6.A. Receive and accept the Annual Financial Audit for the fiscal year ending September 30, 2025, prepared by independent auditors Pattillo, Brown & Hill, LLP. (Pattillo, Brown & Hill, LLP)

[6.A. Receive and accept the Annual Financial Audit for the fiscal year ending September 30, 2025, prepared by independent auditors Pattillo, Brown & Hill, LLP. (Pattillo, Brown & Hill, LLP) ]

ITEM SIX A RECEIVE AND ACCEPT THE ANNUAL FINANCIAL AUDIT FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH, 2025, PREPARED BY INDEPENDENT AUDITORS PATTILLO BROWN AND HILL LLP. THANK YOU, MAYOR AND COUNCIL.

TODD SIMONEAUX, INTERIM FINANCE DIRECTOR.

BEFORE I ASK THE AUDITOR TO COME UP AND GIVE HIS REPORT, I JUST WANTED TO GIVE MY OWN PERSONAL COLOR ON THIS PAST AUDIT.

SO JUST SO EVERYONE KNOWS I'VE BEEN INVOLVED IN MUNICIPAL AUDITS FOR OVER 30 YEARS.

IN THE LAST THREE YEARS HERE WITH THE CITY OF NACOGDOCHES.

AND I CAN HONESTLY SAY THAT FROM MY POINT OF VIEW, JUST TO GIVE YOU SOME COLOR, THIS WAS PROBABLY ONE OF THE SMOOTHEST, CLEANEST AUDITS THAT I'VE BEEN A PART OF.

AND IT WAS TIMELY ALSO.

AND THERE'S A COUPLE OF REASONS FOR THAT IN MY OPINION.

ONE IS THAT WE HAVE EXCELLENT STAFF HERE.

IT'S DEFINITELY A TEAM EFFORT COMPILING THIS AUDIT.

IT'S OVER 100 PAGES LONG, AS YOU CAN SEE.

BUT WE GOT REALLY GOOD STAFF HERE.

AND EVEN THOUGH IT'S A TEAM EFFORT, A LOT OF THE HEAVY LIFTING WAS DONE BY KEVIN AND ABBY IN MY DEPARTMENT.

SO I JUST WANT TO PUBLICLY ACKNOWLEDGE THEIR EFFORTS.

KEVIN'S DONE A GREAT JOB HERE AT THE CITY IN A SHORT AMOUNT OF TIME, UPDATING AND UPDATING THE PROCESSES OF ACCOUNTING AND AUTOMATING THOSE PROCESSES.

AND THEN ABBY'S DONE WONDERS ON RECONCILING OUR BOOKS.

SOME OF THE CLEANEST BOOKS THAT I'VE SEEN HERE FOR SURE.

SO I JUST LIKE I SAID, I JUST WANT TO ACKNOWLEDGE THEIR HARD WORK ON THIS AUDIT. ANOTHER REASON IS WE CAN DO EVERYTHING PERFECT ON OUR END, BUT IF WE DON'T HAVE A GOOD WORKING RELATIONSHIP WITH OUR AUDITOR, THEN IT DOESN'T. IT DOESN'T MANIFEST TIMELY.

AND SO I WANT TO THANK OUR AUDIT FIRM FOR BEING SO COOPERATIVE IN THE ONSET OF THE AUDIT, WE GAVE THEM A SET TIMELINE AND DEADLINES TO ADHERE TO, AND THEY MET EVERYTHING WITHOUT HESITATION. SO WE APPRECIATE THEIR EFFORTS TOO.

THE OTHER THING I'D LIKE TO MENTION IS THAT WE JUST FOUND OUT ABOUT SIX WEEKS AGO, AND IT'S BECAUSE THE APPROVAL PROCESS IS SO LONG.

WE JUST FOUND OUT ABOUT SIX WEEKS AGO THAT THE AUDIT REPORT THAT WE SUBMITTED LAST YEAR MET THE CRITERIA TO BE AWARDED THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION.

AND SO THAT'S A GREAT ACCOMPLISHMENT ALSO.

AND WE AND WE BELIEVE THAT THE AUDIT THAT'S BEFORE YOU TONIGHT WILL MEET THE SAME CRITERIA AND RECEIVE THE SAME AWARD NEXT YEAR.

SO WITH ALL THAT BEING SAID, I'D LIKE TO GO AHEAD AND ASK JOHN MANNING HE'S, THE AUDIT PARTNER WITH OBROWN AND HILL TO COME UP AND GIVE HIS REPORT.

THANK YOU, THANK YOU. THANK YOU, TODD MAYOR AND COUNCIL, WE APPRECIATE YOU LETTING US BE HERE TONIGHT. I'M HERE TO GO OVER THE AUDIT REPORT, WHICH YOU HAVE IN FRONT OF YOU. AND I THINK YOU'VE HAD THE WORKING DRAFT IN YOUR PACKET.

SO YOU ALL HAVE HAD A CHANCE TO LOOK AT IT.

I KNOW YOU ALL HAVE A LONG AGENDA.

I'M JUST GOING TO TRY TO HIT SOME OF THE HIGHLIGHTS AND JUST GO OVER SOME OF THE THINGS REITERATE SOME OF THE THINGS THAT TODD SAID AND JUST GO OVER A LITTLE BIT OF THE FINANCIAL INFORMATION. DON'T BE SCARED.

LOOK AT PAGE ONE. THAT DOESN'T MEAN I'M GOING TO GO THROUGH EVERY PAGE, BUT THIS IS THE REASON THAT WE WERE HERE.

THIS IS OUR INDEPENDENT AUDITORS REPORT AND WE'RE ABLE TO OFFER AN UNMODIFIED OPINION, MEANING WE DID NOT HAVE TO MODIFY OUR OPINION FOR THINGS THAT THE CITY WASN'T KEEPING TRACK OF. FOR INSTANCE, WE HAVE IN A LOT OF OUR SMALLER CITIES, THEY DON'T HAVE THE MANPOWER TO KEEP UP WITH THINGS LIKE CAPITAL ASSETS OR THEIR CONTROLS ARE REALLY POOR, SO TRYING TO COME UP WITH THE NUMBERS IS A LOT MORE CHALLENGING THAN IT IS HERE. SO WE DIDN'T HAVE ANY OF THAT.

SO WE'RE ABLE TO OFFER THE UNMODIFIED OPINION HERE.

AND I KNOW THAT YOU GUYS GO OUT FOR DEBT FROM TIME TO TIME.

YOU ALSO GET GRANTS. THAT'S THE FIRST THING THAT THOSE PEOPLE TURN TO IS THE UNMODIFIED OPINION. AND YOU KNOW, IT'S THE BEST OPINION THAT WE CAN GIVE.

YOU ALL HAD IT IN THE PAST.

AND THE THING IS, WE DO WORK WITH FINANCE A LOT, PREDOMINANTLY THE WHOLE TIME TO GET THIS DONE.

BUT THE CONTROL PROCESS IS THAT YOU GUYS PUT OUT AND THAT MANAGEMENT PUTS OUT HAVE TO BE USED BY ALL DEPARTMENTS OR THEY DON'T WORK.

SO THE FACT THAT WE'RE HERE WITH AN UNMODIFIED OPINION HAS A LOT TO DO WITH FINANCE, BUT IT ALSO HAS A LOT TO DO WITH EVERYBODY ELSE THAT'S INVOLVED.

PEOPLE TAKING MONEY FOR WATER BILLS, MAKING SURE THAT ADJUSTMENTS ARE DONE RIGHT.

[00:10:03]

JUST THERE'S AN ENDLESS LIST OF THINGS THAT GO ON.

SO ALTHOUGH IT'S ONLY THREE PAGES AND YOU'VE HAD IT IN THE PAST, I JUST WANT TO POINT OUT THAT A LOT OF WORK GOES INTO GETTING AN UNMODIFIED OPINION.

SO PAGE FOUR IS YOUR MANAGEMENT'S DISCUSSION AND ANALYSIS.

AND THE CITY DOES A REALLY GOOD JOB OF, OF BEEFING THIS UP AND PROBABLY PUTTING MORE IN HERE THAN YOU REALLY NEED TO. BUT THIS IS FOR PEOPLE THAT DON'T DO WHAT TODD AND I DO ALL DAY, WHICH IS LOOK AT FINANCIAL STATEMENTS. THEY TAKE THE FINANCIALS AND BREAK THEM DOWN INTO MORE MANAGEABLE PIECES AND KIND OF NARRATIVELY WALK YOU THROUGH WHAT HAPPENED DURING THE YEAR. SO WHEN YOU LOOK AT, FOR INSTANCE, PAGE SIX, THIS IS REALLY THE ONLY PLACE ANYMORE WHERE YOU HAVE COMPARATIVE INFORMATION.

AND THAT'S PART OF OUR PROCESS.

YOU PROBABLY HEAR AUDITORS TALK ABOUT, WELL, WHAT DID IT LOOK LIKE LAST YEAR? WELL, THAT THAT'S WHAT WE DO.

A LOT OF WHAT WE DO. WE LOOK AT LAST YEAR, LOOK AT THIS YEAR.

AND IF THERE'S LARGE VARIANCES WE GO SUBSTANTIATE WHAT THOSE VARIANCES ARE FOR.

SO IF YOU GO THROUGH HERE AND LOOK LIKE IN YOUR GOVERNMENTAL ACTIVITIES COLUMN HERE AT THE THAT TABLE ON PAGE SIX, YOU CAN SEE THAT CASH FROM UP 13 MILLION.

WE ALL HAD ISSUED SOME BONDS.

SO THOSE FUNDS CAME IN IN CASH THAT CREATED, YOU KNOW, YOUR ASSETS GETTING HIGHER THERE.

AND IF YOU GO DOWN TO LONG TERM LIABILITIES, YOU CAN SEE THAT THOSE WENT UP AS WELL BECAUSE THE DEBT THAT IS ASSOCIATED WITH THAT CASH IS NOW IN THE BOOKS.

SO WE'LL SEE THAT CASH FLOW OUT INTO THE FORM OF THE CAPITAL PROJECTS THAT YOU GUYS ISSUED THOSE BONDS FOR. SO THAT'S THE KIND OF RELATIONSHIPS WE'RE LOOKING AT.

AND THAT'S WHERE THIS DOCUMENT, I THINK IS ONE OF THE MORE MEANINGFUL THINGS IN THE REPORT. GO OVER TO PAGE SEVEN AND EIGHT.

