OUT IN THE AUDIENCE.

I HAVE HAD LENGTHY CONVERSATIONS WITH HIM.

AND I DON'T WANT TO REMOVE HIM BUT I DO WANT TO CORRECT THE PROBLEM. BUT IN SAYING THAT, SECTION 9 ISN'T THE ONLY ISSUE. THIS DOCUMENT WAS WRITTEN IN '86, '85. '92.

SO APPROVED IN '92. SO IN THE 12 TO 18 MONTHS BEFORE THAT MAYBE, IT HASN'T BEEN MODIFIED SINCE THEN AND IT IS A VERY EASY READ. IT IS FOUR PAGES, ROUGHLY, MAYBE FIVE. BUT IT IS FROM THAT ERA.

AND IT DOESN'T NECESSARILY PRESENT IN THE BEST POSSIBLE LIGHT TO HELP TO NAVIGATE THE AIRPORT MOVING FORWARD.

WHEN I SAY MOVING FORWARD, ECONOMIC INVESTMENT, CAPITAL INFRASTRUCTURE, SOLICITING FOR BUSINESSES, ET CETERA.

IT IS VERY MUCH GEARED TOWARDS THE HOB BY AIRPBY AIRPORT THAT S DESIGNED WHEN WE CREATED THE AIRPORT.

I SAY ALL THAT TO SAY, I PERSONALLY DO NOT WANT TO REMOVE THE BOARD MEMBERS BUT I DO WANT TO REVIEW THE JOINT AIRPORT BOARD AGREEMENT IN ITS ENTIRETY, NOT JUST SECTION 9.

AND I WILL ANSWER ANY QUESTIONS, IF ANYONE HAS ANY QUESTIONS.

>> [INAUDIBLE]. >> I DON'T WANT TO REMOVE NEMS NOW. MEMBERS NOW.

[01:05:03]

IF IT WERE BROUGHT UP TODAY, THEY WOULDN'T BE APPOINTED.

THEY ARE THERE NOW. WE LEAVE THEM THERE UNTIL THEIR TERM EXPIRES, IS MY THOUGHT. AS YOU SAY, LET'S LOOK AT THE DOCUMENT WITH WAXAHACHIE AND GET A CONSENSUS FROM WAXAHACHIE THAT WHAT WE NEED TO DO WITH IT. WHETHER WE NEED TO ELIMINATE THAT AS THE MAYOR BROUGHT UP A WHILE AGO.

AS FAR AS ELIMINATING LEASING A HANGAR AS AN EXCEPTION.

BUT IT NEEDS TO BE FROM BOTH CITIES TO COME UP WITH THAT WORDING. AND THE WHOLE DO YOU MEAN, DOCUA WHOLE DOCUMENT. I THINK THE TWO CITIES CAN GET TOGETHER AND WORK OUT IF THERE IS ANY CHANGES TO BE MADE AND COME TO A DECISION ON IT. AND GIVE IT THEIR INPUT AFTER THE STAFF REVIEWS. I HAD AIRPORT H HANGARS FOR YEA.

I HAVE NEFE NEVER ON THE BOARD I HAD MY HANGAR.

I DON'T KNOW ABOUT THAT. BUT THIS AIRPORT IS DIFFERENT FROM MOST AIRPORTS, IT IS OWNED AND OPERATED BY TWO CITIES.

NOT ONE CITY THAT COUNCIL MAKES A DECISION WHAT THEY ARE GOING TO DO. THAT'S WHY THE AIRPORT BOARD IS THE RULING AUTHORITY OVER. THAT MEANS THAT LEAVES US KIND OF OUT OF IT OTHER THAN APPOINTING MEMBERS TO THE BOARD, MAKE SURE WE HAVE QUALITY PEOPLE.

THAT'S THE WAY I SEE IT. >> SO AS THE AIRPORT LIAISON AND MEMBER WHO WOULD BE VOTING ON NEW APPOINTEES, WHAT ABOUT SECTION 9? IF WE IGNORE IT THIS TIME AS WE MOVE FORWARD, ARE WE GOING TO CONTINUE TO UT IGNORE? I'M TRYING TO FOLLOW WHAT YOUR SUGGESTION IS.

