[1. CALL TO ORDER.] [00:00:03] GOOD EVENING AND WELCOME TO THE REGULARLY SCHEDULED FEBRUARY 3RD, 2026 NACOGDOCHES CITY COUNCIL MEETING. KATHLEEN, WOULD YOU LEAD US IN PRAYER, PLEASE? DEAR LORD, YOU NOT ONLY DESIRE TRUTH AND LOVE, YOU ARE TRUTH AND LOVE. PLEASE SHED YOUR LIGHT ON ALL WE DO. THE VERY LIGHT THAT SHINES IN THE DARKNESS. THE LIGHT THAT CANNOT BE OVERCOME. I COME TO YOU TODAY ASKING THREE THINGS. FIRST, BLESS US AND ALL THE PEOPLE WE SERVE. SECOND, HELP US TO SEE IN YOUR LIGHT. HELP US TO SEE THE TRUTH. AND THIRD, FINALLY, HELP US TO ACT IN TRUTH, IN LOVE. HELP US TO BE WISE. WE HUMBLY ASK ALL OF THESE THINGS IN THE NAME OF THE FATHER AND THE SON AND THE HOLY SPIRIT. AMEN. AMEN. GO STAND FOR THE PLEDGES, PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS. ONE STATE, UNDER GOD, ONE AND INDIVISIBLE. [3. OPEN FORUM.] NEXT ITEM ON THE AGENDA IS OPEN FORUM. AND WE HAVE ONE, MISS CARTWRIGHT. HI. I JUST WANTED TO ASK WHY THE CITY IS LEASING PUBLIC PARKING SPACES TO A PRIVATE PROPERTY OWNER WITHOUT ANY PUBLIC DISCUSSION. THE PUBLIC SPACES I'M SPEAKING OF WERE IN THE ENCROACHMENT AGREEMENT FROM ITEM SIX E IN THE JANUARY 20TH MEETING. AND I KNOW THEY WERE CONSIDERED PUBLIC PARKING BECAUSE OF A DISCUSSION I HAD WITH A BUSINESS OWNER NEAR THERE, AND SHE HAD EMAILED THE PLANNING AND ZONING COMMITTEE OR DEPARTMENT LAST YEAR TO ASK ABOUT THOSE SPOTS. AND SHE RECEIVED AN EMAIL BACK THAT SAID, AND I QUOTE, IT HAS BEEN DETERMINED THAT THESE SPACES, AS SHOWN IN THE IMAGE BELOW, ARE LOCATED WITHIN THE PUBLIC RIGHT OF WAY AND ARE NOT SITUATED ON PRIVATE PROPERTY, WITH PARKING IN THIS AREA BEING A BIG DISCUSSION LAST YEAR, AND THE FACT THAT YOU HAVE BUSINESSES NEARBY THERE THAT USE THAT PUBLIC PARKING SPACE. IT SEEMS KIND OF MURKY AND NOT VERY TRANSPARENT THAT THERE WASN'T A PUBLIC DISCUSSION ABOUT IT, AND I'M KIND OF DISAPPOINTED THAT IT WASN'T, AT LEAST AT THE VERY LEAST, EXPLAINED IT VERY CLEARLY IN THE ITEM WHEN THE ENCROACHMENT AGREEMENT WAS BROUGHT TO COUNCIL. SO I JUST, I GUYS, WE GOT TO DO BETTER ABOUT DISCUSSING THESE KIND OF THINGS WHEN WE KNOW THEY'RE A PROBLEM. WE, WE HAVE PEOPLE WHO HAVE BUSINESSES THERE THAT DEPEND ON PUBLIC SPACES. THEY HAVE REGULARLY FULL SPACES THAT THEY RENT AND WE JUST TOOK AWAY THREE AND THOSE WERE OUR LIKE AS A PUBLIC, THOSE WERE OUR SPACES AND THERE WAS NO DISCUSSION ABOUT IT. SO ANYWAY, I THINK THAT THERE SHOULD HAVE BEEN, AND I HOPE THAT YOU CONSIDER DOING A LITTLE BIT BETTER NEXT TIME. THANKS. THANK YOU, MISS CARTWRIGHT. NEXT ITEM TO BE REMOVED FROM THE CONSENT AGENDA. [5. CONSENT AGENDA] IF ANY. I'LL MAKE THE MOTION THAT WE APPROVE THE CONSENT AGENDA. SECOND. BRAD. SECOND. ALL IN FAVOR? I, I. WE HEAR YOU, CHAD. ARI. THAT IS LOUD AND CLEAR. WE HAVE A MOTION TO SECOND. ALL IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY. OKAY, NOW WE'LL GET TO THE REGULAR AGENDA. [6.A. Receive the 2025 Racial Profiling Report. (Chief of Police)] ITEM SIX A RECEIVED THE 2025 RACIAL PROFILING REPORT. KEITH WILLIAMS. GOOD EVENING. SCOTT WILLIAMS, CHIEF OF POLICE. OKAY, I WANT TO GO OVER THE RACIAL PROFILING FOR 2025. AND I'M GOING TO THERE'S 37 SLIDES. [00:05:01] I DID THAT BECAUSE I HAD TO COPY THE, THE ONES FROM THE STATE THAT I SENT. SO I'LL GO OVER SOME OF THE KEY TOPICS AND IF YOU HAVE QUESTIONS AS WE GO, PLEASE ASK. SO. SO BASICALLY WE HAD A GRAND TOTAL OF 10,867 STOPS FOR 2025. AND OUT OF THAT 804 WERE KNOWN. THE RACE WAS KNOWN TO THE OFFICER. SO THAT LET ME LOOK AT THAT. THAT'S ABOUT 7% OF THE STOPS OF KNOWN OFFENDERS. THE RACE OF THE KNOWN OFFENDERS. WE HAD THE BASICALLY WERE RIGHT ONLINE WITH, WITH THE 36% BLACK STOPS, 39.74% WHITE AND THEN HISPANIC ARE 22.57 AND THE REST ARE KIND OF NOMINAL. SO WE WENT TO THE REASON FOR THE STOP. SO A MOVING TRAFFIC VIOLATION THAT'S BASICALLY SPEEDING, RUNNING RED LIGHTS, STOP SIGNS, UNSAFE LANE CHANGE, FAILURE TO YIELD, ETC.. AND SO FOR THAT VIOLATION, YOU CAN SEE WE STOPPED 40% WHITE, 35, ALMOST 36% BLACK AND 22% HISPANIC. AND THE OTHERS ARE NOMINAL. THE REASON FOR THE STOP BEING PREEXISTING KNOWLEDGE. SO PRE PREEXISTING KNOWLEDGE IS THAT A KNOWN PERSON ON THE STOP, THE OFFICER KNEW THE PERSON ON THE STOP. THEY WERE EITHER HAVE KNOWN TO HAVE A WARRANT, NO DL, NO INSURANCE. ONCE YOU START STOPPING THE SAME PEOPLE OVER AND OVER, THEN YOU'LL COME TO REALIZE THAT THEY THEY EITHER HAVE WARRANTS. YOU RECOGNIZE THEM THROUGH THE THE SYSTEM AS THEY HAVE WARRANTS OR THEY, YOU KNOW, THEY DON'T HAVE A DL, THEY HAVEN'T HAD ENOUGH TIME TO GET A DL, THEY'RE STILL DRIVING OR THEY DON'T HAVE INSURANCE. SO THAT'S BASICALLY TO MAKE THE STREETS SAFE. SO WHEN YOU GET IN A HIT AND RUN AND THEY DON'T HAVE INSURANCE, THE, THE, THE LIABILITY FALLS BACK ON YOU. SO THAT'S PREEXISTING KNOWLEDGE. AGAIN, THAT WAS A SMALL NUMBER. THAT'S 40 51%, ALMOST 52% BLACK ABOUT 25% HISPANIC AND 23% WHITE. VEHICLE TRAFFIC VIOLATION. SO THAT'S DIFFERENT FROM MOVING TRAFFIC VIOLATION. THAT IS DEFECTIVE EQUIPMENT, EXPIRED REGISTRATION, DRIVING WITHOUT A LICENSE. SO THAT'S BASICALLY YOUR THAT'S VERY MINIMAL ON, ON STOPS. I THINK WE HAD 2700 OUT OF IT. 37% BLACK, 22, ALMOST 23% HISPANIC AND A LITTLE OVER 38% WHITE. AND THEN WE GO TO VIOLATION OF LAW. THAT'S GOING TO BE YOUR PENAL CODE. YOU GOT DWI, YOUR RACING, YOUR HIT AND RUNS, ETCETERA. SO AGAIN, THAT'S 839 AND WE HAVE 37% BLACK, 22.5% HISPANIC, AND A LITTLE OVER 39% WHITE. SO HERE'S WHERE WE GET TO THE SEARCHING PART OF IT. SO OUT OF ALL THE STOPS, WE SEARCHED 1180 CARS. SO THAT IS THAT'S BASICALLY 11%, RIGHT UP UNDER 11% OF ALL STOPS WE SEARCHED. THAT MEANS 89% WERE NOT SEARCHED. SO WITH THAT BEING SAID, ALMOST 59% BLACK, A LITTLE OVER 16% HISPANIC, AND THEN ALMOST 24% WHITE. THE REASON FOR SEARCH WE GO TO CONSENT. SO 24% OF THE THE STOPS OUT OF THE 1180 GAVE CONSENT TO SEARCH. AND AS YOU CAN SEE, THE NUMBERS OF THE 24%. SO THAT MEANS THAT WE'VE ASKED FOR CONSENT. THEY'VE GIVEN US CONSENT TO SEARCH AND WE FOLLOW THROUGH WITH IT. ALRIGHT. WE HAVE A LITTLE OVER 1% HAD CONTRABAND IN PLAIN VIEW. THAT MEANS IT'S EITHER IT'S RIGHT THERE IN FRONT OF THE OFFICER WHEN HE STEPS TO THE WINDOW. YOU CAN SEE THERE'S NOT BUT 18. SO THERE'S VERY FEW THAT DON'T HIDE THEIR DOPE, BASICALLY. AND THEN WE GO TO INCIDENT TO ARREST. SO THAT IS AFTER WE MAKE AN ARREST, WE GOT APPROXIMATELY ABOUT THREE PLUS PERCENT THAT WE FOUND. WE SEARCHED AFTERWARDS AND FOUND CONTRABAND. AND THEN INVENTORY. WE'LL INVENTORY A CAR AND A LITTLE OVER 5% WAS DURING INVENTORY, [00:10:01] WHICH COMES OUT TO 69. SO YOU CAN SEE IT'S KIND OF ABOUT THE SAME 33% BLACK, 30% HISPANIC, 36% WHITE. AND IMPROBABLE, CAUSE THAT'S YOUR HEAVIEST ONE. THAT'S WHEN WE WALK UP. WE SEE IT, WE SMELL IT. WE, WE FEEL LIKE THERE'S SOMETHING ILLEGAL, SOME KIND OF CONTRABAND IN THE CAR. AND WE HAVE PROBABLE CAUSE. WE'VE ESTABLISHED PROBABLE CAUSE. SO THAT'S OVER 65% OF THE STOPS OF THE SEARCHES ARE BECAUSE OF PROBABLE CAUSE. AND I KNOW WE HAD THIS DISCUSSION LAST YEAR ABOUT PROBABLE CAUSE AND WHAT THAT IS. IT'S JUST LIKE I SAID, WHEN WE WALK UP, SEE IT, SMELL IT, OR OTHER WAYS TO IDENTIFY THAT THEY HAVE CONTRABAND. SO THAT BEING SAID WAS IT DISCOVERED? YES. WE GOT 596 DISCOVERED. THAT'S ABOUT 50% OF THE SEARCHES. WE DISCOVERED CONTRABAND. THE OTHER 50% WAS WE DIDN'T. AND OUT OF THAT, WE GOT ALCOHOL, CURRENCY, DRUGS, WHICH ON THE DRUGS THAT THAT WAS 76% OF THE CONTRABAND FOUND WAS DRUGS. NONE OTHER STOLEN PROPERTY, ALL MINIMAL. AND THEN WEAPONS, WEAPONS. I WENT AHEAD AND WROTE THAT DOWN. THAT'S 7% WEAPONS. WHEN WE, WHEN WE COME ACROSS A WEAPON THAT MAKES THE, THE TRAFFIC STOP HIGH RISK. SO WANTED TO GO AHEAD AND INCLUDE THAT. AND A RESULT OF THE STOPS. I CAN'T SEE THAT NUMBER. BUT BECAUSE OF THAT. OH, I SEE IT DOWN HERE. IT'S 312. SO 312 RESULTED IN A REST. THAT WOULD BE 51% BLACK, 20, ALMOST 22% HISPANIC AND ALMOST 26% WHITE. AND THEN THE OTHER TWO ARE NOMINAL CITATION. WE HAD 1773 TOTAL ACROSS THE BOARD, 708 WHITE FOR 77 HISPANIC AND 569 BLACK. AND THEN A CITATION AND ARREST OR A CITATION AND ARREST IS WE GIVE A CITATION FOR THE TRAFFIC VIOLATION. AND THEN SOMETHING LED US TO ARREST, SUCH AS A WARRANT OR CONTRABAND OR SOME OTHER ISSUE AND THEN A VERBAL WARNING. WE TURNS OUT WE'VE GIVEN MORE VERBAL WARNINGS THAN ANYTHING. SO ALMOST 78 JUST AT 7800. SO THAT WOULD BREAK DOWN. BASICALLY, BLACK AND WHITE ARE ABOUT THE SAME. MINUS ABOUT 350. LOOKS LIKE NO, MINUS LESS THAN 100. AND THEN 22% WERE HISPANIC. AND THEN WRITTEN WARNINGS 960 FOR WRITTEN WARNINGS. AND THEN A WRITTEN WARNING AND THE REST JUST LIKE A CITATION. IT'S A WRITTEN WARNING. PLUS THE ARREST WAS ESTABLISHED FROM SOMETHING ELSE. AND AN OUTSTANDING WARRANT. 