YOU CAN SEE. REVENUES VERSUS EXPENDITURES AND THE DIFFERENT METHODS OF ACCOUNTING THAT ARE USED IN THIS REPORT. YOU CAN SEE THAT WHEN YOU LOOK AT WHY PROPERTY TAXES AND WHY THOSE THINGS DRIVE THESE THESE EXPENDITURES.

YOU CAN SEE HOW MUCH THE EXPENDITURES FOR PUBLIC SAFETY ARE AND WHAT KIND OF REVENUES THEY CAN REALLY GENERATE. SO THIS DOCUMENT HERE OR THIS PART OF THE REPORT REALLY GIVES A LOT OF OF DETAIL. IF YOU LOOK OVER ON PAGE TEN, IT GIVES DETAILS OF YOUR CAPITAL ASSETS, LONG TERM DEBT, A LOT OF THINGS THAT PEOPLE KEY ON WHEN THEY'RE LOOKING AT A CITY'S FINANCIAL. SO I KNOW YOU'LL HAVE LIMITED TIME, BUT THIS, I THINK, DOES A REALLY GOOD JOB OF TAKING THE WHOLE REPORT AND KIND OF ENCAPSULATING IT INTO SOMETHING THAT'S A LITTLE BIT MORE EASY TO READ OR EASY TO DIGEST THAN, THAN WHAT WE'RE LOOKING FOR.

IF YOU'RE LOOKING THROUGH THE WHOLE SET OF FINANCIALS, BUT WITH THAT, IF YOU LOOK AT PAGE 12. THIS IS, YOU KNOW, GATSBY, 34, CAME OUT ABOUT 15 YEARS AGO, AND NOW THEY MAKE US HAVE TWO SETS OF ACCOUNTING IN THESE REPORTS.

SO THIS COLUMN ON THE LEFT, IT'S CALLED GOVERNMENTAL ACTIVITIES.

THIS IS ESSENTIALLY YOUR GENERAL FUND AND DEBT SERVICE FUND.

ALL THOSE GOVERNMENTAL FUNDS ALL ROLLED UP INTO ONE WITH CAPITAL ASSETS AND LONG TERM DEBT. ADDED YOUR NEXT COLUMN YOUR BUSINESS TYPE ACTIVITIES.

THAT'S WATER, SEWER, AIRPORT AND THOSE FUNDS ROLLED UP INTO ONE.

THEY'RE CALLED BUSINESS TYPE BECAUSE THEY'RE CHARGED FOR SERVICE.

THEY'RE MEANT TO MAKE MONEY AND COVER THE COST OF THOSE OPERATIONS. I'M GOING TO GO OVER THE NUMBERS A LITTLE BIT MORE ON THE FUN LEVEL THAT WE'RE USED TO IN JUST A SECOND.

BUT ONE THING THAT I LIKE TO POINT OUT IS IF YOU GO TO THE BOTTOM OF THIS FINANCIAL STATEMENT, YOU CAN SEE THAT NET POSITION AREA.

NET POSITION IS ESSENTIALLY IF YOU LIQUIDATED ALL OF YOUR ASSETS AND PAID ALL OF YOUR LIABILITIES, WHAT WOULD BE LEFT? AND IF YOU LOOK DOWN HERE, ALL OF THOSE DIFFERENT CATEGORIES ARE POSITIVE, MEANING THERE ARE MORE ASSETS AND LIABILITIES THERE.

NOW, I DON'T WANT YOU TO THINK THAT YOU HAVE $61 MILLION OF GOVERNMENTAL ACTIVITIES TO SPEND. THOSE NUMBERS ARE A LOT BIGGER HERE BECAUSE THEY INCLUDE CAPITAL ASSETS, YOUR ROADS, YOUR BUILDINGS, THOSE TYPE OF THINGS, WHICH MAKES THOSE NUMBERS BIGGER. BUT I JUST WANTED TO KIND OF GO OVER THE FACT THAT WHEN YOU LOOK AT THIS FINANCIAL STATEMENT, IT DOES LET THE READERS KNOW THAT THERE IS SOME FINANCIAL STABILITY HERE.

IF YOU GO OVER TO PAGE 15 AND 16, THE CITY HAS THREE FUNDS WHICH MEET THE MAJOR FUND CRITERIA, MEANING WE HAVE TO SPLIT THEM OUT AND SHOW THEM SEPARATELY AS THEIR OWN FUND. AND THAT'S YOUR GENERAL FUND, YOUR SPECIAL GRANTS FUND, AND YOUR CAPITAL PROJECTS FUND.

AND REALLY, WHEN YOU LOOK AT PAGES 15 AND 16 AND YOU LAY THEM ACROSS, ONE OF THE THINGS THAT WHEN WE'RE AUDITING, WE LOOK AT RISK.

AND SO WHEN YOU HEAR ALL THE HORROR STORIES ABOUT FINANCIAL STATEMENTS BEING WRONG, USUALLY IT'S BECAUSE THEY HAVE COMPLEX ITEMS IN THEM THAT A LOT OF PEOPLE AREN'T USED TO AUDITING. THAT'S NOT WHAT THE CITY HAS.

IF YOU GO TO THE TOP HERE, YOU LOOK, THERE'S ABOUT ALMOST $59 MILLION OF TOTAL ASSETS HERE, 51.4 OF IT ARE CASH AND INVESTMENTS, WHICH WE SEND CONFIRMATIONS TO.

SO WE DON'T JUST GET BANK RECS AND BANK STATEMENTS FROM THE CITY SAYING THIS IS THE MONEY WE HAVE. WE ACTUALLY SEND A CONFIRMATION TO THE BANK.

THEY SEND IT DIRECTLY BACK TO US. THE CITY DOESN'T GET IT.

AND WE VERIFY THAT THOSE FUNDS ARE THERE AND IN THE NAME OF THE CITY.

SO THAT'S A LARGE CHUNK OF YOUR INVESTMENTS OR CASH THAT ARE VERY LOW RISK PROPERTY TAXES RECEIVABLE COLLECTED BY THE COUNTY.

WE GET THEIR REPORTS. WE LOOK AT THEIR INTERNAL CONTROLS.

THEY GIVE US A REPORT SAYING WHICH PROPERTY TAXES HAVEN'T BEEN PAID.

WE MAKE SURE THOSE NUMBERS ARE RIGHT. ANOTHER BIG NUMBER HERE IS YOUR SALES TAX RECEIVABLE.

[00:15:03]

IF YOU REMEMBER SALES TAX ARE PAID TWO MONTHS IN ARREARS.

SO WE HAVE TO TAKE THE OCTOBER AND NOVEMBER STATEMENTS AND ACCRUE THEM BACK IN TO GET THE MONTHS TO MATCH. THAT'S ANOTHER RECEIVABLE.

WE CAN AUDIT PROPERTY.

I MEAN SALES TAXES AND PROPERTY TAXES PROBABLY IN A DAY.

AND THAT MAKES UP A LARGE CHUNK OF YOUR GOVERNMENTAL REVENUE.

AND WE GET ALL THAT INFORMATION FROM THIRD PARTIES.

WE DON'T HAVE TO RELY NECESSARILY JUST EVERYTHING INTERNALLY FROM THE CITY.

SO THAT'S WHAT WE LOOK AT WHEN WE LOOK AT RISK.

SAME THING WITH YOUR LIABILITIES. I MEAN YOUR BIGGEST LIABILITY HERE IS ACCOUNTS PAYABLE, WHICH IS REALLY SERVICES THAT WERE DONE FOR THE CITY PRIOR TO 930, BUT NOT PAID FOR TILL AFTER.

WE RUN A VERY EASY TEST. WE LOOK AT EVERY CHECK WRITTEN AFTER YEAR END OVER A CERTAIN AMOUNT. GET THE CORRESPONDENCE AND MAKE SURE THAT THOSE CUT OFF IS BEING DONE.

WHERE WE HAVE HAD SOME CITIES THAT IF THEY DON'T HAVE THE BUDGET, THEY TRY TO GET THINGS DONE AND MOVE IT TO ANOTHER YEAR OR VICE VERSA.

SO WE REALLY HIT THAT AREA HARD AND WE DID NOT HAVE ANY ISSUES THERE WITH WHAT WE TESTED FOR ACCOUNTS PAYABLE. SO THAT WAS YOUR BALANCE SHEET.

THAT'S ONE DAY IN TIME.

THAT'S SEPTEMBER 30TH.

IF YOU FLIP THE PAGES 18 AND 19.

THIS IS AN INCOME STATEMENT.

IT'S GOT A FANCIER NAME IN HERE.

BUT WE ALL KNOW IT'S CALLED AN INCOME STATEMENT.

SO THIS IS THIS IS A 12 MONTH SUMMARY OF REVENUES AND EXPENDITURES.

AND LIKE I SAID, THAT STATEMENT BEFORE WAS ONE DAY.

THIS IS 12 MONTHS. SO IF YOU LOOK HERE, LIKE I MENTIONED, YOU HAVE 31.1 MILLION OF TOTAL REVENUES.

LOOK AT THOSE TOP TWO THERE, ALMOST $22 MILLION OF THAT NUMBER WE GET DIRECTLY FROM A THIRD PARTY.

SO WE KNOW THAT THOSE NUMBERS ARE CORRECT.

SO WHAT I'M TRYING TO GET AT HERE IS THERE'S NOT A LOT OF RISK IN THESE CITY FINANCIALS OF, OF VALUING NUMBERS THAT TAKE A LOT OF GUESSWORK.

I MEAN, I GET A REPORT FROM THE STATE AND IT TELLS ME THEY SENT YOU THIS MUCH IN SALES TAX. I GO TO THE GL LOOK, IT'S ALL THERE.

IT'S NOT VERY HARD TO DO.

THE OTHER THING IS IF YOU LOOK DOWN HERE, ONE OF THE THINGS THAT WE LIKE TO LOOK AT IS, IS YOU KNOW, FINANCIAL FLEXIBILITY AND RESERVES.

AND IF YOU GO IN YOUR GENERAL FUND, IT'S A LITTLE OVER 19.3 MILLION WAS THE ENDING FUND BALANCE IN THE GENERAL FUND? YOU KNOW, ON TOTAL EXPENDITURES OF ABOUT OVER 32 MILLION.

