Council Meeting - Regular Meeting

still it's now 6:00 on Monday, May the 12th, 2025 at 6 pm and I call the city council of Dayton to order. Um, and in lie of the roll call, uh, Miss Martin had apologized. She wasn't going to be here today. She had a, uh, a work trip that she couldn't get out of. So, um, if we can call up, uh, if I can call up, uh, Reverend Craig Vicky. He's the youth pastor of Greater Faith, and he is going to be doing our invocation. There you go. There we go. Hey, we're good, man. I appreciate it. Sorry about that. Um, like I said, I just wanted to uh take this moment to thank you very much for this honor and the privilege for allowing me to pray over this meeting. Amen. Um, like Mr. Mayor said I am the my wife and I um serve as the administrative and youth pastors at Greater Faith Apostolic Church here in Dayton on 1960. And uh just a little bit about us, we are uh experiencing great growth, great church, and we're just having fun doing it. Amen. And uh uh going through a building program right now for a gymnasium and uh classrooms. Amen. Uh so thank you very much for this opportunity. if we could just bow our heads tonight for the remainder of this uh meeting. Lord, we thank you, Lord, for today. We thank you, Lord, for waking us up this morning with shoes on our feet and clothes on our back. We thank you for a protective hand upon us today, Lord, to get through today, oh Lord. We thank you for Jesus, this meeting, Lord. We thank you, Jesus, for

everything that you've done in our lives. Lord, we ask and we pray that a spirit of unity, Lord, would be be poured out in this place tonight. Lord we pray Lord Jesus that your will would be conducted in this meeting oh Lord Lord in the name of Jesus we pray. Amen. Thank you. All right. Um, moving into, uh, citizen comment period. Uh, I have, uh, Mr. Taylor Ch, if you can come forward. Good evening, council. Um, it's it's funny. I I once a month get to sit on that side and don't get to be on this side. So, it's it's it's a little interesting. Uh, hey, I'm here tonight. Uh, I would normally would have liked to spoke on this. Uh, I serve as the chairman of the board of uh adjustments, the unofficial because we are still in the process of creating those uh positions and those board rules. Um, you know, the board of adjustments was created back in September last year. And Chris, you can help me on this. Chris is our our city city uh administrator here with us. Um, the board of adjustments local government code says that the city council appoints the members to that u that board. And then also in the local

government code says that the board creates its own rules. and Daniel, our attorney that works with us, has explained to us on several occasions how the city council and the board um of adjustments have almost a common role in our position where the decisions we make are not just they don't go back to city council. They are u independent. What's that? Independent. Independent. Yes. Sorry. I don't know why I I'm a preacher, too, and I get so nervous every time I get up. So uh uh anyway, so we we have been working through with Chris and Daniel some uh board rules and board stipulations for our own working our own policies of how we're going to work together. Um just some of those things that we need to do internally and it came up the con the the idea of how board members are appointed which reflects back to that local code that state code that uh obviously we can't change and even city council can't change. that is the local government code that says city council appoints those board members. But we in our discussions and it's been a lively discussion amongst us for several weeks. Um good in in working together on this. you feel like it would be in the best interest of our board of adjustments and the city council that there be a a policy in place tonight that resolution in front of you that the council not appoint uh I'm going to use the layman's term cuz you can you can you can use the affinity and that other big word there um but essentially we don't appoint uh family members of council members or board members essentially uh eliminating the nepotism uh conflict of interest there and that's really the biggest um matter of at hand for us tonight that we're asking the council to uh pass this resolution that would eliminate any type of conflict of interest of a council members, family members serving on the board cuz you will appoint those board members. We can't um we can suggest to you who we feel like would be a good fit

for the board. We could ask you to appoint someone, but at the end of the day, state code says in the local government code that you guys get to appoint it. And then at the same time that same local government code says that the board of adjustments gets to create its own uh independent rules of operation and we have agreed upon some some rules that we want to hold ourselves to. Um those are two-year terms. They they all technically started in September. we've kind of uh worked through and talked through maybe some ideas of how we can create a um a staggered rhythm so that you know if you council wanted to eliminate the entire board and put listen it has been a huge learning curve. It's been an interesting uh since September interesting several months of learning what what our role is and how we can help the city and keep to the uh the unified code that we're kind of held to there. So, I'm I'm speaking in favor of it, uh, both serving on the board and as a citizen of the town that I think it would just be in the best interest that we eliminate the conflict of interest by ever appointing a family member to council or a current sitting board of adjustment member. Thank you. Okay. All right. Thank you. Um, moving to uh, unfortunately I can't read the first name. Uh, last name is Rodriguez. Sorry. I apologize and have you have you come up? Um, my name is Shah Rodriguez. Um, I live right here on South Cleveland Street um, at 502. Um, I don't know if this is right for him or not, but um, my wife and I, we've lived in Dayton all our lives, and then we just moved here down the road about 3 years ago. Um, growing up, there was a speed bump right across the street. Um, uh, we've noticed now we have a little

