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[00:00:01]

THANK YOU. ALL RIGHT, COUNCIL.

GOOD MORNING, EVERYONE.

[1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER (Council Chambers)]

GLAD TO HAVE EVERYBODY HERE THIS MORNING.

IT IS 9 A.M..

IT'S THURSDAY, OCTOBER 6TH.

I WOULD LIKE TO OFFICIALLY CALL THE CITY COUNCIL MEETING TO ORDER FOR TODAY, AND WE HAVE AN INTERESTING SCHEDULE TODAY FOR THOSE THAT ARE IN ATTENDANCE.

IT'S GOING TO BE KIND OF A MUSICAL CHAIR TYPE MEETING FOR COUNCIL.

WE'LL HAVE OUR OPENING SESSION RIGHT HERE PROBABLY FOR A COUPLE OF MINUTES.

WE'LL THEN MOVE TO ROOM 204 FOR OUR EXECUTIVE SESSION.

WE'LL BE IN THAT FOR A SHORT PERIOD OF TIME.

THEN WE'LL COME BACK TO COUNCIL CHAMBERS HERE, HAVE OUR REGULAR MEETING IN PUBLIC COMMENT, AND THEN ONCE THAT'S FINISHED, WE'LL MOVE TO 204 FOR OUR WORKSHOP AND WE'LL BE IN 204 FOR THE REST OF THE DAY.

SO GLAD TO HAVE EVERYBODY HERE.

COUNCIL THANKS FOR BEING HERE.

STAFF NICE TO SEE YOU THIS MORNING, AND FOR THOSE THAT ARE WATCHING VIA THE TV AND STREAMING, GLAD TO HAVE YOU HERE IN THE COMMUNITY TODAY WITH US.

LET'S HAVE A ROLL CALL, PLEASE, JANELLE.

ALL RIGHT. VERY GOOD.

THANK YOU. WE HAVE OUR COUNCILMEMBER COUNCILWOMAN LEWIS WAS GOING TO JOIN US.

SHE'S OUT OF TOWN VIA ZOOM.

SHE HAS RUN INTO TECHNICAL DIFFICULTIES AND WILL NOT BE JOINING US TODAY DURING OUR MEETING.

VERY GOOD. IT IS NOW 9:02 A.M..

I'M GOING TO MOVE TO CLOSE THIS FOR TEMPORARILY THIS OPEN SESSION.

WE'RE GOING TO MOVE TO ROOM 204 FOR OUR EXECUTIVE SESSION.

[3. EXECUTIVE SESSION]

MAYOR, CAN I READ THE ITEM? YES, AND PURSUANT TO TEXAS GOVERNMENT CODE 551.071, CONSULTATION WITH ATTORNEY AND EXECUTIVE SESSION WILL BE CONDUCTED TO DISCUSS AND RECEIVE LEGAL ADVICE CONCERNING PENDING LITIGATION AND OR A SETTLEMENT OFFER ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER RELATED TO THE FOLLOWING 3A1 CAUSE NUMBER 20-CV-1171 CITY OF GALVESTON AT ALL VERSUS [INAUDIBLE] ENGINEERING CORPORATION IN THE 405TH DISTRICT COURT OF GALVESTON COUNTY, TEXAS.

THANK YOU. ALL RIGHT.

WE ARE OUT OF EXECUTIVE SESSION.

IT IS 9:15 A.M.

I'M GOING TO RECONVENE THE OPEN SESSION HERE FOR OCTOBER 6TH CITY COUNCIL MEETING, AND WE ARE MOVING TO PUBLIC

[5. PUBLIC COMMENT]

COMMENT. WE HAVE TIME FOR PUBLIC COMMENT FOR THOSE IN THE AUDIENCE AND FOR THOSE THAT MAY HAVE SENT IN WRITTEN STATEMENTS.

DO WE HAVE ANY PUBLIC COMMENTS? WE DO NOT. SO MAINLY FOR THOSE THAT ARE IN THE AUDIENCE THIS MORNING AND IN THE AUDIENCE THIS MORNING, AND WE ALLOW THIS IS FOR AGENDA AND NON AGENDA ITEMS. IT IS FOR 3 MINUTES.

GLAD TO HAVE YOUR COMMENTS HERE, AND AS I'VE MENTIONED BEFORE, DURING PUBLIC COMMENT TIME, UNFORTUNATELY, BECAUSE OF THE STATE OPEN MEETING ACT, WE CANNOT RESPOND TO YOUR COMMENTS AT PUBLIC COMMENTS SECTION, COUNCIL CANNOT.

SO SAYING THAT LET'S START IT OFF.

I HAVE A FORM HERE FOR MARTY [INAUDIBLE].

MARTY. GOOD MORNING.

MY NAME IS MARTY FLUKE.

I LIVE AT 3214 [INAUDIBLE] DRIVE, GALVESTON, TEXAS.

I'M A CITIZEN OF GALVESTON AND I'M ALSO A TRUSTEE OF THE PARK BOARD AND I'M CHAIRMAN OF THE PARK BOARD, AND I COME HERE SPEAKING TO YOU AS CHAIRMAN OF THE PARK BOARD.

SO FIRST OF ALL, I WANT TO DESCRIBE THE PARK BOARD AND WHAT WE DO FOR THOSE OF YOU THAT MAY OR MAY NOT BE FAMILIAR WITH, BUT THE PARK BOARD IS AN ENTITY THAT CONSISTS OF EIGHT APPOINTED TRUSTEES BY THE CITY COUNCIL OF THOSE TRUSTEES.

WE HAVE TWO THAT ARE GENERAL MANAGERS OF FULL SERVICE HOTELS.

WE HAVE A RESTAURATEUR WHOSE FAMILY HAS BEEN IN BUSINESS IN GALVESTON FOR OVER A HUNDRED YEARS.

WE HAVE A JEFF REPRESENTATIVE, THE CHAIRMAN OF THE FINANCE AND OPERATIONS COMMITTEE HAS A MASTER'S DEGREE IN HOSPITALITY FROM WHARTON, ONE OF THE TOP THREE BUSINESS SCHOOLS IN THE UNITED STATES, AND WE HAVE A FORMER COUNCIL MEMBER, SO WE HAVE AN ALL STAR CAST AS TRUSTEES.

THANK YOU GUYS FOR APPOINTING THEM FOR US TO WORK WITH.

[00:05:01]

I APPRECIATE IT. AS FAR AS EMPLOYEES OF THE PARK BOARD, THE CEO IS MISS KELLY [INAUDIBLE], WHO'S HERE.

SHE WAS HONORED AS WOMAN OF THE YEAR BY THE CHAMBER OF COMMERCE.

SHE'S A BOARD MEMBER OF GHNLA AND THE CHAMBER OF COMMERCE.

SHE WAS RECOGNIZED FOR EXEMPLARY SERVICE BY ARTISTS [INAUDIBLE] SHE HAS 30 YEARS EXPERIENCE IN DESTINATION MARKETING ORGANIZATIONS.

CHIEF OF BEACH PATROL IS PRESIDENT OF THE AMERICAN LIFEGUARD ASSOCIATION, AND OUR PARK MANAGER IS A FORMER CITY MANAGER, SO HE'S INTIMATELY FAMILIAR WITH MUNICIPALITIES. SO IN MY MIND, IT'S AN ALL STAR ORGANIZATION, BUT THAT'S JUST THE ORGANIZATION.

THE PARK BOARD IS AN ECOLOGICAL UNIT OF PARTNERS.

SO IF YOU SEE HERE WE HAVE THREE MEMBERS THAT ARE ON THE BOARD OF DIRECTORS, THE GALVESTON HOTEL AND LODGING ASSOCIATION.

WE HAVE RESTAURANT TOURISTS HERE.

WE HAVE ATTRACTIONS HERE WITH THE GALVESTON NAVAL MUSEUM, THE SHORT TERM RENTAL ASSOCIATION MANAGERS HERE.

SO THE PARK BOARD JUST BRINGS PEOPLE HERE.

THAT'S OUR GOAL, ADVERTISING PROMOTION TO BRING PEOPLE HERE.

THE ONLY WAY WE GENERATE REVENUE IS THROUGH OUR PARTNERS, OUR SERVICE DELIVERY PARTNERS.

PARK BOARD HAS PARKS, CLEAN BEACHES, SAFE SWIMMING WITH THE LIFEGUARDS, BUT WITHOUT OUR PARTNERS.

SO THINK OF THE PARK BOARD AS AN ECOLOGICAL UNIT, NOT ONLY OF TRUSTEES AND EMPLOYEES, BUT OUR PARTNER ORGANIZATION.

SO WE WOULDN'T BE ANY PLACE WITHOUT THEM.

SO WE BRING THEM HERE, AND LAST YEAR WAS THE MOST SUCCESSFUL YEAR IN THE HISTORY OF THE PARK BOARD.

SO I'VE GONE OVER THE FINANCES WITH YOU IN THE PAPER IF YOU READ IT, BUT I'LL CLOSE WITH A PARABLE THAT COMES FROM DON QUIXOTE DE LA MANCHA, AND IT'S CALLED TILTING AT WINDMILLS.

DON QUIXOTE IMAGINED A WINDMILL AS HIS ENEMY AND JOUSTED WITH IT.

SO AS YOU GO INTO THIS AFTERNOON, I ASK YOU TO DO THREE THINGS.

ASK YOURSELF THREE QUESTIONS.

ONE, ARE WE SOLVING A PROBLEM? SECOND, WILL WE ACHIEVE BECAUSE OF WHAT WE'RE DOING? AND THIRD, ARE WE TILTING AT WINDMILLS? THANKS VERY MUCH.

THANKS, MARTY.

APPRECIATE IT. I HAVE A FORM HERE FILLED OUT FOR JONI STEINHAUS.

JONI. GOOD MORNING, EVERYONE.

JOANIE STEINFELS, PROGRAM DIRECTOR FOR TURTLE ISLAND RESTORATION NETWORK.

THIS AFTERNOON, YOU WILL BE LOOKING AT A LETTER OF SUPPORT.

WE ARE WORKING WITH A PERPETUAL WHICH IS A REUSE NETWORK AND TEXAS C GRANT TO BRING A REUSE PROGRAM TO GALVESTON ISLAND.

IT IS A THREE YEAR PROCESS.

THE FIRST YEAR WILL BE JUST WORKING WITH THE COMMUNITY, REACHING OUT TO HOTEL AND RESTAURANT ASSOCIATIONS, LOOKING FOR PLACES FOR THESE REUSABLE ITEMS TO BE SANITIZED, AND ALSO WORKING WITH URBAN MINISTRIES TO HIRE CREW TO MOVE THIS MATERIAL AROUND, TO SANITIZE AND BRING BACK TO THE RESTAURANTS.

WE WILL BE ALSO WORKING WITH THE HEALTH DEPARTMENT TO ENSURE THAT EVERYTHING IS UP TO SPEED AND MEETS THEIR EXPECTATIONS.

SO THE FIRST YEAR OF THE THREE YEARS WOULD BE JUST AN IMPLEMENTATION PROCESS, MAKING SURE THAT EVERYTHING IS IN PLACE, AND WE ARE NOT ASKING FOR ANY CITY STAFF OR ANY CITY FUNDING. WE'RE LOOKING AT IMPLEMENTING THIS PROJECT IN FOUR DIFFERENT CITIES ACROSS THE COUNTRY SO THAT HOPEFULLY IT'S SOMETHING THAT OTHER CITIES CAN DUPLICATE.

SO IT'S A THREE YEAR GRANT.

WE WILL KNOW IF WE RECEIVE FUNDING PROBABLY IN APRIL.

SO I APPRECIATE YOUR CONSIDERATION FOR THE PROJECT.

AGAIN, NO CITY STAFF, NO CITY FUNDING, AND WE THE FIRST AND MOST IMPORTANT COMPONENT IS TO WORK WITH THE COMMUNITY AND ENSURE THAT THE COMMUNITY IS COMFORTABLE, INCLUDING ALL OUR BUSINESSES ON THE ISLAND.

THANK YOU. THANK YOU VERY MUCH, JOANIE.

THOSE ARE ALL THE FORMS THAT I HAVE, BUT I'M GOING TO OPEN IT UP NOW FOR THOSE IN THE AUDIENCE HERE.

LET'S START ON THIS SIDE OF THE AUDIENCE HERE.

IS THERE ANYONE ON THIS SIDE OF THE AUDIENCE THAT WOULD LIKE TO MAKE A PUBLIC COMMENT? OKAY, AND LET'S MOVE TO THIS OTHER SIDE OF THE ROOM HERE.

IS ANYONE HERE WANT TO MAKE A PUBLIC COMMENT? YES. LAUREN, COME.

COME FORWARD. PLEASE IDENTIFY YOURSELF AND WHAT YOUR ADDRESS IS, PLEASE.

HI. MY NAME IS LAUREN BOSWELL.

I'M A STUDENT AT TEXAS A&M UNIVERSITY, GALVESTON.

SO THE ADDRESS IS 1001 TEXAS CLIPPER ROAD IN GALVESTON.

I AM A SOPHOMORE OCEAN AND ONE HEALTH MAJOR, WHICH IS ESSENTIALLY A PRE VETERINARY TRACT FOR MARINE BIOLOGY.

I PLAN ON PURSUING ENVIRONMENTAL CONSERVATION, BUT I'M VERY INVOLVED AROUND CAMPUS.

I'M A VERY PROMINENT LEADER.

I AM THE DIRECTOR OF OUR BIG EVENT PROGRAM.

IF YOU GUYS ARE AWARE OF THAT, WE ESSENTIALLY DO COMMUNITY SERVICE AROUND GALVESTON TWICE A YEAR.

IT'S EXPONENTIALLY GROWN.

IN THE PAST YEAR, WE HAD 150 PEOPLE SHOW UP TO OUR SMALL EVENT.

AND IN COMPARISON, LAST YEAR WE HAD 40.

SO WE ARE DOING EXTREMELY WELL.

[00:10:02]

THIS YEAR WE'RE STARTING TO REACH OUT TO BUSINESSES FOR OUR BIG EVENT IN MARCH 25TH, BUT I'M SPECIFICALLY HERE BECAUSE I'M AN EXECUTIVE FOR A STUDENT GOVERNMENT PROGRAM AND I AM THE VP OF EXTERNAL AFFAIRS.

SO I HAVE TRIED VERY HARD THIS YEAR TO GET US MORE INVOLVED WITH THE COMMUNITY BECAUSE IN YEARS PRIOR, ALTHOUGH I HAVE NOT BEEN HERE, I'M VERY AWARE THAT WE HAVE NOT HAD A STRONG ROLE TO PLAY IN THE COMMUNITY, ESPECIALLY AS WE SHOULD, BECAUSE WE'RE RAISING THE LEADERS THAT ARE PROBABLY GOING TO BE TAKING OVER AT SOME POINT IN THE FUTURE.

THE PEOPLE THAT WE'RE TEACHING ARE VERY IMPORTANT TO GALVESTON, AND SO I THINK THAT TAMPA SHOULD BE PLAYING A BIGGER ROLE IN THE COMMUNITY THAN IT CURRENTLY IS.

I'VE REACHED OUT TO QUITE A FEW OF YOU ALREADY, BUT I WOULD LOVE TO GET IN CONTACT WITH ANYBODY IN THIS ROOM.

I'M VERY OPEN TO WORKING WITH US, AND I'M KIND OF THE LIAISON BETWEEN OUR SCHOOL AND YOU GUYS.

SO THAT'S ESSENTIALLY ALL I HAVE, BUT IF YOU GUYS WOULD LIKE TO REACH OUT TO ME, LET ME KNOW.

THANK YOU. THANK YOU, LAUREN.

I APPRECIATE IT. VERY GOOD.

ANYONE ELSE IN THE ROOM THAT WOULD LIKE TO MAKE A PUBLIC COMMENT? HEARING NO RESPONSE.

WE'RE GOING TO MOVE TO SIX ACTION ITEMS ON THESE ACTION ITEMS. WE'RE GOING TO VOTE. WE CAN VOTE WITH OUR ELECTRONIC SYSTEM NOW THAT JUST MANUALLY OK ACTION ITEMS.

[6.A. Consider For Action Approval The Settlement Of Claims Against Dannenbaum Engineering Corporation In Connection With Cause NO. 20-CV-1171; City Of Galveston Et Al, V Dannenbaum Engineering Corporation, In The 405th District Court Of Galveston County Texas, Ratifying The Signoff Of The City Attorney On The Settlement Proposal And Authorizing The City Attorney To Sign Any Documents Required To Effect Dismissal Of Dannenbaum From This Litigation. (Legal)]

LET'S MOVE TO SIX EIGHT, PLEASE.

JANELLE SIX EIGHT CAN CONSIDER FOR ACTION APPROVAL OF THE SETTLEMENT OF CLAIMS AGAINST DAN AND BAUM ENGINEERING CORPORATION IN CONNECTION WITH CALLS NUMBER 20 DASH CV DASH 1171 CITY OF GALVESTON AT ALL VERSUS DAN AND BOB ENGINEERING CORPORATION IN THE 405TH DISTRICT COURT OF GALVESTON COUNTY, TEXAS, RATIFYING THE SIGNOFF OF THE CITY ATTORNEY ON THE SETTLEMENT PROPOSAL AND AUTHORIZING THE CITY ATTORNEY TO SIGN ANY DOCUMENTS REQUIRED TO EFFECT DISMISSAL OF DAN AND BOND FROM THIS LITIGATION. VERY GOOD, DON.

DID YOU WANT TO SAY ANYTHING ON THIS SUBJECT NOW? WE'VE RECEIVED THE SETTLEMENT PREVIOUSLY BRIEFED YOU.

THERE WERE NO SURPRISES ON IT.

I THINK IT'S GOOD FOR THE CITY AND THE LITIGATION WILL MOVE FORWARD.

OTHERWISE, WITHOUT DAN AND PAM, VERY GOOD TO START THIS DISCUSSION.

IF THERE'S ANY, I'M GOING TO MAKE A MOTION FOR APPROVAL OF ITEM SIX A IS THERE A SECOND TO THAT? I'LL SECOND? COUNCILWOMAN ROB HAS SECONDED THAT ANY DISCUSSION COUNCIL.

ALL RIGHT. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

THAT IS UNANIMOUS.

THANK YOU VERY MUCH. THANKS, DON.

ITEM SIX B, PLEASE, JANELLE.

[6.B. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment (3 Police Dodge Chargers) For The Police Departments Traffic Safety Unit (2) And The Patrol Division (1) From Silsbee Ford Through The Good-Buy Co-Op For A Total Price Of $168,805.50 And Authorize The City Managers Staff To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)]

SIX B CONSIDER FOR THE APPROVAL, ALLOWING THE FLEET FACILITY TO PURCHASE THE LISTED ROLLING STOCK AND ASSOCIATED EQUIPMENT.

THREE POLICE DODGE CHARGERS FOR THE POLICE DEPARTMENT'S TRAFFIC SAFETY UNIT TWO AND THE PATROL DIVISION ONE FROM SEALS BEFORE THROUGH THE GOOD BYE CO-OP FOR A TOTAL PRICE OF $168,805.50, AND AUTHORIZE THE CITY MANAGER STAFF TO EXECUTE THE AGREEMENT UPON FINAL APPROVAL BY THE CITY ATTORNEY. MAYOR YES.

YES, SIR. WE'VE GOT DAVID PRETTY MUCH SCOURING THE EARTH FOR POLICE CARS.

I HAVE TOLD DAVID WE FOUND THESE TWO OF THEM I BELIEVE WILL BE GHOST UNITS FOR OUR DWI AND TRAFFIC ENFORCEMENT.

ONE WILL BE A FULL TIME PATROL UNIT.

WE DON'T TYPICALLY BUY DODGE CHARGERS, BUT WE ARE NOW BECAUSE THAT'S WHAT WE CAN GET.

HOWEVER, I'VE TOLD DAVID, DO NOT CANCEL ANY OTHER VEHICLE ORDERS BECAUSE WE JUST DON'T KNOW WHEN WE'RE GOING TO BE ABLE TO GET THEM.

SO DAVID'S CONTINUING TO SCOUR AND YOU WILL BE SEEING SMATTERINGS OF TRUCKS AND CARS COMING IN THAT HE FINDS OVER THE NEXT COUPLE OF FEW MEETINGS.

WE'RE BUYING THEM AS WE CAN WHILE KEEPING OUR ORDERS IN AND HOPE THAT WE CAN GET OUR ORDERS FILLED.

IT'S TOUGH RIGHT NOW GETTING VEHICLES, SO ESPECIALLY POLICE CARS.

SO, CHIEF, ON IF YOU HAD ANYTHING TO ADD OR IF YOU'RE GOOD, BUT THE POLICE CHIEF APPROVES OF THE USE OF THESE VEHICLES.

IT'S GOING TO BE A BIG PLUS, ESPECIALLY FOR OUR TRAFFIC SAFETY UNIT.

THAT'S GREAT TO HEAR, BRIAN, THANK YOU.

YES, VERY.