49 OF THEM HAD OUTSTANDING WARRANTS AND THEN ARREST BASED ON TRAFFIC LAW. THAT'S 272 OF WHAT I JUST READ YOU ABOUT TRAFFIC LAW. AND THEN THE PENAL CODE, WHICH WOULD BE THE VIOLATION OF LAW 14. AND FORCE USED. WE HAD ONE. SO THAT WAS THAT WAS PRETTY GOOD FOR TRAFFIC STOPS. YOU HAVE ONE FORCE USED AND NEITHER ONE WERE HURT. THE OFFICER OR THE THE OFFENDER. SO. SO I'M GOING TO OPEN IT UP FOR QUESTIONS. ANYBODY HAVE ANY QUESTIONS? DISCUSSION. THANK YOU. THANK YOU SCOTT. OKAY. I JUST WANT TO CALL JUST ATTENTION TO THAT. I WAS REALLY IMPRESSED. SEVERAL YEARS AGO BY THE FIGURE THAT FOR ONLY 7% IS THE RACE KNOWN BEFORE THE STOP. RIGHT. AND PEOPLE ASSUME THAT WE KNOW A LOT MORE THAN WE KNOW AHEAD OF TIME. RIGHT? AND I REMEMBER I THINK IT WAS COUNCIL MEMBER BOLTON AT THE TIME TALKING ABOUT RIDING WITH YOU ALL AND YOU CAN'T SEE IN THE CAR. HE WAS IN THE CITIZENS POLICE ACADEMY, RIGHT? AND I WOULD ENCOURAGE EVERYBODY TO GO TO THE CITIZENS POLICE ACADEMY. WE HAVE A FRIEND IN IT RIGHT NOW SITTING RIGHT BESIDE YOU. THERE YOU GO. I'VE DONE IT. YEAH. SO THAT'S I JUST WANTED TO CALL PEOPLE'S ATTENTION TO THAT. WELL. THANK YOU. I DON'T HAVE ANY QUESTIONS. THAT'S WHY I DID GET IN. THE CITIZENS POLICE ACADEMY FROM LISTENING TO LAST YEAR'S REPORT. [00:15:06] AND I JUST WANTED TO VERIFY THAT I WAS GETTING SOME NUMBERS. THAT COINCIDED WITH WHAT WE'RE GETTING RIGHT AS A REPORT WHEN YOU COME BEFORE THE COUNCIL. WELL, WE'RE GLAD TO HAVE YOU. THANK YOU. AND WE HOPE WE CAN DO JUST THAT. ALRIGHT. ALRIGHT. THANK YOU ALL. THANK YOU, CHIEF WAYNE. OKAY. NEXT ITEM ON THE AGENDA IS CONSIDER APPROVAL OF AN ORDINANCE OF THE CITY OF [6.B. Consider approval of an Ordinance of the City of Nacogdoches, Texas, Amending Chapter 102—"Traffic and Vehicles", Article X—"Tow Truck and Vehicle Storage Business Regulations", of the Code of Ordinances of the City of Nacogdoches, Texas; providing a severability clause; providing a continuation clause; providing a repeal clause; and providing an effective date. (City Attorney)] NACOGDOCHES, TEXAS AMENDING CHAPTER 102 TRAFFIC AND VEHICLES ARTICLE TEN TOW TRUCK AND VEHICLE STORAGE BUSINESS REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF NACOGDOCHES, TEXAS. PROVIDING A SEVERABILITY CLAUSE. PROVIDING A CONTINUATION CLAUSE, PROVIDING A REPEAL CLAUSE, AND PROVIDING AN EFFECTIVE DATE. MR. BAKER. MR. MAYOR, MEMBERS OF THE COUNCIL. JERRY BAKER, CITY ATTORNEY. WHAT YOU HAVE HERE BEFORE YOU IS A PROPOSED AMENDMENT TO THE CODE OF ORDINANCES SPECIFICALLY RELATED OR SPECIFICALLY FOUND UNDER CHAPTER 102 RELATED TO TOW TRUCKS AND TOW TRUCK OPERATIONS HERE IN THE CITY OF NACOGDOCHES. THE CURRENT TOWING INDUSTRY, I GUESS, IN THE STATE OF TEXAS IS YOU FIND THOSE REGULATIONS UNDER THE TEXAS OCCUPATIONS CODE SPECIFICALLY CHAPTER 2308, WHICH PROVIDES THE REGULATION AND GUIDELINES FOR THE INDUSTRY. AND IT'S REGULATED THROUGH THE TEXAS DEPARTMENT OF LICENSING REGULATIONS. TDLR. THEY IMPOSE CERTAIN REQUIREMENTS FOR EVERYONE WHO SEEKS TO OPERATE A TOW TRUCK IN THE STATE. AND AND UNDER OUR OUR, I'LL POINT OUT THIS, THAT OUR CODE OF ORDINANCES ARE BASED ON THE AUTHORITY GRANTED UNDER THE OCCUPATIONS CODE, SPECIFICALLY TEXAS OCCUPATIONS CODE, SECTION 2308 DASH OR 0.201, WHICH PERMITS LOCAL REGULATION OF TOW TRUCK OPERATIONS AND MUNICIPALITIES. HOWEVER, I'LL GET TO THAT, HOWEVER, IN JUST A SECOND. SO AS, AS I MENTIONED AT THE BEGINNING, OUR, OUR CURRENT REGULATIONS ARE FOUND UNDER CHAPTER 102 OF THE CODE OF ORDINANCES. AND IN THAT IT GENERALLY REQUIRES A PERMIT, A FEE AND HAS ANNUAL INSPECTIONS THAT OUR POLICE DEPARTMENT PERFORMS FOR ANYONE WHO WISHES TO OPERATE A TOW TRUCK HERE IN THE CITY OUR CURRENT ORDINANCE IMPOSES STRICTER LIMITS ON THE FEES THAT CAN BE CHARGED FOR NON-CONSENT. TOES. THEN YOU WILL FIND UNDER THE TDLR. SO JUST KEEP THAT IN MIND AS WE GO FORWARD. SO HERE'S THE. HOWEVER. SO AS YOU MAY RECALL, BACK IN THE 88TH LEGISLATIVE SESSION BILL WAS PASSED. SO THAT'S BEEN GIVEN THE MONIKER OF THE DEATH STAR BILL AND IT'S OFFICIALLY CALLED THE TEXAS REGULATORY CONSISTENCY ACT. AND IN THAT BILL, THERE'S SOMETHING THAT'S REFERRED TO AS FIELD PREEMPTION. AND WHAT THE LEGISLATURE DECIDED TO DO WAS THAT FOR CERTAIN ORDINANCES IN THE STATE, INCLUDING THE OCCUPATIONS CODE, THEY WANTED TO CREATE WHAT THEY DEEMED REGULATORY UNIFORMITY AND TO PREVENT THE ENFORCEMENT OF LOCAL LAWS THAT COULD POTENTIALLY CONFLICT WITH WHAT WE HAVE FOR THE STATE. AS YOU MAY RECALL, AS SOON AS THAT BILL WAS SIGNED INTO LAW, IT WAS CHALLENGED BY THE CITY OF HOUSTON AND AMONG OTHERS. AND IN FACT, THE, THE DISTRICT COURT IN AUSTIN STRUCK DOWN THE LAW AT THAT TIME SAYING IT WAS UNCONSTITUTIONAL. HOWEVER THIS PAST JULY, JULY 2025, THE THIRD COURT OF APPEALS OUT OF AUSTIN OVERTURNED THAT DISTRICT COURT'S RULING. AND SO THE THE, THE BILL OR THE, THE, THE ACT HAS BEEN REINSTITUTED AND IS CURRENT LAW AS WE HAVE IT. YOU MAY RECALL THAT WE HAD THESE DISCUSSIONS, I GUESS, BACK THIS PAST LEGISLATIVE SESSION. THERE WERE, THERE WAS ADDITIONAL ORDINANCES THAT THEY WERE, THE LEGISLATURE WAS CONSIDERING TRYING TO INCLUDE, INCLUDING THE PENAL CODE AND OTHER PARTS OF THE TRANSPORTATION CODE, BUT THAT DID NOT GO GO, I GUESS PAST THE COMMITTEE'S IN ANY CASE, WHAT WE HAVE NOW IS THE ACT IS IN PLACE. AND ONE OF THE CODES THAT IS SPECIFICALLY STATED IN THE ACT THAT HAS THIS FIELD, PREEMPTION IS THE OCCUPATIONS CODE. AND SO SINCE THAT RULING CAME DOWN I BEGAN MEETING WITH MEMBERS OF THE POLICE DEPARTMENT TO DISCUSS HOW WE NEED TO ADDRESS THIS WITH OUR CURRENT ORDINANCES. WE'VE GONE THROUGH SEVERAL MEETINGS. ALSO WE HAD A, A MEETING WITH THE TOW TRUCK INDUSTRY HERE, [00:20:01] HERE LOCALLY. SO SEVERAL OF THE COMPANIES CAME IN TO, TO THE POLICE DEPARTMENT AND WE EXPLAINED, HEY, THIS IS THE SITUATION NOW, THIS IS WHAT WE INTEND TO DO AND, AND TRY TO GET SOME FEEDBACK FROM THEM AND SEE WHAT THEIR VIEWS WERE ON THAT. AND IT'S PROVED TO BE A PROFITABLE MEETING AND, AND BASED ON THAT MEETING AS WELL AS THE ADDITIONAL MEETINGS WE HAD AT THE POLICE DEPARTMENT WE CAME WITH THE PROPOSED ORDINANCE THAT WE HAD BEFORE YOU. SO HERE'S WHAT THE AMENDMENTS TRY TO DO HERE. SO IN THE PROPOSED TOWING ORDINANCE AMENDMENT, WE ARE GOING TO PROPOSE TO REMOVE THE LOCAL PERMITTING AND INSPECTION REQUIREMENT. I'LL JUST LET YOU KNOW THAT THE, THE TOW TRUCKS WILL STILL BE REQUIRED TO MAINTAIN THE LICENSE WITH TDLR AND POST THAT LICENSE ON THE TRUCK ITSELF. SO IT'S, IT'S VISIBLE AND CAN BE YOU KNOW, CONFIRMED WHETHER OR NOT THEIR LICENSE WITH THE STATE TO REMOVE ANY FEES ASSOCIATED WITH ANY LOCAL PERMITTING OR INSPECTION. AND TO REMOVE THOSE LOCAL LIMITATIONS ON THE FEES FOR NON-CONSENT CODES. SO AS I MENTIONED BEFORE, OUR CURRENT ORDINANCE HAS VERY MUCH MORE RESTRICTIVE FEE LIMITS THAN YOU WILL FIND BY THE STATE REGULATION. AND SO WHAT WE'RE DOING IS JUST REMOVING THOSE RESTRICTIONS AND JUST BASICALLY ADOPTING WHAT THE STATE IS, IS, IS STATED YOU CAN CHARGE FOR LOCAL OR NONCONSENT TOWING. NONCONSENT TOW. EXCUSE ME. AND AND PART OF THE ORDINANCE AMENDMENT IS ALSO TO CLARIFY SOME TOW ROTATION LIST REQUIREMENTS THAT WE HAVE CURRENTLY. IN THE ORDINANCE THERE WAS A BIT OF CONFUSION. WE HAD SOME DEFINITIONS IN THERE THAT YOU'LL SEE THAT ARE STRUCK OUT TOO, THAT REALLY DEFINED THE TYPE OF TOW TRUCK AND THE, IF YOU LOOK IN THE TDLR AND THE THE CODE OF ORDINANCES, THE STATE DOESN'T REALLY LOOK AT IT THAT WAY. THEY REALLY LOOK AT WHAT THE, THE SIZE OF THE VEHICLE THAT'S BEING TOWED, NOT NECESSARILY THE, THE SIZE OF THE TOW TRUCK THAT'S DOING THE TOWING. AND SO WHAT WE WANT TO DO IS JUST BE CONSISTENT WITH THE STATE LAW. AND SO THOSE CHANGES ARE BEING MADE. AND, AND, YOU KNOW, OUR REFERENCES TO A, A LIGHT DUTY TOW AND A HEAVY DUTY TOW ARE TRYING TO COINCIDE WITH THE STATE HAS CURRENTLY ON THE BOOKS. SO THAT'S THE ESSENTIAL ELEMENTS OF THE THE AMENDMENT. AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THERE WAS A LADY THAT CAME BEFORE US SEVERAL MONTHS AGO. CORRECT? DOES THIS AFFECT HER OR WAS SHE A PART OF THIS DISCUSSION? BECAUSE I KNOW SHE WAS REALLY INTERESTED IN ALL THIS. MR. HOPKINS. HOPKINS. HOPKINS. DID SHE COME TO YOUR MEETINGS? NO. MR.. MR. HOPKINS DID COME. THANKS. SO I JUST HAVE ONE QUESTION. DO YOU EXPECT ANY FURTHER APPEALS OF THIS OR. YOU NEVER KNOW. WELL, THERE'S AS I UNDERSTAND, THERE'S STILL CHALLENGES ONGOING WITH RESPECT TO THE DEATH STAR BILL. I THINK THE STRATEGY NOW FROM THESE CITIES THAT ARE DOING THE CHALLENGING ARE TO DO IT KIND OF MORE PIECEMEAL AND VERY, MORE, MORE SPECIFIC. I THINK THAT WAS PART OF THE PROBLEM. IF I RECALL, I HAVEN'T READ THAT OPINION IN A WHILE, BUT IT WAS KIND OF A KIND OF A BROAD BRUSHING OF THE WHOLE LAW INSTEAD OF MORE SPECIFIC. AND I DON'T THINK IT HAD BEEN CHALLENGED AT THE TIME. IF YOU MAY RECALL, PART OF THAT THE DEATH STAR BILL BASICALLY THESE CITIES WHO WERE TRYING TO ENFORCE OR KEEP ON THE BOOKS, SOME OF THESE ORDINANCES COULD WELL, ANY INDUSTRY THAT MAY BE AFFECTED BY THAT COULD CHALLENGE THAT SPECIFICALLY TO THAT WITH RESPECT TO WHATEVER ORDINANCE THAT MAY BE APPLICABLE. AND SO I THINK THAT'S THE STRATEGY NOW IS WHEN THEY GET THOSE CHALLENGES, THEN THEY WILL, I GUESS, CHALLENGE THE, THE EFFECTIVENESS OF THE OF THE