girl that's running around and my wife is pregnant with our second and, um, we've noticed a lot of cars speeding. We've called the police department and they do what they can do. It's it's I understand that they're they're busy. Uh and they they do monitor uh the traffic a lot. Um but um the kids when they get out of school, they come walk down the sidewalk. Um the cross country team, I believe, is also running down the streets. There's a bunch of kids that um I wouldn't say play on the street, but live around. But we were just wondering um if we is there a way we could get that speed bump put back in or something to help monitor the speed of the cars that are passing by. I think it's kind of a safety concern for the kids that are leaving school uh and walking either home or wherever it is that they walk by. But um like I say, we we called the police department and and they do what they can do. They do send out uh patrol cars every time we've called. But um we were just wondering if that was um something we can get started here or if a concern that we can bring somewhere else. Yeah. Unfortunately, and and I don't mean to sound crass or rude or anything, but um this is citizen comment period time. It's your time to come and speak to the council. Unfortunately, uh because it's not an agenda item, we can't actually collaborate and talk back to you on it. Uh but it is something if you can get with um Mr. Woods uh he can he can kind of start facilitating that process. Perfect. Thank you. All right. Uh next up we have Miss Anna Smith. Hello everybody. My name is Anna Smith and I'm festival chairman of the

Dayton Old Time, letting us host this festival this year. I wanted to let y'all know that we raised $36,000 amongst 24 students for hosting that. So, I can't say thank you enough for all the love and support that you have given the festival. Thank you. Thank you. Thank you. Thank you for coming. Thank you so much. All right, moving into item 6A. Consider with possible action on ordinance uh 0 2025-9, canvasing results from the May 3rd, 2025 general election. Uh I move that we approve ordinance number 02025-9 canvasing results from the May 3rd, 2025 general election. Second. Okay, I have a motion to approve with a second. All in favor say I. I um 6B, oath of office to be administered to the newly elected city council members from the May 3rd, 2025 general election. you next. You next. Congratulations, John. God bless you. All right. I'm going to make this easy. I'm going to I'm going to ask you to raise your right hand and I'm going to say I and I just want you to repeat your name and then I'll read the rest of them and say I do at the end. Okay. Yes, sir. I do solemnly swear that I will faithfully execute the duties of the office of Dayton City Council of the State of Texas and will to the best of my ability preserve, protect and defend constitutional laws of the United

States and of this state. So help me God. Ladies and gentlemen, your new I know we live with a little invocation, but we're going to have another one here since we have new couple. Well, one old council member, no, not old, but older and then one former council member coming back on. We just want to start off on a on the right foot this year with everybody since we got some new. So, Perry, will you leave us a little word of prayer? Sure. Glad to. If you all join me, heavenly father, we call on your holy name today. Just say thank you, Lord God. Bless the new members coming in and the reelect and all of the council. I heard it said tonight, Lord God, that we're praying for unity, Lord. That is still our prayer. We are praying for unity for this group of people, Lord God. And we can only do that with your counsel and with your wisdom, Lord God. So give us the wisdom to look out for the city of Dayton, which we all desire to be a mainstream place to live for our families and friends. Lord God, we're asking for your help. In Jesus name, we pray this prayer. Amen. Amen.

Give me love. Give me love. Oh, nice to meet you. All right. Up next is item 6C, appointment of the mayor prom for 2025 election year. Um, I've thought about this for some time and I have asked Miss uh Tanya Smichel if she would stay on as my pro team and she has graciously accepted. So want to uh to go ahead and formally announce that as well. Um moving to uh presentations, updates, and reports. Um item 7A, uh the vindicator is going to come and present the city of Dayton. Got a stack of these for you guys. Um and um the reader's choice for Victor have done this for years and years. about 5 years ago, we added some categories that included fire departments, law enforcement, city government, whatnot. And um I can't remember how many years you guys have won. I know this will be the second year in a row for sure, maybe more than that. You have won several of these. I believe I've won all four of them last year. So, our readers uh from across the county have voted the city of Dayton as the best city government in all of county. They have voted the Dayton Police Department the best law enforcement agency in all of Liberty County. They have voted Dayton Volunteer Fire Department the best fire department in all of Liberty County. And they have voted

