City Council - Regular Meeting

I should have gotten a little warning or nothing else. Ready? Yes, ma'am. Good evening, everyone. It is now officially 6 o'clock and we're opening our council meeting. We will open it with invocation and a pledge. Thank you. Heavenly Father, we come to you this afternoon thanking you and praising you for this day, all your blessings. As we gather here at City Hall tonight, we ask you for your presence and your wisdom uh in discussing and making decisions concerning the the welfare and the betterment of our city and and all the things that we have to make decisions upon tonight. We thank you for all of your blessings upon our city, but help us Lord to do things uh dear God that will uh help in every venture of our of our city government. We thank you and we give you all the praise in Christ Jesus name we pray. Amen.

Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

With that being said, we would like to recognize all our visitors and we thank you so much for taking out of your busy schedule for being here. And also I would like to introduce one of our special visitors today uh one of our foreign exchange student and I I'm going to let her introduce herself. She's with the leadership program from uh Crockett High School. You might have to adjust. Can you hear adjusted for my name? and I'm student from a small country called Asia and my program is future of America and I'm here to share

welcome welcome but she'll spending some times with me as a shadow and we're going to walk around. We'll be visit visiting other departments and if you would like to speak to her, answer any questions. She's she'll be writing up a summary of all the experiences that she's had. And so every department head or department person, don't forget to speak to her and let her know who you are. And thank you so much. Uh with that being said, do we have we don't have any comments from the audience? And that moves us to the approval of the minutes of regular session September the 15, 2025. Approve of minutes. Everyone has a copy.

I'll make a motion to approve. I second. It's been moved and second. All in favor? Motion carries. Brings us to the order of business number two. Considering approving ordinance amending chapter 19, utilities of the Crockett Code, amending section 19 through 37, increasing the rates for residential and commercial water service. Amending section 19-58 increasing the rates for residential and commercial sewer service containing a servability clause contain a rep repealing clause and providing an effective date. Mayor and council, when we went through budget workshops, we uh discussed the fact of whether we were going to pay our debt based on the ad valorum tax or whether we're going to do it on a usage basis with water and sewer rates. and council directed to put part of that into the of paying the debt by using the water and sewer rate increases. And I want to go through and discuss how that kind of breaks down for you. There's no base rate increase on water or sewer, but there is a consumption rate increase. So that basically means that the people that will be paying for the the increase are the ones that use the water and the sewer. It's not across the board. And for an example, an average user, that's what you see down here at the bottom is the 376, but that is based on the average of our total water usage for the year from all of our customers. Whereas an individual household that uses a very minimal amount of water, say less than a,000

gallons, they won't see a dollar increase on their bill at all. It's based on that. It's not based on the fact of it's across the board. It's an average for that. And what that does is you can see on the water side the revenue increase that it brings. You can see on the sewer side what that brings. and that's to pay the debt for our infrastructure. And if everybody's been around town the last couple of days, you've seen plenty of water manes that have been broken. That infrastructure has been here for a long time. And not only is it pay for that, but it is leveraged funds with that as well. We're not paying the total amount because some of that is grant money that we're paying the match for. So you're not paying the total debt of the 14 million. You're just paying the portion of that that we're required to pay back. And so that's part of it as well. And the downside to this is is we've already approved and ratified the budget for next year. And to balance that budget, it was based upon the fact that we were going to increase the rates in our water and sewer to do that. If we choose not to raise the water and sewer rates, then we've got to find a deficit total of about $328,000 out of the adopted budget for next year in water and sewer. If you will remember back to that budget, there's not a lot of fluff in that budget whatsoever. And in my professional opinion, if we have to cut $328,000 out of that budget, we basically won't have a water and sewer department is what it amounts to. And that's kind of

where we are at this point. And so again, and I understand that some people are worried about the base rate that did not increase at all. It's all based on the consumption. And that's the sin increase for consumption per gallon of sewer is 0.0. 088 cents per 100 and the water is 0.081 per 100 gallons of water. And so that's where we are. That's why it's proposed because during the workshop council directed to pay that debt out of consumption instead of out of the taxes against property. So that's my presentation and I would remind council as we move into the discussion phase that you need a motion and a second on the floor before discussion takes place.

What is the plan? Okay. Then I'll make a motion then that's the only way we discuss it is consider approve an ordinance amending chapter 19 utilities of the Crockett Code. Amending section 19-37A increasing the rates for residential and commercial prop water service. Amending section 19-58 increasing the rates for residential and commercial sewer service containing a severability clause containing a repealing clause and providing an effective date.

