City Council - Regular Meeting

Okay, it's time to get started. Normally, we do the transit trust before the city council. Today, we're going to be doing the city council first because of um executive session items on on the other agenda. So, at this time, I'm going to call the regular meeting of the Lton City Council to order. Please stand for the invocation by Pastor Bob Waguer and remain standing for the pledge of allegiance. Pastor, thank you, Mayor. Our father, as we come before you tonight, we thank you for the sunshine today. We thank you for uh the safety and the protection that has been provided through this storm. We ask Lord tonight as we gather that Lord you would help us to recall the things that are before us uh that uh the decisions that need to be made for the best interest of our community would be made. Thank you for your goodness, your grace and your mercy. Have your will and way in our lives as we seek to make our city all that you would have it to be in Jesus name. Amen.

Amen. I pledge algiance to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible with liberty and justice for all. Okay. Thank you, pastor. Please call the role. Hin here. EPS here. Brown here. Demery here. Hampton here. Weaguer Williams present. Warren.

Okay. Quorum is established. Um at this time we're going to take just a minute to honor the chief of police, James Smith. And I think the city manager has a poem he wants to read. City manager.

Thank you, mayor. The poem is called A Hero's Final Watch. A badge is polished. The shoes are shined. A final post now left behind. Through dangerous streets, you took your stand, a helping heart, a guiding hand. Though you have left this earthly beat, your service makes our lives complete. Rest now, you brave and faithful soul. You've reached at last your final goal.

Thank you. And I wonder if we could just stand and have a moment of silence. Thank you.

Okay. And um now some agenda items that we are changing here. We're going to strike number one, right, Don Lynn? Okay. And then um I'll discuss the others as we go along. Item number two, employee spotlight award. Michael Hawings, Danny Hamlin, Antonio Chavez, Dylan Lef France, Araldo Valenoid. I butchered that. I'm sorry. John will get it right. Donald Batty, Jonathan, Robert Smith, and Frederick Moore.

Okay. Good evening everyone. We have a lot of nominees for the employee spotlight award for this month. So, we have um both our storm water and our solid waste divisions represented here. And I've got the director of public works up here, Michael Wattress. He's going to help distribute the certificates. Um but what happened on November 15th is we did our fall trash off our our lot community cleanup. And so this was an opportunity for our citizens to get rid of things that they normally can't throw away in their trash like tires, solvents, household cleaning supplies. So because the first annual uh community cleanout didn't net a whole lot of uh uh debris and refuse, we we manded a little less this time with with these fine individuals. And even though we manned it with less personnel, they they pulled in 4,000 pounds more than the prior year. So that was a testament um for uh to their hard work, their efficiency, and their teamwork. And I want to recognize one of these individuals directly here, uh Mr. Hawkins, who's I'm not going to say his exact age, but let's just say he's 70 plus years young. and he stood out there for four hours that day directing traffic and making sure that everything went efficient as efficiently as possible. So, please give these folks a round of applause for a job well done. Go ahead.

Yeah, go ahead. We're just going to distribute these these out here real quick. Then we'll get a picture. Okay, Mike, why don't you stay down there on that end and we'll just take a picture real quick. All right, thank you all so much. Now it's time for our clean sweep award for ellip ellipsus. If Joselyn Wood would please come forward. Judgyn, didn't we just have you up here not too long ago?

Yes, sir. Obviously very active in the community. Let's come over here a little more towards the center. And not only do you do all the things that you've done that got you the uh special recognition just a few months ago, but you you once a quarter pick up trash. Is that right? Um I'm supposed to say if it needs if it needs it, we will do it. Yes. And what street do you do that? Um well, we have from um Gorda Cash Road on 38th and Gorda Cash Road on 67th. Oh, so you're double dipping. Yes. Wow. You do, too. That's way cool.

All right. Well, let me read this because I want to tell you, I think everybody here knows, excuse me, how a community has to come together. The city can't do everything. And so, we have these community groups that get out once a quarter and they pick up a mile of roadway. And apparently Joselyn's group Ellipsus picks up two miles. So let me read this. The special recognition honors community groups and organizations that actively contribute to keeping our city clean by regularly picking up litter. It celebrates her dedication to maintaining a beautiful and welcome environment for all residents. Let's give Josyn and our group a big round of applause. I forgot to sign it.

All right, Jasine, let me sign this real quick and then

Okay, so basically what ellipsus is is um you know the three dots at the end of a sentence meaning there's always something more to say. Um well, I believe there's always something more to do. there's always a need that needs to be met. And so that's why our group is called Ellipsus. So, um, random acts of kindness without being boastful. I don't feel like you should have to brag about what you're doing. It's between you, God, and the person you're helping. But thank you for the award. Another round of applause. Thank you.

Thank you. God bless. Okay, now for the reports by the mayor, city council, and city manager. I want to tell you what I'm going to start because I am just so impressed by the way the city employees performed while I was at home sitting by the fireplace. They were out in that singledigit weather addressing our streets and getting them ready so we could get out a little bit faster so business could get going again and we could all get to work. Come think of it, we may want them to slow down or we don't have to get to work so fast. But and then and it's not just the street crews. And if I'm not mistaken, other departments pitch in and help the street crews, too. It's it's our first responders, our police, our firemen are out there. I saw I saw a picture or post or TV report, I can't even remember what about a like a jack knifed uh 18-wheeler. And it's and I'm just thinking about how cold it was, but they all got out there and they did it and they already I know they get paid, but they need to be appreciated for doing all of that. Could we give our city employees across the city a big round of applause? And with that, we'll start down here with the mayor pro Tim.

Well, you stole my thunder, but um I think it it is important for us to recognize the fact that um we have some really super employees with the city of Lton that all go out of their way uh to make the citizens life better. Um, and also just in general, um, you know, I see a lot of the news reports and stuff and the way that that everybody in in southwest Oklahoma and Lton U especially come together when there's adverse weather or any kind of challenge. Uh, it seems like we all get out there and pull on that rope and and try to make it better for everybody. And I just appreciate the employees. I appreciate the the citizens a lot and and for keeping this a a wonderful place to live.

Thank you, Miss Williams.

I just wanted to say um personally condolences to Chief uh James T. Smith, family, friends, and to all u who worked with him. I'm thankful for his stellar performance to the Len community and also to his country because as you know he was a retired colonel as well. And I just want to thank all the citizens and employees for everything that you do here in the city of Len. Thank you for keeping my hometown safe and clean and everything that you do that's positive. I just want to say I appreciate you,

Mr. Waguer.

Thank you, Mayor. Again, our condolences to the Smith family u chief. We are definitely going to miss. I appreciate his example, his leadership. um difficult time because at the same time we on the same day we lost another man in our church uh the same day and he went to uh exercise at the Cameron Center and uh you know the thing about Lton is we're more than just a community we're friends and we want the best for each other and I'm thankful and I thank God every day for a community that has that kind of interest in each other. Um to the city crews, thank you for your long 12-hour shifts and uh the what started out as hot coffee soon became cold coffee. But thank you so much for all that you've done. Uh we truly as a community are blessed beyond measure.

Mr. Hampton.

Yeah, thank you, Mayor. Um I I ditto that about the chief. the chief and I my first year uh on uh my first three years on he and I had breakfast in the morning every Friday. So he's truly uh going to be be missed by me personally. Uh and from that I I jumped to uh another thing that's very personal to my heart. That's a farmers market. you know, uh when when when when you uh the farmer was closed because of the the weather, but you know, when when you uh uh don't have something that you're used to, uh you kind of miss it even more. Uh so I I'm I'm going to show up as soon as they open up. And I encourage you to come show up uh and pick you up. I I was uh I had some pesto. Uh there's a guy that makes some really good pesto that you put on a cracker and eat it. And uh I was eating that uh cuz I had saved it. But uh I'll have to get me some fresh pesto. But make it out there if you can. I do want to give a shout out uh uh to some employees. Uh others have said, but but Ward Five, I I I don't know if you any you put it together, but W five has no new building and no big giant fresh houses in there. My whole ward is nothing but older the older part of the city. And no doubt there are dilapidated houses there that need to be tore down. We've tore down a lot of houses in Ward 5 to beautify the city as Council Warren was saying. But I I want to tell you that's not really an easy job to to take property and just tear it down like that. uh for for for the council or for the staff and and and Larry Parks and John run uh that stuff over there and I interact with them quite a bit and I I I want to give a shout out to them because uh the their stand on it and real diligent. We were just uh had conversations about even going into houses where people are the older people

are living and helping them rather than tearing down their houses, helping them to find money to kind of fix their houses. And uh I I I think that uh to do a hard job and to to maintain compassion is a very very hard thing. I want to shout out to them and their their department. I I really appreciate you helping us in Ward 5 uh in in beautifification efforts there. Thank you, Mayor. Thank you. And Miss Deary,

thank you, Mayor. I want to give my condolences to Chief Smith and his family. I also want to give a shout out to all of our soldiers at Fort Seal. And not just the soldiers at Fort Seal, but the soldiers all over who are deployed all around the world is often a thankless job. And so, uh, Chief Smith, he gave his ultimate sacrifice. And you say, what what does it have to do with me or what does does that have to do with my ward? And I say everything because Fort Seal is not only vital to our community, but also to our livelihood. So to the spouses and to the children and to the parents who are anxiously awaiting their return, may God grant you strength and peace. And may all of our soldiers return home safely. And for those veterans out there, you all understand and know exactly what I'm talking about. The month of January is also considered to be a month to reset, to realign, and an opportunity to start something new for the year. There's an afterschool program at MacArthur High School. It's called Lights On and it's for kids who want to stay after school. This is very rare because usually when that bell rings, they're scattered to the ends of the earth. So, I just encourage you to take 10 to 15 minutes out of your day to pour back into these children and to read to them. And if you can't do that, donate. Uh consider uh supporting uh this event. And what a perfect opportunity to put the kids first concept uh into practice and give back because one day those same kids will be sitting up here in our spot. Also, I'm hosting a town hall on January the 30th for Ward 4 at 6:00 p.m. The

address is 3826 East Mhers Lane. I encourage all Ward 4 residents to come out. There'll be some good information. uh some resources and just the opportunity to get to know one another. Thank you, Mr. Brown.

Uh good evening. And first of all, I'd like to just add my thanks to the street crews who've worked so hard over the last few days. I think you've just done an excellent job with seven trucks is what I understand. That's amazing. Uh the second item is I requested a street study on 35th Street u based on a lot of the citizens that live there. That was done within a week and I got a response back. That was amazing. Thank you for that. That's it. Okay, Mr. IPS.

Uh just like the other council, uh my condolences to Chief Smith's family. If you you one of the things that that I always think about when I think about Chief Smith is if you live on the east side, you'll see him running still still trying to stay in shape and it was encouraging to see that as I was walking my dog thinking I need to run too but maybe maybe I will now. Uh but my condolences to the family. Second, as you know, I like to advocate and say that there are things to do here in Lton. So, the Lenfield Phil Harmonic, they will be playing on Saturday, February the 7th at 7:30 at Lton High School. As you all know, we're doing some renovation at the uh McMahon Auditorium. So, they are at the high school right now, but please, if you've never gone to one or your kids haven't, please expose them to that. Um, that is a precious thing that we have them here to perform for us. So, Saturday, February 7th at 7:30. Thank you.

Mr. Hon had the same experience you did with the streets and an analysis of the uh of a couple of different streets and uh they they didn't not only did it a thorough methodical analysis, but did it very quickly too. So, was able to respond back to the citizens over there very quickly. I mean, it it's really impressive. Really impressive. And they kind of convinced me that that one one place needed it and the other did not perhaps. So, and then the other thing that happened again before the uh uh before the snowstorm uh from this past weekend had a great had a had a citizen out in my in the ward ward one call about a distressed neighbor and distressed home too uh as far as the structure goes and called the called the office here. The office called Mr. parks and his his folks. And the followup was just really impressive. Really impressive. And they uh uh took care of this guy, made sure he was okay. Had police police came out to look at him. And uh you know, just kind of echoes what everyone else has said all night. The city, the staff does a heck of a job. Heck of a job. And they do. And the last thing I want to refer to is of course Chief Lee. Chief Lee I knew him very not very well but I was around him a few times and he was a man of quiet dignity. Uh he was a heck of an athlete as they were talking about run he ran everywhere and I never saw him stop running and my my best memory of him is be real brief spear survival and he and uh Albert Johnson were riding bikes together. Well Mr. Johnson was uh uh not ready for that long ride. Okay. and Chief was and they were coming up and they had about five miles to go and you know Mr. Johnson was just hanging his head down and Chief was laughing and having a great time and prodded him in

through the finish line. It was a it was a it was a really fun thing to watch and uh but a good man and he'll be missed and uh we'll have a tough time replacing that's for darn sure. Thank you. Right. And S manager Rat.