SO THERE'S GOOD RESERVES THERE IN THE GENERAL FUND.

YOU KNOW, I THINK SOMETIMES PEOPLE LOOK AT GENERAL FUND BALANCE AND SAY, WELL, YOU KNOW, ON THIS DAY, WHY DO YOU HAVE SO MUCH FUND BALANCE? THEY DON'T KNOW THAT AFTER THE PROPERTY TAX MONEY QUITS COMING IN, YOUR REVENUES COMING IN GO DOWN, BUT YOUR EXPENSES STAY LEVEL.

YOU STILL GOT TO MAKE PAYROLL, STILL GOT TO PAY ALL OF YOUR, YOU KNOW, SERVICES THAT ARE COMING IN.

SO THIS IS JUST A SNAPSHOT OF ONE DAY IN TIME.

SO THAT THAT FUND BALANCE NUMBER IS ALL OVER THE PLACE DURING THE YEAR, A LOT LOWER AT TIMES OF THE YEAR.

AND JUST WANTING TO MAKE SURE THAT PEOPLE UNDERSTAND THAT THAT'S NOT ALWAYS JUST 19.3.

THAT'S JUST SITTING THERE NOT BEING USED. IT'S JUST A POINT IN TIME THAT WE HAVE TO LOOK AT. SAME THING WITH THE OTHER FUNDS.

BUT THEN AGAIN, YOU KNOW, ON YOUR INCOME STATEMENT, WE DO NOT SEE ANYTHING.

YOUR SALES TAX NUMBERS LOOK GOOD.

YOUR PROPERTY TAX NUMBERS LOOK GOOD.

WE'RE NOT SEEING ANYTHING TRENDING IN A DIRECTION WHERE, YOU KNOW, WE HAVE CITIES WHERE THE FUND BALANCE CONTINUES TO DECLINE INCLINE. SO WE TRY TO SAY, HEY GUYS, I'M NOT SURE IF YOU'RE AWARE THAT THIS NUMBER KEEPS GOING DOWN. WE NEED TO PROBABLY DO SOMETHING. WE'RE NOT SEEING THAT HERE.

THE OTHER BIG CHUNK OF WHAT COMPRISES THE CITY'S FINANCIALS IS ON PAGES 21 AND 22, WHICH IS WATER, SEWER AND SANITATION AND YOUR AIRPORT FUEL OPERATIONS.

AND AGAIN, COMPRISED OF A LOT OF ASSETS THAT ARE FAIRLY EASY TO AUDIT WITH, YOU KNOW, $66.7 MILLION OF RESTRICTED CASH THAT AGAIN, WE CONFIRM WITH WITH OTHER PARTIES.

12 MILLION OF REGULAR CASH.

AND THEN OBVIOUSLY YOUR CAPITAL ASSETS, WHICH THE CITY DOES A VERY GOOD JOB.

WE REALLY WENT THROUGH THOSE THIS YEAR.

THOSE NUMBERS ARE BIG.

YOU THINK ABOUT ALL THE WATER IMPROVEMENTS THAT YOU GUYS HAVE BEEN DOING, DIFFERENT KINDS OF IMPROVEMENTS TO DIFFERENT PARTS OF THE CITY, AND KEEPING TRACK OF THOSE NUMBERS IS A LOT OF WHAT FINANCE DEPARTMENT SPENDS A LOT OF TIME GETTING READY FOR THE AUDIT.

SO WE FELT THOSE NUMBERS WERE IN GOOD WORKING ORDER AND DEPRECIATION REGISTERS LOOKED GOOD.

AND WE FEEL THAT THOSE BALANCES ARE, YOU KNOW, APPROPRIATE WHERE THEY ARE.

SO REALLY THIS YEAR, THE CITY DID NOT HAVE ENOUGH FEDERAL EXPENDITURES TO MEET THE SINGLE AUDIT REQUIREMENTS. SO WE DID NOT HAVE TO LOOK AT YOUR FEDERAL PROGRAMS LIKE WE'VE HAD TO IN THE PAST. AND AS MR. SIMONEAUX MENTIONED EARLIER, THE ONE THING THAT WE REALLY LIKE ABOUT THE CITY IS YOU DON'T HAVE TO DO WHAT WE CALL AN ANNUAL COMPREHENSIVE FINANCIAL REPORT THAT'S NOT REQUIRED BY THE STATE.

THEY JUST SAY YOU HAVE TO HAVE AN AUDIT OF CITY RECORDS.

WHAT YOU ALL DO GOES ABOVE AND BEYOND.

THAT'S WHERE IF YOU GO TO THE BACK, I'M NOT GOING TO SPEND A LOT OF TIME HERE.

BUT THERE'S A TEN YEAR TREND AREA BACK THERE CALLED THE STATISTICAL SECTION, WHERE YOU CAN GO BACK FOR TEN YEARS AND LOOK AT ALL THE GROWTH THAT THE CITY HAS HAD, WHERE BALANCES WERE TEN YEARS AGO, AND SEE HOW DIFFERENT THE FINANCES LOOK NOW

[00:20:01]

VERSUS BACK THEN. AND THAT TAKES A LOT OF TIME FOR PEOPLE TO, TO COMPILE ALL THAT INFORMATION AND MEET THE CRITERIA.

I DON'T KNOW IF YOU'VE EVER LOOKED AT THE GFOA CHECKLIST TO GET THIS AWARD.

I MEAN, IT'S LIKE A 90 PAGE CHECKLIST OF DOES THE CITY DO THIS? IF THEY HAVE THIS, IS THIS IN THERE? AND IT'S JUST A LOT. NOTES ARE MORE EXPENSIVE THAN THEY WOULD BE IF YOU JUST DID A REGULAR ANNUAL FINANCIAL REPORT.

SO WE APPLAUD THE CITY TRANSPARENCY AND GIVING OUR READERS A LOT MORE INFORMATION THAN JUST THE BARE MINIMUM.

AND TO REITERATE WHAT MR. SIMONEAUX SAID. YOU KNOW, KEVIN AND HIS TEAM, THEY ALL DID A REALLY GOOD JOB OF GETTING US THINGS.

WE'RE HERE IN THE MIDDLE OF MARCH.

YOU KNOW, THIS DOESN'T HAVE TO BE TURNED UNTIL THE END OF MARCH. WE PROBABLY COULD HAVE SQUEEZED THIS IN AT THE LAST MEETING, BUT WE JUST WANTED TO REFINE IT AND GET IT AS GOOD AS WE COULD TO GIVE YOU ALL A DOCUMENT THAT'S IN IT'S BEST, BEST PLACE. SO WE APPRECIATE ALL OF THEIR HELP AND WE APPRECIATE, YOU KNOW, BEING THE AUDITORS FOR THE CITY OF NACOGDOCHES. AND IF YOU GUYS HAVE QUESTIONS, I'LL BE GLAD TO ENTERTAIN THOSE NOW.

I'VE GOT A QUESTION FOR YOU AND FOR TODD.

WHICH WHICH ONE WANTS TO GO FIRST? TODD, DO YOU WANT TO GO FIRST? YEAH, IF YOU ASK HIM, I'LL FOLLOW UP WHERE I SEE TODD COME.

SINCE MR. SMITH MADE THESE ACCUSATIONS ABOUT THIS $1.3 MILLION, CAN YOU CAN YOU ADDRESS THAT OR DO YOU NEED SOME TIME TO.

OKAY.

OKAY, SO HE IS CORRECT.

WE DID TRANSFER MORE MONEY THAN WHAT WAS IN THE ORIGINAL BUDGET, BUT WE TOOK A BUDGET AMENDMENT TO THE COUNCIL ON AUGUST 8TH OF 2025.

SO COUNCIL DID APPROVE A BUDGET AMENDMENT AND THE EXTRA 1.3 MILLION, 1.2 MILLION OF IT WAS ARPA MONEY THAT WAS DEPOSITED INTO THE UTILITY FUND FOR CONSTRUCTION PROJECTS.

SINCE THAT WAS GRANT MONEY, AND IT WASN'T MONEY THAT WAS DERIVED FROM THE REVENUE SYSTEM. WE PUT IT INTO THE SPECIAL GRANT FUND WHERE IT REALLY BELONGED.

SO THAT WAS THE MAJORITY OF IT.

THE OTHER 124,000 INTEREST INCOME THAT WAS ACCRUED ON THE ARPA FUNDS.

SO WE MOVED THOSE TO THE GENERAL FUND FOR GENERAL USE, WHICH IS COMPLETELY APPROPRIATE.

AND WE'VE HAD CITIES DO BOTH, LIKE WHERE THEY'VE GOT, LET'S JUST SAY A CITY GOT $20 MILLION OF ARPA.

THEY MAY PUT 15 IN, LIKE WHAT TODD SAID IN THEIR GRANT FUND, AND THEN THEY MAY EARMARK 5 MILLION OF IT FOR WATER SEWER PROJECTS WHERE YOU WOULD PUT IT IN THE WATER SEWER FUND. BUT AS YOU KNOW, WITH THAT LARGE AMOUNT OF MONEY, SOMETIMES YOU'RE LIKE, WELL, I THINK WE'RE GOING TO USE IT FOR THIS.

WELL, AS TIME GOES BY, YOU'RE LIKE PROBABLY BETTER TO USE IT FOR THIS. AND THAT'S REALLY WHAT THOSE WERE, WERE JUST TO MOVE THOSE BACK TO THE APPROPRIATE PLACE WHERE THOSE FUNDS SHOULD BE HOUSED.

SO IT WASN'T LIKE IT WAS WATER MONEY DERIVED FROM WATER BILLS AND SENT OVER.

AND Y'ALL, I MEAN, Y'ALL SAW THE AMENDMENTS. I TOTALLY GET IT. YEAH.

OKAY. MY NEXT QUESTION WOULD BE FOR YOU.

THEN WE HAVE THIS TRANSFER FUNDS TO DEATH FOR TWO YEARS.

OKAY. ARE WE DOING ANYTHING ILLEGAL? NO, I MEAN, NO, TO ANSWER YOUR QUESTION.

OKAY. AND I MEAN, WHEN Y'ALL ISSUED THE WATER REVENUE BONDS.