I second that motion. Okay, it's been moved and second. All in favor to discuss. You can have discussion then. Yeah. Well, that's the only way we could, right? You the motion had to be made now. Now you can have discussion. No, you can. Okay. We didn't have to vote on it. Okay. So, it's an open discussion. So, um it's open for discussion.

Does someone have did you have something you want to say? Oh, yeah. Uh well, yeah. I want to ask um I understand that we um you talk about Yes, ma'am. I I apologize for leaving that part out. I've got it here before you. If y'all will see this separate sheet here, Miss Hicks was questioning the fact that in the ordinance, it says for those outside the city limits, the water rates just double. And because the agenda was posted and the ordinance was posted prior to that discussion, she wanted it to be in the minutes and and that we can bring that this section back for an amendment. And it basically just spells out the fact what it says is rates for water service furnished outside city limits shall be twice the inside city rates. Accordingly, the charges are one residential water $49.34 base rate plus $126 per 100 gallon used. Commercial water $6942 base rate plus $126 per 100 gallons used. I want to be on the record to say that uh I think we got some of the highest water rates around for the type of water that we receive and that we buy. And uh so I think we need to go to the water district to revisit our we don't have a contract. I was fix contract. We don't have one, right?

Is that right? We don't have a contract with them, right? That's what the lead. And how many gallons of water do we buy that we don't use? How much? It dep it it depends per month. A million. Yeah. But aren't we at least about that?

At least a million gallons, right? So I think we need to go there before we raise the rates on our customers, our our people that we do. I I think we need to visit that. We need to visit that first. So

Okay. In terms of where we are right now, you also say we're not going to have a water department, right? Okay. The one thing about it is that because of the way the budget was at, I I don't think it exclude going to them, but it's going to become a legal issue and it has been a legal issue for a while.

Have you looked at Facebook and see how many people that's been that our water stinks our water when we get it from the water district and they're sending us bad water and we're paying for it. Okay. What we would have to do even at the staff because that contract it this isn't the first time. I think you've been around long. I've been wanting to do something about it for a long time.

Each time you have presented, but you know that it just can't say we won't do it because we need the water. I mean, that's that's a given. We got to have some water. But if we to do it, it might be a better proposed at this time to prop propose how we're going to address it legally because you just can't say no water.

I mean, that's I mean, if you like, let's just pay for the water we use. Okay. But that that has to be done through a legal step. Correct. Do we have a contract? Well, that's it has to you still going to have to have a legal person to make it go into effect. You can't just go there and tell them we're not going to do this water and and they cut it off. Then where are we going to be? We do have to have water. I mean, it's not no ifs, and but there has to be a procedure or process for going through it. So what we're proposing

if I could say something I mean I you know I just don't I mean what they're doing to us I don't know the inception of that you know you know say there's no contract there's no contract I don't know what our obligation would be then to just to keep you know paying for that and and and if it's going to take legal if it's going to take legal action to stop it u I mean you Why? Why? Why couldn't we? I mean, I I just don't see how you how some anyone would agree. I mean, it'd be like anything we go to do go to buy something, they say, "Well, we're going to charge you more than what the price is." I I wouldn't buy anything that way.

Okay? And I said, and I I've said it before, quite a while ago. I mean, you know, I understand that, you know, that they're in a bind and but I don't think it's our fault. But even if I mean, yeah, I understand what you're saying about and uh if and if and if and water is going to be the issue for our county probably from now on, there's going to be people coming after our water and we're going to have to just u uh you know do something to protect our water. And if we let them I mean if something happens they shut down and we don't do anything. It's my understanding the state could come in and take the lake over and they could do whatever they wanted to with the water.

Okay. I just wish there was a way that we then if if if they're struggling that we could take it over and refurbish what needs to be refurbished so that we could have the water. But then that was the I mean that was the art I mean I'm sorry that was the statement that was made that we were going to get we were trying to get an assessment for what it cost to take over it and that was what was being put together

and part of that is in the debt that we're paying off is the the assessment of [Music] Okay, we know how that is. I'm not going to argue with nobody. We can't control it. Okay. Why don't you tell us I mean I understand what Mike is saying and I understand it. But I think we are in the process of trying to make an assessment

of of of where we are in our assets, where they are in their assets to see what options there are. and and I don't think we're arguing the fact of whether we should work towards a solution in that instance, but this is more budget related to the water and sewer rates as is now.

Right now. Yes, ma'am. Okay. So, so my where we are I'm sorry. Go ahead. So, my my question so basically the water rates so we're still dealing with with the budget in general. Yes, ma'am. the whole budget, right? So, my my suggestion or my recommendation is I mean, have we actually looked at the council as a council? Have we actually looked at the budget actually reviewed the uh purchases items that we're purchasing things that we can go in and possibly And you're saying that we can't cut some things. Can we go in and look and see what's priority?