u excuse me Brandon SO as the best volunteer firefighter in all of Liberty County. So I just want to congratulate you all and here I guess we get a picture. hold all of them up. Yes. I want to get y'all want to come over here. You probably shouldn't all the stuff here. Well, this Yeah, I don't I'm good. I'll take the picture. All right. One, two, three. One, two, three. One, two, three. One, two, three. Congratulations. [Applause] [Music] city. All righty. I don't think I'm getting a workout from getting up and down so much. Um, okay. Moving into uh city manager updates. Mayor Council, I just have a microphone. A couple of quick updates. Um, there is a retirement party for Dr. Johnson I wanted you guys to know about on May the 27th from 3:00 to 5:00 p.m. here at the community

center. Um, also the city offices will be closed on May the 26th, the day before for Memorial Day. And just a couple of days to be thinking about if you can get back with uh myself or Jennifer budget workshop and strategic planning meeting looking at June 12th or 13th whichever one yall will be available [Music] for and also I one other thing Tammy I'm I'm gonna call you call you up again. I don't want to. Ky was up here all weekend this weekend with Dette. I mean, I'm sorry. Sorry, James. Shameless plug. um they could come and she wasn't scheduled to be but uh we had an employee lost a family member that had to go out of town and then uh we have somebody else that's off and Tammy came up here and volunteered her time and uh worked all weekend even on Mother's Day and I really appreciate all the work that she put in not only Saturday and Sunday but leading up to that helping to organize that event and taking that on herself. So just wanted you guys to know Okay. All righty. Um, moving into uh our um finance reports. Good evening, Mayor and Chancellor. This report represents a general overview of the financial operations through April 2025 which is the seven month of the fiscal year for 2425. The budget is at 58% complete. Um for general fund we have total revenues

are at 8,387,451 or 74% of budget which is trending 10.1% more than last year year to date due to higher corrections in property tax and sales tax increased interest earnings from investments um revenues from new development proceeds from sale of assets insurance reimbursements and other miscellaneous income for total revenues I'm sorry for total expenditures are at 5,455,737 or 48% of budget um which is training 10% more than budgeted numbers for the fiscal year. We have revenues are over expenditures by 2,931,714 which this is a positive indicator of the city's financial position as it reflects that the city's collecting more in revenue than expensing out. staff will keep monitoring the revenues and expenditures closely throughout the fiscal year. For water and sewer fund, total revenues are [Music] 4,897,420 or 60% of budget which is trending um 2% higher than budgeted numbers. Um for total expenses are at [Music] 4,31,880 or 58% of budget which is trending right on target. um for revenue revenues are over expenses by 85,540 which revenues are finally exceeding expenses. This is a positive improvement indicating improve financial performance in the fund earlier in the year. This fund experienced a temporary imbalance due to significant debt service payments made at the end of January. It has taken several months to recover from the large expenditure but the fund is now trending in a more favorable direction. Um for the solid waste firm we have total revenues are at 499,981 or 60% of budget which is trending 2% higher than budgeted

numbers. Um total expenses are at 367,343 or 53% of budget. Expenses are trending 5% lower than budgeted numbers for the fiscal year. Revenues are over expenses by 132,638 and that's due to timing differences in expense recognition. For the 50 fund, total revenues are 191,543 or 37% of budget, which is 21% less than anticipated budgeted numbers for the fiscal year. Total expenses are at 430,612 or 29% of budget, which is 29% less than budgeted numbers for the fiscal year. Um revenues are under expenses by 239,69 [Music] um due to low revenue collections and expenses incurring to meet the needs of the residents. All right. Uh moving into uh mayor, staff, and council comments. Um, first I want to say uh want to echo what Dererick was saying. Uh, we had a large event over the weekend. Um, it was pretty uh, taxing on everyone and I want to say thank you for all the hard work that was put in and um, you guys are the unsung heroes for the week. So, thank you again. Um, any uh, anybody else have anything they want to bring up? I do. Just wanted to announce to the public uh in case you were not aware, the city of Dayton uh splash pad on North Winry is now open for the season. The John's Public Library summer reading program will be happening from June 16th to July

12th and the registration for this program begins on June the 9th. And also, this is National Police Week, and I want to personally say thank you to all of our members of the Day PD for their service and their unwavering dedication to service for our community. Thank you. Anybody else? Yes. Uh, Liberty County Republican Women are having a meeting on Tuesday, May 20th at 6:00 p.m. at Newark Family Worship Center. And the topic of our discussion is why politics matter in local elections. Should be a good one. Very interesting. I'll be waiting breathlessly on the live stream for that. All right. Uh moving into our consent agenda. Um, if there's no questions, can I get a motion uh on the uh consent agenda? I move that we approve the consent agenda as presented. Second. Okay, I'm a motion to approve with a second. All in favor say I. I. All opposed. Consent agenda passes. Uh, action item 9A. Consider with possible action resolution number R2025-25, a resolution of the city council, city of Dayton, Texas, accepting for filing a petition requesting the creation of the Dayton public Improvement District number six. Finding the petition can be compliant with applicable laws. Calling a hearing to consider the creation of the public improvement district. Authorizing and directing that notice of the public hearing can be given required by law. Providing for an immediate effective date in resolving other matters in connection therewith. Thank you, mayor. Uh this date and PID number six would be