>> AS IT STATES RIGHT HERE, I'M GOING TO READ IT, NO MEMBER OF THE BOARD OR EMPLOYEE THEREOF SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT WITH THE BOARD OR BE FINANCIALLY INTERESTED DIRECTLY OR INDIRECTLY IN THE SALE OF THE AIRPORT -- SALE TO THE AIRPORT OF ANY MATERIALS, SUPPLIES, OR SERVICES EXCEPT ON BEHALF OF THE BOARD AS A MEMBER OR EMPLOYER THEREOF. ANY VIOLATION OF THIS PROVISION BY A MEMBER OF THE BOARD SHALL BE GROUNDS FOR REMOVAL BY A MAJORITY VOTE OF THE CITY COUNCIL APPOINTING SUCH MEMBER.

ANY VIOLATION OF THIS PROVISION BY ANY EMPLOYEE OF THE BOARD SHALL BE GROUNDS FOR REMOVAL BY THE BOARD.

THAT'S THE ENTIRETY OF SECTION 9.

I KNOW THIS, I HAVE READ IT A DOZEN TIMES.

THE DOCUMENT ITSELF IS VERY EASY.

SO TO ANSWER YOUR QUESTION, IF WE ALLOW THIS TO CONTINUE, AND WE DON'T DO ANYTHING, TECHNICALLY WE ARE ACCEPTING A DEVIATION FROM THE GOVERNING DOCUMENTS OF OUR BOARD.

A DEVIATION THAT WE, HISTORICALLY, IN MY OPINION, HAVE NOT ALLOWED ON THIS VERY COUNCIL AND OTHER BOARDS.

WE RECUSE OURSELVES AS LEGALLY OBLIGATED OSH PE OR PERSONALLY E FIT REGARDLESS OF TIME, MANNER, INTENTIONS, ET CETERA.

BUT TO BE HONEST, I THINK IT IS AN OPPORTUNITY TO CORRECT THE DATED DOCUMENT IN AND OF ITSELF. FROM NOW TOTS EN TO THE END OF , WHERE SOME OF THE CONFLICTED BOARD MEMBERS WILL TERM OUT.

THAT WAXAHACHIE APPOINTEE TERMS OUT.

I BELIEVE ONE OF OURS MA MAY, IM NOT SURE.

BUT THE LEASE RATES AND CONTRACT TERMS AND WHATNOT HAVE ALREADY BEEN ESTABLISHED FOR THIS YEAR. I DO KNOW, LIKE I SAID AT THE BEGINNING OF THIS MEETING, THEY ARE STARTING TO LOOK AT INSURANCE REQUIREMENTS BUT I WOULD SAY THAT THAT WOULD LARGELY FALL INTO LEGAL FOR GENERAL OVERSIGHT AND LIABILITY PROTECTION. SO I WOULD NOT THINK, CORRECT ME IF I AM WRONG, THAT AN AVERAGE BOARD MEMBER WOULD HAVE ANY OVERREACHING ABILITY TO SELF-SERVE IN THAT MANNER.

IN THE END, IT WOULD BOUNCE OFF LEGAL TO PROTECT THE INTERESTS OF THE AIRPORT AND ADJOINING CITIES.

SO TODAY I DON'T SEE AN ISSUE. I JUST THINK IF, LIKE I SAID BEFORE, IF WE ARE GOING TO GO OUT AND, NO. 2 PRIORITY FOR THE PLANNING FOR 2022, THAT'S A BIG DEAL.

WE HAVE PARTICIPATION FROM BOTH SIDES, WAXAHACHIE AND

[01:10:04]

WE WANT THEM TO BE AS TIGHT AS CORRECT AS POSSIBLE.

AND SO THAT WE CAN DISPLAY OUR OPERATION AS HIGH LEVEL AS IT

CAN BE. >> I AGREE, WALTER.

