Common Council - Regular Meeting

Tuesday, April 21, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Common Council
Meeting Type
Common Council
Location
Berlin, WI
Meeting Date
April 21, 2026

Transcript

57 sections (from 143 segments)

2:420

Okay, we're unmuted just so everybody knows. Okay,

2:49 – 3:420

mics are live. Don't just try. We're currently back. I'm gonna have to share the screen. Sorry. Uh, I'm giggling because we still have a token man and we we didn't make the all female board that

3:37 – 4:040

you took the the man's position. So, I supposed to be dressed up for this. No. No. Okay. We'll let you know when there's pictures. I thought she'd warn us when we have to have makeup. I'll learn. Did I

4:01 – 4:320

There's still I don't even know. Do you want me to look on the phone and see what's what's pulling up? Yeah. Would you? Absolutely.

4:38 – 5:130

I mean, I just pulled. There he is. Eric, can you hear me? I might have to unmute you. Hold on. Yep, I hear you. Good. Can you guys hear? Yes. Okay. Thank you. I just want to make sure we're working. How is everybody?

5:10 – 5:250

We're good. We're just holding our um electronics. Yep. One more minute.

5:39 – 5:570

I should just have a full house. Yeah, it's bad.

6:00 – 6:370

It's not on YouTube. We're on Zoom. That's why I thought I thought you had a Zoom. I was like, that's impressive. You have our numbers now. No, I was looking to see. Yeah. No, we're on Zoom because we have Eric today. I'll upload the um the Zoom video to YouTube tonight. Battle call. We'll call this organizational meeting of the common council to order on Tuesday, April 21st, 2026 at 5:00 p.m. Can I have a roll call, please?

6:41 – 7:260

Here. Here. Go here. Holly here. Here. We got everybody here. There's a quorum. Thank you. We'll move on to number two, which is a ceremonial swearing in of older persons. So would all the older persons that were recently elected. So words, three, five, and six, stand and raise your right hand and repeat after me. I I state your name. Having been elected or appointed having been elected or appointed to the office of older person

7:24 – 7:590

to the office of older person swear swear that I will support the Constitution of the United States that I support the Constitution of the United States and the Constitution of the State of Wisconsin and the Constitution of the State of Wisconsin and will faithfully and impartially and faithfully and personally discharge the duties of said office discharge the duties of said office to the best of my ability to the best of my ability. So help me God. So help me God. Thank you. Good job.

8:00 – 8:450

All right. Thank you. Pictures first before I move on. Come on. Okay. You want to go down there? No, I'm just, you know, so it doesn't really family pictures. Good.

8:41 – 9:200

Good. Thank you, Jamie. I said, "Do you want your picture?" Good. Cuz you know I have my entouer, I guess. All right. All right,

9:17 – 9:450

we will move on to number three, which is the um older person orientation. Recommendation is listen to our city attorney and staff presentations on open meetings, laws, public records, ethics laws, quasi judicial action, and other duties and responsibilities of the common council and then ask questions as needed. Um family meeting, it's going to be a fun next few minutesish.

9:41 – 10:060

Going to be super super fun. yet. So, if you don't want to hang around, you don't have to. This is your cue if you want to hit the road. Um, but you're more than welcome to stay if you want. All right, we have our attorney, Eric Larson, on our Zoom up here. He's going to lead us through our presentation.

10:04 – 11:190

Thank you. Uh, congratulations to the new alder persons. Thank you for your service. I can only imagine the thrill you got when you saw this agenda and got to hear that you got to hear from the city attorney tonight talking about these numerous items. Uh so uh before I start, I just want to sort of set an expectation. Uh I know that we did this we've done this before, but we have some new people. Um, and I want to be sure to cover the basics, but I could do uh I could do that in 20 minutes. I could do it in 45 minutes. I could do it in an hour and a half. Um, you know, I guess uh do is there a sense of how quickly we should go through this? We have um a a board of appeals meeting at six o'clock or following. But if we could keep it under an hour, it would be fabulous. Um just 45. Yeah, I would shoot for the 40-minute version.

11:16 – 11:340

40 40-ish minute version would be amazing. Awesome. Uh I think I see blue packets on your table. uh which would be this. Yep.