ACT. THAT MAKES SENSE. BUT I DON'T KNOW. I DON'T HAVE ANY DETAILS AS TO HOW MANY ARE. SO THOSE ARE OUT THERE. SO REALLY WHAT I'M GETTING AT THE SECOND PART OF IT. THE QUESTION IS, ARE YOU THINK WE HAVE A BETTER ORDINANCE NOW IN THIS NO MATTER WHAT THE STATUS IS OR. I MEAN, I HOPE WE'VE. WELL, WHAT WE'RE TRYING TO DO IS BE CONSISTENT WITH THE STATE. RIGHT. AND SINCE, YOU KNOW, THE LEGISLATURE HAS KIND OF TAKEN THAT ABILITY TO DO SOMETHING WHICH APPEARED TO BE GRANTED TO THE CITIES AT THE TIME, THE. BECAUSE IF GOING BACK TO THAT SECTION THAT I REFERENCED AT THE BEGINNING THAT. 2308 201 IT APPEARED THAT THE CITIES HAD THAT AUTHORITY GRANTED BY THE LEGISLATURE TO DO THIS LOCAL REGULATION. [00:25:01] WELL, THEN IT COMES ALONG WITH THE DEATH STAR BILL, AND IT KIND OF STRIPS THAT ABILITY SEEMINGLY. AND AGAIN, NOBODY SPECIFICALLY CHALLENGED THAT TO MY BILL, TO MY AWARENESS. BUT WE JUST KIND OF WANTED TO GET AHEAD OF IT. I THINK IN DISCUSSIONS, YOU KNOW, OUR DISCUSSIONS WITH CHIEF ASSISTANT CHIEF KENNEDY, CHIEF WILLIAMS. JUST. CHIEF. TARAVELLA. IT SEEMED LIKE A GOOD IDEA FOR THE CITY TO GET OUT OF LOCAL INSPECTIONS AND PERMITTING OF TOW TRUCKS. IT WAS JUST A TIME CONSUMING PROCESS, AS I UNDERSTAND. AND REALLY AND THEY CAN SPEAK TO THAT PROBABLY BETTER THAN I CAN. IF THEY WOULD LIKE TO, BUT I DIDN'T THINK THERE WAS ANY HESITANCY OF THE, FROM THE POLICE DEPARTMENT TO GET OUT OF THAT BUSINESS. THAT ANSWERED MY QUESTION. JUST ON A SIMPLE LEVEL, DOES IT MAKE THE COST OF TOWING GO UP OR DOWN? IT IT POTENTIALLY COULD GO UP FOR A TOW. SO LIKE I SAID, OUR OUR NONCONSENT TOW FEE LIMITATIONS WERE MORE RESTRICTIVE THAN THE STATE'S. SO IF WE'RE. NOW YOU'RE APPLYING THE STATE'S LIMITATION. IT'S A MUCH HIGHER LIMITATION THAN WE HAD. SO IT COULD POTENTIALLY BE HIGHER. DOES THAT MONEY GO. WHERE DOES THAT MONEY GO WHEN THEY PAY IT TO US OR TO THE STATE OR TO YOU'RE TALKING ABOUT FOR NON-CONSENT TOE OR. YEAH. WHERE THEY'RE TOWING IT FROM. SO ARE THEY, ARE THEY TOWING IT OFF CITY PROPERTY? WELL, I DIDN'T KNOW IF IT WAS TAXED OR NOT OR IF IT WAS THE LIKE FINE FEES. YEAH. THAT WOULD PROBABLY GO TO THE STATE. YEAH. OKAY. I JUST HAD MY JEEP TOWED TODAY, SO I UNDERSTAND THIS VERY INTIMATELY. OKAY. I UNDERSTAND. AND IT ACTUALLY WASN'T THAT PAINFUL. GOOD. HOPE YOU GOT IT BACK. YEAH. IT WASN'T IT WASN'T THAT I HAD A FLAT. OKAY. SO I JUST WANTED YOU TO KNOW I HAD A SKIN IN THE GAME HERE. IT'S A CONSENT TOE. YEAH, IT WAS A. WAS IT CONSENT TOE OR. IT WAS A BIG TOE. PLEASE COME OVER HERE. YEAH. THAT'S CONSENT. YEAH. THEY CAN STILL CHARGE YOU FOR THAT. YEAH. I'M SURE YOUR INSURANCE COMPANY IS GOING TO PAY FOR THAT PART. PROBABLY. MAYBE. I WAS SO HAPPY TO GET OUT OF THE RAIN AND GET MY FLAT FIXED. ANY OTHER QUESTIONS? THANK YOU FOR THE WORK ON THIS. IT'S BEEN SIX MONTHS OF WORK. IS THAT WHAT IT IS? ROUGHLY? YES. THANKS. HEY, I'LL CONSIDER A MOTION. I'LL MAKE A MOTION. WE APPROVE THE ORDINANCE OF THE CITY OF NACOGDOCHES, TEXAS. AMENDING CHAPTER 102. TRAFFIC AND VEHICLES. ARTICLE TEN TOW TRUCK AND VEHICLE STORAGE. BUSINESS REGULATIONS OF THE CODE OF ORDINANCES. CITY OF NACOGDOCHES PROVIDING A SEVERABILITY CLAUSE, PROVIDING CONTINUATION CLAUSE AND PROVIDING A REPEAL CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION HAS BEEN MADE. SECOND, HAVE A MOTION. SECOND. ALL IN FAVOR? AYE, AYE. MOTION PASSES UNANIMOUSLY. [6.C. Consider approval of a resolution of support for Community Project Funding requests in federal appropriations bills for the upcoming fiscal year 2027. (City Manager)] OKAY. NEXT ITEM, ITEM SIX C CONSIDER APPROVAL OF A RESOLUTION OF SUPPORT FOR COMMUNITY PROJECT FUNDING REQUEST IN THE FEDERAL APPROPRIATIONS BILLS FOR THE UPCOMING FISCAL YEAR 2027 CITY MANAGER BEVERLY. THIS ONE ISN'T REAL COMPLICATED. WHAT THIS IS, IS WE'RE DOING TWO TRACKS. WE'VE THE PARALLEL TRACK WITH EDA IN TERMS OF AN OPEN CALL. THAT WILL BE COMING PRETTY SOON. WE'RE GETTING THE LAST LETTERS OF SUPPORT. IT'S A. THAT'S A FAIRLY COMPLICATED PROCESS. AND THEN THIS IS IN PREPARATION FOR THE ANNUAL APPROPRIATIONS PROCESS THROUGH CONGRESS. IT WILL LIKELY TARGET THE SAME ACCOUNT. WE'LL BE ASKING FOR 10 MILLION IN BOTH CASES. WE THINK ONE, WE THINK BOTH WILL PROBABLY BE A LOWER AMOUNT THAN THAT. BUT THAT'S ALSO WHY YOU GO AFTER THESE USUALLY IN CHUNKS. SO THE RESOLUTION OF SUPPORT RIGHT HERE, THAT'S WHAT WE BROUGHT TO YOU ALL TODAY. OBVIOUSLY WE, WE HAVE A LETTER OF INTENT, REGARDING THAT THAT SITE. AND WE'VE GOT TO HAMMER OUT THE THE DETAILS IN TERMS OF. COMPLIANCE WITH EDA. ALL OF THE ABOVE PERCENTAGE OF SPACES AND THEN ALSO SCENARIOS, I WOULD THINK. AND WE'VE, WE'VE HAD THIS DISCUSSION. THERE ARE WAYS THIS COULD BE PHASED WHERE CERTAIN PARTS OF IT COULD BE BUILT OR BUILT IN, ADVANCED AND PREPARED FOR RECEIPT OF FEDERAL FUNDS IN A SUBSEQUENT PHASE. SO THOSE WILL BE THE THINGS WE'LL BE BRINGING BACK TO YOU ALL IN THE FUTURE. I HAVE A COUPLE OF QUESTIONS ABOUT THIS. SO THESE REQUESTS FOR FUNDING FROM FEDERAL APPROPRIATIONS, WHAT IS THE TIMING ON THAT? [00:30:02] HOW LONG WOULD IT TAKE TO GET HER IN? AT MINIMUM, IT'LL TAKE, WHAT, SIX MONTHS AT LEAST TO BE HEARD? WELL, I THINK YOU NEED TO. I THINK WE SHOULD USE THE REALITY OF THE SPACE WE'RE OPERATING IN. SO IT WAS JUST THIS LAST WEEKEND OR THE WEEKEND BEFORE THAT PRESIDENT FINALLY SIGNED THE MILLION DOLLARS FOR DRAINAGE. NOW, IF YOU REMEMBER, WE SUBMITTED THAT NOT JUST LAST YEAR, WE ACTUALLY SUBMITTED THAT THE YEAR BEFORE IT WAS APPROVED. AND THEN IT WENT THROUGH BASICALLY A SKIP YEAR. AND THEN WE SUBMITTED PRIORITIES, INCLUDING THIS GARAGE. THAT'S BEFORE WE HAD FINISHED SITE SELECTION IN THE DOWNTOWN PLAN. WE SUBMITTED SOMETHING, AND WHAT WE GOT BACK WAS AGAIN, NOT THE 3 MILLION OR ACTUALLY IT WAS FIVE, I THINK. ORIGINALLY SUBMITTED FOR DRAINAGE, THEN IT WAS REDUCED TO THREE. THEN WHEN IT FINALLY GOT APPROVED AND FINALLY APPROVED A MILLION. SO IN A PERFECT WORLD, YES, THIS WOULD BE CLOSER TO THAT. CLOSER TO TWO YEARS OR NO, NO, I'M SAYING IN A PERFECT WORLD, WE WOULD HAVE. WE WOULD RECEIVE APPROVALS TYPICALLY INSIDE OF THE YEAR. YES. NOW THE OPEN CALL FOR PROJECTS, WE MIGHT GET SOMETHING SOONER, BUT THAT'S A DISASTER. THE REASON THAT'S GOT A LOT OF DETAIL IN IT. WE'RE ALSO IN THAT CASE, THAT'S A SEPARATE SUBMITTAL THAT IS WE'RE UNDER THE DISASTER RECOVERY ZONE. SO THERE'S AN APPORTIONMENT OF EDA FUNDS FOR THAT, BUT FOR THIS CASE, ANNUAL APPROPRIATIONS. AND I JUST CAUTION THAT, YOU KNOW, YOU'VE YOU'VE ALREADY HAD A FEW CONTINUING RESOLUTIONS OR ONE, YOU JUST HAD A RECENT ONE, I THINK TWO WEEKS. AND SOME OF THIS TIES BACK OBVIOUSLY TO NATIONAL, I GUESS, ENVIRONMENT IN TERMS OF AGREEING TO DISAGREE BETWEEN EVERYONE THAT NEEDS TO AGREE ON A FUNDING BILL. SO COULD THAT BE HELD UP BY THAT? YES. COULD IF WE GET A SHUTDOWN DURING ANY OF THIS PROCESS IN EITHER OF THEM AND KEEP IN MIND, WE WOULD HAVE. WE WERE WAITING ON ADDITIONAL DETAIL. BEFORE WE WENT AHEAD AND GOT EVERYTHING SYNCHED UP FOR THE OTHER SUBMITTAL, BUT WE ORIGINALLY. WERE GOING TO SUBMIT A LESS DETAILED ONE TO EDA. AND WHILE WE'RE IN THOSE DISCUSSIONS, YOU HAD THE PRIOR SHUTDOWN. IT'S ACTUALLY BETTER NOW THAT WE HAVE MUCH MORE DETAIL WORKED OUT ON THAT SITE THAT IT'S QUOTE UNQUOTE SHOVEL READY NOW. SO THAT HELPS HELPS US ON THIS. ON THE APPROACH AND IT'LL HELP US ON THE SEPARATE EDA OPEN CALL. SO WE HAVE A, YOU KNOW, SITE SELECTED. WE'VE TRIED TO PLACE IT OUTSIDE THE FLOODPLAIN UP ON THE HIGH SIDE. WE'RE WORKING ON THE LETTER OF INTENT WITH ELLIOTT ELECTRIC ON THAT SITE. MY GUT IS THAT SUBMIT BOTH. MAYBE WE'LL HEAR SOMETHING. I THINK WE SHOULD BE PREPARED FOR ANY SCENARIO, EVEN A SHUTDOWN. AND EVEN IF THAT MEANS WE TRY TO APPROACH THE PROJECT WITH ELLIOTT ELECTRIC IN SUCH A WAY THAT WE DON'T HOLD THEM UP, A CERTAIN AMOUNT COULD BE BUILT, EVEN IF IT'S ON THEIR DIME UP FRONT. AND THEN IF WE RECEIVE FEDERAL FUNDS, AND I KNOW WE ALSO HAVE ARPA, AND OF COURSE, THESE THINGS WOULD COME BACK TO YOU ON A LETTER OF AN ACTUAL LEASE AGREEMENT. WE'RE LOOKING AT THE AT THOSE TERMS RIGHT NOW, WHAT THE REQUIREMENTS ARE ON EDA IN TERMS OF CONSTRUCTION, THE AMORTIZATION SCHEDULE AND THOSE THINGS. BUT YOU KNOW, WE HAVE WE DO HAVE SOME UNSPENT ARPA. THAT'S A, THAT'S ONE THAT THEORETICALLY COULD ALSO APPLY EARLY ON. I MEAN, WE COULD UTILIZE THAT MIGHT BE ONE WAY TO ALSO PREPARE PORTIONS OF THE GARAGE OR THE FUTURE GARAGE STRUCTURE, THE SUPERSTRUCTURE FOR LATER RECEIPT OF FEDERALLY FUNDED, LET'S SAY A FEDERALLY FUNDED FLOOR WITHIN THAT, BECAUSE AT THE END OF THE DAY, THIS IS SUPPOSED TO BE A PUBLIC PRIVATE, FACILITY THAT AT PEAK WOULD PROVIDE ADDITIONAL PARKING EVENINGS AND WEEKENDS. I MEAN, DURING THE WEEK, BUT ALSO EVENINGS AND WEEKENDS FOR FESTIVALS, CONCERTS, THINGS LIKE THAT, WHERE YOU HAVE A NON-COMPETING PEAK. BUT THAT'S REALLY IT. I MEAN, IT'S, WE ARE IN A LITTLE BIT DIFFERENT ENVIRONMENT, BUT KEEP IN MIND, IF YOU WERE TO GO BACK MAYBE A DECADE WHERE EARMARKS KIND OF WENT