I HAVE A QUESTION. I MEAN, I'M HAPPY TO SEE THAT WE'RE GETTING VEHICLES AND I UNDERSTAND ABOUT THE INVENTORY SHORTAGES, BUT AS THAT SEEMS TO BE SETTLING OUT, I JUST WONDERED HOW MUCH INPUT THE POLICE DEPARTMENT HAS WHEN THE CARS ARE CHOSEN BY THE FLEET DEPARTMENT AS IT'S SOMETHING THAT THE POLICE ARE INVOLVED WITH UPFRONT OR WE WOULDN'T BUY ANYTHING THAT THEY DIDN'T HAVE A USE FOR OR WANT. WELL, I KNOW WE ALWAYS HAVE USED WE HAVE A SHORTAGE OF POLICE AND VEHICLES, BUT I JUST WANT TO MAKE SURE THEY'RE GETTING THE VEHICLES THAT THEY'RE ON THAT. OKAY, LET'S SAY THEY POP IN ALL THE TIME.

DAVID, COULD YOU COME TO THE MICROPHONE, PLEASE, SIR? THEY VISIT WITH ME OFTEN FOR NUMEROUS THINGS.

I KNOW WHAT THEY NEED, AND QUITE HONESTLY, THE EQUIPMENT THAT THEY GET IN THE POLICE CARS, PROBABLY SOME OF THE BEST EQUIPMENT YOU CAN GET.

[00:15:06]

SO THANK YOU.

YES, MA'AM. VERY GOOD.

ANY OTHER QUESTIONS OF STAFF ON THIS? I'D ENTERTAIN A MOTION FOR SIX BE I SO MOVE.

COUNCILMAN COLLINS HAS APPROVED THE MOTION OF 62ND.

WILLIAM SCHUSTER HAS HAD THE SECOND.

ANY OTHER DISCUSSION COUNCIL.

ALL THOSE IN FAVOR OF. PLEASE RAISE YOUR HAND.

THAT IS UNANIMOUS.

THANK YOU. ITEM SIX C, PLEASE.

[6.C. Consider For Approval A Letter Of Support For Dr. Jenna Jambeck, Together With Perpetual, Sea Grant, And Local Partners’ “City-Scale Reusable Foodware System Design And Implementation” Grant Application. (Brown)]

JANELLE. SIX C CONSIDER FOR APPROVAL A LETTER OF SUPPORT FOR DR.

JENNA HAMBURG TOGETHER WITH PERPETUAL C GRANT AND LOCAL PARTNERS, CITY SKILL REUSABLE FOOD WEAR, SYSTEM DESIGN AND IMPLEMENTATION GRANT APPLICATION.

VERY GOOD. I KNOW JONI STEINHAUS HAD PRESENTED SOME INFORMATION ON THIS TO START THE DISCUSSION.

I'M GOING TO MOVE FOR APPROVAL OF ITEM SIX C.

WE HAVE A SECOND FROM COUNCILMAN SCHUSTER ON THAT.

ANY DISCUSSION? PLEASE. NOBODY IS TURNING THEIR MICROPHONES ON.

SO YOU NEED TO TURN.

I'LL SECOND THAT. A VOICE FROM THE HEAVENS.

VERY GOOD. I HAVE A SECOND MOTION IN A SECOND ON THAT.

ANY DISCUSSION? COUNCIL? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

THAT IS UNANIMOUS.

THANK YOU VERY MUCH.

WE ARE NOW AT THE END OF THIS OPEN SESSION.

WE ARE GOING TO MOVE.

WE'LL TAKE A FIVE MINUTE BREAK.

IT IS 929, ABOUT 935.

WE'LL START IN ROOM 204 WITH OUR WORKSHOP ITEMS AND HOPE TO SEE MOST OF YOU THERE.

THANK YOU. TO GET THINGS TO REALIZE IT IS 9:35 A.M..

WE ARE NOW RECONVENING IN ROOM 204 FOR OUR WORKSHOP HERE THIS MORNING AND WE HAVE A NUMBER OF ITEMS, REALLY ALL OF THE ITEMS PERTAINING TO THE PARK BOARD.

JANELLE, WHAT I'D LIKE FOR YOU TO DO, LET'S, LET'S READ ALL OF THE ITEMS, IF YOU WOULD, AND IF WE NEED TO GET THROUGH THE GAVEL.

THANK YOU. JANELLE, IF YOU COULD READ ALL THE ITEMS AND THEN WE'LL COME BACK AND TAKE THOSE IN ONE AT A TIME.

SEVEN EIGHT DISCUSSIONS RELATED TO THE PARK BOARD, A DISCUSSION RELATED TO THE APPROVAL OF THE PARK BOARD'S BUDGET AND ITS COMPONENTS ON AN ANNUAL BASIS BY CITY COUNCIL.

THE DISCUSSION RELATED TO THE APPROVAL OF THE PARK BOARD CAPITAL IMPROVEMENT PLAN ON AN ANNUAL BASIS BY CITY COUNCIL.

SEE DISCUSSION RELATED TO THE SELECTION AND EXPENDITURE OF CITY HOTEL OCCUPANCY TAXES BY THE PARK BOARD.

THE DISCUSSION OF A PROPOSED ORDINANCE CLARIFYING THE PROCEDURES FOR PARK BOARD APPOINTMENTS BY CITY COUNCIL.

THE SCHEDULING OF A JOINT MEETING WITH THE PARK BOARD.

VERY GOOD. THANK YOU, JANELL.

WE'RE GOING TO TAKE THESE ONE AT A TIME AND WANTED TO MAKE A FEW OPENING COMMENTS ABOUT THIS.

THESE ITEMS HAVE BEEN DISCUSSED.

THE PARK BOARD REASSIGNED COUNCILMAN BOOTH GAY AND I MET WITH THE PARK BOARD STAFF AND THE CHAIRMAN OF THE PARK BOARD. SO THESE ITEMS, MOST OF THESE ITEMS HAVE BEEN DISCUSSED WITH THEM IN ADVANCE.

SECOND OF ALL, THE PURPOSE OF TODAY'S DISCUSSION, THESE ITEMS WERE BROUGHT FORWARD BY COUNCILMAN COLLINS FOR US THIS MORNING, AND THESE ITEMS ARE TO GET COUNCIL'S INPUT FOR OUR DISCUSSION HERE AND TO GIVE GUIDANCE TO STAFF ON IF WE WANT TO MOVE FORWARD AND HOW ON ANY OF THESE ITEMS SO THAT WE CAN THEN LOOK AT POSSIBLE ACTION ITEMS IN THE FUTURE ON THESE PARTICULAR TOPICS. WE'RE GOING TO START WITH ITEM SEVEN, A DISCUSSION RELATED TO THE APPROVAL OF THE PARK BOARD'S BUDGET

[7.A.a. Discussion related to the approval of the Park Board’s Budget and its components on an annual basis by City Council. (Collins/Brown)]

AND ITS COMPONENTS ON AN ANNUAL BASIS BY CITY COUNCIL, AND I WOULD SAY THAT AS WE START THIS DISCUSSION, THERE'S GOING TO BE I THINK WE'LL SEE OUR DISCUSSIONS MAY HOVER AROUND TWO POINTS ON ALMOST ALL OF THESE ITEMS, AND THAT IS, NUMBER ONE, WHAT IS THE LEGAL RESPONSIBILITY THAT THE CITY HAS REGARDING THESE ITEMS? AND SECONDLY, KNOWING THAT, HOW DO WE WANT TO MOVE FORWARD WITH THESE ITEMS? WE'RE STARTING WITH SEVEN A COUNCILMAN COLLINS.

MY NAME IS ON VIRTUALLY ALL OF THESE.

I DIDN'T ACTUALLY PUT ALL OF THESE ON THE ON THE AGENDA.

[00:20:01]

MUCH OF THIS COMES FROM LEGAL, BUT I WAS THE ONE WHO PUT THESE ON HERE.

SO I THINK IT'S APPROPRIATE TO GO TO MR. GLYWASKY TO TALK ABOUT THESE ITEMS IN THE LAW, ESPECIALLY WITH ITEM A IN THE LAW.

OK. I HAVE SENT YOU OVER THE LAST FEW WEEKS A NUMBER OF MEMORANDUM WHICH ADDRESS ALL THESE QUESTIONS, AND I DON'T THINK ANYTHING ELSE IS REQUIRED.

JUST KIDDING. THE BUDGET OF THE PARK BOARD IS SEPARATE FROM THE BUDGET RELATED TO THE USE OF HOT TAX.

I AM HERE TO TALK TO YOU ABOUT THE BUDGET RELATED TO HOT TAX.

I UNDERSTAND THAT A LARGE PORTION OF THE PARK BOARD'S BUDGET COMES FROM POT.

NONETHELESS, THE DISTINCTION IS THERE, AND TO THAT DISTINCTION I ADHERE.

THERE ARE TWO CHAPTERS IN THE TAX CODE THAT DEAL WITH THE ADMINISTRATION OF HOT.

ONE OF THE CHAPTERS REQUIRES THAT THE PARK BOARD SUBMIT A BUDGET RELATED TO THEIR PROPOSED USE OF HOT, AND THAT THE CITY ENTERED INTO A CONTRACT WITH THE PARK BOARD REGARDING THAT USE.

THERE HAS BEEN A SUGGESTION THAT CONTRACT IS OPTIONAL.

HOWEVER, IN THE TAX CODE, WHEN YOU COLLECT HOT TAX AT 7%, YOU MUST HAVE A CONTRACT WITH THE PARK BOARD.

HOT FUNDS HAVE FOR YEARS BEEN COLLECTED BY THE PARK BOARD.

I DON'T THINK ANYBODY HAS AN ARGUMENT WITH THAT COLLECTION.

THOSE FUNDS ARE CITY FUNDS AND THEY'RE REQUIRED TO BE DEPOSITED INTO THE CITY DEPOSITORY AND ADMINISTERED BY THE CITY, NOT ONLY TO THE PARK BOARD.

WE DO THIS WITH THE ARTS IN HISTORIC RECIPIENTS AS WELL.

PURSUANT TO A CONTRACT AND AN APPROVED BUDGET THAT ACCOMPANIES THAT CONTRACT.

SIR, DOES THE ARTS COMMITTEE HAVE A HAVE A APPOINTED BOARD? YES. ARTS AND HISTORIC? YES. YOU'RE STILL DOING IT? I AM THE EX-OFFICIO DEPARTMENT SPOKESMAN.

YOU DON'T SEE THEM MUCH BECAUSE THEY WORK ON A TWO YEAR FUNDING CYCLE AND WE'RE IN THE MIDDLE OF THAT NOW.

SO THEY MAKE THEIR FINDINGS AND CITY COUNCIL APPROVES THE EXECUTION OF THE CONTRACTS.

OKAY, DON, DO WE HAVE CURRENTLY A CONTRACT THAT ADDRESSES THESE ISSUES THAT YOU'RE OUTLINING HERE, A CONTRACT WITH CARDBOARD? I AM NOT AWARE OF A CONTRACT HAVING BEEN EXECUTED WITH THE PARK BOARD UNDER THE TAX CODE SINCE 2011.

SINCE 2011.

ALL RIGHT. VERY GOOD, MR. COUNCILOR, AND SO WHAT IS THE CONTRACT? WHAT IS IT? WHAT IS IT? STATE? WHAT ARE YOU CONTRACTING FOR? THE CONTRACT IS TO COMPLY WITH THE TAX CODE, AND I WOULD THINK THAT IT WOULD BE A DESCRIPTION OF WHAT THE GRANT RECIPIENT IS GOING TO DO WITH THE MONEY, WHAT THEIR BUDGET IS FOR, THE USE OF THAT MONEY, AND ALSO ANY REPORTS REQUIRED.

SO THAT THE CITY CAN MAKE SURE THE FUNDS HAVE BEEN USED IN ACCORDANCE WITH THE CONTRACT.

SO IT'S SIMILAR TO THE INTER LOCAL? NO, BUT YES.

NOW THE INTER LOCAL IS A MULTI-YEAR DOCUMENT, BUT IT ALSO STATES THAT IT ALSO STATES THAT THEY'RE SUPPOSED TO GIVE REPORTS AND YEARLY REPORTS AND QUARTERLY REPORTS AND THINGS LIKE THAT.

SO IT'S SIMILAR TO VERY SIMILAR TO WHAT? THE SOMEWHAT SIMILAR, YES, BUT AGAIN, I'M HERE TO SPEAK SPECIFICALLY AS TO THE PORTION.

RIGHT. WHY DID IT STOP IN 2011? WHY HAVEN'T WE? I HAVE.

I CAN GUESS, AND MY GUESS IS THAT IN 2011, THERE WAS A LITTLE BIT OF DISARRAY IN THE CITY, ARISING MOSTLY OUT OF HOUSING CONTRACTS, WHICH ULTIMATELY RESULTED IN LITIGATION.

[00:25:02]

WE HAD A FINANCE PERSON.

I THINK YOU REMEMBER HER.

I DON'T THINK SHE.

I'M GOING TO MARK MY WORDS.

I THINK MR. LOFTON IS IN A DIFFERENT CLASS THAN SHE, AND AS I RECALL, THERE WAS A LITTLE BIT OF INSTABILITY IN THE MANAGER'S OFFICE.

I KEEP SAYING, AND HAGAN, WHAT WAS HIS NAME? YOU HAD A TRANSITION FROM A BLOCK AND BACK TO WHAT WAS HIS NAME? YEAH.

MARK COLVIN SO I ASSUME AND THEN YOU HAD A TRANSITION FROM SUSIE GREEN.

I JUST ASSUME IN A THIS IS MY SPECULATION, BUT I THINK IT'S PRETTY GOOD SPECULATION THAT WITH THE TURNAROUNDS AND TRANSITIONS, THINGS GOT MISSED.

HOWEVER, NOW THAT WE KNOW IT GOT MISSED.

NOW IT'S GOT OUR ATTENTION.

I WAS I WAS TO ANSWER YOUR QUESTION, TOO.

I WAS ON CAMPUS WHEN THAT OCCURRED AND WHAT MY RECOLLECTION OF THAT WAS NOT SO MUCH, AND I THINK WHAT DON IS SAYING PROBABLY WAS WAS TRUE AT THE TIME OF THE CITY, BUT IT WAS MORE AS A COMPLIMENT TO THE PARK BOARD.

THE PARK BOARD WAS DOING A GREAT JOB WITH THIS.

THE COUNCIL FELT THAT IF THEY ARE MANAGING THAT MONEY, WE NEED TO PLACE TRUST IN THE PARK BOARD TO MOVE FORWARD WITH THAT.

THAT REFERENCES THE COLLECTION, BUT THE APPROVAL OF THE BUDGET FELL BY THE WAYSIDE IN 2011.

THE PARK BOARD MANAGEMENT WAS IN FLUX AT THE SAME AT THE TIME TOO.

IT COULD HAVE BEEN, BUT THE COUNCIL THIS IS JUST MY RECOLLECTION.

THE COUNCIL WAS FOR THE APPROVAL OF THE BUDGET.

WE HAD BEEN.

WE WE FROM THAT POINT FORWARD, WE RECEIVE IT FILE BASICALLY.

IS THAT CORRECT, DON? AND YOU STILL DO UNDER CHAPTER 306, BUT UNDER THE TAX CODE, CORRECT? NO, I UNDERSTAND, BUT DIFFERENT BUT FROM 211 UP TO THIS POINT NOW, WE HAVE BEEN KIND OF RECEIVING AND FILING THEIR BUDGET.

WERE YOU CHAIR AT THAT TIME? NO, MA'AM. IT WAS JIM YARBOROUGH.

NO, NO, NO, NO.

OH, CHAIR THE PARK BOARD? NO, MA'AM. I WAS ON THE COUNCIL AND JIM DOES.

2011 LOUIS ROSE.

OH, EXCUSE ME.

I WAS ON. I WAS ON PARK BOARD AT THE.

TIME FLIES. I WAS ON PARK BOARD AT THE TIME.

SO WHAT'S UP FOR DISCUSSION IS THE CITY COUNCIL'S APPROVAL OF THE HOT TAX BUDGET.

YES. WELL, I THINK WE'RE TALKING ABOUT THE CONCEPTS HERE UNDER THE.

GO AHEAD. WELL, THIS WAS, I THINK, WHAT DON OPENED WITH THE WE'RE NOT TALKING ABOUT THE ENTIRETY OF THE BUDGET.

WE DO WE DO ALREADY HAVE DISCUSSIONS ABOUT THE CFP AND THE MANAGEMENT OF THE PARKS AND THE USER FEES.

THOSE ARE IN THE INTERLOCAL AND WE DO THAT ON AN ANNUAL BASIS, BUT AS DON SPECIFIED, THIS IS NOT ABOUT THE ENTIRETY OF THEIR BUDGET, BUT RATHER ABOUT THE HOTEL TAX PORTION OF THEIR BUDGET BECAUSE IT'S A LARGE PART OF THE BUDGET, BUT BUT IT'S NOT THE WHOLE THING.

WE'RE JUST TALKING ABOUT TAX.

IN MY MIND THESE DETAILS.

WHAT DOES THAT MEAN? APPROVAL OF BUDGET, AND I THINK THIS IS DIRECTED TO YOU AND STAFF RYAN.

WHAT DOES THAT IN YOUR MIND? APPROVAL OF THE BUDGET, DOES THAT MEAN? HOW DOES THAT FLOW? I THINK THEY WOULD SEND IT OVER AND STAFF WOULD GIVE ITS COMMENTS AND YOU GUYS WOULD GET COPIES OF IT SO YOU COULD PROVIDE COMMENTS AND THEN COUNCIL WOULD COLLECTIVELY APPROVE IT, JUST LIKE WE DO EVERYTHING ELSE, AND THAT WOULD HAVE TO BE ON A DUAL TRACK, A CITY BUDGET , AND I WOULD THINK YOU WOULD WANT TO INITIATE THIS WHEN, IN LATE APRIL OR SOMETHING? NO, I MEAN, WE TYPICALLY START OUR BUDGET IN MAY, SO WE'D LIKE TO START GETTING IT IN.

WE DON'T WANT TO WAIT TILL THE LAST MINUTE JUST BECAUSE IT PUTS THEM IN A CRUNCH.

AND I WOULDN'T WANT TO DO THAT TO BRYCE, AND IT'S HARD ENOUGH DOING A BUDGET.

TRUST ME. I KNOW, AND SO WE'D LIKE TO GET IT SOME TIME IN THE SUMMER SO WE COULD GO THROUGH IT.

MIKE DOES A PROJECTION OF WHAT THE HEART IS GOING TO BE.

OH, ABSOLUTELY. IN THE NEXT YEAR HE DOES IT AND HE DOES THAT WHEN? IN APRIL, BUT NO, USUALLY.

BEFORE WE LEAVE THE SUBJECT, THOUGH, I WANT TO UNDERSTAND WHAT IN YOUR MIND WHAT THAT ACTUALLY MEANS AND IF WE COULD SPEAK AS LOUD AS POSSIBLE.

THERE'S A LOT OF PEOPLE IN THE AUDIENCE THAT ARE REALLY STRAINING TO HEAR, HEAR.

[00:30:02]

I SEE SOME OF THEM MOVING FORWARD FOR THAT VERY REASON.

OKAY. YEAH. SPEAK UP.

SO ANYWAY, COULD YOU WALK US THROUGH THAT AGAIN, BRIAN, IN YOUR MIND AND DON, WHAT THAT MEANS ON IN THE TIMELINES AND PUTS INVOLVED WITH THAT? I MEAN, MIKE'S OUT THIS WEEK, HE WOULD BE THE ULTIMATE DECIDER OF THE TIMELINE AS YOU CAN.

MIKE GIVES YOU A BUDGET CALENDAR.

TYPICALLY IN MAY WE WOULD ASK THAT THE PARK BOARD BASICALLY FOLLOW OUR BUDGET CALENDAR.

THEY'RE ON THE SAME DAY, ON THE SAME FISCAL YEAR THAT WE ARE, AND I'M ALMOST POSITIVE THEY FOLLOW THE SAME BUDGET CALENDAR PRETTY MUCH AS IT IS ANYWAY, PRICING GET STARTED ON THIS PLENTY EARLY AND WE WOULD START IN MAY HOPEFULLY SOME TIME RECEIVE THEIR BUDGET, THEIR DRAFT BUDGET SOMETIME TOWARDS THE END OF JULY AND WE WOULD REVIEW IT AND GET IT TO YOU GUYS IN A TIMELY MANNER PROBABLY IN AUGUST THE SAME TIME YOU'RE GETTING OUR DRAFT BUDGET.

WELL, I WOULD SAY IF I COULD, THAT MIGHT COMPRISE AND WORK TOGETHER PRETTY CLOSELY, AND I'M SURE THEY COULD COME UP WITH A TIMELINE THAT THEY COULD BOTH WORK WITH.

I MEAN, EVEN THOUGH THIS IS A WORKSHOP AND PEOPLE CAN COMMENT, WE DO HAVE PRICING IN THE ROOM.

WE CAN ASK HIM WHAT WHAT THE SCHEDULE, WHAT WOULD THAT SCHEDULE FIT WITH OUR SCHEDULE? YEAH, I'M I'M I'M PERFECTLY FINE WITH THIS.

THIS IS AN IMPORTANT SUBJECT AND I THINK WE NEED TO ASK QUESTIONS ABOUT THAT AND GET THAT FROM THE PARK BOARD.

YES, DAVID, I WAS GOING TO POINT OUT THAT THE STATUTE ALSO INCLUDES QUARTERLY REPORTS.