11:32 – 13:300

Um what I'm going to do is I'm going to be going through these packets. It's always best if I'm speaking to issues that are on your mind. So, if at any point now or as we go, there's something on your mind, um, a question, a concern, I would be happy to address those. I think it would be most helpful to everybody if we focused in on on those kinds of things. Um, I've been doing this a long time. You know, I I've been practicing law for more than 35 years. All of those years are representing municipalities. I have um 30ome municipalities that I represent on a regular basis. And these questions that we're and issues that we're going to deal with tonight, I deal with uh with my municipalities all the time. These are not arcane. They're not, you know, distant. They're not things that you'll never have to deal with. These are things that are sort of the meat and potatoes and or you know central to uh representing municipalities is you have to understand your role as a public official on these issues. I'm going to be talking about Wisconsin public records laws, Wisconsin open meetings laws, some protections against bias, ethical obligations, and this packet includes residency appeals. I think when we prepared it last year, that was a particular issue that we wanted to cover. Um, and I will mention it quickly at the end. Um,

13:32 – 15:300

so let's jump in at the first tab. 20 important things to know about the Wisconsin Public Records Law. Um thing one which isn't on here but you should know that as a public official you are the custodian of your records. You're in authority. You have an obligation to maintain the records of your office for seven years. So um if for example you're using a computer from home and you have conversation with or texting uh your phone um texting with a constituent about uh some public business, something that's coming before the council that creates a record and that needs to be maintained. if you uh my recommendation is you allow city staff to maintain that for you. Uh and the way you do that is you forward it to to Jesse or um other city staff as appropriate. Uh and and ask them to maintain it for you. Otherwise, you have to maintain it. And that happens every day. Um, so what'll happen if if you don't maintain it that way when we gets get records requests for records of your office, somebody gets wind of the fact that you've been communicating with a developer, for example, um, and you have an email string with

15:26 – 15:460

the developer, you have to produce it. uh you have to find it in your computer and produce it and um so again one

15:44 – 16:260

I was just going to add a comment that it's a good practice we don't have city emails for every um older person which is something we should and we should look into however it's a good idea to start a new email address that is dedicated just to the so that when they do have these public records requests, it's easy to go through these email addresses to find anything you might need. That's a great point. Um, yes, having a it won't necessarily prevent somebody from trying to search your other account

16:21 – 16:380

to see there are uh city business in your other account, but it it minimizes it and it also makes it easier for you if you get a records request to know where you can look for that,

16:36 – 18:340

you know. So item one in this list, public records law shall be construed in every instance with a presumption of complete public access consistent with the conduct of governmental business. The denial of a public of public access generally is contrary to the public interest and only in an exceptional case may access be denied. That's the statement of public purpose from the state statute. And when courts get these issues, and they're litigated all the time, they almost without exception will start with that statement of public purpose. Unless um unless there's a really good reason to deny access to the record, it has to be provided. So what's a record? Item two. A record is any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved regardless of physical form or characteristics which has been created or is being kept by an authority. Again, you are an authority. The council is an authority. Um I any method of communication uh can create a record and does create a record. Posting on a social media page is something that I strongly caution against. But if you do post on a social media page about the conduct of your business, that creates a public record and it needs to be maintained.

18:41 – 19:320

Uh I'm not going to go through every one of these. Um, if you get a written records request, uh, a response needs to be provided as soon as practicable and without delay. It's a number nine here. That's straight from the statute. Uh, you should contact Jesse uh, and let Jesse know, hey, I got this records request because the city staff deal with this all the time. they will be happy to help you with your response. They may even provide the response for you. But if it's documents that only you have, we we can't gather the documents for you, but you can forward the documents to staff and staff can handle the response.

