1 00:00:00,000 --> 00:00:07,280 In seeing that we have a quorum, I will now call to order the regular meeting of the Charter 2 00:00:07,280 --> 00:00:14,080 Review Committee at 5.32 p.m. As a reminder to everyone here and all speakers, we are 3 00:00:14,080 --> 00:00:20,840 using the overhead mics, so please speak up when you talk. We will show on to our items 4 00:00:20,840 --> 00:00:28,320 for consideration. Item A, number CRC 24-030, receive comments from members of the public, 5 00:00:28,320 --> 00:00:32,960 who wish to speak, must be present at the meeting and submit a speaker card to staff. 6 00:00:32,960 --> 00:00:36,720 The staff liaison prior to the item being called. Up to five speakers may speak for 7 00:00:36,720 --> 00:00:41,520 two minutes each on any items on the agenda. It does not look like we have any speakers 8 00:00:41,520 --> 00:00:50,080 who wish to speak. We will move on to item B, number CRC 24-031, consider approval of 9 00:00:50,080 --> 00:00:54,680 the minutes of October 3, 2024 to our review committee meeting. Is there a motion to approve 10 00:00:54,680 --> 00:01:04,520 minutes? Motion by Commissioner Molina-Ford. Do I have a second? Commissioner Trevino, I 11 00:01:04,520 --> 00:01:15,000 seconded. All those in favor of approving the minutes, please raise your right hand and 12 00:01:15,000 --> 00:01:19,960 say aye. And as a reminder, please keep your hands up long enough for staff to note. That's 13 00:01:19,960 --> 00:01:31,480 unanimous. Thank you, everyone. That brings us to item C, number CRC 24-033, my apologies, 14 00:01:31,480 --> 00:01:37,680 CRC 24-033, receive a report, hold a discussion, and give staff direction on adding language 15 00:01:37,680 --> 00:01:42,680 to the charter regarding the increase in rates or fees on citizens or businesses. 16 00:01:42,680 --> 00:01:50,080 Okay, thank you. So the next three items that we have that were brought to us from Weaver, 17 00:01:50,080 --> 00:01:55,800 unfortunately he's not here to hear them. And if there had been more wiggle room in 18 00:01:55,800 --> 00:02:01,120 the schedule, I would have made room for him to do that. But I'll go through the slides 19 00:02:01,120 --> 00:02:07,400 for each of these items. As you have questions, I did ask for backup on this because I am 20 00:02:07,400 --> 00:02:14,600 not a city finance guru. So at the back of the room we have our finance A team. Matt 21 00:02:14,600 --> 00:02:21,480 is our budget manager, Viz is our deputy director of finance, and Terrence is our new grants 22 00:02:21,480 --> 00:02:29,080 administrator. So we're prepared to get into the weeds with you on it if you so choose. 23 00:02:29,080 --> 00:02:36,880 So with that, this charge brought to you by the committee yourselves, consider adding 24 00:02:36,880 --> 00:02:41,960 language regarding the increase in rates or fees on citizens or businesses. The proposed 25 00:02:41,960 --> 00:02:47,880 language that was submitted was, "Any increase in rates or fees on citizens or businesses 26 00:02:47,880 --> 00:02:53,480 to retire a debt or obligation of the city shall be discontinued when debt or obligation 27 00:02:53,480 --> 00:02:59,400 is paid in full. When and if any increase in rate or fee to retire a debt will have 28 00:02:59,400 --> 00:03:07,200 estimated end date recorded on any invoice or statement where rate increase or fee is 29 00:03:07,200 --> 00:03:12,240 charged. 100% of the increase in rates or fees referenced above shall be used to pay 30 00:03:12,240 --> 00:03:21,880 off the reference debt." So some kind of basics on municipal debt. The city utilizes long-term 31 00:03:21,880 --> 00:03:28,120 debt to finance non-operating expenses, which can include equipment, facilities, and acquisition 32 00:03:28,120 --> 00:03:34,000 of land. And all debt issued by the city must be approved by the Texas attorney general's 33 00:03:34,000 --> 00:03:40,100 office prior to the final sale of the debt. There are two types of long-term debt that 34 00:03:40,100 --> 00:03:48,640 the city uses, general obligation debt, which includes COs and GOs. GOs are what you typically 35 00:03:48,640 --> 00:03:56,200 call a bond. They are approved by the voters and have the financial maturity of 20 years 36 00:03:56,200 --> 00:04:04,960 or less. And then COs, certificates of obligation, do not require voter approval. And some examples 37 00:04:04,960 --> 00:04:11,440 of the pledge revenue that backs those are electric, water, wastewater, and they strive 38 00:04:11,440 --> 00:04:18,960 to have a final maturity of 30 years or less. And then there's also revenue bond debt, which 39 00:04:18,960 --> 00:04:28,520 is secured by pledge, typically of the city's utility system. And those strive to have a 40 00:04:28,520 --> 00:04:35,920 final maturity of 30 years or less as well. Some of the relevant statutes, state statutes 41 00:04:35,920 --> 00:04:45,680 that apply to municipal debt. The Texas Constitution has a section that covers truth and taxation. 42 00:04:45,680 --> 00:04:52,080 Like the federal government, cities are not able to, cities have to have debt be funded. 43 00:04:52,080 --> 00:05:00,640 They can't have unfunded debt. And then additionally, the Texas Tax Code requires that municipalities 44 00:05:00,640 --> 00:05:08,000 collect a portion of CO debt paid for by taxes each year, and the county is required to verify 45 00:05:08,000 --> 00:05:13,920 that amount. So there's some accountability within the city and the county there as well. 46 00:05:13,920 --> 00:05:21,840 Texas Government Code has a couple of sections. One requires reporting for debt obligations. 47 00:05:21,840 --> 00:05:28,640 Those posts have to be described in newspaper at least 30 days before, and they have to 48 00:05:28,640 --> 00:05:35,200 describe the purpose, amount, method of repayment, and what the city council vote on those items 49 00:05:35,200 --> 00:05:42,600 was. And then the other one defines what COs can be issued for, which is typically Public 50 00:05:42,600 --> 00:05:53,200 Works related items, construction, buildings, plans, rights of way. And then just some considerations 51 00:05:53,200 --> 00:05:59,520 on this item. COs are most commonly used for long-term, large-scale projects, which have 52 00:05:59,520 --> 00:06:07,760 a debt service span of up to 30 years. So when we're looking at potentially having a 53 00:06:07,760 --> 00:06:14,880 debt issued and a rate increased, that debt will not be paid off for 30 years. The cost 54 00:06:14,880 --> 00:06:21,120 of that debt looks differently in 30 years, right? And our finance team can speak more 55 00:06:21,120 --> 00:06:27,920 to that more eloquently than I can. State laws and existing city policies require transparency 56 00:06:27,920 --> 00:06:35,320 and truth in taxation and promote accountability to taxpayers. And the city's website provides 57 00:06:35,320 --> 00:06:40,040 information regarding the city's budget and budget process, including debt obligations. 58 00:06:40,040 --> 00:06:52,280 And I can show y'all. So this is on the city website, and it has all sorts of information 59 00:06:52,280 --> 00:06:58,120 and links about our historical bond projects, all of the different debt reports that were 60 00:06:58,120 --> 00:07:08,440 required to have by state law, as well as some tables on what our debt looks like. So 61 00:07:08,440 --> 00:07:16,040 with that, I will take any questions you have and bring up our finance. 62 00:07:16,040 --> 00:07:21,080 Commissioner Davis. So I really don't want to drag us too far in the weeds of city finance, 63 00:07:21,080 --> 00:07:30,520 but I think it'd be helpful for us to know, because the language is taxes and rates. So 64 00:07:30,520 --> 00:07:37,600 could we get a little bit of information about the difference between the M&O tax rate and 65 00:07:37,600 --> 00:07:42,480 the debt service tax rate, that our tax rate has different components to it, that it's 66 00:07:42,480 --> 00:07:48,480 not just every year you have a set amount. Anyway, some information on that. And then 67 00:07:48,480 --> 00:07:55,080 also, I think in fact, it's mentioned, if you can scroll up just a little bit on this, 68 00:07:55,080 --> 00:08:01,560 the difference between debt that we are paying off as taxpayers, and debt that we're paying 69 00:08:01,560 --> 00:08:08,360 off as ratepayers to the utilities, the utility debt, and how those are a little different 70 00:08:08,360 --> 00:08:12,040 from each other and might be impacted differently by something like this. 71 00:08:12,040 --> 00:08:25,720 One of you guys want to come up and join us? I mean, you came all this way. 72 00:08:25,720 --> 00:08:31,240 Well, good evening, Matt Hamilton, budget manager for the city. I appreciate the question. 73 00:08:31,240 --> 00:08:39,400 It's a great question. So there's two components to the property tax rate. One component of 74 00:08:39,400 --> 00:08:44,000 it is called the M&O, the maintenance and operation rate. And the other component is 75 00:08:44,000 --> 00:08:51,640 called the INS or debt rate, which stands for interest in sinking fund. So the M&O side 76 00:08:51,640 --> 00:08:58,760 of the rate funds daily operations. This is personnel, this is materials and supplies. 77 00:08:58,760 --> 00:09:05,640 The other piece of the rate, that INS rate, funds what's called the debt service. And 78 00:09:05,640 --> 00:09:17,200 debt service is the payment that we make for the debt that we have financed. So the INS 79 00:09:17,200 --> 00:09:25,520 rate is determined by all the outstanding debt, both GOs and COs, that the city has 80 00:09:25,520 --> 00:09:30,480 issued in the prior fiscal year, because in that next fiscal year is when that debt service 81 00:09:30,480 --> 00:09:41,000 starts. So the debt service side of the rates cannot be used for any kind of operational 82 00:09:41,000 --> 00:09:48,880 expense and vice versa. So there's really two components to that total tax rate that 83 00:09:48,880 --> 00:09:55,760 you see on your property tax bill. Now, what that rate does not pay for are revenue bonds 84 00:09:55,760 --> 00:10:05,040 and revenue bonds are issued by the utility to fund utility projects. And revenue bonds 85 00:10:05,040 --> 00:10:13,720 are secured by that specific revenue stream of the utility. Now, what you'll see is that 86 00:10:13,720 --> 00:10:22,080 in CO issuance, the utilities are included. What happens internally within the city is 87 00:10:22,080 --> 00:10:28,680 that the utilities make a transfer to pay that debt service. So it is the utilities 88 00:10:28,680 --> 00:10:36,520 who are paying all the debt service associated with their utility projects that is not calculated 89 00:10:36,520 --> 00:10:42,200 into that INS. So when we do the calculation with the county for the INS portion of the 90 00:10:42,200 --> 00:10:47,840 tax rate, the debt portion of the tax rate, we exclude everything that is determined to 91 00:10:47,840 --> 00:10:59,580 be self-supporting, which is the utility component of that. So all that is part of the property 92 00:10:59,580 --> 00:11:10,960 tax bill calculation is only the general government CEOs and NGOs. There's not a utility component 93 00:11:10,960 --> 00:11:16,120 associated with it. Yeah. So I just want to dive straight into the charge of this and 94 00:11:16,120 --> 00:11:24,000 find out how it affects our budgeting process. So I have two questions. One, when we retire 95 00:11:24,000 --> 00:11:31,480 these debts or obligations, does it ever really happen that we would leave that rate there 96 00:11:31,480 --> 00:11:38,080 for an obligation that no longer exists? And two, what would be the substantive effect 97 00:11:38,080 --> 00:11:45,280 on our budgeting process of implementing something like this? Yep. So that's a great question. 98 00:11:45,280 --> 00:11:52,560 And just to back up a little bit, when we budget, let's just say utility, but it could 99 00:11:52,560 --> 00:11:59,200 be any funder department, there's really two sides to it. One is the revenue side and one 100 00:11:59,200 --> 00:12:08,920 is the expenditure side. And what we determine based on all the components, all the lines 101 00:12:08,920 --> 00:12:17,220 in those two groups is what revenue would be required to meet our obligations and that 102 00:12:17,220 --> 00:12:29,040 level of service. So what that means is that when a debt matures, and as you saw on the 103 00:12:29,040 --> 00:12:36,960 slide, we usually issue debt for 10 to 20 years. So if a debt matured, let's say this 104 00:12:36,960 --> 00:12:48,640 coming fiscal year in 2025, it was probably issued in 2005 or 2015, let's say. So all 105 00:12:48,640 --> 00:12:56,920 else being equal, that rate would go lower because assuming no change in the revenue 106 00:12:56,920 --> 00:13:02,520 and no change in any other expenditures. In other words, that's already happening. Like 107 00:13:02,520 --> 00:13:08,440 it's going down if the obligations met. It would, yes. And the reason is because the 108 00:13:08,440 --> 00:13:16,200 utilities do not budget it to make a profit and neither does the city. And so we budget 109 00:13:16,200 --> 00:13:27,120 to have revenues equal expenditures and that's it. So there's a lot of pieces in there that 110 00:13:27,120 --> 00:13:39,360 move. So a debt could mature and maybe revenues are higher outside of rate revenue. Maybe 111 00:13:39,360 --> 00:13:47,400 it's interest income, for example, that adds a little bit more revenue. So in addition 112 00:13:47,400 --> 00:13:53,840 to the debt maturing, you also have this other increase in revenue as well that helps rates. 113 00:13:53,840 --> 00:14:03,760 Conversely, if there was a new expenditure need, maybe a change in regulation, something 114 00:14:03,760 --> 00:14:11,360 that was different from the prior year, that debt could mature, but there would be a need 115 00:14:11,360 --> 00:14:22,080 either operationally or the need to issue debt for a new project or infrastructure that's 116 00:14:22,080 --> 00:14:31,760 needed. So as an example, it might be the case that Dent Municipal Electric has some 117 00:14:31,760 --> 00:14:37,600 CEO roll off their balance sheet, they paid it off. But then the state comes and says, 118 00:14:37,600 --> 00:14:43,400 oh, our transmission costs have gone up. And DME looks at its books and says, well, we 119 00:14:43,400 --> 00:14:48,200 weren't paying $2 million a year on that CEO. And the state has just told us our transmission 120 00:14:48,200 --> 00:14:54,040 costs are going to be $2 million higher. So even though the rate might not go down, there 121 00:14:54,040 --> 00:14:59,880 would be, in effect, $2 million in savings because had that CEO not been retired at that 122 00:14:59,880 --> 00:15:11,320 time, they would have had to pass that cost on. So there may be no apparent change in 123 00:15:11,320 --> 00:15:18,080 the rate or the tax to the consumer. I say, oh, my bill has not changed and the debt went 124 00:15:18,080 --> 00:15:22,720 off the books, so why hasn't my bill dropped? But the reason for that might be that there 125 00:15:22,720 --> 00:15:27,640 are new costs. And so I'm still saving money versus the scenario where the debt didn't 126 00:15:27,640 --> 00:15:32,280 roll off the books and they would have had to add that additional charge. 127 00:15:32,280 --> 00:15:43,640 So just, I guess, specifically to the details that you provided, there's a couple of different 128 00:15:43,640 --> 00:15:57,460 rates within DME. The TCRF and the ECA would be calculated differently than base rates. 129 00:15:57,460 --> 00:16:04,760 So all else being equal, the maturity of debt and not having to pay that debt service anymore 130 00:16:04,760 --> 00:16:12,960 would impact the base rates. And there would not be a need to increase rates and the potential 131 00:16:12,960 --> 00:16:17,920 to lower rates. Commissioner Dix? 132 00:16:17,920 --> 00:16:25,120 So on the tax rate side, on the property tax side, it's pretty straightforward when council 133 00:16:25,120 --> 00:16:30,280 approves a new tax rate. There's usually a historical graph provided and we could see, 134 00:16:30,280 --> 00:16:35,560 well, our INS or debt service rate has been this for the last however many years and our 135 00:16:35,560 --> 00:16:41,480 M&O rate, the park council is usually, you know, debating over and budgeting on, is the 136 00:16:41,480 --> 00:16:47,840 other side of the rate. And I'm going to kind of leave aside for a second, the council taking 137 00:16:47,840 --> 00:16:52,920 the opportunity to fill the rate, like when the debt service rate goes down, saying, oh, 138 00:16:52,920 --> 00:16:57,120 well, folks are used to a 59 cent tax, well, then we can fill the rest of that rate with 139 00:16:57,120 --> 00:17:03,040 M&O and it's not really going to hurt anybody. It's really transparent when that takes place, 140 00:17:03,040 --> 00:17:09,160 when they do just like find some costs to, to necessitate filling the rest of that rate, 141 00:17:09,160 --> 00:17:15,120 even though the debt service rate came down. If I'm worried about that on the utility side, 142 00:17:15,120 --> 00:17:20,160 where it's not so straightforward, where I can't just find one council's slide presentation 143 00:17:20,160 --> 00:17:25,560 and kind of see what those rates are, how do I as a citizen figure out what part of 144 00:17:25,560 --> 00:17:30,800 my, you know, so DMH is talking about a rate increase, right? How do I know what part of 145 00:17:30,800 --> 00:17:36,320 that rate increase is debt service? What part of that is, hey, we got a little wiggle room 146 00:17:36,320 --> 00:17:40,360 in the rate because our debt service went down this year. We can take a little more, 147 00:17:40,360 --> 00:17:46,320 you can fill that rate just a little bit with some other stuff. How do I watch that and 148 00:17:46,320 --> 00:17:58,320 how is that made transparent to citizens? Yeah. So, you know, we don't have a comparable 149 00:17:58,320 --> 00:18:09,320 slide, I guess, or chart. The data is there, you know, to break out the debt service. And 150 00:18:09,320 --> 00:18:15,240 we do show, you know, that through the budgeting process as it goes through PUB and then, and 151 00:18:15,240 --> 00:18:23,520 then council and then in the budget book. So, you know, the debt service would be that 152 00:18:23,520 --> 00:18:30,360 proportional component of the total budget. And in the case of DME, we would need to exclude 153 00:18:30,360 --> 00:18:36,720 the other revenues. So, you know, the information is there. There may be an opportunity for 154 00:18:36,720 --> 00:18:43,480 us to put together, you know, a graphic and some information to share with the public 155 00:18:43,480 --> 00:18:50,680 on, you know, what piece of the, you know, utility rate goes kind of to what function 156 00:18:50,680 --> 00:18:56,160 of that utility. That's something we could look at. It sounds like right now the best 157 00:18:56,160 --> 00:19:02,800 information available is, you know, that massive proforma that DME presents during the budgeting 158 00:19:02,800 --> 00:19:07,560 process with all the little breakouts and things. But there might be an opportunity 159 00:19:07,560 --> 00:19:13,680 in the future to, you know, and they do a good job explaining the basic breakdown rate, 160 00:19:13,680 --> 00:19:18,680 but there might be an opportunity in the future to kind of make that more transparent. Yeah. 161 00:19:18,680 --> 00:19:28,840 And something that is not as detailed as the proforma that's shared is the budget book 162 00:19:28,840 --> 00:19:34,920 that's produced. And that does, you know, have the various lines that are a little easier 163 00:19:34,920 --> 00:19:43,960 to, it's more reader friendly, I think. But something in terms of a, you know, just kind 164 00:19:43,960 --> 00:19:52,440 of a one page here's, you know, where the dollars go, that's something we could look 165 00:19:52,440 --> 00:19:53,440 at. 166 00:19:53,440 --> 00:19:54,440 Mr. Ransky. 