AWAY FOR, YOU KNOW, FOR ALMOST A DECADE WEST OF THE MISSISSIPPI, UNLESS YOU WERE ALL THE WAY ON THE WEST COAST IN HIGHER DENSITY, SAY, SAN FRANCISCO, PARTS OF LA, SAN DIEGO, MUCH OF THE FORMULA, WHEN THEY GOT RID OF EARMARKS, IT WAS TO THE DETRIMENT OF OF A LOT OF OTHER URBAN AREAS THAT DIDN'T MEET THE FORMULA THAT YOU COULD AND DENSITY IN TERMS OF D.C., CHICAGO SOME OF THE OTHER HIGHER DENSITY AREAS, [00:35:04] NEW YORK, SOME OF THE OTHER AREAS IN TERMS OF TRANSIT, FOR EXAMPLE. THE FACT WE HAVE AN EARMARK PROCESS WITH A PROCESS, THAT'S WHAT IT REALLY USED TO BE CALLED, WHAT WE USED TO REFER TO IT AS. AND THEN THE OTHER OPEN CALL, I THINK IT'S BEST WE CAN, WE CAN HOPE FOR UNDER THIS ENVIRONMENT. SO I'M BEING POSITIVE, BUT THERE'S ALSO WAYS WE CAN APPROACH THIS WHERE WE CAN'T, WE CAN TRY TO MITIGATE HOLDING UP ELLIOT ON THE, ON WHAT THEY NEED TO DO FOR THEIR EMPLOYEE PARKING FIRST WITH PHASING. SO DO YOU THINK THAT WE'RE GOING TO BE ABLE TO BUILD WHAT WE WANT TO DO AND TAKE CARE OF THE TIMING SO WE DON'T HOLD UP ANYTHING ON THE STRUCTURE, EVEN IF WE HAVE TO DO SOME THINGS. WELL, LET'S JUST SAY THIS. LET'S SAY THEORETICALLY, IF YOU WERE TO USE THE ARPA BECAUSE THAT'S THE BIRD IN THE HAND AND THAT'S ANY GOVERNMENTAL USE EFFECTIVELY, THAT'S MUCH LESS RESTRICTIVE. SO LET'S SAY WE HATE TO I'M NOT TRYING TO TALK THROUGH THE AGREEMENT. WHATEVER AGREEMENT WE HAVEN'T REACHED, BECAUSE WE HAVE TO REACH THAT AGREEMENT FIRST WITH ALL PARTIES. BUT THEORETICALLY, YOU COULD PROBABLY USE SOME FOR DESIGN OR AT LEAST MATCH WHATEVER THEY'RE GOING TO DO ON DESIGN AND TRY TO DESIGN IT IN SUCH A WAY THAT, LET'S SAY, A TOP FLOOR OR SOMETHING LIKE THAT COULD BE ADDED LATER IN A SECOND PHASE ONCE YOU RECEIVE FEDERAL FUNDING. IT MIGHT ALSO MEAN YOU USE SOME NEAR TERM, MAYBE ARPA FUNDS FOR THE STRUCTURAL SUPPORTS TO OVERBUILD THAT A BIT IN PREPARATION FOR IT. SO THERE'S PIECES OF IT WE CAN DO. I'VE SEEN THIS DONE WITH ON FTA WHERE YOU'LL HAVE SOME MONEY EARLY ON. YOU'LL HAVE SOME FEDERAL, SOME PRIVATE, AND THEN YOU ACTUALLY HAVE TO GO IN AND YES, IT, YOU KNOW, I KNOW WE HAVE CONSTRUCTION FOLKS IN THE ROOM. YES. IT COSTS MORE TO MOBILIZE TWICE, BUT KIND OF IS WHAT IT IS WHEN YOU'RE BUILDING THINGS THAT CAN BE, YOU KNOW, EASILY 30,000 PER SPACE. WELL, I REALLY APPLAUD YOU AND THE WHOLE ALL THE STAFF FOR WORKING SO HARD ON THIS. THIS TO ME IS REALLY CRITICAL FOR OUR DOWNTOWN TO HAVE GOOD PARKING. I APPLAUD YOUR PARTNERSHIP AND YOUR WORKING TOGETHER. WITH ELLIOTT ELECTRIC AND I THINK I SUPPORT ANYTHING THAT WE NEED TO DO TO MAKE SURE WE DO IT RIGHT, EVEN IF IT COMES OUT OF DOLLARS. THAT HURT A LITTLE BIT. THAT'S THE ONE THING VERY CLEAR. ONE THING I'D ALSO ADD IS WE WANT TO HAVE ZERO AMBIGUITY IN THIS WITH THIS MODEL. MEANING, YES, WE RESUBMITTED THE DRAINAGE LAST YEAR BECAUSE IT GOT NIXED THE YEAR BEFORE WHEN IT WAS APPROVED. HOWEVER, YOU KNOW, WE'VE ALSO SUPPORTED 5969. THAT'S AN INTERSTATE PROJECT THAT REALLY SHOULD BE GOING TO AN INTERSTATE PROJECT. WE WANT IT TO BE CLEAR THAT OUR. BECAUSE HISTORICALLY, NACOGDOCHES DID NOT RECEIVE ITS FAIR SHARE OF FEDERAL FUNDS. YOU WERE A DONOR, RIGHT? TEXAS WAS A DONOR. NACOGDOCHES WAS A DONOR INSTEAD OF A DONOR. WE WANT IT VERY CLEAR WITH OUR DELEGATION. THIS IS THE ONE ASK IN THIS CYCLE, POSSIBLY THE NEXT ONE. SO THAT'S WHY WE'RE SUBMITTING ONE THING. HOW MUCH ARPA FUNDS DO WE HAVE? ABOUT 1.2 MILLION OR SO. AND ARE THEY EARMARKED ALREADY? THEY'RE NOT. I THINK WE HAD HAD IDENTIFIED THEM POSSIBLY TO USE FOR ADDITIONAL DRAINAGE. I THOUGHT THEY WERE WELL EARMARKED. IF YOU HAVE FLEXIBILITY WITH IT, IT'S ANY GOVERNMENTAL USE. SO THE THEY'RE NOT THEY'RE NOT THEY'RE NOT OBLIGATED YET. I DON'T THINK THE 1.2 IS NOT. NO IT'S NOT. IT'S NOT TECHNICALLY. COME ON UP. COME ON DOWN. AND PLEASE DON'T TAKE AWAY DRAINAGE IN THIS NEIGHBORHOOD. WELL, NO. AGAIN, WE JUST RECEIVED THE MILLION. WE JUST RECEIVED THE MILLION THAT WASN'T APPROVED TILL NOW. THAT JUST GOT SIGNED. OKAY, SO YOU DO NEED TO KIND OF. I HATE TO SAY IT. THERE WILL HAVE TO BE SOME DECISIONS, BUT YOU ALSO NEED TO LOOK AT ROI AND TIMING. AND I WOULD, I WOULD SAY YOU HAVE A CERTAIN WINDOW AT LEAST TO REACH AN AGREEMENT WITH ELLIOT. YOU'VE GOT A YOU'RE KIND OF IN AN ENGAGEMENT STAGE, NOT A BETROTHING, BUT AN ENGAGEMENT STAGE. SOMEBODY CAN LEAVE A RING AND WALK AWAY. THAT MEANS YOU NEED TO BE SWEET. SO THIS IS PROBABLY IN THE THE CHOCOLATE AND STEAK DINNER PHASE, NOT THE SONIC PHASE, I'D SAY. AND YOU KNOW HOW TO DO THAT? I HAVE NO IDEA. OKAY. SORRY. THE ONLY THING AND DIRECTOR, PUBLIC WORKS, CITY ENGINEER CASE OPPERMAN. I THE ONLY THING I WAS GOING TO SAY WAS, JUST TO YOUR QUESTION, [00:40:03] WHAT'S THE UNUSED, UNUSED BALANCE? I DON'T HAVE THAT FIGURE FOR YOU. EXACTLY, BUT THERE WAS A LITTLE BIT LEFT ON OUR MOST RECENT SEWER PROJECT ON THE NORTH STREET AND THREE OTHER LINES THAT CAME IN A LITTLE BIT UNDER BUDGET ON THE CONSTRUCTION. SO THERE'S JUST A LITTLE BIT LEFT THERE. A LITTLE BIT AS IN A LITTLE BIT OF MILLIONS OR A LITTLE BIT OF A COUPLE HUNDRED, I THINK MAYBE 2 OR 300,000 ON A $1.8 MILLION JOB OR WHATEVER IT WAS. AND THEN WE HAD THE UNUSED WATER THAT WE HAD, WE, WE KIND OF BEEN HOLDING JUST TO SEE IF ANY OF THE OTHER CATEGORIES NEEDED SUPPORT ON THE ARPA STUFF. AND SO THAT WAS, I BELIEVE, EITHER 1 OR 1.5 MILLION. SO THAT I THINK HAS BEEN REALLOCATED ALREADY TO CERTAIN AREAS. WHAT AREAS? WELL, WITH THE JUST KIND OF HELD FOR THE GARAGE, IF THAT WAS GOING TO BE NEEDED OR SOMETHING LIKE THAT. SO, AND THAT WAS, YOU KNOW THAT WAS MONEY THAT WAS NOT ALREADY ALLOCATED FOR WATER PROJECTS. IT WAS JUST KIND OF THERE FROM THE BEGINNING. AND SO AND THEN WE'VE, WE'VE STILL GOT DRAINAGE MONEY WE'RE TRYING TO FINISH WITH, BUT THAT'S ABOUT ALL THAT'S UNUTILIZED SO FAR. AND THEN PLUS WE, AGAIN, WE JUST, IT, IT'S FY 26 MONEY THAT WE JUST GOT APPROVED FOR DRAINAGE ON THE FEDERAL SIDE, I THINK THAT MR. ELLIOTT MOSTLY IS LOOKING FOR A GOOD FAITH FROM THE CITY THAT WE'RE AS INVOLVED AS EVERYBODY ELSE. SO I THINK WE NEED TO USE ALL THE EXTRA MONEY THAT WE HAVE, BECAUSE HE CERTAINLY PUT IN A LOT MORE MONEY THAN WE HAVE, YOU KNOW? SO I'M JUST SAYING. THANKS, MR. ELLIOTT. WELL, NO, AND, AND AND THE OTHER PIECE, AND I DON'T WANT TO THROW IT ON THE TABLE, BUT I DO WANT TO ALSO REMIND Y'ALL KNOW, WE THIS IS NOT THE TYPE B, WE'VE JUST NOW GOT THE ANE FILING BECAUSE OF THE LAST FEDERAL SHUTDOWN. TOOK A WHILE. THAT ACCOUNT I THINK HAS ABOUT ANOTHER MILLION. BUT THAT'S THAT'S LOCAL. THAT'S NOT FEDERAL. BUT THEORETICALLY THERE IS A LITTLE MORE THERE. BUT IF AND AGAIN, OUR GOAL WAS TO MINIMIZE IT AT ALL POSSIBLE. THE AMOUNT OF OF LOCAL DOLLARS. DEFINITELY NO DEBT. THERE WAS NEVER A DEBT SCENARIO WE WERE TRYING TO LOOK AT WITH ANY OF THIS, NOT EVEN NOT BONDS, NOT ANY OF THAT. SO I THINK WE'VE ALSO TALKED POTENTIALLY ABOUT MAYBE A PORTION OF THAT FOR SOME OF THE ACTIVITIES AT THE AIRPORT. BUT WE ALSO REMEMBER WE HAVE, WE DO HAVE BOND FUNDS FOR THE AIRPORT. SO WE HAVE, YOU KNOW, WE AGAIN, GOT ABOUT A MILLION SITTING IN THAT ACCOUNT AND YOU'VE GOT THE TYPE B, IT HASN'T YET RECEIVED IT. TO SAY GRACE OVER IT. IT'S STILL TECHNICALLY SITS AS EITHER WAY IT'S REALLY GENERAL FUND, BUT YOU ALL WOULD HAVE TO APPROVE THAT EITHER WAY. BUT YOUR HANDS ARE COMPLETELY TIED IN TERMS OF OPTIONS. WHAT IS THE RAINY DAY FUND FOR? ARE YOU TALKING ABOUT OUR RESERVE FUNDS? YEAH. OKAY. WE I KNOW WE'RE REQUIRED TO KEEP THAT, BUT. BUT WHAT DOES IT MEAN FOR A RAINY DAY? I MEAN, I KNOW IN MY LIFE WHAT A RAINY DAY MEANS. WELL, I CAN TELL YOU. LET ME USE A REAL RAINY DAY SCENARIO. DON'T BE FUNNY. OKAY, I'LL TRY NOT TO. SO LET'S TAKE HURRICANE IKE. RAIN WAS A EXTENDED RAINY DAY, AND I CAN TELL YOU WELL, ONE OF THE CITIES I WORKED AT, KIMA, I WAS BROUGHT IN TO, YOU KNOW, AFTER THEIR ADMINISTRATOR RETIRED AFTER A DECADE, AND WE IMPLEMENTED SOME RECOVERY FUNDS TO JELL O. THAT WAS ONE SIDE BUT PART OF THE RAINY DAY PEACE IN THEIR CASE WAS YOU HAD TWO MAJOR ECONOMIC GENERATORS. THEY DIDN'T HAVE A UNIVERSITY, BUT WE HAD A SUPER WALMART AND WE HAD THE CHEMO BOARDWALK, BOTH OF WHICH HAD BEEN SLAMMED DURING IKE. TALKING ABOUT TEN 12FT OF WATER. THE ROOF HAD COLLAPSED AT WALMART. AND IN THEIR CASE, I THINK BETWEEN THE TWO THAT WAS ABOUT. SO WE OPERATED OFF OF 60% OF OUR GENERAL FUND WAS SALES TAX OR. SO WE HAD ABOUT A QUARTER PROPERTY TAX. IT'S ABOUT WHAT IT WAS AT THAT TIME. HOWEVER, YOU DROP THE ROOF OF THE WALMART AND THEN ALL OF A SUDDEN THERE GOES YOUR REVENUE STREAM. SO WE TYPICALLY WOULD KEEP. I THINK PRIOR TO IKE THEY MAY HAVE KEPT 50% RESERVE. WE ACTUALLY KEPT. I THINK BY THE TIME I DEPARTED EFFECTIVELY A YEAR OF RESERVES. BUT YOU HAVE TO REMEMBER WHEN YOU'RE IN THAT ZONE WHERE THE WHOLE TOWN IS FLOODPLAIN, I'D SAY ANYTHING WITH GALVESTON OR MOST OF IT. [00:45:05] YOU'VE GOT A LITTLE BIT DIFFERENT PREPARATION SCENARIO WITH YOUR RESERVES. YOU. SOME MIGHT ARGUE IT'S TOO RICH. OH, WHY CAN'T WE BRING TAXES? BECAUSE