Thank you mayor. Um indeed, uh Councilman Hooton, those will be big shoes to fill and and we express our sincere condolences to his family. But I but I also want to recognize the leadership of LPD through this very tumultuous week and over the past several months while Chief has been out. Um Deputy Chief Hines, Assistant Chief Carter back in the back today have really been a very steadying influence and have done an amazing job while Chief's been out. and I know that nothing will change now. Um, so thank you both. Um, would you both please stand and can we give these gentlemen a round of applause, please? I also want to thank Lieutenant Charlie Whittington of LPD and Captain John Mole. They have been the primary organizers of the memorial service tomorrow. Um, so they pulled in a lot of details very quickly to to get that done. And then finally, um, our street, we've talked a lot about our streets crew, but they're they're going back out tonight. I believe tonight will be the fifth night of overtime. It's already been mentioned. It's only seven trucks. Of those seven trucks, there's only three plow trucks. So, those guys have been putting in a lot of work for your city and they've really um carried a lot of water. They've made sure that the arterials are um are passable and um all those those guys have certainly done an amazing job. I want to recognize their leader um can I get the director of public works Mike Wattress to stand up? He's really been amazing in pulling it all together and making sure our city has continued to function. Thank you.

All right. Thank you guys. Okay. Now we're going to go to the consent agenda. The following items are considered to be routine by the city council and will be enacted with one motion. Should discussion be desired on an item, that item will be removed from the consent agenda prior to action and considered separately. Council, some changes we're going to make. We're going to strike an item number four, the Irma Hannes in the amount of $2,19.72 portion. And we're going to pull item 25 for discussion. Can I have a motion?

So, Mayor Booker, um, you had one more that you needed to strike on consent. It is item 12. Yes, I missed it. Strike 12. Now, can you get your There you go. Council, I make a motion to strike the Hayden portion of item number four and to pull items number 25 and 12. I said we're pulling 25 and striking 12. Strike 12. I'm sorry.

Have a second. We do have a We do have a second. Please vote. Want to make sure that we did say strike or my hands portion. We didn't say pull, right?

Okay. Oh, okay. Motion passes 8 to zero. Bringing up item 25. Consider ratifying the mayor's action of electronically signing for acceptance of a grant on behalf of the law police department in the amount of $13,612 from the office of the attorney general state of Oklahoma for the purchase of facial recognition software. Deputy chief there we go. Uh this is the 2020 2026 safe Oklahoma grant. It's distributed by the Oklahoma Attorney General's Office. And when I applied for this, we actually asked for two separate software programs. They only approved the one, the Clear AI, and it is a uh facial recognition software for investigations. Now, what I think everybody needs to know is that we submit this application back in July, and at the price t at the time, the price was $13,612, which is what the grant is. Since that time, it's more than doubled. it is now $28,500. So, if we were to accept it, we are going to have to come up some money to uh pay for the rest of it. And that's per year. So, every year we'd have to put that back in the budget. Now, I did bring uh assistant chief Eric Carter with me and crime analyst Amanda King who will explain a little bit about the program uh and answer any questions y'all might have.

Council, do you have any questions? And I'm going to ask you to hold your comments till citizens speak. We've got seven citizens that signed up to speak on this and so you can ask questions but hold your comments. Any questions? Let's talk a little bit. Um and your name is Amanda, right? Okay. Amanda had great conversation expla explanation. I'd like to ask you to explain to the council and the community exactly how this facial recognition works. So this facial recognition program that we are requesting for um is a law enforcement specific program. It's used by uh state, local, federal um agencies, tribal agencies. It's used nationwide. Um they have over 800 different agencies participating with that program right now. Um the overall of this program is to make um case investigations more efficient, supposed to save time for our jobs. It's also supposed to ensure public safety, lower um reduce the crime in the community as well. Uh and it does that by using a technology that does a little bit more than what I can do in my job. So my job is related to open-source technology. Open source is a fancy word for searching Google. Uh finding things that are public publicly available. That includes news sources, media sources, Google galleries, social media, anything that's already publicly available. Um and instead of what we would do, you know, search through some of that information, um this program would make it more efficient and do that for us, um by matching images. So it does not come with images already in it. Um we are

asking we are uploading an image asking it to match that while searching via Google and uh returning an image match to us. Um this would be beneficial for cases like human trafficking um missing and endangered persons. We're looking for victims. Um matching deceased victims that maybe we cannot find identity for. Things like that would be very beneficial for a program like this. Um but overall it is a internal program that we're able to use um that uses open source technology.

So there's a there's a lot of um concerns about big brother, a lot of concerns about storing data. Um how does the police department intend to address that? And I'm going to ask that. I know that this is not what we see on TV. I get it. But I think that's coming someday. and and I am wondering how do we reassure the public that we don't store or misuse or share data. The uh software works where we do not install cameras in the community. We don't take existing cameras in the community. We do not have a database for this. We'll have to have a picture of a subject, whether that be a suspect in a crime or if that's going to be a victim. Uh, we could have a missing child or a found child or a missing parent, we could say, upload the image. Everyone likes to put their photos on Facebook, uh, Twitter, all the others. So, we're not installing cameras around town. That's going to take everybody's face and upload it to some database. We're going to have to have a picture of somebody to put into this and it's going to recognize them for us. It's basically a lead generating tool. So, there's no camera in Lton. There's no camera going to be installed in Lton that's going to capture people's faces as they walk by or drive by or go to the store. It's only images that we're going to have. If we have somebody commit a homicide and we have a picture of them or a robbery, burglary, we'll take that image and upload it. Um, we'd also use it for things like preventing child exploitation. Um, those missing runaways that often get victimized. It will be used for that. Um, as far as the transparency, this is a SEIUS certified and compliant software um that's ran by the FBI. Um, Oklahoma City, Tulsa, Witchaw Falls are some of the examples

of the ones that in our area are using this already. I know Miss King talked about the 800 different software usages for this around the country. Um, those are the closest ones for us. Um, there are audit trail capabilities for this software. So anytime a uh run gets done through the system, we have to put a case number into it. We cannot delete these searches. They will always be there. So there's an audit trail, something that's always searchable. So if anybody has any transparency concerns, um we can look this stuff up. It' be open record subject. Okay. Council questions. Yes, Mr. Wager.

Yes. Um, one of the questions I had was regarding the as I understand what you've said up to this point that the the cameras will not be installed for this software. It's something you have to feed a picture into. Correct. Yes. Now, with that, would the flock cameras ever be used for something like that? No. The flock cameras don't have the capability. The flock camera is just uh its software is looking at those tags and those vehicles. um does not have a capability of taking pictures of people. Okay.

So, it will never be used. Also, the flock data has big transparency safeguards with it. Um that data is deleted every 30 days by the company. So, we don't have a stockpile um of that information as well, but flock cannot be used for that. Okay. Okay. All right. Thank you.

I'd like to add a little bit as well. Um this uh this program is also stored internally meaning that we are not doing this and uploading images and sharing them with multiple agencies. Um what we do with our um with our program is with our investigations to keep those secure and make sure that everything um is set up right. On top of that, we are also um we have to make sure that there is a system admin in charge of that program, monitoring the searches on that program, ensuring that nobody's um looking into anything that they are not supposed to, which would tag along with that audit trail. They do have to be certified and take that training along with that. Um, and then on top of that, we get to choose the licenses and the people that will be assigned, which will be responsible officers that are only um assigned to cases, and they must use um active investigations to be able to search on this.

Other questions, Mr. Hampton? Thank you, Mayor. Um, just to be be be clear in uh in in layman's terms, u uh there's no database. So basically, you're not taking pictures and there's no cameras taking pictures of people. And so uh you'll never with this particular software, you're never going to be taking anybody's picture except for the person that you're searching for and then that picture will be go out on the internet or whatever to see if you can find that one person. Correct.

Is that correct? So uh uh uh just for clarity sake, I want that. And then the second thing is are you connected uh I know you just kind of said that but you were saying that other uh system other towns are using this you could feed that picture into their system to do the same thing to see you know like W falls or something like that but that would be their system so no citizen would actually have any of their information there

and by the system you're talking about there's no way we could run it through their system. It's running it through Google. It's running it through Facebook. Uh I call it Twitter. I think it's X now. Um anything that you can Google as an individual, whether it be the council members, uh the mayor, private citizen, we're all looking at the same thing. It's a time-saving tool because you and I can look up the same thing, look for the same picture, but it's going to take us weeks, months, maybe longer to find that. But the same information that this software is going to use AI to do, you could do as a private individual and find the same thing. So, it's just timesaving. It's not a database because it's all what she's calling open source.

So, it's all put out there for the public. Uh it's not a Fourth Amendment violation. There's no um privacy with the stuff because we put it on the internet. Yeah. We're we're all concerned about the fact that somebody is is invading our privacy and uh looking at that and of course when when you talk about an authority system having that then you're looking at big brother you know spying on you but but this particular thing has has nothing to do with cameras. It has to do with the feeding that picture in there. So you're not collecting any data off of anybody or doing anything feeding it into the the system.

Correct. other than the information that's already out there on Google or X or stuff. Okay. Thank you very Thank you very much. Thank you, Mayor. Mr. Warren,

I want to just make sure that I'm tracking right and maybe it'll make it a little more understandable for the rest of the council. I don't know. Right now, if you go on Google, there's a search bar in the center and over at the end of that search bar is a little camera and you click that button and then you can upload a picture of the guy that robbed or whoever. We have people over at the at the police station right now doing that. They'll upload a picture and maybe they'll get lucky and find them on on Facebook or whatever. But it can just do that so many times a day. Whereas with this software, it does exactly the same thing, only it does it 10,000 times a second and it looks over the entire internet looking for that face. So it's it's not invasive at all. U the pictures are out there right now. You're not adding any pictures into the into the internet. All you're doing is looking for that criminal or for that child that's lost or whatever. And it's not like intentional. It's not like the guy, oh, there he is pumping gas. No, he's at Disneyland walking behind a family and they just happen to take a picture of the family and there's the guy in the back and the and the software says, "Oh, hey, wait, there's the guy." Now, it may not be the guy, but whenever we have an officer that clicks that button, that may not be the guy either. It's just a lead. It's just something to give you a step ahead. And it beats doing that 10,000 times a second.

Yeah. And for Is that right? Yes, sir. Okay. For example, we had 3,200 cases investigated by 16 different detectives last year in 2025. So that's roughly 200 cases per detective that's getting investigated. So when I talk about the efficiency of this, it's really going to assist them and let it search for them having to spend the days and the weeks trying to find different pictures to identify somebody. So okay, Mr. Hinton and Mr. EPS, you're both good. You guys want to ask question? Okay, Miss Dry.

Uh, thank you, Mayor. Um, is there software updates with this program and how often and is there a cost associated with that?

Um, so there are software updates and that just goes by the company. So within the last year, I believe when we had got a quote last year, they've already made multiple updates and that's what changed that pricing that Chief Hines talked about. Um, and so once we're locked into that price, it should stay the same every year. Um, as of right now, we're kind of negotiating a lower price than 28,000. We're hoping for 20 for this year. But, um, but going forward, they do do software updates, and I'd like to say they're yearly. Um, but I would have to double check to verify that for you. Questions? Yes. Yes. Yes.

Yeah. Are the software updates included in the price no matter what you negotiate? So, and this is an every year an annual payment. say if it's $24,000, you can negotiate it to that's what it would be. And do you have the the required equipment to run this? Um, so the best part about it is that it's it just it gets downloaded to our our computers and we use it that way. Um, so there's no additional equipment required, no cameras, no nothing else. It's just a program. Okay. Thank you. I'm going to ask you to all come forward.

I'm going to call out citizens names that have signed up to speak on this item and ask you to all come forward. And I want to make sure I've gotten everybody that signed up. We have Cindy McIntyre, Alexander Smith, Landon Holly, and that's it. Did I call everybody that signed up to speak on facial recognition? Did I call everybody? Okay. Okay. So, we have one, two, three. Three of you. Then we'll have um three minutes each to speak. Cindy, you want to go first?

Hi. Are we limited to three minutes on this one?

Okay. So uh actually this turns out to be something different than what a lot of us expected. However, things change, things mutate. Quite frankly, investigative journalists use a lot of these same techniques as well. This is just a fancier way of doing it. While better crime fighting tools are always needed, the modern surveillance tools being used in this country, including in Lton, have the potential for serious misuse against ordinary citizens going about their lives. The fourth amendment to the US Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue, but upon probable cause, and no and supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. 247 surveillance such as done that done by facial recognition cameras which I understand this is not but could mutate that way or automated license plate readers aka flock is a form of warrantless search that sub subjects every single person to scrutiny. Even flock can identify faces in cars. The wrong person can be arrested because their face looks like that of a suspect. Data such as biometrics, finances, taxes, fingerprints, voter registration, social media posts, and the like are already being compiled and aggregated on every American and immigrant by companies such as Palenter owned by Peter Teal. Teal is one of the authors of the project 2025, the playbook that is guiding the current regime in the White House. Doge, the so-called Department of Government Efficiency run by Elon Musk early last year, hoovered up previously secure government data so that the likes of Palunteer could

compile dosier on everyone. I need not remind you how dangerous this is to citizens whom the government opposes. Add our faces, the way we walk, our stand, and the children who are with us and our entire lives are an open book. Just think what an unscrupulous person or regime can do with that information. I've already had the pleasure of being surveiled by Lton's own police department during the no king's protest in June. I can only imagine how many surveillance tools were used to compile a dose on me just for exercising my first amendment right to petition the government for redress of grievances. My open records request on this should yield some very interesting information. documented instances of law enforcement using surveillance cameras to track e track ex-girlfriends or sharing info with other agencies not authorized to obtain the data show that even if city contracts forbid such activity safeguards are easily violated. We don't need no stinking facial recognition cameras or software in law at least not the type that would be uh subjecting us to this.