167 00:19:54,440 --> 00:19:58,440 Okay, if I'm understanding this correctly, and I'm going to use some numbers, I know 168 00:19:58,440 --> 00:20:12,320 they don't have any accuracy, but say my bill is 95 cents a kilowatt hour. Out that 95 cents, 169 00:20:12,320 --> 00:20:23,080 50 cents goes to the actual generation and function in that for my receiving my electricity. 170 00:20:23,080 --> 00:20:35,080 The other 45 cents is going in for debt reduction. At the, I think what this proposal suggestion 171 00:20:35,080 --> 00:20:43,080 is, is there be a mechanism on the billing to assist people to realize that when they're 172 00:20:43,080 --> 00:20:54,880 paying 95 cents, 50 cents is going to the day to day, 45 cents is going for debt reduction. 173 00:20:54,880 --> 00:21:06,280 It might be then depending on how many bonds or that they're recovering to break that out 174 00:21:06,280 --> 00:21:16,920 as to when said debt would be retired. Then if I hear correctly, if 20 cents of that 45 175 00:21:16,920 --> 00:21:29,760 cents is retired, one can then transfer that over to help pick up that the fact that that 176 00:21:29,760 --> 00:21:39,720 50 cents no longer covers the generation. And if that's the case, is that not inappropriate 177 00:21:39,720 --> 00:21:49,840 because you're taking what had been utilized to pay off a debt and you're reassigning it 178 00:21:49,840 --> 00:22:00,840 to your day to day operations. And my understanding is that the quote, "two shall not mix like 179 00:22:00,840 --> 00:22:12,560 oil and water" unless residents are notified and whatever other legal processes have to 180 00:22:12,560 --> 00:22:25,000 be taken care of. And I would infer that the same would apply to managing the cities day 181 00:22:25,000 --> 00:22:34,640 to day versus paying off a debt. 182 00:22:34,640 --> 00:22:48,440 So a couple of things. The rate that the utilities charge is not unlike on the property tax side 183 00:22:48,440 --> 00:22:58,720 where there is a specific INS and O&M or M&O rate. And those dollars do not get mixed. 184 00:22:58,720 --> 00:23:09,080 On the utility side, there is not an INS portion of your utility bill. As a resident when you 185 00:23:09,080 --> 00:23:16,940 receive a bill and let's say it's $10, you're absolutely right. Some portion of that is 186 00:23:16,940 --> 00:23:24,640 and you'll see it on the bill for the transmission cost recovery and the ECA and then your base 187 00:23:24,640 --> 00:23:32,760 rates. So outside of the transmission and energy charges, that base rate is going to 188 00:23:32,760 --> 00:23:41,400 cover all the operational expenses, which includes debt service of the utility. So personnel 189 00:23:41,400 --> 00:23:51,760 materials and supplies, the debt service, the payments that are made for services within 190 00:23:51,760 --> 00:24:06,480 the city or technology, for example. So when the utility issues debt, and let's say it's 191 00:24:06,480 --> 00:24:17,680 for a large project, there's not a specific fee associated with that project that would 192 00:24:17,680 --> 00:24:31,100 stay fixed over some period of time. And the reason is because on the revenue side, customer 193 00:24:31,100 --> 00:24:36,960 accounts are going to change, other expenditure lines will change, other revenue lines will 194 00:24:36,960 --> 00:24:52,440 change. So that's going to change that percentage of where your, in the example, $10 goes. 195 00:24:52,440 --> 00:25:06,440 If I may interrupt to take it further, I understand that what I'm looking for is a more definitive 196 00:25:06,440 --> 00:25:22,500 line item notated on the electric bills so that the people who move in know when they're 197 00:25:22,500 --> 00:25:31,880 looking at what their expenditures are, how much is really going to pay for the electric 198 00:25:31,880 --> 00:25:40,680 generation, your staff and that, versus how much is going because you, and I'm just going 199 00:25:40,680 --> 00:25:48,240 to pick on this, I know that it was that, to build the beautiful wall fake buildings 200 00:25:48,240 --> 00:25:56,960 at the corner of Oak and Hickory when you come in off of 35. Because that is a capital 201 00:25:56,960 --> 00:26:07,080 expense that would come out of your bond portion or that of your revenue. But people ought 202 00:26:07,080 --> 00:26:19,400 to be able to look at, rather than going on a website and have to find it out. I've interacted 203 00:26:19,400 --> 00:26:30,320 with groups of people who when you continually tell them to go to the website, they had difficulties. 204 00:26:30,320 --> 00:26:37,040 So that was where I was coming from. A more thorough, elaborate line item. 205 00:26:37,040 --> 00:26:49,640 Could you just clarify, are you suggesting that the, I'm sorry, could we go back to the 206 00:26:49,640 --> 00:27:11,760 slide with this particular commission charge? So the charge that we're discussing is specifically 207 00:27:11,760 --> 00:27:17,080 when debtors retire, does that should be added to the invoice or statement? Is that what 208 00:27:17,080 --> 00:27:21,920 you're meaning to say or that there should always be a line item? Because I believe that 209 00:27:21,920 --> 00:27:28,960 that may be off-posting if you're suggesting that there is just a constant line item. 210 00:27:28,960 --> 00:27:39,440 Well, if you're asking for, and perhaps I'm understanding it incorrectly, that you want 211 00:27:39,440 --> 00:27:50,920 to notify your citizens, your businesses about retiring debts and obligations, and then whenever 212 00:27:50,920 --> 00:28:00,960 increases or rate, they'll have the estimated dates recorded. And in order to have that, 213 00:28:00,960 --> 00:28:08,920 you'd have to have a line item at some point in time. Perhaps I'm totally wrong on that. 214 00:28:08,920 --> 00:28:16,440 But how are you going to notify that that has been done? 215 00:28:16,440 --> 00:28:24,320 I'm going to put a posting in the Debt and Record Chronicle that says, "Okay, on October 216 00:28:24,320 --> 00:28:37,920 23rd of 1990, we are retiring this debt that we came up with, and such and such. In today's 217 00:28:37,920 --> 00:28:50,080 computer age, it should be easy enough to elaborate by line item, the expenses." 218 00:28:50,080 --> 00:28:58,840 So the city does publish the maturity dates and current debt portfolio for all the issuances 219 00:28:58,840 --> 00:29:11,880 online, and it's also in various documents that the city publishes. Just one item that 220 00:29:11,880 --> 00:29:20,840 I want to note is, as we began the conversation, we were talking a little bit about debt maturing 221 00:29:20,840 --> 00:29:29,320 and debt issuance. So just to be aware that it may be the case that debt would mature 222 00:29:29,320 --> 00:29:37,240 and debt would be issued, and would that then be a notification when there is no change 223 00:29:37,240 --> 00:29:52,240 or the rate still decreases? So where I'm going is just that there's a lot of factors 224 00:29:52,240 --> 00:30:01,160 that go into both the budgeting process, both in terms of various revenues and various expenses, 225 00:30:01,160 --> 00:30:11,720 that a rate increase may or may not be due to debt. It may simply be due to lower revenue 226 00:30:11,720 --> 00:30:18,680 or higher operational expenses. It's variable. 227 00:30:18,680 --> 00:30:21,720 Commissioner Mujiguera. 228 00:30:21,720 --> 00:30:29,840 So I'd like to bring this back into the charge on its face, which is just about kind of forcing 229 00:30:29,840 --> 00:30:35,840 these decreases, which you said are already happening automatically. So I think you kind 230 00:30:35,840 --> 00:30:39,920 of got really, really close to saying this, and I'm not asking you to have an opinion 231 00:30:39,920 --> 00:30:45,640 on this matter, but I have some real concerns that this is going to hamstring council and 232 00:30:45,640 --> 00:30:51,600 staff in making some really wonky budget decisions. I understand that the intention behind this 233 00:30:51,600 --> 00:30:57,560 is pro-tax payer, and I think we're all concerned about the rates going up, but are there some 234 00:30:57,560 --> 00:31:02,320 unintended consequences of this kind of language, the way it's written, when we're already doing 235 00:31:02,320 --> 00:31:08,320 this effectively, putting this in charter language and creating some really unique or 236 00:31:08,320 --> 00:31:19,240 challenging budget schemes that don't have the intended effect of saving any of us any 237 00:31:19,240 --> 00:31:20,240 money? 238 00:31:20,240 --> 00:31:31,000 I certainly think that there would be some questions and challenges, as I mentioned, 239 00:31:31,000 --> 00:31:40,480 particularly in terms of is it the debt dollar that is prompting the increase, or is it the 240 00:31:40,480 --> 00:31:47,320 operational dollar that's prompting the increase? Because in the financials, right, we have 241 00:31:47,320 --> 00:32:02,960 a $2 increase, and which dollar is it? And so it may be a question as to how that's reported. 242 00:32:02,960 --> 00:32:13,160 There's a number of issuances that are already outstanding. As with all the utilities, a 243 00:32:13,160 --> 00:32:21,640 number of infrastructure needs, as the city grows, as infrastructure ages, as regulation 244 00:32:21,640 --> 00:32:39,720 changes, and so there's sort of the practicality on a bill, how to visualize or put that there, 245 00:32:39,720 --> 00:32:50,680 and then if that dollar were determined somehow. So I think there's probably some challenges 246 00:32:50,680 --> 00:32:58,840 that we need to overcome in order to do that. And as far as the budgeting process itself, 247 00:32:58,840 --> 00:33:08,080 I wouldn't imagine it would have a significant impact. But that would be... 248 00:33:08,080 --> 00:33:11,200 I understand. Thank you. You can be determined. 249 00:33:11,200 --> 00:33:16,880 So correct me if I'm wrong, but it can often be the case that capital expenditures might 250 00:33:16,880 --> 00:33:24,000 save maintenance and operational expenditures. So it might be that, say, DME puts a capital 251 00:33:24,000 --> 00:33:31,000 item in the budget for like self-restarting credits. And that's a capital expenditure. 252 00:33:31,000 --> 00:33:35,600 But then because they install these, they are able to go and reduce their maintenance 253 00:33:35,600 --> 00:33:40,680 and operations expenditure on having to send crews out every time a line gets touched by 254 00:33:40,680 --> 00:33:51,920 a branch. So it might be that this forces emphasis or onto these expenses, these debt 255 00:33:51,920 --> 00:33:56,520 expenses, when in fact those debt expenses might be saving us on the maintenance and 256 00:33:56,520 --> 00:34:00,760 operations side. Yeah. I mean, one example that comes to mind, 257 00:34:00,760 --> 00:34:07,040 and it doesn't fully recover it, but think about a vehicle. And the vehicle, when it's 258 00:34:07,040 --> 00:34:12,600 new, you have very little maintenance cost associated with it. But if the vehicle is 259 00:34:12,600 --> 00:34:20,360 10 or 20 or longer, we don't have any 30-year vehicles. But I'm thinking infrastructure, 260 00:34:20,360 --> 00:34:29,520 the age of the infrastructure certainly has a maintenance cost, operating cost associated 261 00:34:29,520 --> 00:34:39,160 with it. Particularly as within the utility, we look at infrastructure with older technology. 262 00:34:39,160 --> 00:34:47,760 It may have parts that are more difficult to replace and maintain, harder to source. 263 00:34:47,760 --> 00:34:56,600 So there, to your point, there are operational savings depending on what's being replaced. 264 00:34:56,600 --> 00:35:03,400 Right. We are over time on this item already. Do I have more questions? Commissioner Davis? 265 00:35:03,400 --> 00:35:11,640 I'm sure I move that we do not recommend this language to the City Council. I'll second 266 00:35:11,640 --> 00:35:15,680 that. All right. Motion to second. Any discussion? 267 00:35:15,680 --> 00:35:21,040 Sure. So I made my motion not because I don't think 268 00:35:21,040 --> 00:35:25,800 it's a good idea. I think transparency is always a good idea. And I think helping people 269 00:35:25,800 --> 00:35:31,280 understand the City budgeting process is a good idea. But as presented, it's just not 270 00:35:31,280 --> 00:35:37,400 especially practical. One reason is from what we heard, that's not really the way that those 271 00:35:37,400 --> 00:35:43,000 rates work. That it's a little bit that way on the property tax rate. But when you get 272 00:35:43,000 --> 00:35:48,520 over to the utility side and the other revenue bonds, it just doesn't, that's not the way 273 00:35:48,520 --> 00:35:52,160 that the debt service works. And it's not the way the rates are set. And if the information 274 00:35:52,160 --> 00:35:56,720 is available to citizens in other ways, even if they're imperfect. The other reason though 275 00:35:56,720 --> 00:36:02,160 too is from a practical perspective, when you get your tax statement, it doesn't come 276 00:36:02,160 --> 00:36:08,600 from the city of Denton. Right. So the city of Denton really can't tell the county or 277 00:36:08,600 --> 00:36:17,320 the appraisal district or whoever's your particular piece of information is coming from what, 278 00:36:17,320 --> 00:36:23,040 you can't impose upon them a 50 line long list of all the different bond obligations 279 00:36:23,040 --> 00:36:28,080 we've got. And that's the other part of it is even on our own side, on our own power 280 00:36:28,080 --> 00:36:33,320 bills, and this is going to be a very popular answer, but there are simply too many debt 281 00:36:33,320 --> 00:36:39,360 obligations to list on any particular piece of paper. It doesn't sound great. The city 282 00:36:39,360 --> 00:36:44,080 has that kind of debt, but our individual debt obligations are just too numerous to 283 00:36:44,080 --> 00:36:49,040 list. How many spreadsheets, you don't have to answer. It takes a bunch of spreadsheets 284 00:36:49,040 --> 00:36:54,000 if you go to the city website to even list individual obligations we have. And they change 285 00:36:54,000 --> 00:36:59,080 all the time. We'll read, we'll, we'll pay some off with a newer shorter term thing or 286 00:36:59,080 --> 00:37:02,200 a better rate. And we're just, we're moving money around all the time. There's just not 287 00:37:02,200 --> 00:37:07,000 a good practical way to do what this very well-intentioned thing is. So that's why I 288 00:37:07,000 --> 00:37:08,000 made my motion. 289 00:37:08,000 --> 00:37:16,040 I would say that's no different than any large organization. If you ask any company to say 290 00:37:16,040 --> 00:37:20,520 does every individual piece of equipment over a certain amount of money is capitalized which 291 00:37:20,520 --> 00:37:25,720 takes that debt service you're talking about. So it would be thousands and thousands of 292 00:37:25,720 --> 00:37:33,560 pages of individual debt service to account for, right? So it's just, it's not practical. 293 00:37:33,560 --> 00:37:40,200 It's not just the city. That's if you have a business, it's capital works that way. 294 00:37:40,200 --> 00:37:43,880 Commissioner Johnson, you came in late. Do you have any clarifying questions? 295 00:37:43,880 --> 00:37:44,880 No, no. 296 00:37:44,880 --> 00:37:45,880 Okay. 297 00:37:45,880 --> 00:37:57,080 All right. I will now call a vote on Commissioner Davis's motion that we do not recommend to 298 00:37:57,080 --> 00:38:04,160 Council. Can I say the attached language? All right. All those in favor, please raise 299 00:38:04,160 --> 00:38:06,280 your right hand and say aye. 300 00:38:06,280 --> 00:38:07,280 Aye. 301 00:38:07,280 --> 00:38:13,440 Believe that that is unanimous. All right. Everybody who is opposed, please raise your 302 00:38:13,440 --> 00:38:21,680 right hand and say nay. All right. We are not recommending any changes on that. That 303 00:38:21,680 --> 00:38:30,080 brings us to our next item. D, number CRC24-034. Receive a report, hold a discussion, give 304 00:38:30,080 --> 00:38:34,320 staff direction on adding language to the charter that requires the posting, posting 305 00:38:34,320 --> 00:38:39,520 the amount of money of an adequate contributions to fund pension or retirement plans required 306 00:38:39,520 --> 00:38:52,440 to fund pension. Okay. Thank you. So just a quick primer on City of Denton pension. The 307 00:38:52,440 --> 00:38:58,000 city participates in two pension plans, the Texas Municipal Retirement System, TMRS, which 308 00:38:58,000 --> 00:39:04,040 is a agent multiple employer, traditional joint contributory. I don't know how to say 309 00:39:04,040 --> 00:39:12,040 that, hybrid defined benefit plan, which is all of our city employees, including police. 