I think I mean I mean the council have looked at like things like that. I mean overall balances we haven't gotten like you know like just say I think we in uh um I think added this past year and not to just say the and not to uh but just say for instance um uh I guess the the shelter I would say that we added that

the what animal shelter animal shelter we added that and added to edit edit that. So, I'm just asking that was in last year's budget originally. It continued over to this one. Yes, ma'am. What I'm asking is just let us look at re revisit and look and see what's

what's priorities. We and and I understand that, but we approved the budget that took effect October 1st. Okay. the budget is is there and so and this was part of the proposed budget that was approved by council to move forward. And during the workshops, council directed that the consumption of the increase of water and sewer rates was what was going to take to be that $328,000 worth of revenue for that budget to exist starting October 1st through September 30th. This is to pay the debt or the water.

This is to pay the debt on the water. So, how how did we get there to have to do this to pay debt while the water department? It's supposed to be self-funded. I mean, our taxes supposed to be self-funded. How How do we get there to have to use water rates to pay debt? because it's the Texas Water Development Board funds that we received for the North plant. It is for money that we're getting that's going to basically replace the water lines on East

to do for water, not and and the north plant, the whole sewer plant. So So that's what I was asking you. But you're saying debt. This is debt, right? Overall debt. overall debt. I was talking about water. I mean, water is supposed to stay in water. Uh sewer is supposed to stay in sewer

and it it is and that's why you'll see. So, are we doing this to buy police cars? No, sir. We're doing this to get potholes and another budget. No, if you if you'll look in the water and not not I'm just asking general, not nothing to do with y'all buddy. and the water budget and the sewer budget. You'll look down through there and it'll show you the debt line items and that's it's for the it will pay and those add up to in the sewer side where it says total revenue needed. The debt payment for the year is $168,626 just for sewer. And when raising the rates that raises it to 171,51869. But then you look at the water,

it's because we've been getting increases from the water department or water. These are just the debts for the loan from the Texas Water Development Board and those other things that are going to redo the North Plant, which like I said, that's leverage money because we're not paying the full 14 million back. It's just a percentage of those that we're paying back. And so like on the water side, the total revenue needed to pay the debt is 159503 and we're going to raise 15787516. And you put the two and so we were able to absorb the 2,000 in the water side and we'll have a little excess just based on the rates on the sewer side. So that it is to pay the water and sewer debt only. It will stay within those budgets.

So what it means is everybody's not paying. No. And they're not because it's based on the the ones consumption of water and balanced out. But we we do that already enough. So Okay. But one thing I mean where we are right now with what's been allocated what we agreed on in the budget first. The only step that we can take at this point is to go forward by and like I say, I think we're already in the process to get an assessment of what we can do and how much we're obligated. People have been saying for years that it's not a contract, but for some reason we haven't been able to get out of it because we needed the support of the water each time. Each time we've had a fail in our water just to supply, we've had to go back because you got to have water one way. But I think at this point where we are and everybody's frustrated, but the fairest part is if you're not using a lot of water, you're not paying more than you normally would. I mean they didn't raise if you're if you're using the same amount of water your increase is not going to be overly reflective of an additional but we are do have out of the city limits and it is going to be but then the the infrastructure to get it out there is not as simple as it is to get it in town. We've been struggling and I'd ask uh Stanley to mention it a little bit but with that busted line just one line and then another line and then another line just if you've driven down the street. So we are in bad shape with uh sewer because it hasn't been fixed in over 60 70 years and every time one bust. But what I'm saying that this this this it might be a band-aid. Call it what you like. But if we can get through this and get a legal opinion on what's the next step cuz we're going to have to go forward with it. We've already looked at the budget. Everybody has made their recommendation. Do we like it? Not at

this point, but we are going to have to do something about it. But we're at this point, we need to get the water and get the sew and get the bills paid on because the bills are going to have to be paid one way or the other. And then from that point, we can assign a special counsel to go in what what does it really take to get out of it?

And we're going to have to do that. And you know because it's the the customers aren't happy the people aren't h happy about it. So that's said so that that's where I was asking question about the opera the American Rescue Plan Act when they imposed that act those monies were to uh given to cities such as ours to support uh infrastructure issues, water issues, uh pipe lane uh issues. And so my question with that is what do we do with it? I mean did we use it for the purpose of priority items or we just made a wish list and just went through it and not even addressed the uh issues that the people had in the county because during that time the people had issues with water then we had issues with streets then we had issues with is infrastructure then. So what I'm asking is what do we do? Why didn't we react then like we're doing now? I mean, when we received this money, we should have looked at all the priority items and took them head on and address those. But now we in a predicament that we we got to figure it out. So, I I talked with a lady today and I was comparing the water issues inside the city limits and outside. I just went a little bit a little bit further and this friend of mine just so happened I called her and she was telling me that she was having issues because she was already had a plumber out to her house and I said, "Well, sister," I said, "I'm glad you told me." I said, "Cuz that's what I'm calling about." Well, I called her. She said, "Terrina," she said, "It's water." She said, "It's my water bill $200." She said, "And I had a leak. Did not realize I had a leak and it's her water bill $400." I asked her if she had gave me permission to get her copy of water bill and I did and so she lives out in Meta View, but she has a $400 water bill and