You had that timed about right. Thank you, Alexander Smith. And you have three minutes, of course. I think it's up here.

Yes, it is up there. Um, my name is Alexander Smith. I live on the east side uh on uh 601 Northeast Flower Mountain Road. Um I'm aware of what OSENT is and how that generally works. I've used it myself um for other reasons. Um my primary concerns about the facial recognition system were addressed by the speakers earlier. Um my concerns that remain however is has this AI had a correction to its training data uh correcting it uh in its in the the false positive problem in regards to specifically people of color. Uh my other question is what happens when the software gets an upgrade with that additional um functionality would that also become public knowledge what the additional functionality is th those are my questions and and could we retract that if it crosses that that boundary that's all I have

okay well we're not going to answer questions you've made your statement and we appreciate appreciate you coming. Is that all you have for us, sir? That's I I had questions that need to be answered in regards to how I feel on the subject. All right. Thank you. Thank you. And that brings up Landon Holly. Landon, I've got your address here. So,

gotcha. Okay. Uh howdy. So, uh it was a bit different than what I was thinking it was, at least the AI recognition software. I'm glad that it's a leading tool. However, though, I do have uh some concerns still listed. Uh as he pointed out there, there is a problem with false positives. uh as pointed out in the 2018 gender shade study and the report done by the NIST in 2019, I'd like to know that uh AI software can continually be uh improved to ensure that there are less false positives as well as I'm personally concerned about uh what does the future and long-term uh lifespan of this software look like? Certainly uh as far as we know, it is kept locally on local computers. No new data is added or put in, but all it takes is one little update. and now it the data could be sent somewhere. Uh it could be upgraded, scaled and so on. So these are concerns that I think we need to keep in mind as we progress forward. I mean I'm not even sure if the company that runs this program was mentioned earlier. What do they do? What do they stand for? How do they do this? Uh those are all concerns I have because this is a very powerful tool and I definitely see it could probably have a pretty great future in shortening uh investigations and making lot a lot safer, anywhere safer. But we got to make sure we know exactly how it's working.

Okay. Is that all you have for us? Yes. Okay. Thank you for coming. Thank you. Okay. Would you guys like us take a stab at any of those questions that are asked to help relieve the fears that um actually several in the community have.

Um so I'll go ahead and mention a couple of things. He did um Landon I believe just mentioned the NIST. Um, this program has actually passed um tests run by the NIST and has been approved at a 99% accurate rate or over that for all demographics, meaning that it doesn't it shows very little to no bias um across demographics and that's a big one with the NIST. Um as well as upgrades um this system is meant to upgrade as often as possible just like technology or other AI systems. It is going to upgrade and keep evolving. Um, but it will not change what the program is and we would have to opt into or sign up for additional features.

One thing I uh talk about with false positives, uh, once a photo is uploaded into the system, it's going to give you a percentage of probability that this is a match. It does not give probable cause to arrest based off of that. An independent investigation would have to be conducted by a detective at that point to verify whether that person is the subject in question or if it's a false positive if you want to call it that. So in no way does this link a hit come back and say this person's going to get arrested does not establish probable cause. So got to be investigated thoroughly after it. It's just a time-saving tool that you'll take those high probability hits and see if this could be your subject.

Now, council comments and we'll start down here with Ward one and we're just going to go down the line because I think everybody's pretty interested in this comments, you say? Yes. Well, it seems that you can also ask questions. Okay. Sure. Gosh, it just seems like it's the way the world way the world is going. And with that comes some some risk, but I can't see say that I agree that there's a great deal of risk at all. And you made a wonderful point about the false positives. You know, it doesn't doesn't convict anyone of anything. It's just gives you a percentage and then you go from then you do the investigation p after that. Correct. Yes. Okay. Thanks. Good job. Mr. Eps,

you made a comment that I want to kind of tease out a little bit to see if you can expand on um earlier. uh because we're we're looking at this from a um prosecutotorial kind of aspect. What are some of the positive things? So, the positive ways that we we affect crime with this. You mentioned one when you talked about um um uh child abduction, I think, but if you could name some of those type of investigations where we're using this from a different angle where we're not trying to prosecute someone, but we're trying to find someone. One thing I could say is our goal is to protect our community. And one way we can do that is if we have an offender, a lot of times they don't offend just one time, they're going to offend another time. Whether it be a burglary or robbery, they're going to continue that pattern. If we can get them identified, if we can get them arrested, they're not going to continue to offend. We're going to have them in jail. If they get prosecuted in a court of law, they'll go to prison perhaps. they're not going to continue to victimize this community or the individuals that live in this community. So, if we're able to get somebody put into jail and off the streets, not able to do the crimes anymore, that is going to affect our crime rate. Um, if we find somebody that's been abducted, um, human trafficking, any of those situations, they're often not going to be able to say what their name is. the persons that is, just for better words, managing them in a human trafficking situation, they're not going to have their real identity. They're going to take their identity for them. They're going to control them. So, we may not know who they are, but we can identify them. They may not tell us who they are purposely because they fear what could happen if they do. We could get them identified through this uh child abduction. Anytime that happens, those pictures are getting out there. So, if we come across a child and we have an picture to upload, that's going to be, I think, an easy one because the people that are missing this child, the agencies that are running

this, they're going to have that picture out there all over the place. So, there's a lot of crimes, robberies, homicides, anywhere where we can pick a picture. Um, bring doorbell cameras. somebody comes and steals your package off your front porch. The porch uh piracy stuff that's going on, uh horrible problem across every community. Small in the nature of what they're taking, but it really affects our community. So, every community, if that person gets picked up on that, they provide that picture to us, we could put it in this and we may be able to identify who they are. So, that's our main goal. Hopefully, that answers some of your questions, sir. Thank you,

Mr. Thank you, mayor. This question is concerning the budgeting. Since it has escalated in price so much, it is an annual recurrence. Do you have the flexibility within your budget or is that going to have to have a separate appropriation from city funds to make that happen?

I would say both to answer your question. Like this year, um, Amanda and I talking to them on the phone today, they went from 28 to 20,000. I would hope to continue to talk to them and try to get them to reduce that as much as possible to make the citizens money go further. Um, but next year it would have to be a budgetary item. If we don't get this grant again next year, we will try to get grants to pay for as much as we can, if not all. But at some point, yes. Um, we would have to find the extra money this year in our budget. Um, we'd have to ask the city for additional funds as well.

Okay, that answers my question. Thank you. And it was just my assumption uh that you would apply for that grant every year without a guarantee of getting it. So we could have to readjust the city budget to the full amount. Yes, sir. Thank you. Okay. And I think city manager wants to weigh in on that. Um council, this software would also qualify under the CIP crime fighting technology. So we wouldn't necessarily have to pay for it out of the operational budget if we didn't get the grant. But but that's a good question. Miss Dimry, yes. Have you studied other communities success rate on this particular program?

I don't have an actual success rate or number for you. Um, but I do have multiple agencies that have um have boasted about how much it has helped their community, how much it has reduced the crime um and saved time for the officers to be able to investigate. Um, I also know that this company partners with Neckmech, which is big with missing and exploited children. Um, and so there they have helped find numerous missing children using this database while also reporting and making sure it get goes to the right authorities. When they do find images while searching the internet that are inappropriate and should not be up on there, um, they are also going out and reporting those as well. So this um this program is very dedicated um to making a difference in all the communities and from what I've seen from multiple agencies, it already has done that.

And one one more question, is there a possibility that cameras could be installed in the future with this particular program? No, ma'am. Okay, Mr. Hampton.

Yeah. Thank you, Mayor. Um the balance between uh our personal privacy and uh and uh the responsibility of making sure people are safe I think is u is at the at at the center of this and I I I just want to talk about personal privacy because uh we we we we talk about the over encroachment of uh what needs to be done for for personal safety. I find that uh many people that uh u put themselves in public view, including myself and everybody up here, will always be scrutinized and uh personal privacy is violated by the definition of a lot of people that have a problem with that. I I uh I I think that if you put yourself in any position in any situation, whether it's at church or any other place, then people are going to scrutinize you and look at you and make opinions of you personally. If you don't want to do that, you can hide yourself away in the in the house. But as I look at uh the responsibility to make sure that you're safe and mind you, the same person that says, "Hey, I I don't want my personal privacy encroached on," that person that's committing a crime against you is uh already encroached on your personal privacy. And so when you begin to weigh the whole thing out, we can sit in the dark ages and not try to get any tools to make sure that you're that you're safe, that you're not raped, that you're not kidnapped, that that your family members are safe and not they're not kidnapped. Those kind of things produce uh impacts on people's personal lives when they're violated like that that last for years and years. And some people don't recover from that stuff. So, I take it pretty serious that that we need to deal with making sure that your personal information is kept

to yourself. But you but do remember number one, if you put yourself in a position to where you want to put yourself in a leadership, then you're going to be scrutinized and and some of the stuff you won't like. And secondly, that uh um you're going to have to give up some of your some of the information that you have and that you want to keep to yourself, which probably people already know. And uh think about the fact that you need to you need to make sure that you preserve your life and your sanity. And uh the last thing I'm going to say is you live in a community. And uh when you live in a community and we deal that's what we deal with all the time is how do people live together in a community and not encroach on each other's boundaries. And um uh I I throw that out there to tell you some people came up here and spoke. I told that that tell you and other people believe the same way do they do that you you must understand that when you live with other people you are relating with them and not all of those people are good people. Some of those people are so bad they want to do something to you and perpetrate that. Thank you, Mayor.

Mr. Wager. Thank you, Mayor. With regard to the software program AI can already use, as you've indicated, the information that's already circulating on Google and Facebook and X, etc., you know, Instagram, etc. that information would not be recorded or is not recorded. Did I understand that correctly or no?

We're not going to upload it into a database and store it. But where I could say it could potentially be recorded is if I have a picture of Amanda here and she committed a crime and I use this to find her. That's going to go in my case file. It positively identified her as my suspect. I did an independent verification investigation to prove that this is in fact Amanda. And then now I'm going to present that to the district attorney. So it's only going to be held in that case file for my prosecution of Amanda. It's not going to be put in some database. Okay,

for when she reaffends because now I know Amanda. She's a case I've worked already. Next time I see her come across a crime, whatever that may be she picks up on, I'm going to recognize her instantly. Now she's in my database that I can't get rid of and I'm going to now not have to put her in the system anyways. I'm gonna already identify her. So, okay. All right. Thank you, sir. Miss Williams,

I was happy to hear you say that this using this data where would not be a violation of the fourth amendment. Am I correct? Yes, ma'am.

All right. I just been having some concerns. I've been seeing a lot of the children on Facebook, 12, 14, 15 year old just recently a lot of them been coming up uh missing. How would this software help in that area? um depending on whatever and I'll just say an unfortunate situation whether that child ran away from home um based off of problems at home uh that the child was escaping or whether the child has any type of you know social issue that obedience issue that could be running away. If we come up with a runaway, whether they want to identify themselves or not, we could run this through there. If it identifies the child in a picture with myself, they're going to know, oh, that's Eric Carter. I'm going to go find Eric Carter. Is this your child? Do you know this child? How do you know this child? You're in this picture with this child. It's going to help us identify that child.

Yes, ma'am. Thank you,

Mr. Warren. council. I I think this is I mean there's a lot of things we're going to talk about in the future that we may have, you know, disagreements about, but I I really think this is one of those situations where it's a win-win uh all the way across. Um we're not we're not putting anything in a box. We're taking a picture that we've got. We're comparing it. We're just looking at pictures um that are already out there. we're not creating anything. Um, and it while it may cost us a little bit of money, uh, in the long run, it's more than likely going to save us some money because like I said, that detective is not going to have to sit over there and punch that button all day long. Um, and I I just think it's a positive deal. Um, and I think that hopefully we'll see some effects from it really quick. Um, I'm I'm totally in favor.

Okay. I didn't get a motion there and I'm glad because I want to bring up another point because I really feel like this is good software and we need to do it. And but I also feel like that I, you know, I'm the first one that's going to say what you're not supposed to say. If you're not doing anything wrong, what are you worried about? But I also think the city needs to if the city's not doing anything wrong, we ought to be ready to put out a policy that guides us through this process because um whoever said it, I don't remember. This is not over. This facial recognition stuff is going to be at the place and I do I do believe I'm very much a supporter of the flock cameras and what we use them for, but I can see those being used potentially in the future. We need to have a policy in place. So, um I don't know what you think about that, but what I'd really like to see here is that we approve this and we direct the uh city attorney to check with other cities. I'm going to have to go outside our pier six to get this. I would say uh let's look at policies that are in place and then before this is put into to work uh let's see if we can't get a policy so that the citizens understand where we're going here. Okay. And if somebody agrees with that I'd appreciate a motion.

Mayor and council. I'd make a motion to approve this item and direct the city manager's office to uh get with the police department and contact the company and get as many city uh listings as we can that use it right now and then compare their uh any type of uh policies or that they have in place so that we can see what uh what's out there. and not reinvent the wheel. Is that the city manager or the city attorney? Well, you guys can work together.