the fourstar property. Uh they're on 1960. It's when we have a development agreement in place uh with that developer. It would be this side of the Dr. Horton property just as a reminder uh half mile or mile or so in from there. Um and what this is is well first of all just a reminder in our development agreement we said we're going to create a PID and this is the first step to that. It's they've submitted their petition for the creation. Um, we actually annexed this property last month at our meeting and this is just saying, "Yep, we got your petition and we're going to set it for a hearing in at our meeting in June and do all the stuff that we have to do for that." So, this is not approving the PID, correct? This is just saying we're going to have a hearing. That's right. And vote on it at next month's meeting. But again, just as a reminder, we did agree that we're going to create a bid, right, by our contract with him. So, so all we need now is a vote to accept the petition and set it for hearing. Okay. Make a motion to approve resolution number R 2025-25 as presented by Brandon. Second. Okay. Have a motion to approve with a second. All in favor say I. I. All opposed. 9A passes. 9B. Consider with possible action on resolution number R2025-26 authorizing the city to issue requests for proposals or RFP for administrative planning development services for the community development block grant mitigation resilient resilient communities program grant program administered by the Texas GLO. Good evening council. This particular item is a resolution to give staff the permission to move forward to pursue a grant for a total of $300,000. It will not require any city matching funds if we are to obtain it.

Um, basically this is an opportunity for us to get funds for updating our comprehensive plan. Um, the last one was adopted in 2017. If you all don't know the comprehensive plan is basically our guiding document for development. Um, this will start that public process all over again. How do the citizens and residents imagine their city? So, we'll get a chance to uh embark on that. We also are going to be looking at updating our building codes. Right now, we're on the 2015 building codes. We need to update that as soon as we can so that we can get to the 2024 as we are getting to the 10-year mark of that um those building standards. And then this will also give us the opportunity to pursue uh hazard mitigation strategies. This region is particularly vulnerable to wind, is vulnerable to flood, and also vulnerable to fires. So, these will all be uh components of the comprehensive plan. Again, um these plans are expensive. They get into the hundreds of thousands of dollars. So, this grant will help go a long way. Um so, we ask that you all um approve this uh resolution so that we can get some money. What percentage do you think it'll cover? It depends on the full scope. Uh $300,000 will definitely get us a long way. We probably can fit the entire plan u for the city for for the size of this city inside of that 300,000. So, we're going to do our best to do that. Um but we have to visit the consultants and see exactly what that list include. If it supersedes that, then we'll bring it back to you to tell you what that what it takes to to get us over the hump. But that's significant amount of the plan should be 300,000. Can I ask you a question? Yes sir. Obviously I'm new. Yes. Right. New but

old, right? But who is working the plan with you? Who are we using? So we have to we have to pursue that. That's part of it. We don't have anybody. We don't have anybody at the time. Uh that's the part of it is hey do we get the grant funds and then who do we decide to do the administration and the actual planning of the of the uh document. All right. Thank you. Okay. If there's no other questions, can I get a motion on 9B? I move that we approve resolution R 2025-26 authorizing the city to issue RFPs as stated on the agenda. Second. Okay. I have a motion to approve with a second. All in favor say I. I. All oppose. 9 B passes. 9 C. This is something before I announce what this is. This is something that we've waited till on council for 2 and 1/2 years. Excited about this one right now. Consider with possible action on resolution number R2025-23 awarding the bid for the Clayton water well project and authorizing the city manager to negotiate and the mayor to execute a contractor with Wasinger Incorporated for the water well project. We are getting a water well folks. Thank you Mr. Woods for all of your help. You stole my thunder just a little bit. I'm sorry. I don't really have anything else to say at this point. Jeff Levens with Lead Engineering is here. He's been uh kind of spearheading this project for us. Um he's here to answer any questions if you have. Uh Jeff, if you want to come up, Jeff's done a fantastic job for us on this and really uh has worked above and beyond to make sure the city's doing its due diligence and saving the most money we possibly can. So, we appreciate it, Mr. Woods. Well, um good evening, council. Good to be in front of y'all. Um, I'd like to happily present we did take uh