she was very upset about it and she was like, "Y'all please don't go up on the water cuz I mean she said the water I can't take a bath in it because it breaks me out. It has all those extra chemicals in it and I and and plus the past week or so I've been receiving emails with bathtubs with water and it's just brown just

and I can address that. Um part of that is starting I think it was September the 15th um the lake had to do what they call a free burn. It's required to basically change over from chloromines to chlorine and and treat the water to clean out everything. And when you do that, it does exactly what its purpose is. And it's going to clean out old pipes and whatever's in those pipes is going to come out.

Well, I now will say this with the new flushing in the water and it coming in with the four, look at your pipes. I had four pipes removed and because I'm I'm in an old house too, they're full of rust. I don't know how they build up. I don't know. But I would bring it here just for example. You wouldn't believe that that brown is not coming so much from the water. It's coming out of those pipes, right?

They're very very if you live in any of the older houses. I didn't know it could be that much. I'm in the process of changing mine to I mean personally to the rubber. Only thing I got to say about that, um, don't nobody want to pay for it, but how we gonna get it fixed if we don't pay for it?

Yeah, I agree. I mean, it's always going to hurt and it's always we going to have to pay for it. It ain't going nowhere. So, the thing after we get through paying for it, can our bill go back down? And that's and that's what you're waiting for. The trouble is everybody don't pay for it.

Yeah. And and it's fair. I mean, it's not a lot of things that everybody get. If you stop using a lot of water, your bill won't change much. If you use a lot of water, your bill is going to change a lot. And I know some people have extra things and and if I mean, and so that's in terms of fairness. It doesn't get any fairer than it. I agree with everybody pay for

my water bill is over $400 every month. I'm I certainly don't want it mine to go up, but if if I'm asking this question right in a previous meeting so that everybody can understand, we agreed to do it this way. Is that right?

Yes, sir. That was during the budget workshop. It was unanimous that we put this on consumption, this part of the debt on and we as council agreed. Yes, sir. To do with the water and the sewer. That's where that funding was going to be. And the money was going to be used for those specifically.

So that agreement from the council brought us to this point. Yes, sir. All right. My next question is if if if if this didn't pass, what are the consequences? Well, we've got to go back to the water and sewer budget and cut $328,000. And like I

And what would that mean? It's going to eventually end up in layoffs of of workers. And that's why I said in my professional opinion, it's going to be a challenge to have a water and sewer department because there's not a lot of extra money in those two budgets other than personnel

and with the number. So we we um incurred what uh about a million and half of salaries between two people this year. A million and a half. One million. Uh where you and John sell.

So we It's not close to a million. It's a million and a half. I want in on it. Yeah, me too. Is what? Well, what was it? No, I'm I'm going bring it back. But anyway, we But anyway, we need to look at personal name. So, I can I will tell you this. Let me introduce. Yes, ma'am. So, remember I was asking at I think earlier names.

Uh I was okay. I was asking earlier at um uh one meeting and I was inquired about salaries. Sure. So have we not looked at you know salaries because have we not looked at positions that we may not necessarily need that was created

because of the budget off subject now. Yes, we are. And we and besides So I make a motion we I make a motion we move on the previous question. Looking for money. Okay. I make a motion we move on the previous question. Yeah. And that's the one. Yeah. A motion was already on. Okay. But no, but you you

the previous question. Make a motion we move on the previous question. That's acceptable to say it. It is with a with a second. Then that would terminate all discussion and proceed to the vote. Now with a second it would terminate discussion and proceed to an immediate vote. I second.

Okay. So you vote on the previous question first and the previous question. What did you want to do about the water department? No, you just All in favor of the previous question. That's what you say. Oh, I thought Okay. All in favor for the previous question. That was the one we were working on.

Yeah. Yay. Nay. She's asking who's in favor of the previous question. To go back to the previous question that you would That's 30. Okay. Now, now you vote on the motion that Mr. Ivy presented approving the ordinance.

Did you I made the motion. We had a second. Yeah, you had the motion in second. Now that's what's on the floor. The discussion's been terminated with the previous question. And now the motion on the floor is to vote for approving the ordinance for raising the water and sewer rates or not.