I think that I think it would be good for y'all to work together. Okay, we have a motion and a second. Discussion. Please vote. Thank you guys. Great presentation. Okay, motion carries 8 to zero. Bringing up item 31. Consider holding a public hearing and approving an ordinance pertaining to planning and zoning amending sections 18612623 and 18612624 division 18612 article 186 chapter 18 lot city code 2025 by adding cigar bar and hookah lounge as permitted use within a C5 general commercial district as long as it is located on an arterial code and adding cigar bar and hookah lounge as a use permitted on review with a a C5 general commercial district when not located on arterial road providing for severability and establishing an effective deck Christie.

Yes, sir. We've had um a couple people interested in starting a hookah lounge here in the city over the last um several months. It's not a permitted use anywhere in our existing code. And so we are going through the process of adding this as a approved use in a C5 district as long as it's on an arterial street and then a use permitted on review if it's in C5 but not along an arterial. Um C5s are typically along arterials, but we do have some spot zonings of some C5 that are off off some of the main roads that we just want to make sure we look at on a case-by case basis. So, this is just um changing the code, adding those uses. Any questions?

Questions, council? Seeing none, I will open the public hearing. Miss Williams has a question. Oh, Miss Williams, I'm sorry. You said it'll be inside the bar. This would be This would be a a lounge. It be like a cigar bar or a lounge for hookah inside. Not the where the smoke is all locked doors. No, no. They would have be inside a closed building and there's already regulations as far as a ventilation system and and stuff like that. Okay. Thank you. You're welcome. You have a question, Mr. Yeah. Yeah. Just just for clarification, uh what what do they do in a hookah bar?

A hookah is a device that you smoke flavored tobacco in. Um any other questions, council? I'm going to open the public hearing. Anyone wish to speak on this item, please come forward at this time. Seeing no one come forward, I'm going to close the public hearing. Council, can I get a motion? And um I'm going to need that motion to wave the reading of the ordinance and read the title only. Council, I make a motion to approve the ordinance. Wave the read. Wait a reading of the ordinance. Read the title only. Second. Uh, and we did get a second.

Yes. Okay. Please read the title.

An ordinance pertaining to planning and zoning amending sections 18-6-12-623 and 18-6-12-624. Division 18-6-12. Article 18-6. Chapter 18, Lton City Code 2025, by adding cigar bar and hookah lounge as a permitted use within a C5 general commercial district as long as it is located on an arterial road and adding cigar bar and hookah lounge as a use permitted on review within a C5 general commercial district when not located on an arterial road providing for several ability and establishing an effective date.

Please vote. And the motion passes 7 to one. Bringing up item 32. Consider holding a public hearing and approving an ordinance pertaining to planning and zoning amending section 18614646 division 18614 article 186 chapter 18 lotton city code 2025 by adding data center with a peak electrical demand not greater than five megawws as a permitted use within an I1 restricted manufacturing and warehouse District amending section 18614647 division 18614 article 186 chapter 18 lot city code 2025 by adding data center with a peak electrical demand of 5 megawws or greater as a use permitted on review within an I1 restricted manufacturing and warehouse district amending section 18615 658 division 18615 article 186 chapter 18 lot city code 2025 by adding data center with a peak electrical demand of 5 megawws or greater as a use permitted on review within an I2 industrial park district and mending section 18616672 division 18616 article 186 chapter 18 lot city code 2025 by adding data center with a peak electrical ical demand of five megawws or greater as a use permitted on review

within an I3 light industrial district providing for severability and establishing an effective date. Christie

mayor, I apologize for the long title. It was it was it was a mouthful. Um this did come to council before and it was tabled um in order to do a little bit more research um with Lita and PSO regarding on um you know how we can um say yes to anyone who's interested in this. Um this has come up in the last a few times in the last couple years. So we're just trying to get ahead of the curve and um have a place for them if they do come to town. um the five megawws that was determined by um PSO and LITA. To me, that's above my head. I'm not sure how how what the size of that is from some of the news articles. That's that's pretty small compared to some of the ones that I've um seen in articles going around. Um and so this would just be um a code change that would allow a small the less than five megawws as a outright permitted use in I1. Anything larger than five would be a use permitted on review. So it would be a case-by case basis that would come through two public hearings, the city council or the city planning commission and then the council. So I'm here to answer any questions.

You don't you don't have an idea of how big the five megawatts are like how big the Google one is prior. Some of those I've heard of are you know 15 20 or or more. So, I've this the five that I've seen is is fairly small. We'd have to Google it real quick and and see for sure, but five I've been told is is fairly small. Council, do you have questions before I open the public hearing? Mr. Brown, reference your comments. You'll find that that most of those are in the gigawatts. Okay. Not what we're talking about. So, this is real small. This is real small compared to the ones that are generally making in the news. Okay. Yeah.

So, those would be on a case-by case basis under the use permit on review um process.

Okay. Mr. Wager. Thank you, Mayor. Um my question would be with this ordinance um being uh presented, would we be prematurely to move on this or put this planning in place? I know you used the word planning uh in there because I noticed that uh Senator Kendall in uh Oklahoma has from Blanchard has uh registered a bill. It hasn't gone to law or anything. Uh and I spoke with one of the representatives today. Uh there's a representative BS that filed a 2922. One puts the data processing centers on hold till 2029. The other one would just to make sure if they do come to Oklahoma, they do pay their fair shares. How would that or would that have impact on this?

Again, I we understand that this is a this is a hot topic. Um having something in code as out sits right now with the use permitted on review, it basically would be a case-byase basis. So, we would know all that information when it came. A use permitted arm review usually requires a binding site plan so we would know how big, how tall, everything um through that process. Um having nothing in code um we'd have to play catchup if you know if someone came to town and was interested and we didn't have code to address it. Um but that that's you know the option of the council whether we want to kind of postpone this till we find out more information and then uh you know follow up later. Again this is just something that was brought on our radar and we figured we'd you know try to have something in place um rather than nothing.

What this what I'm sorry Mr. What is what this does is keeps us in the final decision instead of them being able to slip in and say your code allows it. Now it says no, it has to go through the review process. Is that right? The use permit anything over the five megawws which is again apparently very very small would be two public hearings. It'd be one in front of the city planning commission and then one here. So there would be, you know, two opportunities for public comments and again these permit on review usually requires a binding site plan where they have to provide us the plan and they would be bound to that. Mr. IPS,

thank you. You answered one of my two questions which was would this come back before council and I think that's the if I understand it correctly that's the intent of placing this in code so that it does come back. So my second question is While we we if we implement this code, are we still doing more research to understand the implications behind the larger sizes and and what that means and what how that's going to affect us so that if it does come, we can make a more informed decision.

I I figured this was going to be a ongoing topic for for some time. There's a lot of questions out there. Um, you know, that's always something, you know, the city code in general is a very fluid document. It changes all the time. Um, not too long ago, it feels like it been a long time ago, but not too long ago, um, the data data asset mining was a big deal. Um, they they came out with state statute, and so we we changed our code to match the state statute about the data mining facilities. And so I would foresee, you know, something like that would happen again where the state would end up doing something and then we would have to potentially change our code to match state statute if that's something we needed to do.

Mr. Brown,

yeah, thank you for bringing this up. I had to read this like three times this afternoon and when I first read it I said no I don't think we want to encourage this kind of industry because I just don't see how we have the infrastructure to do it. But at about time I read it the third time I flipped my idea because what we're really establishing here I think the intent is to put guard rails in automatically. So, if anybody's looking at this area to put in a data center, the first thing they're going to do is look at this and go because I think anybody wanting to build one of these is going to use more than five megawws. So, it's already limited and then it really has to go through couple of public hearings on specific positions. Did I understand your intent?

Yes, sir. And we also work with PSO. And so this this code would um would require some kind of assurance from PSO that to fund you, we're not drain we're not draining your next door neighbor. And so this would be another, you know, check stop to say um that they have the capability or the the resources to do such activities. Yeah, I think I think it took a couple of reads on that for me to understand it in that vein and especially the part with PSO. I mean anything that the PSO that's the first step that PSO is going to say yeah we could provide that which would be hard I believe excess on the energy that we use. Thank you. You're welcome

Mr. Hampton.

Yeah. Yeah. Thank you mayor. My my friend AI and I don't trust trust him all the time says that that that would that five would be uh 30 to 80,000 ft and that half of it would be wide space which would be restrooms and and other things that that's a pretty big building. But but but uh I uh um had some calls and I just want reassurance uh that this is not going to go beside somebody's house and with the uh indust industrial zoning uh most of the the the citizens would understand that this would not be a place that would just be right there by their house. That this would actually be be be placed I'm sure with the council and everything they placed somewhere

correct. The only thing that would be permitted outright would be the less than mega the less than the five megawws and it would be already zoned I1 or they would be um requesting a reszoning to the I1 and of course most citizens realize they don't they don't live close to I correct industrial zoning correct right now. And so um anything bigger than that would be a use permitted on review. Okay. And none of this would go in unless it's by council approval anyways at that point. Yep. The news permitted on review is council approval. Thank you.

I'm gonna open the public hearing. Anybody wish to speak on this item, please come forward. Now, we did have some people sign up, which you don't have to do for a public hearing. Mark Gibson, Landon Holly, and Cindy McIntyre, and anybody else that wants to speak, please go ahead and make your way to the front. the three that I named. I already have your address.

Okay, we need to start the time. Mark, are you going first? We need to get the time started down. Okay, so uh couple things I' Okay, you're landing, right? Yes, I'm landing.

Okay, landing. Yes, Landon Holly. Uh there are a couple things I'd like to point out and I think could be added on to this to make sure we have better guard rails uh to ensure uh future uh developments are kind of kept in line. I think one thing to uh particularly note is beyond just the electrical demands, there's also going to be water supply demands as well as ecological e ecological concerns on what we do with said uh water because the water is going to be used to cool down the systems. those systems are going to contaminate the water and it's going to be bad. It's going to be filled with metals and other toxins that can be detrimental to the nearby environment. So, we got to keep that in mind as we go ahead and take a look at this. Uh furthermore, I'd also like to uh note that uh in our attempts to fully kind of comprehend this uh there is a uh report put out by the Brookings uh Institute uh that pointed out that for those large data centers, they employed 1500 construction workers and only a 100 operational jobs post construction. For a data center this small, imagine how much smaller those numbers would be at the end of it all. You'd end up having maybe hundred construction workers, maybe 10 operational workers at the end of the day. uh it doesn't make it worthwhile to invest in such a thing. Uh so that's something I'd also like to ask the council to keep in mind. Uh as well as that the money from the data center is really generated through the uh subsequent usage. So I'd like us to see if we could put in extra cost there to make sure the community can access that data s for uh yeah the data center uh resources use it for our own computations our own facilities and so on. If it's an external company, that money is not going to lie so much in Lton beyond taxes. Uh it's really going to go out of state, perhaps even out of country. So that's something we have to keep in mind as well. Uh those are some of the concerns I could think of. Uh yeah, thank you.

All right. Thank you, Mark. I've got your address, Mark. Okay. Thank you.

All right. Mayor, Councilman, thank you for the opportunity to speak today. I want to focus on one specific issue tonight's agenda. The propo the proposal to allow a data center within a a peak electrical demand of five megahertz megahertz or less on a permitted use of I1 zoning. This change is being justified as compared comparing data centers to digital asset minings. Those two are are uses are not the same. Um and treating them as similar is plan is planning a mistake. Digitally as digital asset mining is typically intermittent module and often temporary. A data center is fundamentally different is a permanent infrastructure intensive facility designed with a 24-hour operation continuous cooling backup long-term expansion. 5 megahertz may sound small but at a residential for residential items is not. 5 megahertz is roughly equivalent to a continuous electrical demand of 3,000 or more homes. the the level and load requirement sustained, transmission upgrades, mechanical systems do not belong in residential um industrial districts used as a buffer uh near commercial and residential areas. The common complaint nationwide among data centers is noise. Not not occasional noise, but constant noise. Cooling systems, transformers, backup systems produce a low frequency hum that operates day and night. It is often described as living near a a large and mechanical plant that never shuts off. Once a data center is permitted by right, the city per permanently gives up its ability to address those impacts. There is no guarantee public hearing, no binding contracts, no meaningful way to address a cumulative expansion. Oversight is lost the moment is mostly needed. I1 zoning exists in lotton as a compatibility buffer allowing infrastructure intensive always on

facility in that district defeats the purpose and initiatives and industrial creep into areas never intended to carry out that level of impact. I'm not asking for council to deny data centers. I'm asking council to retain oversight. Specifically, data centers should never be permitted and permitted by right. They should be allowed. They should not be allowed in zone I1 zones. They should always be used permitted on review regardless of the megawatt size. Once oversight is given up, it cannot be reclaimed. Cities that give up oversight already are early are now struggling to regain control. Cities have required review from the start avoided these conflicts. data centers should be reviewed every time allowed in the the right zones and full public visibility. I urge that you amend the ordinance before approval to keep lot zoning aligned with the original intent.