310 00:39:12,040 --> 00:39:18,000 And then the fire department has its own Denton Firemen's Relief and Retirement Fund, which 311 00:39:18,000 --> 00:39:27,200 is a single employer contributory plan. So a couple of definitions. Funded ratio is the 312 00:39:27,200 --> 00:39:34,720 ability of the plan's current assets to cover promised benefits. And the amortization period 313 00:39:34,720 --> 00:39:39,600 is the length of time required to pay off the plan's current pension benefits earned 314 00:39:39,600 --> 00:39:45,880 to date, plus an unfunded liability based on current contributions. And the pension review 315 00:39:45,880 --> 00:39:51,960 board of the state of Texas recommends an amortization period of no more than 30 years, 316 00:39:51,960 --> 00:39:59,400 with 10 to 25 years being the more preferable target. And then this is just a brief summary 317 00:39:59,400 --> 00:40:06,760 of Denton's current pension plans. As you can see, the TMRS one, we are at an 85.3% 318 00:40:06,760 --> 00:40:18,880 funding funded ratio and a 13.5 year amortization period, which is within the 10 to 25 years 319 00:40:18,880 --> 00:40:24,520 being the more preferable target, as well within that. And then the firefighters plan 320 00:40:24,520 --> 00:40:39,360 is 98.66% funded ratio and a 9.1 amortization period. Some of the relevant statutes, the 321 00:40:39,360 --> 00:40:45,520 Texas government code has a whole section dedicated to TMRS that sets all of the definitions 322 00:40:45,520 --> 00:40:54,880 and rules for it. And then it also is mandated to have a Texas Pension Review Board, which 323 00:40:54,880 --> 00:41:00,360 oversees all of the public retirement systems, both state and local, in regard to their actuarial 324 00:41:00,360 --> 00:41:05,760 soundness and compliance with state reporting requirements. We have a lot of requirements 325 00:41:05,760 --> 00:41:12,120 from the Texas Pension Review Board that we have to follow as well. Some considerations 326 00:41:12,120 --> 00:41:20,080 on this item, and our finance team can speak more to this as well, but state laws and existing 327 00:41:20,080 --> 00:41:31,560 policies require publication and transparency and pension plans. And our website landing 328 00:41:31,560 --> 00:41:36,740 page for the pension plans has all of that information that I've already given you. And 329 00:41:36,740 --> 00:41:49,560 then you can click into either one of these and view the rate of return, as well as all 330 00:41:49,560 --> 00:42:02,240 of the actuarial value assets and contribution rates. And then the Comptroller, we report 331 00:42:02,240 --> 00:42:11,120 all of this to the Comptroller so you can also go and look up any public pension here 332 00:42:11,120 --> 00:42:19,560 and see where it's at. So with that, I will yield for questions. 333 00:42:19,560 --> 00:42:27,480 So if I'm understanding this correctly, the city is already required to post our contribution 334 00:42:27,480 --> 00:42:33,800 status? Yes. I think that was the same question. It 335 00:42:33,800 --> 00:42:41,760 just may be a different way. So we're basically already doing this by state law. Is that true? 336 00:42:41,760 --> 00:42:53,640 Yes. And I'll confirm with finance. Yeah, yes. It looks like it is. We have a pension 337 00:42:53,640 --> 00:43:01,000 initiative and it looks very similar to what we have to do. 338 00:43:01,000 --> 00:43:07,480 Matt Hamilton, Budget Manager. We do publish this information and we do report it to the 339 00:43:07,480 --> 00:43:15,280 state as well, as Christie had shown. And that is legally required by state law? 340 00:43:15,280 --> 00:43:21,560 I believe so. Yes, the Comptroller requires that and we put it on the website as part 341 00:43:21,560 --> 00:43:25,000 of what the Comptroller requires. Commissioner Beresma. 342 00:43:25,000 --> 00:43:31,400 I don't feel like we need to discuss this anymore. Go ahead and make the motion to not 343 00:43:31,400 --> 00:43:35,880 pass this charge forward to the city council. I'll second that. 344 00:43:35,880 --> 00:43:41,540 Motion by Commissioner Beresma, second by Commissioner Kirkpatrick. Any further discussion? 345 00:43:41,540 --> 00:43:43,520 I just have a quick question. Commissioner Fikes. 346 00:43:43,520 --> 00:43:52,280 So the way the charge is read is it inadequate contributions to fund the pension. So would 347 00:43:52,280 --> 00:43:58,960 the inadequate contribution be defined as one minus the funded ratio? 348 00:43:58,960 --> 00:44:15,280 So that's a really good question. This funded ratio, this is taking a look at the plan's 349 00:44:15,280 --> 00:44:23,600 current assets versus what the promised future benefits are. So current assets are going 350 00:44:23,600 --> 00:44:31,360 to fluctuate based on the market value currently. So if we had everyone in the city retire tomorrow, 351 00:44:31,360 --> 00:44:42,880 we could pay the MRS 85.3% of those benefits. Now that doesn't mean that when individuals 352 00:44:42,880 --> 00:44:51,080 retire they're only going to receive 85%. What it's saying is that based on the actuarial 353 00:44:51,080 --> 00:45:04,520 analysis, and our contribution rate, it's going to take 13.5 years to reach 100% based 354 00:45:04,520 --> 00:45:08,600 on our current future liabilities. 355 00:45:08,600 --> 00:45:15,720 So yes, the current unfunded portion would be in that case one minus 0.853 which is 14.7%. 356 00:45:15,720 --> 00:45:25,360 Is that fair? As of today, yes, if everyone, yes, were to 357 00:45:25,360 --> 00:45:26,360 retire. 358 00:45:26,360 --> 00:45:29,440 And the only other question, why is there two separate ones? I've always heard that 359 00:45:29,440 --> 00:45:34,600 firefighters have their own, but what's the? 360 00:45:34,600 --> 00:45:39,960 I think that that was just a decision that was made a number of years ago, I want to 361 00:45:39,960 --> 00:45:50,180 say in the 1980s. And at that point, it was a decision whether or not to join TMRS. I 362 00:45:50,180 --> 00:45:56,800 could be mistaken on that, but I believe that's how that occurred. The TMRS contribution rates, 363 00:45:56,800 --> 00:46:05,400 I'll just add, are set by TMRS. The city doesn't decide whether to contribute more or less. 364 00:46:05,400 --> 00:46:14,040 That's based on the direction of TMRS. And then, as you'll see, the firefighter's pension 365 00:46:14,040 --> 00:46:23,600 is in really great shape, 98% funded, and we anticipate it will be 100% funded over 366 00:46:23,600 --> 00:46:28,880 the next, I think it was four years or so, so very close. 367 00:46:28,880 --> 00:46:35,760 So is that a product of different contribution rates between TMRS versus the firefighter 368 00:46:35,760 --> 00:46:42,520 fund, or is it a difference in the investment returns within the fund? 369 00:46:42,520 --> 00:46:52,880 Yeah, so I think it's, and I don't have the details on it, but I would presume that it 370 00:46:52,880 --> 00:46:59,200 has to do with the investment, that asset allocation mix that was used in the past. 371 00:46:59,200 --> 00:47:02,840 My gut tells me the same, that they're probably contributing the same amount. It's just the 372 00:47:02,840 --> 00:47:09,000 returns are different. I can tell you that the contributions rate 373 00:47:09,000 --> 00:47:15,320 matches TMRS. It is no lower than TMRS. The higher? 374 00:47:15,320 --> 00:47:24,760 In the past, I don't think it's by very much. 375 00:47:24,760 --> 00:47:28,840 Paralyzed with that. Refilling my water. 376 00:47:28,840 --> 00:47:34,120 Commissioner Remsky, do you have a question? Well, I don't know, but to kind of give an 377 00:47:34,120 --> 00:47:42,040 extra background on it, the gentleman commissioner that brought this up referenced it in fact 378 00:47:42,040 --> 00:47:50,600 of the news about the fact that Dallas's pension fund was really at a risk. And his comment 379 00:47:50,600 --> 00:47:57,200 and concern was whether or not the city of Denton could get caught. 380 00:47:57,200 --> 00:48:07,320 And if, this is probably not that you could answer, but if we've got the Texas government 381 00:48:07,320 --> 00:48:16,480 code in regard to pension systems, as well as the pension review board, how could Dallas, 382 00:48:16,480 --> 00:48:24,520 I mean I know we're not in Dallas, but how could Denton, if we switch it and say we were 383 00:48:24,520 --> 00:48:30,160 a Dallas group looking at that, and they would reference, oh boy, Denton's got this big up 384 00:48:30,160 --> 00:48:38,760 front. How close does this review board keep a track on things? 385 00:48:38,760 --> 00:48:49,080 Sorry, and absolutely cut me off if this is incorrect. My recollection of the controversy 386 00:48:49,080 --> 00:48:54,320 in Dallas has specifically to do with their police pension. And I, if I'm not mistaken, 387 00:48:54,320 --> 00:48:58,960 I may be, but I think that their police union made the same choice that our firefighters 388 00:48:58,960 --> 00:49:04,200 did years ago with a separate pension, that their police are not TMRS. I could be mistaken 389 00:49:04,200 --> 00:49:12,120 there, but TMRS, like Matt said, we don't control, it's a statewide system that we participate 390 00:49:12,120 --> 00:49:17,360 in. And that's why, unless the whole thing's going belly up, that's why Denton's pension 391 00:49:17,360 --> 00:49:21,640 fund isn't going to, for average employees and police, isn't going to go belly up. My 392 00:49:21,640 --> 00:49:26,720 recollection of Dallas is that they had a police pension fund that has been plagued 393 00:49:26,720 --> 00:49:31,680 with problems including mayhem, corruption, lots of different problems that our firefighter 394 00:49:31,680 --> 00:49:38,000 fund doesn't have and the TMRS is very carefully protected against. That's my recollection 395 00:49:38,000 --> 00:49:39,000 of the Dallas problem. 396 00:49:39,000 --> 00:49:45,200 Well, I appreciate that extra clarification because I would really hate to find out if 397 00:49:45,200 --> 00:49:52,600 you got a, you know, I know we don't control the state, but you know, the concern that 398 00:49:52,600 --> 00:50:01,320 it's sort of like being in a condominium and find out all of a sudden you've got to pay 399 00:50:01,320 --> 00:50:09,680 for a roof because nobody funded a contingency follow-through fund. So if you use that as 400 00:50:09,680 --> 00:50:12,680 comparison, I like it. 401 00:50:12,680 --> 00:50:33,760 So we have a motion on the floor to not recommend the aforementioned language to council. All 402 00:50:33,760 --> 00:50:39,680 those in favor of not recommending that language, or recommending no change to the language, 403 00:50:39,680 --> 00:50:47,560 please raise your right hand and say aye. All those opposed, all those opposed, please 404 00:50:47,560 --> 00:50:56,880 raise your right hand and say nay. We will now move on to item E, number CRC 24-035, 405 00:50:56,880 --> 00:51:02,880 to save a report, hold a discussion, give staff direction on adding language to the 406 00:51:02,880 --> 00:51:06,960 charter that requires reporting the amount of any unfunded mandate incurred by the city 407 00:51:06,960 --> 00:51:13,520 with information regarding the name of the mandate and the cost to the city complied. 408 00:51:13,520 --> 00:51:24,880 Thank you. So some relevant statutes on this item is, there actually is a definition, state 409 00:51:24,880 --> 00:51:32,560 definition of unfunded mandate. It is in the code starting in 1997. It means a requirement 410 00:51:32,560 --> 00:51:39,280 made by a statute enacted by the legislature that requires political subdivision to establish, 411 00:51:39,280 --> 00:51:45,120 expand, or modify an activity in any way that could require the expenditure of revenue by 412 00:51:45,120 --> 00:51:50,760 the political subdivision that would not have been required in the absence of the statutory 413 00:51:50,760 --> 00:51:56,760 provision. Interestingly enough, this piece of code exists in the state statute, but it 414 00:51:56,760 --> 00:52:03,560 has no application in any other part of the state, so I would say that it's still a little 415 00:52:03,560 --> 00:52:11,680 bit ambiguous what that means and what that would apply to in a state law situation. And 416 00:52:11,680 --> 00:52:18,920 then some considerations on this item, state law doesn't have any application to other 417 00:52:18,920 --> 00:52:27,040 statutes like I said, so that how we would define an unfunded mandate and then how also 418 00:52:27,040 --> 00:52:34,560 we would track its cost is not something that is already defined. It would be something 419 00:52:34,560 --> 00:52:43,120 that we would have to figure out either in this group or with staff at a later date. 420 00:52:43,120 --> 00:52:50,360 And then just some additional staff impact in conversations with our finance team and 421 00:52:50,360 --> 00:52:56,760 they can speak to this more as well. Existing finance and database systems do not have the 422 00:52:56,760 --> 00:53:02,600 operability that would support reporting or tracking unfunded mandates and manual tracking 423 00:53:02,600 --> 00:53:08,760 would require an estimated three to four hundred hours of staff time and roughly five to six 424 00:53:08,760 --> 00:53:17,480 people on our finance team. And implementation would require additional staffing and funding. 425 00:53:17,480 --> 00:53:24,600 Questions for staff. Commissioner Mungivar. So one could say that this amendment is an 426 00:53:24,600 --> 00:53:33,280 unfunded mandate on the city of death. How did we get there? One could say that. That's 427 00:53:33,280 --> 00:53:39,240 not that's not a dig. And I and I I've worked on the one side like I've I've heard the 428 00:53:39,240 --> 00:53:44,400 cries of cities and unfunded mandates and I don't like it. But we do have the Texas 429 00:53:44,400 --> 00:53:51,600 Municipal League. We do have organizations that track this stuff at a meta level. I don't 430 00:53:51,600 --> 00:53:57,200 know that there's really any value by asking the city of Denton to track this and put it 431 00:53:57,200 --> 00:54:03,080 out to the taxpayers. And I think that if there's any concerns that people have about 432 00:54:03,080 --> 00:54:08,720 taxpayer funded lobbying, like I mean, this borders on that. If we're giving that kind 433 00:54:08,720 --> 00:54:13,520 of information out, what else are we to do with it? But to hold our legislators accountable 434 00:54:13,520 --> 00:54:17,960 for putting those costs in our cities. And I think that's a real problem. But I don't 435 00:54:17,960 --> 00:54:24,600 know that there's really any need for our city to have all these extra staff hours spent 436 00:54:24,600 --> 00:54:29,920 working on this just to remind us that, yes, we are paying for stuff that we're not getting 437 00:54:29,920 --> 00:54:34,680 any money from the state legislature. I think we're all acutely aware of that fact. So I'm 438 00:54:34,680 --> 00:54:40,360 going to make a motion that we don't recommend this to council. Motion by Commissioner Montreguerra 439 00:54:40,360 --> 00:54:49,920 second by Commissioner Burisma. At what level? You said meta level or metal level? Meta like 440 00:54:49,920 --> 00:54:54,040 like they're like track like what does this cost the average city or like per dollar or 441 00:54:54,040 --> 00:54:58,160 something like that. Like there's like kind of like fact sheets like for a city of two 442 00:54:58,160 --> 00:55:01,840 hundred fifty thousand like you just get these little like flyers handouts like this is what 443 00:55:01,840 --> 00:55:06,240 this is going to cost our city and like a lot of times it'd be like a malformation of 444 00:55:06,240 --> 00:55:15,120 like small, medium, large sized cities. Further discussion? Commissioner Davis. In the spirit 445 00:55:15,120 --> 00:55:20,440 of the concern of knowing that not every citizen is going to necessarily find themselves on 446 00:55:20,440 --> 00:55:29,560 the website or something like that and kind of acknowledging to the definition provided 447 00:55:29,560 --> 00:55:33,600 that for some reasons in the government code, no further reference is kind of only half 448 00:55:33,600 --> 00:55:38,320 the definition of the mandate. It doesn't mention the part where there's not money provided 449 00:55:38,320 --> 00:55:47,080 by the person by the entity mandating to cover the mandate. Is there a short of three hundred 450 00:55:47,080 --> 00:55:55,040 or four hundred staff hours? Is there a way for city staff to make available very basic 451 00:55:55,040 --> 00:56:00,080 information about this kind of stuff? You know using things that already exist from 452 00:56:00,080 --> 00:56:07,320 TML. Is there a more basic requirement that we can reasonably put in place that's not 453 00:56:07,320 --> 00:56:12,080 going to take three hundred four hundred staff hours? I think that's probably just a little 454 00:56:12,080 --> 00:56:15,480 bit high because it goes down every year. You know you only have to update it every 455 00:56:15,480 --> 00:56:21,720 two years when the legislature meets. But is there something where we can accomplish 456 00:56:21,720 --> 00:56:27,120 the spirit of informing our citizens about what the state's putting on us and not paying 457 00:56:27,120 --> 00:56:35,520 for that it doesn't take three or four hundred staff hours? I'm not asking you to invent 458 00:56:35,520 --> 00:57:02,080 it on the spot. Do you have any feedback Matt? I think if the data is already there and has 459 00:57:02,080 --> 00:57:12,320 been produced and the effort made by another organization like TML or others then absolutely 460 00:57:12,320 --> 00:57:21,680 it could be something that staff potentially could do. I think the concern is if there 461 00:57:21,680 --> 00:57:31,520 is a mandate identifying what that liability looks like specifically for the city of Denton 462 00:57:31,520 --> 00:57:40,200 depending on the mandate and the extent of it we would have to do presumably quite a 463 00:57:40,200 --> 00:57:48,480 bit of analysis to know what that is and then update you know going forward to track it 464 00:57:48,480 --> 00:57:55,040 and that's where that kind of tracking mechanism isn't something that's currently available 465 00:57:55,040 --> 00:58:05,320 in our enterprise system. So I think from a staff perspective there's some unknown as 466 00:58:05,320 --> 00:58:14,800 to you know how deep does the analysis go for all the mandates and the ultimate cost 467 00:58:14,800 --> 00:58:25,440 of staff time associated with that. Thank you. So let me make sure I'm kind of understanding 468 00:58:25,440 --> 00:58:32,240 the big problem why the cost or the time cost could be so much. So there's unfunded mandates 469 00:58:32,240 --> 00:58:36,640 and there's unfunded mandates. There's the big ones that we hear about every two years 470 00:58:36,640 --> 00:58:40,760 right like the legislature requires every city to put up a billboard that says don't 471 00:58:40,760 --> 00:58:45,120 mess with Texas and they didn't give us any money to do it but we all have to spend $100,000 472 00:58:45,120 --> 00:58:50,840 billboard and then there's the mandates that are like every city has to have water that 473 00:58:50,840 --> 00:58:55,440 meets these quality standards but there's no state money for running our water plant. 