I thought it was just water rates. No, ma'am. It's water and sewer rates. They were both on there. Okay. You went back and changed it. No. No, ma'am. Because we remember the first meeting we had. Oh, no. We're talking about today. The first meeting we had. How are we still discussing? Discussion is no longer on that. We've had a discussion. It's up to the vote now. Okay. So, that was the motion and it's been approved.

Moved and second. Moved and second. And now you're ready for the room. Yes, ma'am. It's already been Yeah, but they only they they already been discussed and it that was what was on the table. Yeah. But they bring the room. Uh, we're ready for the vote. We're favoring the roll.

Yeah, we're ready for the vote. Yeah. Okay. All in favor? Opposed? Are you opposed? Did you raise your hand? You What is it?

It was all in this for all in favor raised already. It was the three with Okay. And oppose. Mike's opposed. Mike opposed. And I was asking if it you don't vote this it's opposed. Okay. It's Yeah.

It passes. Okay. So, they've moved on. Motion pack carries. Brings us to the next item. As soon as I find my front page. Okay. Item number three, public hearing on request from Tracy Ross Jr. for a specific use permit to place a manufacturer home on property currently having an address of 804 Cottonwood located between Berlesen Street and West Hall Avenue and identified by the Houston County Appraiser District as partial 4309 and 4310. legal description being lots number eight and and and nine in the JW Hog block of the Dport addition to the city of Crockett.

Oh, we're council. Oh, I'm Oh, that's right. I'm sorry. This is the hearing part. Public hearing. If anybody's there would like a comment, you may come and make your comment. We'll leave it open for a few minutes. A minute. If nobody has a come in on that, you actually get to say something and we want him. Okay. If it's nothing, did you have something to say about it?

On the previous motion is correct. No, no, no. This is only three. The request this the public hearing on the specific use permit item number three. That is all you can discuss. If you have a concern or comment, does anyone have it? If not, we'll close the hearing. Okay. Hearing is officially closed. Brings us to item number four. Consider an approved request from Tracy Ross Jr. for a specific use place per permit to place a manufactured home or property currently having an address of 804 Cottonwood located between Burlesen Street and West Hall Avenue identified by the Houston County Appraisal District as part of 4309 and 4310. Legal description being lots number 8 and 9 in the JW Hog block of the depot edition. Mayor and Council, uh, we had a application for a specific use permit as required by our ordinance from Tracy Ross Jr. to place a manufactured home on the lots that are described. Went through planning and zoning. It will meet all setbacks and requirement. Uh, planning and zoning saw that there would be no adverse effect. It would not substantially depreciate the value of adjacent nearby properties and it will keep in spirit and intent of the city ordinance. It will not affect traffic circulation or public utilities or health and safety. There was a public hearing at the planning and zoning commission on September 30th. One person spoke in favor, none opposed. Planning and zoning recommended approval of the specific use permit for the placement of the manufactured home. It will be a 2025 year model manufactured home.

Okay. Um I make a motion we approve. I second. It's been moved and second. All in favor? We have to abstain because we're I have to abain because that's it's a conflict of interest because I own property within the 300 ft mark. As a matter of fact, the property they took to put the trailer home on my parents actually used to own it as well

and I'm I had I would have had to abstain too because I have area property in the area. Okay. Conflict of interest. So with that being said, motion carries. All right. Item number five, consider and approve authorizing the city to proceed with lease agreement with deep East Texas Workforce Solution at 1505 South Fourth Street, Votech uh Center, Vocational Tech Center, and determining uh lease value. Council,

mayor and council, um we have a lease agreement um that with the workforce uh solutions office that's within the uh votech center um before this lease agreement is drafted and numbers are placed into an agreement to you. Uh we did reach out to the workforce. They're aware of this. That's why we're currently under a month lease with them because they knew that they needed to renegotiate this after transfer of asset.

How much is that month? Currently the monthto month is as the previous it's based on reimbursements of utilities only. So they will only reimburse the city for cost of utilities. Uh that was the existing previous agreement. We continued on from month to month in order to not default on it because that lease agreement expired that they were under. But we knew that the transfer of assets would take a few more months. We went to a month to month and as the um the city becomes um a uh lease score of the property under a master lease agreement then we will sub lease that property to proalis workforce solutions and so forth. But as those leases are drafted we wanted to bring it to y'all to get your um input on it. Um, as I put down, I have a a sheet there for y'all to kind of explain some of the specs of the property. It's 1,800 square ft of office space. Um, I have on the back side of that sheet, I also have some pictures of it. I'm sure y'all work for an office. If you have it, there's just a few pictures. I reached out without hiring a some type of a licensed or certified appraiser and paying funds for it. Uh this definitely falls in with council's perview to decide um what y'all think is fair. We did reach out to some realtors and we got across the board different numbers what they based on their lease agreements that they worked with other companies at least from the office space. We got 30 members in talking to workforce. They the DPS Texas workforce solutions. Um they currently have five other leases and they said this offer here is based on an average of what they currently lease for and they'll be they would be