All right, perfect timing. Thank you, Mark. Cindy,

hi. uh they've already said a lot of what I wanted to say about data centers in particular. Also keep in mind that um this might be uh one of those investment bubbles that might burst as well. Everybody's investing in them. They're the hot new thing and uh that would probably mean maybe empty buildings. But what I really want to comment on uh have constructive criticism is the way public hearings are advertised. It is very unlikely a generic listing of small type in a sea of legal notices on the classified page or uh elsewhere like this one. And I had to look hard and Christine sent me this. I looked and look. I couldn't find it after I heard about it. Um it's unlikely that the people that are going to be affected by this are really going to notice this. And when I read in your AIC that there was this notice, I I I looked not just in that issue but numerous issues. So I think you know public hearing it doesn't have it doesn't bring the topic to the four. Uh I and few people even read the newspaper anyway sad to say. So there are better ways to get the word out when something may affect the citizens than uh you want to uh inform. Uh, for instance, when the city tried to sell Hunter Hills and other neighborhood parks a couple of years ago, not a single person bordering the park was notified that park borders my home, and it would be in private hands right now if I hadn't found out what was intended for it via a newspaper article published by a reader on social media. I wasn't sub subscriber at the time. So, I went to 40 homes in my neighborhood several times to inform them. And thanks to my neighbors who attended the public hearing and wrote letters, our park was saved. The city even gave us new

playground equipment and a lovely new sign. And the number of children playing out there nearly every day is a testament to the value of this park. We almost lost it. What should have been done would not have been expensive or difficult. You should have sent a letter to each address bordering the park. And if it was of little value, you wouldn't have got people would have been quiet. You could have done what you wanted. But if as it turned out if we valued it and they would we would do just the same that we did. So lack of proper notice for lack of it we could have lost a valuable resource. If you want citizens to trust you you should send a press release to the local media including social media informing them in unambiguous language of your intentions to sell parks, change ordinances or build data centers near established neighborhoods or wherever you want to build them. Don't just hide your intentions in the classified section or a oneline agenda item. So, you know, uh, notice of public hearing that would not have caught my attention, but data centers, it did. So, I hope that you, um, do your research.

Thank you for coming. Is there anybody else that would like to come forward and speak on this item? Council, open for discussion. Do you have anything you want to say based on what you've heard? Okay,

council. I I've got bunch of different ways of looking at this. Uh, one of them is having been up here when medical marijuana became a thing. U, I look at this as pre-planning. Um, because we didn't pre-plan for that because we weren't allowed to. um at least we have an opportunity to try to pre-plan this um and put some stuff in because what ends up happening is a guy comes up here and says, "Well, I just bought this land and now y'all won't let me." And so I'd much I'd much rather have this set up so that we that we know ahead of time where they can actually locate. Um and this isn't going to go next door to somebody's house. Uh, it's going to take about 10 acres. If somebody were to put in one this size, it's it's going to be about 10 acres. When you figure you're going to have to have some security setback because you're going to have a fence and you're going to have all that. You're going to have parking, you're going to have things. Um, I just appreciate the fact that we are looking ahead. Um, and this isn't going to allow everything to happen, you know, that people may want. uh but they will have to come at that point and say we need something different. Um so the other part of this is I think and somebody's mentioned it is you know PSO's got more more uh control of this than anybody does because they're the ones that know how much electricity they have left and how much they can provide. Um, that's the first stop that anybody that's going to open a data center is going to make because that's that's the ultimate is if they can't get the electricity, then they can't do what they want to do other than by using generators and it cuts the

cost whenever they have to use generators. Um, I just I appreciate the fact that that staff is is looking at this and and trying to get ahead of it. Was that a motion? That was a motion to approve. Wave the reading of the ordinance. Read the title only. I thought it sounded like that. Is there a second? We do have a second. Discussion.

Please read the title. Deep breath. An ordinance pertaining to planning and zoning amending section 18-6-14-646. Division 18-6-14, article 18-6, Chapter 18, Lton City Code 2025, by adding data center with a peak electrical demand not greater than 5 megawws as a permitted use within an I1 restricted manufacturing and warehouse district amending section 18-6-14-647, division 18-6-4 14 article 18-6 Chapter 18 Lton City Code 2025 by adding data center with a peak electrical demand of 5 megawws or greater as a use permitted on review within an I1 restricted manufacturing and warehouse district amending section 18-6-15-658 division 18-6-15 article 18-6 6 chapter 18 Lton City Code 2025 by adding data center with a peak electrical demand of 5 megawws or greater as a use permitted on review within an I2 industrial park district and amending section 18-6-16-672 division 18-6-16 article 18-6 chapter 19 Lton City Code 2025 by adding data center with a peak electrical demand of 5 megawws or greater as a use permitted on review within an I3 light industrial district

providing for severability and establishing an effective date. I got a question for Christie before we vote. Christie, what do we um I know these are small what we're controlling here, but I know the big ones use an enormous amount of water. And I think back to I don't know 2015 or 16 when our lakes were pretty low including Warika. Do we have anything in this use permitted on review that discusses water usage?

Not specifically. Um it was in the first draft that we brought and uh we took it as a direction of of kind of removing that to make it um where that's basically reviewed by staff on on that process. not necessarily written in code, but just as a as a staff process during the review. Okay, I got lost in that somewhere. Sorry. When you're reviewing the use permitted on review for what you've just presented, does the staff consider water usage and our water supply? We would send that to Rusty for the for his expertise in that area. Okay, Rusty,

on all industries that come into town, they are sent to public utilities and we review their demand and if it's available and our answer if it is not available and does not adversely impact the citizens of Lton, then that would be what we would evaluate it against. There are very few locations within Lton that can support a data center. And would they more than likely use reuse water? They can use reuse or raw water. Okay. And that's in our system already to to Yes. discuss the water needs and the supply. Yes.

Okay. Thank you. Any uh Yes, sir. Quick question for Rusty. Don't don't go away. Um, will ODEQ allow us to allow a data center to use groundwater, aquafer water? They they can use aquafer. They have to be permitted. They have to have water rights and the amount of water they're demanding requires they own a tremendous amount of property to get that volume of water. And one well will not supply. We're talking multi-millions of dollars just to get a small data center water.

Okay. I'm I'm satisfied if it's part of our process and evaluation. I'm satisfied. Yes. Oh, did someone have Mr. EPS? I I did um for for the what is it? Five five megawws. That would not come before council. That would just go through permitting. Is that correct? Yes. Less than five megawws would be outright permitted use in I1 how the ordinance is written today.

Okay. Do we have established parameters that define when you would sign off on that permitting for that five megawatts? If it's under five, it's a permitted use. So they would come apply for a building permit and and follow the the the code that's in place for the building and then any setback requirements as far as the zoning. But there would not be any yes or no to that use at that time because it would already be in allowed. Okay. There would be a public utilities review for water qual water availability at that location even in that process.

Okay. John, are you okay? I am. Staff's recommendation is pass this, correct? Yes, sir. You believe safeguards are in place? Yes. I'm not reading any any further questions by our council members. Please vote. Mayor Mayor, I did have Yeah. Yeah.

Oh, Mr. Hampton, I'm sorry. Just just very quick for quick clarification. uh even the five megawatt coming in, they would still go before council for for if nothing else for if nothing else besides Is that is that what you were saying, Rusty? Because it would still need to go in review for the utility for the water utility. That's on the building permit side. So, if it's under five megawatts, it'd be a permitted use as far as zoning concerned, right? When they apply for a building permit to construct said facility, that's when Rusty would do his review. My question is and my question is whether it'll come before council. No. From what Russy said,

they they it would not come to council if the city has adequate waters to support that without impacting fire flow and potable demand in in the city. Right. Right. But but but Rusty, what you're saying is if there's not enough water, it'll need to come before council. It would have to come to council for them to there would have to be some means of them obtaining that water. And if there's if there is enough water, it wouldn't come before council. But you're saying that it's going to take multi-million dollars of digging wells. Yes. To even get to the point to where we know that they have enough water.

Yes. And they would either have to build it at a location that uh would be basically adjacent to our a southeast water treatment plant, a raw water line, or or some form of of uh reuse water. And that is a check uh uh in a sense for the council uh that would come to council for a contract for selling them that water. Yeah. We you know we may not even none of us may even be here if any of that happens but but but the point the council would still have to recognize that to use that much water. Yes. To sell that sell that volume of water.

And you're saying that even with the aquifers that we have, we're not producing enough water to do that at this point. They enough wells but the cost would get very prohibitive. But we don't but as far as now I I know we have a couple wells but at this point we've got three wells to produce about 10 million and those would not support no this at all. No. Okay. Thank you.

Anybody else? Mr. One more question. What's the risk if we don't pass this right now? Not really anything. Um, when someone came to town and wanted to do this use, right now it's not a permitted use anywhere. So, we would eventually have to write some kind of code um that would allow them inside the city limits if that's the council's desire. Okay. It's not a permitted use. Data centers are not a permitted use anywhere right now. Correct. They're not listed as a permitted use anywhere. And so right now if we do nothing, everything has to come to council.

Well, there would have to be a code change to allow it somewhere because council can't even say you can just go over there. It would have to be a code change that would list that use in a specific zoning. So we would have to do a code change either now or later if we would want them inside the city limits. If we pass this, we lose our control on below 5 megawatt. If we don't pass it, everything has to come to the council for a code change.

Yeah, we would just basically push this down the line, but this this can be floor amended anytime you want to. I mean, and that's um an option as well. I want to tell you what I think we need to do because I sat in some LEADC meetings talking about data centers and I think we need to push the pause button and get Richski and LEDC in here to educate us a little bit better on data centers and the water use and the and the reuse water possibility. Um, council, I'd rather like to see you push the pause button on this and let's get a little bit more information. We're in the driver's seat without passing this and I'd like to stay there. Mr. Warren,

if I amend my motion, does legal have to read the title again? I'm rested. I would I would amend my motion to table this until such time as Rich can bring a presentation about data centers. Is there a second? Second. Who who seconded that? It needs to be the same person. Miss Williams. Okay. Discussion. Can I ask a question?

Brown. It's me on that motion. I believe if we table it to a date certain that helps out with the public notic notifications and not having to redo a newspaper publication for it. We announced it at the meeting right here so everyone knows when it's coming back. Nick first council meeting of February

and the second's okay. Okay. You got the Thank you, Don Lyn. Just quick clarification. T bring the exact same item back or do you want this item modified or does it depend on what Mr. Regowski says? Have some discussion when you're ready. Because we could just do a discussion item and then bring this back later. I'd like to offer a thought on this.

Okay, Mr. Brown. So, is it not feasible? And we had a presentation that suggested some amended wording that would still look like we allowed them, but they had to be a complete process. So, could we and and I'm not sure it was uh you sir that was in your paper had a couple of changes but could we not just amend this current one that restricted in other words took out the five megawws set it down to where if you wanted to build a data center in this town Yeah. because right now it's restricted. You can't even ask because it's banned. Could we use this amendment to say, "Yeah, we'll consider it,

but it has to go through the detailed process, the whatever you call it, ma'am. Whatever you call it." Yeah. But couldn't we just amend it that way? That way we don't have to go through the whole process. We have restricted it even more. It says we would consider it but we got more hoops for you to jump through and PSO being big hoop along with water. It that would be an easy amendment. Um the city attorney you know this is allows for floor amendment. So if you wanted to strike the one part about allowing it in in I1 we could make it all use permitted on review. That's the words I was looking for. Thank you.

You're welcome. I I just throw that out for consideration. Then this would be finished, but yet we've got the safeguards in that we're looking for.

Yeah, good point, Mr. Emps. The I believe that the safeguards would be there with that. My concern is then we don't have a forcing function for us to go back and do our homework and research and get on the same page with all that's implied with this with tableabling it. I feel like we it's it's more of a forcing function to have someone come up and present the information thoroughly and then we can make a more informed decision. Mr. So essentially, does that just take out the five megawatt barrier or number?

Yes. I mean we could basically do that instead of there being a threshold of the five we take the five out and move all data centers to a use permitted on review process and then at that time um the applicant would come and answer specific questions regarding their facility because right now this is a broad you know broad brush that would do everything. Okay. And so we we would we may not have specific answers because it would depend on a specific facility that would want to come. Thank you, Mr. Hampton.

Yeah, thank you, Mayor. I think that that u kind of some of the stuff that's been said here is uh us dealing with uh this whole thing on a very proactive level. And I I I think that in the sense of being proactive, uh I support the fact of changing it. Uh but I do strongly support us being educated about what the heck we're dealing with here in more detail so that so that we can we can deal with it. So I I I do support both of the things that were said on that that that side of the the the dis uh especially uh getting uh some educational information for this uh uh for us to make a an educated uh approach on this. Well, and just for clarification, I know of none coming, you know, none on the horizon. I know um Lita has talked very general terms, but as far as actually knowing that one's coming into a specific area, um I am not aware of that. So, we may still have some time um to be educated before we potentially see our first request. And I think that I think that's good and and proactive, but but at at the same time, I think that if we we can bring some uh educational information as was mentioned before the council, it'll help the citizens also to understand and maybe ease ease their objections to it.