474 00:58:55,440 --> 00:59:00,920 So we have regulatory duties and statutory duties that are required but we wouldn't really 475 00:59:00,920 --> 00:59:05,880 put them in the bucket of unfunded mandates or big political splashy items and that kind 476 00:59:05,880 --> 00:59:12,840 of stuff and within the city budget I mean millions and millions of things that we do 477 00:59:12,840 --> 00:59:17,560 because we are a city because we're required to by the state but we collect our own taxes 478 00:59:17,560 --> 00:59:28,120 to do it. Am I kind of close to the mark? Right yeah. Commissioner Danton. I think even 479 00:59:28,120 --> 00:59:34,840 if you attempted to do this it would get messed up and not be accurate after a year or two 480 00:59:34,840 --> 00:59:39,480 and that's not a dig on anybody it's just because you have to have some committee meet 481 00:59:39,480 --> 00:59:45,180 and say is this an unfunded mandate or not? What's the definition? So I understand the 482 00:59:45,180 --> 00:59:49,640 spirit of it but the practicalities doesn't seem reasonable but I don't think it will 483 00:59:49,640 --> 00:59:54,680 give you an accurate picture anyway at the end of the day. I don't see how this could 484 00:59:54,680 --> 01:00:09,600 actually be measurable and be accurate. Commissioner Remsky would you like to speak? I'm toying 485 01:00:09,600 --> 01:00:19,720 with my question but such a rub. Anyway the fact that it states that it would require 486 01:00:19,720 --> 01:00:30,880 all of those extra man hours, lady hours, state hours. If it's a unfunded mandate it's 487 01:00:30,880 --> 01:00:41,120 something that we have to quote pay for. In order to pay for it it would come out of operations. 488 01:00:41,120 --> 01:00:46,880 Operations goes through and they calculate a budget so isn't there somewhere in that 489 01:00:46,880 --> 01:00:55,760 process that one knows how much that unfunded mandate contributes to the operational fund? 490 01:00:55,760 --> 01:01:02,280 Commissioner Mungibar do you have an answer? I think this is what kind of Commissioner 491 01:01:02,280 --> 01:01:08,600 Danhoff is getting at is the question of what is an unfunded mandate? Is it something is 492 01:01:08,600 --> 01:01:12,920 it like a sign that we have to put in one year or is it a regulation that we have to 493 01:01:12,920 --> 01:01:18,720 enforce year over year? It's very technical when you start talking about these. EPA changes 494 01:01:18,720 --> 01:01:24,240 our greenhouse gas limitation from this to this so therefore we have an unfunded mandate 495 01:01:24,240 --> 01:01:30,200 to make low knocks burners everywhere. Like is that an unfunded mandate or is that just 496 01:01:30,200 --> 01:01:34,920 a regulation? And at the end of the day that's where it gets convoluted. I just don't know 497 01:01:34,920 --> 01:01:40,640 that there's any value added from this. Like I said I think we've got lots of great groups 498 01:01:40,640 --> 01:01:46,600 that are documenting this at a high level and kind of know when they see it but I don't 499 01:01:46,600 --> 01:01:52,560 see that there's any value in asking our city staff to spend any extra time to analyze this 500 01:01:52,560 --> 01:01:57,960 because I don't know that it gives a lot of information that isn't already out there and 501 01:01:57,960 --> 01:02:05,460 I also don't know that people would even read it when it comes down to it. All right so 502 01:02:05,460 --> 01:02:14,280 we have a motion on the floor to recommend no change made by Commissioner Davis, Commissioner 503 01:02:14,280 --> 01:02:26,960 McGuire, seconded by Commissioner Burrisma to recommend not adding language as indicated 504 01:02:26,960 --> 01:02:32,480 on this item. All those in favor of recommending not adding that language please raise your 505 01:02:32,480 --> 01:02:39,920 right hand and say aye. Aye. That would be unanimous. All those opposed please raise 506 01:02:39,920 --> 01:02:46,640 your right hand and say nay. All right that recommendation has been made we now move on 507 01:02:46,640 --> 01:02:55,080 to and I'm going to call the next two items together. Item F number CRC 24-008. Receiver 508 01:02:55,080 --> 01:02:59,360 report hold a discussion and give staff direction on modifying the mix of single and at-large 509 01:02:59,360 --> 01:03:08,200 districts as well as item G number CRC 24-008. Receiver report hold a discussion and give 510 01:03:08,200 --> 01:03:15,000 staff direction on the need for additional council seats based on population size. We 511 01:03:15,000 --> 01:03:20,800 had some absences the last time these two items were discussed and we did not have a 512 01:03:20,800 --> 01:03:25,480 passing motion when they were discussed so I'd like to start off by asking did with the 513 01:03:25,480 --> 01:03:32,400 members who were not here did you guys get a chance to go back and watch that conversation? 514 01:03:32,400 --> 01:03:37,440 Point of order. State your point of order. Yeah both these items you called them together 515 01:03:37,440 --> 01:03:42,200 it's all resting together. Both these items are out of order under the City Council rules 516 01:03:42,200 --> 01:03:49,120 of procedure and specifically section 2-29 G11. Motions for reconsideration. They're 517 01:03:49,120 --> 01:03:56,360 items that we have considered. The motions failed. The items failed. We moved forward 518 01:03:56,360 --> 01:04:01,680 with our work and it's now out of order to reconsider them without a motion to reconsider. 519 01:04:01,680 --> 01:04:09,280 Such a motion was not made in the proper time so these are out of order. It is my opinion 520 01:04:09,280 --> 01:04:16,560 as chair that it is the charge of this committee to produce recommendations on these items. 521 01:04:16,560 --> 01:04:23,760 This committee did not produce recommendations on this item. This question was previously 522 01:04:23,760 --> 01:04:29,320 I discussed with staff previously and I've not heard recommendations from our professional 523 01:04:29,320 --> 01:04:35,080 legal team to the contrary of the advice that I received previously. So I'm going to proceed 524 01:04:35,080 --> 01:04:46,280 with this item. I filled in ruling of the chair. All right. So the procedure here is 525 01:04:46,280 --> 01:04:53,680 that he has appealed the ruling of the chair so now the entirety of the body wants to move 526 01:04:53,680 --> 01:05:00,080 forward. All right. So Commissioner Davis has appealed my judgment on these items that 527 01:05:00,080 --> 01:05:07,120 these items my judgment that these items can return in this manner. So we will now be taking 528 01:05:07,120 --> 01:05:17,240 a vote a vote aye on this item would be that Commissioner Davis's appeal is correct and 529 01:05:17,240 --> 01:05:25,000 that these items cannot return and a vote nay on this item for this appeal would be 530 01:05:25,000 --> 01:05:31,800 that this appeal is incorrect and the committee would like to consider these items once more. 531 01:05:31,800 --> 01:05:46,480 Give me a further discussion. It's a debatable motion. This is a committee this isn't city 532 01:05:46,480 --> 01:05:56,840 council. City council has the right it was my understanding and whether or not bringing 533 01:05:56,840 --> 01:06:09,680 it down to here to do a reconsider. I'm a little curious on that. Number two the fact 534 01:06:09,680 --> 01:06:22,240 that we decided based on votes that there was not a you know it's not a decision that 535 01:06:22,240 --> 01:06:31,000 it doesn't move forward a decision to read here the recommendation to the city council 536 01:06:31,000 --> 01:06:40,680 that said we could not determine whether or not we should do it or not. So is that not 537 01:06:40,680 --> 01:06:48,720 a recommendation because if that is not a recommendation and we go through reconsidering 538 01:06:48,720 --> 01:06:54,140 there are probably at least three or four other items that we've discussed that did 539 01:06:54,140 --> 01:07:02,000 not pass because of a tie or that. Are we going to go back and reconsider all of those 540 01:07:02,000 --> 01:07:07,560 again and when are we going to get forward on it. I'm trying to look at this globally 541 01:07:07,560 --> 01:07:16,680 not it's just this one or two items that we are combining. Sure there have been items 542 01:07:16,680 --> 01:07:22,800 discussed by this committee that did not pass on seven seven votes. I have no intention 543 01:07:22,800 --> 01:07:28,120 of revisiting those votes because the committee spoke as a full committee on those items. 544 01:07:28,120 --> 01:07:35,960 On these two particular items there was not a there were several absences on the meeting 545 01:07:35,960 --> 01:07:43,080 that these items were discussed previously and so is my opinion that the lack of direction 546 01:07:43,080 --> 01:07:51,680 given from this body was perhaps related to that number of apps and given that there are 547 01:07:51,680 --> 01:07:59,400 committee members who were here or who are here tonight who are not here then at a minimum 548 01:07:59,400 --> 01:08:03,000 I would like those committee members who are not present previously to be able to give 549 01:08:03,000 --> 01:08:11,080 direction given the fact that this did not pass and that there were those absences. If 550 01:08:11,080 --> 01:08:16,520 ideally I would like to have this committee bring forward some opinion on this item to 551 01:08:16,520 --> 01:08:25,040 council does that answer your concerns. It somewhat does but if one of the rationales 552 01:08:25,040 --> 01:08:34,400 is that members were not here we don't have members here again tonight. So unless one 553 01:08:34,400 --> 01:08:41,680 were to and I know I don't think there's anything like this in rules Robert's rules or that 554 01:08:41,680 --> 01:08:48,400 but unless the discussion was such that only those that were missing on that night could 555 01:08:48,400 --> 01:08:56,920 give their vote and see how it would change it because if okay if I was here I've already 556 01:08:56,920 --> 01:09:02,960 given you my vote so therefore I should not vote again today. I'm going to just pick 557 01:09:02,960 --> 01:09:09,440 on and say if Commissioner Fikes was not here that night he would get to vote if Commissioner 558 01:09:09,440 --> 01:09:18,080 Kirkpatrick was not here he votes rather than having all of us here because then you're 559 01:09:18,080 --> 01:09:26,600 not taking into account the ones that are absent tonight. 560 01:09:26,600 --> 01:09:34,360 Can we go back to the minutes I guess and figure out on these two particular items what 561 01:09:34,360 --> 01:09:42,040 the vote was. So was it seven against? Yes it would be the. It was seven I think all 562 01:09:42,040 --> 01:09:45,240 the people that were absent would have voted in contrary it would have been seven to seven 563 01:09:45,240 --> 01:09:50,000 so the best they could have gotten was seven to seven correct and then you would have revisited. 564 01:09:50,000 --> 01:09:57,920 That's kind of why I'm getting that is that if it was already a seven against it this 565 01:09:57,920 --> 01:10:05,760 substantively doesn't matter because it could only be seven to seven. This committee is 566 01:10:05,760 --> 01:10:12,600 charged with producing recommendations to council. Point of order Madam Chair on this 567 01:10:12,600 --> 01:10:19,960 motion each member may speak once. Thank you. Sorry what did he say? On this Robert's rules 568 01:10:19,960 --> 01:10:26,720 of order dictate that on appeals to the chair each member may speak once and only once. 569 01:10:26,720 --> 01:10:49,040 Well I didn't intend for that to be my. So in the event my understanding or my question 570 01:10:49,040 --> 01:10:59,920 is or comment if we didn't have enough then and we're reconsidering today why would we 571 01:10:59,920 --> 01:11:04,920 reconsider it if we don't have a full full today because that's just going to open up 572 01:11:04,920 --> 01:11:10,080 to where we can continue to go more because if we don't get seven to seven today based 573 01:11:10,080 --> 01:11:18,040 on your decision or comment you just made we would go again. The other thing we still 574 01:11:18,040 --> 01:11:28,280 have council charges that we have not discussed that have not been presented. Why would we 575 01:11:28,280 --> 01:11:33,640 why would we discuss something a second time prior to discussing those items the first 576 01:11:33,640 --> 01:11:46,960 time and I'm not done so I don't want to yield if I'm not going to get the floor back. Apologies. 577 01:11:46,960 --> 01:11:53,400 And then when you talk about the seven to seven vote and that you would not reconsider 578 01:11:53,400 --> 01:11:58,360 a vote if we had a seven to seven and I think that's false too because the original chair 579 01:11:58,360 --> 01:12:03,960 vote that we had was seven to seven on two separate occasions and it came back the next 580 01:12:03,960 --> 01:12:09,880 time even though we had a vice chair that was elected and so we could continue to operate 581 01:12:09,880 --> 01:12:18,160 going forward but we didn't we came brought it back so back to Commissioner Ramsey's comment 582 01:12:18,160 --> 01:12:23,240 that there are others that we didn't that would make we have to bring them all in but 583 01:12:23,240 --> 01:12:31,360 I do agree with Mr. Davis that the council procedures is the only thing that I've seen 584 01:12:31,360 --> 01:12:38,240 and it appears to me that they have the next session to bring that up and there's nothing 585 01:12:38,240 --> 01:12:43,560 that deviates from that I still have a hard time getting past that that I think I think 586 01:12:43,560 --> 01:12:50,880 supports Commissioner Davis's claim. Thank you. Commissioner Mungiwara. We're gonna see 587 01:12:50,880 --> 01:12:58,120 if she can answer the question. Would you like to address why this would be coming back 588 01:12:58,120 --> 01:13:02,800 at this meeting as opposed to future meetings? It was placed these two items were placed 589 01:13:02,800 --> 01:13:10,040 on the agenda at the request of the chair the decision to move the perfecting charges 590 01:13:10,040 --> 01:13:18,520 which we were planning on having this evening was in order to make time logistically for 591 01:13:18,520 --> 01:13:23,880 this. So we still we still do have charges that we have not addressed or have not decided 592 01:13:23,880 --> 01:13:31,120 on at the council similar to this that we have not discussed one time it seems out of 593 01:13:31,120 --> 01:13:35,240 order to be considered speaking on something else a second time we're discussing if we 594 01:13:35,240 --> 01:13:43,080 haven't even done that once we only have one more meeting. Commissioner Mungiwara. I'm 595 01:13:43,080 --> 01:13:47,840 very sensitive to Chairwoman Bray's concern that we need to provide some direction to 596 01:13:47,840 --> 01:13:52,440 council on this I understand there's some talk about how there was there was seven votes 597 01:13:52,440 --> 01:13:57,440 how could things change well we did change votes did change for Chairwoman Bray when 598 01:13:57,440 --> 01:14:03,160 it came down to when we had to make a final decision. Now that's just one example but 599 01:14:03,160 --> 01:14:10,200 my point is is that in the absence of any direction which we haven't provided any direction 600 01:14:10,200 --> 01:14:13,920 we've merely had seven folks say they want no changes seven folks say that they would 601 01:14:13,920 --> 01:14:19,960 like to see some changes in the absence of that council is going to do what they'd like 602 01:14:19,960 --> 01:14:25,240 and so I think there's a really good opportunity here that if we can reach a consensus on something 603 01:14:25,240 --> 01:14:31,240 then it could be something that we were at least the majority of us can be happy about 604 01:14:31,240 --> 01:14:38,280 rather than the council members that directed us to consider this to choose their own plans 605 01:14:38,280 --> 01:14:54,600 so that would be my consideration. Would you like to make a motion? No I'd like to speak 606 01:14:54,600 --> 01:15:02,800 to my motion. I haven't debated the motion yet. I made it but I didn't expect a motion. 