19:29 – 20:080

Eric, can you go back a second and touch base on social media? I know that we're in technology based world and I don't want everybody to get scared off and think they can never post on Facebook again. Um I know that there's case law between personal comments and comments as an older person um acting as on behalf of the city of Berlin. Can you just clarify between personal comments and um comments of those as an older person? You're absolutely right. There is case law on that. uh including the US Supreme Court

20:06 – 21:520

um which on the one hand kind of shows how heavily these issues are litigated. Uh but if you're posting as a private individual, my suggestion number one is you should say that I am posting as a private citizen of Berlin. Um make that super clear. Then you can say whatever you want. Um, but be careful even then because if it's about something that's coming before the council uh for reasons that we'll get into later in the presentation, you may have you don't necessarily want to show your hand um if it's a quasi judicial matter especially uh because you may disqualify yourself from acting on the matter when it comes to council if you show a bias on some things. So, I mean the general point is is absolutely right. You can post as a private citizen. Um I recommend you make that clear. Uh but even when you're posting as a private citizen, be careful if it's something that's going to come before the council. And then just one last caveat I want to say about that one is we live in a small community so we're involved in similar activities and the last thing on social media I was going to say is we just have to be very careful of um multiple people commenting on posts so that there's not a walking quorum. So if one person has already commented something there doesn't need to be three or four of us commenting same same.

21:50 – 22:270

You're stealing my thunder. I was gonna get to that. You're absolutely right. Um that is the other problem with social media is it it can create a walk-in quorum. And we'll get to what a walking quorum is. That's a it's not a records problem. It's an open meetings problem. Um and we'll talk more about that as we go. I'll be quiet now. I'm sorry.

22:24 – 24:220

I was not re I was joking. You know, really good really good point. Um I'm not going to go through the rest of these things. When records are produced, often there will be some that are denied. Some parts of the request may be denied. Uh any denial needs to be in writing. It needs to explain the reasons for the denial. Uh even if it's a redaction, you know, you're striking out the juvenile name on a police report, you need to explain why. Why did you redact it? our courts. If we're challenged on failure to release documents or on redactions, the only reasons we can use in court are the reasons we give in that denial letter. So, it needs to be carefully worded denial letter if we're ever going to deny access to a record. All right, let's let's go on to unless there are any other questions about records, let's go on to open meetings. Um, as with public records, you know, at any given time, I probably have half a dozen uh lawsuits involving public records. I probably have half a dozen lawsuits involving open meetings in the office. Uh, not necessarily my clients, but we represent municipalities throughout the state when they get sued. And these are common issues to be sued on. Um, let's just start at the top of this outline again there's a very broad statement of

24:20 – 26:200

public purpose. Uh I won't read it again on page five, but our courts refer to that statement all the time saying the public is entitled to the fullest and most complete information regarding the affairs affairs of government. Um then it says to implement and ensure the public policy herein expressed all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law. So in the next page, it applies to all governing bodies. One of the issues I face from time to time is uh the council will delegate authority over something to uh and you'll say who you know two members of the C council and this citizen and that citizen are going to meet and they're going to develop a policy. Well, you've probably created a governmental body. Uh you need to be careful when you do that that you don't if you create a governmental body by um creating that ad hoc committee, you need to notice the meetings and the public is invited. Um which isn't the end of the world necessarily, but you it needs to be done. There's a lot of case law where um communities think they didn't do that. They think, "Oh, this wasn't even a this

26:17 – 28:170

wasn't the council meeting. This was the the group that got together to, you know, advise the council or do some homework." Well, you you the cases are pretty consistent saying no, you you created a body and then the open meetings law applied. What is subject to the law? It's a meeting. Listen to this definition. Meeting means the convening of a governmental body for the purpose of exercising responsibilities, authority, power, or duties delegated to or vested in the body. If one half or more of the members of the governmental body are present, the meeting is rebuttedly presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter. one the biggest caution I can give you here uh I'm not I'm not concerned if you happen to run into a quorum of people at the grocery store you know just don't talk business I I think I I we can say no we we we're all talking about buying these canned peas you know or whatever um it is your burden of proof. If they allege they saw you together, it's it's up to you to prove uh that it was just a chance gathering. But that's not going to be hard in that setting. Where it's harder is you leave the council meeting, you're heading to your car, you stand around