THE ONLY WAY TO DO THAT IS HAVE A WAXA WAXAHACHIE MIDLOTHIAN MEG TO DETERMINE WHAT BOTH SIDES FEEL LIKE, AS FAR AS THE TWO PEOPLE ON IT NOW, I THINK WE NEED TO LEAVE THEM ON IT UNTIL THE END OF THEIR TERM. NOW, AS FAR AS APPOINTING, AS CLARK BROUGHT UP, TO APPOINT SOMEBODY, I THINK RIGHT NOW IF WE WERE TO APPOINT SOMEBODY, WE WOULD NOT APPOINT SOMEBODY IN THAT POSITION. BUT AFTER THE CITY AND WAXAHACHIE GET TOGETHER, COME UP AND SAY, WE WILL MAKE AN EXCEPTION, WE WILL WRITE IN HERE THAT PEOPLE WITH HANGARS IS NOT CONSIDERED FROM. AND THAT CAN SOLVE THAT WHOLE PROBLEM. THAT'S WHERE I AM ON THAT.

>> DID WE INVITE THE PRESIDENT OF THAT BORE BOARD HERE TONIGHT?

>> HE WAS AWARE OF THE MEETING. I DON'T SEE HIM HERE.

>> I DON'T HAVE ANY ISSUE WITH LEAVE THEM ON THERE UNTIL WE RESOLVE THE ISSUE. WHAT I WOULD POTENTIALLY HAVE AN ISSUE WITH, AND I THINK ONE OF THE STANDARDS I HOLD MYSELF UP TO HERE IS WHEN WEIGHING ISSUES LIKE THIS, YOU KNOW, YOU ALWAYS HAVE TO TAKE INTO ACCOUNT, WHAT WOULD THE CITIZENS THINK AND SAY. AND I AM NOT OKAY WITH ANY MEMBER OF THAT BOARD HAVING THE ABILITY, IF WE LEAVE THEM ON THERE, TO VOTE ON RATES IF THAT COMES UP.

THAT'S NOT OKAY WITH ME. TO ME THAT'S A DEAL BREAKER.

I DON'T THINK THE CITIZENS WOULD LIKE A BOARD VOTING ON HOW MUCH THEY ARE GOING TO PAY TO LEASE A HANGAR.

>> I'M FINE WITH LEAVING THEM ON THERE FOR TERM LIMITS.

MORE A REMINDER TO COUNCIL, IT WAS ONLY DECEMBER, NOVEMBER OF LAST YEAR THAT WE HAD A LENGTHY CONVERSATION ABOUT CONFLICTS OF INTEREST. I JUST WANT TO PUT THAT BACK IN

EVERYONE'S HEAD. >> ONE THING YOU HAVE TO THINK ABOUT, TOO, GENTLEMEN, WE ARE SEVEN PEOPLE, WE VOTE ON THE TAX RATE EVERY YEAR. IT IS NOT MUCH DIFFERENT THAN A LEASE RATE OR ANYTHING LIKE THAT.

WE ALL HAVE A PROPERTY INTEREST IN THIS CITY.

WOULD HE ALL HAVE PROPERTY IN THE CITY.

WE ALL VOTE OTHER CONSCIENCE. SEVEN OF US FOR A REASON, NOT JUST TWO. YOU GET OUTVOTED NO MATTER WHAT

YOU DO ONE WAY OR ANOTHER. >> SO VOTING ON WHAT YOU PAY FOR A HANGAR WHEN YOU ARE ON THE BOARD IS NOT THE SAME FOR VOTING ON A TAX RATE. IF YOU THINK SO, WE DISAGREE.

>> HOW IS IT NOT THE SAME? >> WEEK DISCUSS LATER, WE

DISAGREE. >> GENTLEMEN, WHAT I AM HEARING, WE CONTINUE WITHOUT A VOTE IS TO LEAVE THE TWO PEOPLE IN QUESTION ON FOR THE REST OF THEIR TERM AND THEN DIRECT STAFF TO REDO

THE AGREEMENT. >> DIRECT STAFF TO GET IN

COMMUNICATION WITH WAXAHACHIE. >> I WOULD JUST ADD IN THERE, SHOULD OUR STAFF REACH OUT TO WAXAHACHIE AND THEN HIT A BRICK WALL, I WOULD LIKE TO COME BACK SO WE KNOW THAT AND WE CAN MAKE

A DECISION. >> COME BACK IN.

SO COUNCIL -- >> I HATE TO BRING UP OPPOSING OPINION. I JUST -- I DON'T LOVE IT.