Mr. Warren,

I do like the idea of use permitted on review simply because it it puts everything in one package every time. we can look at water usage. We can we'll we'll we'll have PSO here to say, "Yeah, we can we can supply that or whatever." Um, but I also do like the idea of having Rich or somebody come and and talk to us about it because there are a lot of positives um for data centers. Um they're not just negatives, there's a lot of positives. So, I mean, I'm I'm I'm If everybody's still good with with tableabling it, we can do that. And um I guess we can vote and if it doesn't pass, we'll try something else.

What's our risk tableing it for two weeks? Nothing. I mean, if somebody applies, we have to change the code, right? And it wouldn't go into effect for 30 days anyway. Ordinance doesn't go effect for 30 days. Um my only question is if we table it. Am I bringing back this exact item or I'm am I bringing back a modified item? Okay. Well, we have a motion to table and get educated in two weeks and then we can direct which version to bring back

and I do have to have public hearings to for code changes. So, if we wanted to have, you know, um, Richard do his presentation and then we scheduled a public hearing for maybe that next meeting and then that way the public hearing is is set. So, may could we table this to that second meeting in February and then have Richard present at that first one and then that way I can get the public hearing um, taken care of. Yeah, he's going to present at the first one and then whatever we do do at the second. Is that what you're saying?

Yes. Then based off of that conversation, you could direct me to bring this exact item back or a modified version, but I'd already have the public hearing posted for that.

Are you okay with that amendment? Are you okay with that second? Let's vote. And mayor, I'll notify Richard for you. Mayor, pardon me. I'll notify Richard to have a presentation ready. Thank you. You're welcome.

Technological challenge. Okay. The motion table passes 7 to1. Let's go to item 34. Discuss lot and city code division 7311 event and assembly. 33. Mayor Okay, we'll go to 33. Receive a presentation from the public utilities department regarding the industrial redundancy system to provide water in the industrial park area and provide direction to city staff as needed. Rusty?

Yes. What we've got bringing before the council, I've got a a PowerPoint presentation. Uh yes. Uh it's we've uh we a master plan was created for the West Industrial Park by Garver Engineering, but that master plan uh was is is for full uh provides redundancy out there, but it also provides for future expansion. We were looking at means of being able to service our industrial customers in the West Industrial Park, West Industrial, Goodyear, Bars, Republic, those industries out there. We have currently have one line that feeds out there, one pump station, one elevated storage tank. When we have a failure on any one of those components, we put those industries out of water. Uh over the past five years uh from uh information from from Goodyear, we've had six outages over the fast past five years that have cost in excess of of almost three million three and a half million dollars worth of uh lost capital production at just Goodyear. uh and uh we have uh we do not have a redundant feed out there because they require and that industrial park require higher pressures than our normal operating pressures for most of our areas of Lton. While we were looking at the the Garver uh report that they provided to LED, uh we I got to looking at the problems we were having and how we could accomplish it at at a at a better cost and and we first started looking only at a redundancy to supply Goodyear. They're the ones primarily that are impacted the dramatically. Uh I we had got Jacobs to

do a te to start working on a technical memorandum on what it would take to provide redundancy at Goodyear. Uh then we got to looking at potential fund funding sources, excuse me, funding sources. And from those funding sources, we started looking at what if we looked at the funding sources that are available out there. If we looked at the entire industrial park and and what we have is uh uh here is the lay map layout of of the water. The the red line is comes from 67th Street out to the checkerboard tank out there on Cash Road. From that point, it feeds over to Goodyear Boulevard and goes down south. and that that is the uh zone boundary for the industrial park that feeds uh all of that. That's one line feed out there. We've had a number of breaks on the 24inch water man that feeds out there along with a uh pump station failure, pumps failure, uh electrical failure on that pump station one, uh that has put that out of service, which puts uh specifically Goodyear out of service. The west high zone is the green line on this map. The green line is only can only provide about 45 PSI. The industrial line provides 96 PSI. Uh the what we were looking at is I I got to looking at it and how we could get a redundancy out of the West High Zone, come up with a concept of building a booster pump station that's fed off the West High Zone and connecting it to the industrial zone. That booster pump station would be able to boost that pressure. There's enough volume

available in the west industrial uh park to handle the west industrial residential plus to boost the pressure and feed the uh industrial park uh in in a in an emergency situation. It would have it has an excess capacity of about five million gallon a day which would be adequate to supply the industrial park uh with with some to spare even with expansion of the industrial park but that booster pump station. Then we've also started looking at the the 24-in main and the problems with it. The dark broad red line there that line is a 24-in water man that is 50 years old. It was built to service Goodyear and Goodyear is now reaching 50 years old in our community and so uh that line has reached his age is life. So we we're looking at that line and that booster pump station. So Jacobs developed a a technical memorandum uh to uh for a design on the booster pump station. And uh here we have is is a layout of the flows is a hydraulic model distribution of the flows. The orange is uh yellow arrows is the industrial line. The purple is the west high zone. what we would the plan first we started looking at plan A and which would be located on on Goodyear site which is just a very small booster pump station but it only would cover Goodyear but it doesn't it still leaves us vulnerable on that 24inch main but the larger plan is a booster pump station plan B located right there at AR that's fed hooked to both lines and it would be able to boost

the pressure to the entire industrial park and feed the entire industrial park. Uh Jacobs developed the plan A uh early on. It's a cost, it's only $720,000, but it would only service Goodyear. The plan B services the entire industrial park and it also upgrades uh pump station three to be able to handle we've got aging pumps in that system right there. It upgrades that and at a total cost with a 30% contingency of $ 8.5 million to upgrade and be able to feed water from either the west high zone or the industrial high zone to the entire industrial park. Then we started look looking at a recommendation is a plan B is for the entire industrial park. Then we started looking at the line and looking at phasing that project there to replace that 24in aging water line. Even with the booster pump station, if there was a break on that water line uh from the railroad uh tracks south, it would still put uh Goodyear out of water. And since that life line is at its life, we need to replace that line. So we asked Jacob, not Jacob's Garver Engineering, and I've got Cole with Garver here. Jacobs couldn't make it up. They were they were down. He lives in Dallas and and the ice would not let him get let him get here tonight, but he was going to be here to present. But replacement of that line, we we developed two phases uh is one is the south part of that which would provide a new line from the booster pump station to just north of the railroad tracks would which would accommodate everything that's uh in the in the

industrial park area. Uh and a phase two would take it all the way back to the uh checkerboard industrial tank. uh Garver's uh analysis of this the phase one the three uh 30 inch ductal iron are or ductal iron or we're looking at ductal iron or PVC uh that is about the top end that you would use PVC and it's a high pressure so we're really evaluating the the reliability of the the uh uh PVC uh for that line it would bring probably bring the price down slightly but not significantly less. But for phase one to put the south part of that mile and a quarter of that line in cost $6.3 million. Uh phase two is another $6 million. And again a 30% contingency takes us to a total line replacement cost of about $16.5 million. So what that gives us is a total project cost of phase one phase two of the water line and an and a pump station booster pump station of $25 million. Phase one of the water line needs to be built with the pump station. So it could be done at approximately let's see 6 and 8 14 15 right at 15.4 4 million 15.5 million to do phase one and a booster pump station because it's servicing all of that industries. We have a source of funding is through the uh uh state department of commerce their P3 grant funds and uh Richard Rowski has sent uh the tech our

technical memos to the uh uh Department of Commerce to see about potential funding and we've request requested the funding from them to support the entire ire project and uh of course uh with first things first we'd have to move forward with design of this project which is uh a contract with uh we'll bring back contracts with Jacobs for the pump station and Garver for the waterline uh replacement project uh and that would be brought back conditional upon receiving that funding uh but We have talked with their industrial customers out there. They have especially Goodyear has really been pushing for us to come up with some way to keep them in service with the impact that it financially has on Goodyear and then uh that impact affects their production and they want to make sure that Goodyear stays in Lton for for a long time. So we want to we we all want that. So this is a step to to help assure that. So open for questions. So, what you're wanting is our approval to get started on the contracts, but they wouldn't be let

unless you receive funding. They would not be issued a notice to proceed with their design until funding is secured. And depending on how much the Department of Commerce is able to give us, they may only give us the money for the design. If they give us the money for design, then we can move forward with that design. and then we can come back to them and other funding sources. But we really think we can at least get uh the pump station, the booster pump station and the first mile and a quarter of that 24-in main in this first round of funding.

Okay. I've been in those meetings with Goodyear on this. It's critical that we do this not only for Goodyear, which happens to be the largest manufacturing employer in the state right here in Lton, but it's important for the whole industrial park and any expansion that we want to have um recruiting other industry jobs here. Council, I think we ought to approve this and let the staff get to work on it. Yeah. Yeah. I've got Cole Cole with Garver. If there's anything that you would like to ask ask him because they did the original master plan along with uh the the technical memorandum on the waterline.

Well, he drove all the way down there. We ought to let him at least say so. Plus, he's got I love lot for I don't know if it hurt his feelings to him not have to speak. Uh yes, sir. I drove all the way down with my I love lot and pin. Uh my name is Cole Nibblet, Oklahoma water team leader for Garver. Um Rusty mentioned we've been master planning on this particular issue uh non the last 10 years. Um, so one of my first jobs at Garver was that LEDC master plan. Um, so just excited to be able to support you guys in in accomplishing uh the these goals. So was this redundancy plan and that original master plan? This waterline and the bottleneck associated with the pressures that Rusty talked about. That was uh one of the key findings from that from that study. Yes, sir.

Yeah. I like this redundancy where we don't shut our industry down at least not more than it takes to open different and shut a valve. Yep. The these valves will be automated. We'll be able to do that by turning a switch. Oh, really? Yes. Okay. It will not be a long shutdown. Okay. Good. Minute we know we can we can flip a switch, automate the valves and switch it. Mr. Hampton. Yeah. Thank you, Mayor. And and and this is another proactive uh approach here. Uh this new pump system that we're putting in booster pump. Yeah. What is the this whole project? What what is the life expectancy of that before we have to redo it again?

The building facilities and everything will have you know building facilities are basically without it pumps you have about a 10 to 12 year life on a pump itself. Electrical switch gear you may have 15 to 20 years on the building itself is a 50-year life. The lines are 50year life. So, but you have to replace a pump every so often on a pump station, but it has backup generational power. It also is rehabbing one of our existing pump stations that has the pumps are at at life now that we're going to have to spend that money whether we do this or not. So,

right. Do is there a percentage that we can expect to get some outside funding on on this right here? The potential is complete funding. uh and and that's what we've asked for the complete full project funding. Now uh Department of Commerce uh through their P3 funding and what they use is the payroll taxes that the state receives and uses that as as as collect that money and actually puts it back out into the local community. Okay. Thank you, Mayor. Is that a motion to uh direct the staff to proceed? Yes. Yes. That is a motion staff to proceed.

Can we have a second discussion?

Please vote. Okay. And the motion carries. Item 34, discuss law and city code division 7311, event and assembly permits, and take action as deemed necessary. Jerry, I'm going to let you introduce this, please. council. The mayor asked me if I would look at the Lton city code um set out there on as it relates to assembly permits. um since this was um past action taken by the council before I came on board and he was specifically wanting my opinion as to whether or not there were any constitutional concerns about restrictions on free speech. the legal department for the city of Lton um began our research on this and then kind of got caught by the snow. Uh we had we had started some discussions last week and and um some things were emailed to me on Friday

because as you know I'm I'm not I not in the office every day. The our comparison uh besides looking at what lot passed itself was a comparison with our six peer cities which as I've learned I think I'm correct are the three cities um with the population closest above Lton and the three cities with the population closest below what Lton is. So the three right above, the three right below, and Lton's right in the in the middle. So of those six towns, um I would tell you I saw nothing in the Lton city code that I thought prevented free speech or prevented the opportunity for citizens to have free speech. But I saw the code as an effort to try to assure safety and security of all citizens um when that expression was taking place. Quite honestly, the assembly permit for the city of Lton, I think, is um as as I looked and and reviewed it again today, I was a little bit surprised that the assembly permit that the application shall be submitted no less than two hours prior to the time when the event occurs. So, um, that if if something's going to happen at noon on somebody's lunch hour, they just need to submit the application by 10:00 a.m. that day. And unlike um, one of one of our peer cities says no person shall engage in a demonstration without a permit. Another says three or more. Um, Lton and another of our peer

cities both say if you have 25 people, you need that assembly permit. Lton also puts the permitting uh application in the hands of the uh parks and recreation department. Some of our peer cities require the city uh chief of police, specifically the chief of police to grant the permit or the city manager. My my reading and interpretation was that it it's a little appear the parks and recreation department is probably a little more gives an appearance to the public of being a little more friendly than having to go to the city manager or to the chief of police to ask for one of these permits. But um the mayor wanted me to give an update on where we were. That was before we anticipated two and a half days or two full days being out of the office. I my intent is to try to put this in a uh somewhat of a comparative chart so that you can see where you are as it relates to our peer cities. Um but with that I'm happy to answer questions of the council.

Council, do you have any questions on this? Any questions from council? Okay. Okay, I'm going to go ahead and let citizens that have signed up to speak and if you guys will just do we have some Mr. EPS, did you want to speak? Yes. I moved too too slow. Can Can you refresh my memory? Um, city manager answered this question for me before, but what's the cost of our permit? I'll have to look unless he knows off. I I think it's $25.