willing to offer this much. If if you you guys decide that the lease needs to be more than that, then they would request that we go through a procurement process or they actually go through a procurement process seeking other buildings, other leases, other options before they decide to pay more than what their average is. But that that offer the offer for 1,00522 is what they're offering um based on five other sites and they would be willing to on top of that and not the whole process.

So, so my my question was so being that we had the have the month-to-month lease agreement so um and the pan it has the property has not changed or anything like that. So are we trying to do a lease agreement now to start recovering the lease fee or what are we what are those going that were replaced two in this last year.

So as costs of HVACs roof leaks windows um need to be there's maintenance cost and there's no revenue to cover those. Yeah. With that being said, over at the civic center, same thing. You have the chamber over there. You have the chamber there.

And that's why you negotiated a lease agreement with them as well. Yes. And you and their lease agreement is $386 a month for one office. They're only leasing one office. This is an,800 foot office. Now, my next question with that being said, um what other uh conference rooms are they allowed to use or utilize for their event without a cost? the

No, no, the chamber. Oh, no. That's not on the agenda today, right? But it's it's it's relating to to this agreement. It's related to No, there only one. What I'm asking is so so that means that we should have um pretty much kind of talked about it before you went and talked to cuz I'm asking um who initiated the conversation you know because

that's why hadn't spoken you had spoken no one has spoken excuse me that has been that's why we're talking input well I will say this this has come up before when we first started looking at pllis This is not the first time we have discussed that it that they were uh in because they do rent another property in the city right down the workforce.

Yeah, the workforce. The workforce is an established organization. They do have funding sources and there are they're they're not just this little small off they're part of a corporation too. And so in terms of has the city been very conscientious of it and supported they've been very supportive for years. This is not the first time. This is about the third time this conversation had came up and in the me before they before PVLis got in they were there and we were just assisting them. But I think that it's I think at this time it is appropriate for them and we're doing each one uh and they're an entity that should be responsible. We we appreciate what they're doing but they're self

but for to just uh and they they've been aware of it. The head department has been aware because they came and visited. Yes, ma'am. But my understanding from the get-go when Proalis entered into that building is that they was very receptive. They wanted the workforce to be in that building because they they you know but if they get to the point to where they can't um afford it or we force them to get another building because of the lease agreement and the expense of it is not

May I interject May I interject please? Yes. That is why the agenda item is worded the way it is to get council's input into the dollar amount. But this is the dollar amount that workforce came to us with. This is what their average rent for their facilities are and this is what they want to pay. Now I have to be careful with that because of the fact that last time that you all went to prov uh not provided but the workforce and you spoke with them and you came back to the council with what they agreed to is really not what they wanted to agree to. I don't know what the conversation was but a lot of the details we didn't get and a lot of the details we don't get when you all meet with these different um entities. We're when when you leave that I don't feel like we're getting all of the detailed information. So discussing this right now motion where we Okay.

We we I'm allowed to ask him questions so we can discuss. Okay. To the point you've stated. Okay. What what they're proposing and what what we need to hear is the baseline. They have always been aware that it was going to have to be a charge. There's not a a question about it. We went to them and they knew that it was going to be a charge because they always pay for the building that they're in. Uh we're not forcing them to leave, but it is a point where you do negotiate the best price, not looking at what the market value is. That's what you do when you're protecting the city interest. They I mean they're they get paid. So there's somebody's paying them and so it is a and they're they're not thinking about leaving and we're not thinking about asking them to leave but we are asking them that they do need to be prepared to pay a decent rental.

Part of that is part of that has got to be fair market value or a public benefit and that's what our city attorney can answer as well and that's what the same contract that we use for the chamber. There's a couple of other things in the city which I told you when we did the chamber one that there was more coming. And so this is one based on the fact of they came to us with a number. We brought it to council at the beginning of the process to get your direction to move forward with this lease agreement. And if you thought that the number that they were coming forward with was adequate for the council to be satisfied with or if we needed to go up or whatever. And that's why we're doing this at the outset of this process with the council. Now, this is not the actual lease agreement that we're voting on tonight. the the agenda item says in determining a lease value for this lease agreement. That's what we're trying to determine tonight.

I mean, that's understandable, man. Anybody got a building and going to pay rent, man. So, that's that's what take no rocket science. At the end of the day, what we need is y'all to give us a direction in terms of a lease value in a motion.