I MEAN, THEY LOOK AT THEY LOOK AT ALL OF YOUR FINANCES, THEY LOOK AT HOW YOU'RE TRANSFERRING THAT. AND THERE'S THE STATE STATUTE OR THE GOVERNMENT CODE DOES SAY THAT THE IF YOU'RE GOING TO DO A WATER SEWER FUND, THAT THEY HAVE TO COVER X AMOUNT OF THINGS, RESERVES PAY ALL THEIR BILLS, AND THEN WHATEVER YOU DO WITH THE EXCESS, IT'S KIND OF UP TO THE USER.

AND I MEAN, THAT STARTS GETTING INTO MORE OF A LEGAL OPINION THAN AN ACCOUNTING ISSUE, RIGHT? BUT WHEN THE BOND ATTORNEYS ARE SAYING THAT THEY'RE FINE WITH HOW THAT TRANSFER IS BEING HANDLED. THE CITY'S PROVIDING BACKUP FOR HOW THEY'RE COMING UP.

IT'S NOT LIKE THEY'RE JUST SAYING, HEY, I NEED A NUMBER.

LET'S TRANSFER IT. I MEAN, THERE'S THERE'S A CALCULATION OF WHY THAT NUMBER IS BEING MOVED. SO, YOU KNOW, WHETHER YOU AGREE WITH IT OR NOT, FROM OUR STANDPOINT AND FROM THE LEGAL STANDPOINT, YOU KNOW, THERE'S NO PLACE FOR ME TO PUT A FINDING IN. THERE'S NOT FINDING.

THAT'S ALL I NEED TO KNOW IS FROM A LEGAL STANDPOINT.

NOW, YOU'RE NOT AS ARTICULATE AS AI, BUT YOU'LL DO, YOU KNOW. OKAY, TODD, YOU GOT IT.

YEAH. YOU NEED YOU GOT ANYTHING ELSE TO SAY? I DON'T WANT TO HEAR ABOUT THIS ANYMORE. TO TELL YOU THE TRUTH, YOU KNOW, I'M DONE.

YEAH. I WILL SAY TO MR. SMITH'S CREDIT, I PLAYED AROUND WITH AI ALSO ON THE QUESTION.

IT DEPENDS ON HOW YOU ASK THE QUESTION, OBVIOUSLY.

AND I ALREADY KNEW WE HAD SUPPORT FOR IT ON A LEGAL FOUNDATION AND A BUDGET FOUNDATION.

BUT WHEN I USE CHATGPT ON MY IPHONE, IT CAME BACK AND SUPPORTED EVERYTHING THAT WE

[00:25:07]

DID. AND IN A MATTER OF FACT, THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD, WHICH SETS ALL THE STANDARDS THAT WE HAVE TO FOLLOW IN GOVERNMENTAL ACCOUNTING ADDRESSES, IT ALSO. IT'S COMPLETELY LEGAL.

IT'S ORDINARY. IT'S COMMON.

THERE'S NOTHING WRONG WITH IT.

YEAH. AND AGAIN, I'LL APPLAUD YOUR DEPARTMENT FOR RECEIVING THAT HONOR.

AND YOU'VE DONE A GREAT JOB AND WE REALLY APPRECIATE IT VERY MUCH.

THAT'S ALL I'VE GOT TO SAY.

THANK YOU. ANY OTHER DISCUSSION OR QUESTIONS FOR THE AUDITOR? THANK YOU VERY MUCH FOR ALL THE DETAIL AND THE SUPPORT YOU GAVE US AND REALLY APPRECIATE THE PRESENTATION TOO. THANK YOU.

THANK YOU. THANK YOU ALL FOR YOUR TIME. ANY OTHER DISCUSSION? OKAY. NO MOTION. THANKFUL FOR AN UNMODIFIED OPINION.

YEAH. WE ARE TO THE ONES THAT AREN'T, TAKE A LOT LONGER.

TRUST ME. OKAY. THANK YOU VERY MUCH, SIR.

WE DON'T NEED A MOTION OR ANYTHING, DO WE, JERRY? OKAY. THANK YOU AGAIN.

I APPRECIATE BOTH OF YOU AND ALSO YOUR COMMENTS.

OKAY. NEXT ITEM IS A PUBLIC HEARING.

[6.B. Public Hearing: Discuss and consider action on Specific Use Permit Case SUP2026-02 regarding a Specific Use Permit request for Stone, Sand, Gravel & Mineral Extraction in a R-4, Multi-Family district on one (1) parcel of land approximately 28.2 acres ± in size, more particularly described by Nacogdoches Central Appraisal District Parcel 85393; and generally located north of Powers Street between North Sanders Street and Old Tyler Road, Nacogdoches, Texas.]

ITEM SIX BE DISCUSSED AND CONSIDER ACTION ON SPECIFIC USE PERMIT CASE S U P 2020 602 REGARDING A SPECIFIC USE PERMIT REQUEST FOR STONE, SAND, GRAVEL AND MINERAL EXTRACTION IN AN R-4 MULTI-FAMILY DISTRICT ON ONE PARCEL OF LAND APPROXIMATELY 28.2 ACRES, PLUS OR MINUS IN SIZE, MORE PARTICULARLY DESCRIBED BY NACOGDOCHES CENTRAL APPRAISAL DISTRICT PARCEL 85393 AND GENERALLY LOCATED NORTH OF POWER STREET BETWEEN NORTH SANDERS STREET AND OLD TYLER ROAD, NACOGDOCHES, TEXAS.

MR.. PAULETTE MAYOR COUNCIL.

JUAN PAULETTE CITY PLANNER.

SO THIS APPROXIMATELY IS APPROXIMATELY. THIS PROPERTY IS APPROXIMATELY 28 ACRES AND LOCATED ON THE NORTHWEST CORNER OF POWER STREET AND OLD TYLER ROAD.

THIS PROPERTY WAS PREVIOUSLY APPROVED FOR THE SAME USE IN JANUARY OF 2024, WITH A CONDITION THAT THE S U P EXPIRE IN 12 MONTHS.

THE APPLICANT IS REQUESTING APPROVAL OF A NEW SCP TO CONTINUE THE SAME OPERATION FOR AN ADDITIONAL YEAR. NO CHANGES TO THE PROPOSED OPERATION, CONDITION OR SCOPE OF WORK FROM WHAT WAS PREVIOUSLY APPROVED.

THE PROPERTY IS PRIMARILY ZONED R FOR MULTIFAMILY, WITH APPROXIMATELY ONE ACRE ZONED HEAVY INDUSTRIAL.

THE FUTURE LAND USE DESIGNATION OF THE PROPERTY IS SINGLE FAMILY RESIDENTIAL.

WHILE MINERAL EXTRACTION IS NOT A LONG TERM COMPATIBLE USE FOR THIS DESIGNATION.

THE ACTIVITY IS TEMPORARY AND DOES NOT CHANGE THE UNDERLYING ZONING OR FUTURE DEVELOPMENT POTENTIAL OF THE PROPERTY.

THIS SLIDE SHOWS THE SITE PLAN FOR THE PROPOSED OPERATION.

NO CHANGES ARE PROPOSED TO THE LAYOUT, ACCESS OR OPERATION FROM WHAT WAS PREVIOUSLY APPROVED. THIS IS THE ENTRANCE OF THE SITE FROM POWER STREET.

THIS SLIDE SHOWS THE LAND USES WITHIN THE 200 FOOT NOTIFICATION AREA.

STAFF SENT OUT 38 NOTICES TO PROPERTY OWNERS WITHIN 200FT, AND 33 NOTICES TO THOSE WITHIN 200 AND 500FT.

NO WRITTEN RESPONSES HAVE BEEN RECEIVED.

STAFF HELD A NEIGHBORHOOD MEETING FOR THIS ITEM AND NO ONE ATTENDED.

STAFF HAS REVIEWED THE REQUEST BASED ON THE CRITERIA AND FINDS THE PROPOSED USE CONTINUES TO MEET THE CONDITIONS OF APPROVAL.

IF APPROVED, STAFF RECOMMENDS THE SAME CONDITIONS THAT WERE INCLUDED IN THE PREVIOUS APPROVAL. THESE INCLUDE HOURS OF OPERATION BETWEEN SIX AND OR EIGHT AND 6 P.M.

MONDAY THROUGH SATURDAY.

PRESERVING THE 25 FOOT BUFFER AROUND THE PERIMETER OF THE PROPERTY, MAINTAINING STORMWATER EROSION CONTROL SYSTEMS AND PROVIDING STREET CLEANUP AS NECESSARY. AND THE SCP WOULD WOULD EXPIRE IN 12 MONTHS.

AND THE APPLICANT HAS ALSO SUBMITTED AN UPDATED STORMWATER POLLUTION PREVENTION PLAN.

AND THIS CONCLUDES MY PRESENTATION. I'LL BE HAPPY TO ANSWER ANY QUESTIONS AFTER THE PUBLIC HEARING. OKAY. THIS IS A PUBLIC HEARING.

WE'LL OPEN THE PUBLIC HEARING. ANY COMMENTS FROM THE PUBLIC? THERE BEING NONE, WE'LL CLOSE THE PUBLIC HEARING.

ANY COMMENTS FROM THE DISCUSSION FROM THE COUNCIL? HOW MANY MORE TIMES CAN WE.

CAN YOU DO THIS? IS THERE A LIMIT ON EXTENDING THESE? I MEAN, WHY DID WE MAKE IT 12 MONTHS IF IT'S GOING TO BE 24? GENERALLY AFTER THE THE LIMIT, THEN IT'S OVER.

BUT IN THIS CASE, THE APPLICANT NEEDED A LITTLE MORE TIME AND THE APPLICANT IS ON THE LINE. IF YOU HAVE QUESTIONS AS SPECIFIC QUESTIONS FOR THAT, HE. I'M JUST CURIOUS ABOUT IT.

I MEAN, NEXT YEAR WE'RE GOING TO EXTEND IT AGAIN GENERALLY.

[00:30:02]

NO, I MEAN, AFTER SO MANY TIMES WE'RE GOING TO BE LIKE, OKAY, I THINK THIS IS ENOUGH TIME.

BUT IT WOULD BE AT THE DISCRETION OF THE COUNCIL EVEN THEN.

CORRECT? IT WOULD HAVE TO GO THROUGH THE WHOLE PROCESS AGAIN AND APPROVED BY COUNCIL.

ANY FURTHER QUESTIONS? I'LL ENTERTAIN A MOTION.