bids uh Wednesday of this past week u for this new Clayton water well. Uh we did have three responsive biders. Um I'm sure in y'all's council package y'all do see that recommend recommendation of award letter and the attached bid tabulation sheet. So Winger Incorporated was the low bid for $2,255,245 um which was an excellent excellent bid. In fact, all three well drillers, very well known, very uh reputable, uh gave y'all really good bids. Um the budgeted amount was $3,520,150. So, we're just under 1.3 million under our projected budget on that. So, I I felt really excited to see that y'all were able to get these these really competitive bids. So, um really just just in closing, um we have worked with this group in the past. I think they'll do a great job for y'all. Um and so we recommend the city go ahead and award to Wisinger. A quick question. Did we look at going the other side coming back towards that project with the pumps that we know that we are having trouble or will could possibly have trouble with? Yes, sir. Um that's another phase of this. It wasn't included on the original bid, but we're going to run the water line from the well to the groundwater storage over there. But in the process since we were able to save so much money on this part of it, we're going to go ahead and have those pumps looked at as well and get uh get all that included. So, and Jeff's Jeff and I have already talked about this and uh they're in the process working on that. And and so just a brief update if y'all don't mind me taking just a second or two. We're kind of splitting this up into um uh four different bid packages. And we do that as a way to save y'all money cuz if you try to bid this to one general contractor, they're going to go and get subs that specializes in the water line and specializes in the the work of replacing the pumps for the site improvements around this new well that can vary from 15 to 18% of just markup. So we're going to go ahead and bypass

that markup, have individual bid packages for each phase of that work and and hopefully the city can reap those benefits of saving money. And Jeff, do you mind telling a little bit there was two other addendums in this well that we chose to go ahead and do in this process? Uh, sure. Yes, absolutely. So, um, we we structure our bid packages um various ways for different reasons. And so, one of the things we did with this particular well is we had some alternate bid items. Um, and uh, fortunately, y'all got such great pricing, we we fully support awarding these alternates. Uh one is in fact actually drilling the well diameter a little larger. Uh and the reason is is uh we have seen through the years a well that's maybe 20 years old, 25 years old develop some issues with the casing. It's it's kind of far and few between. But when it does happen, you have to slip line essentially that old well casing. Well, what that does is make you go with a smaller diameter. Well, you lose capacity. So we had an alternate bid item to go ahead and drill the well a little bit larger. So if that ever does occur somewhere years down the road after we're kind of loan and gone, you could slip line this well and still not reduce capacity. So that was a plus. Um uh one of the other alternate bid items that we did have was the construction of a temporary uh soundwall barrier to put the residential homes right next to this um this site because once they start the drilling and and well development process, it's a 24-hour process. And so um so yeah, so they will just come in temporarily, build up a sound wall, uh have that during the construction and development of the well, and then they'll actually remove that. So it is temporary in nature. So um but yes, with all these these extra alternate items, uh you know, steel yielded really good pricing. So I just I would be remiss if I didn't ask this. I trust you. Sure. And trust Mr. Woods. Um why Senior

Incorporated? I understand there were a low bidder. Um, is this somebody that you worked with before? Someone that you know that's Yes, sir. I've I've worked with all three of these well drillers in the past. Um, okay. Um, yes, I' I've been in the this business for about 25 years. Um, and um over the last several years actually uh started my own firm in Bulmont and so u we have done many well drillers. I've worked with Los Angeles JMS wells um and als Houston water well drillers that this is what they specialize in. So uh I have I would have no issue awarding this to any three of these groups. What what is from the date of award right to we get all the contracts we execute contracts what are they saying is is this 210 day working days that that is a working day contract. So our next step we'll go ahead and issue a letter to to the contractor assuming y'all award this y'all's next step um we'll wait to get their performance and payment bonds and insurance certificates maybe several weeks you know they all vary on how fast they get those to us. They will have a pre-construction meeting here at um at city hall um where those contracts will be executed. Uh their notice to proceed, let's just assume a month and a half from now, month to month and a half them actually starting that 210 working days is turnkey is what they're estimating this to take. Now we have seen a lot of projects where they're they're covering themselves a little bit with their time, right? They don't want to get into a liquidated damages situation, but you know, could they complete this in 190 180 170? is possible assuming we do get good weather and those sort of things. Um and so I left my phone back there on my seat. 210 working days divide that by roughly 20 to 21 working days a month kind of tells you month how long this process is. So I guess that's probably