IF I'M BEING HONEST. I KNOW I AM ONE OF 7.

TAKE THIS WITH A GRAIN OF SALT. I DON'T WANT TO BE A JERK.

BUT WE HAVE REMOVED BOARD MEMBERS.

BOARD MEMBERS SERVE AT THE PLEASURE OF THE COUNCIL.

WE HAVE RECENTLY REMOVED BOARD MEMBERS FROM THEIR POSITIONS FROM THE BOARD. I THINK THAT WE NEED TO AVOID THE APPEARANCE OF EVIL AT ALL COST, EVEN IF THAT MEANS RIPPING THE BAND-AID OFF AND IF THIS IS DEEMED CONFLICT OF INTEREST, THEN WE NEED TO ADDRESS THE CONFLICT OF INTEREST.

>> OKAY. JUST 9, I CAN AGREE WITH THAT.

SO MY NEXT QUESTION WOULD BE, OR MY NEXT POINT WOULD BE, IF WE REMOVE THESE BOARD MEMBERS, THAT LEAVES MIDLOTHIAN WITH NO CITY REPRESENTATION, I BELIEVE, OR ONE CITY REPRESENTATIVE ON THAT

[01:15:08]

THE NEW APPOINTEES PROCESS. >> IF I MAY INTERJECT, THE NUANCE HERE, AND, JOE COMMENT, THIS SHALL BE GROUNDS FOR REMOVAL. IT DOES NOT REQUIRE REMOVAL IN AND OF ITSELF. THE DISCRETION OF COUNCIL, WE CAN SAY THIS IS ACCEPTABLE VARIANCE OR NOT.

>> IT GIVES YOU GROUNDS TO REMOVE.

IT DOESN'T MANDATE THAT YOU ACT ON IT.

>> IT IS A CONFLICT. WE ARE NOT ARGUING ABOUT THAT.

THE QUESTION IS, IS THIS SOMETHING THAT WE ARE COMPELLED TO ACT QUICKLY ON. THIS IS DISCUSSION FOR COUNCIL, OR ARE WE COMFORTABLE WAITING FOR THE TERM.

HOW SERIOUS IS THIS CONFLICT? >> LET ME ADD SOMETHING ELSE HERE. THESE TWO PEOPLE WE HAVE ON THE BOARD, WE APPOINTED. I MAY HAVE BEEN ON THE SELECTION COMMITTEE THAT APPOINTED. I DON'T KNOW.

BUT OBVIOUSLY WE DIDN'T -- HADS NOT READ THAT DOCUMENT TO THE POINT THAT WE ARE READING IT NOW.

AND AT THAT TIME, THEY WOULD NOT HAVE BEEN APPOINTED.

BUT WE MADE A MISTAKE, THE COUNCIL MADE A MISTAKE AND APPOINTED THEM WITH THIS -- MAKING IT IN VIOLATION.

OR POSSIBLE VIOLATION. IT IS NOT THEIR FAULT THAT WE ARE IN THIS SITUATION. IT IS OUR FAULT.

AND I THINK WE NEED TO FIX WHAT WE DID, MAKE IT RIGHT.

GOING TO WAXAHACHIE AND WORKING OUT THE PROBLEM AND NOT TAKING IT OUT ON THESE TWO PEOPLE. PULL THE AIRPLANE OUT OF THE HANGAR OR GET OFF THE BOARD. I DON'T THINK WE NEED TO DO THAT

AT ALL. >> THAT'S THE QUESTION FOR COUNCIL. I THINK WE ARE ALL AGREED THAT THE AGREEMENT NEEDS TO BE REDONE.

THIS IS A JOINT WAXAHACHIE-MIDLOTHIAN AIRPORT.

THE QUESTION IS, AT WHAT POINT DO WE WITHDRAW FROM THE BOARD.

WHEN THE TERM IS UP OR DO WE DO IT NOW?