607 01:15:02,800 --> 01:15:08,160 So I feel kind of like Walter and the Big Lebowski if there are rules there are ways 608 01:15:08,160 --> 01:15:12,240 that you do things and there are ways you don't do things. Our meetings are governed 609 01:15:12,240 --> 01:15:17,120 by two things Robert's Rules of Order and the Council Rules of Procedure. It's very 610 01:15:17,120 --> 01:15:22,920 clear in the city code of ordinances that boards and commissions are to be governed 611 01:15:22,920 --> 01:15:27,340 by the Council Rules of Procedure. There's some stuff that doesn't apply like what do 612 01:15:27,340 --> 01:15:31,840 you do to elect a mayor or a pro tem? This doesn't apply to us. There are other things 613 01:15:31,840 --> 01:15:39,160 that apply very clearly to us and it's very clear in the code that those Rules of Procedure 614 01:15:39,160 --> 01:15:47,080 in 229 apply to this body. There is a way to revisit an item. The way to revisit an 615 01:15:47,080 --> 01:15:50,760 item is not that the chair keeps adding it and adding it and adding it until she gets 616 01:15:50,760 --> 01:15:57,240 the vote she wants. The way that you revisit an item is you follow G-11 which is consideration 617 01:15:57,240 --> 01:16:02,960 we can put it on the screen if we need to and my motion is not to my point of order 618 01:16:02,960 --> 01:16:08,840 excuse me and that was overruled and that I've appealed is not really about the substance 619 01:16:08,840 --> 01:16:15,240 of the item. My point of order was that we didn't follow the rules for putting this back 620 01:16:15,240 --> 01:16:19,840 on the agenda. The way you put it back on the agenda is you make a motion to reconsider 621 01:16:19,840 --> 01:16:24,440 under the Texas Open Meetings Act. You have to do that ahead of time so it can be properly 622 01:16:24,440 --> 01:16:29,040 posted then the body has a vote on the motion to reconsider and that's when we have the 623 01:16:29,040 --> 01:16:32,520 debate about well did we really have enough people there to talk about it? Did we have 624 01:16:32,520 --> 01:16:37,080 all the information that we needed? Was that the right time to consider that motion? And 625 01:16:37,080 --> 01:16:41,560 the only person who can only people who can make that motion to reconsider are folks who 626 01:16:41,560 --> 01:16:48,080 are on the prevailing side. The motion did not pass so the people who are on the prevailing 627 01:16:48,080 --> 01:16:53,320 side are the people who voted against the motion. Like I said the last time we talked 628 01:16:53,320 --> 01:16:57,720 about this there's a hundred ways a motion can die there's only one way it can pass. 629 01:16:57,720 --> 01:17:04,000 We took action on these items. It failed. The people who voted against my motions on 630 01:17:04,000 --> 01:17:10,200 these could have moved to reconsider within the time frame specified they didn't do it 631 01:17:10,200 --> 01:17:14,960 so to take it back up today we are out of order. If this is something that is important 632 01:17:14,960 --> 01:17:21,480 to you if you find yourself in the minority that voted on these items if you find yourself 633 01:17:21,480 --> 01:17:25,960 someone who because of your own personal obligations couldn't be at that meeting go to your council 634 01:17:25,960 --> 01:17:30,940 member and ask them to add this to the charge. Go to your council member and go to the next 635 01:17:30,940 --> 01:17:35,160 level where all these things have to go and handle it there. You don't go outside the 636 01:17:35,160 --> 01:17:40,880 rules to create your own rules where we can go back and revisit items that were properly 637 01:17:40,880 --> 01:17:46,160 considered by the body and put to the side. That's the substance of my motion appealing 638 01:17:46,160 --> 01:17:56,480 the ruling of the chair. Do we have any other speakers before we would like to vote? Do 639 01:17:56,480 --> 01:18:08,640 we need a simple majority or eight votes? Eight votes. Eight votes to in favor of Mr. 640 01:18:08,640 --> 01:18:16,600 Davis' motion go ahead and roll the chair. You would need eight votes yes. Okay thank 641 01:18:16,600 --> 01:18:25,000 you. Point of entry. So I have a question about that eight votes. I've gone back to 642 01:18:25,000 --> 01:18:31,480 this is leaving all prior votes about procedural things aside. Chairs and elected aside. I've 643 01:18:31,480 --> 01:18:39,080 gone back to our enabling statute our charge in the eight vote requirement specifically 644 01:18:39,080 --> 01:18:44,240 references recommendations of the body. This is a procedural vote and not a recommendation 645 01:18:44,240 --> 01:18:50,720 to body. So can we can we look at that language and make sure we're we can and and we have 646 01:18:50,720 --> 01:19:02,040 to look at this a few times in the law department. The body has decided that once you do your 647 01:19:02,040 --> 01:19:05,400 work by eight votes and the charging document that created this body said eight votes and 648 01:19:05,400 --> 01:19:11,920 that's kind of how this body has been drawn. Can you speak louder please? The charging 649 01:19:11,920 --> 01:19:19,520 document says eight votes and how this committee has been run is that you've decided that eight 650 01:19:19,520 --> 01:19:25,080 votes is where we are and so it would be backwards to go back now and say oh we want to change 651 01:19:25,080 --> 01:19:29,680 this because it's a procedural rule. Everything has been by eight votes on this committee 652 01:19:29,680 --> 01:19:38,180 and that's the way we should keep going. Do the charging document also say to abide by 653 01:19:38,180 --> 01:19:43,480 council's procedures? The charging document does not specifically say that. I can go pull 654 01:19:43,480 --> 01:19:51,120 it out. No the charging document says this body has to have eight votes to make a recommendation. 655 01:19:51,120 --> 01:19:57,880 That's what the charging document says. Without eight votes this body is not making a recommendation. 656 01:19:57,880 --> 01:20:01,560 This isn't a recommendation is what he's saying correct? Right he's saying this is a procedural 657 01:20:01,560 --> 01:20:09,240 matter. Correct. But even on the procedural matter we've gone with the eight vote rule. 658 01:20:09,240 --> 01:20:16,160 And those would be what other examples are procedural matters? For instance the one that 659 01:20:16,160 --> 01:20:28,800 you brought up about voting. We voted until we got a chair. Okay. Does, I'm a little bit 660 01:20:28,800 --> 01:20:37,420 confused by what you're telling us. Not on what you're saying but if the body has decided 661 01:20:37,420 --> 01:20:43,760 just out of a you know a spirit of congeniality or to preserve decorum or just to be able 662 01:20:43,760 --> 01:20:48,920 to move forward that we're going to adopt this eight vote majority thing even if that's 663 01:20:48,920 --> 01:20:56,100 not what's in our language. How does that constrain us going forward? Like we haven't 664 01:20:56,100 --> 01:21:01,420 changed anything. We haven't changed any rules. We've said I mean nobody challenged it. People 665 01:21:01,420 --> 01:21:06,360 who could have benefited by challenging it decided not to. Didn't raise a point of order. 666 01:21:06,360 --> 01:21:12,200 Didn't raise exactly this point at the time. Does that take away someone's ability to raise 667 01:21:12,200 --> 01:21:17,640 the valid concern that we're not required to have eight votes? How does that under Robert's 668 01:21:17,640 --> 01:21:22,880 rules constrain the body going forward just because someone chose not to assert a point 669 01:21:22,880 --> 01:21:27,960 of order some earlier time? No it doesn't because there's two things. You have made 670 01:21:27,960 --> 01:21:33,040 that point tonight. You've made that point tonight. And the body is going to vote on 671 01:21:33,040 --> 01:21:38,520 that point tonight. And Robert's rules are only there to make sure that the majority, 672 01:21:38,520 --> 01:21:42,880 the will of the majority prevails. That's what those rules are for. And that the voice 673 01:21:42,880 --> 01:21:47,960 of the minority is preserved and heard. Right and I think we've accomplished both of those 674 01:21:47,960 --> 01:21:57,560 but the majority vote prevails. The minority cannot award the vote of the majority. We'll 675 01:21:57,560 --> 01:22:05,040 see what the vote is and we'll see what the points are after. Do you have a point of information? 676 01:22:05,040 --> 01:22:14,880 I am trying to determine whether or not the agenda is posted 72 hours ahead because I 677 01:22:14,880 --> 01:22:26,920 didn't print out what came to my home on Monday to bring the copy in. It's listed on here 678 01:22:26,920 --> 01:22:35,400 that we would cover that item. I do not recall if what was printed 72 hours ahead and falling 679 01:22:35,400 --> 01:22:43,360 under the Open Meetings Act then it was listed. Does anyone have a copy of what the original 680 01:22:43,360 --> 01:22:53,160 agenda was as posted now to us on my note? I can speak to that. The agenda that is before 681 01:22:53,160 --> 01:22:58,840 you is the agenda that was posted on Monday before 5.30 in accordance with our Open Meetings 682 01:22:58,840 --> 01:23:04,280 Act. I didn't hear part of that last part. Could I ask you to speak louder? Yes. It was 683 01:23:04,280 --> 01:23:09,960 posted, the agenda before you is the exact same agenda that was posted on Monday before 684 01:23:09,960 --> 01:23:17,560 5.30 p.m. which is within our 72, which is when our 72 hour period starts. Okay. I guess 685 01:23:17,560 --> 01:23:29,040 I just didn't recall that. Thank you. All right. We will now vote on Commissioner Davis's 686 01:23:29,040 --> 01:23:35,380 appeal of the Chair's judgment. As a reminder, a vote aye on this is a vote in favor of Mr. 687 01:23:35,380 --> 01:23:44,520 Davis's appeal and a vote nay is a vote against Mr. Davis's appeal. All those in favor of 688 01:23:44,520 --> 01:23:53,560 Mr. Davis's appeal, please raise your right hands and say aye. Aye. All those opposed, 689 01:23:53,560 --> 01:24:07,480 please raise your right hands and say nay. Nay. I believe that is 8 to 4. Did we get 690 01:24:07,480 --> 01:24:20,600 that? Excellent. All right. We will now move on to the items. Does anyone have any questions 691 01:24:20,600 --> 01:24:27,200 on the items before we move into discussion? Commissioner Mungivore. In the interest of 692 01:24:27,200 --> 01:24:34,160 time, are we wanting to vote on one package, if you will, all at once in the end as opposed 693 01:24:34,160 --> 01:24:41,920 to the two parts respectively? Or could such a motion be made? If that is the motion that 694 01:24:41,920 --> 01:25:07,120 is made. Any further questions? Are they going to present it again? I don't believe so. Will 695 01:25:07,120 --> 01:25:08,920 they? That was not my plan too. But can we? Are you asking to see the information again? 696 01:25:08,920 --> 01:25:13,500 I should be in your mind. Any presentation? Mike, go over again. If we are all going to 697 01:25:13,500 --> 01:25:17,220 go over it, if everybody is here and has a discussion, then I think it would be prudent 698 01:25:17,220 --> 01:25:23,400 to go over it. It is 6.57. Do we need to do this next time or are we going to be in the 699 01:25:23,400 --> 01:25:29,720 middle of three minutes? We have run over on meetings previously. If Commissioners would 700 01:25:29,720 --> 01:25:35,840 like to make the motion to delay it, that is the motion that has been made. If we could 701 01:25:35,840 --> 01:25:51,800 get a quick reminder of the previous discussions or previous presentations. And if anybody 702 01:25:51,800 --> 01:26:20,760 needs to grab a water. Marsha, please go ahead. I am sorry. I am sorry. I am sorry. I am 703 01:26:20,760 --> 01:26:34,760 sorry. This information was seen previously on Thursday, August the 8th. If you are looking 704 01:26:34,760 --> 01:26:58,080 for it in your binders, or on the website. What large is it again, you know? This would 705 01:26:58,080 --> 01:27:22,480 be charge D and charge M to all of you. I move that these items be postponed to our 706 01:27:22,480 --> 01:27:42,840 next meeting. We will vote on whether or not to delay these items until our next meeting. 707 01:27:42,840 --> 01:28:08,040 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 708 01:28:08,040 --> 01:28:25,400 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 709 01:28:25,400 --> 01:28:42,360 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 710 01:28:42,360 --> 01:28:58,920 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 711 01:28:58,920 --> 01:29:15,360 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 712 01:29:15,360 --> 01:29:33,760 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 713 01:29:33,760 --> 01:29:49,240 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 714 01:29:49,240 --> 01:30:11,800 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 715 01:30:11,800 --> 01:30:28,160 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 716 01:30:28,160 --> 01:30:48,680 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 717 01:30:48,680 --> 01:31:05,360 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 718 01:31:05,360 --> 01:31:21,840 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 719 01:31:21,840 --> 01:31:37,800 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 720 01:31:37,800 --> 01:31:59,640 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 721 01:31:59,640 --> 01:32:15,320 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 722 01:32:15,320 --> 01:32:32,340 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 723 01:32:32,340 --> 01:32:45,880 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 724 01:32:45,880 --> 01:33:06,640 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 725 01:33:06,640 --> 01:33:24,220 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 726 01:33:24,220 --> 01:33:40,800 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 727 01:33:40,800 --> 01:33:58,320 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 728 01:33:58,320 --> 01:34:13,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 729 01:34:13,600 --> 01:34:29,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 730 01:34:29,600 --> 01:34:44,960 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 731 01:34:44,960 --> 01:35:02,440 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 732 01:35:02,440 --> 01:35:16,960 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 733 01:35:16,960 --> 01:35:35,720 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 734 01:35:35,720 --> 01:35:57,080 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 735 01:35:57,080 --> 01:36:14,320 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 736 01:36:14,320 --> 01:36:29,760 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 737 01:36:29,760 --> 01:36:48,080 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 738 01:36:48,080 --> 01:37:05,560 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 739 01:37:05,560 --> 01:37:24,960 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 740 01:37:24,960 --> 01:37:40,160 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 741 01:37:40,160 --> 01:37:55,800 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 742 01:37:55,800 --> 01:38:14,160 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 743 01:38:14,160 --> 01:38:29,440 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 744 01:38:29,440 --> 01:38:46,320 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 745 01:38:46,320 --> 01:39:02,200 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 746 01:39:02,200 --> 01:39:18,040 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 747 01:39:18,040 --> 01:39:34,800 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 748 01:39:34,800 --> 01:39:52,680 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 749 01:39:52,680 --> 01:40:12,200 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 750 01:40:12,200 --> 01:40:26,880 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 751 01:40:26,880 --> 01:40:46,880 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 752 01:40:46,880 --> 01:41:05,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 753 01:41:05,600 --> 01:41:21,000 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 754 01:41:21,000 --> 01:41:39,300 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 755 01:41:39,300 --> 01:41:54,480 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 756 01:41:54,480 --> 01:42:10,360 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 757 01:42:10,360 --> 01:42:27,040 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 758 01:42:27,040 --> 01:42:47,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 759 01:42:47,600 --> 01:43:04,560 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 760 01:43:04,560 --> 01:43:21,000 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 761 01:43:21,000 --> 01:43:38,440 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 762 01:43:38,440 --> 01:43:58,840 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 763 01:43:58,840 --> 01:44:14,880 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 764 01:44:14,880 --> 01:44:36,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 765 01:44:36,600 --> 01:44:52,880 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 766 01:44:52,880 --> 01:45:07,400 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 767 01:45:07,400 --> 01:45:26,120 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 768 01:45:26,120 --> 01:45:44,400 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 769 01:45:44,400 --> 01:46:00,540 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 770 01:46:00,540 --> 01:46:19,120 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 771 01:46:19,120 --> 01:46:35,040 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 772 01:46:35,040 --> 01:46:52,400 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 773 01:46:52,400 --> 01:47:10,000 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 774 01:47:10,000 --> 01:47:27,320 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 775 01:47:27,320 --> 01:47:43,820 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 776 01:47:43,820 --> 01:48:03,320 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 777 01:48:03,320 --> 01:48:18,020 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 778 01:48:18,020 --> 01:48:37,620 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 779 01:48:37,620 --> 01:48:55,880 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 780 01:48:55,880 --> 01:49:12,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 781 01:49:12,100 --> 01:49:32,540 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 782 01:49:32,540 --> 01:49:47,840 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 783 01:49:47,840 --> 01:50:06,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 