Okay. Well, this is what I'm my question I want to ask you. Um, uh, Mr. Johnson, you're correct. Nobody's going to really pay a a for, you know, not be in a bill and not pay for it. So, with that being said, that's a nonprofit. And so, y'all going to have to make it make me understand, are we not charging for ballots? Is is ballots being in that building for no fee?

Okay. We're not We're talking No, you're talking. We're not making comparison. That's what I'm saying. We're getting to the point of where we're we're coming close. Hold up. Hold up. Hold up. We're coming close to What are you doing? Let me just Hold up. Yes, ma'am. Okay. Hold up. No, we're not. Uh, Excuse me. Excuse me.

Okay. This is where we are. I'm just being fair. What you're doing, Excuse me. You're doing apples and oranges right now. We have an item on the table and what that item is is to look at the recommended cost and what we're going to have to agree on. Should they be charged and what is the a parameter that we're looking at? We're not comparing what they're doing. We're comparing them to them. That's all it is to their

not charging someone else. We are not char we are looking at them specifically and seeing what the recommendation on the sheet that they gave you. They told you what the deal was and we're going through and they came to us with an offer of 1522. I want to make a motion we take their offer. Please. I want to make a motion we take their offer.

What's the offer? 1520 something a month. 1522 plus their portion. So I want and and their portion of their utilities. uh with an exception with an exception it be one year lease at a time just in case PVL needs that building later or that section later

and they willing to pay that right yes sir okay I'll make that motion okay wait a minute hold up but they're not certainly utilities explain the utilities did you say what the explain utilities said okay hold up let's see I said utilities no no no explain to

he made a motion So a motion is on the floor. So the only thing can be done now is either a second or it dies for lack of second. I second. So now it can be discussed. Okay. Moved in. We've been discussing it. Okay. The discussion has been and you're saying and you the recommendation is what they provided is plus the a part of the utility.

The utilities and that's what we have on here. The utilities are being currently paid in full by probalis. The utilities will be reimbursed between the two the two entities. The city is not going to be the middleman anymore.

Okay. Current agreement with proales already provides for proalis is paying for all of it and they have agreed to share that cost between them and workforce. That's my motion. That's the only thing. We need a workforce. How you know we need them. It's not a question.

Well, well, we're going to do what they offer. They offered it. We didn't. They offered it. They offered it. Okay. So, any more discussion? So, what? Yes. Yeah. Real quick. And the and what uh what I what I was trying to figure out is like even they with them being with them offering that I mean we weren't even advised or given opportunity to even give a suggestion of what we would consider it to be leased for

we talking about it now right now that was what the conversation beforehand because my understanding is that before they discuss any agreements and contracts they should advise does. Correct. You're being advised. Whatever you want. What do you want it to be?

Okay. Well, the bottom I mean that's your interpretation that you haven't been advised. This is an advisement. So what what I'm saying is that the council governs the body, right? The council governs the city, right? You have been advised. No. Before he goes and make any agreements, we should be

This was not an agreement. This was we have to on a day-to-day basis move things forward. And so that's all this was. This was not coming to you with an agreement to be approved. This was to come to you with what was offered to us. And if the council was accepting of that or not, this is not us entering into an agreement tonight. This is only the fact Mr. Marsh's motion is to accept their offer. And if we accept that offer, then we can move forward with the agreement and then it will be an actual contractual agreement between the city and them. This is nothing more that we will bring back to you the next time. This is nothing more than the council determining the value. This is as open, transparent, and upfront as we can make anything.

And let me let me just interject this one. The city doesn't do the daytoday. I mean the council doesn't do the daytoday operation. That's why people are in those position. That's in the scope of their job to do the daytoday paperwork. Then they bring it back as a whole and present it. But it is not the council's responsibility to oversee the general job. They bring you the summary of what they're hired to do and that's in their their and they don't even know what you don't even know the summary. You don't even know what's before the summary. You don't even know what they're doing at all. So, I'm just saying that's a job description.

You you've had you have an agenda for a week, but he did this before the agenda. Okay. Well, with that being said, talk to these people. Okay. I make a motion we move on previous question already done that I'm saying just reiterating it is going out I mean

I make a motion we move on the previous question I second enough I make a motion we move on let's go back to where we were made second please and that's the end the discussion is they just ended the discussion

you've got a previous question motion and a second and it doesn't matter you can make it at any time End end of discussion. Hey, I could end discuss of discussion, Miss Fisher. End of discuss. No, read your part. You can do that. No, you have to have to vote on when we're in discussion. Discussion can be completed.