doing the math in my head about 10 or 11 months roughly if I'm so probably the first of the year. probably the first of the year. And in that time, we're going to go and have the water line constructed with the the pumps, as uh Mr. Woods was just um alluding to, uh have all those checked out. And if if a pump does need to get replaced, have that done. And so, what we expect to happen is by the time this well comes online, everything starts coming together kind of right there at the end. So, we'll be ready to crank this well on, start filling up the Clayton tank and pushing that water into the system. Okay. Is there anything in place if they don't get this done in the 210 days? So, yes, ma'am. So, in the construction contract that that uh they will sign, we have in there that uh y'all do have the right if y'all choose to assess it um a liquidated damages of $500 a day. Um I've only had two contracts in 25 years to where I've ran into that with um a city or water district or county. Um, you know, if a contractor is just not performing, if they're just not staffing the job, if they're not doing the work, we could find ourselves there. I do not expect that we will be in a situation with this group, though. But it is $500 a day. This is also the same Rosewood. Well, also this company, the uh W Singer. Yes, sir. One more question for the mayor in the back. You feel good about this? All right. If there's no other questions, can I get a motion on item 9 C? I move that we approve the possible action of resolution number R2025-23 the bid for the Clayton Whale project and authorizing the city man city manager to negotiate and the mayor to execute a contract with Yena Incorporated for the water road project. Thank you. And Councilman Barnes, can we just add to it to make sure that it

includes the alternates that he mentioned just that is in the price or never mind. Then we're good to go. I just want to make sure we have that. All right. I have a motion to approve with a second. All in favor say I. I. All opposed. Okay. 9C passes. Congratulations everybody. We're getting a water well. You have no idea how happy this makes me. Um consider with possible action on resolution number R2025-16 adopting a policy that adheres to section 4 new member application review of the rules of procedure as adopted by the zoning board of adjustment. This particular item is basically uh to continue the conversation from the public um comment period. This is the rules and procedures that have been adopted by the board of adjustment. The board of adjustment uh as stated before does receive appointments from city council. The board of the board did pass a clause or um a paragraph that states that they wanted to complete continue separation and independence from city council by not allowing family members to be uh appointed to the board. As you know, we receive applications for public appointment um to the boards and then we bring that to city council. So, the board has elected to review those applications first and then make a recommendation to you all. Um what this uh resolution would do is basically um allow you all to police yourselves to say that you're in agreeance with keeping that independence and that separation and that you all will um essentially respect that clause that they've adopted for themselves um because you all have the authority to appoint board members. So um with that that's that's pretty much the

presentation. You can see the language specifically. I believe it's section four of the of the board of adjustment rules um memberships. So, uh that's what we'll be asking you all to continue with. Before we get too far and I'd like to add something to this, okay, looking at these applications and then looking at past, I think we need to go a little bit further than just that. There's an awful lot of real estate people being put on this board and I think that can cause a lot of damage too, especially if they come together and there's a big development and they start figuring out how to get land sold or whatever. I really ask that council take a look and address that unit that cost putting this off. But we need to look at it to where if you're going to keep husbands and wives or kin folk from being on the board, then we need to keep something that powerful also for being on there because one that could gain from it. two that can make persuasion because they're in a particular position to do that. So that's just my thoughts. So one thing I would just uh jump in here is as a reminder and it does say it in their bylaws or their proposed not bylaws but proposed rules is it makes it clear frankly these are recommendations by this board. Council gets to make the decisions, right? You guys are the ones that get to pick. So, these are their internal rules that they're adopting and that they're asking you guys to also look at. Realistically, when uh the board of adjustments was created, if you all recall, uh each council member plus the mayor plus the city manager made an appointment to it, right? And so, it's it's treated differently than every other board that we have, period. Because there's no other board that we do appointments like that. Um and that's allowed by state law. And so really what this is asking for is and and so that wouldn't change. So moving forward if you know a year from now when it comes time or whenever the appointments are up

you guys as the council will be the ones reappointing or replacing those people that are on that board. And so it would be up to you guys to decide and say hey I'm this this is the person I want to choose to put on there. Now, what they're asking is that a you, you know, kick it to them and let them look at the names beforehand. Um, but they can look at them and make recommendations and you can accept them or not, frankly. Right. You can do what you want with you're saying if we did appoint one of our husbands or wives or whoever, we could do it if we wanted to even though their little bylaws say you can't. That's right. That's exactly right. Yes. Okay. Um now there what by you adopting this you're saying yeah we're going to try you know we agree to follow this but ultimately this is their bylaws not your bylaws for this right and so self-governance. Yeah. And so, and again, just as a little reminder too for everyone, the board of adjustment is it's a different animal than all of our other boards in the sense that it's a quasi judicial board, which basically it's a court, right? It is its own court. They hear variances and that's really what they hear. And the law is very specific of what they can and can't approve and reasons for why they can and can't approve things. And as Taylor mentioned earlier, whatever they vote on, unlike PNZ, it doesn't come to you. If somebody doesn't like the way that they vote, it gets appealed to district court. And so it goes completely outside of the council. And so that's where I believe their thought process was of trying to make sure and have some protections on on nepotism was to uh keep them just to to make sure and keep it separate between council and that board for the for that purpose. And they also have in there that it can't be a relative of their own. So you can't have two relatives of the BOA either. And