MAKE A MOTION. WE APPROVE THE S U P AS PRESENTED.

SECOND, I HAVE A MOTION.

SECOND. ALL IN FAVOR? AYE.

MOTION CARRIES UNANIMOUSLY.

NEXT ITEM IS DISCUSSING.

[6.C. Public Hearing: Discuss and consider action on Historic Overlay Case HO2025-02 regarding a Historic Overlay designation on one (1) parcel of land approximately 0.18 ± acres in size, more particularly described by Nacogdoches Central Appraisal District Parcel 23796; and located at 515 Bailey Avenue, Nacogdoches, Texas. ]

CONSIDER ACTION ON HISTORIC OVERLAY CASE HO2 THOUSAND 20 5-02 REGARDING A HISTORIC OVERLAY DESIGNATION OF ONE PARCEL OF LAND APPROXIMATELY 0.18 PLUS OR MINUS ACRES IN SIZE, MORE PARTICULARLY DESCRIBED BY THE NACOGDOCHES CENTRAL APPRAISAL DISTRICT PARCEL 23796 AND LOCATED AT 515 BAILEY AVENUE, NACOGDOCHES, TEXAS. FOR THE FOLLOWING ITEM MARKED AS FIVE C ON TONIGHT'S AGENDA, I WOULD LIKE TO HAVE THE COUNCIL MOVE TO TABLE CONSIDERATION OF THIS REQUEST UNTIL OUR REGULARLY SCHEDULED MEETING ON APRIL THE 21ST.

I'LL MOVE THAT WE POSTPONE THIS UNTIL THE TIME STATED.

SECOND. OKAY, I HAVE A MOTION.

SECOND. ALL IN FAVOR? ALL RIGHT.

NEXT ITEM. ITEM 60 PUBLIC HEARING.

[6.D. Public Hearing: Discuss and consider action on Zoning Case ZON2026-01 regarding a zone change from B-2, General Business to R-4, Multi-Family and from R-1, Single Family to R-4, Multi-Family, on one (1) parcel of land approximately 9.88 acres ± in size, more particularly described by Nacogdoches Central Appraisal District Parcel 26288, being Lots 19-A and 48, City Block 64; and located at 3607 East Main Street, Nacogdoches, Texas.]

DISCUSS AND CONSIDER ACTION ON ZONING CASE ZON2 THOUSAND AND 20 6-01.

REGARDING A ZONE CHANGE FROM B TWO.

GENERAL BUSINESS TO R FOR MULTIFAMILY AND FROM R-1 SINGLE FAMILY TO R-4 MULTIFAMILY ON ONE PARCEL OF LAND, APPROXIMATELY 9.88 PLUS OR MINUS ACRES IN SIZE, MORE PARTICULARLY DESCRIBED BY THE NACOGDOCHES CENTRAL APPRAISAL DISTRICT PARCEL 26288 BEING LOTS 19 A AND 48 CITY BLOCK 64 AND LOCATED ON AT 3607 EAST MAIN STREET, NACOGDOCHES, TEXAS.

WHERE WE CAN DO THE NEXT ITEM.

OKAY. AND THEN LET ME GO AHEAD AND DO E ALSO ITEM SIX,

[6.E. Public Hearing: Discuss and consider action on Specific Use Permit Case SUP2026-01 regarding a Specific Use Permit request for a Travel Trailer/RV Park in a R-4, Multi Family district on one (1) parcel of land approximately 9.88 acres ± in size, more particularly described by Nacogdoches Central Appraisal District Parcel 26288, being Lots 19-A and 48, City Block 64; and located at 3607 East Main Street, Nacogdoches, Texas. ]

E DISCUSS AND CONSIDER ACTION ON A SPECIFIC USE PERMIT CASE S U P 2020 6-01 REGARDING A SPECIFIC USE PERMIT REQUEST FOR TRAVEL TRAILER RV PARK IN AN R-4 MULTI-FAMILY DISTRICT ON ONE PARCEL OF LAND, APPROXIMATELY 9.88 ACRES, PLUS OR MINUS IN SIZE.

MORE PARTICULARLY DESCRIBED BY NACOGDOCHES CENTRAL APPRAISAL DISTRICT PARCEL 26288 BEING LOTS 19 A AND 48 CITY BLOCK 64 AND LOCATED AT 3607 EAST MAIN STREET, NACOGDOCHES, TEXAS. GOOD EVENING MAYOR.

I CAN RESPOND TO BOTH OF THOSE.

MY NEW EXECUTIVE DIRECTOR OF DEVELOPMENT AND INFRASTRUCTURE.

I'LL JUST COVER IT. ITEMS SIX 60 ANY.

I THINK I MISNUMBERED MY STATEMENT.

THAT'S WHY I WANTED TO BE CLEAR. I CAUGHT YOU, I CAUGHT YOU. ITEM 16.

ARE RELATED TO THE SAME PROPERTY.

ONE AS HIS OWN CHANGE REQUEST.

THE OTHER IS A SPECIFIC USE PERMIT REQUEST.

THESE APPLICATIONS HAVE BEEN WITHDRAWN AT THE APPLICANT'S REQUEST.

THEY WERE WITHDRAWN ON MARCH 2ND.

AND THEY WERE WITHDRAWN PRIOR TO PLANNING AND ZONING COMMISSION AND AFTER THE PUBLIC HEARING NOTICES WENT OUT.

SO OUR REQUEST TONIGHT IS THAT COUNCIL JUST DISMISS WITH NO ACTION THESE TWO ITEMS. THANK YOU. DO WE NEED A MOTION FOR THAT? OKAY. ANY DISCUSSION? THERE BEING NONE, WE'LL GO TO ITEM SIX F.

[6.F. Consider approval of a contract by and between the City of Nacogdoches and SCS Engineers for professional engineering services for Phase II of Landfill Major Permit Amendment and Expansion (CIP Project SW-25-201) in the amount of $657,635.00. (Director of Public Works/City Engineer) ]

CONSIDER APPROVAL OF A CONTRACT BY AND BETWEEN THE CITY OF NACOGDOCHES AND SCS ENGINEERS FOR PROFESSIONAL ENGINEERING SERVICES FOR PHASE TWO OF THE LANDFILL MAJOR PERMIT AMENDMENT AND EXPANSION.

THIS IS A CIP PROJECT.

S W DASH 25 2001, IN THE AMOUNT OF $657,635.

MR. ENGINEER MAYOR CITY COUNCIL CASE OPPERMAN, DIRECTOR OF PUBLIC WORKS. CITY ENGINEER WE'VE GOT THIS EVENING, BASICALLY PART TWO OF A SERVICES AGREEMENT THAT WE NEED TO EXECUTE WITH SCS ENGINEERS FOR OUR LANDFILL MAJOR PERMIT AMENDMENT AND EXPANSION.

IF YOU'LL REMEMBER WAY BACK JUNE OF 2024, WE APPROVED, DID IT AGAIN. NOW WHERE'S MY, THEY DIDN'T TEACH YOU THAT AT SCHOOL? NO, I DON'T, I DON'T KNOW HOW TO DO THAT.

[00:35:01]

WHERE'S MY SLIDESHOW? SORRY, I HAD A SLIDESHOW.

I GUESS I'M. FLYING BLIND HERE.

ANYWAY, SO BACK IN JUNE OF 2024 WE HAD AN RFQ THAT WAS APPROVED BY COUNCIL.

SELECTING SCS ENGINEERS FOR ENGINEERING SERVICES TO BASICALLY PREPARE THIS TYPE ONE MAJOR AMENDMENT PERMIT APPLICATION FOR THE LANDFILL.

THIS IS ESSENTIALLY AN EFFORT TO OVERHAUL OUR PERMIT TO ALLOW US TO VERTICALLY AND LATERALLY EXPAND THE LANDFILL TO CONNECT BLOCKS M AND P RAISE TOP ELEVATIONS OF BLOCKS M, P, AND O AND EXPAND THE LANDFILL WASTE FOOTPRINT OF BLOCK O.

IT ALSO INCLUDES RELOCATION OF THE ENTRANCE TO THE LANDFILL AS WELL.

BUT DUE TO THE MULTI NATURE THE MULTI-YEAR NATURE OF THIS WORK, WE DECIDED TO DIVIDE IT INTO DIFFERENT PHASES.

SCS HAS BEEN WORKING FOR THE PAST YEAR AND A HALF ON PHASE ONE.

AND SO IT'S TAKEN THAT LONG TO GET TO THIS POINT.

AND SO WE DID SPLIT IT UP KIND OF AT THEIR DIRECTION A YEAR AND A HALF AGO BASED ON WHAT THEY KNEW THEY COULD DO WITHIN THE BUDGET YEAR.

AND SO THEIR SUB CONSULTANT IS HYDREX ENVIRONMENTAL, WHO'S ALSO DOING A LOT OF THE WETLANDS TYPE STUFF AND ENVIRONMENTAL KIND OF ANALYZES OUT THERE. AND SO THIS IS ESSENTIALLY JUST CONTINUING THE EFFORT THAT WAS STARTED A YEAR AND A HALF AGO. AND THE FULL EFFORT'S PROBABLY GOING TO TAKE INTO THE NEXT YEAR AT LEAST PROBABLY, BUT ALL THIS IS NECESSARY IN AN EFFORT TO ESSENTIALLY ADD DECADES OF LIFE TO OUR LANDFILL. AND SO IT'S A, IT'S A, WE FEEL A GOOD UNDERTAKING FOR NOT ONLY OUR GENERATION, BUT FUTURE GENERATIONS BEING ABLE TO HAVE THIS LANDFILL TO TO UTILIZE, WE'RE GOING TO GET THE.

THERE IT IS. I APOLOGIZE FOR THAT.

YOU'VE ALREADY SAID IT ALL NOW.

I THINK I'VE ALREADY SAID IT ALL. DID I FORGET ANYTHING? ANYBODY GOT ANY QUESTIONS? THERE WAS A THERE WAS A LITTLE MORE I WAS GOING TO SAY. BUT IF Y'ALL, IF Y'ALL, IF Y'ALL ARE TIRED, I CAN END IT THERE.

HAPPY TO ANSWER ANY QUESTIONS AFTER EITHER PUBLIC COMMENT OR, OR COUNCIL QUESTIONS. SO WHEN WE DIVIDED THIS INTO WAS THAT MONEY TAKEN OUT FOR THIS, THE 657 OR IS THIS NEW MONEY BEING SPENT? SO ESSENTIALLY WE HAVE A TOTAL FOR THE THING.