Okay, it's okay. That's that's what I thought. I just didn't want to make I want to make sure I wasn't misunderstanding. And then um I just want to verify uh because you you did some comparisons that that I think show us in a favorable light, but do you I just definitively do you see any um legal or constitutional issues with us requesting $25 for this type of permit? You know, my my old judge hat tells me to say that that's a question of fact that has to be determined on on an individual type basis. There are different uh the peer cities have different amounts that they do require. Um some of them may even have an opportunity to wave if indigency is shown uh in ability to pay. Um, and not to to be in full disclosure, one of our peer cities makes no requirement whatsoever for um an assembly permit. Okay, these were handed to me in order that they were handed to the clerk and I have messed them up. So, I apologize to y'all for that. that we'll uh I'm going to read these off and if you'll come up here and talk. Tom Sutherland, Mark Ashton, Sandy McIntyre, Landon Holly, and Alexander Smith. Now, we have a 9-minute time limit and there are five. So, that's about two minutes a piece. Okay, Tom. And I've got everybody's address here. So, when you get up there, just state your name and you're ready to talk. There we go. I rehearsed for 30 minutes.

All right. Thank you for the opportunity to be here. Uh, first off, I'd like for us to have aspirational cities, not peer cities. Tulsa does not require a permit for anyone wanting to get together. You have a copy of the page. I had it handed out this evening where they list their exceptions. I'm going to tell you the problem you have on your two-hour thing. The event happens at noon on Saturday. News breaks. People want in the streets. They want to protest and there's nobody to answer the phone to get a permit from. So requiring a permit at that doesn't work. The other thing is in the code, as it is stated right now, it requires that there's a spokesperson. We're in the internet, folks. As we've discussed tonight, there may be no spokesperson. The veterans may have a a gripe they want to complain about. Indigenous people may want to come together. No kings people may want to come together. And as happened last spring, those groups coalesed at Shepler Park. There was not a leader. There was not a single organization. So there was no one to file the permit. But there were over 25 people there. So if if you're going to put those kind of limits on it, you're missing the boat about what's happening in our society. Please consider doing what it will take for us to operate under the current situation. People are going to be there spontaneously. Tulsa's got it right. They're there spontaneously. They're behaving themselves. No permit. Thank you very much. Appreciate the opportunity.

Okay. Thank you. And I I uh I want you to know I appreciate you bringing this up because I think it's a a good community conversation. Uh Mark, again, I appreciate the opportunity to speak. Um as all of you know, this country was founded on the principle of protest. That's how we came to exist. Protest is a natural and a uh god-given right. It is a constitutional given right. The first amendment to the constitution, the US constitution and first article and uh third section of the Oklahoma constitution. And mayor, I'm trying to cut through this because you blocked off a minute from me. Uh the US Supreme Courts and the Oklahoma Supreme Courts have said that the First Amendment is is a um is something that we must go by and that it is presumed to be uh controlling in any situation where there is debate. Um the courts have ruled that in uh many times many times the objection that's raised as to protest is the safety of the protest. The courts have ruled that uh the thought that there might be safety issues is is insufficient. It doesn't cover the situation and that has to be evidence of of safety issues. In fact, um, Alexander Hamilton said, "To be more safe, the nations at length become willing to run the risk of being less free." This country has seen protests through the uh through the civil rights campaign and other campaigns, and we've made it through those safely. And um to think that there would be such an uproar in Lton, Oklahoma on that is is going down

a blind alley. it doesn't have any doesn't have any merit into our situation. I would urge you to look seriously at the Tulsa uh Tulsa stat Tulsa ordinance and and uh not permit not require permit. Abraham Lincoln was a man who often was confronted with protest and he and is remembered to say to sin by silence when there should be protests makes cowards of human beings.

Okay. Thank you, Mark. And uh Cindy Cindy McIntyre. Oh, okay. Landon, go ahead. you guys knew the order better than I did.

So, I just want to expand on what they've said. Uh, whenever I was reading article 7 uh-31, I found it really confusing to read uh due to the mc way define things. Uh, in section under uh 7-31-1-3102 uh A1, A2 and A3, you define assembly, assembly permit, and event as separate entities. Uh, but event permit is not defined uh despite that being what is talked about through the entire paper. Now, while I would treat an event permit the exact same as an assembly permit, uh they're treated as two two separate things. Event permit is covered earlier. Event permit, assembly permit is covered later. Uh as it currently stands, uh assembly permits have no regulations and the two-hour time limit does nothing. As Southerntherland put out, two hours for something that is as fluid or as dynamic as a protest is not enough time. you put in that two-hour application, no one's there. Someone's out on lunch, right? Uh furthermore, uh it says to submit it two hours before the event, not the assembly. Uh so in that case there, uh do we need to submit it two hours beforehand? Uh because those are two different things as defined earlier on. Uh and so that's a problem there. Uh furthermore, the reasons for denial of said event permit uh does not extend to assembly permit as they're treated as separate things. And again to go with this whole separation of stuff, uh all the rules and regulations we have for assemblies uh aren't really there. To have assembly permits is just to be redundant. Uh because as it currently stands, I could say I want to have a protest here in 10 minutes, an assembly, not a uh event. And as long as we are not acting recreationally, uh, celebratory or, uh, gosh, there was a third one for events, then we're good. Uh, I just got to hope that, uh, at some time y'all will give me the permit. And of course, there's no timeline on that because the event permit timeline does not extend to assembly permits. That's

all. All right. Thank you. Who's next? Cindy.

Congress shall make so shall make no law. So if Congress can make no law, why does Lotton think it can? Requiring a permit gives the city the option to deny. Not acceptable. Has the city ever given a citation to an unpermitted group of 25 or 30 people enjoying a family reunion in a city park? Has the city ever given a citation to unpermitted church group of 25 or more gathered to pray and sing in a park? How many people do you think even know that the city requires a permit for such activities when the only facilities used are the grass and the shade from the trees and maybe a picnic table or two? Peacefully protesting is a timehonored tradition as American as apple pie. A permit does not guarantee that nothing will go wrong. A parked car can lose its brakes on a hill and crash into a crowded farmers market. Does that mean you should ban cars on hills? The police in Witchaw Falls are respectful of the protesters there. Tulsa is as well. And it has never required a permit when hundreds and thousands have protested there numerous times this year. It's time that Lton puts its arms around the Bill of Rights and supports the right of its citizens to petition the government for redress of grievances, whether at Shepler Park or in this very chamber. Thank you. Okay. And Alexander Smith. I grew up here. Uh spent most of my life here. Spent my entire life serving this nation. Uh the right to protest.

When I was younger, my parents would uh would go to protests against abortion rights in very large groups. I never once heard anyone ever mentioned requiring getting a permit. Uh I understand that there is a need for being aware of a thing happening so that you can have police nearby able to respond. A notification system uh system on the website would function in the same way. Oh, we're going to have a protest at this time. Submit. You all are notified. The the the lot and police are notified automatically. No permission required. uh as a point and another point um the the 2-hour required notification, every pro every single protest that I've been aware of uh has never gotten a response in that 2-hour time frame. If you guys are responding in that two-hour time frame, that'd be great. But you don't. You typically take several days and in one case that I'm aware of, at least three weeks to respond. It literally sat on a desk until someone else came in and stepped up and said, "I'll put my name on it." And then it processed through in a matter of days, still days. So, those are my points. Have a nice day.

Okay. Thank you. Is um is Deputy Chief Hines or uh Carter still in the building? Okay.

All right. Thank you. I'm I'm wondering and we've got Dwayne here and we've got a fire chief here. You guys might be able to help us. Have we ever had an incident at a at a protest or a demonstration? Not to my knowledge. as far as uh maybe some type of unruly. Now, anytime we have a ga large gathering of people, it's a good idea for public safety to know that because I mean we in our own council chambers, we've had medical emergencies and so from a fire point of view, we like to know, you know, no different than a high school football game on a Friday night. There's a large number of people. It gives us ability to plan and be ready to respond into a situation like that. But as far as controversial, not that I'm aware of as far as an incident like that. Do do we already have some ordinances in place that say how far you have to be from the curb? Dwayne, did you want to say anything?

I'm not aware.

Okay. He said he's not aware of any. Do we already have some rules in place about you can't block the sidewalk or you have to be so far from the curb that would control these things? But because I'm going to tell you where I'm at on it. I'm I'm sitting here and in the time I've been here, we've had a few things that happened that we were very concerned would get out of hand. I'm not going going into the details of that, but they didn't get permits and we didn't find anybody and we somehow we made do and and what but we make all the law-abiding citizens get a permit and then we end up punishing law abiding citizens by requiring a permit. I understand the public safety thing, but I'm pretty sure we're constantly monitoring Facebook activity to see if something's going on. Anyway, and I'm I would um I think what we need to do is challenge the staff to come up with a way that I know Tulsa is not a pier city, but Norman is. And I'm pretty sure Norman is the one that has no rules. Is that right?

Correct. And can't you just imagine in a university town like Norman saying 25 people getting together has to be a have a permit. It's just not going to happen. But somehow they manage

and and here you have Tulsa even bigger. No no no permit. I I just wonder if we can't challenge the staff to look at this and let's find a way to let Americans be Americans and figure out we we've managed to provide the public safety necessary. I do think there's a point about this is the internet age and things have I think that's a good point. I think there's a point that something happens on a Saturday or Sunday there's no place to go get a permit. I think those are good points. But for me, what it amounts to is a lot that we require law- abiding citizens to get a permit so we can prepare for their law-abiding activity and we don't we don't require anything of of the ones that um that we're concerned with. So, I'm sorry, ma'am. We had to turn in your speaking sheet early. council. I'll throw that at you.

Mayor, I I would just comment. I I would agree. I think we need to look at that. Um I'd like to see a chart that's got all of our peer cities. Um, the one thing I was looking at that was different um was we we require insurance coverage. I don't remember what it is, a million dollars. And if you follow the rules, you have to go buy that and it's anywhere from $300 to $500 or something like that. But most of our peer cities will give provide a um a waiver that you can sign in lie of having insurance. So I just like to see all of that in one place so that we can can just see what's happening everywhere else. And I I think the mayor's right. I think you know we do end up punishing the individuals that uh that are law-abiding. Um, but and and that's and I don't like that, but that's what we do with every law that we've got. Every single law that we have out there punishes those that are following the rules. You have to stop at that stop sign because some idiots won't. Um, so I mean that's it's just the nature of the beast. So we can't get around that totally. Um, but I would like to see that so that we can make a good decision. Yeah, thank you, mayor. You know, I'm I'm I'm uh I'm a veteran. I went to war fighting for freedom and uh I kind I I've kind of said this before. I I I uh I'm still formulating my opinions because uh on on the responsibility of citizens that uh want to exercise their freedom

in not wanting you to do what you do and there is always that polarizing issue. Um not all people want private protest. Some people want violent protest and it's pretty evident uh that those people are out there and the balance of uh trying to find a way as I had mentioned earlier to live together and that's the whole key is how do we live together and sitting in this chair and having the responsibility to support those that hate me and those that love me is uh real solemnistic if you can't biblically cutting a baby in half. But but uh I would say freedom in this country is something that uh is fantastic. And when you're sitting with bullets and a gun wanting to shoot somebody that doesn't believe the same way that you do, you you you think differently. And I would say that um freedom without responsibility is not freedom at all. And I think that that if you're responsible, then you can be free. And if you're not responsible, then you can't be free. And that's evident in our justice system here and evident at my house if my teenager doesn't do what I tell him to do. So, you know, we we uh discussed this and and I I totally agree that you need to have the right to freedom to freely protest, but I disagree that you have the right to freely

protest violently and somebody get hurt. And um we must remember that the freedom that we have in this country gives criminals the right to walk around free unless they perpetuate perpetuate a crime. So, um I'm I just want to kind of throw that out there as we're talking about all this because uh I I I do think um I wrestle with with with giving my uh when he was a teenager giving my child boundaries that he doesn't go out and hurt himself. And at the same time, and I kind of see the laws like that with the and the policies that we put in place because we indeed want to be safe in everything that we do. Uh I I think that we need to have the freedom to protest. I I believe that. But but u and I think I'll leave it at that. Thank you, Mayor Mr. There you go. Well, it just seems to me that the uh to have to be required to get a permit to have an event such as the Spirit Survival or Holiday in the Park or International Festival is one thing, but the but the requirement to have a permit to go and talk about presidential election or whatever you want to talk about or uh that seems to me we we probably need to make some changes within within our policy or a policy within our program there. So the to me they're two sep two separate issues alto together just defining what an event is.

Mr. I was just going to say mayor do you need a motion to direct staff to go back and and review the policy and bring bring some other options back to us? I do and I'd like in there if they want to discuss with us. I don't really want to legislate their response, but maybe discuss with us some ways they could respond um how they could respond in a spur of a moment without I mean our our job is public safety and the whole permit process is about public safety if I'm not mistaken. So we need to understand what's public safety look like.

I make that motion. You make that motion. Is there a second? I'll second. Did I hear a second? We do have a second. Discussion, Miss Williams. That's what I was wanting to know. Why was there a charge put in place to begin with? in the ordinance where there's the charge of $25. If it's 25 people or more, what was the reasoning for that? The cost, why was it put in there to begin with? I would say we were trying to recover our cost and that was probably done before anyone in the room was here.