IN BOTH CASES, BOTH OF THOSE ENTITIES EVEN HAD TO LAY OFF POLICE OFFICERS TO RECOVER. I'M TALKING AND A LARGE NUMBER OF YOU KNOW, BASICALLY YOU FROZE YOUR CIVILIAN STAFF. YOU DIDN'T HIRE ANYBODY THAT RETIRED AND YOUR BURNOUT RATE WAS REALLY BAD AND RECOVERY. SO YOU'RE NOT HIRING PEOPLE BACK AND THEN THEY BURN OUT AND THEY LEAVE BUILDING THOSE RESERVES BACK. IF YOU HAVE YOUR MAJOR REVENUE GENERATORS COMPLETELY WIPED OUT OR TAKEN OFFLINE FOR SIX MONTHS THAT'S WHY THAT'S WHY THEY SO OURS. OURS HAS BEEN HEALTHY HISTORICALLY. WE ARE SPENDING SOME OF IT ON OUR YOU KNOW, NOT BELOW, BUT IF YOU LOOKED AT THE PROPOSAL, THAT WAS THE PROPOSAL, THAT WAS ONE OF THE FORECASTING THINGS WE COVERED IS TODD OR KEVIN. SORRY, MY BOLTS IN MY NECK WON'T LET MY HEAD TURN ANY FURTHER. NO, I DIDN'T PLAY FRANKENSTEIN BEFORE. I DO HAVE BOLTS IN MY NECK THOUGH. WAIT, HE SAID NO JOKES. OKAY, SO STRIKE ONE. OKAY, SO. SO IF YOU REMEMBER THE THREE YEAR FORECAST, SOME OF THE CAPITAL PROJECTS ARE COMING FROM THAT RESERVE. IT DOESN'T MEAN WE'RE BROKE, BUT IT DOES MEAN AFTER YOU GET PAST 29, UNLESS THE REVENUES INCREASE, THAT MEANS YOUR AD VALOREM SALES TAX OR BOTH. YOU CAN'T CONTINUE TO FUND PROJECTS FROM YOUR EXCESS RESERVES OVER THE MINIMUM 25%. SO WE'RE NOT BROKE. WE'RE NOT BROKE. BUT YOU KNOW, WE'RE, WE'RE FIXING THINGS THAT ARE EXPONENTIALLY MORE EXPENSIVE. NOW THE DEFERRED MAINTENANCE PIECE. SO THERE'S TWO SIDES TO HOW HOLDING THAT MUCH OF AND RESERVE MAY OR MAY NOT HAVE BEEN. I DON'T WANT TO. THERE'S TWO THERE'S TWO SCHOOLS OF THOUGHT. ONE, YOU ACQUIRE YOU BUILT UP A LOT OF RESERVES. YES. BUT THE DEFERRED MAINTENANCE COST ON THE ITEMS THAT YOU DEFERRED ONLY WENT UP IN PRICE. AND THERE'S OBVIOUSLY YOU HAVE ENOUGH THAT YOU'RE HAVING TO BOND TO DO A LOT OF THEM AS WELL. SO IT STILL DOESN'T PAY FOR EVERYTHING. AND THEN THE ARGUMENT, YOU KNOW, YOU FIX YOUR ROOF OR OTHER THINGS WITH YOUR HOUSE, YOUR AC SOONER PREVENTIVELY RATHER THAN WAIT TILL IT FAILS, IT USUALLY COSTS YOU MORE WHEN YOU. IF YOU HIT A COMPLETE FAILURE. SO. YES, WE NEED TO CONTINUE TO GROW THE PIE. I KNOW THAT SOUNDS REALLY. BUT WE NEED TO KEEP WORKING ON THAT. I THINK WE ARE. I THINK THE AD VALOREM, YOU KNOW, VALUES OF THE ELLIOTT BUILDING WHEN IT HITS THE MARKET FIRST YEAR WHEN IT'S FILLED UP, EVERYTHING WE CAN DO TO BRING ALL THE DOWNTOWN BUILDINGS TO HIGHEST AND BEST USE. WE'LL, WE'LL ADD TO THAT. I WILL SAY THIS. I KNOW THAT THAT THAT THIS IS A VERY, VERY ARDUOUS PROCESS THAT RICK HAS BEEN GOING THROUGH WITH MR. ELLIOTT AND, AND ROBERT AND NEGOTIATING. AND IN THE END, THIS IS MR. ELLIOTT'S PROPERTY AND HE CAN DECIDE HOW HE WANTS TO DO AND WHAT HE WANTS TO DO WITH IT. WHAT IT GOES BACK TO IS WHAT I'VE BEEN SAYING ALL ALONG. A LONG TIME AGO, WE GAVE AWAY OUR REVENUE. WE DON'T HAVE ANY MORE. I MEAN, OUR SALES TAX IS GONE. WE'VE GIVEN EXEMPTIONS TO OUR HOMESTEADS. YOU CUT AWAY AT YOUR REVENUE, AND SOONER OR LATER, WHAT'S GOING TO HAPPEN IS YOU'RE NOT GOING TO HAVE ANY EXCESS MONEY, PERIOD. WE CAN'T. WE HAVE A TYPE B, WHICH I'M GLAD WE DO. I'M I HOPE SOON WE'LL BE ABLE TO GET PERMANENT FUNDING FOR IT SO WE CAN BE ABLE TO GO AND SIT DOWN WITH SOMEONE. AND WE HAVE MONEY IN THAT FUND FOR ECONOMIC DEVELOPMENT, THAT WE DON'T HAVE TO TAKE EVERYTHING THAT WE POSSIBLY HAVE AND DUMP IT IN A PROJECT AND THEN WE'RE BROKE, YOU KNOW? SO ANYWAY, I APPRECIATE MR. BEVERLIN, BECAUSE I KNOW HOW HARD HE'S BEEN WORKING ON THIS AND CONTINUES TO WORK. AND AS FAR AS THE FEDERAL GOVERNMENT IS CONCERNED, THEY'RE GOING TO MOVE AS FAST AS THEY MOVE. [00:50:03] AND YOU CAN'T GUARANTEE ANYBODY ANYTHING WHEN FUNDING IS GOING TO HAPPEN, DOESN'T HAPPEN ANYMORE. AND I KNOW I SAID I WOULDN'T JOKE, BUT WHEN I GO INTO A NEGOTIATION WITH TWO WITH NOTHING IN OUR POCKET AND STILL TRY TO GET SOMETHING, THAT'S WHAT WE'RE TRYING TO DO, RIGHT? BUT THE BLESSING ON THAT IS ALL OF OUR PARTNERS SEE THIS JUNCTURE, WE'RE AT THAT EVEN THEIR ORGANIZATIONS ARE AT THAT THE UNIVERSITY IS AT AND THE OPPORTUNITY THAT IF WE ALL DO COME TOGETHER NOW, YOU PROBABLY THIS IS PROBABLY THE ONE TIME IN A LONG TIME THAT SOME OF THESE THINGS CAN HAPPEN TO EVERYONE'S MUTUAL BENEFIT. THIS IS NOT A NOT AT ALL A CORPORATE WELFARE SCENARIO. WE'RE TALKING ABOUT MAKING PRIVATE PROPERTY AVAILABLE TO FIX THE PARKING SUPPLY FOR ALL OF DOWNTOWN. PLUS A LITTLE BIT MORE. AND THEN THAT'LL BE THAT MUCH EASIER ONCE A FACILITY LIKE THAT IS THERE TO HAVE DISCUSSIONS ABOUT SOMETHING LIKE NAMING RIGHTS AND HOW YOU MIGHT BE ABLE TO FUND, LET'S SAY, A MINI WOODLANDS AMPHITHEATER OR SOMETHING LIKE THAT, IF THERE'S DEMAND FOR IT. AND WE'RE GOING TO BRING Y'ALL SOMETHING ON THAT SEPARATELY IN TERMS OF THAT ANALYSIS ON DEMAND, THAT'S GOING TO BE ANOTHER PROCESS TO JUST SAY, OKAY, WHAT IS THE DEMAND BEFORE YOU START LOOKING AT COSTS? SO THANK YOU ALL. ANY OTHER DISCUSSION? ARE YOU READY FOR A MOTION? YES, MA'AM I AM. OKAY. I MOVE THAT WE APPROVE THE RESOLUTION OF SUPPORT FOR COMMUNITY PROJECT FUNDING AS IS OUTLINED IN ITEM SIX. SEE? SECOND, HAVE A MOTION AND A SECOND. ALL IN FAVOR. AYE. MOTION. MOTION. MOTION CARRIES UNANIMOUSLY. CHAD. OKAY. NEXT ITEM, ITEM SIX D RECEIVE AN UPDATE ON THE [6.D. Receive an update on development of airport facilities and infrastructure (Executive Director of Development and Infrastructure).] DEVELOPMENT OF AIRPORT FACILITIES AND INFRASTRUCTURE. EXECUTIVE DIRECTOR OF DEVELOPMENT AND INFRASTRUCTURE. MIKE NEW. WELCOME BACK. THANK YOU, MAYOR AND COUNCIL. MIKE NEW EXECUTIVE DIRECTOR OF DEVELOPMENT AND INFRASTRUCTURE. THIS ITEM IS SIMPLY AN UPDATE FOR YOU. THE LAST TIME WE PRESENTED TO YOU AND I'LL COVER THIS IN SOME OF THE HISTORY, WE WE SHOWED YOU AN AIRPORT LAYOUT PLAN, WE SHOWED YOU SOME OF THE LONG TERM GOALS FOR THE CITY AND DEVELOPING THE AIRPORT AND THE CONTINGENT IMPROVEMENTS, WHAT THAT FUNDING MIGHT LOOK LIKE, WHAT THE COSTS MIGHT LOOK LIKE, HOW WE GET THERE. THIS PRESENTATION IS, IS TO BRIEFLY RECAP THAT, BUT ALSO GIVE YOU SOME IDEA OF THE DIRECTION WE'RE HEADED TO ACHIEVE SOME SHORT TERM GOALS TO TRY AND MEET SOME OF THE DEMANDS THAT WE'RE ALREADY SEEING AT THE AIRPORT PROPERTY. AND OUR AIRPORT MANAGER, COLIN SMITH, HAS SPEARHEADED SO MUCH OF THESE EFFORTS AND COMMUNICATIONS WITH STAKEHOLDERS, WORKING WITH OUR VENDORS. DEFINITELY WANT TO RECOGNIZE HIM IN THIS PROCESS. HE IS CRITICAL TO MAKING SURE THAT WE HAVE EYES AND EARS IN AND AROUND THAT AIRPORT EVERY SINGLE DAY. SO LET ME GIVE YOU A BRIEF RECAP. SOME OF THE MAJOR MILESTONES THAT HAVE BEEN ACHIEVED JUST IN THE LAST 2 TO 3 YEARS. VOTERS HAVE APPROVED 7.3 MILLION IN TOTAL BOND FUNDS TO REHABILITATE THE AIRPORT RUNWAY AND TAXIWAY PAVEMENT. FINALIZE THE AIRPORT LAYOUT PLAN, WHICH COUNCIL HAD APPROVED IN DECEMBER, AND THEN DESIGN AND CONSTRUCT A NEW AIRPORT TERMINAL. THE CITY APPROVED AGREEMENTS WITH TXDOT FOR 5.4 MILLION TO PERFORM THE PAVEMENT REHABILITATION. WE KNOW THAT THAT PROJECT IS INTENDED TO START THIS SUMMER. I'LL TALK MORE ABOUT THAT IN A MINUTE. AND THEN THE CITY SUBMITTED ITS LAYOUT PLAN TO FAA IN DECEMBER FOR REVIEW. IT DID PASS THROUGH TECH START REVIEW. WE'RE ANTICIPATING HOPEFULLY A QUICK TURNAROUND WITH THE FAA AS WELL. ALL THAT DOES IS THAT GIVES US ANOTHER FOOTHOLD IN SEEKING ADDITIONAL FEDERAL AND STATE GRANT DOLLARS FOR AIRPORT IMPROVEMENTS THAT ARE OUTLINED WITHIN THAT PLAN. WE JUST THIS AFTERNOON, LITERALLY AT 2:00 THIS AFTERNOON, TEX DOT HELD ITS PRE-BID MEETING FOR THE RUNWAY PROJECT. THIS IS A PROJECT THAT WILL LITERALLY SHUT DOWN THE AIRPORT FOR MOST OF THE SUMMER TO ADD ADDITIONAL STRENGTH AND, AND PAVEMENT TO THE RUNWAY, THE 5000 FOOT LINEAR FOOT RUNWAY TO NOT ONLY REHABILITATE WHAT'S CURRENTLY THERE, BUT ADD A LITTLE BIT OF STRENGTH SO THAT WE CAN ACCEPT SOME ADDITIONAL AIRCRAFT. AIRCRAFT ARE ALREADY SEEING FROM TIME TO TIME THAT WANT TO COME IN AND, AND NOT ONLY BE IN NACOGDOCHES, BUT REALLY PARTICIPATE IN THINGS HAPPENING WITHIN THE AREA. SO JUST TO GIVE COUNCIL A REMINDER HERE ARE THE AIRSIDE COMPONENTS THAT WOOLPERT, OUR CONSULTANT HAD SORT OF IDENTIFIED. EACH COMPONENT REALLY NEEDS TO BE ADDRESSED SORT OF IN PHASES. I'LL COVER THAT VERY BRIEFLY IN A MINUTE. WHAT WE'RE LOOKING AT TONIGHT, WHAT I'LL FOCUS ON TONIGHT IS REALLY WITHIN THAT TERMINAL AREA. THE AREA IN PROXIMITY TO OUR MAIN TERMINAL AS WELL AS THE, [00:55:03] THE ADDITIONAL APRON NEXT TO THE FLIGHT SCHOOL, THE HANGAR AREA AND THE FLIGHT SCHOOL WHERE WE SEE A LOT OF THAT CROSS TRAFFIC BETWEEN OUR AIRCRAFT AND AND THE FLIGHT SCHOOL AIRCRAFT. SO HERE'S JUST A LARGER PICTURE OF FROM THE AIRPORT LAYOUT PLAN OF THE OVERALL DEVELOPMENT. AREAS. AGAIN, A LOT OF FOLKS WANT TO FOCUS ON THE RUNWAY EXTENSION FROM 5 TO 6000FT. THAT MAY BE SOMETHING THAT'S MORE LONG TERM IN EXTENDED PHASES, THINGS THAT WE'RE TARGETING RIGHT NOW TO ADDRESS, PARTICULARLY IN THE SHORT TERM OR FOCUSED REALLY AROUND THAT CENTER POINT, THAT CENTER TERMINAL AREA. YOU CAN SEE A LITTLE DETENTION POND