It cannot. And then then uh it cannot be considered when you call for the question. He's already called. You have to stop the I got a second and it's a second now. All in favor of the previous question. All in favor of a previous motion. I I did read it. Okay. So,

okay. Three full. Now you vote on move accepting their offer. Okay. That's what and I that's already on the table. And that was already on the table. Been seconded. Okay. It's been moved and second to accept offers. All in favor? I have to accept.

Motion carries. All righty. Uh item number six. Is that the right one? Am I on the right one now? Yes, ma'am. Okay. Public hearing on planning and zoning commission final report with conclusion and recommendation for proposed zoning text amendments relating to homebased business. Open for the public hearing is officially open. Does anyone have any direct uh input the information that you have? Does anyone from the public have any comments? Going once, going twice. Hearing is closed. Okay. Bring us to item number seven. Consider and approve an ordinance of the city of Crockett, Texas, amending article three of the appendix A zoning of the Crockett code deleting section 308 home occupations in its uh entirety including the requirements for a home uh occupation permit or home I keeping my occupational conditional use permit issued by the city and replacing it with a substitute section 308 Homebased business and garage sales to comply with home bill 2464 passed by the 89th Texas legislature relating to the authority of a municipality to regulate a homebased business permitting a no impact homebased business as defined by House Bill 2464 to operate by right in a residential district if the business is comp compatible compilable with the residential use of the property where the business is located is secondary to the use of the property as a residential dwelling or is adjacent to the property owned by the

same owner and having a primary use as a residential dwelling is not a business that sells alcohol or illegal drug. is not a structured sober uh sober living home and is not a sexually oriented business as defined by text local government code section 243.02 02 incorporating curtain provision relating to the city's limitation to regulate commerce and firearms etc. and current provisions relating to garage sales into substituted section 308 providing a servability clause containing a repealing clause and providing an effected date

interpretation. Mayor and council, let me try to let me try to summize that pretty quick for you. Basically, House Bill 2464 that the state legislature passed, it specifically prohibits a governing body or municipality from adopting or enforcing an ordinance that prohibits a no impact homebased business. And so basically what we're doing is adapting our ordinance to meet the state law is all this is doing. And there's several of those that will be coming forward. And that's all this is doing. And as far as the garage sales go, it it is included in this because that's where it fits in our ordinance. It doesn't change. There's no rule changes regarding garage sales in the city.

People still be Yes, they they can still have them just the same way they did before. All this basically does is the state basically told the city you cannot regulate homebased businesses if they don't if they don't create a traffic hazard a this a that basically the state is taking the control away from the city of what we can regulate and we're codifying that because and it went to PNZ public hearing PNZ recommended council approve the ordinance change to codify it

so it. I I didn't and I don't know this, but so just maybe think can someone have a at their house, can they have a garage sale every weekend? No, sir. Actually, uh

according to our ordinance, they cannot be held more than twice a year. Okay. So, what you mean by like a homebased business? a homebased business. If you've got a perfect I mean if you if you're a baker, if you're selling cakes or cupcakes to somebody or whatever else, I mean something that you do out of your house that you make money from as long as it's not alcoholrelated,

maybe even a nursery for children. Children, those kind of things. Yes, sir. And basically that's like I said, it's the state mandating mandating and it's just us codifying what we had. So we're legal with the state.

So these would incur like fines and citations. Sir, these would incur fines and No, actually this loosens it up to where unless they we can still manage to make sure that they meet the fire and life safety code, you know, those kind of things, but it really

well like they're cooking. You still have the the the state, right? Uh you you still have the state lady that comes by and checks you for department of health department referencing to the garage sales if they have more then how many's allowed

down two per year but the garage sale component is it's just in this ordinance but the thing we're codifying is the homebased businesses as a whole that operate daily daily. Yeah. And so the garage sales would just put in the or it's in that ordinance anyway

and their hours would not be limited, right? And they can't have an open sign. They the homebased business, you cannot put any signage that says that it's a business. I mean, that's the one thing the state did keep in there. But basically, if you've got a business that you run out of your household and you don't cause problems with the neighborhood,

no signage, no signage, then the state says you can do it. Okay. And ours was different than that. Now, what about Well, I I I'll hold that. So, that's basically what that is. And uh that's a that whole thing basically is

state change. That's lawyer talk for codifying that ordinance. Am I correct? Correct. Okay. So, they they they could they could put a commercial on the radio. Sure. And give their address. Just no signage on the property. No open signs,

right? Yeah. Okay. Make a motion that we approve agenda item seven as read by mayor. Okay. I see. It's been moved and second. All in favor? Motion carries.

And everybody don't forget national night out tomorrow night. Tomorrow we'll be hanging out together. Yes. And looking forward to everybody being there. Quick second.