>> I THINK WHEN THE TERM IS UP? >> LIKE I SAID, I'M NOT -- I DON'T LOVE THE IDEA OF REMOVING VOLUNTEERS FROM THE BOARD BUT I CERTAINLY DO WANT WANT TO USE TE INSTANCE TO FIX THE IDENTIFIED ISSUES AND LOOK AT THE JOINT AIRPORT AGREEMENT AS A WHOLE FOR REVISION. WOULD YOU GUYS BE OPPOSED TO US AS A COUNCIL DIRECTING THAT BOARD TO RECUSE THEMSELVES FROM ANYTHING THAT WOULD BE CONFLICT AND ALLOW THEM TO AT LEAST SERVE WHILE WE WORK THIS REC AT THIS IREC ARECTIFYPROCESS.

JUSTIN. >> I'M EXTREMELY GRATEFUL FOR ALL THE COMMUNITY SERVANTS THAT SERVE ON THESE BOARDS AND DO WHATEVER WE CAN DO TO MAKE THINGS WORK.

WE NEED TO AVOID THE SITUATION. IF RECUSAL SOLVES AN ISSUE, I'M

OKAY WITH THAT. >> AND QUESTIONS FROM THE COUNCIL SHOULD COME FROM THE CHAIR, ME.

IF YOU WOULD CARE TO MAKE YOUR POINTS, MAKE YOUR POINTS.

DON'T GIVE DIRECTION TO COUNCIL. >> SO HOW MANY PEOPLE WANT TO -- DO WE HAVE TO VOTE ON THAT, IF WE HAVE THEY RECUSE FROM VOTING.

>> LET'S BREAK THIS DOWN. WHAT I AM HEARING IS YOU ARE LOOKING AT WANTING TO DIRECT STAFF TO GET WITH WAXAHACHIE, NO. 1, AND LOOK AND GO THROUGH THESE, BRING BACK POSSIBLE AMENDMENTS WHICH INCLUDES SECTION 9, WHICH IS ON THE AGENDA TONIGHT. SECOND ISSUE IS, WHICH IS NOT ON THE AGENDA TONIGHT, IS HAVING THOSE BOARD MEMBERS RECUSE THEMSELVES IN THE EVENT OF A CONFLICT.

WE DON'T THOUGH BEFORE US RIGHT NOW WHAT THAT COULD POSSIBLY BE BECAUSE WE DON'T KNOW WHAT THEIR AGENDA IS.

THAT IS REALLY A DECISION THEY NEED TO BE MAKING AS BOARD MEMBERS. YOU CAN SAY THAT, THAT'S --

>> REMINDING THEM THAT WE HAVE IDENTIFIED A CONFLICT.

>> THEY ARE GOING TO HAVE POLICE THEMSELVES AS IT RELATES TO THAT. WE ARE THOUGHT GOING TO BE THERE TO POLICE THEM. WE DON'T WANT TO DO THAT.

I DON'T REALLY KNOW IF THAT IS NECESSARY FOR A MOTION.

>> SO WE ARE BACK TO -- WE HAVE GIVEN DIRECTIONS TO STAFF TO

[01:20:04]

DO WE WANT TO -- WHEN DO WE WANT TO REMOVE THESE TWO FROM THE BOARD? DO WE WANT THEM TO ALLOW THEM TO GO TO THEIR TERM? I GUESS THOSE ARE THE TWO

THINGS. >> MAYOR, IF YOU WILL ALLOW ME A SECOND HERE. WHAT I WAS HIGHLIGHTING MOSTLY WAS PRIORITY THIS DISCOVERY, THE CONFLICT WAS NOT KNOWN.

SO THE DIRECTION TO OUR BOARD APPOINTEE WAS MORE JUST A REMINDER THAT THERE IS AN IDENTIFIED CONFLICT BECAUSE THEY ARE T HANGAR LEASEHOLDERS AND BECAUSE OF THAT, ANYTHING THAT AFFECTS A TENANT THEY, IN THAT FINANCIAL MANNER, THEY MUST RECUSE THEMSELVES OR FACE FURTHER ACTION, WHICH WOULD BE

REMOVAL. >> WELL, I BELIEVE THAT POINT HAS BEEN COMMUNICATED. WSO WE ARE BACK TO, WE HAVE DIRECTION TO STAFF REGARDING THE AGREEMENT.

DO WE WANT TO LEAVE THE TWO MEMBERS ON OR DO WE WANT TO TERMINATE OR LET THEM GO TO T TERM?