THERE. AND WITH TEXT, OF COURSE, WE'RE WORKING ON THAT PAVEMENT STRENGTHENING AND SOME OF THE MOVEMENT OF THOSE TAXIWAYS. AND MIKE, CAN YOU GO BACK TO THAT OTHER GRAPHIC? CAN YOU EXPLAIN THE REASON WHY MOVING THE I GUESS EXTENSION MORE TO THE EAST CAN, CAN OR CAN'T HAPPEN IS THAT THAT'S GREAT. RELATED TO AND COST OF THE RUNWAY OF THE RUNWAY. SO THE RUNWAY IS GOING TO BE BOUNDED BY TWO TWO MAJOR ROADS. OBVIOUSLY WE CAN'T MOVE THOSE ROADS. THAT'S A IT'S A NONSTARTER. WHAT WE CAN DO IS WORK WITHIN THOSE BOUNDARIES. WHAT WHAT THIS IS SIMPLY SHOWING IS A GRAPHIC THAT GIVES US SOME FLEXIBILITY WITHIN THE PLAN TO IDENTIFY SOMETHING THAT WORKS WITH THE ADDITIONAL 1000FT IS IMPORTANT TO ACCEPT OTHER TYPES OF AIRCRAFT DESIGN AIRCRAFT, AND THAT IS OUTLINED IN OUR AIRPORT LAYOUT PLAN IN DETAIL. THIS IS SIMPLY A VISUAL REPRESENTATION THAT FULL BUILD OUT. WHAT WOULD BE THE COMPONENTS IF YOU WERE TO LOOK BIRD'S EYE VIEW AT ALL THE DEVELOPMENTS THAT ARE CONCEPTUALIZED HERE? PHASE COST ESTIMATES. THIS I'M NOT GOING TO GO OVER THESE NUMBERS IN DETAIL. WHAT I DO WANT TO HIGHLIGHT IS, IS THE, THE VOLUME TO, TO ACCOMPLISH A LOT OF THESE IMPROVEMENTS. AGAIN, THIS IS A FULL BUILD OUT PLAN OVER THE COURSE OF 20 TO 30 YEARS. YOU'RE LOOKING IN TODAY'S DOLLARS A COST OF AS MUCH AS YOU KNOW, $300 MILLION WITH ELEMENTS OF PRIVATE FUNDING SUPPORT, LOCAL SHARE, AND OF COURSE, MAJORITY OF THAT BEING FEDERAL AND STATE SHARE. EVEN IN THE LAST YEAR AND A HALF THAT I'VE BEEN HERE THE PROJECTS THAT HAVE EVEN STARTED HAVE BEEN 90 TO 95% FUNDED BY FEDERAL GRANT FUNDING AGENCIES AS WELL AS STATE AGENCIES, INCLUDING THE RUNWAY PROJECT THAT TEX-DOT IS, SPEARHEADING THIS SUMMER. ALL THAT TO SAY IS, WHERE DO WE START? I MEAN, THIS IS THERE'S A LOT TO TACKLE HERE. WE'VE SORT OF BROKEN IT INTO PHASES, BUT THEY DON'T NECESSARILY HAVE TO FOLLOW A LINEAR OR A LINEAR TIMELINE FOR CONSTRUCTION. WE CAN PIVOT AS WE NEED TO, AS LONG AS WE'RE STAYING WITHIN THE GUIDELINES OF THE PLAN TO SEIZE OPPORTUNITIES. ONE OPPORTUNITY WE'VE IDENTIFIED REALLY IS WITHIN THAT. IT'S WITHIN THAT EARLY FOCUS AREA, THIS TERMINAL AREA DEVELOPMENT. ONE OF THE MAJOR COMPONENTS, IN ORDER TO ACCOMMODATE MUCH OF THE IMPROVEMENTS AROUND THE AIRPORT, IS GOING TO BE HOW DO WE MANAGE THE SITE? HOW DO WE MANAGE DEVELOPMENT OF THE SITE IN TERMS OF DRAINAGE? HOW DO WE EXTEND INFRASTRUCTURE? WE DO HAVE, IN THIS YEAR'S CIP, AN EXTENSION OF OUR WATER LINE AND SOME OVERSIZING TO ACCOMMODATE SOME OF THE ADDITIONAL HANGERS TO MEET SOME OF THE INTERESTS AND DEMANDS THAT WE'VE SEEN ALREADY AT THE AIRPORT THAT'S ALREADY BUDGETED. THAT'S ALREADY SOMETHING WE'RE LOOKING AT. BUT THIS GETS US TO A POINT WHERE IF WE FOCUS ON THAT CORE AREA AROUND THE TERMINAL. WE'RE GOING TO TACKLE SOME THINGS INITIALLY, AND I'LL SHOW YOU IN JUST A MINUTE THAT WE THINK ARE ACHIEVABLE WITH SUPPORT FROM PRIVATE FUNDING ENTITIES, THAT WE CAN UTILIZE OUR INITIAL POT OF BOND FUNDS, FOR, WHICH I'LL PROVIDE IN A SECOND AND REALLY GET SOMETHING ACROSS THE GOAL LINE AS EARLY AS THE END OF THIS SUMMER, AND START TO ACCOMMODATE SOME OF THE ADDITIONAL ACTIVITIES THAT WE'RE ANTICIPATING. TO GIVE YOU JUST A QUICK GRAPHIC SHOWING WHAT IS TEX-DOT DOING? SO WHAT ARE THE ELEMENTS THAT THEY'RE GOING TO BE TACKLING WITHIN THEIR PROJECT, THE RUNWAY REHABILITATION. SO THEY'RE GOING TO COVER THAT MAIN RUNWAY STRIP, THE TAXIWAYS, BUT IN PARTICULAR THAT TAXIWAY LEADING UP TO THE LARGER APRON AREA NEAREST THAT FLIGHT SCHOOL HANGAR NEAR OUR OUR FBO BUILDING. SO THEY'RE COVERING MUCH OF THAT. WE STILL HAVE AN ISSUE ABOUT ACCOMMODATING SOME OF THE AIRCRAFT, PARTICULARLY THE LARGER JET AIRCRAFT WHEN THEY COME IN, WHETHER THEY'RE GOING TO THE WILD DUNES RESORT OR THEY'RE COMING IN WITH BUSINESS AT THE UNIVERSITY OR BUSINESS WITH SOME OF OUR LARGER EMPLOYERS. NAVIGATING AND PARKING LOT OF THOSE PLANES. IF WE'RE SEEING MORE OF THOSE, WE'RE GOING TO HAVE MORE OF AN ISSUE IN LUGGING AND TUGGING THOSE PLANES AROUND. AND COLIN CAN SPEAK TO SOME OF THAT SINCE WE'RE SEEING SOME OF THAT ADDITIONAL TRAFFIC. OUR, OUR GOAL IS HOW CAN WE PROVIDE A SOLUTION OR WORK ON SOMETHING THAT SUPPORTS THE AIRPORT LAYOUT PLAN AND EXPANDING SOME OF THIS FOOTPRINT FOR THE IMPROVEMENTS AND ACCOMMODATE THIS WITHIN THE TIME FRAME THAT WE HAVE THIS SUMMER. [01:00:02] WE KNOW THE AIRPORT'S GOING TO BE SHUT DOWN. CAN WE LEVERAGE THAT TIMEFRAME TO DO SOME WORK, IF ANYTHING? WE'VE TALKED WITH SOME OF OUR STAKEHOLDERS. HERE'S THE WINDOW WE'RE TRYING TO WORK WITHIN. WHAT I'M SHOWING YOU NOW IS THE IS TECHSTATS RUNWAY PROJECT TIMELINE. ESSENTIALLY PHASE ONE IS THE MOST INTENSIVE. THAT IS THE INTENSIVE WORK ON THE RUNWAY THAT NECESSITATES SHUTTING THE AIRPORT DOWN, RECEIVING NO LANDINGS, AND PROVIDING FOR NO TAKEOFFS AT 75 DAYS IS CRITICAL. AND TEX-DOT STRESSED VERY MUCH TODAY IN OUR PRE-BID MEETING TO SOME INTERESTED CONTRACTORS THAT THIS IS A TIMELINE MOST CRITICAL TO THE PROJECT AND THAT CONTRACTORS SHOULD STAY WITHIN THOSE BOUNDS TO ACCOMPLISH AT LEAST THE PHASE ONE OF THE PROJECT BECAUSE THE SUBSEQUENT PHASES THE AIRPORT CAN STILL OPERATE IN SOME CAPACITY WITH, WITH SOME NAVIGATION AND WORK, BUT, BUT THAT IS MOST CRITICAL. SO WE WANT TO HONOR THAT TO THE HIGHLIGHTED AREAS, THE REAL TIME FRAMES. IF WE'RE LOOKING AT AUGUST 10TH AS A FINISH DATE, IT INCLUDES SOME CONTINGENCIES FOR WEATHER AND OTHER THINGS. SFAS FLIGHT PROGRAM STARTS AS SOON AS SFAS FALL SEMESTER STARTS. THAT'S AUGUST 24TH. THAT DOESN'T GIVE US A LOT OF WIGGLE ROOM. TEX-DOT IS AWARE OF THAT. THEY'RE SENSITIVE TO THAT. WE AS STAFF AND COLIN ABSOLUTELY HAS BEEN WORKING VERY HARD TO ENSURE THAT AS MUCH AS TEX-DOT CAN DO WITHIN THEIR RULES AND REGULATIONS, THEY'RE PROVIDING THAT COMMUNICATION. SO WHAT DOES THAT MEAN FOR US? ONE OF THE THINGS WE ARE TALKING TO STAKEHOLDERS ABOUT, THERE'S AN INTEREST IN PROVIDING ACCOMMODATIONS TO A LOT OF THE TRAFFIC WE'RE SEEING. FOR FOLKS THAT ARE FREQUENTING THIS WILD DUNES RESORT THERE, THERE'S MORE TRAFFIC SPECIFIC TO CAMPUS ACTIVITIES AND SOME OF THE CAMPUS MASTER PLANNING GOING ON. WE KNOW THERE'S GENERALLY MORE GENERAL AVIATION TRAFFIC AT THE AIRPORT. WE EXPECT TO SEE THAT UPTICK AS, AS DIFFERENT PROJECTS LIKE WILD DUNES CONTINUES TO DEVELOP. TO THE NORTH OF US IN ROSS COUNTY, BUT THE STAKEHOLDERS THAT WE'VE TALKED TO AND WE PRESENTED THIS A SIMILAR PRESENTATION. COLIN SPOKE WITH THE AIRPORT ADVISORY BOARD LAST WEEK. COULD WE EXTEND THE APRON? COULD WE SIMPLY PUT MORE ASPHALT DOWN IN THAT APRON AREA NEAR THE FLIGHT SCHOOL HANGAR TO ACCOMMODATE LARGER AIRCRAFT? AND HOW DOES THAT FIT WITHIN OUR AIRPORT LAYOUT PLAN? IT'S SIMPLY PAVEMENT. IT'S GOT TO BE TO A CERTAIN GRADE AND STRENGTH THAT CAN ACCOMMODATE AIRCRAFT, BUT IT COULD STILL FIT WITHIN THE ENVELOPE OF OUR LAYOUT PLAN AND GIVE US A SHORT TERM SOLUTION TO ACCOMMODATE TRAFFIC. WE WOULD DO IT IN SUCH A WAY THAT IT DOESN'T CONFLICT WITH THE TXDOT RUNWAY PROJECT AND BE IN COMMUNICATION WITH THEM. THERE COULD BE TWO SEPARATE CONTRACTORS. THERE COULD BE THE SAME CONTRACTOR. WE HAVEN'T GOTTEN THAT FAR YET. WHAT WE WANTED TO TELL COUNCIL IS THIS IS A PROJECT THAT ISN'T ALREADY BUDGETED IN FY 26, BUT ONE OF THE OPTIONS THAT THAT WE'LL SEEK AND WE'LL PRESENT TO YOU AND CERTAINLY WELCOME YOUR FEEDBACK ON IS THAT THERE ARE SOME FUNDS WITHIN THE AIRPORT CONSTRUCTION FUND THAT ARE EARMARKED FOR TERMINAL DEVELOPMENT SPECIFICALLY. WE DO HAVE BOND FUNDS, AND THIS DOES CONTRIBUTE TO THE OVERALL TERMINAL DEVELOPMENT PLAN FOR THE AIRPORT. SO BOND BOND FUNDS TO SOME EXTENT COULD BE ELIGIBLE FOR THIS. SO WE WANT TO WORK TOWARDS THAT END. THE INTEREST IN THE APRON. THERE'S AN FBO BUILDING THAT WAS KIND OF PART OF THAT POTENTIALLY PROVIDING A A NICER FACADE FOR FOLKS THAT ARE LANDING AT THE AIRPORT. WE'RE STILL IN DISCUSSIONS WITH STAKEHOLDERS ON WHAT THAT CONCEPT WOULD EVEN LOOK LIKE. WHAT WE WANTED TO SHARE WITH YOU TONIGHT IS REALLY FOCUSING ON THAT EXPANDED APRON AREA. IT'S SIMPLY ADDITIONAL PAVEMENT TO ALLOW FOR MORE PLANES TO PARK ON A TEMPORARY BASIS. IT COULD ACCOMMODATE AND PROVIDE FOR SMOOTHER TRAFFIC AND BACK AND FORTH TAXIING WITH THE FLIGHT SCHOOL, THE STUDENT PILOTS AT THE FLIGHT SCHOOL AND WHAT THEY DO EVERY DAY. AND ON TOP OF THAT, IN DISCUSSIONS WITH STAKEHOLDERS, THERE WAS DISCUSSION ABOUT CONTRACT AIRCRAFT, AIR TRAFFIC CONTROL TOWER. THESE ARE ALL IDEAS THAT WITHOUT SPENDING ANY MONEY, WE'VE BEEN TALKING WITH OUR FEDERAL COUNTERPARTS, TALKING WITH TXDOT AVIATION, TALKING WITH PRIVATE STAKEHOLDERS. AGAIN, COLLINS TAKING THE LEAD ON MUCH OF THAT. AND I KNOW RICK AND I HAVE TAKEN THE LEAD ON SOME OTHER GROUPS. WE'RE TRYING TO SEE WHAT CAN HAPPEN. HOW CAN WE MOVE THIS NEEDLE WITHOUT GETTING OVERWHELMED ABOUT THIS LARGE PRICE TAG FOR CAPITAL IMPROVEMENTS AT THE AIRPORT AS OUR LAYOUT PLAN PROJECTS. WHAT CAN WE DO NOW IN THIS THIS EXTENDED APRON MAY BE THAT FOR US. AND ONE THING BEFORE MIKE WRAPS SOME OF THAT UP INTO SOME OF THE OTHER