Yeah. Uh but I would say they would were trying to cover the cost of of getting the permit. So some events require like for for example if there's an event that requires us to block off traffic so then we would have to provide police there's a cost associated with that. So I I wasn't here when that ordinance was passed but I imagine that was probably the intent behind it.

Mr. And I and I think that I think it all kind of melds together because part of the reason for having permits anyway is because you have to be able to define between 20 people showing up on the lawn of the city hall and 400 people showing up at an event in the park u that's planned that needs uh portaotties and and dumpsters and all those things that you have to have when you have a large group of people. And so I I think it it's it's pretty simple, but I think it's pretty difficult to put that all in one package and figure out how to to to make it not punish the smaller groups that just want to meet and and carry a sign or whatever. Um, but I do see the chief's point in that I think part of the reason I do remember and I don't remember the the two groups or whatever, but at one point you you have one thing going on at Elmer Thomas Park and then you've got another thing going on at city hall out in the and so law enforcement and fire needs to be able to stage for that if that makes sense. So I think that was part of it also.

Dwayne, do you have something to add? He's down here already.

We used to these these assembly permits. They circulate through the multiple departments and the city's response is based upon the the request of the petitioner, if you will, the one that's bringing the application. It could be is barricades off for a block party, neighborhood block party, something like that. Could be an event in the park. They may be requesting additional dumpsters, um, trash pickup. There's just any number of things that would accompany that that might in make the city incur additional cost. And so that circulates through and though each department director signs off on what they typ what they would provide or could provide or won't provide. Essentially there's it's when you talk about events that's I think different than a uh a protest so to speak. Unless they get into the street and start blocking the streets then we have a public safety issue.

Okay. Now, um I'm g I'm going to tell you the question I'm going to ask if the staff comes back with we can't do it. I'm going to say why can Tulsa do it without notice? Why can Norman do it without notice? And and so with that, please vote. And the motion carries 8 to zero. And that's going to bring up the addendum. And if you'll give me just a minute to pull that up. say We're on the addendum pages. Is everybody got it? And if you logged in so you can vote. Consider approving a comprehensive revision to the Kids First Homeless Action Plan repealing and replacing the

previous adoptive plan. Uh, council, I put an extensive explanation in the um, AIC here, agenda item commentary, and I I go through a lot of things there and I'm hope you've read up on this so I don't have to repeat it all, but at the end of the day, we made a lot of changes that had to do with legalities and making it we honestly it didn't change much, but We made it a little more where it's not as inviting. You know, we're try we're not trying to invite legal challenges. You follow me? And so I think legal and our um consultant, Dr. AJ Griffin have done a good job of cleaning that up. And then Don Lynn got to do all the work for us on this. So I want to appreciate her. It has at the end of the day anybody can add shelter that they want that want to. The city's not going to add shelter. But if there's a church or a nonprofit that wants to use private funds or their own funds, however they get them, they can build shelter. uh they can serve anybody that they want to though the plan requires residency. Now um that's prefaced with when allowed by the uh CDBG and home grants. The other so the other thing is we do limit we say we're not going to increase shelter space and we've had that discussion before and we say that that city directed federal funds can only be used for individuals that can prove their former residency in lotton

obviously wouldn't be their current residency unless it's been for some period of time because they happen to be here. So really, that's what it's all about. And I will, you know, it stresses the fact that we're putting kids and public safety. We're putting our innocence above everything. and and we're compassionate and we're going to we're going to apply this compassionately, but we're going to require that there be measurable metrics met and that individuals that don't um I don't know how to say it. We can't force people to rehabilitate. Did you know that we cannot force people to rehabilitate? And we are not wanting city directed federal funds to be used to continue to enable. Our goal is empowerment. Empower them to do better. Now, I'm more than happy to answer any questions that you have. And Don Lynn, you are free to jump in there and try to explain that real quick better than I did. Whatever you want, whatever you think is important that I didn't say.

I think you said to me once, maybe the last council meeting that I'm really enjoying listening to you talk about it. So, you got it. Council questions.

I don't really have a question. I I I think that this is it's really important um because We have the opportunity to uh enact and fund solutions. And we also at the same time have the opportunity to limit the enabling of a structure that has been used for the wrong purposes over the years. uh not necessarily just here, but everywhere. Um when you have groups that make money by continuing to provide the same thing for the same people without making them have a better life, that's not accomplishing anything. Um it it's it's poor use of citizen dollars. um for me to come and knock on your door every Tuesday and say, "I've got this guy that he doesn't have a job and and he doesn't have anywhere to live and I need you to go ahead and pay for a room." That's not fixing the problem. And I think we have moved into an area now where we are interested in fixing the problem and not just continuing uh to have the same problem over and over and over again. We will always have to contend with having the same problems with different individuals. Um but we if we can build solutions, we can funnel those individuals into those solutions and and actually make the world better. Um and not simply fund

people that are trying to bring it along. Um I think this is a really positive thing. Um, I know that that uh we've gotten some bad press, not necessarily by the press, but we've had some people talking about us on Facebook and and why aren't we helping this individual and and and why aren't we doing this and why aren't we doing that? Well, we're doing a lot. Um, but we're going to try to make sure that it actually funnels down to the people that need it and that we make their life better tomorrow than it is today. Um, you know, we we're fighting a a a battle against not just homelessness and and things of that nature. We're fighting a battle against um other cities um that shall remain nameless so that we don't get in a big battle over that. But anytime you've got a larger city that is literally putting a backpack on somebody's back and putting them on a bus and sending them to the lot in Oklahoma, that is not solving the problem. And um in fact, I think it's propagating the problem. And uh anyway, I just think that this is a a really good change. I think we didn't really change a whole lot. Like mayor said, I think that we have kind of built a little cover in there for ourselves and let where we had left ourselves open. Um but I think the problem is that that uh we just need to get everybody on board.

Thank you. And uh was that a motion for approval? That was a motion for approval. Is there a second?

We do have a second. Now I want to make one other statement that as you were speaking reminded me we we do a good job in this version of defining the roles of government. What is the municipal role? What is the state role? What is the national role? Our job is not housing people. That is a HUD program from the federal government. We have the Oklahoma Department of Mental Health and Substance Abuse and that is their role. So, um we keep that in mind and we and we define that in the plan. Everybody expects this is normal that the entity that they have the most access to to do everything. But we can't do everything. By the way, that's the city. they have the most access to us. You can't go to the state legislature and get up and talk or sign to talk about uh anything that I'm aware of. Um and so you have most access to the city and everybody expects the city to do that. But the truth is those r those roles are very defined. I'm going to bring up something. had dinner with the bank that bought our last bond and he said one reason our bonds were so in demand. We had nine times the demand if I remember right. Wasn't that John? Nine times the demand of what they were able to fill with our bonds. And I asked him why that was. And he said because you don't get into social programs. And so I think we have to avoid I asked him by the way I asked him I said well what about our youth programs now that's okay but you can't allow cities to get into social the social business in that

way and and the the state and federal government are set up for that and we're not any questions before we vote I mayor yes

yeah mayor I I I just want want to add you know dealing dealing with the the homeless problem and and keying in on on the fact of of of uh balancing between what the private sector wants to provide and what the public sector should pro provide is is is key to some of this in this plan and and and and functionally helping those people that are in our town that that are homeless. And u uh I I I I think that that that we we've hit that that stride where we're providing the framework and support that's needed for our community to reach out and help. And I'm I'm real proud of those people in the private sector that are that are actually taking responsibility to do that. And I'm proud of the city for not stopping them or controlling them in what they want to do and how they want to do it. And uh in W five, I drive by the the the tent city all the time because I'm I'm concerned. I was concerned with the cold going on, what they were doing over there. But but but uh uh there is there is calm help for them, but there's also calm help for those people that made bad decisions and need to get a step up back into being responsible. So, I I I I I I'm really feel good about the balance of of of how we as a community are working together, helping even those people that have nothing and they're walking around. So, I just want to make that statement that,

you know, you know, you bring up what I probably didn't put in there is how much we appreciate all of the nonprofits and faith-based organizations and all that they do in our community because it is so important and and in many in many ways, it's a matter of life and death and we can't do it without them. So, the next revision will have that appreciation in there. Thank you for that. Please vote. Mayor, I will call the role on this one. Okay. Hootin, yes. EPS, yes. Brown, yes. Demery, yes. Hampton, yes. Waguer, yes. Williams, yes. Warren, yes.

Motion carries. Do I have a motion for to go into executive session? Yes. Have a motion and a second. Please call the role. Hooton, yes. EPS, yes. Brown, yes. Demery, yes. Hampton Waguer. Yes. Williams. Yes.

Warren. You're welcome.

Huh? Michael We don't like to reason.

I know. I enjoy it too. I must have 97. I'll bring you

Where was What do you think? yesterday. Yeah. Good. How you doing?

You have a great day. All right, I'll see you guys later.

I will now. I will. You pushed it. I told It is already squares.

Texas. Thank you. Thank you. At least I go home. years ago. Super

Yeah. High school. Everybody

We'll see. Yeah, that I'm not

I need a motion to return. Motion to approve. Motion to return. I'm sorry. Do I have a second? We do have a second. Please call the role. Hootin, yes. EPS, yes. Brown, yes. De, yes. Hampton. We Yes. Warren,

executive session item 35. Jerry, pursuant to section 307B.3, title 25 Oklahoma statutes, um the city council convened in executive session to discuss the potential purchase of real property in relation to the city's landfill. Mr. Mayor, I do not believe there is any action. Executive session. Executive session item number 36, jury.

Pursuant to section 307B.4, title 25 Oklahoma statutes, consider convening uh the city council convened in executive session to discuss the status of an ongoing investigation concerning the dangerous and dilapidated structure process. Mr. Mayor, there is no action. Executive session item number 37, jury. Pursuant to section 307B.1 title 25 Oklahoma statutes, the city council convened an executive session to review the employment of John Ratliff as city manager. Mr. Mayor, there is no action.

Executive session number 38. Jerry, pursuant to section 307B.1, title 25 Oklahoma statutes, the city council convened an executive session to discuss the vacant position of city attorney. Mr. Mayor, there is no action. Executive session number 39, jury. Pursuant to section 307B.1 title 25 Oklahoma statutes, the city council convened in executive session to discuss the continued employment of Jerry Asins as interim city attorney. Mr. Mayor, I hope there's an action on this one.

Okay. Mayor and Council, I move to approve a second amendment to the employment agreement between the city of Lton and the Honorable Jerry Asin, providing for, among other things, a month-to-month extension of the agreement through June 30th, 2026, unless otherwise terminated sooner by either party, and two, removing the $75,000 salary cap in the current agreement. Is there a second? Second. Do you have a second? Do you want to call the roll or are we voting? What she say? I'll call the role. Call the role, please. Hon, yes.

EPS, yes. Brown, yes. Demery, yes. Hampton, yes. Williams, yes. Warren,

okay, motion carries. Brings up audience participation. have two people that have request to speak. Matina Davis Prudome and Alexander Smith, please come forward. And Matina, you're up first. Good evening, council. I'm here today because the word transparency is often thrown around in this chamber. But for the citizens on the other side of the glass, it has become a hollow promise. I'm still waiting on public records that should be ready available. In my emails to the city attorney continues to go unanswered. If these if this was a private business, you all will be out of work. As a government, you are simply out of excuses. Point one, privacy and surveillance. What's more alarming is the shift in how in how you interact with us. While we struggle to get basic public information, our own privacy is being compromised. The impetations of facial recognition, address, telephone number, software to attract to track and profile citizens reaching out to their representative isn't efficient. It is an invasion of our rights to privacy. Why is the government more interested in tracking its citizens than answering answering them? Point two, financial accountability. This is the lack of openness. It's particularly gallop galloping when we look at 86,000 of HUD money. We don't know where it's at. The cyber fraud incident. Where's the accountability? Where's the the audit? We are told to move on. Yet the same administration that can't secure our federal funds is the one creating the friend of friend network that keep

the public in the dark. The conflict of interest here aren't just rumors. There are barriers of justice. Conclusion. A call for respect. Finally, I've heard my concerns dismissed by some here as a rant. Let me be clear. Demanding honesty, transparency, and records from a public servant is not a rant. It is a right. The way I and others have been treated by the city inner circle is unacceptable. I'm a constituent, not an inconvenience. I expect the records are requested. I expect an explanation for the surveillance and I expect this council to start acting like they serve the public, not just their friends. And again, I am against facial recognition.

Okay, thank you for coming. And as Alexander Alexander Smith, he left, didn't he? I don't see him. Okay, with that, I'd entertain a motion to adjurnn. Second. Motion a second. Please call the role. Hooton, yes. EPS, yes. Brown, yes. Demory, yes. Hampton, yes. Weer, yes. Williams, yes. Warren.

Okay. Concerning the Lton Transit Trust Authority special meeting. Okay, we are going to cancel this special meeting and we're going to reschedu hopefully for Friday per the city clerk and so we're not going to convene that meeting today. Is everybody good? Are you good? We're done. I'll announce that that'll be Friday, this Friday at 10:00 a.m.

We'll do another call. My wife is I'm working.