28:13 – 30:130

somebody's car chitchatting, and the public who was at your meeting sees you doing that. That's where a lot of these sort of leave the chance gathering arena and enter a possible violation because honestly you probably are talking about the meeting, right? You just went through some horrendous thing at the meeting. It was contentious. the public was up in arms and uh it's still on your mind and you're decompressing and we're human beings and so you're chitchatting about it. But that's talking about governmental business and that's a meeting. So my caution is uh when the meeting is over, when you're adjourned, you get up and leave. Um because the public is watching you and if they think you're violating uh you they might be right and and so just just watch out for that one. Same as you know when you arrive you know before the meeting don't start talking about things that are in on the agenda before the meeting starts for those same reasons. All of the governmental activity should happen during the meeting. negative quorum on page seven. So you currently have a seven member

30:11 – 30:270

board and I know that there's talk about reducing that but uh not uh not reducing not reducing just um opening up to at large representation instead of

30:25 – 31:220

oh that's right that's right I have another community that's reducing sorry um so it's easy to think that the quorum is going to be four so that If three of you are talking, you're not in violation. That's that's a easy thing to assume. Uh there are a couple problems with that. One is not every issue is decided by a simple majority vote. So it it that depends uh you know if you're talking about something that requires a supermajority vote uh you may trigger this negative quorum issue which is the number of people who can prevent it from being adopted. M

31:19 – 33:190

you can't have the number of people that could prevent it from being adopted talking together because they can control the outcome. So if it requires a supermajority and three of you are talking um that's that's a violation. It's a negative quorum. Um, also, and this one's even harder, but if you know someone's going to be absent, if you know somebody on the council is, you know, having surgery and they're out for 3 months or whatever, uh, then your three member rule of thumb isn't going to work even for a majority vote because three wouldn't control the outcome on um or or could control the outcome on uh on that issue. Next page, walking quorum. Uh, this law has been settled for 40 years or so since the since a decision was reached by our Wisconsin courts. Um finding that even though each person only talked to one other person, what one member called another member who called another member who called another member. um that can even though you weren't all there at the same time that can create a quorum

33:15 – 35:140

who have an aligned position. Uh and that happened outside of a meeting. So the public had no opportunity to know that that was happening. Um that's a walking quorum and it's a violation. Walking quorum issues are also relevant. uh on the telephone and e even by email. And there's a long section of this outline starting on page eight about email. Uh I recommend you read it. I I'm not going to get every point here, but if you have if you have the whole council on an email message where you're going back and forth, uh our courts have looked or certainly our commentators and um our courts have looked at that for telephone and for email. It's the same issue where it looks like it's a meeting. It's happening in real time. um and you're making you're talking about governmental business and the public isn't invited. They they have no access to that. And then you say, "Well, but we've created a record." That's true. That's that's not good because uh it's very easy open meetings law violation to prove. All somebody has to do is request a copy of that email exchange and present it to a court and you will be found guilty of a violation because it will show that a quorum of you were talking about governmental business by email. Um it is a record and it will be maintained but the public did for open meetings law purpose

35:12 – 37:030

uh it doesn't doesn't meet the requirements of the open meetings law. So, some practical suggestions. Starting on page 10, if you do communicate to the whole council the same way you would with writing it out on paper, putting a stamp on it, and sending it to the people, that's not an open meetings law violation. Um, sending an email, I mean, sending a US Postal Service mail letter to your colleagues on the council is not an open meetings law violation. Um, you can also do that by email. Just say, send it one way and make sure it's super clear that you do not want a response. The problem is I still recommend against that because it's so easy for that to be violated. It just takes one person to to say okay or you know just just an acknowledgement and now everybody's in violation. You will get emails from staff all the time. That's what staff does and that's their job. And when they send you one-way communications, you can respond back to the staff person who sent it to you. But don't respond to the whole council. And there will be reminders about that in those emails from staff. They will say do not reply all. Um,

37:04 – 39:000

if you have private conversation uh among alders, one alder to another, that alone is probably not a violation. Uh, but it has to stay between the two of you. It can't expand and that needs to be well understood by everybody on that communication. problem with email is you can't control it. You send it and now it's out of your hand. You can't control it and so you can't prevent a violation from happening. What you can do is put a disclaimer on your message. And I recommend that you do that in that email account that you create. Create a signature if you know how to do that. Um, it'll automatically put uh a disclaimer that you can type into the signature part of the of the program. It'll automatically put a disclaimer on all of your messages. And there are a couple of examples of disclaimers you could use. Um, one is a little less uh fewer words than the other, but and you can you can tinker with those a little bit, but the idea is say in there, I'm intending to communicate to the person I'm sending it to and to nobody else. Do not forward it. Do not reply uh or reply all. Um, and if somebody forwards it and creates a violation, that may protect you saying, "Hey, I told him not to do that. Um, that was not my intent."