DETAIL, WE'VE TALKED ABOUT A BUSINESS PLAN. WE'VE TALKED ABOUT THIS AT THE TYPE B FOR THAT VERY REASON FOR THE AIRPORT, BECAUSE IT'S LIKE ANYTHING ELSE. YOU ADD A POOL TO YOUR HOUSE, YOU ADD A SHED, A GARAGE, ANYTHING. IT'S GOING TO HAVE AN O&M COST ASSOCIATED WITH IT, OR IT COULD HAVE A REVENUE BENEFIT. IT COULD ACTUALLY HELP GENERATE REVENUE. SO WHILE WE HAVE POTENTIAL PRIVATE PARTNERS AND FOUNDATION PARTNERS THAT CAN HELP US MOVE [01:05:06] THE NEEDLE ON SOME OF THESE, WE DO ALSO SEE THE NEED WHEN WE START TALKING ABOUT FBO. KEEP IN MIND THAT'S HOW WE PAY THE BILLS OUT THERE IS THE FUEL. SO YOU'VE GOT ONLY SO MANY OPTIONS. YOU'VE GOT YOUR FUEL COSTS, YOU'VE GOT YOUR, YOUR, YOU GOT POTENTIAL LANDING FEES, THINGS LIKE THAT. SO WE DO WANT TO BE COGNIZANT THAT IF WE TOGGLE IT ONE WAY OR THE OTHER, OR EVEN HOW WE FACE PROJECTS COULD DRIVE UP IN THE INTERIM COSTS OR CREATE MORE REVENUE OR BE COST NEUTRAL OR ANY SCENARIO THEREOF. AND WE JUST LIKE THE CONTRACT TOWER. LET'S, LET'S TAKE THAT DISCUSSIONS WITH TEXDOT. WE'VE ALREADY HAD NOT UNTIL YOU EXCEED 100,000 IN VOLUME THERE. RIGHT NOW WE'RE ABOUT 40 BECAUSE OF THE AIRPORT. NOT UNTIL YOU HIT 100,000 WILL FAA CONSIDER PAYING FOR THOSE CONTROLLERS. SO ALL OF THESE ARE HAVE TO BE THOUGHT THROUGH BECAUSE WE DON'T WANT TO LEAVE EVEN BEYOND, YOU KNOW, THERE'S NO SUCH THING AS A PERMANENT CITY MANAGER, BUT YOU DON'T WANT TO LEAVE ANYTHING AS A CONTINGENT LIABILITY OR LEGACY LIABILITY AND NOT THOUGHT THROUGH WHAT HOW THINGS WILL PAY FOR THEMSELVES OR BE PAID FOR LONG TERM. SO I'VE ONLY GOT A COUPLE MORE LEFT JUST GRAPHICALLY. WHAT DOES THAT MEAN? FOR THE EXTENDED APRON ON THE LEFT IN THIS GRAPHIC, YOU'LL SEE WHAT WE PULLED DIRECTLY FROM OUR AIRPORT LAYOUT PLAN. ON THE RIGHT, YOU SEE WHAT THE ALTERNATIVE CONCEPT IS. SIMPLY JUST SURFACE ASPHALT TO ACCOMMODATE PARKING FOR ADDITIONAL AIRCRAFT IN THE FUTURE, THERE COULD STILL BE PLANNING PHASES AS OTHER THINGS DEVELOP WHERE THIS IS DEVELOPED MORE LIKE WHAT THE AIRPORT LAYOUT PLAN SHOWS. ALTHOUGH WITH WITH THE SURFACE AREA, EVERYTHING THAT WE'VE ANALYZED UP TO THIS POINT WE FEEL LIKE IT DOES MEET AIRPORT LAYOUT PLAN CONCEPTS. WE'LL GET CONFIRMATION FROM THAT. OF COURSE, WE'LL BE COMMUNICATING WITH TXDOT FOR THAT AS WELL. COLLINS REFERRED TO IT, AND I THINK OUR CONSULTANT REFERRED TO IT AS PEN AND INK CHANGES. DOESN'T MATERIALLY CHANGE THE DIRECTION WE'RE HEADED, BUT IT DOES GIVE US A SHOT AT ACHIEVING SOME SHORT TERM BENEFIT. AND, AND IT WOULD ALSO EXPEDITE THE PROCESS OF A PROBLEM THAT'S THERE NOW. YES. AGAIN, WE NEVER WANT TO BITE OFF MORE THAN WE CAN CHEW, BUT WE STILL WANT TO MOVE THE NEEDLE. CAN WE DO IT IN A TIME FRAME WHERE THE AIRPORTS ALREADY SHUT DOWN? WE CAN MAXIMIZE OUR TIME AND EFFORT. MOBILIZE A GROUP TO DO IT. AT THE SAME TIME THE RUNWAY IS BEING REHABILITATED. THIS WOULD POTENTIALLY ALLOW US TO DO THAT. AND AND WE CAN MOVE. WE BELIEVE WE CAN MOVE THIS QUICKLY TO TO START AROUND THE SAME TIME. TO BE MORE SPECIFIC, THE OPTIMAL TIME AGAIN WOULD BE DURING THESE INITIAL PHASES OF THE RUNWAY PROJECT, WHICH TEXDOT IS LEADING NOW, THE CITY WOULD BE BIDDING AND MANAGING THE EXPANDED APRON PROJECT AND ENSURING THAT THAT DOES NOT CONFLICT OR OVERLAP WITH TECHSTATS WORK SO THAT THEY CAN STAY ON TIME DOING WHAT THEY NEED TO DO WITH THEIR CONTRACTORS. AND THEN FOR COUNCIL'S INPUT, WE WOULD NEED TO BEGIN SOLICITING ON THE EXPANDED APRON. NOW, WORKING WITH AN ENGINEERING TEAM TO IDENTIFY THE CIVIL ELEMENTS THAT ARE NEEDED, PARTICULARLY THE DRAINAGE. AND THAT'S WHERE BOND FUNDS COULD BE SUPPORTIVE, THAT WE IDENTIFY IF THERE'S A DETENTION POND THAT MAY SERVE THE ENTIRE AIRPORT OR ARE THE CONDITIONS THERE, CAN WE DEVELOP IT IN SUCH A WAY THAT IT DOES? IF THERE ARE LIMITATIONS, WE'LL KNOW THOSE AND WE CAN PIVOT IF WE NEED TO, BUT AT LEAST WE'RE GETTING STARTED ON SOME OF THAT PRELIMINARY WORK, AND IT WILL HELP BENEFIT WHAT OUR INTENTIONS ARE WITH THE EXPANDED APRON. AS FAR AS THE CONTRACT TOWER, I KNOW I MENTIONED THAT AS A AS A CONCEPT. YOU KNOW, IT'S ALREADY ACCOUNTED FOR AS, AS A, AS A LOCATION AND A CONCEPT WITHIN THE AIRPORT LAYOUT PLAN, BUT THERE'S MUCH MORE DISCUSSIONS THAT NEED TO BE HAD THERE. AND ANY TEMPORARY FBO BUILDING OR ADDITIONAL FACADE THAT THAT MAY ACCOMMODATE PILOT OR PILOTS AND POTENTIAL PASSENGERS. WE'RE STILL IN MUCH DISCUSSION ON THAT. THIS IS, THIS IMMEDIATE FOCUS WILL BE THIS APRON. SO THAT WE CAN MIRROR THE TIMELINE THAT TEX-DOT HAS FOR THE RUNWAY PROJECT. THE NEXT STEPS THE TWO, TWO FUNDING OPTIONS AGAIN AS WE CONTINUING DISCUSSION, THIS WILL NARROW THIS DOWN ON WHAT'S APPROPRIATE FOR THIS PARTICULAR PROJECT. WE DO HAVE AIRPORT CONSTRUCTION FUND DOLLARS THAT ARE RESTRICTED FOR TERMINAL AREA PLAN IMPROVEMENTS. THAT'S $225,000. THESE WERE PROVIDED IN 2020 AND 2021 BY THE ELLIOTT FAMILY FOUNDATION. SPECIFICALLY FOR TERMINAL AREA PLAN IMPROVEMENTS. WE HAVE TALKED WITH SOME OF THE FOLKS WITHIN THAT FOUNDATION. IF THIS EXTENDED APRON WOULD BE APPROPRIATE USE OF THOSE DOLLARS. [01:10:06] AGAIN, THERE'S BEEN GENERAL SUPPORT IN THAT DISCUSSION. WE'LL CONFIRM THAT AS WE HAVE TO BY ORDINANCE WITH NOTIFICATION THAT THAT MAY BE OUR INTENT. WE ALSO HAVE THE 1.5 MILLION WITHIN THIS FY 26 BUDGET YEAR. WE'VE SECURED THAT IN TRANCHE TWO TO ALLOW FOR THE AIRPORT TERMINAL DEVELOPMENT FUND. SO A LOT OF THAT WAS CONSIDERED AS POTENTIAL DESIGN MONEY CONSIDERING THE LARGE DOLLAR AMOUNTS FOR THAT. BUT AGAIN, THIS CAN BE A COMPONENT OF THAT AS WE CONSIDER THINGS LIKE DRAINAGE AND EXTENSION OF UTILITIES THAT MIGHT SUPPORT THE ORIGINAL PLAN. AND ONE OF THE FEEDBACK ITEMS THAT WE RECEIVED FROM THE ADVISORY BOARD, AND I BELIEVE COUNCIL MEMBER HUCKABEE WAS PRESENT AT THAT MEETING. THEY SAID, WELL, WE DON'T WANT THIS TO DISTRACT WE DON'T WANT THIS TO TAKE AWAY FROM THE LARGER PLAN, FROM THE BIGGER PLAN THAT'S REALLY OUTLINED IN THE AIRPORT LAYOUT PLAN. THE ULTIMATE TERMINAL DEVELOPMENT PLAN FOR THE AIRPORT. THAT'S STILL WHAT WE'RE WORKING TOWARD. WE BELIEVE THAT'S THE CASE. THIS PROVIDES SOME ELEMENT OF SUPPORT TO TO EVEN JUSTIFY SOME OTHER OTHER ELEMENTS TO TO BOLSTER THAT PLAN. AND STAFF IS CERTAINLY NOT LOOKING TO TAKE AWAY FROM THAT EFFORT. NEXT STEPS FOR THE COUNCIL MAY BE THAT WE EITHER BRING A SERVICES DESIGN CONTRACT OR WE WORK WITH OUR PRIVATE ENTITIES THAT HAVE INTEREST HERE TO SECURE A DESIGN FIRM TO BEGIN THAT PRELIMINARY PROCESS, FIGURE OUT HOW WE DESIGN THE THE ASPHALT FOR THIS APRON AND START TURNING DIRT AROUND THE SAME TIME THAT TEXDOT DOES IN MAY. NO ACTION. BUT ANY FEEDBACK IS WELCOME FROM THE COUNCIL. I KNOW YOU'RE SURPRISED, BUT I HAVE A COUPLE OF QUESTIONS. SO FIRST OF ALL I THINK HOW ARE YOU GOING TO HANDLE THE REQUIREMENT OF THE 50% MATCH ON THE BOND DOLLARS? THERE IS A REQUIREMENT THAT WHAT WE SPEND HAS AT LEAST A 50% MATCH. YES. NOW WE, WE'RE, THERE'S TWO WAYS THAT WE'RE LOOKING AT THAT. WE MAY LOOK AT THAT AS DIRECT PRIVATE FUNDING SUPPORT FOR THE TOTAL COST OF THE EXTENDED APRON. WE ARE. WE BELIEVE WE'RE WE'RE VERY FAR AHEAD ON. PARTICULARLY THE RUNWAY PROJECT. I'LL USE IT AS AN EXAMPLE AS WELL AS THE AIRPORT LAYOUT PLAN. THOSE RECEIVED, I THINK 90% EVEN, EVEN WITH RECENT FEDERAL CHANGES, 95% FEDERAL FUNDING. PULL IT TOGETHER AND CONSIDER THAT THERE MAY BE A PROBLEM. THIS MAY BE ONE OF THE PROJECTS THAT ISN'T MAY NOT BE BY ITSELF 50 OVER 50 FUNDED, BUT TOGETHER WITH, WITH THE, THE OTHER PROJECTS, WE STILL SEE OURSELVES AHEAD OF DOLLARS AND NOT PUTTING MAJORITY OF THOSE DOLLARS FROM OUR GENERAL FUND INTO WHAT WE CAN DO THOUGH, ON, LET'S SAY, LET'S JUST TAKE THE LET'S TAKE THE APRON. I MEAN, I THINK THAT EVEN IF WE'RE USING A 95%, I DON'T EVEN THINK WE NEED TO GO DOWN SOME KIND OF SMOOTHING AVERAGING. I THINK WE CAN GO COMPLETELY TO THE LETTER OF THE BOND AND SAY, WE WILL. WE CAN DO UP TO X FOR THAT PHASE. AND THEN REQUEST THAT THE FOUNDATION OR PRIVATE SIDE COVER IT BECAUSE AGAIN. I'M NEGOTIATING ALWAYS, BRAD, FROM A POSITION OF WEAKNESS. I'M TALKING ABOUT US NOT HAVING UNLIMITED FUNDS. AND I THINK THAT THAT I THINK WE CAN STRETCH OUR MONEY FURTHER. THAT WAY WE'RE NOT BROKE, BUT WE'RE WEAK. AND AND ACTUALLY THAT THAT IS, THAT WAS THE INTENT THAT EVERY, EVERY DOLLAR BROUGHT BACK AT LEAST, YOU KNOW, A MATCHING DOLLAR. SO YES. AND SO THAT'S WHY, I MEAN, IT WAS PART OF THE MOTION. SO YES. AND WE ARE VERY SENSITIVE TO COUNCIL'S INTEREST IN THAT. WHETHER WE CAN ACHIEVE THAT FOR THIS PARTICULAR PROJECT IT COULD BE MORE THAN 50%. WE DON'T HAVE THOSE COSTS YET. WE KNOW FOR SURE THE THE DESIGN WORK. WE'RE WORKING ON PRIVATE SUPPORT TO ACHIEVE THAT IN A VERY SHORT TIME FRAME. SO WE CAN CERTAINLY BRING BACK TO COUNCIL WHAT THOSE NUMBERS LOOK LIKE, EVEN FOR THE BOND FUNDS THAT WE'VE SECURED FOR THIS FISCAL YEAR. AND I'LL ADD I'LL ADD THIS, I THINK IN ANY OF THESE AGREEMENTS, YOU KNOW, EVEN THE OTHER ITEM WE WERE TALKING ABOUT, WE CAN WE CAN KIND OF OUT, WE CAN LAY OUT OUR NOT TO EXCEED AMOUNT ON OUR PART OR