YES, IT DOES, AND SO SO IT'S WE HAVE THE OPPORTUNITY TO REVIEW THIS QUARTER AS WE GO.

IT'S NOT GOING TO BE A SURPRISE.

I MEAN, IT'S NOT SURPRISING NOW WE SEE THAT, BUT WE SEE THE BUDGET NOW.

SO I DON'T THINK GOING TO BE JULY IS GOING TO ROLL AROUND.

WE'RE GOING TO GO, OH, WAIT, WHAT? YOU KNOW, IT'S JUST IT'S JUST AN ORDER TO FOR STAFF TO HAVE TIME TO REVIEW IT THE SAME WAY THEY DO OUR BUDGET.

IT TAKES SOME TIME BECAUSE YOU DON'T WANT TO IF YOU HAVE CHANGES, YOU HAVE CONCERNS.

YOU DON'T WANT TO SHOW UP IN SEPTEMBER, AS WE TEND TO DO OUR OWN STAFF SOMETIMES AND COMPLAIN TO THE PARK BOARD THAT SOMETHING NEEDS TO BE CHANGED SO THAT RATES FOR THE COUNCIL TO REVIEW THE BUDGET OR FOR THE STAFF TO REVIEW THE COUNCIL, WHICH IS THE GOVERNING BODY, TO BE THE SAME WAY WE DO THE COUNCIL.

WHO WOULD THAT BE? YEAH, YEAH, YEAH.

I THINK THIS IS CITY HOT AND YOU'RE APPROVING USE OF THE HOT SEAT.

SO. SO DOES IT SAY YOU'RE SAYING THE GOVERNMENT BODY IS THE COUNCIL.

YEAH. ALL THE OTHER ONES HAVE ADOPTED.

YEAH, BUT ARE WE TALKING ABOUT LIKE.

MIKE BRYSON DOING THIS BECAUSE THE PARK BOARD TRUSTEES DON'T DEVELOP THEIR BUDGET.

THEIR FINANCE DIRECTOR WORKS OVER HERE.

SURE. WE HAD ONE TO ASK.

BRYSON. OH, BRYSON, COULD YOU COME UP, PLEASE, SIR? WE'RE GOING TO DUKE WITH YOU HERE, AND COULD YOU HAVE A SEAT RIGHT UP HERE, BRYSON, IF YOU COULD.

BECAUSE ONCE YOU SAID IT, GRABBED IT.

NOW WE NEED TO GET YOU ON CAMERA, BRYSON.

OKAY. SORRY FOR EVERYBODY.

VERY GOOD. BRYSON COULD YOU KIND OF WALK THROUGH THE WAY YOU INTERPRET WHAT WE'RE TALKING ABOUT ON THE APPROVAL OF THE BUDGET AT THIS POINT? YEAH, I'LL EXPLAIN A LITTLE BIT ABOUT HOW WE DO THINGS NOW.

WE DO START LOOKING AT THE BUDGETS AROUND APRIL, DEVELOP DRAFT BUDGETS THAT WE RUN THROUGH ALL OF OUR COMMITTEES.

SO FINANCE COMMITTEE SEES ALL OF THEM.

THE PARKS BUDGETS GO THROUGH THE PARKS AND AMENITIES COMMITTEE.

THE TOURISM DEVELOPMENT BUDGET GOES TO THE TOURISM DEVELOPMENT COMMITTEE.

SO IT RUNS THROUGH ALL THOSE COMMITTEES BEFORE WE GET A DRAFT BUDGET UP TO THE TRUSTEES IN AUGUST AND THEN WE SUBMIT A FINAL DRAFT IN SEPTEMBER.

IN MY OPINION, AND I'M NO ATTORNEY, SO TAKE IT WITH A GRAIN OF SALT, IF YOU WILL, BUT IN MY OPINION, I THINK THAT WE ARE NOT NOT IN COMPLIANCE WITH ANY STATUTES.

I BELIEVE THAT WE ARE.

THE APPROVAL OF THE BUDGET COMES FROM THE TRUSTEES, WHICH ARE YOUR PROXY.

YOU GUYS APPOINT THEM.

SO I THINK APPROVAL IS IS DONE THROUGH THE TRUSTEES, THROUGH THAT AUTHORITY GIVEN TO THEM BY COUNCIL.

SO IN MY OPINION, I DON'T KNOW IF WE NECESSARILY NEED TO GO THROUGH AN ADDITIONAL LAYER OF APPROVAL, AND THAT'S WHY I ASKED ABOUT THE GOVERNING BODY, THE GOVERNING BODY , BUT THE PARK BOARD IS AN APPOINTED BODY.

IT IS A GOVERNING BODY, AND I DON'T KNOW, THIS IS SOMETHING THAT WAS PUT IN PLACE AT THE GOVERNING BODY AND APPROVED BY THE CITY COURT. SAY THAT AGAIN, DON, AND OUR APPOINTEES ARE NOT CANNOT HAVE THAT AUTHORITY.

THAT'S CORRECT. THEY DO NOT HAVE THE AUTHORITY.

WELL, YOU MAY RECALL, BECAUSE THEY SAY IT ALL THE TIME, THEY'RE AN INDEPENDENT UNIT OF GOVERNMENT.

[00:35:09]

YOU ENTER INTO A CONTRACT WITH A DIFFERENT GOVERNMENTAL UNIT.

PART OF THE AUTHORITY CONFERRED UPON THEM DOES NOT INCLUDE THE APPROVAL OF THE HOT MONEY IN ACCORDANCE WITH THE TAX CODE, WHICH WHEN YOU ASSESS IT AT 7%, YOU MUST HAVE A CONTRACT WITH THE RECIPIENT, AND THAT RECIPIENT CAN INCLUDE ANOTHER GOVERNMENTAL ENTITY, IN THIS CASE, THE PARK BOARD.

WELL, I'M STILL CONFUSED ABOUT IT.

DON, LET ME ASK THIS.

IF WE HAVE A WE DON'T HAVE A CONTRACT AT THIS POINT.

RIGHT, AND WE PUT A CONTRACT OF COUNCIL, WANT IT TO MOVE THIS WAY.

CAN WE PUT A CONTRACT TOGETHER WHERE WE GIVE.

THE BOARD HAS OUR APPOINTEES THE APPROVAL POWER FOR THIS BUDGET OR DOES IT HAVE TO COME TO COUNCIL FOR THEIR APPROVAL? I THINK THE APPROVAL OF WHAT MUST BE DONE BY CITY COUNCIL WAS THE BEGINNING OF YOUR SENTENCE, I THINK.

I BELIEVE THE STATE STATUTE REQUIRES THAT THE CITY COUNCIL APPROVED THE USE OF HEARTS AND THAT IT DO SO THROUGH THE ISSUANCE OF A CONTRACT WHICH PROVIDES FOR THE RECEIPT AND APPROVAL OF A BUDGET AND THE INCLUSION AND THE SUBMISSION OF QUARTERLY REPORTS , BUT TO CLARIFY AGAIN WHAT YOU'RE SAYING BY THE STATUTE, IT'S APPROVAL BY THE COUNCIL, NOT REVIEWED BY STAFF AND THEN TO COUNCIL.

WELL, THAT'S TRUE, BUT TYPICALLY YOU DON'T WADE THROUGH ALL THE PAPERWORK THAT COMES IN HERE BECAUSE THE STAFF AND THEY GIVE YOU A REPORT AND THEY GIVE YOU A RECOMMENDATION.

JUST LIKE OUR CITY BUDGET, BUT ANYWAY, SO THE PARK BOARD HAS BEEN AROUND FOR 60 YEARS, 66 AND IT WAS THE PARK BOARD BUDGET WAS APPROVED BY COUNCIL FOR 50 OR 48.2% OF YEARS.

AND THEN IN 2011, WHEN EVERYTHING WAS SHAKY FOR MULTIPLE REASONS ON ALL SIDES, THEN THAT PROCESS STOPPED.

SO YES, IF WE PUT IT IN PLACE THAT THE COUNCIL REVIEWS, IT WOULD BE GOING BACK TO WHAT IS IN THE STATUTE.

IT WOULD BE IN COMPLIANCE WITH THE TAX STATUTES.

YES, AND IN OTHER CITIES, BECAUSE I BELIEVE WE'RE LIKE THE ONLY CITY THAT HAS A PARK BOARD.

LUCKY US. YEAH.

THE. THE HARD TAX IS ALWAYS REVIEWED BY THE CITY COUNCIL.

THE HEART ATTACK STATUTE DOES NOT APPLY ONLY TO GALVESTON.

IT APPLIES TO EVERYBODY WHO HAS A HEART.

THAT'S WHAT I'M SAYING. REQUIREMENTS ARE DIFFERENT IN ACCORDANCE WITH THE PERCENTAGES THAT YOU CHARGE.

I PUT THAT IN ONE OF MY MANY MEMOS, BUT WHEN YOU HIT 7%, THEN YOU MUST HAVE THE WRITTEN CONTRACT.

WHAT MY QUESTION IS, AND I KEEP COMING BACK TO IT, I WANT TO REALLY HONE IN ON WHAT THE APPROVAL MEANS AND WHO DOES THAT.

COUNCIL DOES THE APPROVAL.

I UNDERSTAND STAFF'S ONLY GOING TO PROVIDE YOU COMMENTS.

YOU ALL CAN DO WHATEVER YOU WANT, JUST LIKE YOU DO WITH YOUR RECORD WHEN YOU WHEN YOU GO THROUGH THEIR BUDGET.

LET'S JUST WALK THROUGH.

WE'RE MOVING IN THAT DIRECTION.

DOES STAFF COME BACK AND HOW DO YOU MAKE RECOMMENDATIONS THAT THEY SHOULDN'T BE SPENDING THEIR MONEY IN THIS ONE COMMENTS, AND THAT WILL BE FOR YOU ALL TO DETERMINE WHETHER WHETHER IT'S CORRECT OR INCORRECT OR WHAT YOU WANT OR WHAT YOU DON'T WANT.

STAFF IS ONLY GOING TO PROVIDE YOU COMMENTS.

YES. MIKE, HOW DOES THIS AFFECT THEIR $0.05 COMING BACK TO THEM? FOR $0.04, IT SHOULD BE 5.4.

BECAUSE IT'S NOT. IT'S COMPLEX.

THERE IS THE $0.04 THAT BRYSON KEEPS OF THE $0.09 THAT COMES THROUGH, BUT THERE'S A TWO CENT REBATE IN THE STATE THAT HAS TO DO WITH BEACH PATROL RENOURISHMENT AND SO FORTH THAT COME DIRECTLY TO THE CITY AND WE SIMPLY TRANSMIT THAT BACK TO THE PARK.

SO IT'S TWO TRACKS RIGHT NOW.

HOW IS IT AFFECTED YOU WOULDN'T THAT'S, THAT'S ANOTHER DISCUSSION ITEM DOWN THE LIST HERE IS HOW THAT'S TRANSMITTED, BUT

[00:40:07]

AT THE END OF THE DAY, I DON'T THINK IT AFFECTS THAT AT ALL.

SO I BELIEVE THE DELIVERY OF MONEY WOULD BE ADDRESSED IN THE CONTRACT.

SO NO MATTER WHAT HAPPENS, THEY'LL GET IF THE BUDGET'S THEIR BUDGET, THEY'LL GET THEIR JUST $0.02 BACK TO THEM, AND WHAT THEY'RE THEY'RE CENTS, THEY'RE $0.04 TO FOUR POINT WHATEVER SENSE IT IS, THAT SENSE WILL GO BACK TO THEM NO MATTER WHAT THEIR BUDGET SAYS, AND THEY'LL BE FUNDED IN ACCORDANCE WITH THEIR BUDGET.

THAT WILL BE UP TO YOU.

THE COUNCIL IS GOING TO APPROVE THIS.

NOW YOU HAVE A CITY CODE THAT SAYS WHAT THE ALLOCATION SHOULD BE.

YOU CAN CHANGE THE CODE.

YOU CANNOT CHANGE THE CHARTER, WHICH REQUIRES $0.03 TO GO TO THEM TO RUN THE.

WELL, IT'S NOT TO GO TO THEM.

IT'S TO RUN A VISITOR'S CENTER, TO ADVERTISE THE TOURISM BENEFITS OF THE ISLAND.

THEY SIMPLY USE THE WHAT'S THE NEW NAME AS THE VEHICLE.

YOU KNOW, TO ME, WE'RE KIND OF A DAY LATE, A DOLLAR SHORT FOR THIS BUDGET.

I THINK THAT WE NEED IT PERSONALLY.

WE'RE MOVING IN THE DIRECTION OF SETTING UP AN APPROVAL PROCESS.

IT NEEDS TO BE FOR THEIR 24 BUDGET FOR 23, 24 BUDGET, BUT UNTIL THAT TIME, I THINK THAT WE CAN GO THROUGH A QUARTERLY REVIEW OF THERE, AND I THINK THAT'S WHAT IS IN THE IN THE STATUTES OR SOMETHING IN THE TAX CODE OR SOMETHING ABOUT A QUARTERLY REVIEW.

I HAVE SUGGESTED YOU COULD GIVE THEIR BUDGET APPROVAL RIGHT NOW CONDITIONALLY AND JUST REQUIRE THAT THEY START SUBMITTING THE QUARTERLY BUDGETS AND THEN STAFF WILL SIT DOWN AND WORK OUT THE DETAILS OF THE CONTRACT THAT, YOU KNOW, WHEN WE HAVE IT DONE. GEORGE.

IT'S GOING TO BE A BIKE INTENSIVE KIND OF THING, SO I DON'T WANT TO SPEAK WITH THEM.

DO YOU DO ANY REPORTING TO THE CITY AND WHAT'S IN THE INTER LOCAL AGREEMENT? ABSOLUTELY. SO YOU DO GIVE SOME QUARTERLY MAXIMUM, MAXIMUM SOMETHING OR OTHER.

THE MAXIMUM STUDY YOU'RE REFERRING TO IS OUR COST ALLOCATION STUDY THAT WE USE TO JUSTIFY THE FUND TRANSFERS.

THE OTHER REPORTING THAT WE GIVE IS THE QUARTERLY USER FEE REPORTS.

WE ALSO GIVE REPORTS REGARDING ALL THE SEA WALL PARKING, THINGS LIKE THAT.

AND THEN OF COURSE, AS INFORMATION IS REQUESTED, WE PROVIDE THAT AS WELL, BUT DO YOU GIVE A QUARTERLY FINANCIAL REPORT TO THE CITY AT THIS POINT REGARDING HOTEL OCCUPANCY? YES, NOT AT THIS POINT.

IT IS DISCUSSED, THOUGH, AND BROUGHT UP AT OUR COMMITTEE LEVEL IN.

IN THE LAST BUDGET THAT YOU SENT OVER HERE ON THE 27TH, DID THAT WAS THAT FULL OF THE FULL BUDGET? THAT WAS THE FULL BUDGET WITH HEART AND EVERYTHING.

WITH EVERYTHING. VERY GOOD.

ANY OTHER QUESTIONS COMING? I MEAN, FIRSTLY, I THINK THAT WE NEED TO GET MORE DETAILS.

WE NEED TO SEE HOW THIS WOULD FLOW AND HOW WE WOULD MOVE FORWARD WITH THIS AND IF COUNCIL WANTED TO SUPPORT THIS, AND AS I MENTIONED, I THINK THAT WE'RE WELL, IT'S ALREADY PAST OCTOBER 1ST, SO WE'RE ALREADY BEHIND THE BALL ON THIS YEARS ON THIS YEAR'S BUDGET , BUT I THINK THAT WE CAN LOOK AT SOME OF THE DETAILS OF THIS FOR THE UPCOMING BUDGET.

IN THE INTERIM, I THINK YOU'RE GIVING A QUARTERLY REPORT TO THE BOARD, IS THAT CORRECT? YOU COULD SEND THAT OVER TO THE CITY HERE ALSO.

REQUEST THAT I COULD DO THAT IF COUNCIL WANTED TO DO THAT MOVING FORWARD.

THE QUESTION SEEMS TO BE WHETHER WE WANT TO COMPLY WITH THE LAW.

THAT. THAT, YEAH, WE WANT TO COMPLY WITH THE LAW.

WELL, THERE'S STILL SOME. YOU'VE GOT THE PARK BOARD.

WHAT I'M HEARING IS PARK BOARD SAYS THAT THEY ARE COMPLYING WITH THE LAW.

WE'VE GOT THE CITY THAT'S SAYING THAT THEY'RE NOT COMPLYING WITH THE LAW.

WELL, I DON'T WANT TO GET ANYBODY IN TROUBLE WITH THEIR.

THEIR ATTORNEY AGREES WITH OUR ATTORNEY ON THIS MATTER.

STAFF DOESN'T LIKE THE IDEA, BUT THEIR ATTORNEY AGREES WITH THEM.

THERE ARE SOME CHARTER PROVISIONS HERE THAT REQUIRE THAT CITY MONEY BE DEPOSITED IN THE CITY DEPOSITORY.

[00:45:01]

SO WE HAVE TO DEAL WITH THAT.

RIGHT NOW, THE MONEY IS BEING HELD BY THE PARK BOARD THAT IS NOT IN COMPLIANCE WITH THE CHARTER.

THAT'S ITEM C ON OUR LIST.

I'M JUST I'M JUST CONCERNED THAT I'M JUST CONCERNED THAT WE'RE SITTING HERE TALKING ABOUT, WELL, ARE WE GOING TO COMPLY WITH THE LAW, WHETHER WE'RE JUST GOING TO, BUT WE COULD ALSO MAKE THE CONTRACT SAY THAT WE CAN WE CAN GIVE THE AUTHORITY FOR THE APPOINTED BOARD TO MAKE THAT APPROVAL. NO, I DON'T THINK SO.

I DON'T THINK YOU CAN DELEGATE STATUTORY DUTY ON USE OF TAX FUNDS.

THAT'S NOT WHAT THE TAX CODE REQUIRED.

HOW DO WE RESEARCH THAT? SO WE'RE FULLY 100% SURE WE CAN'T DO THAT.

HIRE A LAWYER. WE HAVE ONE, RIGHT? SO. SO IT'S AN INTERPRETATION.

YEAH, BUT I'M PRETTY GOOD AT THAT STUFF.

YOU KNOW, YOU SAID TO ME YESTERDAY WHEN DON READ SOMETHING OUT OF THE CODE TO USE THAT I DON'T AGREE WITH THAT.

I DON'T FREQUENTLY AGREE WHEN COPS STOP ME FOR DRIVING TOO FAST.

BUT THEN THEY DIDN'T GET ME OUT OF WRITING, YOU KNOW, GETTING ME OUT OF THE TICKET.

RIGHT. THIS IS THIS IS NOT INTERPRETING THE LAW SO MUCH AS READING IT, BUT WHEN YOU HAVE TO LOOK AT THE FACT THAT IT'S BEEN DONE FOR 48 OF THE 60 YEARS AND THEN A STATE OF FLUX, ALL OF A SUDDEN IT STOPPED, YOU KNOW, AND EVEN IF IT IS, IT'S TAX MONEY, WHETHER IT'S PAID BY CITIZENS THAT ARE LIVING OR NOT LIVING, ALL CITIZENS WHO ARE RESIDING CITIZENS, I MEAN, IT'S PAID BY TOURISM.

RESIDENTS DO STAY AT HOTELS.

THIS TAX MONEY IS WHY IT'S TAX MONEY, NO MATTER HOW YOU LOOK AT IT, AND THAT'S THE WAY THE STATUTE READS, AND FOR WHATEVER REASON, WE STOPPED DOING IT FOR 12 YEARS, AND IF IT ISN'T SOMETHING IF IT'S A MATTER OF DOES THAT GOVERNING BODY, WHICH AGAIN, IS US.

EVEN SO, HERE'S A QUESTION.

SO IF THE CITY SUGGESTED A CHANGE, THE CITY MANAGEMENT SUGGESTED A CHANGE, THE COUNCIL COULD OVERRIDE THAT.

ABSOLUTELY. LET'S DO IT ON HOW THE MONEY IS SPENT.

I HONESTLY DON'T THINK FOR THE MOST PART HOW THE MONEY GETS SPENT IS THAT QUESTION HERE, AND, YOU KNOW, WE'VE WON THE HEARTS CONCERT.

I WOULD DISAGREE WITH THAT, BUT WHAT.

APPROVAL OF THE BUDGET ON THIS NEXT BATTLE.

BASICALLY, GIVEN YOUR SAY ON HOW YOU WANT AND HOW YOU WANT TO SPEND, I MEAN, IF IT'S JUST A RUBBER STAMP BUDGET, THEN WE DON'T NEED TO SAY IT ANYWAY.

THAT'S NOT WHAT I SAID. I SAID, I DON'T THINK WE HAVE A LOT OF CONCERNS ABOUT HOW THE MONEY IS SPENT TODAY.

THERE ARE CERTAIN THERE ARE CERTAIN STATUTORY THINGS THAT WE HAVE THAT WE AND THEY HAVE TO COMPLY WITH.

THERE'S A CERTAIN AMOUNT OF MONEY GOES TO THE BEACH PATROL, A CERTAIN AMOUNT OF MONEY GOES TO SANDY NOURISHMENT, A CERTAIN AMOUNT OF MONEY GOES TO THE BEACH CLEANING, YOU KNOW, THE 3 TO $0.03 FOR ADVERTISING.