then they also put in there and again these are their recommendations to you guys. They also put in there that um if somebody if one of their relatives if you're on the board and your let's just say your spouse runs for council and gets elected then they believe that the person on the BOA should be removed because you now have a uh conflict of interest in their from their opinion but ultimately that would be council to make that call and truthfully to remove a BOA member you have to have good cause you have to have an actual hearing being involved. It's It's a lot different than removing from any other board that we have to. And again, that's all statutory is how that is set out. I agree. I think that's why it's very important persons we choose understand their role in making the decision because it's like you said, it doesn't come back to us to make a decision whether or not a land is change of use. You have to fight it in district court and we're not going to be part of that. So, it's really important and I say we don't need any kind of conflict of interest. I understand more clearly about someone not having their wife or having removed which comes from personal, but it is one of those things. Again, I would hope that y'all would look at it and with the with the nature of this board, John, I would actually probably take it a step further and say that we should not have anyone on this board that is not either in the EPJ or in the city limits. This is this is making these guys are making fundamental decisions outside of the council that can go to district court. They need to be drinking the Kool-Aid that we're that we're all drinking. Well, but if they're having these conversations, then these are the they're thinking the same thing, right? They're they're on the same page as us. They don't want the appearance of a conflict of interest or stack in the deck because if they think that they should be removed, they can remove

themselves. Correct. Well, yes, there is an option for a member to voluntarily remove. But in the event that he or she does not, then I'll be before you to ask for removal. Got it. Do we have do we have anybody right now that is meeting that qualification? No, sir. Okay. And they have had like a couple of meetings even talking about this, right Chris? I just I wanted to be clear to council, but they they have taken it very seriously. Just Daniel's the one who's been going to those, he he and Chris, but it sounds like they have put a lot of time into those discussions. Yeah, the documents been vetted. Um they we submitted a draft report to them or draft rules and procedures. They added different sections that they wanted. We took it back and we brought it back to them. They agreed to the language that you see in front of you. Do we need to vote on this tonight or can we table it to give us time to digest all the changes? You you can table it causing me to think. Frankly, nobody's getting appointed or renewed for a while anyway. Yeah. Realistically, right? And that's what a big part of this is. You know, if you wanted to table this, and the reason I say that is nobody's term is up like this month or next month. I think there was a discussion about some people not coming to the meeting. Is that something that planning is on yet? Well, that's planning is on comm different. Yeah. And this is the one, this is the board, too, that again by state law for them to even vote on anything. It takes six out of the seven. That's correct. To vote to approve something. And so it's the state has made it very difficult to approve a variance. And so you have to have it. It's not a 43 or anything like that that gets it approved. It it has to be 75% of the board. So I think that would be six, right? How many on boards? Seven. Seven. You know, there's four with the current right now that will be on there would be

real estate that want to be on it. Yeah. Oh, well no, different board. Yeah, we talked about planning and zoning commission cuz planning and zoning commission is the recommending board that brings that sends items your way. Um, but BLA is the one that operates independently. We just need to make sure we have this wrapped up before the end of summer because September one is when we need to when these new appointments will be up, right, Chris? Yeah. Yeah. I think that I think that it might be a good idea to just bring it back in June. Give us everything in here, right? No, we cuz John has already made some recommendations while we change it. Ultimately, the recommendations we can do anyways. That's right. So there's no to me there's no real reason to prolong that cuz ultimately the decision comes back to us not to me personally. I hope we can go ahead and move forward with it. All right. Can I get a motion on 9D? I move that we approve resolution R 2025-16 adopting a policy that aderes to section 4 new member application review the rules of procedure as adopted by the zoning board of adjustment. Second. I have a motion to approve with a second. All in favor say I. All right. All opposed. 9D passes. 9E. Consider with possible action on ordinance number 02025-11 amending article 1100 cross connection control and backflow prevention [Music] program. So, I drew the short straw and Murphy came and told me I'm doing this one. So, if you have any technical questions about backflow preventers, we're dragging Murphy up here. Uh but what this ordinance does is um it revises we already have an ordinance on backflow preventers and cross connections and really what that does is it try it keeps water from going upstream right back into our system.