YEAH, WE HAD ABOUT 750 BUDGETED.

THIS IS A CIP PROJECT.

I SHOULD SAY THAT UP FRONT.

SO IN OUR CIP PLAN FROM A COUPLE OF YEARS AGO, WE HAD 750,000 BUDGETED FOR LAST YEAR ESSENTIALLY, AND THEN ANOTHER 750 OR SO BUDGETED FOR THIS YEAR.

AT THE TIME LAST, THE PHASE ONE CONTRACT I THINK CAME IN AROUND 730 OR SOMETHING LIKE THAT. SO IT WAS UNDER BUDGET. AND THEN THIS WAS BASICALLY UTILIZING THIS YEAR'S BUDGET.

AND SO IT'S AN OVERALL BUDGET OF ABOUT 1.3 MILLION.

BUT BUT IT WAS BUDGETED SEPARATELY AND IN SEPARATE SUBSEQUENT YEARS, JUST BECAUSE WE KNEW WE COULDN'T DO IT ALL IN YEAR ONE.

AND SO YOU SAVED MONEY THE FIRST TIME AND.

WELL, YEAH, ESSENTIALLY WE'RE UNDER BUDGET BOTH YEARS.

YES, SIR. WHAT DO YOU DO WITH ALL THAT EXTRA MONEY? WE SPEND IT ON THE LANDFILL.

NOW, IS THIS THE APPROPRIATE TIME TO MAKE A TRANSFER JOKE? NO. OKAY. I DON'T WANT THAT WHILE I'M AT THE MIC.

YEAH. MANHATTAN. SO WE WE WE DO HAVE A CIP FOR THE LANDFILL, AND THERE'S SEVERAL EFFORTS THAT WE'RE IN RIGHT NOW.

YOU'LL REMEMBER, WE, WE'VE GOT A CONSTRUCTION DESIGN ONGOING CURRENTLY FOR BASICALLY BUILDING OUT A COUPLE OF OUR BLOCKS OUT THERE.

THAT'S A SEVERAL MILLION DOLLAR EFFORT TO DESIGN AND BUILD THAT.

HOPEFULLY THAT'LL BE COMING OUT THIS YEAR FOR CONSTRUCTION, WE HOPE. AND THEN THERE'S SEVERAL OTHER PROJECTS OUT THERE THAT WE'RE WORKING ON.

SO THERE'S A WATER LINE THAT WE NEED TO INSTALL FOR FIRE PROTECTION AND THINGS LIKE THAT. SO IT ALL JUST KIND OF GOES INTO THAT CIP CATEGORY FOR THE LANDFILL.

OKAY. THANK YOU. ANY OTHER QUESTIONS? GOOD WORK. I'LL MAKE THE MOTION THAT WE APPROVE THE CONTRACT BETWEEN THE CITY OF NACOGDOCHES AND SCS ENGINEERS, AS OUTLINED IN ITEM SIX F.

[00:40:02]

SECOND, HAVE A MOTION.

SECOND. ALL IN FAVOR? AYE.

MOTION CARRIES UNANIMOUSLY.

ITEM SIX G. CONSIDER APPROVAL OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF

[6.G. Consider approval of an Encroachment Agreement between the City of Nacogdoches and Fredonia Hospitality, LLC related to property located at 200 N. Fredonia Street. (City Attorney) ]

NACOGDOCHES AND FREDONIA HOSPITALITY LLC RELATED TO PROPERTY LOCATED AT 200 NORTH FREDONIA. MR. BAKER, MR. MAYOR, MEMBERS OF THE COUNCIL.

JERRY BAKER, CITY ATTORNEY WHAT YOU HAVE BEFORE YOU IS A PROPOSED ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NACOGDOCHES AND FREDONIA HOSPITALITY LLC OR FREDONIA HOTEL RELATED TO THEIR PROPERTY SPECIFICALLY AN ENCROACHMENT ON HOSPITAL STREET.

I'M SHOWING YOU THE SURVEY THAT AND HIGHLIGHTED THE AREA OF THE ENCROACHMENT, AS YOU CAN SEE HERE. AND I DON'T KNOW IF YOU CAN SEE THE EXTENT OF THE ENCROACHMENT HERE, BUT, BUT ESSENTIALLY WHAT HAPPENED WAS THAT THE PRIOR OWNERS HAD INSTALLED SOME PARKING THAT THAT WENT ALONG HOSPITAL STREET THAT ENCROACHED INTO OUR RIGHT OF WAY, THE CITY RIGHT OF WAY AND INCLUDES SEVERAL PARKING SPACES THAT, THAT JUST GO ALONG THAT, THAT ROAD AS IT, AS IT GOES DOWN THE PROPERTY LINE. AND ESSENTIALLY, AS YOU RECALL, A MONTH OR SO BACK, WE DID A SIMILAR AGREEMENT WITH CONNIE AND CLAYTON HALEY WITH REGARDS TO THEIR PROPERTY ON EDWARD STREET. THE TERMS OF THIS ENCROACHMENT AGREEMENT ARE EXACTLY THE SAME AS THAT AGREEMENT. NO REAL DIFFERENCES OTHER THAN THE DESCRIPTION OF THE LAND AND THE ENCROACHMENT. AND ESSENTIALLY, AS WITH THAT AGREEMENT, THIS AGREEMENT WOULD YOU KNOW, RECOGNIZE THE ENCROACHMENT REQUIRE THAT A FEE BE PAID AND REQUIRE THAT FREDONIA HOTEL MAINTAIN AND UPKEEP THE ENCROACHMENT AREA AND DEFEND AND INDEMNIFY THE CITY AGAINST ANYBODY WHO MAY RAISE ANY CLAIMS RELATED TO THE ENCROACHMENT. SO ESSENTIALLY, AGAIN, EXACTLY LIKE THE TERMS WE SAW IN THE PRIOR AGREEMENT. AND I'D BE HAPPY TO ANSWER ANY QUESTIONS.

I'LL ENTERTAIN A MOTION IF NO QUESTIONS OR DISCUSSION.

I'LL MAKE A MOTION. WE APPROVE.

THE APPROVAL OF THE ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NACOGDOCHES AND FREDONIA HOSPITALITY, LLC. SECOND.

MOTION. AND SECOND. ALL IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY.

ITEM SIX H. CONSIDER APPROVAL AND ADOPTION OF THE AMENDED BYLAWS FOR THE CITY OF

[6.H. Consider approval and adoption of the Amended Bylaws for The City of Nacogdoches Development Corporation. (City Attorney)]

NACOGDOCHES DEVELOPMENT CORPORATION.

MR.. BAKER. MAYOR. MEMBERS OF COUNCIL.

JERRY BAKER, CITY ATTORNEY. WHAT I HAVE BEFORE YOU IS A PROPOSED AMENDMENT TO THE BYLAWS OF THE OUR TYPE B CORPORATION THAT WAS FORMED APPROXIMATELY IN AUGUST OF THIS PAST YEAR, AS YOU RECALL, THAT THE COUNCIL APPROVED THE FORMATION OF WHAT'S KNOWN AS THE CITY OF NACOGDOCHES DEVELOPMENT CORPORATION AT ITS REGULAR MEETING ON AUGUST 19TH, 2025. AT THAT MEETING, YOU APPROVED NOT ONLY THE CERTIFICATE OF FORMATION THAT WAS FILED WITH THE SECRETARY OF STATE, BUT ALSO THE PROPOSED BYLAWS FOR THAT CORPORATION THAT THOSE BYLAWS WERE NOT ONLY APPROVED BY COUNCIL BUT ALSO BY THE CORPORATION ITSELF. WHENEVER THE ORGANIZATIONAL MEETING TOOK PLACE.

SINCE THAT TIME, THE ORGANIZATION HAS MET REGULARLY AT ITS REGULAR MEETING AS SET FORTH IN THE BYLAWS. WHAT YOU HAVE BEFORE YOU IN THE PROPOSED AMENDED BYLAWS, IF YOU LOOK AT PAGE THREE OF THE COPY YOU HAVE IN FRONT OF YOU, YOU'LL SEE THE THE CHANGE THAT'S BEING PROPOSED.

AND WHAT IT DOES IS ESSENTIALLY ALLOW THE PRESIDENT OR IN HIS STEAD, THE VICE PRESIDENT, TO CANCEL THE REGULAR MEETING.

SHOULD THERE BE NO BUSINESS TO DISCUSS OF THE CORPORATION? THERE WAS NOT THAT ABILITY TO DO THAT IN THE CURRENT BYLAWS.

AND THERE WAS A LOT OF QUESTIONS BECAUSE, YOU KNOW, FOR THE PAST COUPLE OF MEETINGS, THERE'S BEEN VERY LITTLE TO NO BUSINESS TO REALLY DISCUSS. AND SO THIS WOULD JUST GIVE THE CORPORATION THAT ABILITY.

AND THEN, YOU KNOW, I THINK IN THE NEAR FUTURE THAT PROBABLY WILL BE SUPERFLUOUS, BUT WHO KNOWS? WE'LL SEE.

BUT ANYWAY, THAT THE THIS PRESENTATION OR THIS PROPOSED AMENDMENT WAS PRESENTED TO THE BOARD AT ITS REGULAR MEETING ON MARCH 5TH OF THIS YEAR, AND THEY VOTED UNANIMOUSLY TO MAKE A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE THAT. I'LL ANSWER ANY QUESTIONS YOU MAY HAVE.

ARE THESE MEETINGS POSTED REQUIRED TO BE POSTED? THEY ARE. SO WOULD YOU HAVE TO POST THAT YOU'RE CANCELING IT? CORRECT. SO AS YOU CAN SEE, THE NOTICE OF THE CANCELLATION.

CANCELLATION OF THE REGULAR MEETING SHALL BE IN THE SAME MANNER AS HOLDING A MEETING.

SO THEY WOULD HAVE TO CANCEL THAT MEETING AND MAKE NOTIFICATION OF THAT CANCELLATION.

CANCELLATION PRIOR TO THE THE.

WELL, NOW IT'S THREE BUSINESS DAYS PRIOR TO THE MEETING.