WE WE DEPEND ON THEM AND THE CVB TO DO THAT, AND THEY DO A PRETTY GOOD JOB OF IT.

I'VE BEEN TO THE BEACH LATELY.

THE YOU KNOW, THAT'S $0.03, BUT THAT'S STILL TAX MONEY.

WE HAVE AUTHORITY OVER AND OUR KNOW AND RECIPIENT OWES THE CITY FIDUCIARY DUTY.

SPEND THAT MONEY IN ACCORDANCE WITH THE APPROVED BUDGET AND TO MAKE THOSE REPORTS.

WILLIAM, YOU WANT TO SAY SOMETHING? WHAT WAS THE SPECIFIC ACTION THAT IN 2011 BROUGHT THIS ON? I KNOW WE SAID IT JUST HAPPENED, BUT WAS THERE AN ACT OF COUNCIL? WAS IT CITY STAFF OR REAL COUNCIL? YOU WERE RIGHT.

I DON'T KNOW IF I WAS HERE, BUT I WASN'T IN THAT ROLE.

I WAS ASSISTANT CITY MANAGER AND PARKS BOARD WASN'T IN I WASN'T ON COUNCIL, BUT I WAS WITH THE BOARD, AND WHAT I THINK THIS WAS A CONSCIOUS DECISION NOBODY ASKED FOR.

I THINK IT WAS A FUNCTION OF A CERTAIN DEGREE OF DYSFUNCTION THAT GOOD THAT WAS PREVALENT AT THE TIME THAT YOU COULD HAVE. SO IS THIS LIKE A WORD OF MOUTH AGREEMENT? WAS IT A PHYSICAL CONTRACT? WAS IT AN ACT OF COUNCIL? IT'S A STATE LAW, BUT BEFORE 2011, DID WE HAVE SOME KIND OF CONTRACT OR WRITTEN AGREEMENT SAYING THAT IS HOW DID THIS? BECAUSE THAT'S WHAT THAT'S WHAT WE'RE TALKING ABOUT NOW, BUT SINCE THE MONEY GETS DIRECTED, COLLECTED AND KEPT BY THEM, WE DIDN'T REALLY HAVE THE CHECK AND BALANCE PROVIDED IN THE TAX CODE.

[00:50:03]

NOW THAT WE HAVE FOUND OUT THAT WE DIDN'T DO THAT, IT'S, IN MY OPINION, INCUMBENT UPON US TO FULFILL THE STATUTORY DUTY, AND ARE WE LOOKING TO TO PUT OUR OWN POLICY IN PLACE TO FACILITATE THAT IN THE FUTURE, IF THAT'S THE ROUTE WE WANT TO GO? POLICY DECISIONS ARE UP TO YOU.

I UNDERSTAND THAT. I WOULD TELL YOU THAT THE ACTUAL EXPENDITURES OF OUR TAX ARE DICTATED IN THE TAX CODE.

YES, THEY WERE IN 2011 TOO.

I'M SORRY, APPARENTLY, BUT WHAT I'M ASKING IS, ARE WE GOING TO PUT THIS IN WRITING IF WE DECIDE TO GO THIS WAY, THIS ROUTE WITH APPROVING A BUDGET EACH YEAR, ARE WE GOING TO PUT THAT IN A CONTRACT AND SOME KIND OF AGREEMENT? IS THAT THE ROUTE THAT WE'RE LOOKING AT GOING SO THIS DOESN'T HAPPEN IN THE FUTURE? IT HAPPENED IN 2011, APPARENTLY THAT WE JUST STOPPED DOING IT.

NOTHING WAS IN WRITING, APPARENTLY, BESIDES THE TAX CODE, AND TO PREVENT THAT IN THE FUTURE, ARE WE LOOKING AT PUTTING IT IN WRITING IN AN AGREEMENT? YES, AND THAT'S WHERE THE CONTRACT COMES IN.

YOU'RE RIGHT ON THAT.

ANY CONTRACT APPROVING THEIR BUDGET IN THE USE IS SET OUT IN IT, AND WE DIDN'T HAVE THAT PREVIOUSLY.

THAT'S CORRECT. I THINK THAT'S WHAT YOU WERE ASKING.

THANKS, JOHN. YEAH, WE APPRECIATE THAT.

HOW WOULD IN A PERFECT WORLD, THIS BUDGET CLOSE TO THE CITY, TO THE STAFF TO REVIEW? I MEAN, I TAKE IT THEY'RE GOING THROUGH IT LINE BY LINE.

CITY STAFF IS PRETTY ALREADY STRETCHED THIN WITH OUR OWN BUDGET.

RIGHT. HOW DOES THAT COMPLICATE OUR BUDGET PROCESS WITH HAVING TO LOOK AT THE PARK BOARD? BUT IT'S NOT GOING TO BE WE'RE NOT GOING TO I DON'T LOOK INTO SEE US DIVING INTO HOW MANY PENCILS THEY BUY.

THAT'S NOT OUR ROLE.

I LOOK AT IT MORE CLOSELY TO MAKE SURE THAT STAFF'S COMMENTS WOULD REVOLVE AROUND WHETHER WE'RE FOLLOWING STATUTORY RULES OR WHETHER IT'S FOLLOWING THE GOALS THAT ARE SET FORTH BY COUNCIL. WE'LL BE LOOKING AT FIREWORKS VERSUS DRONES.

COUNCIL NEXT THINKS ABOUT MOVING ON, BUT DON, WHAT I HEAR COUNCIL AND KIND OF A CONSENSUS HERE NEED TO PUT THIS CONTRACT TOGETHER AND WE NEED TO OUTLINE SPECIFICALLY WHAT IT WHAT IT SAYS AND HOW THE TIMELINES AND HOW IT WOULD OPERATE. SO THE COUNCIL CAN SEE DETAILS ON THAT, IF YOU WOULD, PLEASE.

YES, JUST ONE MORE THING, AND THIS IS A CURIOSITY ON MY PART.

SO IN THE TAX CODE, THERE'S ANOTHER SECTION, CHAPTER 351 105 THAT SAYS AN ELIGIBLE COASTAL MUNICIPALITY AND A PARK BOARD OF TRUSTEES CREATED BY THE MUNICIPALITY MAY CONTRACT WITH THE PARK BOARD TO USE THE TAX AUTHORIZED BY THIS CHAPTER.

IT'S PROVIDED BY THE SECTION AND WITHOUT FURTHER AUTHORIZATION, USE THE TAX AUTHORIZED BY THIS CHAPTER.

SO I'M CURIOUS, JOHN, YOUR OPINION ON HOW THAT STATUTE WORKS WITH THE ONE THAT YOU WERE REFERENCING, MR. CHESNOFF AND HIS COUNCIL MISSED THE STATUTE THAT SAYS WHEN YOU ISSUE A TAX AT 7%, YOU MUST HAVE A WRITTEN CONTRACT WITH THE REQUIRED BUDGET.

NO, I DON'T THINK I DO NOT KNOW AND I DO NOT SPEAK FOR THE CITY COUNCIL.

IS DESIRE TO PRE-APPROVE EVERY EXPENDITURE THAT YOU MAKE.

THAT WOULD SEEM TO ME TO BE NEEDLESSLY CUMBERSOME, BUT THAT'S FOR YOU GUYS TO DECIDE IF YOU WANT TO IF YOU WANT TO APPROVE ALL THEIR EXPENDITURES AHEAD OF TIME.

GOD BLESS YOU, BUT I WOULD SAY THAT BECAUSE WE'RE TAXING AT 7%, WE MUST HAVE A WRITTEN CONTRACT, PERIOD, AND THAT'S SOMETHING WE'VE NEVER HAD IN THE PAST.

WE HAD ONE IN 2011.

WE HAD IT. WE DID HAVE IT, AND I ASKED THAT.

I JUST ASK THAT QUESTION.

THERE WAS THE BUDGET. I DON'T KNOW.

SINCE 2011, WE HAVEN'T HAD ONE.

I ASKED IF WE HAD SOMETHING IN WRITING FROM 2011 PREVIOUSLY THAT SAY THAT WE WERE APPROVED THIS BUDGET EACH YEAR FROM 2011, PREVIOUSLY BEFORE 2011 UP TO 2011.

DID WE HAVE ANYTHING IN WRITING SAYING WE WERE APPROVING THIS BUDGET BECAUSE APPARENTLY IT DIDN'T HAPPEN IN 2012? AND I WAS ASKING IF THERE WAS SOMETHING IN WRITING THAT SAID THAT WE HAD TO APPROVE THIS BUDGET EACH YEAR.

MAYBE THE TAX QUESTION WAS IN 2010, DID THE COUNCIL APPROVE THE BUDGET? NO, NO, THAT'S NOT MY QUESTION.

MY QUESTION IS, DO WE HAVE SOMETHING IN WRITING A CONTRACT WITH THEM SAYING THAT WE WERE GOING TO APPROVE THEIR BUDGET EACH YEAR? YOU DIDN'T HAVE A CONTRACT? I BELIEVE WE HAD A TAX CODE THAT REQUIRED IT.

[00:55:03]

THAT'S DIFFERENT THAN WHAT I WAS THINKING.

I THOUGHT WE HAD A CONTRACT AND IN 2011.

IS THERE A DOCUMENT WHERE YOU SEE THAT CONTRACT? YEAH. I GAVE IT TO YOU GUYS IN YOUR VOCAL, YOUR BELIEF SYSTEM, BUT YOU SAID INTERLOCAL.

SO? SO YOU JUST TOLD ME INTERLOCAL AND CONTRACT ARE DIFFERENT.

SO WE STILL HAVE AN INTERLOCAL, RIGHT? YES, BUT IT DOES NOT ADDRESS THAT.

WE HAVE DOES NOT ADDRESS THAT OPERATIONAL INTERLOCAL.

IT ADDRESSES OPERATIONAL ISSUES IN THIS ADDRESS CONTEXT.

YEAH. SO SO SO THE SO THE INTERLOCAL IN 2012, THEY TOOK THAT OUT.

THEY TOOK THE CITY COUNCIL.

THE AGREEMENT BETWEEN THE TWO PARTIES.

IT WASN'T, I DON'T KNOW, IN 2012, I DON'T THINK THERE WAS ANOTHER BY 2014, AND THEN IN 24, 2014, IN A LOCAL.

THERE WAS NOTHING TO DO WITH THE OPERATION, AND SO ARE WE LOOKING IF WE GO BACK WITH APPROVING THEIR BUDGET EACH YEAR, IS THAT SOMETHING WE WOULD PUT BACK IN THE ENVELOPE? NO, YOU HAVE TO SEPARATE, I WOULD IMAGINE, TWO SEPARATE GOALS.

WE WOULD HAVE THE OPERATIONAL INTER LOCAL AND THE BUDGET AND LOCAL IS DONE ANNUALLY.

THE LOCAL AND OPERATIONS OPERATIONS IS DIFFERENT.

THAT'S CORRECT. YOU SAID IN A CONTRACT WHICH IMPROVES THEIR BUDGET INCOME AND THAT WOULDN'T BE IN THE INTER LOCAL LIKE IT HAS BEEN IN THE PAST.

IT'D BE A SEPARATE COUNTRY, A SEPARATE ONE EVERY YEAR.

I WOULDN'T PUT IT IN THE INTERVAL BECAUSE WE DO THE INTER LOCALS FOR HOW MANY YEARS WE DO IT.

FIVE, DIDN'T WE.

IT DOESN'T. I THINK WE GO YEAR TO YEAR IF IT IS NOT CANCELED OR MODIFIED OR NEGOTIATED BY A PARTICULAR POINT IN TIME, BUT I THINK I THINK IT GOES TO BUDGET.

CAN YOU IMPROVE THE CITY BUDGET EVERY YEAR? YOU KNOW, IMPROVE THIS BUDGET EVERY YEAR? IT SAYS I UNDERSTAND THAT SAYS IN THE 211 AGREEMENT ON THE DUTIES HERE BEFORE RECEIVING THE FUNDS GRANTED HERE IN CITY COUNCIL OR ITS DESIGNEE SHALL APPROVE GRANTEES ANNUAL BUDGET IN WRITING, AND THAT IS NOT CORRECT.

YOU CANNOT YOU CANNOT APPOINT A DESIGNEE.

THAT'S WHAT IT SAYS IN THE 2011.

I'M SAYING THAT YOU CAN'T PROVE THE PARK BOARD IS THE DESIGNEE.

THAT IS AS THE RECIPIENT.

THEY ARE FIDUCIARY AND I THINK THAT'S A HOPELESS CONFLICT FOR THEM TO BE IMPROVING THEIR OWN USE OF FUNDS WHERE THEY HAVE A FIDUCIARY DUTY TO YOU AND THE TAXPAYERS.

IT SAYS CITY COUNCIL OR ITS DESIGNATE.

WHO WOULD THAT BE? PLEASE READ THE NEXT PHRASE BEFORE RECEIVING THE FUNDS GRANTED HERE IN CITY COUNCIL OR ITS DESIGNEE SHALL APPROVE GRANTEES ANNUAL BUDGET IN WRITING.

WE COULD SAY MIKE APPROVES.

YEAH, BUT I WOULDN'T.

I CAN'T IMAGINE US TRYING.

STAFF DOES NOT WANT TO APPROVE, AND IT SAYS GRANTEES SHALL MAKE PERIODIC REPORTS TO CITY COUNCIL OR ITS DESIGNEE AT LEAST REFER TO EX-OFFICIO.

BECAUSE, I MEAN, YOU CAN'T APPROVE THIS.

NO, NO, I'M JUST SAYING.

I MEAN, IT'S, IT'S.

I CAN'T IMAGINE TRYING TO.

I CAN'T IMAGINE WHAT THAT MEANS.

I CAN'T UNDERSTAND WHAT THIS POLICY SAYS THAT WE CAN WE CAN TRANSFER THOSE.

IT WAS TO DESIGNATE THE HEAD OF FINANCE TO BE THE ONE REVIEWING THEM, BUT I DON'T KNOW THAT COULD HAVE BEEN THE FINANCE COMMITTEE COULD HAVE BEEN THE FINANCE, BECAUSE I THINK BACK THEN ONCE WHEN THAT KIND OF WIPED IT CLEAN AND STOCKED IT, I DIDN'T MEAN TO SAY THAT YOU COULD INVENT THAT WHEN THEY HAD SOME POWER.

THAT'S AN IMPORTANT THAT'S IN MY MIND, DON.

THAT'S AN IMPORTANT DISTINCTION HERE.

WELL, IT DOESN'T HAVE TO BE IN ANY NEW CONTRACT.

NO, IT DOESN'T HAVE TO BE, BUT I SAY IT IS THEIR DESIGNEE AND YOU'RE MAKING IT.

YOU'RE SAYING THAT DESIGNEE CANNOT BE THE PARK BOARD? I DON'T THINK THE DESIGNEE CAN APPROVE THEIR OWN EXPENDITURES.

THEY UNDERSTAND. I MEAN, THEY DO, AND I DON'T THINK THAT CAN COMPEL THE CITY TO MAKE THE PAYMENT.

I THINK YOU'RE GOING TO MAKE A DECISION WHETHER YOU WANT TO APPROVE THE QUARTERLY PAYMENTS OR HOWEVER YOU SET THEM UP, OR MAYBE YOU'LL HAVE TO REVIEW THE DOCUMENTS.

I DON'T KNOW HOW YOU WANT TO DO IT.

I HAVE SOME IDEAS THAT I CAN PROPOSE, BUT WE DON'T WANT TO BE ENTERED TOO FAR.

[01:00:06]

IT SAYS ALSO IN THE 2011 AGREEMENT, THE CITY COUNCIL RESERVES THE RIGHT TO AMEND SECTION 3392 OF THE CITY CODE TO CHANGE, MODIFY OR FURTHER SPECIFY THE USE OF FUNDS PERMITTED.

THAT'S NOT THE TAX CUT.

NO, BUT THERE IS A SECTION OF THE TAX CODE THAT PROVIDES.

IF YOU'RE ASSESSING HUD AT 5%, YOU HAVE TO USE INCLUDE THIS PURPOSE.

SIX IT INCLUDES LIFEGUARDS, SEVEN CVB OR VISITOR CENTER.

SO I THINK OUR CITY CODE DOES REFLECT THAT, BUT I THINK THERE'S STILL SOME ADJUSTMENTS THAT CAN BE MADE.

THAT IF WE EVEN CHANGE OUR CITY CODE.

WHAT I HEAR YOU SAYING THAT TAX CODE TRUMPS THAT.

SURE. OKAY.

I JUST WANT TO CLARIFY.

I DON'T HAVE. SO IN BEING IN WHATEVER NONCOMPLIANCE WITH THE TAX CODES, WHAT'S THE RESULTS OF THAT? I DON'T KNOW. I DON'T WANT TO BE ARRESTED.

I MEAN, WHAT. WHAT DOES THAT MEAN? NOBODY LOOKS GOOD. IT MEANS WE HAVE ALL FAILED THE TAXPAYERS IN ADHERING TO THE STATUTORY REQUIREMENTS.

I THINK WE'RE EXPOSED TO THE CONSEQUENCE OF HAVING NOT DONE THIS, AND IT'S KIND OF MOOT POINT.

I MEAN, WE CAN START RIGHT NOW.

SAY, GIVE ME CONDITIONAL APPROVAL ON BUDGET.

THE PRISON HAS ALREADY BROUGHT FORWARD QUARTERLY REPORTS IN JANUARY, JUST MOVED FORWARD.

THE PROCESS. I WOULD LOOK TO STAFF TO TELL US HOW THEY GO ABOUT THE APPROVAL OR REVIEW PROCESS, BECAUSE THAT'S ACTUALLY ONE OF OUR NEXT ITEMS HERE AS WELL IS HOW WE HOW WE HOW WE REVIEW THE CFP THAT'S BEEN UP IN THE AIR FOR SOME TIME NOW.

ALL RIGHT. LET'S LET'S WIND THIS UP ON POINT A DON.

YOU'RE GOING TO PUT TOGETHER A CONTRACT.

I WANT TO SEE ALL THE DETAILS, TIMELINES AND DETAILS ON HOW THAT IS ACCOMPLISHED.

WHY DON'T I SUBMIT AN ORDINANCE FOR YOU SUGGESTING APPROVAL NEXT MEETING THAT YOU GIVE TENTATIVE APPROVAL TO THEIR HOT BUDGET SUBMITTED SOMEWHERE IN COMPLIANCE, DIRECTING STAFF TO DEVELOP A CONTRACT FOR USE IN THE PRESENT AS A MODEL FOR FUTURE YEARS, AND TELLING THE PARK BOARD TO START SUBMITTING QUARTERLY REPORTS FOR REVIEW BY THE CITY COUNCIL OR ITS DESIGNEE.

WHICH IS OFTEN BASICALLY, WELL, I DON'T UNDERSTAND THE DESIGNEE, BUT ANYWAY, THAT MAKES COUNCIL.

DOES THAT MAKE SENSE? ALL RIGHT.

LET'S LET'S MOVE FORWARD WITH THIS ONE.

WHEN YOU HAVE THAT TO US, I'LL HAVE THE AUDIENCE TO YOU AT THE NEXT MEETING.

THE CONTRACT.

THAT'S ONE OF THE THINGS WE'RE GOING TO BE TALKING ABOUT HERE IS THE DEVELOPMENT SCHEDULE FOR THE INNER OK, AND THAT'S THAT THEY SAY THEY RUN ON THE SAME TRACK.

WELL, THAT'S FINE ON THE CONTRACT THAT COULD RUN ON THE TRACK TO THE INNER CIRCLE, WHICH IS, I THINK JANUARY OR SO.

WE'RE LOOKING AT THAT.

I WOULD HOPE THAT I WOULD HAVE ONE BACK FOR YOU BEFORE THAT, BUT YOU'LL HAVE AN ORDINANCE ON THE 27TH FOR THE COUNCIL TO REVIEW AND SEE WHERE WE WANT.

IF WE WANT TO HAVE WE WANT TO MOVE FORWARD WITH THIS MOVE TO ITEM SEVEN.

YES. CAN WE GO TO SEE BECAUSE I THINK IT RELATES SOMEWHAT TO THIS, WHEREAS OR SOMEWHAT SEPARATE FROM THE BUS CONVERSATION

[7.A.c. Discussion related to the collection and expenditure of City Hotel Occupancy Taxes by the Park Board. (Collins/Brown)]

SEVEN A SEE IS IN CAT, PLEASE JANELLE.

RELATED TO THE COLLECTION AND EXPENDITURE OF CITY HOTEL OCCUPANCY TAXES ON THE PARK BOARD.

JOHN, YOU HAD SENT OUT A MEMORANDUM ON THAT ALSO.

YES, AND IF YOU COULD PARAPHRASE THAT AND GO THROUGH THAT, IF YOU WOULD, PLEASE.

BASICALLY PARAPHRASE HOW TAX AND CITY MONEY UNDER THE LOCAL GOVERNMENT CODE. THE CITY IS REQUIRED TO HAVE A CITY DEPOSITORY BANK THAT ALL CITY FUNDS ARE DELIVERED INTO. THE CITY CHARTER SAYS THAT.