39:02 – 41:020

Uh, next point, retention policy. You need to find a way to retain your email messages. Again, the rule of thumb is seven years. uh all records need to be maintained for seven years. So uh given that you don't have city emails, that means it's on you. Uh each of you need to find a way to retain those emails. It will be easier if you create a separate account for all city business. Uh make sure that the account retains messages that long. Use discretion in what you say in an email. Um, you know, it's one thing on the phone to say, you know, loosely that guy's an idiot. I wouldn't believe a word he says. You know, and then you hang up and and it's over and nobody's wiser. But if you say that in an email, um, somebody just needs to make a records request for it. And then those things you said can be printed in the newspaper. It can be the newspaper headline in the morning. Um, so um, so be cautious with with the words you say in a in an email. All right, I'm gonna move a little quicker here. Uh, public comments are always a hot topic. Everyone loves the idea of the public commenting.

41:00 – 42:470

Um, it's a it's good public policy to listen to your residents. In practice, it can become contentious. Um, be sure that it doesn't become an open meetings law violation when when a member of the public comes to you and says, you know, I I'm really concerned about issue X. You can you can ask them what their concern is. Flush that out a little bit to be sure you understand. Uh but don't engage in back and forth because that issue X is not on our agenda as something you're going to be talking about. There might be a hundred people out there issu interested in issue X. if you're really going to talk about issue X, you should put it over to your next agenda. And you can tell them that you can you can say, um, let's let's put this, uh, as an agenda item on our next next agenda so we can talk about it. Um, because the open meetings law requires that you give notice of the subjects of the that you're going to be talking about. So when a a citizen raises it and it's um it's brand new. Uh that's that's not something you should be talking about. You should just be listening. You should be listening to the public comments. Okay. Um there are penalties that apply to violations. They're not huge,

42:44 – 44:430

but they are personal. They apply to you personally if you violate. uh city can't pay for it even if they want to. Um that's not the worst part of the violation. The worst part is it's egg on your face. It's public. You look bad. That's not the reason you went into uh government become a public official. So So don't don't let that egg get on your face. All right. Right, I want to jump ahead. Well, I guess there's we're getting close here. Um, the next document on page 20 is protection of bias against bias. You have two roles as a public official. One is as a legislator and that's the role you have on almost everything. The other is as judge. There are times when you sit as judge quasi judicial capacity. When you're a legislator, you it doesn't matter if you're biased. It doesn't matter if you told the whole world. I'm totally against that project. I I'm running for office because I hate that project. I'm going to vote against that project. That's all perfect when you're acting as a legislator. Not a problem at all. But if that project has a quasi judicial aspect like they need u a conditional use permit. A conditional use permit is quasi judicial. You sit as judge to see whether they meet the standards for getting a conditional use. Uh you cannot be biased. You can't have

44:40 – 46:360

expressed bias. uh you need to sit as um as a judge and be fair to and and base your decision on what you hear um at the public hearing. So at this point I'm just pointing out that you have those two roles. Um and you need to be especially cautious if you think that there could be a quasi judicial aspect u to something that might be coming before you. And then preserve your um nonp prejuditial position like a judge. you know, you wouldn't want to appear before a judge who's announced that he he thinks this person committed a crime, right? Um if he if he's announced or she's announced that um they think you did it, you don't want to appear before them. Um and it would be unethical. So, let's go on to ethics quickly. There is a code of ethics for local governmental officials starting on page 21. If you read this, you will quickly be scratching your head. This is law. It's not written in layman's terms. This this is complicated uh law as to your obligations. Um, you you can't use your office to obtain financial gain or anything of substantial value for the private benefit of yourself or anyone on your immediate family or an organization with which you're associated.