WHAT WE WILL TRY TO ACHIEVE IN TERMS OF FEDERAL OR STATE FUNDS, BUT THAT THAT DELTA, WE WON'T, YOU KNOW, WE CAN'T WE CAN ONLY COVER UP TO SO MUCH EITHER BECAUSE OF THE BOND COVENANTS OR BECAUSE OF FUNDING LIMITATIONS OR JUST GENERAL GOOD BUSINESS PRACTICES TO MAKE SURE THAT WE'RE NOT THE OVERLEVERAGED PARTY. AND JUST TO CLARIFY, WE HAD HOPED THAT IT WOULD BE 90%, YOU KNOW, THAT THAT IT WOULD BE A 9010. AND WE WERE BEING VERY GENEROUS IN SAYING, OKAY, WE'LL DO 5050. SO IT WOULD BE VERY HELPFUL THAT EACH PROJECT HAD AT LEAST THAT MUCH. [01:15:06] WELL, THAT 95 IS WHAT THE LEGISLATION WAS TWEAKED IN THE PRIOR SESSION. SO THE RUNWAY I THINK IS A 95 INSTEAD OF 90 IN TERMS OF STATE. THIS WILL BE A LITTLE DIFFERENT. WE WON'T THIS WILL NOT BE A STATE OR WE KNOW THIS WILL NOT BE A STATE OR FEDERALLY FUNDED PROJECT. SO OUR EFFORTS REALLY WILL BE IN ENGAGING OUR STAKEHOLDERS TO PROVIDE SOME SUPPORT. THERE'S ONE OTHER THING THAT I WAS IN A PUBLIC MEETING AND I THINK SOMETHING WAS SAID ABOUT, YOU KNOW, MANAGING AND WISHING WE HAD DONE SOME THINGS A LITTLE BIT EARLIER. I STARTED THINKING ABOUT THIS AND WE ACTUALLY HAVE THE SAME STAFFING THAT WE HAVE HAD TO MANAGE THE WHOLE CITY. AND IN ADDITION TO MANAGING A CITY, WE ARE NOW DOING SIGNIFICANT ECONOMIC DEVELOPMENT. WE'RE MAKING SIGNIFICANT PROGRESS IN A TON OF AREAS. AND INCLUDING THE BOMBS THAT WE JUST DID ALL THAT. AND I REMEMBERED WHAT HAPPENED SEVERAL YEARS AGO IN A PREVIOUS CITY MANAGER WAY BACK ONE OF THE FOUNDATIONS SAID, WAIT A MINUTE, THIS IS, THIS IS A LOT TO DO TO MANAGE COMMUNICATIONS AND TO MANAGE FOUNDATION DOLLARS, TO MANAGE GRANT DOLLARS TO DO PROJECT MANAGEMENT OF THE THINGS THAT THESE FOUNDATIONS WANT TO DO. AND THIS PARTICULAR FOUNDATION, I'M NOT GOING TO MENTION IT BECAUSE I DON'T KNOW, THEY MAY SHOOT ME, BUT THEY ACTUALLY FUND IT A POSITION. AND THAT POSITION WAS BOTH GRANT WRITING, GRANTS, MANAGEMENT, COMMUNICATION AND REALLY AND REALLY PROJECT MANAGEMENT KINDS OF THINGS THAT INCLUDED THEIR DOLLARS. AND I WOULD THINK THAT THAT THE NUMBER OF FOUNDATIONS, NOT JUST FOUNDATIONS, BUT THE PRIVATE ENTITIES, THE DONORS MIGHT WANT TO RIGHT NOW FUND THAT POSITION. IT DIDN'T WORK OUT THAT WELL BECAUSE THE CITY MANAGER LEFT. AND THEN THERE WAS AN INTERIM CITY MANAGER AND AND, BUT I WOULD THINK YOU MIGHT, I'M JUST, THIS IS JUST AN IDEA BECAUSE THE SAME FOUNDATION MAY WANT TO DO IT. I MEAN, I HAVE EVER MENTIONED TO HIM AND YOU ALL, I COULD GIVE YOU THE INFORMATION, BUT WE NOW HAVE THE CAPACITY TO OVERSEE SOMEBODY IN THAT POSITION AND TAKE AT LEAST SOME OF THE BURDEN. I WAS THINKING ABOUT YOU MANAGING ALL OF THESE THINGS, INCLUDING ALL THE ROADS AND THE, YOU KNOW, THE SEWER LINES AND THE, YOU KNOW, IT WOULD TAKE SOME PRESSURE OFF OF YOU. WE WE'VE TALKED ABOUT A GRANT ADMINISTRATOR EMBEDDED IN FINANCE WHERE IT'S LESS ABOUT GOING AFTER THE MONEY. IT'S AS MUCH ABOUT BEING REALLY THE ADMINISTRATOR AND MAKING SURE ALL YOUR DIFFERENT BOXES ARE CHECKED FROM CDBG TO THE OKAY. THIS WOULD BE EDA. THEN WE'RE DEALING WITH FAA AND COORDINATING BETWEEN THE IMPLEMENTERS OR THOSE THAT ARE WORKING ON THE PLAN SETS, FINANCE, AND THEN THE REQUISITE FEDERAL OR STATE AUTHORITIES. SO I WOULD ADD SOME KIND OF ACCOUNTABILITY BACK, AND IT COULD BE FINANCIAL. THIS IS WHERE YOUR DOLLARS WENT. THIS IS WHAT WE DID WITH IT BACK TO LOCAL FOUNDATIONS. AND THAT MAKES IT A PALATABLE KIND OF FUNDING FROM A FOUNDATION BECAUSE, YOU KNOW, WE'RE ALREADY TALKING ABOUT HOW BROKE WE ARE AND, YOU KNOW, AND SO, SO I, I DO THINK IT'S POSSIBLE THEY TRIED IT BEFORE. IT WOULD HAVE BEEN SUCCESSFUL IF WE HADN'T BEEN IN TRANSITION. IT'S A REALLY GOOD IDEA AND IT HELPS THEM. IT HELPS THESE FOUNDATIONS HAVE A LITTLE. WE'RE NOT BROKE. WE'RE FRUGAL. WELL, AND I'LL ADD THAT DEPENDING ON THE GRANT AND CERTAIN CDBG, CDBG GRANTS CONSTRUCTION SPECIFIC CAN PROVIDE FOR THIS. THERE ARE OTHER LARGE DOLLAR GRANTS THAT CAN PROVIDE FOR THE CITY ACTUALLY ABSORBING THE GRANT ADMINISTRATION DOLLARS, RATHER THAN US SOLICITING A THIRD PARTY TO MANAGE THOSE. AGAIN, THERE'S A CERTAIN TRAINING REQUIREMENT, A CERTAIN THRESHOLD THAT AN ORGANIZATION, THROUGH ITS EXPERT STAFF WOULD HAVE TO ACHIEVE TO ACQUIRE THAT. THAT COULD BE A SELF-FUNDING ELEMENT. BUT AND WE MAY, WE MAY BE LOOKING AT THAT IN THE NEAR FUTURE. THAT MAY BE SOMETHING THAT WE CONSIDER, BUT CERTAINLY WE ARE SEEKING ENOUGH OUTSIDE FUNDS WHERE IT'S IMPORTANT THAT WE, WE ARE ABLE TO MASTER JUGGLE LIKE, LIKE CASEY AND COLIN DO EVERY DAY THESE IN THE RIGHT WAY SO THAT WE DON'T, WE DON'T MISS CROSSING A T OR DOTTING AN I. WE WANT TO MAKE SURE WE'RE DOING IT RIGHT. AND WE HAVE AN EXCEPTIONAL STAFF THAT IS DOING IT RIGHT SO FAR. [01:20:01] THAT'S RIGHT. AND WE DON'T WANT TO GET OVERWHELMED EITHER. SO WE'LL BE STRATEGIC ABOUT THAT. FOR THIS SPECIFIC ITEM, THIS EXTENDED APRON THAT WE INTEND TO, TO MOVE FORWARD WITH YOUR SUPPORT, WE INTEND TO MOVE FORWARD. THIS IS MORE NEGOTIATING WITH OUR PRIVATE FUNDING SOURCES, WITH, WITH STAKEHOLDERS THAT HAVE A VESTED INTEREST IN SEEING THIS SEEING MOVE THE NEEDLE ON THE AIRPORT CONSTRUCTION ON AIRPORT IMPROVEMENTS IN OTHER ELEMENTS WILL CONTINUE TO SEEK FEDERAL GRANT DOLLARS AND STATE GRANT DOLLARS, AS WE ALWAYS DO. OKAY. BUT REMEMBER THESE THIS ACTUALLY WAS IN RELATION TO THE AIRPORT AND ABOUT PRIVATE FUNDING. SO IT'S JUST SOMETHING TO KEEP IN MIND. THANKS FOR LISTENING. THANK YOU ABOUT THAT. ANY OTHER QUESTIONS? COUNCIL. COLIN, ARE YOU IN SUPPORT OF ALL THIS? DO YOU FEEL GOOD ABOUT IT? OH, YEAH. JUST GIVE US A LITTLE REASSURANCE. SURE. YEAH. COLIN SMITH, AIRPORT MANAGER. YEAH, I MEAN, LIKE MIKE SAID WE HAVE THAT AIRPORT LAYOUT PLAN AND A LOT OF COST ESTIMATES WITH THAT AND IT GAVE US A PLAN. BUT IT'S, IT'S GOING TO TAKE TIME TO PUT TOGETHER OUR ULTIMATE GOALS. A LOT OF THOSE GOALS WILL BE MY PREDECESSOR'S PREDECESSOR, BUT WE NEED TO START BUILDING THAT TODAY. AND THE EXPANDED APRON WILL HELP IN THE INTERIM AS WE REALIZE THAT THESE BIGGER GOALS ARE GOING TO TAKE LONGER. THE, THE FUNDING THAT WE'RE CHASING IS, IS HIGHLY COMPETITIVE. AND I'M GLAD YOU DID IT AT 5050, NOT 90 BECAUSE THOSE ARE, I MEAN, YOU GET THOSE KIND OF MONIES FOR SAFETY SAFETY ITEMS LIKE RUNWAYS. YEAH, THE FURTHER THEY, AND YOU CAN ASK TEXDOT, THE FURTHER AWAY FROM THE CENTER LINE OF THE RUNWAY YOU GET THE LOWER THE PARTICIPATION. SO WE'RE EASING OUT TOWARDS OUR PARKING AND, AND AIRPORT OFFICE. CALL IT A TERMINAL. AND SO THOSE DOLLARS GO DOWN THERE. THEY'RE EVEN MORE HIGHLY COMPETITIVE. WE PUT OUR NAME IN THE HAT FOR MULTIPLE GRANTS. WE'VE GOT SOME COMMITMENTS HARD AND SOME SOFT, BUT THEY'RE, THEY'RE THEY'RE MULTI-YEAR. ONE OF THEM IS 20, 28. ONE OF THEM IS PROSPECTIVELY 2030. SO THIS APRON THAT, THAT MIKE MENTIONS HELPS US FACILITATE. I TOLD THE BOARD THE OTHER DAY, WE CAN LAND A JET EVERY 2 OR 3 MINUTES AT THE AIRPORT, BUT IT DOESN'T MATTER IF I CAN ONLY PARK THREE OF THEM. RIGHT? AND THAT'S THE BIGGER THEY GET. THAT'S THAT'S THE REALITY. AND WHEN I HAVE THREE THERE, IT MAKES IT HARD FOR THE THE LOCALS TO GET IN AND OUT INTO THE RUNWAY. IT'S A BOTTLENECK. AND YOU CAN ASK ANY OF THEM. I THINK YOU HAVE. SO YES, THIS APRON IS, IS VERY WILL BE VERY HELPFUL. WILL IT STAY AS A PART OF THE PLAN OR IS IT A TEMPORARY SITUATION? I THINK WE CAN WE CAN REPURPOSE IT FOR A LOT OF THINGS IN THE FUTURE, PREDOMINANTLY PROBABLY THE GROWTH OF THE FLIGHT SCHOOL. IT WOULD BE THE NATURAL PROGRESSION. IN FACT, IN OUR ALP, IN THIS EXHIBIT UP HERE, YOU SEE IT'S A LINE OF, OF AIRCRAFT STACKED PARKED THERE THAT THAT WILL BE NECESSARY FOR THE FLIGHT SCHOOL WHEN WE BUILD WHAT'S ON THE NORTH AT THE TOP OF THAT PAGE, WHEN WE START DEVELOPING NORTH OF THERE, IT PUSHES WHERE THEY THEY PARK TODAY INTO THE AREA THAT WE'RE GOING TO GO AHEAD. WE'RE ASKING TO PAVE NOW. SO YEAH, IT'S IT'S PART OF THE PLAN. IT, IT WILL HELP ACCOMMODATE THEM. AND THEN REALLY THE SKY'S THE LIMIT. WHAT WE DO WITH THAT AFTERWARDS, IT DOESN'T MEAN WE CAN'T CUT OUT A LITTLE PATCH AND PUT A BUILDING AND, AND START DEVELOPING SOME, YOU KNOW, VERTICAL TAKEOFF AND LANDING TYPE BUSINESS OR SOMETHING LIKE THAT. IT, I DON'T THINK IT GOES TO WASTE. NO, SIR. GOOD. THANK YOU. YOU'RE WELCOME. ANY MORE QUESTIONS? ANY OTHER QUESTIONS? NOT THAT CONCLUDES THE REGULAR AGENDA. WE'LL GO INTO EXECUTIVE SESSION NOW PURSUANT TO TEXAS GOVERNMENT CODE SECTION [7. EXECUTIVE SESSION: Executive Sessions are for City Council to receive information and deliberate on matters specified in Subchapter D of the Texas Open Meetings Act. Council may reconvene in open session to vote on the matter.] 551.071. WE WILL ADJOURN AND BE BACK AS SOON AS POSSIBLE. THANK YOU VERY MUCH. OKAY. WE'RE RETURNING FROM EXECUTIVE SESSION AT 717 AND PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071. NO ACTION TAKEN. THIS CONCLUDES THIS MEETING. AND GOD BLESS THE GREAT CITY OF NACOGDOCHES, TEXAS. THE THREE P'S. * This transcript was compiled from uncorrected Closed Captioning.