ALL COLLECTED MONIES OUGHT TO BE PUT IN THE CITY DEPOSITORY, AND THE CHARTER ALSO PROVIDES THAT PROTECTS THE CITY

[01:05:02]

MONEY WHICH WOULD BE DELIVERED TO THE CITY, AND AS AN OPERATION OF THOSE THREE HIGH TECHS HAS TO BE DELIVERED TO THE CITY AND PUT IN THE CITY DEPOSITORY.

VERY GOOD PRICE, AND YOU WANTED TO MAKE A COMMENT? YES. I JUST WANTED TO AGAIN ASK JOHN ANOTHER LEGAL QUESTION, MAYBE CLARIFY THIS FOR ME.

SO I'M LOOKING AT THE TEXAS GOVERNMENT CODE SECTION 306.036 DEPOSITORIES, AND IT SAYS THE MONEY BELONGING TO OR UNDER THE CONTROL OF THE BOARD SHALL BE DEPOSITED AND SECURED SUBSTANTIALLY IN A MANNER PRESCRIBED BY LAW FOR MUNICIPAL FUNDS.

DO YOU HOW DO YOU INTERPRET THAT STATUTE AND HOW WOULD YOU APPLY THAT TO HOT COLLECTIONS? ONCE WE SEND YOU THE MONEY PURSUANT TO THE CONTRACT, THEN YOU PUT IT IN YOUR OWN DEPOSITORY FOR DAILY USE, AND JUST ONE LAST COMMENT, THEN I'LL I'LL BE QUIET AFTER THIS.

WE DO RIGHT NOW WHEN WE COLLECT, SET IT UP IN A SEPARATE ACCOUNT AND DO IT IN A MANNER PRESCRIBED BY LAW.

SO I JUST WANT TO MAKE SURE THAT EVERYBODY UNDERSTOOD.

I GUESS THE QUESTION IS, IS WHOSE DEPOSITORY ACCOUNT THAT SHOULD BE.

SO THE MONEY THAT YOU COLLECT GOES INTO THE CITY DEPOSITORY AND THE CITY DISPERSES IT TO YOU.

WHEN IT GETS DISPERSED TO YOU, YOU PUT IT IN YOUR OWN BANK.

THAT'S NOT THE WAY IT HAPPENS RIGHT NOW.

WELL, LET'S NOT HOW? 4.7 $0.05 IF IT DOESN'T HAPPEN TODAY.

THE REST OF IT DOES. LOOK, THE STATE THE DETAILS OF THAT I WOULD WORK WITH LOFTON ON TO GET IT HASHED OUT.

BRYCE, OUTLINE, IF YOU WOULD, QUICKLY.

WHAT TAKES PLACE IN THE COLLECTION AND THE ALLOCATION TO THE EXPENDITURE OF THE FUNDS NOW? CERTAINLY. SO THE NINE PENNIES THAT WE COLLECT LOCALLY, WE COLLECT ALL NINE OF THOSE, WE RETAIN OUR FOUR PAINTINGS AND THEN WE DISTRIBUTE THE REST TO THE APPROPRIATE AREAS. THE ARTS FUNDING TO CITY.

THE BREMER BILL STEP AT THE CONVENTION, THE STATE REBATE, THE TWO PENNIES THAT COME BACK FROM THE STATE ARE SENT DIRECTLY TO THE CITY, AND THE CITY DISPERSES THOSE TO US.

SO THAT'S HOW THAT WORKS.

THERE'S AN ADDITIONAL ODDBALL THREE QUARTERS OF A PENNY IN HERE THAT I THINK STAYS WITH YOU.

YET IT IS THE FUNDING FOR ARTS AND STORY, AND WE JUST SEND YOU REQUESTS TO WRITE CHECKS ON THIS.

IT'S JUST AN ODD LITTLE TENDRIL ON THIS.

SO THE WAY IS PROPOSED, FROM WHAT BRYSON HAD MENTIONED, OUTLINED TO US.

NOW, WHAT IS IN THIS MEMORANDUM IN YOUR MIND THAT NEEDS TO BE DONE WITH ALL THE MARBLES NEED TO BE HELD BY THE CITY. SO OUR BOARD WAS FIRST TO THE PARK BOARD IN ACCORDANCE WITH THE APPROVED BUDGET.

IT'S OPEN THAT UP FOR DISCUSSION.

CAN YOU EXPAND ON THAT ON SO.

CURRENTLY, THAT'S NOT HOW IT'S DONE.

I CALL IT THE MONEY AND THEY KEEP IT, AND SO WHAT YOU'RE SAYING IS, IS THAT 9/10 CORRECT? IT NEEDS TO BE PUT IN A CITY ACCOUNT AND THEN TURNED OVER TO THE PARK BOARD BASED ON DISPERSED.

HOWEVER, MIKE WANTS TO SET IT UP, BUT I THINK AS A FUNCTION OF STATE LAW IN THE CHARTER, THOSE FUNDS HAVE TO BE IN THE CITY DEPOSITORY.

YOU'RE SAYING THAT'S NOT CURRENTLY HOW IT'S DONE, Y'ALL.

SO IN MY UNDERSTANDING AND I'M GOING TO TALK A LITTLE BIT ABOUT THE TIME WHEN I WASN'T HERE, SO FORGIVE ME IF I SAY SOMETHING INCORRECT WHEN IT WAS TURNED OVER IN 2015 TO THE PARK BOARD TO DO THE COLLECTIONS.

IT IS MY UNDERSTANDING THAT THERE WAS A REASON FOR THAT.

WE HAVE A REALLY STRONG VESTED INTEREST IN COLLECTING THAT AND MAKING SURE THAT IT'S DONE PROPERLY, AND THEN THE OTHER THING TOO, IS WHEN WE SET IT UP, WE DID SET IT UP IN ACCORDANCE WITH A LOT OF THE WAY THAT IT'S WRITTEN NOW.

IT'S MY UNDERSTANDING THAT AUTHORITY TO COLLECT IT AND PUT IT IN A SEPARATE ACCOUNT CAN'T BE DELEGATED, BUT I'M NOT AN ATTORNEY, SO I'M SAYING WHAT? I GUESS WHAT I'M SAYING TO ANSWER YOUR QUESTION IS I THINK THAT THE WAY THAT WE'RE DOING IT RIGHT NOW DOES COMPORT WITH THE LAW, BUT I CAN.

I THINK IT'S FINE TO HAVE THEM COLLECTED.

NOBODY HAS A QUESTION.

IT'S JUST WHEN THEY COLLECT IT, THEY NEED TO SEND IT TO US BECAUSE IT'S SHORTER AND STAY QUIET.

HAS THAT EVER BEEN DONE? YES.

BEFORE 2014.

FOR 2014 PREVIOUS IT WAS 2014.

OKAY, AND THAT'S CORRECT.

BACK THEN, HOW WAS THAT DISPERSED? I DON'T KNOW. I BELIEVE THE SAME WITH THE TWO SENSES TODAY.

IT'S SIMPLY A TRANSFER BETWEEN FUNDS BECAUSE TODAY, AT TIME OF COLLECTION, I MEAN, SO I DID GO BACK AND LOOK AT A COUPLE OF DISBURSEMENTS FOR BANK,

[01:10:07]

AND THEY WERE MONTHS AFTER THE FACT.

SO YOU HAD A TAXABLE ACTIVITY IN THIS MONTH.

THERE'D BE A LOT OF BACK AND FORTH BETWEEN MR. LOFTON AND MY PREDECESSOR, MR. LEDGER, ASKING FOR THE FUNDS, AND SOMETIMES IT'D BE TWO, THREE, FOUR MONTHS AFTER THE TAXABLE ACTIVITY OCCURRED TO ME, WOULD GET THOSE RUNNING INTO SOME CASH FLOW ISSUES WITH THIS. I WANT TO MAKE IT CLEAR TO THAT THE DISCUSSION OF THIS DOES NOT MEAN THE PARK BOARD IS DOING NOT DOING THEIR JOB. THEY'RE DOING A WONDERFUL JOB IN COLLECTING THIS MONEY AND ALLOCATING THE MONEY AND KEEPING TRACK OF THIS MONEY.

SO THEY THEY FROM THE STANDPOINT OF HAVING SAFEGUARDING THIS MONEY AND HAVING A FIDUCIARY RESPONSIBILITY TO THIS COMMUNITY, THEY'RE DOING AN OUTSTANDING JOB WITH THAT.

THIS IS NOW BROUGHT UP, AS DON WAS BRINGING UP TO US, THAT YOU'RE SAYING THAT IS ILLEGAL TO DO THAT.

I'M SAYING WE ARE NOT IN COMPLIANCE WITH THE PROCEDURAL REQUIREMENTS OF THE TAX CODE OR CHARTER.

CORRECT. CAN WE ACCORDING TO THIS TAX CODE, CAN WE SUBJUGATE THATTHAT APPROVED THAT PROCESS TO THE PARK BOARD? IS THAT THEY'RE DOING. I DON'T UNDERSTAND.

ACCORDING TO THAT TAX CODE, CAN WE HAVE A CONTRACTUAL AGREEMENT THAT ALLOWS THEM TO CONTINUE TO DO WHAT THEY'RE DOING NOW? NO, I BELIEVE THE CHARTER REQUIRES THAT CITY FUNDS BE PUT IN THE CITY DEPOSITORY IN SUCH AN AGREEMENT WOULD BE IN VIOLATION OF THE CHARTER.

ANY FURTHER DISCUSSION ON THIS? YES. SO ONCE IT'S IN THERE, DOES IT JUST REVOLVE RIGHT BACK OUT AND THEY GET THEIR PENNIES BACK JUST LIKE ANY OTHER CONTRACT? THEY DO THE WORK WE PAY THEM FOR.

I MEAN, THAT'S A PROCEDURAL MATTER THAT WE CAN SET UP, BUT IT DOESN'T SAY THAT IT HAS TO BE DOLED OUT.

IT JUST SAYS THAT IT HAD TO BE DEPOSITED THERE AND THEN IT DOESN'T THE STATE LAW SAY THAT THE PARK BOARD GETS SO MANY PENNIES.

NO, I DON'T THINK IT DOES.

NO. PROVE IT. PROVE IT.

PROOF THAT. WHERE DOES IT SAY THAT? IT DOESN'T SHOW ME WHERE THE PARK WAS MENTIONED IN THE TAX CODE.

IT ISN'T. WE'RE THE TAXING AUTHORITIES.

WE CONTRACT WITH THEM.

THAT'S THE IDEA TO EXECUTE THESE THESE FUNCTIONS FOR US.

SO THERE'S NOT A PENNY THAT GOES TO.

THERE'S NOT A PENNY THAT GOES TO CLEANING THE BEACHES.

IT IS, BUT WE COULD CLEAN THE BEACH.

WE COULD CLEAN THE BEACH.

WE COULD TAKE ON THE PARK, THE BEACH PATROL.

WE COULD WE COULD DO ALL THAT, AND THAT'S WHAT THE CITY WANTS TO DO.

OH, GOOD LORD. NO, NO, NO.

I'M NOT SAYING I'M NOT SAYING THAT AT ALL.

THEY'RE DOING A FINE JOB OF IT.

I DON'T WANT IT.

I'M JUST SAYING THAT'S THAT COMES THAT IS SOMETHING WE HAVE.

WE'VE DELEGATED TO THEM AND WE PAY WE PUT THAT MONEY OUT THERE FOR THAT PURPOSE.

IT JUST, JUST TO STAY ON TOPIC HERE ON THIS POINT OUT OF HERE THE.

SO SO THAT MONEY COULD BE DEPOSITED IN THE SENATE DEPOSITORY.

WE COULD HAVE WHATEVER POLICY OR PROCEDURE WE ELECT TO DO TO DISPERSE THAT MONEY.

I MEAN, WE COULD WE COULD SAY WITHIN 15 DAYS OF THE MONEY GOING INTO THE DEPOSITORY, IT GETS TRANSFERRED TO THE PARK BOARD.

I'M NOT SAYING WE WOULD DO THAT, BUT BUT YOU COULD YOU COULD DO WHATEVER YOU WANT AT THAT POINT, AS LONG AS IT GOES INTO THE DEPOSITORY.

I THINK I THINK IN ACCORDANCE TO THE BUDGET THAT YOU APPROVE.

YEAH. UP TO THAT AMOUNT.

SURE. WHAT DO WE NEED TO.

IF COUNCIL WANTED TO MOVE IN THAT DIRECTION, WHAT DO WE NEED TO DO WITH DOCUMENT NEEDS TO FORMALIZE THIS? SHALL IT BE IN THE CONTRACT WITH CONTRACT? WHAT WOULD BE AN ORDINANCE? IT WOULDN'T BE AN ORDINANCE TO WE WOULD PUT IN THE ORDINANCE THAT THEY'D DELIVER THE MONEY INTO THE CITY DEPOSITORY AND THEN WE WOULD WRITE A CONTRACT REGARDING DISBURSEMENTS. I WOULD BE WORKING WITH MIKE ON THAT.

LET ME ASK THIS QUESTION, IF I MAY.

THE. EXCUSE ME, DAVID, BEFORE WE LEAVE THAT SUBJECT IN THE SAME CONTRACT THAT WE'RE WORKING WITH THEM ON THE APPROVAL PROCESS, OR IS IT IN A SEPARATE CONTRACT, SAME ONE CONTRACT.

OKAY. WELL, MY QUESTION IS THE FOR THE FOUR AND A QUARTER THAT YOU SEND TO THE CITY, TO THE CITY DEPOSITORY, IT COMES INTO YOUR ACCOUNT AND YOU'VE GOT SOME YOU DON'T LOG ON EVERY NIGHT AND DO THAT OR SOMETHING, DO YOU? I MEAN, THAT'S SOME AUTOMATED TWICE A MONTH.

WE DO A DISTRIBUTION TO THE CITY, DISTRIBUTION TO THE CITY, AND SO WHAT YOU DISTRIBUTE TODAY AND WHAT YOU WOULD DISTRIBUTE TOMORROW UNDER THIS ORDINANCE OR CONTRACT, IT'S JUST THE DIFFERENCE IN THE MOUTH.

IT'S NOT THE DIFFERENT PROCESS, BUT THE PROCESS WOULD ADD AN ADDITIONAL LAYER, RIGHT? SO WE WOULD COLLECT IT, RIGHT? AND THEN WE WOULD DEPOSIT IT, AND THE PORTION THAT'S ALLOCATED TO US WOULD JUST BE SENT RIGHT BACK AS OPPOSED TO WHAT WE'RE DOING RIGHT NOW, WHICH FROM AN EFFICIENCY STANDPOINT I THINK IS MORE EFFICIENT. WE COLLECT IT, KEEP IT IN A SEPARATE ACCOUNT, DISPERSE WHAT IT GOES TO THE CITY, THEN RETAINS THE PORTION THAT'S ALLOCATED YOU, AND DON, I HAVE A

[01:15:06]

QUESTION FOR YOU. ARE THERE THREE ENTITIES IN THE CITY CHARTER THAT ARE ALLOCATED TO THE PARK BOARD? THERE ARE THREE PENNIES THAT ARE ALLOCATED IN THE CHARTER FOR THE USE OF A VISITOR'S INFORMATION CENTER.

IT'S MY UNDERSTANDING THAT IT IS THE PORT BOARD THAT RUNS THE VISITOR INFORMATION CENTER.

SO THOSE AUTOMATICALLY GO BACK TO THE PARK BOARD.

IT'S NOT AUTOMATIC, BUT BY CHARTER IT GOES BACK AND FORTH.

SO THERE'S NO CAVEAT ON THERE THAT THEY HAVE TO HAVE X AMOUNT IN THEIR BUDGET TO DO ALL THIS STUFF.

THOSE THREE PENNIES GO BACK.

IN THEORY, NO, BUT, YOU KNOW, THERE'S ANOTHER POINT ON THIS THAT I WANT TO MAKE.

CURRENTLY, THE PARK BOARD RETAINS 120 DAYS OPERATING CAPITAL.

AM I RIGHT ABOUT THAT? LIKE A 120 DAY RESERVE? THAT'S WHAT WE WERE REQUIRED TO.

YEAH, WE DO 90, BUT WE DO 120 OF THOSE STATUTORILY REQUIRED OF THE PARK BOARD BY ITS BYLAWS REQUIRES 120.

THAT'S SOMETHING WE OUGHT TO KEEP.

YOU DON'T WANT YOU DON'T WANT A CASH FLOW ISSUE.

YOU WANT TO BE SURE THAT THEY ARE RETAINING.

THAT WAS MY QUESTION TO DON YESTERDAY.

MY CONCERN ON THIS, I KEEP REASONABLE RESERVES.

WELL, I JUST WANT TO I WANT TO AT ONE POINT I WAS UNDERSTANDING THAT THEY HAD TO TRANSFER ALL THE MONEY OVER HERE AND THEN WE HAD TO TRANSFER IT BACK AND THEIR RESERVE FUNDS WOULD MOVE LIKE THAT.

THE RESERVES NEED TO STAY OVER AT THE PARK FOR 20, 20, 20, 20, 120 DAYS OPERATING SO THAT MONEY DOESN'T MOVE. NOW, IS THAT IN VIOLATION? ORIGINALLY IT DOES.

I MEAN, YOU KNOW, ALL I MEAN, WHAT I'M HEARING, ALL THAT ALL THE TAX COLLECTED HAS TO GO TO A CITY DEPOSITORY AND THEN IT GETS TO DISPERSED.

CORRECT, BUT I DON'T I DON'T THINK THERE'S ANYTHING THAT IS SAYING THAT WE'RE KEEPING MONEY OVER HERE.

I MEAN, WE COULD LITERALLY PUT THE MONEY IN THE COUNT AND TAKE ALL THE MONEY OUT.

NO MONEY WOULD STAY IN THERE ON ONE SIDE OF THE COIN, THE OTHER SIDE WE WOULD HOLD BACK STUFF AND DISPERSE IT AS THE BUDGET ALLOWS FOR. YOU COULD DO IT IN ANY MANNER YOU WANT IT.

JUST SEND THE DEPOSITS. JUST GO IN AND OUT.

THAT'S WHAT THAT'S WHAT THE LAW SAYS.

YEAH, WELL, JUST LIKE ANYTHING ELSE IN THE CITY BUDGET, YOU KNOW, LET'S SAY THE RESERVES IS NOT FUNDED COMPLETELY OVER AT THE PARK BOARD.

IT IS, BUT LET'S SAY IT'S NOT, AND SO FOR THE COLLECTION OF THOSE MONIES THAT YEAR, WE WOULD WE WOULD GIVE THEM IN THE BUDGET.

THEY STILL HAVEN'T GOT THEIR RESERVES COMPLETELY FUNDED, BUT THEY HAVE EXCESS MONEY OVER THERE.

CAN THEY RETAIN MONEY OVER THERE TO MOVE THEIR RESERVES TO 120 DAYS AND MOVE ALL THE REST OF THE MONEY? WHEN IT WHEN IT'S FUNDED TO THEM.

IF THEY HAVE ACCESS TO MONEY AT THE END OF THE YEAR, DOES THAT HAVE TO COME BACK TO THE CITY? IT'S A BIT FUZZY.

CAN I ASK THAT QUESTION A DIFFERENT WAY, PLEASE? IS YOUR CURRENT 120 DAY OPERATING RESERVE IS ABOUT SEVEN AND A HALF MILLION DOLLARS, SOMETHING LIKE THAT.

SO WE COULD START BY IN THE CONTRACT.

YOU KNOW, YOU SET THAT AMOUNT, GIVE THEM $8 MILLION.

THEN WE TALK ABOUT BUDGET.

I MEAN, BECAUSE YOU DON'T WANT TO AGAIN, YOU DON'T WANT TO SHORT OPERATIONS.

WELL, THIS COMES UP WHEN AT THE END OF THE YEAR, THE PARK BOARD HAS HAS EXCESS FUNDS FOR WHATEVER REASON.

DOES THAT HAVE TO COME BACK TO THE CITY? ACTUALLY, THE PARK BOARD NEVER HAS THE EXCESS FUNDS.

THE CITY IS THE COLLECTION AGENT.

THE CITY WOULD HAVE EXCESS FUNDS THAT THEY DELEGATE TO THE PARK BOARD.

WELL, THAT'S A MATTER OF TERMS, BUT THE MATTER OF THE PRACTICAL SPEECH.

WELL, IT DOES.

AT THE END OF THE IF THEIR BUDGET IS $20 MILLION AND WE GIVE THEM THE PENNY IS FLOWING IN THERE QUITE A HIGH RATE AND WE GIVE THEM 22 MILLION.

YOU WOULDN'T YOU WOULD GIVE THEM WHAT THEY BUDGET.

WELL, IF THE BUDGET DOESN'T IF THEY DON'T MEET THEIR BUDGET AND SAY FOR SOME REASON THEY HAVE EXCESS FUNDS LIKE THE CITY DOES, WELL, THEY WOULD NEVER GET THEM BECAUSE WE'RE GIVING THEM ACCORDING TO THEIR BUDGET COLLECTIONS COME IN HIGHER THAN THEIR BUDGET.

THE MONEY WOULD BE LEFT OVER IN THE HOT TAX ACCOUNT OF THE CITY.

IT'S ALL HOW YOU SET UP THE POLICY, THOUGH.