SO IN THE SAME AMOUNT OF TIME. CORRECT. OKAY. SO IN THE EVENT THAT THE MEETING GETS POSTED,

[00:45:01]

YOU HAVE THE MEETING. YOU HAVE THE MEETING. OKAY.

NOW, AGAIN, YOU HAVE TO HAVE A QUORUM SHOW UP IN ORDER TO HAVE A VALID MEETING.

BUT, YOU KNOW, THERE'S WAYS TO ADDRESS THAT IF THAT HAPPENS, BUT. WELL, IT MAKES SENSE.

DO YOU WANT A MOTION, PLEASE? OKAY. I MOVE THAT WE APPROVE THE ADOPTION OF THE AMENDED BYLAWS AS STATED IN ITEM SIX H.

I HAVE A MOTION. SECOND.

ALL IN FAVOR? MOTION CARRIES UNANIMOUSLY.

OKAY, SIX I. CONSIDERATION AND POSSIBLE APPROVAL OF A PERMIT FOR THE INSTALLATION OF

[6.I. Consideration and possible approval of a permit for the installation of a 30,000-gallon bulk above-ground liquefied petroleum (LP) gas storage tank. (Fire Marshal) ]

A 30,000 GALLON BULK ABOVE GROUND LIQUEFIED PETROLEUM LP GAS STORAGE TANK BY MARSHAL JODY CHANDLER, NACOGDOCHES FIRE MARSHAL. APPLICANT.

NEXT EO POWER HAS APPLIED FOR AN ABOVE GROUND STORAGE TANK PERMIT, BULK STORAGE JUST WITH SAFE COMMON PRACTICES AND INDUSTRY STANDARDS.

ANYTHING THAT'S ABOVE 2000 GALLONS IS CONSIDERED BULK STORAGE.

THEY ARE PROPOSING TO INSTALL A 30,000 GALLON LP GAS STORAGE TANK, PROPANE. TALKING WITH THE APPLICANT, WE'VE LAID OUT THE MAJOR REQUIREMENTS THAT THE FIRE DEPARTMENT WOULD BE LOOKING AT IN ORDER TO ALLOW THEM TO PROCEED WITH THIS.

I CAN'T IN YOUR POWERPOINT JUST TO BRIEFLY GO OVER THEM MUST COMPLY WITH THE INTERNATIONAL FIRE CODE 2024 EDITION.

ALSO THE NFPA 58, WHICH IS LIQUID PETROLEUM GAS CODE.

THEY ARE AT THE END OF THE SLIDE.

I'VE GOT TWO SITE PLAN MAPS AND THE PARCEL MAP SHOWING WHERE THE BUILDINGS ARE, THE PROPERTY LINES, WHERE THE TANK IS GOING TO BE LOCATED AT COMMON DEALS COMMON ITEMS TO CONSIDER, FIRE DEPARTMENT ACCESS ROAD WHICH WILL ADEQUATE OUR FIRE APPARATUS BEING ABLE TO BE 20 FOOT WIDE, 85,000 POUND LOAD RATING.

REQUIRED SEPARATION DISTANCES FROM BUILDINGS AND PROPERTY LINES.

THEY DO MEET THOSE RIGHT NOW.

THE TANK HAS TO BE 50 FOOT AWAY FROM ANY BUILDING, AND IT HAS TO BE 50 FOOT OFF OF ANY PROPERTY LINE.

IGNITION SOURCES, OF COURSE.

25 FOOT CLEARANCE REQUIREMENTS FROM THOSE.

THE TANK WILL BE SITTING ON A CONCRETE NONCOMBUSTIBLE FOUNDATION AS PER NFPA 58 VEHICLE IMPACT PROTECTION.

IT WILL HAVE BOLLARD POLES ALL THE WAY AROUND THE, THE TANK FOR VEHICLE IMPACT PROTECTION.

OF COURSE, THEY'LL BE REQUIRED TO HAVE THEIR HAZARD AND NO SMOKING SIGNAGE ON THE FACILITY. SECURITY FENCING.

SO SOME FORM OF CHAIN LINK FENCING DUE TO THE WHOLE PROPERTY NOT BEING FENCED IN THAT WAY, IF ANYBODY'S PASSING THROUGH THE PROPERTY, NOBODY CAN GET IN THERE AND TAMPER WITH ANYTHING. OTHER ITEMS TO CONSIDER.

MAINTAINING A CLEAR SPACE AROUND THE LPG CONTAINER FOR EMERGENCY OPERATIONS.

THIS ONE DIDN'T REALLY FALL INTO THAT ONE. ANTI FLOTATION ANCHORING REQUIRED IF LOCATED IN A FLOOD HAZARD AREA.

PRESSURE TESTING AND SAFETY VERIFICATION REQUIRED.

SO ONCE THAT TANK IS DELIVERED AND BEFORE THEY WOULD EVER PUT PROPANE IN IT.

THAT TANK WOULD BE PRESSURE TESTED BY THE COMPANY THAT'S GOING TO PUT THE, THE PRODUCT IN IT. AND THEY WOULD INFORM US THAT THAT TEST MEETS ALL REQUIREMENTS BEFORE THEY EVER FILL IT. ME AS THE FIRE MARSHAL THE ONE DEAL THAT WE ARE REQUIRING IS THE PROPERTY DOES NOT CURRENTLY HAVE AN INTERNAL FIRE HYDRANT ON THE PROPERTY.

THAT IS BY THEM. SO WHERE THE CURRENT FIRE HYDRANT IS, THAT IS A LONG HOSE LAY FOR OUR TRUCKS FOR THE SUPPLY LINE TO COME FROM THE HYDRANT THAT'S LOCATED ON THE LOOP, TO GO ALL THE WAY BACK TO WHERE THE STORAGE TANK IS. SO WITH ADDING A 30,000 GALLON PROPANE TANK TO THE PROPERTY AND ALSO THE BUILDING THAT'S ALREADY THERE. JUST HAVING THAT INTERNAL FIRE HYDRANT ON THE PROPERTY IS GOING TO MAKE OUR FIREFIGHTING OPERATIONS WAY MORE EFFICIENT.

HOPE NOTHING EVER HAPPENS. BUT IF SOMETHING WAS TO EVER HAPPEN AT THAT FACILITY THAT WAY, THAT WOULD HELP WITH OUR HELP.

ADEQUATE. OUR OPERATIONS.

AND OF COURSE, INSTALLATION CAN'T CANNOT THE, THE THEY CANNOT OPERATE THE TANK UNTIL IT IS FULLY APPROVED BY OUR DEPARTMENT.

ON YOUR LAST SLIDE, HERE'S BASICALLY THEIR SITE MAP WHERE THE TANK'S GOING TO BE LOCATED. THEY'RE CURRENTLY AT 75FT AWAY FROM THE BUILDING.

THEY DO HAVE LISTED IN HERE THEIR BOLLARD PROTECTION, VEHICLE IMPACT PROTECTION, THE CHAIN LINK FENCE. THEY DO CALL OUT THAT THEY ARE MEETING THE 20 FOOT FIRE ACCESS

[00:50:01]

ROADS THAT ARE HAVE 85,000 POUND RATING FOR THE FIRE APPARATUS.

AND THEN ON YOUR LAST ONE, THIS IS JUST AN OVERVIEW OF THE ENTIRE PARCEL LOCATED. ADDRESS FOR THIS IS 330 NORTHWEST ORLEANS DRIVE.

I DO HAVE REPRESENTATIVES FROM.

PROJECT MANAGERS KW HERE IF Y'ALL HAVE ANY QUESTIONS FOR THEM.

IF Y'ALL HAVE ANY OTHER QUESTIONS FOR ME.

BE HAPPY TO ANSWER. DOES THE CITY PAY FOR THE FIRE HYDRANT OR DO THEY PAY FOR THE.

WOULD IT BE IN THE INTERNAL ONE.

THE APPLICANT WOULD BE REQUIRED TO PAY FOR THAT ONE.

AND YOU GUYS ARE SATISFIED WITH ALL THE REQUIREMENTS AND EVERYTHING.

YOU'RE GOOD WITH THIS? YES, SIR. ALL THE ALL THE REQUIREMENTS AND A FEW MORE. JUST. THOSE ARE THE HIGH POINTS. BUT. YES, SIR. OKAY.

AS LONG AS ALL REQUIREMENTS ARE MET.

I HAVE A QUESTION FOR YOU.

OKAY. SO SOMETIMES WE HAVE HIGH WINDS, TORNADOES AND ALL THAT.

HOW DO YOU PROTECT AGAINST THAT WITH A 30,000 STORAGE TANK, PROPANE OR WHAT HAPPENS WITH IT? I MEAN, I REALLY DON'T KNOW HOW THAT WORKS.

IT'S PRETTY HEAVY, ISN'T IT? I WAS GOING TO SAY 30,000 GALLONS IS INDUSTRIAL SITES, SO. NORTH OF TOWN ON 59 AT THE BY THE GUN SALES.

YOU HAVE TWO HUMONGOUS TANKS THAT ARE BY AUTOMATIC, I THINK, AUTOMATIC GAS.

I MEAN, WE'RE TALKING ABOUT A SUBSTANTIAL TANK, SUBSTANTIAL WEIGHT. YEAH.

I MEAN, SO THEY KNOW WE HAVEN'T HAD ANY PROBLEMS WITH THEM.

IT'S NOT THEY HAVEN'T BEEN TOUCHED.

IF YOU GOT TO WIN THAT HIGH.

I HAVE NO HAIR ON YOUR HEAD.

I WAS GOING TO SAY IT'S GOING TO TAKE AN ISSUE.

WE'VE HAD A LOT. I MEAN, WE'VE HAD SOME HURRICANE WINS.

YEAH. SO IS THAT WHAT HAPPENED? NO. RANDY APOLOGIZES. NO, I DON'T KNOW.

VERY SERIOUS TOPIC. ANY OTHER QUESTIONS? SO. SO REALLY I WAS THINKING ABOUT I MEAN, WE'VE HAD A HURRICANE HARVEY AND WE'VE HAD RITA AND YOU KNOW, ALL THESE OTHER ONES AND THEY HAVEN'T IMPACTED THE SITE.

NO, MA'AM. NOT THAT WE'RE AWARE OF. THAT'S ALL I HAD A QUESTION ABOUT.

AND I GUESS LATER ON THEY WON'T BE ABLE TO BUILD A BUILDING CLOSER TO IT.