That's kind of the purpose of it simplified. And so what we're changing here is currently every backflow pre in the city has to be tested annually and um that would go for commercial and for residential irrigation just because that's how our ordinance currently reads. Um if that's what our ordinance says and we're not doing it, we can get deemed from TCQ for not having those tests done. And so what we're proposing is this amendment. And really the only change to it is making it so that non-hazardous residential irrigation backflow preventers do not have to be tested annually. They would have to be tested when they're installed. Um and then if they'd made any change to it, substantial change, then they would have to be inspected again. or say if somebody went and put something in where it was going to do like a what you call it a chemical a chemical feed that would have to be tested annually because it would no longer be non-hazardous. But under this proposed ordinance, it just makes it so that if you're a homeowner and you put an irrigation system in, you have to have a backflow pre. It has to be inspected when you put it in, but you don't have to pay somebody to come out every year and reinspect it and file that with the city. And the state's okay with that? Yes, sir. And after looking at most a lot of cities that we've looked at, this is what they have as well. Yeah. Okay. Uh if there's no questions, can I get a motion on item 9E? I'll move that we approve ordinance number O2025-11 amending article 11.100 cross connection control and backflow prevention program. Second. Okay. I have a motion to approve with a

second. All in favor say I. All oppose. 90 passes. It is now 6:53 p.m. and I hereby recess this exe uh recess to executive uh meeting. [Music]

All right, it is now uh 7:53 and I hereby reconvene our normal city council meeting. Uh, moving into action item 11A, consider with possible action on resolution number R2025-14 regarding appointments to the planning and zoning commission. Uh, I move that we appoint Charlie Whitehead, Candy Rook, Caesar Gimenez, and Jacqueline Payne to the Planning and Zoning Commission. And that's resolution R2025-14. Second. Okay. I have a motion to approve uh with a second. All in favor say I. I. All opposed. 11 A passes. 11B. Consider with possible action resolution number R 2025-21 regarding the amendment of the Dayton Enhancement Committee bylaws. So this one is Oh, Tammy's here. Sorry. Tammy's got it. She's going to take this one. Mayor and Council, thank you. So, in order for us to comply with the Keep Texas Beautiful program standards, uh, we have to have a treasurer. Currently, our bylaws state that we have a chairperson, a vice chairperson, and a recording secretary, but we did not have the treasurer. So, that was something that we needed to add to the bylaw. So, that's the amendment that you see before you. Um, when we when we are, do we appoint to that? are they? So, what what happens uh once we appoint our new members? We have our new um we have three members that left.

So, we have three new members that we're recommending uh to replace those three. Uh once we get our new members, then we will um figure out who our treasurer is going to be. But we do have our chairperson, vice chairperson, and recording secretary. Okay. So, there won't be an addition to the three that you're you'll just Yeah. It'll be one of the ones that we Okay. Uh, if anybody didn't have any questions, can I get a motion? Make a motion to approve resolution RO2 2025-21 regarding the amendment to the DEC bylaw. Second. Okay, I have a motion to approve with a second. All in favor say I. I. All opposed. 11B passes. 11 C. consider with possible action on resolution number R2025-24 regarding the appointment of the new Dayton uh Dayton enhancement committee members. So, the new members that we recommended were Jimmy Cullers, owner of Bear Plumbing, Caitlyn Vancampen, owner of Total Graphics, and um Marilyn Kitrol, owner broker of MK Properties. All our Dayton residents, uh business owners. Uh very excited to be part of the committee. We did um reach out to the community to receive applications. We only received one other application than those three and the committee felt like um that person probably wasn't the best fit. So we recommended the three that you see before you. Which one was that? Janette Frick. Okay. If there's no other questions, can I get a motion on 11C? I move that we approve resolution R 2025-24 regarding the appointment of Caitlyn Vancampen, Marilyn Kitrol, and Jimmy Cullers to the Dayton Enhancement Committee. Second. Second. Okay, I have a motion to approve with a second. All in favor say I. I.

All opposed. 11 C passes. 11D. consider with possible action on ordinance number 02025-10 authorizing the vacating and abandonment of pro of approximately 0.0151 0151 of an acre approximately 658 square ft of an improved rideway decipher uh therein and providing for an effective date. I move that we approve ordinance 02025-10 authorize the abandonment of a property of approximately 0.0151 of an acre approximately 658 square feet of an improved rightway described herein and providing for an effective date. Second. Okay. I have a motion to approve with a second. All in favor say I. I. All opposed. 11. Mr. Mayor, I don't oppose, but I abstain from the vote. Okay. Okay. We have one abstain. All right. Um item 11E, consider with possible action on resolution number R2025-22 authorizing the mayor to sign a quite team uh deed uh conveying the city's interest in pro in approximately 0.0151 of an acre approximately 658 ft described herein to the changing lifestyles fellowship. I move that we approve resolution number [Music] R2025-22 as presented. Wrong one. Go ahead. Sorry. Second. Okay. I have a motion to approve with a second. All in favor say I. All opposed. 11 E passes. Uh can I get a motion to adjurnn? Motion to adjurnn. We are adjourned. Yeah. Yeah. Yeah. I was standing from the wrong one.