I MEAN, YOU COULD GIVE IT ALL TO THEM, RIGHT? IF YOU WANT TO DO THAT'S TOTALLY THAT'S POLICY DECISION THAT YOU GUYS MAKE, BUT UNDER THE.

IF YOU WANT THEM TO CARRY 400 DAYS RESERVES, THEN THAT'S FINE.

THAT'S A POLICY DECISION.

SO MY QUESTION IS ON THE RESERVES.

THE RESERVES ONLY COME FROM RESTRICTED FUNDS.

[01:20:01]

THEY DON'T COME FROM UNRESTRICTED FUNDS THAT THEY HAVE.

WE HAVE UNDERSTAFFED FUNDS AS WELL.

THAT'S A FINE QUESTION.

WELL, IT IS.

IT'S PROBABLY A MIXTURE.

SO I CAN ONLY ANSWER BY EXAMPLE, AND I'M RESTRICTING MY COMMENTS TO WHAT PART OF THE HEART WE SEND THEM. IT'S FOR THE BEACH PATROL.

I WOULD THINK WE WOULD WANT TO INCLUDE A RESERVE FUND TO RUN THE BEACH PATROL.

30 DAYS, 90 DAYS, 100, 100 MILLION DAYS.

YOU KNOW, THAT IS NOT, BUT YEAH, THEY SHOULD HAVE A RESERVE FUND.

SHOULD THEY HAVE AN UNFETTERED AMOUNT OF MONEY THAT JUST GATHERS? I DON'T THINK THAT'S FISCAL POLICY THAT YOU WANT TO PURSUE, BUT THAT'S UP TO YOU.

WE'RE TALKING ABOUT EXCESS MONEY.

I DON'T KNOW IF THAT'S AN ON TOPIC, BUT WHAT WHAT WOULD THE CITY DO WITH THAT IF THERE WAS EXCESS MONEY? YOU COULD SPEND THEM, BUT ONLY IN ACCORDANCE WITH THE PROVISIONS OF THE TAX PROVISIONS.

IT'S RESTRICTED.

WHAT RESTRICT? I CAN GIVE AN EXAMPLE.

SO CURRENTLY MOST OF THE BEACH FUNDS ARE USED ONLY ON THE BEACH IN FRONT OF THE SEAWALL.

EVEN THOUGH THE BEACH IS ON THE WEST END OF THE ISLAND ARE IN DIRE NEED WHERE WE'RE LOSING INFRASTRUCTURE HOMES, PEOPLE'S LIVES ARE IN JEOPARDY , BUT YET ALL THE BEACH FUNDS ARE USED IN FRONT OF THE SEAWALL SO THEY COULD BE USED, AND IN SOME WAYS, THE CITY IS ALMOST COMPETING WITH THE PARK BOARD WHEN IT COMES TO BEACHES.

SO THEY COULD BE USED FOR PROJECTS THAT WE'RE WORKING ON WITH THE CORPS AND WITH THE GLO AS MATCHING FUNDS FOR BEACH PROJECTS. SO LET'S TAKE THAT EXAMPLE, FOR INSTANCE.

SO THE CITY WOULD THEN PULL THAT MONEY OUT OF THE DEPOSITORY IN THAT ACCOUNT, AND HOW WOULD THAT PROJECT BE FUNDED? SO SAY THE CITY WANTED TO GO AND PUT SAND ON THE WEST END OF THE ISLAND, SO THERE'S FUNDS THERE GO ME SOME FUNDS.

SOME OF THAT DOESN'T MATCH.

HOW WOULD THE CITY, THE CITY FACILITATE THAT ISSUE? A CONTRACT WE WOULD TAKE ON THAT ROLE.

WE SHOULD CONTRACT, GO OUT FOR BID.

SURE. PULL THOSE FUNDS OUT OF THERE, AND ACTUALLY, THE WAY IT WORKS IS WHEN YOU'RE WORKING WITH THE GENERAL LAND OFFICE, BECAUSE THEY'RE PROVIDING THE MAJORITY OF THE FUNDS, THEY USUALLY HANDLE THE CONTRACT PROCESS, BUT WE PROVIDE WE CAN GET MATCHING FUNDS.

SO IT'S NOT WE WOULD JUST LEAD THAT PROJECT.

WE COULD IF TO SAY THERE WAS A NON GLO BEACH PROJECT, WE WOULD JUST RECORD THAT WE'RE IN COUNCIL HAS HAS THE APPROVAL OVER THOSE FUNDS THAT COME IN, AND SO IF THE BUDGET FOR THE PARK BOARD WAS 20 MILLION, SAY COMING UP, THEN THEY WOULD BE ALLOCATED $20 DOLLARS FOR THESE FUNDS NO MATTER HOW MUCH THE PENNIES BRING IN FOR THAT YEAR.

SO SAY WE WOULD HAVE A NO BRIDGE, THEN THAT EXTRA MONEY WOULD STAY, THEN THIS PROCESS WOULD STAY WITH THE CITY.

YES, THE PARK BOARD NEXT YEAR HAS A IN THEIR UPCOMING YEAR'S BUDGET OR IN THEIR CIP OR WHATEVER.

THEY HAVE A PROJECT THAT'S GOING TO REQUIRE $8 MILLION TO.

THEY WOULD PUT THAT IN THEIR BUDGET AND THIS MONEY COULD MOVE THIS EXCESS MONEY THEN TO THE PARK BOARD FOR THOSE EXTRA PROJECTS IF IT WASN'T ACCEPTABLE.

YEAH, NO, I UNDERSTAND.

GO AHEAD, AND WHY WHY WOULD WE DO THAT? WHY WOULD WE TAKE ON THAT RESPONSIBILITY? WHICH RESPONSIBILITY? IF WE WANT IT TO GO ON THE BEACH? WHY? WHY WOULDN'T WE DIRECT OUR PARK BOARD, SINCE THAT'S WHAT THEY HAVE DONE IN THE PAST TO DO THAT PROJECT? BECAUSE THEY DON'T THEY DON'T COVER.

THEY DON'T. THEY'RE IN THEORY.

YOU CAN IN THEORY YOU COULD YOU COULD SET THAT POLICY, THE BUDGET PROCESS.

YOU APPROVE THE BUDGET. YOU CAN SAY, NO, WE WANT $8 MILLION GOING TO WEST END BEACHES.

YEAH, YOU COULD DO THAT.

YOU COULD SET THAT IN YOUR BUDGET.

SURE, AND WE COULD WE COULD HAVE THEM.

THEY CERTAINLY HAVE THE STAFF TO MANAGE IT BETTER THAN WE COULD JUST JUST JUST ASK, BUT IT JUST HASN'T PREVIOUSLY HAPPENED.

SO IN ESSENCE, IF YOU LOOK OVER THE PAST COUPLE OF YEARS SINCE YOU LOOK AT THE WORK THEY DO AT DELTA, THE CITY HAS PAID MILLIONS OF DOLLARS AND TWO OF THOSE STORMS WEREN'T DECLARED.

[01:25:03]

INFRASTRUCTURE. ALL OUR MONEY GOES TO THE WEST END.

I SWEAR. NO, NO.

BUT IF WE HAD BEACHES IN PLACE.

SO, I MEAN, THAT IS SOMETHING THAT SHOULD BE LOOKED AT, BECAUSE THAT IS THE ONE AREA OF CONCERN WHERE IT IS KIND OF LIKE THE CITY IS COMPETING WITH THE PARK FOR WHEN IT COMES TO BEACH RUNS.

LET'S GET BACK TO THE PROCESS NOW ON THE WHICH WE'RE DISCUSSING HERE, ITEM C, THE COLLECTION EXPENDITURE, JOHN.

YOU'RE SAYING THAT ACCORDING TO.

THE TAX CODE, INSURANCE AND CHARTER.

WE ARE IN VIOLATION OF THE WAY WE'VE BEEN DOING IT.

THE TAX CODE, IT'S THE LOCAL GOVERNMENT CODE AND THE CHARTER, WHICH REQUIRES CITY FUNDS TO BE DEPOSITED IN THE CITY DEPOSIT, AND YOU WOULD PUT THIS TOGETHER ANY HOW THIS WOULD GIVE APPROVAL TO MOVE FORWARD WITH DEVELOPING A CONTRACTUAL AGREEMENT WITH THE PARK BOARD ON HOW THIS WOULD BE MANAGED.

YOU WOULD BRING IT IN OCTOBER 27TH AS AN ORDINANCE TO COUNCIL AND THEN YOU WOULD.

YES, AND THEN YOU WOULD CONTRACTUALLY WORK ON THE LANGUAGE FOR THIS THAT WOULD BE BROUGHT TO COUNCIL ON AT A SUBSEQUENT DATE.

THE CONTRACT GOES TO SUBSEQUENT DISTRIBUTIONS AND PROJECTS.

THAT WOULDN'T HAPPEN BY THE 27TH.

NO, NO, THAT WON'T BE ON THE 27TH, BUT IF IT'S ALREADY IN THAT CHARTER AND IT'S ALREADY AN ORDINANCE, SO STAY LONG AND IT'S IN THE CHARTER, BUT WE DON'T HAVE AN ORDINANCE THAT CORRESPONDS WITH THAT.

THAT'S CORRECT. IT'S SOMETHING THAT.

ANY FURTHER DISCUSSION ON THIS ITEM.

ALL RIGHT. LET'S MOVE DOWN TO THE SEVEN AID, PLEASE, JANELLE.

[7.A.b. Discussion related to the approval of the Park Board’s Capital Improvement Plan on an annual basis by City Council. (Collins/Brown)]

SEVEN. BE ESPECIALLY LATE.

THANK YOU, AND THE CAPITAL IMPROVEMENT PLAN WENT ON.

ALL RIGHT. VERY GOOD. THIS IS MOVING OUT OF MORE OF SOME OF THE TOPICS WE'VE DISCUSSED.

THIS IS SOMETHING THAT IS VERY PRACTICALLY IMPORTANT TO THE PARK BOARD, AND I'M GOING TO BE THE FIRST TO ADMIT THAT THIS HAS BEEN.

THIS HAS BEEN CONFUSING FROM DAY ONE, AND IT'S BEEN CONFUSING THAT THE CITY HAS NEVER, EVER STEPPED UP AND ESTABLISHED CRITERIA ON HOW THIS SHOULD BE HANDLED.

COULD WE READ THIS ITEM HAS BEEN READ.

THE ITEM HAS NOT BEEN READ.

DISCUSS DISCUSSION RELATED TO THE APPROVAL OF PARK BOARD'S CAPITAL IMPROVEMENT PLAN SO THAT EVERYBODY UNDERSTANDS EXACTLY WHAT WE'RE TALKING ABOUT.

WELL, JANELLE, JUST READ IT.

I'LL READ IT. DISCUSSION RELATED TO THE PARK BOARD SEVEN A ITEM DISCUSSION RELATED TO THE.

THE APPROVAL OF THE PARK BOARD'S CAPITAL IMPROVEMENT PLAN ON AN ANNUAL BASIS BY CITY COUNCIL.

THIS THIS WAS READ BY THE SECOND GO BY.

ALL RIGHT. FROM THIS THIS PARTICULAR PARTICULAR TOPIC HAS BEEN CONFUSING.

DAY ONE WOULD BE, IN MY OPINION, AND I THINK IT'S BECAUSE THE CITY HAS TO GIVE CLEAR DIRECTION ON WHAT WE WANT TO HAVE FROM THE PARK BOARD WHEN THEY BRING THESE PROJECTS FORWARD TO US AND GET APPROVAL.

THEY HAVE THESE OUTLINED IN THEIR CAPITAL IMPROVEMENT PLAN THAT THEY BRING WHEN THE BUDGET COMES OVER.

WE NEED TO GIVE DIRECTION AS A COUNCIL WHAT WE WANT THE PARK BOARD, WHAT CRITERIA NEEDS TO BE MET FOR THESE PROJECTS TO RECEIVE APPROVAL BY COUNCIL. AND BEFORE WE START THAT, EITHER BRIAN OR DAN, IF YOU COULD WALK US THROUGH HOW CITY PROJECTS ARE APPROVED, WHAT ARE THE WHAT ARE THE APPROVAL PROCESS? I THINK IT'S THREE POINTS.

THERE'S THREE POINTS. WE WE WE APPROVE THE DESIGN, WE APPROVE THE WE APPROVE THE BID, AND THEN WE APPROVE THE FINAL CONTRACT WITH THE SUCCESSFUL VENDOR.

RIGHT. OKAY.

LET'S OPEN THIS DISCUSSION UP THEN.

CAN YOU EXPLAIN WHY? WHY? THOSE ARE THE THREE MILESTONES THAT COME TO US FOR APPROVAL.

WE APPROVED THE PROJECT TO BE DONE AT FIRST AS THE FUNDING MECHANISM FOR IT, PRIMARILY THE FUNDING FOR THE DESIGN AND EVERYTHING, BUT WE BRING IT BACK TO YOU.

THE FIRST CONCEPTUALLY YOU GET TO THAT HOW?

[01:30:04]

I MEAN, BECAUSE THAT FIRST APPROVAL IS CONCEPTUAL.

IT'S A VARIOUS MIX OF COUNCIL PRIORITIES STAFF NEEDS.

IF I'M BUILDING PUBLIC WORKS FACILITY, I DOUBT SOMEBODY AT COUNCIL MAY GO OVER THERE AND SAY, MAN, THIS PLACE NEEDS TO BE WE NEED TO FIX THIS UP.

OR IT MAY BE, HEY GUYS, I DON'T HAVE ROOM FOR ALL MY TRUCKS OR WHATEVER ELSE.

WE BRING THAT TO YOU AS A PROJECT.

SO. SO IF I MAY, JUST SO SO STAFF MAY BRING THAT TO YOU AND SAY, WE NEED THIS AND YOU BRING IT TO THE COUNCIL BECAUSE THERE'S, THERE'S LIKE PERFECT ANALOG FOR SOMETHING LIKE THIS IS FOR PAVING SOMETHING AND SIEBEL PARK OR IF WE'RE WE'RE IMPROVING THE FACILITIES AT DILLON OR SOMETHING LIKE THAT WOULD FALL UNDER THIS. SO BUT THAT'S GOING TO BE PART BOARD PARKS AND BENEFITS BRINGS THAT UP THROUGH STAFF OVER THERE, AND THE TRUSTEES PRESUMABLY COME AWARE OF IT, BUT AT SOME POINT THEY NEED TO COME TO US AND SAY WE NEED TO WE NEED TO TALK ABOUT 135,000 TO DO THIS.

I THINK THAT PROCESS IS WHAT YOU GUYS ARE GOING TO DISCUSS.

CRAIG WHAT I'M SAYING, IF WE DID IT THE WAY THE CITY DOES IT, THAT'S WHAT WOULD HAPPEN.

THAT'S CORRECT. YOU KNOW, THE REASON WE BRING BACK TO YOU GUYS AFTER YOU GUYS SAID, YEAH, LET'S LET'S FIGURE OUT WHAT WE NEED TO DO AT PUBLIC WORKS, I BRING YOU BACK THE FINAL PROJECT TO GO FORBID THAT STEP IS MAINLY SO WE DON'T SPEND ALL THE MONEY GOING OUT FOR BID AND DOING ALL THOSE THINGS.

IF COUNCIL HAS APPETITE IS CHANGED BECAUSE SOMETIMES FROM CONCEPT TO THAT POINT IT CHANGES.

WELL, TIME ELAPSES, SOMETIMES A LOT OF TIME ELAPSES.

SOME OF THE PROJECTS, EVEN THAT BRYSON AND I HAVE TALKED ABOUT IS HOW MANY YEARS.

I MEAN IT GOES ON. BRYSON EVEN BEEN HERE THAT LONG AND IT'S, IT TAKES TIME TO DO THESE PROJECTS.

SO THAT GIVES COUNCIL ANOTHER CHANCE TO DETERMINE IF THIS IS WHAT WE WANT TO MOVE FORWARD AND THEN WE BRING YOU BACK THE BIDS AND OF COURSE BY CHARTER AND EVERYTHING ELSE, YOU GUYS HAVE TO, UNLESS IT'S UNDER 50,000, WHICH WE DON'T DO MANY BIG PROJECTS UNDER 15,000, YOU GUYS HAVE TO APPROVE A THIRD TIME.

SO SO THE GENERAL PUBLIC GETS INPUT AND COUNCIL GETS INPUT THREE TIMES.

SO JUST SO I'M CLEAR ON WHAT WE'RE ACTUALLY DISCUSSING HERE WITH A CAPITAL IMPROVEMENT PLAN AND THE PROCESS, OR ARE WE TALKING ABOUT A CAPITAL IMPROVEMENT PLAN A YEAR ANNUAL CAPITAL IMPROVEMENTS PLAN? ARE WE TALKING ABOUT THE PROCESS ONCE A SIPP IS APPROVED, THE PROCESS UP TO CONSTRUCTION? IT'S A LITTLE OF BOTH IN MY MIND AND WHAT I MEAN BY THAT.

IT'D BE GOOD IF THAT WAS KIND OF CLARIFIED ON THAT.

ALSO, I JUST WANT TO SAY, IF YOU FOLLOW THROUGH WITH THE ITEMS THAT DON HAS ALREADY DISCUSSED WITH YOU GUYS, I THINK PART OF THE REASON WE KEEP HAVING CONFUSION WITH THE CIP IS BECAUSE THE STEPS THAT WERE MISSING WERE IN THOSE THAT WE WERE MISSING IN THOSE PREVIOUS STEPS.

I THINK YOU GUYS ARE GOING TO HAVE A LOT MORE INPUT INTO THEIR BUDGET AND PROJECTS AND THINGS AS IT BECOMES A MORE ORGANIC PROCESS.

WELL, THAT WILL HELP EXACTLY, BUT THE PARK BOARD NEEDS TO KNOW RIGHT NOW WHAT HAD HAPPENED IN THE PAST, JOHN.

THEY WOULD HAVE BROUGHT A PROJECT AND I'M GOING TO USE THIS STUART BEACH PAVILION.

THEY BROUGHT IT TO THE COUNCIL IN THE PRELIMINARY PHASES OF HAVING A NEW PAVILION OUT OF STUART BEACH, AND THAT WAS APPROVED BY COUNCIL.

WE DIDN'T VOTE. I DON'T THINK WE MAY HAVE, BUT IT WAS BASICALLY.

YES, GO RIGHT AHEAD TO DO THAT, AND THEN WHAT HAPPENED IS THEY DID ALL THAT, WENT OUT AND GOT ALL THE DETAILS AND THEY GOT RENDERINGS AND HAD ALL THEIR STUDIES DONE AND SPENT MONEY, BROUGHT IT BACK TO COUNCIL, AND COUNCIL SAID WE DON'T WE DON'T WANT TO DO THIS, AND SO WHAT WE NEED TO DO IS ESTABLISH A PROCESS SO THAT THE PARK BOARD KNOWS CLEARLY WHAT CRITERIA THEY HAVE TO MEET TO MOVE THESE PROJECTS FORWARD, AND GET MAKE SURE THAT THEY'RE MOVING IN THE DIRECTION THE COUNCIL WANTS TO MOVE.

SO THE CIP IS PART OF THE BUDGET.

SO IF WE APPROVE THE BUDGET, THEN WE'RE APPROVING THE CIP LIST.

YES, BUT THE QUESTION IS, IS THE CIP.

IF THEY SAY WE WANT A NEW PAVILION IN STUART BEACH PARK AND THEY PUT IT IN THEIR CIP FOR THAT AND THEY WANT TO GO OUT FOR A DESIGN OR ENGINEERING, THAT'S THE FIRST PHASE THAT WE SAY GO AHEAD AND DO THAT, AND WHEN DO THEY NEED TO COME BACK? DO THEY HAVE TO COME BACK AT ALL OR DO THEY COME BACK WITH THE SECOND AND THIRD STEP LIKE THEY DO WITH THE CITY? AND THAT'S WHAT WE NEED TO BE CLEAR WITH THE PARK BOARD ON.

CURRENTLY WE APPROVE A SIP WITH THE PARK BOARD.

YES, I REMEMBER THAT.

I DON'T THINK SO. IT WAS ON A CONSENT AGENDA.

IT WAS LAST YEAR.

WE DID A BEACH DRAINAGE PROJECT.

WE SAID WE SEE PROJECTS, BUT THAT'S WHAT WE'RE TALKING ABOUT, BUT WE DON'T SEE AN ANNUAL SIP.

RIGHT. NO, I KNOW.

[01:35:02]

I THINK WE DO. I THINK PRICE BROUGHT US THE FIVE YEAR SIP IN THE PAST, YOU KNOW, AND THE ONE YEAR AS WELL, AND BY THE WAY, BUT THE FIVE YEAR, BUT WE SEE THAT.

YEAH, IT'S A ROLLING.

IT'S ROLLING JUST LIKE OURS IS.

YEAH, BUT IT COMES BACK TO ANNUALLY WITH UPDATES.

I THINK YOU'RE RIGHT, AND THIS IS ABOUT THE ONE YEAR AND THE INDIVIDUAL PROJECTS IN IT.

RIGHT. YEAH. YOU CAN CALL IT AN IP OR NOT, BUT I MEAN IT'S INDIVIDUAL PROJECT CAPITAL PROJECTS ON OUR PROPERTY AND SO WE, WE LOOK OVER THAT APPROVED EACH YEAR AND NOW WE'RE TALKING ABOUT YOU'RE SAYING, NO, I THINK WE I THINK THAT WENT THROUGH A CONSENT AGENDA LAST YEAR.