46:33 – 48:270

Um, that's just one a. I'm not going to read them all. The bottom line on ethics is if it smells bad even even the case law will use a smell test and they'll call it that. They'll say, "Wow, this this seems fishy. It doesn't this smells bad." Um, if if you think the public might think it's unfair or that you're getting an unfair advantage, uh, or potentially someone in your family, um, or you think you can't be impartial on something, um, or you're given gifts, uh, because you're a public official. Uh, those are all red flags. And my recommendation is you get an ethics opinion. Um when when you're in doubt of what your ethical responsibilities are, um this you might want to talk to Jesse first. Jesse has a ton of experience and can help weed out whether whether she thinks uh something should be done and that that could be very helpful. But if you really need a legal opinion on these legal standards, this is one area where you can contact me directly and I can give you an ethics opinion. The ethic, this is under state law. Under state law, I can give you a confidential ethics opinion that only you will know. Um, and if you act in accordance with the opinion I give you, you're presumed to have acted lawfully.

48:32 – 50:310

Uh, there are also a number of crimes that you should be aware of. Uh, and I do encounter these. I have had public officials um pursued for these crimes, charged and convicted. Um starting on page 26, uh bribery of public officers and employees, you know, you can't you can't let people give you special privileges or uh gifts. Uh 28. on page 28, a misconduct in public office. We see these charges uh from now now and again where public officials can be charged with a felony uh based on their conduct in office. I attent intentionally failing or refusing to perform a known mandatory non-discretionary ministerial duty is a is a crime. um or doing an act which you know is in excess of your authority. That's a crime. Uh page 30, private interest in public contracts. uh if your business happens to do something that the city needs, you know, maybe I don't know, maybe maybe your company lays sewer lines and you know the city needs a sewer line. Uh offer maybe you're want to offer that up. Uh, and you need to closely look at this private interest in public contract

50:27 – 51:570

prohibited section starting on page 30. Um, if you're going to get paid or or your organization of which you are associated, uh, associated has a specific definition. It's not just that you work there, but if you own it, you have an ownership interest in a company. Um, it this this may apply. I have I got contact at it on a Saturday morning uh from somebody who said, "Gee, uh I I realized that I did this and now I'm wondering if it was okay and I came into the office and worked half a day and ended up getting back to him and say, "You better retire right now. You better resign because I don't want to see you charged." Um, so just just be careful about private interest in public contracts. So, uh, thinking about gifts on page 34, it's a quarter to six, but we started at five after, so I'm still on uh couple more to go over. But yeah,

51:58 – 53:290

um page 34, uh know this little framework for thinking about if somebody offers you a gift, is it being offered because of my public position? Is it more than nominal or insignificant value? Is it primarily for my personal benefit rather than for the benefit of my local governmental unit? You answer yes to those three, you can't accept it. And on page 35, a separate analysis is, would it be reasonable for someone to believe that the item or service is likely to influence my judgment or actions or that it is a reward for past action? If you answer yes, you can't accept it. So, any questions? I guess there are a few more things here, but let's let's stop there. Uh I'll be happy to answer any questions. Welcome to uh for those of you that are new, uh welcome to the council. It really is not that frightening. I if you're getting a message of this is really scary, that's not the message I wanted to send. I I want to send the message that you need to be aware of these things. staff is also aware staff can help you and we want to help you. We want you to succeed. So, um that's it.

53:27 – 54:120

Eric, one real quick question. Is there any any time that gifts are acceptable? Say Christmas time they want to drop off cookies or um holiday stuff like that. Is there any time of accepting gifts is acceptable? So in the example of dropping off Christmas cookies, it it's typically not for any one person. It's typically for the whole staff. And that is I I I don't see the um that being analyzed the same way. If you look at this little this series of questions, it's not being offered primarily for your personal benefit. It's being offered for the staff,

54:09 – 54:420

you know. All righty. It's It's also nominal value. I have a question for you, Eric. Yeah. Um, so I'm currently the president of a 501c3 that is an organization trying to raise money for an effort that we as the council may be discussing, which is the saving of the pool. Would I need to abstain from vote on anything regarding the who?