784 01:50:06,100 --> 01:50:23,200 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 785 01:50:23,200 --> 01:50:41,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 786 01:50:41,100 --> 01:51:00,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 787 01:51:00,100 --> 01:51:21,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 788 01:51:21,600 --> 01:51:34,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 789 01:51:34,100 --> 01:51:53,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 790 01:51:53,600 --> 01:52:10,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 791 01:52:10,100 --> 01:52:31,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 792 01:52:31,600 --> 01:52:51,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 793 01:52:51,100 --> 01:53:07,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 794 01:53:07,600 --> 01:53:22,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 795 01:53:22,100 --> 01:53:40,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 796 01:53:40,600 --> 01:53:55,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 797 01:53:55,100 --> 01:54:15,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 798 01:54:15,600 --> 01:54:37,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 799 01:54:37,100 --> 01:54:52,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 800 01:54:52,600 --> 01:55:08,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 801 01:55:08,100 --> 01:55:23,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 802 01:55:23,600 --> 01:55:41,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 803 01:55:41,100 --> 01:55:56,600 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 804 01:55:56,600 --> 01:56:15,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 805 01:56:15,100 --> 01:56:30,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 806 01:56:30,100 --> 01:56:50,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 807 01:56:50,100 --> 01:57:14,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 808 01:57:14,100 --> 01:57:33,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 809 01:57:33,100 --> 01:57:53,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 810 01:57:53,100 --> 01:58:12,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 811 01:58:12,100 --> 01:58:27,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 812 01:58:27,100 --> 01:58:46,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 813 01:58:46,100 --> 01:59:01,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 814 01:59:01,100 --> 01:59:16,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 815 01:59:16,100 --> 01:59:36,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 816 01:59:36,100 --> 01:59:54,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 817 01:59:54,100 --> 02:00:13,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 818 02:00:13,100 --> 02:00:32,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 819 02:00:32,100 --> 02:00:51,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 820 02:00:51,100 --> 02:01:06,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 821 02:01:06,100 --> 02:01:21,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 822 02:01:21,100 --> 02:01:43,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 823 02:01:43,100 --> 02:01:58,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 824 02:01:58,100 --> 02:02:17,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 825 02:02:17,100 --> 02:02:32,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 826 02:02:32,100 --> 02:02:47,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 827 02:02:47,100 --> 02:03:02,100 I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. I am sorry. 828 02:03:02,100 --> 02:03:31,100 At the time that we had this discussion, I made a presentation that commented is that what we need to do is address the aspect of voters as well as what is recommended and considered best practices according to the manual that talks about putting, and I never call it right, 829 02:03:31,100 --> 02:03:48,100 but it was the 85th, 9th edition bottle city charter. When you look at the bottle city charter with the present number that we have on council, we are right in there with our seven members. 830 02:03:48,100 --> 02:04:17,100 They also recommend that one has the mix of districts as well as at-largest. One of the reasons that it's stated among us as to the at-large issue is it costs more for them to run because they have to get their signs everywhere. 831 02:04:17,100 --> 02:04:44,100 I could be totally wrong, but deciding as to what a, as council member Brewer-Isma says, democracy, constitution, charters should be considered based on whether or not Mr. X or Y has the funding. 832 02:04:44,100 --> 02:05:03,100 If Mr. X, as an at-large, is a decent candidate, he's going to get the funding, because people are going to know it's decent. Okay, people may argue. People may argue with that, and maybe I'm being naive, okay? 833 02:05:03,100 --> 02:05:11,100 But, you know, are we looking for equity? Are we looking for what is equitable? 834 02:05:11,100 --> 02:05:35,100 If we go and change the number, and this is a stupid rationale for not doing it, they're going to have to reconfigure the dais because it's only set up right now for seven members plus the city manager plus the city attorney. 835 02:05:35,100 --> 02:06:04,100 And then I'm just throwing in at them. Again, if you've got your districts and you have your at-large, I as a voter, you as a voter, you as a voter, have four people that you can interact with so that if, for a chance, your district has a dot of a council member, you could go to somebody else. 836 02:06:04,100 --> 02:06:10,100 If it ain't broke, why are we trying to change it? 837 02:06:10,100 --> 02:06:27,100 This has been in existence for a length of time. It seems to, and I know people will say, and I'm not one who says we can't change, and I'm not one who says, well, you know, we tried this 30 years ago and it didn't work. 838 02:06:27,100 --> 02:06:46,100 Well, 30 years ago is not today. However, we are following the best practices as noted in the model city booklet that says what we are to look at. 839 02:06:46,100 --> 02:06:59,100 The concern that a vote from a single district, you know, equity and equalness of what the strength is of my vote. 840 02:06:59,100 --> 02:07:16,100 Unfortunately, I did break, but I think several members here got, because I had asked Christine to send off, when I showed what was the percentage of voters per district. 841 02:07:16,100 --> 02:07:37,100 So you can make 103 districts if you want it, and I know that's exaggerating, but no matter how many districts you want, there are always going to be registered voters who don't show up to vote. 842 02:07:37,100 --> 02:07:59,100 And if you're saying that I want my vote to count and I want to be sure to have strength, well, you've got to have everybody within that district also vote, even if you're down to the smaller ones. 843 02:07:59,100 --> 02:08:10,100 And I know that what I am saying is, is really probably creating the need for a big bottle of toast. 844 02:08:10,100 --> 02:08:15,100 But we went through all of this before. 845 02:08:15,100 --> 02:08:20,100 And that's going back to that and I probably shouldn't bring it up. 846 02:08:20,100 --> 02:08:34,100 Yeah, in the interest of time I'd like to move to the previous question. 847 02:08:34,100 --> 02:08:40,100 Per Robert's rules, if I move the question and I get a second and a two-thirds majority, then we just vote and we're done talking about it. 848 02:08:40,100 --> 02:08:53,100 We have to have eight. We have to have eight for anything to pass. 849 02:08:53,100 --> 02:09:11,100 Okay, we'll have eight people. One seconds and we get eight and then we end discussion. 850 02:09:11,100 --> 02:09:17,100 All those in favor, please raise your right hand and say aye. 851 02:09:17,100 --> 02:09:24,100 Five, six, seven, eight. All right. I on this is a vote for recommending. 852 02:09:24,100 --> 02:09:26,100 It's not two thirds. 853 02:09:26,100 --> 02:09:28,100 It's not two thirds. 854 02:09:28,100 --> 02:09:31,100 It's a vote of eight and that's what we've been doing. 855 02:09:31,100 --> 02:09:36,100 That's what happened because Robert's rules said it's two thirds, but we say eight. 856 02:09:36,100 --> 02:09:40,100 Eight is a majority. Eight is not two thirds. 857 02:09:40,100 --> 02:09:46,100 You can't downgrade a Robert's rule. Like you can upgrade it. You can say a majority for this committee is going to be eight. 858 02:09:46,100 --> 02:09:48,100 You can't downgrade a super majority. 859 02:09:48,100 --> 02:09:51,100 As chair, I will call the question. 860 02:09:51,100 --> 02:09:54,100 No, no, ma'am. Point of order. 861 02:09:54,100 --> 02:09:57,100 Thank you. One, violating Robert's rules again. 862 02:09:57,100 --> 02:10:10,100 Two, you're doing it to cut off debate and I haven't responded to half the things that the new folks, the people who were here to have this debate and hear their voices and respond to, have an interest to respond to this because the previous questions moved. 863 02:10:10,100 --> 02:10:17,100 If we are annoyed that we're spending this much time on it, I'll remind you of my motion earlier was to take this up another time. 864 02:10:17,100 --> 02:10:19,100 We're going to spend all of our time on it. 865 02:10:19,100 --> 02:10:21,100 There are places I'd rather be also. 866 02:10:21,100 --> 02:10:30,100 There are two different things I'm missing, including the one involved that we were talking about before the meeting involving the schools and our kids are all that kind of stuff. 867 02:10:30,100 --> 02:10:40,100 This debate is not finished and it is an abuse of Robert's rules to call it finished based on the majority vote that we just had. It's a two thirds. 868 02:10:40,100 --> 02:11:02,100 So we can follow the rules we don't want information. If there were eight folks that voted in favor of this point of porous motion, there were only four, presumably four that we're going to vote against with that. 869 02:11:02,100 --> 02:11:15,100 Okay, so then we just work off that assumption so that we don't have to have this whole discussion. 870 02:11:15,100 --> 02:11:32,100 Is anybody going to change your vote at this point? 871 02:11:32,100 --> 02:11:45,100 Well, that's what we've been doing this entire time to change that now upsets everything. It is by the vote of eight. That is what is in the charging document. 872 02:11:45,100 --> 02:11:53,100 And that's how we proceeded thus far for a majority. We have never addressed the question of what is two thirds, but the eight would be two thirds. 873 02:11:53,100 --> 02:12:07,100 You said it's two thirds of what we have here tonight. 874 02:12:07,100 --> 02:12:24,100 But when we voted before, we were told that it had to be the eight regardless of whether or not we have enough people here. 875 02:12:24,100 --> 02:12:41,100 That's right. And we've done both of them. It's two thirds and eight. 876 02:12:41,100 --> 02:12:46,100 That's procedurally correct. Okay. All right. Commissioner Davis, continuing discussion. 877 02:12:46,100 --> 02:12:57,100 I promise I will be as brief as I possibly can. I just think some things were brought up tonight that were not brought up the last time that need to be addressed. 878 02:12:57,100 --> 02:13:04,100 The first there was a valid point made about Hispanic conclusion in the conversation back in 1980. 879 02:13:04,100 --> 02:13:10,100 And I absolutely don't want this to come across as, you know, well, there was a little bit or there was enough. 880 02:13:10,100 --> 02:13:16,100 I do want to point out that Councilmember Ravella was one of the council members who passed this next. 881 02:13:16,100 --> 02:13:24,100 How many years ago was that? 17? In 1980. More than 17? And it's 2024. 882 02:13:24,100 --> 02:13:27,100 Commissioner Davis has the point. Apologies. 883 02:13:27,100 --> 02:13:36,100 And again, I'm just giving that information. I'm not saying that information counts for something or represents a certain something. 884 02:13:36,100 --> 02:13:47,100 The other thing I'll point out is we've been presented this idea that I think is disingenuous that if we create more city council districts, we're going to have more opportunity districts. 885 02:13:47,100 --> 02:13:53,100 The point was made that the Denton population is at least 30% Hispanic. I think it's higher. I think it's more than 30%. 886 02:13:53,100 --> 02:13:58,100 And we have to do that for any representation besides acting on the school board. That's it. 887 02:13:58,100 --> 02:14:12,100 So my point is, in none of the opportunity districts that we've been presented by email, is there a Hispanic population that exceeds 30% or approaches the 32-34% that I think is probably more accurate. 888 02:14:12,100 --> 02:14:17,100 There's not. I have a fourth. Correct. Apologies. 889 02:14:17,100 --> 02:14:23,100 That's why those districts represent cracking and packing and not opportunity. 890 02:14:23,100 --> 02:14:33,100 The other thing I'll point out is that we used to call it the chattering class. I think I like that better than political class or the echo chamber or whatever you want to call it. 891 02:14:33,100 --> 02:14:42,100 There is a group of people, and I have counted myself among that group of people. We are all sitting here talking about the city charter. That all makes us democracy nerds. 892 02:14:42,100 --> 02:14:50,100 That makes us people involved in our city government. That makes us people that are part of, whether we want to be there or not, the quote unquote political class, the chattering class. 893 02:14:50,100 --> 02:15:01,100 There's a whole other group of people who doesn't want this. They're not asking for it. There is no groundswell for, you know, I wish I had fewer at-large members and more single-member district people. 894 02:15:01,100 --> 02:15:06,100 Those folks aren't out there outside of a couple of folks on a Facebook forum. 895 02:15:06,100 --> 02:15:24,100 The other thing I'll point out is that when you step outside, if you want to cherry pick examples, you can cherry pick examples from recent elections all you want. I'll give you a couple. You have Deb Armenter, who was elected at-large in a decisive runoff. 896 02:15:24,100 --> 02:15:37,100 Elected at-large with very little money, with very little support from the quote unquote establishment, you know, the Chamber of Commerce types, or the developers, the realtors, or whatever you want to put in that group, was overwhelmingly elected. 897 02:15:37,100 --> 02:15:49,100 And that's a person from, I think she'd self-identify as kind of the farther left. And then you have someone who is kind of closer to the center, Brandon Chase McGee, who was again elected twice now at-large. 898 02:15:49,100 --> 02:15:57,100 And he'll be the first one to tell you he's a regular guy, he's a working guy, he doesn't have a lot of money to put in this himself, that he's got to raise the money from other places. 899 02:15:57,100 --> 02:16:09,100 So this idea that the problem with at-larges is the inability of regular people to raise money and run, or the regular people to be involved in the process, that is false. That is disingenuous. And we know that it's false. 900 02:16:09,100 --> 02:16:26,100 The other thing I'll point out is that the cost is not just changing the seats on the dais. It's not just how many computer screens do you have at city council. Our entire city code is written based on a charter that has seven council members, one of whom is the mayor, two of whom are at-large. 901 02:16:26,100 --> 02:16:49,100 You have to rewrite big chunks of the code. It is not as simple as saying, well, we put it out on the ballot, the citizens vote, and then the next election we're going to elect more city council members. Just like we had the conversation about the Board of Ethics, and once that charter amendment passed, there were months and years and still ongoing debate about what that charter section means. 902 02:16:49,100 --> 02:17:03,100 The city code of ordinances, especially Article 2, is going to have to be rewritten, and the city council is going to have to adopt code changes to that, and I guarantee you that's going to mean some outside council or some extra staff hours. 903 02:17:03,100 --> 02:17:20,100 And then finally, I talked about the political classes and the chattering classes and the people who are not agitating for this. There are times that the political science types, myself included, should leave the math to the people who can do math. 904 02:17:20,100 --> 02:17:35,100 Right now, we have four out of seven. The idea that having four out of seven council members I can vote for is somehow worse than two out of nine is absurd. 905 02:17:35,100 --> 02:17:46,100 The idea that, well, you know, there's this abstract idea about the voting strength of a community. You can't quite pin that down. You really have to kind of go on these squishy things. 906 02:17:46,100 --> 02:18:07,100 It's absurd to say that two out of nine is somehow greater voting strength in the city of Denton. When I'm electing the board of directors of my electric company, the people who set my water rates, the people who set my tax rates, the people who are tasked to fix my roads, to say that two out of nine of those people is somehow better than four out of seven. 907 02:18:07,100 --> 02:18:27,100 The math just doesn't make sense. Take the politics out of it, let the city council do the policy setting, let the voters do the politics. The way we're set up as a city now complies with best practices, has worked, and I've not heard a single based in data example. 908 02:18:27,100 --> 02:18:38,100 I've heard speculation about how it could be better. I've not heard one example of how it has not been the best way to run the city so far. Leave things how they are. 909 02:18:38,100 --> 02:19:05,100 Responding to a few of your remarks, perhaps you and I are talking with different people. I do regularly hear frustration about the current way that the voting system is. I will overhear conversations at bars, where people are mostly around election season, not right now. 910 02:19:05,100 --> 02:19:33,100 During the municipal election season, I do just hear people sporadically express frustration about the issues that you're discussing. With regard to the idea that these maps don't contain anything close to 32% Hispanic, I'm looking at 31.7% Hispanic right now, I call that pretty close. 