WE WENT THROUGH A CONSENT KIND OF IN ERROR.

I DON'T THINK THAT WAS WHAT WE ANTICIPATED THE PROCESS WOULD BE, AND AS BRIAN MENTIONED, IF THEY COME BACK AND WE HAVE TO APPROVE BUDGET AND THINGS LIKE THAT ON THE OCTOBER 27TH AGENDA FOR COUNCIL, THIS IS THE PART BOARD KEEP COMING FORWARD AND THEIR ONE YEAR SIP WILL OUTLINE THE PROJECTS THAT THEY'RE LOOKING FORWARD TO ADVANCING THIS COMING BUDGET YEAR, AND THIS IS WHERE WE NEED TO ESTABLISH A PROCESS ON HOW THE PARK BOARD MOVES FORWARD WITH THESE PROJECTS TO MEET COUNCIL'S APPROVAL.

AND IN THE PAST, SO TAKE STEWART BEACH PAVILION.

THAT WAS IN MISSISSIPPI.

IT'S IN THIS PART OF THIS PROJECT PREDATES ME ON COUNCIL, BUT IT GOT TO US WHEN I WAS ON COUNCIL AT ABOUT A $20 MILLION, $25 MILLION BUDGET.

WE DIDN'T THINK THAT WAS THE WAY TO GO.

WE SENT THEM BACK TO REDESIGN.

THINK ABOUT THAT MORE, AND SO THAT PROCESS WOULD BE CLARIFIED WITHIN.

WITH US ON WHAT WE NEED TO SEE AND WHAT WE DON'T NEED TO SEE, AND STRUCTURALLY, THIS WOULD GO IN THE INNER LOCAL AGREEMENT.

IS THAT RIGHT? THEN WE DO IT.

WE ACTUALLY DO IT NOW ON ALL THE CITY OWNED ASSETS.

NO, NO, BUT WITH THE PARK BOARD, THIS WOULD BE OUTLINED ON THE CRITERIA TO BE MET IN THE INTERLOCAL AGREEMENT.

IT'S PART OF THE BUDGET PROCESS WOULD BE MY THOUGHT THAT WOULD BE PART OF THE BUDGET PROCESS.

IT WOULD BE PART OF THE BUDGET PROCESS, BUT BUT THE TROUBLE IS THAT SOME OF THESE PROJECTS COME UP MID-YEAR OR I MEAN, THE STEPS OF IT, YOU CAN'T JUST LOOK AT ONE ONE LINE ITEM IN THE BUDGET AND SAY, MOVE FORWARD $1,000,000 TO DO THIS OR THAT.

THERE NEEDS TO BE THE CONCEPTUAL, THE CONTRACT, THE EXECUTION.

JUST THE WAY IT WORKED THIS YEAR IS WE GOT THE BUDGET FOR CITY MANAGED ASSETS.

IT HAD A NUMBER OF CAPITAL PROJECTS.

WE COMMUNICATED BACK TO THE PARK BOARD, THE MONDO BUDGET.

GREAT, BUT THE CAPITAL PROJECTS ARE SOMETHING THAT HAD TO COME IN FROM A COUNCIL, RIGHT? THAT IS WEIGHTED THROUGH NOW TO COUNCIL ADDRESSES HOW THEY WANT TO ADDRESS THOSE THINGS GOING FORWARD.

THE INTERLOCAL TYPICALLY DEALS WITH THE MORE ROUTINE OPERATIONAL ISSUES.

WE HAVE ALSO AN ADMINISTRATIVE PROCESSES AGREEMENT WITH THE PARK BOARD.

SO THERE'S A NUMBER OF AGREEMENTS, BUT YEAH, COUNCIL NEEDS TO DECIDE HOW.

THAT'S WHY WE ARE HERE, BUT THEN I THINK THAT'S EXACTLY WHERE WE'RE TALKING ABOUT NOW.

THERE'S THREE, THREE, THREE STEPS THAT BRIAN IS OUTLINING FOR EACH OF THE CAPITAL IMPROVEMENTS THAT OUR BOARD IS PROPOSING DOING ON OUR PROPERTY.

RIGHT? SO LOOKING AT THEIR LIST RIGHT NOW, WE HAVE PROJECTS FOR 150,000 MILLION TO THE ONE YEAR CAP. YES, YOU'RE LOOKING AT THE ONE YEAR CAP, AND SO SOME OF THEM ARE JUST LIKE FILLING IN FOR EROSION ON THE BEACH.

SOME OF THEM ARE FOR BULK HIT, SO ON AND SO FORTH.

I THINK IF WE CAN LOOK AT THIS AS A DOCUMENT THAT COMES IN WITH THE BUDGET, I THINK SMARTLY WE CAN GO THROUGH THIS AND CHECK OFF 80% OF THIS AND LET IT GO.

IT DOESN'T NEED TO COME BACK FOR A REVIEW, AND THEN WE WANT TO SEE WHAT THIS IS AND ALL THESE OTHER BIDS.

WHY WOULDN'T IT BE POSSIBLE? IT'S CERTAINLY POSSIBLE.

CERTAINLY. CERTAINLY WE COULD DO IT RIGHT.

CERTAINLY WE CAN DO IT THAT WAY, AND THEN AS WE HAVE BIGGER PROJECTS THAT WE WANT TO SEE, LET'S TAKE THE RV PARK, FOR INSTANCE, A SEAWOLF PART.

THEN I COULD SEE A CONCEPTUAL DRAWING WITH A BUDGET AND THEN A PRESENTATION, AND FROM THERE, AS CITY APPROVES THAT, THEN THAT APPROVES THEM TO GO OUT AND GET THE DESIGN BECAUSE THEY'RE GOING TO SPEND MONEY ON DESIGN, AND THEN AFTER THE DESIGN IS DONE, WE GIVE THE APPROVAL TO GO AHEAD AND GET THE THREE.

THE STEPS ARE IMPORTANT JUST BECAUSE YOU DON'T WANT THE PARK BOARD GOING OUT AND SPENDING MONEY IF COUNCIL HAS NO INTENTION.

[01:40:03]

IF COUNCIL DOESN'T WANT TO DO A DRAINAGE PROJECT AT EAST BEACH, THEN YOU KNOW THAT THEY SPEND THE MONEY ON ENGINEERING.

I THINK THAT'S ONLY FAIR TO THEM.

NO, NO, YOU'RE EXACTLY RIGHT, BUT WE NEED AND I LIKE MIKE'S THOUGHT.

I MEAN, THERE ARE PROJECTS THAT WE COUNCIL MAY JUST WANT TO SAY MOVE FORWARD WITH THOSE PROJECTS, BUT WE NEED TO FORMALIZE THIS SOMEWHERE BECAUSE THIS CATCHES THIS IS THE FUTURE AND WHAT WAS SAID AND WHAT WE WHAT WE'RE DOING AND ALL THIS, AND IF IT'S IN THEN A LOCAL OR WHEREVER IT IS, WE NEED TO FORMALIZE THIS PROCESS AND SAY, TAKE THE STUART BEACH PROJECT.

I MEAN, THAT WAS IN A CIP, WHICH WE APPROVED RECENTLY, AND SO AT WHAT POINT WOULD THAT COME BACK TO US TO LOOK AT THAT? IT DIDN'T IN THE PAST.

I THINK THERE'S DIFFERENT TYPES OF PROJECTS.

THAT'S A DRAINAGE PROJECT.

HOW MUCH WEED YOU WANT TO GET.

I THINK YOU GUYS WOULD PROBABLY HAVE MORE INTEREST IN A PAVILION OR A BUILDING OR SOMETHING LIKE THAT, BUT IF YOU WANT THEM TO DO THIS, YOU KNOW, IF YOU IF YOU TELL BRYCE AND GO OUT AND GET THE ENGINEERING DONE ON EAST BEACH, I WOULD ASSUME THAT YOU'RE NOT YOU CAN'T APPROVE.

THERE'S NO WAY. BRYCE I WOULDN'T EVEN KNOW HOW MUCH THAT MONEY IS IS GOING TO COST UNTIL YOU GET THE DESIGN BACK, AND THAT'S WHAT COUNCIL WOULD WEIGH IN IF HE COMES BACK AND YOU SAY, YEAH, DRAINAGE IS A GREAT IDEA.

WE SPEND A COUPLE HUNDRED THOUSAND DOLLARS ENGINEERING AND THEY COME BACK AND SAY, GREAT, IT'S A $3 MILLION PROJECT.

YOU SAY, I'LL DO $3 MILLION WORTH OF WORK OUT THERE.

THAT'S WHY YOU BRING IT BACK TO COUNCIL BEFORE YOU DO THE ACTUAL WORK, AND YOU COULD PUT BUDGETS ON THAT TO BEGIN WITH.

THEY MET THE BUDGETS. THEN YOU COULD PUT IN MEMBER CRITERIA.

YOU CAN SAY GO OUT AND DO THE DESIGN, BUT IF IT COMES BACK FOR MORE THAN $2 MILLION, DON'T DO THE WORK.

I MEAN, YOU COULD DO YOU COULD SET ALL THE CRITERIA FOR APPROVAL.

SURE. ABSOLUTELY.

YES. SO JUST TO CLARIFY A COUPLE OF THINGS, WE GO THROUGH THAT THREE STEP PROCESS WITH THE TRUSTEES.

SO LET'S SAY THE COUNCIL APPROVES, SOPHIA.

IT'S NOT LIKE THAT'S IT. WE JUST GO FORWARD, WE DO THE ENGINEERING, WE BRING BACK THAT TO THE TRUSTEES, WE LOOK AT THE COST, WE BRING THAT BACK TO THE TRUSTEES.

SO IT GOES THROUGH THAT THREE STEP PROCESS BEFORE WE'RE PUTTING THE SHOVELS IN THE GROUND ALREADY.

IF WE'RE GOING TO ADD THIS OTHER THREE STEP PROCESS, AND I LIKE IT, I LIKE YOUR APPROACH COUNCIL THAT PICK AND CHOOSE WHAT YOU WOULD REALLY WANT FOR US TO COME BACK AND DIVE INTO MORE DETAIL AND THEN ALLOW SOME AUTONOMY WITH THESE OTHER ONES.

SO I'M NOT HAVING TO GO THROUGH A SIX STEP APPROVAL PROCESS, BUT IF THERE ARE INSTANCES AND I DON'T WANT TO WE DON'T HAVE TO DEBATE SPECIFICS, BUT THERE ARE INSTANCES WHERE SOME OF THESE PROJECTS HAVE GOTTEN HALF A MILLION DOLLARS DEEP INTO CONCEPTS, CONCEPTS OF DESIGN AND SO FORTH, AND COUNCIL'S NEVER SEEN THEM AS NO IDEAS, EVEN GOING.

NOBODY'S EVER ASKED AND HEARD ME SAY THIS TRUSTEE MEETING MORE THAN ONCE.

WOULDN'T IT BE NICE IF YOU WENT TO COUNCIL AND SAID, DO YOU WANT TO DO THIS TO BEGIN WITH? WE'RE PREPARED TO DO THAT ON THE 27TH.

YEAH. THAT'S, YEAH, BUT I DON'T, I DON'T, I DON'T THINK JUST BRINGING US THE ONE YOUR CFP AND YOU KNOW, GETTING THE RUBBER STAMP ON IT, I MEAN WE NEED TO, WE NEED TO UNDERSTAND WHAT EACH OF THOSE PROJECTS IS AND I HOPE THAT'S WHAT YOU'RE PREPARED TO DO.

ABSOLUTELY. BECAUSE IT'S JUST AS MIKEY SAYS, THERE CAN BE SOME OF THESE THINGS, LIKE I SAY, PAVING A PARKING LOT.

I DON'T MEAN I'M NOT YOU PROBABLY COMPETENT TO PAY FOR A PARKING LOT.

YOU KNOW WHAT I MEAN? WE DON'T I DON'T THINK WE NEED TO SEE THAT THREE TIMES, BUT IF YOU'RE GOING TO BUILD A BUILDING SOMEPLACE THAT'S KIND OF A DIFFERENT ANIMAL.

COMPLETELY AGREE. I WILL BE AVAILABLE, AND SO WE'RE OUR PROJECT MANAGER ON THE 27TH.

DISCUSS ANY OF THESE PROJECT.

DO WE HAVE THAT? I GUESS MAYBE IT'S CERTAINLY A PACKET.

I MEAN, IT'S MIKE YOUR I THE ONE THAT WE'LL GET THE PRICING WOULD YOU MAKE SURE YOU GET WITH STAFF AND MAKE SURE THEY HAVE THIS AND WE NEED TO CIRCULATE THIS.

YOU KNOW IF WE HAVE IT TO THE COUNCIL MEMBERS THIS IS WHAT YOU GAVE US.

THAT'S WHAT I GIVE YOU. IT'S TOO LARGE A DOCUMENT TO EMAIL.

WE CAN CERTAINLY PRINT IT OUT FOR EVERY COUNCIL MEMBER.

I'LL JUST GIVE JANELLE THE FLASH DRIVE.

SHE CAN PRINT IT OUT. IT'S A VERY LARGE DOCUMENT.

YOU CAN PRINT OUT JUST THE SECTIONS OF IT.

I DID GIVE YOU THE SIT DOWN IN A SEPARATE PDF THAT ONE CAN READ.

YEAH. I DON'T KNOW IF THEY WANT THE WHOLE BUDGET.

RIGHT. YEAH.

NOT PERSONALLY.

WE'RE TALKING ABOUT CIP RIGHT NOW.

IT'S THESE FOUR PAGES THAT ARE FIVE PAGES.

WELL, THE FUNDING IS WITHIN THE BUDGET.

YEAH. WE CAN PUT A LINK ON OUR AGENDA FOR THAT DOCUMENT.

YES. YES. YES.

I'D LIKE. ALL RIGHT.

I WANT TO COME BACK TO THE QUESTION, WHAT METHOD DO WE.

IF WE MOVE FORWARD.

YES. WHAT METHOD DO WE USE TO FORMALIZE THIS PROCESS? IT COULD BE ACTUALLY, IT SHOULD BE PART OF THAT BUDGET CONTRACT.

IT SHOULD BE PART OF THE BUDGET CONTRACT.

HE SAID BUDGET CONTRACT, AND THAT'S GOING TO BE IN THE CONTRACT THAT DON'S PUTTING.

[01:45:06]

WELL, I MEAN, WE COULD DO IT ANYWAY, AND THERE'S GOING TO BE SOME PARROTING OF THE TO IN THE DIFFERENT AGREEMENTS, JUST ONE OR LOCALS GOING TO REFER TO THE OTHER BECAUSE ONE'S GOING TO CHANGE EVERY YEAR. SO YOU'LL MAKE REFERENCE TO IT, AND DON MAKES A GOOD POINT.

THIS CONTRACT, HE'S WORKING ON THE BUDGETS.

TYPICALLY, THESE ARE NOT HOT FUN.

WE CAN DO AS PART OF REGULAR PART OF THE WELL, WE PUT IT INTO THE INTER LOCAL THAT IT'LL COME TO COUNCIL FOR US TO APPROVE.

OKAY. I JUST WANT TO MAKE SURE WE GET THIS WRITTEN DOWN AND WE GET THIS FORMALIZED IN A MANNER.

YES. JOHN, DON, AND DAN, WHEN YOU WHEN YOU ALL START DOING THESE DOCUMENTS, HOW MUCH REVIEW OR INPUT OR YOU'LL GET IT FROM A PARK BOARD.

IN THE PAST. WE SAT DOWN WITH THEM AND DRAWN A LINE BY LINE THROUGH THE DOCUMENTS.

I JUST WANT TO. WHEN IT COMES TO YOU ALL.

YEAH, THAT'S WHAT I'LL MAKE THAT LEVEL OF DISCUSSION WHEN WE ORIGINALLY DRAFT THE DOCUMENT.

WE SIT DOWN AND WE GO THROUGH EVERY SINGLE ITEM, AND YOU'RE DOING THAT NOW IN THE INTERLOCAL.

YOU'RE WORKING WITH THE PARK BOARD.

WE ARE GOING TO WE HAVEN'T STARTED YET BECAUSE WE WERE WAITING FOR BUDGETS TO GET SQUARED AWAY, WHICH IS WHAT WE AGREED TO WITH MR. SAVAGE. GOOD. ANY OTHER THOUGHTS ON THIS TOPIC? COUNCIL. LET'S MOVE TO ITEM SEVEN AND PLEASE, JANELLE 718 DISCUSSION OF A PROPOSED ORDINANCE

[7.A.d. Discussion of a proposed Ordinance clarifying the procedures for Park Board appointments by City Council. (Collins/Brown)]

CLARIFYING THE PROCEDURES FOR APPOINTMENT.

ALL RIGHT. I WILL TAKE THIS.

YES. I ASKED HIM A QUESTION AND HIS ANSWER TO ME GOT BLOWN COMPLETELY OUT OF PROPORTION, AND THE NEXT THING I KNOW, I'M BEING VILIFIED IN THE GRAPEVINE ABOUT TRYING TO TAKE OVER THE PART.

I DON'T WANT TO TAKE PART. THE QUESTION I ASKED WAS, DOES THE CODE LIMIT US TO ONE MEMBER OF COUNCIL ON THE PARK BOARD? HIS ANSWER WAS NO, IT DOESN'T.

THAT WAS ALL THAT IT WAS TO THAT THE IMPORTANT PART.

CAN YOU IMAGINE? MAYBE IT WASN'T.

IT WASN'T QUITE THAT QUICK, BUT BUT NOW THE IMPORTANT PART OF THIS THIS ORDINANCE IS STRAIGHTENING OUT THE APPOINTMENTS , AND THE SCHEDULE AND THE LENGTH OF THOSE TERMS, BECAUSE THE STATUTE IS PRETTY CLEAR ON IT, THAT WHEN YOU APPOINT AN EX-OFFICIO MEMBER OF CITY COUNCIL AS A TRUSTEE, YOU'RE JUST APPOINTING A TRUSTEE.

THAT PERSON MIGHT BE IN THIS CASE IS A VOTING TRUSTEE OF THE PARK BOARD.

AND TWO THINGS GOT IN OUR WAY.

ONE WAS THAT WHEN YOU FILL AN UNEXPIRED TERM, THAT'S IN THEORY, WHAT UNTIL UNTIL THE TERM EXPIRED SYSTEM, WHATEVER IT IS.

THE TROUBLE IS, WE DIDN'T REALLY FOLLOW THAT THROUGH PARK BOARD.

SO WE GOT IN THIS PLACE WHERE WE WERE APPOINTING THREE ONE YEAR AND FIVE, COUNTING THE EX-OFFICIO THE NEXT YEAR, AND WE WERE DOING THAT AND WE DID THAT FOR SEVERAL YEARS.

WE'VE APPOINTED PEOPLE TO UNEXPIRED.

NO, NO, NO, I'M NOT ONE. I'M TALKING ABOUT WHEN WE WERE DOING REGULAR TERMS, WE GOT ONCE WE GOT PAST THE UNEXPIRED TERM, WE'RE DOING THREE AND FIVE, THREE AND FIVE, AND THAT WAS, I DON'T THINK, WHAT WAS CONTEMPLATED, AND SO WHEN WE APPOINTED KIMBERLY GATTO TO A ONE YEAR TERM, WHICH TOOK ME BY SURPRISE WHEN IT HAPPENED.

I SAID TO DON THAT ISN'T WHAT I THINK.

WE INTENDED THAT BY APPOINTING KIMBERLY TO A TWO YEAR TERM, WE GOT BACK ON THE FOUR TRUSTEES SHE WAS TAKING OVER AND UNEXPIRED TERM IT WAS, BUT BUT BY APPOINTING HER TO A TWO YEAR TERM, WE WE GET BACK ON THE FOUR AND FOUR BECAUSE IT WAS IT WAS ALREADY OUT OF OUT OF THE SENATE.

WE'RE GOING TO HAVE TO GO BACK AND LOOK AT EVERY SINGLE BOARD WE HAVE, AND.

NO, NO, NO, NO. THE REASON THE REASON IS BECAUSE THOSE BOARDS ARE NOT IT DOESN'T TAKE US DOWN BECAUSE SHE WAS APPOINTED TO AN UNEXPIRED TERM.

AND I'M TALKING ABOUT THE STATUTE.

THERE'S STATUTORY REQUIREMENTS IN PART FOR THE SECOND, AND WE'RE JUST JUST CODIFYING THE ONE, THREE, FIVE AND SEVEN GO ONE HARD NUMBER TWO, FOUR, SIX, EIGHT, GO, AND EVEN HERE, BUT WHAT'S MORE IMPORTANT IS THAT WHEN I WAS APPOINTED, I DON'T REMEMBER EVEN WHEN IT WAS I WAS APPOINTED TO FILL THE MAYOR'S UNEXPIRED TERM ON PARK, AND THEN THE NEXT YEAR WAS 2020 WHEN ALL THE ELECTIONS GOT ALL SCREWED UP.

IN THE MEANTIME, WE HAD MOVED ALL OUR APPOINTMENTS FROM JUNE TO SEPTEMBER AND WE ERRONEOUSLY TOOK PARK BOARD EX-OFFICIO APPOINTMENT TO SEPTEMBER WITH.