BUD? >> NOT IF THEY VOTE ON WHAT THEY CAN PAY ON HANGARS, ET CETERA, NO.

>> WELL, AGAIN, WE ARE NOT COMMENTING TO THAT.

>> DO I TAKE YOUR COMMENT TO MEAN THEY SHOULD BE TERMINATED

NOW. >> IF WE ARE UNWILLING TO ADDRESS THE HANGAR ISSUE, AND WHAT THEY PAY FOR IT.

YES, UNFORTUNATELY. >> OKAY.

>> OPTION A, REMOVE THEM. OPTION B, LEAVE THEM ON AND LET THEM TERM OUT. IN MY OPINION, OPTION C, THAT'S TO ENCOURAGE RECUSAL WHEN MAKING DECISIONS.

>> MAYBE WE PUT A DOCUMENT TOGETHER.

>> WELL, WE NEED TO BRING THE AGENDA BACK TO COUNCIL.

>> LET ME JUST THROW THIS OUT HERE FOR YA'LL.

IF YOU WANT TO GO AHEAD AND MAKE A MOTION, DIRECT STAFF, ENCOURAGE THOSE MEMBERS WHEN THEY HAVE A CONFLICT, NO. 9, ON HERE, TO RECUSE THEMSELVES. THAT WILL BE SELF-POLICING.

IF AN EVENT OCCURS AT THE MEETINGS AND WE FIND THAT THEY HAVE PUT THEMSELVES IN THAT CONFLICT OF INTEREST, BRING IT BACK HERE AND HAVE A DISCUSSION FOR REMOVAL AL.

.THROWING THAT OUT THERE. >> SO DO WE HAVE FORMALLY STATED

A MOTION? >> I WILL MAKE A MOTION.

>> I WILL MAKE THE MOTION THAT WE ALLOW THE BOARD MEMBERS TO STAY, THAT THEY RECUSE THEMSELVES IF THEY HAVE A CONFLICT OF INTEREST AND THAT IT WOULD BE SELF-REGULATED.

>> AND HAVE STAFF -- >> AND HAVE STAFF GET WITH WAXAHACHIE TO REVIEW AND UPDATE THE CONTRACTUAL DOCUMENTS.

>> DO WE HAVE A SECOND? >> AND SPECIFICALLY -- HOLD ON, SPECIFICALLY, SO IT IS IN THE MOTION, SPECIFICALLY THE CONFLICT OF INTEREST WOULD BE PARAGRAPH 9 IN THE JOINT AIRPORT

AGREEMENT. >> CORRECT.

THE CONFLICT OF INTEREST WOULD BE SPELL OUT IN PARAGRAPH 9.

>> AND ONLY IN PARAGRAPH 9. >> THAT IS CORRECT.

>> SO WE HAVE A MOTION. >> SECONDED.

>> SECOND. WE HAVE A MOTION TO LEAVE THE BOARD MEMBERS ON UNTIL THEIR TERM WITH DIRECTION TO NOT VOTE WHEN THERE IS A CONFLICT FOR CHAPTER 9 AND TO DIRECT STAFF TO WORK WITH WAXAHACHIE FOR A NEW AGREEMENT.

>> AMENDED AGREEMENT. >> SO PLEASE VOTE.

ITEM PASSES 7-0. >> AT THIS TIME, CITY COUNCIL

[EXECUTIVE SESSION]

EXECUTIVE SESSION ITEMS ARE DISCUSSED IN CLOSED SESSION BUT NO ACTION WILL BE TAKEN THERE. SECTION 551.087, ECONOMIC DEVELOPMENT DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND/OR, 2, TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT.

3. SECTION 551.071(2) LEGAL: CONSULTATION WITH CITY ATTORNEY REGARDING PANHANDLER, PEDDLERS AND SOLICITORS ORDINANCE. SECTION 551.072 REAL ESTATE:

[01:25:04]

AND SECTION 551.074 PERSONNEL MATTERS: (A)(1) TO DELIBERATE THE EMPLOYMENT OF A PUBLIC OFFICER OR EMPLOYEE. PLANNING DIRECTOR SO AT

* This transcript was compiled from uncorrected Closed Captioning.