911 02:19:33,100 --> 02:19:53,100 And, I mean, you talked about about Fred and Chase McGee, and how he talked about how he had to raise money. I think that if you look at the newspaper coverage if you look at discussions, the fact that he had to raise money is a very controversial thing about him. 912 02:19:53,100 --> 02:20:12,100 That is something that people very much do not like about his campaign. Just speaking frankly, that's a very common complaint. So I think that, if anything, that is an argument in favor of reducing the amount of money that needs to be spent on an election. 913 02:20:12,100 --> 02:20:15,100 Commissioner Kirkpatrick. 914 02:20:15,100 --> 02:20:26,100 I got a lot of notes here, this is very interesting. This is the second time we've gone about this and just a few things for, I just want to state that I find it interesting that we talked for about 45 minutes about not getting to this discussion. 915 02:20:26,100 --> 02:20:38,100 So that time, and I understand and have appreciation for people who do have other things going on this evening. But at the same time, you know, for me personally when I stepped up for this was on these type of nights, this is my thing. 916 02:20:38,100 --> 02:20:45,100 You know, now if there's something an emergency or anything outside of that, I get that. Getting back to some of the things I've heard. 917 02:20:45,100 --> 02:20:55,100 I have not heard anything from the first discussion or tonight which shows me that at large districts is something that gives us anything better than single districts. 918 02:20:55,100 --> 02:21:15,100 I would put it to just as everybody in their everyday lives when you're dealing with, and forgive me if I have an example or metaphor which may not fit perfectly. But if we all are in a system where we're all customers, residents to an extent, and we have sales representatives and I've got two sales representatives that are trying to look out for all of us or four. 919 02:21:15,100 --> 02:21:33,100 You know the ability to have somebody that I can get in touch with more often has more accountability to me something that I want when it comes to historically what we've seen with Hispanic representation and correct me if I'm wrong in the over 100 years of city council we've had to Hispanic representatives to. 920 02:21:33,100 --> 02:21:40,100 So that's not a good representation, especially when in the current we have over 30% of our population Hispanic and that number is going to grow. 921 02:21:40,100 --> 02:21:54,100 I always see it as better, and I've got a number of points here, but as Brewer noted down earlier that you have better democracy when you have better access to your representative. 922 02:21:54,100 --> 02:22:08,100 I have not seen or heard anything from anybody that's just proven that to me. I don't see how that is in any walk of life when you have less access to somebody and now I've heard the flip where you say well at the at large I can vote for three or four people. 923 02:22:08,100 --> 02:22:24,100 But I think historically that's been proven out why we've gone to single districts, because when you get in a population and didn't is still majority, a certain demographic that they have a unwarranted control over who's going to be in the city council in those mayor seats. 924 02:22:24,100 --> 02:22:33,100 So I want us to be moving to something that is more representative of what we have here gives more opportunities to people who are heavily a part of this community. 925 02:22:33,100 --> 02:22:43,100 And I don't forgive me I don't want to take up too much time because there's been a lot of diatribes tonight but I just, you know, especially when we're talking about historically, I think historically. 926 02:22:43,100 --> 02:22:55,100 If you go back and say that's not broke don't fix it well, we wouldn't have done civil rights, we wouldn't, we wouldn't have done suffrage, you know it wasn't broke, let's not fix it so I think that's highly problematic. 927 02:22:55,100 --> 02:23:08,100 We use that that type of rationale. So, you know, and I think one other thing too when we talk about how there's so many things forgive me cherry picking and talking about dead our mentor well that's something to that was in a November election too. 928 02:23:08,100 --> 02:23:30,100 And when you talk about and I've worked, hold on, I've worked in campaigns that were both single, and I've worked with them at large, and just the logistics of me going, I've got to go meet these three neighborhoods, or I'm going to go meet all 20 of these neighborhoods, I've got to get my signs out there, I'm going to get the voice out there I've got to talk to people all over this community. 929 02:23:30,100 --> 02:23:44,100 And the idea that that how is not going to be more cost prohibitive is just completely illogical completely illogical I mean, even outside my experience, if you're serving for versus serving 20 you're going to be sporting more money trying to serve 20. 930 02:23:44,100 --> 02:24:02,100 So for me, us narrowing this and having more opportunities for people and having more direct representation. I don't, I haven't seen or heard anything that pushes back against that and I'll you back to believe you were wanting to address this but Deborah mentor on her election 931 02:24:02,100 --> 02:24:05,100 during a normal May election cycle. 932 02:24:05,100 --> 02:24:10,100 I would add that she probably received a lot of free advertising from her opponent. 933 02:24:10,100 --> 02:24:16,100 Forgive me, forgive me, June runoff, lowest turnout elections we have. 934 02:24:16,100 --> 02:24:18,100 Commissioner Kirkpatrick. 935 02:24:18,100 --> 02:24:19,100 Did you have more to say? 936 02:24:19,100 --> 02:24:23,100 No, no, no, forgive me that was, that was the COVID cycle, correct? 937 02:24:23,100 --> 02:24:24,100 That was 2018. 938 02:24:24,100 --> 02:24:26,100 Interesting, okay. 939 02:24:26,100 --> 02:24:30,100 Okay. 940 02:24:30,100 --> 02:24:31,100 Commissioner Romsky. 941 02:24:31,100 --> 02:24:40,100 Put my, okay. 942 02:24:40,100 --> 02:24:43,100 The comment was made about Facebook. 943 02:24:43,100 --> 02:24:48,100 I am going to read, if I may. 944 02:24:48,100 --> 02:24:53,100 What was posted on Facebook on August 26. 945 02:24:53,100 --> 02:25:01,100 And I found it interesting when I saw it. 946 02:25:01,100 --> 02:25:11,100 So, full disclosure here, we presented the idea of doing away with at large districts a couple of years ago. 947 02:25:11,100 --> 02:25:22,100 Mostly it was a tongue in cheek response to the recurring question about a certain neighborhoods influence. 948 02:25:22,100 --> 02:25:31,100 But no, in actuality, once you get beyond being a devil's advocate, this is a bad idea. 949 02:25:31,100 --> 02:25:35,100 There are way too many opportunities for abuse. 950 02:25:35,100 --> 02:25:45,100 There would be way too many battles probably deserving about how these districts would be cut and who would cut them. 951 02:25:45,100 --> 02:25:55,100 I mean, look at the current district map, and two years down the road, there are some glaring curiosities that we all missed. 952 02:25:55,100 --> 02:26:11,100 But the fact is, we have historically under-deserved communities that have been bailed out a few times by having that second, third, fourth set of eyes that they at large provide. 953 02:26:11,100 --> 02:26:20,100 We're looking at single districts. And sorry if you don't think that community, excuse me, we are looking at Southeast Dayton. 954 02:26:20,100 --> 02:26:27,100 And sorry if you don't think that community could use the help of an occasional backup or two. 955 02:26:27,100 --> 02:26:35,100 Then let's set a date, have a drink, and we'd like to introduce you to a thing called your privilege. 956 02:26:35,100 --> 02:26:41,100 So don't kick that down the road, crush it and throw it in a bin. 957 02:26:41,100 --> 02:26:51,100 You can also say that when they had bit it because they did an asterisk, that we pulled that idea out of our ass and you wouldn't be wrong. 958 02:26:51,100 --> 02:26:55,100 Forgive me, but that's what's in here. 959 02:26:55,100 --> 02:27:05,100 Is she just reading a random person's comments on Facebook that are sent in our committees? Is that what she's doing? I'm literally asking. 960 02:27:05,100 --> 02:27:10,100 I believe that that was a post made within the Denton Matters Facebook group by Matt Croneta. 961 02:27:10,100 --> 02:27:13,100 Right. Okay. And he is generally one... 962 02:27:13,100 --> 02:27:15,100 Not on this committee. 963 02:27:15,100 --> 02:27:17,100 No, he's not on this committee. 964 02:27:17,100 --> 02:27:33,100 Okay. You keep addressing as part of this underserved and you, Commissioner Kirkpatrick, were referencing the Spanish population. 965 02:27:33,100 --> 02:27:51,100 When the districting was done, it had nothing to do mainly with worrying about if you had minority Hispanic, black, and Native Americans. 966 02:27:51,100 --> 02:28:09,100 Okay. It was done as picking on a neighborhood that was typically and continues to use their constitutional right and vote. 967 02:28:09,100 --> 02:28:28,100 In district three members were very upset that a certain neighborhood was part of them because according to them, we had nothing to do with the city of Denton. 968 02:28:28,100 --> 02:28:32,100 We should not have been in Denton. 969 02:28:32,100 --> 02:28:41,100 They would have liked to de-annex us from Denton. And yes, I'm getting a little vocal on it. 970 02:28:41,100 --> 02:28:52,100 But there is a history here that I think several members of this council are not aware of when it took place. 971 02:28:52,100 --> 02:29:05,100 And those of us who live in the neighborhood that got readjusted, we volunteer at schools. 972 02:29:05,100 --> 02:29:22,100 We have put together a scholarship for the music department at UNT because if an out-of-state student gets a $1,000 scholarship, they can pay regular in-state tuition. 973 02:29:22,100 --> 02:29:29,100 We volunteer at Salvation Army. 974 02:29:29,100 --> 02:29:37,100 We volunteer at what was the king and that which has changed. 975 02:29:37,100 --> 02:29:45,100 What I'm getting to is we do an awful lot to support the city of Denton. 976 02:29:45,100 --> 02:29:51,100 And we pay our taxes, which includes a goodly amount that goes to the schools. 977 02:29:51,100 --> 02:29:56,100 And you know what? We don't have a member that uses the schools. 978 02:29:56,100 --> 02:30:00,100 So that is gravy to the city of Denton. 979 02:30:00,100 --> 02:30:13,100 The only thing we get out of the city of Denton is our water, which of course we pay for just like anybody else, our trash, which we pay for just like anybody else. 980 02:30:13,100 --> 02:30:24,100 We do not get our city's streets or our community streets swept or anything because we do that within our HOA. 981 02:30:24,100 --> 02:30:38,100 And we don't even get regular police visits or routes or survey, unless we call them for something like a severe accident. 982 02:30:38,100 --> 02:30:43,100 Other than that, we have the constable. 983 02:30:43,100 --> 02:30:49,100 I know you're looking at me, Mr. Kirkpatrick, with wondering, "Hey, what?" 984 02:30:49,100 --> 02:30:55,100 But that's what life is at this community. 985 02:30:55,100 --> 02:31:03,100 The people in District 3 said we should be de-annexed from. 986 02:31:03,100 --> 02:31:11,100 And they were also because of, "Oh, we have amenities. We pay for those amenities." 987 02:31:11,100 --> 02:31:22,100 Just like those where the students have the amenities to use the basketball courts, their swimming pool, their running track, and their libraries. 988 02:31:22,100 --> 02:31:36,100 So we are such that we give to the city of Denton a lot more than comes up. 989 02:31:36,100 --> 02:31:54,100 So we look at this, and you want to take away the opportunity for us to be able to vote for more than one single district. 990 02:31:54,100 --> 02:32:01,100 The other thing is, going to a number of eight, how are you going to ever have... 991 02:32:01,100 --> 02:32:06,100 Commissioner Remski, I think I'm going to have to cut you off here. 992 02:32:06,100 --> 02:32:09,100 Commissioner Johnson. 993 02:32:09,100 --> 02:32:18,100 You know, it's funny how people that live on the west side of town talk about Southeast Denton, and they've never been there. 994 02:32:18,100 --> 02:32:27,100 When you look at Southeast Denton now, the history of Southeast Denton, so you'll know, was birthed out of Quaker Town. 995 02:32:27,100 --> 02:32:32,100 You know Quaker Town was moved to Southeast Denton, right? 996 02:32:32,100 --> 02:32:41,100 Now there's going to be another Quaker Town movement with gentrification, but still there's people there. 997 02:32:41,100 --> 02:32:43,100 There's still black people there. 998 02:32:43,100 --> 02:32:46,100 Where's their voice going to be heard at? 999 02:32:46,100 --> 02:32:53,100 We need some type of representation or maybe where we can have a voice, someone like that. 1000 02:32:53,100 --> 02:32:59,100 In that community that's being just spread it all over. 1001 02:32:59,100 --> 02:33:06,100 So when I hear somebody from Robertson Ranch tell me about Southeast Denton, kind of take a fit. 1002 02:33:06,100 --> 02:33:11,100 And let's go back to... 1003 02:33:11,100 --> 02:33:15,100 If it's not broke, why fix it? 1004 02:33:15,100 --> 02:33:22,100 I'm glad they didn't have that mindset. My people never would have been free. 1005 02:33:22,100 --> 02:33:25,100 You, Montal. 1006 02:33:25,100 --> 02:33:28,100 May I just kind of... Mr. Johnson? 1007 02:33:28,100 --> 02:33:30,100 Very, very briefly. 1008 02:33:30,100 --> 02:33:39,100 Mr. Johnson, I have nothing against Southeast Denton, and the only reason that came up was when I was reading verbatim. 1009 02:33:39,100 --> 02:33:46,100 And I know that you have the problem, and the problem exists in regard to Quaker Town and that. 1010 02:33:46,100 --> 02:33:54,100 And I have interacted on a few of those questions with a couple of council members. 1011 02:33:54,100 --> 02:33:57,100 Thank you, Commissioner Rice. Commissioner Brewer-Eatsma? 1012 02:33:57,100 --> 02:34:04,100 Just building off of what Nate was talking about and what Julie was referring to earlier with the model charter, city charter. 1013 02:34:04,100 --> 02:34:11,100 And the model city charter saying that either a mix of districts or all single member districts are the best plans. 1014 02:34:11,100 --> 02:34:16,100 What they didn't say is that all at-large districts is a good idea. 1015 02:34:16,100 --> 02:34:22,100 And there's a reason for that, because generally at-large districts are not the best way to do representation. 1016 02:34:22,100 --> 02:34:30,100 So they realized that if we have only at-large, we're definitely violating the Civil Rights Act and the Voting Rights Act, so we can't have all at-large. 1017 02:34:30,100 --> 02:34:34,100 So let's work this mix. That doesn't mean that the at-large is a good idea. 1018 02:34:34,100 --> 02:34:39,100 It means that if we have a mix, we won't be violating the Voting Rights Act and the Civil Rights Act. 1019 02:34:39,100 --> 02:34:43,100 The single member districts... 1020 02:34:43,100 --> 02:34:51,100 Excuse me, I know, but we've thrown Robert's rules out the door just about the first five minutes. 1021 02:34:51,100 --> 02:34:54,100 Commissioner Brewer-Eatsma has the floor. 1022 02:34:54,100 --> 02:34:57,100 So that was just the point I was trying to make. 1023 02:34:57,100 --> 02:35:08,100 But I don't think because it says a mix of districts is a good way of doing business in the model, means that that's the best way of doing business. 1024 02:35:08,100 --> 02:35:14,100 They say it's an acceptable way that isn't going to violate the Voting Rights Act and the Civil Rights Act, right? 1025 02:35:14,100 --> 02:35:16,100 That it is acceptable and you can do it this way. 1026 02:35:16,100 --> 02:35:22,100 I think what we have been charged with discussing here tonight is, is there a better way to do it? 1027 02:35:22,100 --> 02:35:33,100 And I believe there's a better way to do it that serves all of the members of our community more effectively by increasing the number of members on our council and decreasing the number of people they represent. 1028 02:35:33,100 --> 02:35:39,100 I just want to make it really clear because we're talking about Matt Granada who made this post. 1029 02:35:39,100 --> 02:35:41,100 We're talking about how he's referring to ropes and ranch. 1030 02:35:41,100 --> 02:35:44,100 Matt Granada does not speak for this committee. 1031 02:35:44,100 --> 02:35:48,100 He does not speak for those who are in favor or against any of these measures. 1032 02:35:48,100 --> 02:35:50,100 He definitely doesn't speak for Southeast Denton. 1033 02:35:50,100 --> 02:35:57,100 And I would also say that the comments he's referring to about ropes and ranch are deeply troubling. 1034 02:35:57,100 --> 02:36:04,100 Everybody in Denton deserves strong representation, whether you live in ropes and ranch, whether you live in Southeast Denton. 1035 02:36:04,100 --> 02:36:13,100 And it's also important to remember, too, that no matter how much you contribute in tax revenue, you don't necessarily get more of a voice on council. 1036 02:36:13,100 --> 02:36:19,100 You can show up and vote more, but every community in this city deserves representation. 1037 02:36:19,100 --> 02:36:25,100 And I want to make it clear, too, we're not throwing the at-large all the way out. 1038 02:36:25,100 --> 02:36:28,100 We still have a mayor that we get to vote for. 1039 02:36:28,100 --> 02:36:30,100 We still get two people. 1040 02:36:30,100 --> 02:36:38,100 And as much as some people would ridicule this as ridiculous or absurd, I believe, and I feel like I have sufficiently explained, 1041 02:36:38,100 --> 02:36:47,100 and I think a lot of other people have explained, too, that you get more bang for your buck when you have a smaller district 1042 02:36:47,100 --> 02:36:53,100 and a person who is more directly accountable to you because your vote holds more weight with that one person. 