SO MY TERM WAS SET TO EXPIRE IN SEPTEMBER OF 2020, BUT BECAUSE THE ELECTION GOT MOVED, WE DIDN'T GET AROUND TO IT.

I WASN'T REAPPOINTED UNTIL JANUARY OF 2021, BUT BY LAW I SHOULD HAVE BEEN REAPPOINTED AT THAT POINT.

JUNE 20 WAS NORMAL AND THEN AGREE, AND I THINK THIS IS SOMETHING THAT JUST WORKS ITSELF OUT, BUT IT DIDN'T.

[01:50:03]

THAT'S MY POINT IS IT NEVER DID WORK ITSELF OUT.

I DON'T KNOW WHERE WE GOT OFF TRACK, BUT IT DIDN'T WORK ITSELF OUT.

WE WERE THREE AND FIVE, THREE AND FIVE, AND SO WHEN WE APPOINTED MIKEY.

LAST MONTH AS EX-OFFICIO, WE APPOINTED AS A TRUSTEE.

BY LAW, THAT TERM SHOULD EXPIRE IN JUNE OF 2024.

DAVID, LET ME ASK, AND SOME ADDICTS.

NOT SO MANY. YOU NEED TO KNOW THAT.

I MEAN, AN EX-OFFICIO IS NOT JUST A TRUSTEE.

IT IS A REPRESENTATION OF THE OF THE ENTITY IT CAME FROM TO REPORT BACK TO THAT ENTITY.

THAT'S THE FUNCTION THAT IS TRUE, BUT BY THE STATUTE, YOU ARE A TRUSTEE, JUST LIKE MARTY IS JUST LIKE KIMBERLY.

THE STATUTE DOES NOT SAY ANYTHING DIFFERENT, EXCEPT THAT YOU HAVE TO REMEMBER THE COUNCIL HAS TO BE APPOINTED.

SO WHAT DO YOU WANT THEM TO DO? SO WE CAN JUST HAVE APPOINTMENTS BACK TO JUNE THE WAY IT USED TO, AND THAT'S WHAT I'M SAYING, AND THAT'S WHY WE HAVE TO REALIGN OR SAY YOU'RE NOT.

I THINK WE'RE WE'RE IN SYNC.

NOW, THAT SOUNDED A LITTLE BIT LIKE YOU WERE HAVING SELLERS REMORSE.

OH, NO, NO, NO.

I ASSURE YOU, I DONE.

YOU SENT OUT THIS DOCUMENT TO COUNCIL.

THIS IS ADDRESSING WHAT COUNCILMAN COLLINS IS MENTIONING.

I TAKE EXCEPTION, THOUGH, TO THESE THINGS ABOUT MULTIPLE MEMBERS, BUT THAT'S WHY.

THAT'S WHY I'M ASKING. THAT'S WHAT GOT BLOWN OUT OF PROPORTION.

TICK, TICK, TICK.

NOW WE NEED TO TAKE ALL THAT OUT.

LET'S JUST TAKE IT BACK TO JUNE.

I'M POINTING OUT THE EX-OFFICIO.

I BELIEVE IT'S I DON'T HAVE IN FRONT OF ME.

I BELIEVE IT'S ALL IN THIS PARAGRAPH.

SEE THIS IN PARAGRAPH B? BUT NOW. NO, LOOK AT SEE TERMS FOR POSITIONS ONE, THREE, SIX, EIGHT AND SO FORTH.

THAT'S WHAT THAT'S THE WAY THAT NEEDS TO STAY IN.

NO, THAT'S THE CHANGE THAT'S ACTUALLY CHANGED.

NO, NO. THAT'S THE, THAT IS THIS, AND C AND C AND D IS WHAT THE WHAT THE AUDIENCE NEED.

CORRECT. NEED TO BE CHANGED.

IS THIS THIS B, DON, I DON'T EVEN KNOW IF I NEED THIS SECTION D HERE.

I THOROUGHLY AGREE WITH THAT.

WE NEED TO KNOW TECHNICALLY WHAT WE'RE JUST SAYING IS THE EX-OFFICIO OR THE APPOINTMENT WILL BE DONE IN JUNE, NOT IN SEPTEMBER FOR PARK BOARD FOR THE REST OF IT IS CORRECT, BUT IT IS A RIGHT OF GUIDANCE.

THANK YOU. WHEN YOU TEST OUT.

THIS PERSON DID SOUND LIKE I SAID.

OKAY. ANY OTHER THOUGHTS ON THAT? VERY GOOD. WE ARE DOWN TO ITEM SEVEN EIGHT, JANELL, SEVEN, A SCHEDULING OF A JOINT MEETING WITH THE PARK BOARD.

[7.A.e. Scheduling of a Joint Meeting with the Park Board. (Brown)]

WE HAVE A JOINT MEETING COMING UP WITH THE PARK BOARD THAT IS SOMEWHAT OVERDUE.

WE HAVE TALKED TO THE PARK BOARD ON THIS.

WE WERE GOING TO DO THAT ON THIS DAY, BUT THERE WERE OTHER ITEMS THAT COUNCIL MEMBERS WANTED TO GET DECIDED BEFORE WE MOVE FORWARD WITH THE JOINT MEETING.

THERE HAS BEEN A DATE OF NOVEMBER TEN THAT HAS BEEN THROWN OUT.

IN DISCUSSIONS WITH THE PARK BOARD, A POSSIBLY CONSIDERING FOR COUNCIL'S CONSIDERATION OF A JOINT MEETING.

THAT WOULD BE AND WE'VE TALKED ABOUT HAVING A VENUE THAT WOULD ALLOW ALL OF US TO GET TOGETHER, ALLOW THE STAFF AND OUR STAFF TO BE THERE, ALLOW THE PUBLIC TO BE THERE AND ALLOW IT TO BE TAPED AND TO BE TRANSMITTED THROUGH THE MEETING.

WE'VE TALKED ABOUT THE CHANCE TO TAKE OUR SCHEDULES BECAUSE WE'VE BEEN HAVING THESE RANDOM MEETINGS CALLED AND I'M SURE THE MAYOR HAS SOME QUESTIONS REGARDING THIS.

EXCUSE ME. LAST QUESTION.

SURELY I WANTED THIS MEETING WE NEED, AND THAT'S THE OTHER THING OF THAT.

WE NEED TO SIT DOWN AND TALK ABOUT THE AGENDA ITEMS THAT COUNCIL WANTS TO DISCUSS.

CURRENTLY, WE HEAD DOWN.

ONE THAT I HAVE DOWN IS VISION FOR THE PARK.

STUART BEACH.

SEAWORLD PARK.

I DON'T KNOW WHERE WE'RE HEADING WITH STUART BEACH.

TOTALLY WITH YOU ON THAT ONE, AND WE NEED TO WE NEED TO WE NEED TO SOLIDIFY THIS, AND EVERYBODY WELL, WE NEED TO COME UP WITH A DECISION ON WHERE WE'RE HEADING WITH STUART BEACH THAT NEEDS TO BE IN CONJUNCTION WITH THE PARK BOARD AND TALKING WITH THEM, GET INPUT FROM THEM.

WE'VE BEEN KIND OF GOING DOWN THIS PATH TOGETHER FOR A LONG TIME AND STILL HAVEN'T COME TO A ENDPOINT YET.

WE HAD COME TO AN AGREEMENT THAT FELL APART SOMEHOW AFTER THE COMMITTEE DISBANDED, BUT MY CONCERN WITH THIS IS THAT IF WE'RE IN THE MIDDLE OF WRITING AND NEGOTIATING A CONTRACT WITH THE PARK BOARD AND AT THE SAME TIME DEVELOPING THE INTERLOCAL WITH THE PARK BOARD, BOTH OF WHICH ARE CONTRACTS, BOTH OF WHICH WE

[01:55:04]

ARE PROHIBITED BY CHARTER FROM ENGAGING IN NEGOTIATIONS ON.

I'M FEARFUL OF PUTTING PARK BOARD A JOINT MEETING RIGHT IN THE MIDDLE OF THOSE NEGOTIATIONS.

I'M FEARFUL THAT MEETING TURNS INTO A NEGOTIATION ABOUT THOSE THOSE AGREEMENTS THAT YOU HAD VOICED THAT OPINION TO ME.

I THINK THE AGENDA WILL SET THE TONE.

WHY DON'T WE THIS MEETING KEEP THAT AS AN ISSUE? WE WILL HOLD UP ON THE INTERIM UNTIL YOU HAVE YOUR JOINT MEETING.

WHY WOULD WE HAVE A JOINT MEETING COMBINED WITH OUR REGULAR MEETING? WE COULD. I MEAN, IF COUNCIL WHAT WE YOU KNOW, I HATE THESE TYPES OF SUBJECTS, ESPECIALLY WITH THE PARK BOARD WHEN WE'RE TALKING STEWART BEACH AND THINGS LIKE THAT.

I WANT TO HAVE TIME TO DO THAT.

I DON'T WANT TO YOU KNOW, I DON'T WANT TO PUT IT INTO A MEETING THAT GOES FOUR AND 5 HOURS LONG BECAUSE WE'RE TRYING TO CRAM ALL THIS MATERIAL INTO AN OCTOBER 27TH MEETING COMING UP.

IT'S GOING TO BE A PRETTY BUSY MEETING, IT LOOKS LIKE, COMING UP ON THE AGENDA.

OUR NEXT MEETING WOULD BE NOVEMBER 17, AND WE NEED TO GET WITH THE PARK BOARD.

I MEAN, I'M NOT AGAINST COMBINING IT.

I JUST DON'T WANT TO. I WANT TO MAKE SURE WE JUST DON'T PUT IT ON.

THERE'S ONE HOUR YOU ALWAYS PUT IT SO OPTIMISTIC BECAUSE IT NEVER IT NEVER HAPPENS.

IN ANOTHER POINT WE'LL TAKE I MEAN, CAN THIS MEETING JUST BE A VISIONARY MEETING WHERE THEY PRESENT WHAT THEY ANTICIPATE, WHAT IS GOING TO HAPPEN WITH THESE PARKS THAT WE CAN SIT AND DIGEST AND UNDERSTAND WHAT'S GOING TO GO ON AND THEN MAYBE GIVE A LITTLE BIT OF INPUT BACK AND THEN NOT TOUCH ON ANY OF THESE OTHER SUBJECTS.

SO BECAUSE LIKE EVERYBODY'S SAYING, WE DON'T KNOW WHAT'S GOING TO HAPPEN AND WE DON'T KNOW WHAT'S GOING TO HAPPEN AT WE DON'T KNOW WHAT'S GOING TO HAPPEN AT SEAWORLD, BUT IF WE CAN SEE A VISION OF THAT AND IT'S NOT NEW WHEN IT COMES ON A PIECE OF PAPER, THAT IT MIGHT BE BENEFICIAL, I THINK I THINK THAT'S A PORTION OF IT IN MY MIND, BUT WE'VE GOT TO HAVE AN OPEN DIALOG WITH THE PARK BOARD.

WE NEED TO HAVE A GIVE AND TAKE WITH THE WITH TALKING ABOUT THE VISION FOR THESE PARKS.

THAT'S GOING TO BE VERY IMPORTANT, AND SO HOWEVER COUNCIL WANTS TO PROCEED WITH THIS, WE CAN DO THAT.

IF WE FELT WE WANTED A JOINT MEETING TO DISCUSS THIS.

THE DAVIDS, I THINK, CONCERNED THAT WE'RE GOING TO GET INTO NEGOTIATING POINTS OF THIS INTER LOCAL.

I DON'T SEE THAT PERSONALLY, BUT I MEAN THE AGENDA WILL DRIVE THAT.

IT'S GOING TO BE SOMETHING THAT WE NEED TO HAVE A REAL CLEAR CUT AGENDA IF WE HAVE A JOINT MEETING ON WHAT WE WANT TO DISCUSS, I SAY WE DO IT IN COMBINATION WITH OUR 17TH MEETING. IN THE 17TH MEETING.

YES, MA'AM. I THINK THE CHARTER SAYS THAT CITY COUNCIL HAS TO MEET HERE IN CITY HALL ALSO.

SO KEEP THAT IN MIND IF WE DO IT IN CONJUNCTION WITH OUR MEETING.

UNLESS YOU DID IT AS A FORM OF A RETREAT.

WELL, AND IT'S ON CAMERA HERE.

I MEAN, WE WOULD MAKE SURE IT WAS ON CAMERA.

YEAH, WE JUST DO IT AT A REGULAR MEETING.

WELL, WHAT YOU'RE SAYING AGAIN, TO REPEAT WHAT YOU'RE SAYING AGAIN, JANELLE CHARTER SAYS THAT CITY COUNCIL HAS TO MEET IN THEIR REGULAR SESSIONS HERE AT CITY HALL. CORRECT.

IF IT'S A SPECIAL MEETING WITH THE PARK BOARD, IS THAT HAVE TO BE AT CITY HALL HERE? SECOND QUESTION.

WE'VE HAD JOINT MEETINGS WITH THE PARK BOARD HERE.

WHY ALL OF A SUDDEN WOULDN'T IT BE DIFFERENT? I'M LIKE, ALL OF A SUDDEN WE'RE MAKING THIS WHOLE NEW SET OF RULES FOR THE PURPOSE OF I'M NOT SURE, BUT I DON'T KNOW WHY WE'VE DONE IT IN THE PAST.

WE'VE ALWAYS HAD OUR JOINT MEETINGS WITH THE PARK BOARD, WITH THE BOARD HERE.

WHY CAN'T WE JUST DO IT ON OUR 17TH MEETING? WE'VE HAD TO WALK IT OFF.

WE'VE HAD JOINT MEETINGS.

I THINK IT'S JUST THE TIMING. THE TIME ISSUE WITH THIS, THAT AGENDA IS RIGHT NOW.

27TH IS MORE THAN SEVEN.

OCTOBER 27TH IS GOING TO BE PRETTY FULL.

WE'VE GOT ALL THESE ITEMS COMING BACK AND THEY'RE NEVER FULL TILL WE GET CLOSE TO THEM.

27 TIMES ALREADY.

WELL, I CAN TELL YOU THE 27TH RIGHT NOW IS FULL, AND WE'RE TALKING ABOUT THE NOVEMBER MEETING.

NOVEMBER 1717.

JUST KEEP PUSHING IT BACK.

EXCUSE ME. I MEAN, YOU KNOW, TWO MONTHS AWAY.

WELL, SO ARE YOU SUPPOSED TO BE WHAT THE MAYOR THIS MORNING JUST SAID WE'D HAVE A WEEK BEFORE? I MEAN, I DON'T KNOW HOW THIS MEETING GOT CANCELED BECAUSE WE COULD HAVE COMBINED THE TWO.

YOU'RE ALREADY TAKING UP OUR DAY, AND MAYBE WOULD HAVE BEEN A LITTLE MORE TRANSPARENT IF WE HAD THE JOINT MEETING ALONG WITH THIS DISCUSSION, BUT I DON'T KNOW

[02:00:05]

WHY. SO HAVING IT A WEEK BEFORE ON THE 17TH WHEN IT IS OR AVAILABLE MEETING, I'M JUST SAYING, WHAT IS YOUR PREFERENCE? WE JUST KEEP PUSHING IT BACK. I MEAN, I'D LIKE TO GET IT DONE.

I MEAN, I'D LIKE TO SEE SOMETHING HAPPEN AT STEWART BEACH BEFORE MY DAUGHTER OUT OF COLLEGE.

QUESTION YEAH.

MARTHA STEWART ISSUES, IN MY MIND HAS BECOME AN EMBARRASSMENT.

WE NEED TO MOVE FORWARD WITH THIS, AND, I MEAN, WE CAN HAVE WE CAN HAVE IT HERE.

I MEAN, THERE'S A LOT OF PEOPLE INVOLVED AND WE'LL HAVE THE ATTORNEYS HERE AND ALL THAT WE CAN.

WE CAN HAVE IT HERE. I MEAN, I'M NOT AGAINST THAT.

WE'VE HAD IT AWAY, THOUGH, BEFORE.

WE'VE HAD IT AT THE CONVENTION CENTER.

I MEAN, YOU'RE YOU JUST DON'T WANT TO HAVE AN UNSCHEDULED MEETING, RIGHT? I JUST WELL, I WON'T BE ABLE TO MAKE THAT MEETING.

OH, WELL, YOU'RE SAYING YOU'LL BE OUT OF TOWN ON THE 10TH OK WITH THAT? I UNDERSTAND THAT THIS JUNE 17TH.

I DON'T KNOW. I PROBLEM WITH 17TH.

IT'S JUST I DON'T HAVE A PROBLEM.

I MEAN, WE'RE OPERATING UNDER THE CURRENT BILL, AND WE CAN WAIT TILL AFTER THE 17TH TO MAKE SURE WE DON'T HAVE ANY ISSUES IN TOWN FOR OR THE WEEK.

I'M JUST TRYING TO DO IT SOONER THAN THAT.

WELL, LET'S DO IT SOONER, AND WHEN ARE YOU GOING TO BE OUT OF TOWN? HOW LONG YOU THINK ANY OF THEM? AND YOU'LL BE OUT MOST NOVEMBER OR.

REMEMBER, I'M HERE ALL THE DAMN TIME.

WHY DON'T WE DO IT IN OCTOBER, THEN BEFORE THE 27TH MEETING OF.

WELL, THAT'S WHAT.

SO YOU WANT AN MEETING DATE? WE CAN DO IT ON THE TUESDAY MORNING.

I DON'T WANT. I'M SORRY. I DON'T WANT THIS SUNDAY'S MEETING.

I DON'T WANT. ON THE 27TH.

NO, NOT A GOOD IDEA.

I DON'T WANT TO DO IT. I DON'T WANT TO DO IT.

I'M SAYING TO DO IT ON NOVEMBER THE 17TH.

I'M WITH YOU ON THAT BECAUSE I WON'T BE HERE TILL THE LATTER HAPPENS.

EVEN IF WE HAVE TO MEET ALL DAY INTO THE NIGHT, IT'S NOT LIKE WE HAVEN'T DONE THAT BEFORE.

HEAVEN FORBID THEY BEAT US UP.

THEY FILL US UP WITH THE CALVES, SO WE'VE GOT THE STAMINA TO DO IT.

SO I JUST SAY WE DO IT ON THE 17TH.

OKAY. WE'RE TALKING ABOUT A JOINT MEETING ON NOVEMBER 17TH.

WE'LL NEED TO GET WITH THE PARK BOARD STAFF.

WE'LL DO ITS BEST TO KEEP OTHER THINGS OFF THAT WORKSHOP THERE.

SO THAT WAY YOU ALL HAVE AS MUCH TIME AS YOU NEED FOR THIS.

THAT SOUNDS GOOD.

WE TALKED ABOUT VISION FOR THE PARKS AS FAR AS WHAT WE WOULD LIKE ON THAT AGENDA.

STUART SEAWORLD PARK.

I HAD MARTY FLUKE HAD ASKED ME TO PUT ON THAT AGENDA IF WE HAVE A JOINT MEETING.

NEED TO TALK ABOUT THE JULY 4TH CELEBRATIONS AND GIVE GUIDANCE TO THE PARK BOARD AND WHAT WE WANT TO HAVE WITH THAT.

THOSE ARE THE TWO ITEMS THAT I'VE BEEN PRESENTED AS OR ANYTHING ELSE WE WANT ON THAT AGENDA.

MY SUGGESTION, MAYOR, PURELY MY SUGGESTION IS CITY STAFF WILL STEP ASIDE FROM THAT MEETING.

THIS REALLY NEEDS TO BE POLICY DISCUSSION BETWEEN THE TWO BOARDS.

I THINK STAFF NEEDS TO WILL BE AVAILABLE.

WE'LL BE LISTENING, BUT I THINK YOU ALL NEED TO HAVE THE CONVERSATION WITHOUT US.

I THINK. RIGHT. I MEAN, YES, ABSOLUTELY.

THE STAFF IS. YOU'RE GOING TO BE AVAILABLE.

I MEAN, BECAUSE WE NEED THIS PANEL ON GOAL AND MARIE, BUT THAT'S ALL RIGHT.

SHE GOES TO MORE FUN PLACES, BUT NO, WE'LL BE AVAILABLE, OF COURSE, WHERE YOU WERE SAYING WE PUT DISCUSSION SPEECH AS WELL.

SEE, WHAT THIS DOES IS.

MOST OF. ALL RIGHT.

VERY GOOD. ANYTHING ELSE ON THAT? IF WE CAN GO INTO THAT TOPIC.

EXCUSE ME. IF YOU HAVE ANY OTHER TOPICS YOU WOULD WANT ON THAT, PLEASE LET ME KNOW.

WE'LL GET THOSE ON. VERY GOOD.

ALL RIGHT. IT IS 1122.

WE HAVE GONE THROUGH ALL OF OUR AGENDA ITEMS. WE'RE GOING TO BE LOOKING OCTOBER 27 FOR ORDINANCE CHANGES.

THE CONTRACT, THE CONTRACT THAT WILL BE PUT TOGETHER THAT HIGHLIGHTS SOME OF THESE DETAILS COMING UP, AND WE ARE ADJOURNED.

THANK YOU. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.