54:42 – 55:140

Uh I guess I'm not aware of any quasi judicial decisions that would need to be made there. So I wouldn't be worried about the bias component. Um the code of ethics is something we could look at. I think as president you are associated with that organization, right? Um

55:14 – 55:350

and if you want to research it in deeper and get back to me, that's fine, too. Yeah. So, what would be helpful is if you could send me an email

55:32 – 56:050

and describe your relationship to the organization and every fact that you think might be relevant and I can issue you an opinion. Uh, I can only base my opinion on the facts you provide. So, um, it'd be most helpful to me to you if it were comprehensive. Thank you.

56:03 – 56:400

Um, and Eric, I would only add to that I was also in a similar capacity as our farmers market president in the past. Um and it was um determined that I should abstain from those because of conf conflict of interest or whatever scenario it was. But it was directed that I um abstain from any any voting related to my position or related to organization I should say. Yeah. Uh that's that's very possible. It depends on all of the facts, of course, but you know.

56:39 – 57:170

All right. Any other last questions for Eric? If not, thank you, Eric, for being with us tonight and answering questions. And thank you. You're welcome. Have a good night. Thank you. You too. Bye. Bye. All right. We will be moving on to the Sure. these books. Um, you probably got one last year. If you know where it is and still have it, I'll take this one back. If you need it, take it. But if you already have one, I'll I'll keep it on hand. But the handouts are new, right?

57:150

Handouts are new. Yep. And not related to this. These are just some things that the law firm has said you guys should be aware of.

57:25 – 58:080

All right. Then we will move on to number four, which is the election of a council president. Um so at this time we will look for um a nomination for president. Again president for for those of you who are unaware um will lead meetings um when the time calls. If I'm unavailable to be here if there's um certain meetings um that need to be have a a president representation maybe with Jesse or anything else. Um but um mainly it's someone representing us um in my absence.

58:06 – 58:360

I would like to nominate myself as president have experience with sitting in that seat running Robert's rules on meetings and I feel comfortable doing anybody want to second Victoria's nomination I'll second. Okay. So all in favor of Victoria as council president say I. I.

58:30 – 1:00:170

Any opposed? Motion carries. Thank you. Item number five is mayoral appointments with council confirmation. Uh recommendation is motion to approve the mayoral appointments as presented. Um, we have had several I know it's not highlighted on these sheets, but we've had several um new people step up for committees and and boards and commissions, which is great. We still do have some vacant spots left that we need to fill. Um, but one that I also want to clarify tonight, so um I've kind of placed you guys check to see what works with availability and whatnot. Um, I've placed you guys as lians to the commissions on that second page. Um, we have one spot to open for I guess two spots. Community Development Authority had not met in several years. I'm not appointed anybody. Um, I'm leaving opening. We need if we need to build it in the future, we can. Um, but sewer and water commission meets the last uh Wednesday of the month at 4:30. Um, I know you guys all have at least one commission that you're going to be serving as a lys on. Is there anybody that would be willing to be that point of contact that lays on for part and super as well? Understanding I know already schedules are crazy. Um and even if it's you know if you have to miss a couple this is not an obligation. This is not something that is in the ordinance that states you have to do these. It's just a good practice for us to keep that um line of communication with in the words which I'm teaching at that time. And if not, we'll move on. But does anybody have that availability to do the last Wednesday at 4:30 for waters for

1:00:14 – 1:00:530

I was gonna say I can keep that one. Okay. That is one of the easiest ones. It is. It's a great entry level. It is. If a new person can make it, I highly suggest they are very efficient, nice, quick meetings. They know what they're doing. Going to 5:00 is a long meeting. Yeah. Great. Well then we will um I I pencil Mrs. Mara in there for water. Thank you. When is the community development authority when do they meet? Never. Oh they never meet. They haven't or they haven't there's not even a really community anyways by left. Okay.

1:00:53 – 1:01:330

So with that as long as everybody is okay with that we are looking for a motion. Then I'll make a motion to approve the mayoral appointments as presented. I'll second. Motion by Terry, second by Samantha Ben. All in favor say I. I. Any oppos? Motion carries on September 6. Looking for a motion. I'll make a motion to adjourn. Second. Motion by Sam, second by Missy. All in favor say I. I. Any opposed? Motion carries. Um meeting at 5:45 p.m. are copying.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.