1043 02:36:53,100 --> 02:36:55,100 I still maintain that that's the case. 1044 02:36:55,100 --> 02:37:06,100 I know four people sounds really sexy, but I can tell you right now, not all the four people would want to meet with me or want to talk to me. 1045 02:37:06,100 --> 02:37:15,100 So it's really immaterial whether or not I have four if I, in my vote, don't have power to control their actions 1046 02:37:15,100 --> 02:37:20,100 or that their actions don't have a consequence when they come up for reelection in two years. 1047 02:37:20,100 --> 02:37:26,100 So I don't think there's really much else to say. I'd really like if we could move forward with the vote. 1048 02:37:26,100 --> 02:37:33,100 I'll just add this comment. If I'm going to try to have a conversation with someone, 1049 02:37:33,100 --> 02:37:42,100 I think my odds of having a conversation with someone about something is better if I have four opportunities than it is if I can only talk to two people about that. 1050 02:37:42,100 --> 02:37:44,100 But do they have to listen to you? 1051 02:37:44,100 --> 02:37:50,100 I'm going to give the floor to Commissioner Davis. 1052 02:37:50,100 --> 02:37:54,100 I'll be very brief and just direct response to what Peter said. 1053 02:37:54,100 --> 02:38:04,100 The math of four of seven versus two of nine is not just about how many people does this one person represent 1054 02:38:04,100 --> 02:38:09,100 and how many people does this one person have to worry about or how big a geographical district do they have to worry about. 1055 02:38:09,100 --> 02:38:16,100 It has to do with the majority of the council that my voting strength isn't just four random people. 1056 02:38:16,100 --> 02:38:18,100 It's four out of seven. It's a majority. 1057 02:38:18,100 --> 02:38:28,100 It's a group of four people that have to compete every two years for my vote, who have to answer to me and my neighbors for my vote and their vote every two years. 1058 02:38:28,100 --> 02:38:32,100 And those four people have combined voting strength that is the majority. 1059 02:38:32,100 --> 02:38:40,100 Two out of nine isn't a bad idea just because it's fewer votes that I get to cast on the city council. 1060 02:38:40,100 --> 02:38:49,100 It's because I have less of an opportunity to influence the majority decision of the city council. 1061 02:38:49,100 --> 02:38:55,100 There has been speculation about the kinds of folks who might run or the kind of opportunity that might come up. 1062 02:38:55,100 --> 02:38:58,100 I'm just going to point out again, that's not what we're talking about. 1063 02:38:58,100 --> 02:39:02,100 We're talking about just across the board, all other things being equal. 1064 02:39:02,100 --> 02:39:13,100 However, city council eventually decides or their lawyers decide to draw the districts the best way to represent the city, the best way to constitute the city council. 1065 02:39:13,100 --> 02:39:18,100 And my vote on a majority of council is much stronger. 1066 02:39:18,100 --> 02:39:31,100 I just can't see any historical data that tells me that people in Denton who want to vote don't vote, that people who on city council, because people don't traditionally show up for city council stuff. 1067 02:39:31,100 --> 02:39:37,100 The people who vote on city council are the people who know the most about city issues and care the most. 1068 02:39:37,100 --> 02:39:44,100 Even when we were in a presidential year, even when it was the COVID year, the undercount on city offices was ridiculous. 1069 02:39:44,100 --> 02:39:50,100 Even people who are shown up to vote were not voting on their city council members and mayor and stuff. 1070 02:39:50,100 --> 02:39:59,100 The idea that having fewer districts, fewer constituents per district is going to increase turnout. 1071 02:39:59,100 --> 02:40:02,100 There is no historical empirical data for that. 1072 02:40:02,100 --> 02:40:06,100 The data doesn't exist because this is not a data driven idea. 1073 02:40:06,100 --> 02:40:09,100 This is a politically driven idea. 1074 02:40:09,100 --> 02:40:16,100 The idea here is not, with all respect to my fellow committee members, the idea here is not to make better government for Denton. 1075 02:40:16,100 --> 02:40:20,100 The idea here is have government of a certain type for Denton. 1076 02:40:20,100 --> 02:40:25,100 The frustration about one part of town is politically driven. 1077 02:40:25,100 --> 02:40:33,100 The idea that one part of town or even the people who move into the Hunter Cole area like we talked about the first time around, the first first time around. 1078 02:40:33,100 --> 02:40:43,100 That conversation was all about how do we find a way to dilute those new folks' voice because they're going to overcrowd district four and they're going to take it over. 1079 02:40:43,100 --> 02:40:45,100 They're going to overcrowd district three and they're going to take it over. 1080 02:40:45,100 --> 02:40:47,100 We need more districts to cover them. 1081 02:40:47,100 --> 02:41:02,100 From the beginning, this has been driven by, I have to tell you all, my friends on the other side, I have to tell you all, an incredibly short-sighted drive from the political chattering class to redesign the way the city votes. 1082 02:41:02,100 --> 02:41:13,100 And I'm telling you, look back the 80s to the 90s to the 2000s to now and look to the demographics in 2030 and 2040, the shoe always ends up on the other foot. 1083 02:41:13,100 --> 02:41:15,100 Incredibly short-sighted. 1084 02:41:15,100 --> 02:41:16,100 We're not. 1085 02:41:16,100 --> 02:41:19,100 It's not that if it's don't, if it's broke, don't fix it. 1086 02:41:19,100 --> 02:41:22,100 If it's working, don't fix it. 1087 02:41:22,100 --> 02:41:25,100 Nobody is saying if it's don't, if it's not broke, don't fix it. 1088 02:41:25,100 --> 02:41:27,100 We're saying it is working. 1089 02:41:27,100 --> 02:41:29,100 There's not a reason to fix it. 1090 02:41:29,100 --> 02:41:31,100 I think there's a big difference. 1091 02:41:31,100 --> 02:41:34,100 Commissioner Manjiguera and then I think this will be our last. 1092 02:41:34,100 --> 02:41:37,100 Yeah, just two brief points. 1093 02:41:37,100 --> 02:41:42,100 I've never made, and I don't think anyone here is making the argument that creating these districts will increase turnout. 1094 02:41:42,100 --> 02:41:43,100 That's not my argument. 1095 02:41:43,100 --> 02:41:45,100 I'm not maintaining that there's doubt on that. 1096 02:41:45,100 --> 02:41:49,100 I'm saying that it's going to increase the voting strength of people in single-member districts. 1097 02:41:49,100 --> 02:41:51,100 Could it maybe increase turnout? 1098 02:41:51,100 --> 02:41:52,100 Perhaps. 1099 02:41:52,100 --> 02:41:56,100 That's not the argument I'm making, though, and I'm not supporting any vacuous data to that effect. 1100 02:41:56,100 --> 02:42:00,100 And once again, and I'll be straight, I brought up the 100 coal development. 1101 02:42:00,100 --> 02:42:02,100 I think it's exciting that they're coming to Denton. 1102 02:42:02,100 --> 02:42:05,100 And then that's, and I'm in the Eagle Creek development. 1103 02:42:05,100 --> 02:42:07,100 That was a new development that came to Denton. 1104 02:42:07,100 --> 02:42:14,100 And I think it's important that communities like that, that we're accounting for that in our growth and making sure that we're creating new districts. 1105 02:42:14,100 --> 02:42:21,100 Perhaps in a new configuration, Robeson Ranch might have their very own single-member district when it comes down to it. 1106 02:42:21,100 --> 02:42:26,100 That's exactly the point. 1107 02:42:26,100 --> 02:42:31,100 And once again, I'll never disparage any single community. 1108 02:42:31,100 --> 02:42:34,100 I believe Robeson Ranch deserves representation. 1109 02:42:34,100 --> 02:42:37,100 I appreciate everything they do for this community. 1110 02:42:37,100 --> 02:42:40,100 I'm thinking about all the communities, though, in this proposal. 1111 02:42:40,100 --> 02:42:43,100 And I think everybody here has made some really, really great points tonight. 1112 02:42:43,100 --> 02:42:47,100 And I know we're talking about best practices, but I think this is about what's right for Denton. 1113 02:42:47,100 --> 02:42:58,100 I think we have a really great opportunity to forge a new path that preserves our communities of interest, that preserves the character of Denton, and accounts for the growth that we're going to see over the next couple of decades. 1114 02:42:58,100 --> 02:43:07,100 And that even though we made a great stride 50 years ago by implementing this, I think it's time we take a next step. 1115 02:43:07,100 --> 02:43:09,100 So I think it's time to vote. 1116 02:43:09,100 --> 02:43:10,100 All right. 1117 02:43:10,100 --> 02:43:12,100 You have 30 seconds. 1118 02:43:12,100 --> 02:43:13,100 You have 30 seconds. 1119 02:43:13,100 --> 02:43:14,100 All right. 1120 02:43:14,100 --> 02:43:18,100 Number one, I don't know that Robeson Ranch wants us over. 1121 02:43:18,100 --> 02:43:25,100 Number two, in regard to your wanting eight, I'm going to suggest that if we do anything, we go to nine. 1122 02:43:25,100 --> 02:43:31,100 And we do it so that we then have four at large. 1123 02:43:31,100 --> 02:43:36,100 And we up the number of individual districts to five. 1124 02:43:36,100 --> 02:43:38,100 Would that meet your needs? 1125 02:43:38,100 --> 02:43:42,100 Would that take it out of the political aspects? 1126 02:43:42,100 --> 02:43:50,100 Would that meet the requirements of the concerns that we don't have Spanish at that? 1127 02:43:50,100 --> 02:43:59,100 But rather than going to eight and having them being all at large, or all as individual districts, we keep the mix. 1128 02:43:59,100 --> 02:44:11,100 And we add one at large, and we add one individual district because we're doing both of these things together of, "Do we change the mix?" 1129 02:44:11,100 --> 02:44:13,100 Or how many? 1130 02:44:13,100 --> 02:44:15,100 I think we need to vote on the motion on the floor. 1131 02:44:15,100 --> 02:44:16,100 But I just want to make it really clear. 1132 02:44:16,100 --> 02:44:18,100 I resent the idea that this is political. 1133 02:44:18,100 --> 02:44:30,100 I know we're talking about politics, and we're talking about all these other things, but there's been a lot of allusions to some kind of nefarious political plot going on. 1134 02:44:30,100 --> 02:44:37,100 This is about making sure that we have the best possible democracy, small d democracy, for the city of Denton. 1135 02:44:37,100 --> 02:44:40,100 I think we've all laid out great nonpartisan reasons. 1136 02:44:40,100 --> 02:44:44,100 I know we've offered anecdotal examples of recent political history. 1137 02:44:44,100 --> 02:44:45,100 I think that's helpful. 1138 02:44:45,100 --> 02:44:49,100 But I think a lot of it's not instructive about what we need to do moving forward. 1139 02:44:49,100 --> 02:44:51,100 I think they're great counterpoints. 1140 02:44:51,100 --> 02:44:57,100 But I think as a matter of course, we need to think, like, all of that aside, what is the objective best goal? 1141 02:44:57,100 --> 02:45:01,100 I don't think that adding a single and another at large is a solution. 1142 02:45:01,100 --> 02:45:06,100 I think we need to vote on the eight-single member and mayor. 1143 02:45:06,100 --> 02:45:08,100 Thank you, Commissioner Madriguera. 1144 02:45:08,100 --> 02:45:15,100 Not to prolong the meeting, but I really appreciate that Peter said that this isn't about a political perspective. 1145 02:45:15,100 --> 02:45:17,100 It is about a philosophical perspective. 1146 02:45:17,100 --> 02:45:19,100 There is philosophy behind this. 1147 02:45:19,100 --> 02:45:24,100 It is not about counting votes and doing some sort of Machiavellian practice here. 1148 02:45:24,100 --> 02:45:31,100 That this really is philosophically where I stand on creating smaller districts so people have better representation. 1149 02:45:31,100 --> 02:45:36,100 I think we've got to vote on it twice, make sure it goes. 1150 02:45:36,100 --> 02:45:38,100 With that, let's vote. 1151 02:45:38,100 --> 02:45:40,100 All those in favor? 1152 02:45:40,100 --> 02:45:42,100 Let me clarify, just real quick. 1153 02:45:42,100 --> 02:45:44,100 What are we? 1154 02:45:44,100 --> 02:45:46,100 We've talked a lot. 1155 02:45:46,100 --> 02:45:48,100 Can we restate the motion? 1156 02:45:48,100 --> 02:45:57,100 Because I understand the motion was just to combine, the motion was to combine the two topics. 1157 02:45:57,100 --> 02:45:59,100 That was the motion. 1158 02:45:59,100 --> 02:46:01,100 No, when I introduced the topic... 1159 02:46:01,100 --> 02:46:03,100 They said that was it. 1160 02:46:03,100 --> 02:46:08,100 When I introduced the topics, I called them together. 1161 02:46:08,100 --> 02:46:10,100 I called the two topics together. 1162 02:46:10,100 --> 02:46:14,100 We had a few motions about whether or not I could call the topics. 1163 02:46:14,100 --> 02:46:17,100 Those succeeded, the topics were called together. 1164 02:46:17,100 --> 02:46:24,100 And Commissioner Madriguera introduced a motion for eight at-large districts. 1165 02:46:24,100 --> 02:46:25,100 So adding two districts. 1166 02:46:25,100 --> 02:46:27,100 Eight single member districts. 1167 02:46:27,100 --> 02:46:46,100 Eight single member districts and the mayor, so adding two districts to the total count and converting the two at-large positions that are not the mayor to being district seats as well for a total council balance of eight district seats and one mayoral seat that would be an at-large position. 1168 02:46:46,100 --> 02:46:51,100 All those in favor, please raise your right hand and say aye. 1169 02:46:51,100 --> 02:46:57,100 One, two, three, four, five, six, seven, eight. 1170 02:46:57,100 --> 02:47:00,100 All those opposed, please raise your right hand and say nay. 1171 02:47:00,100 --> 02:47:01,100 Nay. 1172 02:47:01,100 --> 02:47:03,100 One, two, three, four. 1173 02:47:03,100 --> 02:47:04,100 The ayes have it. 1174 02:47:04,100 --> 02:47:08,100 We will now move on to concluding items. 1175 02:47:08,100 --> 02:47:10,100 Does anyone have any concluding items? 1176 02:47:10,100 --> 02:47:12,100 Commissioner Davis. 1177 02:47:12,100 --> 02:47:17,100 I'd just like to make my regular PSA announcement about the Texas Open Meetings Act. 1178 02:47:17,100 --> 02:47:21,100 The walking quorums, this is properly a part of concluding items. 1179 02:47:21,100 --> 02:47:22,100 It's a statement of fact. 1180 02:47:22,100 --> 02:47:27,100 It's a properly part and then I'll be quiet. 1181 02:47:27,100 --> 02:47:30,100 Those of y'all who had your conversations offline. 1182 02:47:30,100 --> 02:47:34,100 Those of y'all who had your walking quorums with the folks who weren't here last time. 1183 02:47:34,100 --> 02:47:41,100 Those of y'all who called your friends and neighbors to make sure that this vote turned out the second time better than it did the first time. 1184 02:47:41,100 --> 02:47:42,100 Denton is watching. 1185 02:47:42,100 --> 02:47:44,100 The city council has to vote on this, is watching. 1186 02:47:44,100 --> 02:47:46,100 God forbid it reaches the ballot. 1187 02:47:46,100 --> 02:47:48,100 The voters are watching too. 1188 02:47:48,100 --> 02:47:49,100 Everyone knows. 1189 02:47:49,100 --> 02:47:53,100 Everybody's watching you. 1190 02:47:53,100 --> 02:48:01,100 Any other concluding items? 1191 02:48:01,100 --> 02:48:03,100 Commissioner Kirkpatrick. 1192 02:48:03,100 --> 02:48:05,100 Commissioner Davis, that's interesting. 1193 02:48:05,100 --> 02:48:14,100 You brought that up kind of on numerous occasions and forgive me, but that sounds a little almost threatening to the rest of the members. 1194 02:48:14,100 --> 02:48:19,100 I would leave it at that, sir, and bid you a good evening. 1195 02:48:19,100 --> 02:48:21,100 If you heard it threaten that, you're listening for a while. 1196 02:48:21,100 --> 02:48:24,100 That's weird to say. 1197 02:48:24,100 --> 02:48:25,100 Commissioner Maguiguera. 1198 02:48:25,100 --> 02:48:34,100 I would also say it's offensive to one of our commissioners who did change their mind in the intervening period and that people are allowed to make persuasive arguments. 1199 02:48:34,100 --> 02:48:35,100 They're allowed to change their mind. 1200 02:48:35,100 --> 02:48:40,100 So I'll say that too. 1201 02:48:40,100 --> 02:48:42,100 Commissioner Ransky. 1202 02:48:42,100 --> 02:48:46,100 I apologize for talking a little bit louder. 1203 02:48:46,100 --> 02:48:49,100 I didn't put my hearing piece in today. 1204 02:48:49,100 --> 02:48:53,100 So I end up bad. 1205 02:48:53,100 --> 02:49:06,100 I also feel a little bit of umbrage because either the way I phrase things or what I read. 1206 02:49:06,100 --> 02:49:16,100 Yes, Commissioner Maguiguera, Matt Granita is not part of this group or that. 1207 02:49:16,100 --> 02:49:30,100 However, by reading something like that, is that not the same as the fact that somebody says, well, you know, my constituent came to me and said I wanted to vote this way. 1208 02:49:30,100 --> 02:49:36,100 And the constituent said no, vote this way. I'm just using the resource. 1209 02:49:36,100 --> 02:49:40,100 And also, again, Mr. Johnson, I apologize. 1210 02:49:40,100 --> 02:49:44,100 I was not taking a front or trying to that. 1211 02:49:44,100 --> 02:49:51,100 You know, I was just reading what he said and that was where he put it in. 1212 02:49:51,100 --> 02:49:54,100 So I have nothing against that. 1213 02:49:54,100 --> 02:50:00,100 I know I'm one of the new, well I'm not the newest PIP person sitting here for a change. 1214 02:50:00,100 --> 02:50:03,100 But, you know, I've still got a lot to learn. 1215 02:50:03,100 --> 02:50:08,100 I've hit my 10-year anniversary, but I've got a lot more to learn than I did. 1216 02:50:08,100 --> 02:50:10,100 All right. Thank you, Commissioner Ransky. 1217 02:50:10,100 --> 02:50:18,100 With no other concluding items, I will call this meeting to a close at 822 p.m. 1218 02:50:18,100 --> 02:50:23,100 God bless. You all have a good night.