I MEAN, I KNOW RIGHT NOW THERE ARE NO BUILDINGS, NO WHERE THE TANK IS PLACED AT RIGHT NOW.

YEAH. THEY WOULD, THEY WOULD STILL HAVE TO FALL WITHIN THE CRITERIA IF THEY EVER WANTED TO PUT ANOTHER BUILDING ON THE PROPERTY, IT WOULD STILL HAVE TO BE AT LEAST A 50 FOOT AWAY FROM THE TANK. YOU CAN'T BUILD ANY CLOSER THAN THE 50 FOOT TO THE TANK.

THOSE ARE MY ONLY QUESTIONS.

ANY OTHER QUESTIONS FOR ME? I'LL ENTERTAIN A MOTION.

I'LL MAKE A MOTION THAT WE APPROVE THE PERMIT FOR INSTALLATION OF 30,000 GALLON BULK ABOVE GROUND LIQUEFIED PETROLEUM.

SECOND, HAVE A MOTION.

SECOND. ALL IN FAVOR? AYE.

MOTION CARRIES UNANIMOUSLY.

THANK YOU SIR. ITEM SIX J DISCUSS OPTIONS REGARDING THE APPOINTMENT OF PLANNING AND

[6.J. Discuss options regarding the appointment of Planning and Zoning Commission alternate members. (Executive Director of Development and Infrastructure)]

ZONING COMMISSION ALTERNATE MEMBERS.

MR. NJOO. GOOD EVENING, MAYOR AND COUNCIL.

MY NEW EXECUTIVE DIRECTOR OF DEVELOPMENT AND INFRASTRUCTURE.

THIS IS NOT AN ACTION ITEM TONIGHT.

THIS ITEM IS REALLY TO GET COUNCIL FEEDBACK ON STAFF POTENTIALLY PURSUING THE IDEA OF APPOINTMENT OF ALTERNATES TO THE PLANNING AND ZONING COMMISSION. A LITTLE BIT OF BACKGROUND. OF COURSE, COUNCIL IS AWARE THE COMMISSION PROVIDES RECOMMENDATIONS ON ANY ZONING REQUEST AND SERVES AS A QUASI QUASI JUDICIAL AUTHORITY ON PLANNING REQUESTS AND PLAT CHANGES, FINAL PLATS, PRELIMINARY PLATS SUBDIVISIONS.

TYPICALLY MANY OF THOSE GO BEFORE PLANNING AND ZONING COMMISSION AND DON'T COME UP TO THE THRESHOLD OF THE COUNCIL LEVEL.

BUT COUNCIL DOES SEE A LOT OF THOSE RECOMMENDATIONS, A LOT OF THINGS THAT COME BEFORE PLANNING AND ZONING. COUNCIL ALSO CONSIDERS THESE ITEMS. THERE'S BEEN STRONG ATTENDANCE FROM OUR PLANNING AND ZONING COMMISSION MEMBERS. WE'VE SORT OF SINCE I'VE BEEN ON BOARD, WE'VE TRACKED ATTENDANCE OF OUR COMMISSIONERS. IT'S HOVERED AROUND 90% GENERALLY THROUGHOUT THE YEAR SINCE 24, 24 AND 25, WE'VE HAD ON AVERAGE ABOUT TWO MEETINGS WHERE THERE'S BEEN NO BUSINESS OF THE COMMISSION. BUT WHEN THERE HAS BEEN BUSINESS, WE'VE HAD MULTIPLE ITEMS. SO THERE'S BEEN A GOOD FLOW OF BUSINESS FOR THE COMMISSION TO CONSIDER.

AND THAT HAS OFTEN TRICKLED UP TO COUNCIL.

WE TRY TO DO THOSE IN A VERY TIMELY FASHION.

ONE OF THE ELEMENTS THAT HAS COME UP OF LATE, WE DID HAVE A CANCELLATION OF A COMMISSION MEETING IN FEBRUARY DUE TO LACK OF QUORUM.

WE WERE CLOSE TO SUBSEQUENT LACK OF QUORUM FOR OUR MARCH 9TH MEETING.

WE DID HAVE THREE MEMBERS ABLE TO ATTEND THAT MEETING, BUT IT DID GIVE STAFF SORT OF A RED FLAG THAT IF THIS WERE GOING TO BE SOMETHING WE HAVE TO BE CONCERNED ABOUT IN FUTURE MEETINGS.

WE KNEW THAT COULD CREATE A DELAY IN THE PROCESS.

SOME OF SOME OF THESE DEVELOPMENT REQUESTS.

[00:55:01]

ZONING REQUESTS IN PARTICULAR, BUT ALSO PLANNING REQUESTS THAT THAT REALLY DON'T RISE TO. COUNCIL'S THRESHOLD.

BUT IT'S IMPORTANT FOR THE COMMISSION TO CONSIDER THAT BUSINESS. ONE OF THE OTHER ELEMENTS INVOLVED IN THIS IS SOME LEGISLATION THAT THE STATE HAD PASSED IN 2019.

WE MAY HAVE BROUGHT THIS TO THE COUNCIL BEFORE.

YOU'VE HEARD THE TERM SHOT CLOCK.

THAT'S OUR COLLOQUIAL TERM FOR HB 3167.

IT APPLIES A 30 DAY TIMELINE TO THE HEARING OF REQUESTS FROM DEVELOPERS, FROM PROPERTY OWNERS. THAT CONSIDERATION, THOSE REQUESTS MUST BE HEARD BEFORE A SUBSEQUENT COMMISSION OR COUNCIL OR GOVERNING BODY WITHIN 30 DAYS.

THAT MEANS STAFF HAS TO GO THROUGH THE REVIEW PROCESS IN A TIMELY MANNER AND ALLOW THAT HEARING TO TAKE PLACE SO THAT DEVELOPMENT IS NOT INTERRUPTED UNNECESSARILY.

SINCE OUR COMMISSION MEETS EVERY 30 DAYS, ANY INTERRUPTIONS IN MEETINGS COULD CREATE SOME DELAYS, COULD CREATE SOME PROBLEMS FOR THAT PROCESS.

IT COULD TRIGGER SOME STATE STATUTES TO COME INTO PLAY.

AND THEN ESSENTIALLY, THAT WOULD SUPERSEDE OR PREEMPT THE CITY'S AUTHORITY WITH REGARD TO PLATS OR OR OTHER REQUESTS RELATED TO DEVELOPMENT.

NOW, WHILE THE STATE REQUIRES ALTERNATE MEMBERS TO SERVE ON BODIES LIKE THE BUILDING STANDARDS COMMISSION, ON BODIES LIKE THE ZONING BOARD OF ADJUSTMENT, AND WE WE HAVE ALTERNATE MEMBERS FOR BOTH OF THOSE GROUPS.

IT DOESN'T NECESSARILY REQUIRE ALTERNATE MEMBERS FOR PLANNING AND ZONING COMMISSIONS.

THERE ARE MANY CITIES IN TEXAS THAT HAVE ALTERNATE MEMBERS FOR THAT VERY REASON.

AND THE STAFF IS TONIGHT JUST SEEKING COUNCIL'S FEEDBACK ON MAYBE CONSIDERING THAT AND IF, IF COUNCIL IS MAYBE SUPPORTIVE OF THE POTENTIAL FOR ALTERNATE MEMBERS.

WE WELCOME YOUR FEEDBACK. WE COULD START THAT PROCESS.

WE WOULDN'T WANT TO DO ANYTHING BEFORE COUNCIL'S REGULAR APPOINTMENT SCHEDULE THIS SUMMER, BUT IF WE WERE TO DO THAT, WE WANT TO PUT THIS BEFORE THE ZONING ORDINANCE SUBCOMMITTEE. HAVE THEM WORK THROUGH SOME OF THE FINER POINTS OF POTENTIAL ORDINANCE AMENDMENTS. BRING THAT TO COUNCIL. HAVE ALL THAT DONE BEFORE COUNCIL'S APPOINTMENT. OF OTHER BOARD AND COMMISSION MEMBERS BEGINS, AND I GUESS IT'S FINALIZED THIS SUMMER.

WE DO HAVE A LOT OF IMPORTANT BUSINESS BEFORE THE COUNCIL THAT PLANNING AND ZONING COMMISSION WILL NEED TO WEIGH IN ON. WE'VE GOT OTHER LEGISLATIVE PREEMPTED ISSUES TO, TO WRESTLE WITH. AND OUR NEXT SUBCOMMITTEE MEETING WILL DEAL WITH A COUPLE OF THOSE.

THERE WILL BE POTENTIALLY IF, IF WE'RE FORTUNATE ENOUGH TO RECEIVE A GRANT AWARD WE HAVEN'T HEARD BACK FROM YET ON OUR COMPREHENSIVE PLAN GRANT APPLICATION.

BUT ONCE, IF, AND ONCE THAT BUSINESS AND THAT PROCESS FOR UPDATING OUR COMPREHENSIVE PLAN BEGINS, WE WANT TO MAKE SURE WE'RE ON A GOOD TIMELINE TO GET SOMETHING IN PLACE AS AS SOON AND AS EFFICIENT AS POSSIBLE.

AND HAVING A PLANNING AND ZONING COMMISSION MEET ON A REGULARLY SCHEDULED BASIS WITH NO INTERRUPTIONS WILL HELP FACILITATE THAT.

SO AS A STAFF, I JUST WELCOME COUNCIL'S FEEDBACK.

ANY QUESTIONS THAT YOU MIGHT HAVE REGARDING POTENTIALLY APPOINTING ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION? I GOT LET ME SAY ONE THING, MIKE, THAT I KNOW THAT THE LAST MEETING, IF I DON'T KNOW WHO IT WAS, BUT IF HE HADN'T COME BACK FROM OUT OF TOWN TO ATTEND THAT MEETING, THERE COULD HAVE POSSIBLY BEEN A DECISION MADE THAT MIGHT NOT HAVE BEEN IT WOULD HAVE BEEN. IT WOULD HAVE BEEN A FORCED DECISION BECAUSE A LACK OF P AND Z MEETING TO ME, HAVING A QUORUM, TWO MEETINGS IN A ROW.

IS THAT CORRECT? WE HAD TWO PLAT APPLICATIONS THAT HAD BEEN DELAYED.

ONE CYCLE THAT WERE SLATED TO BE ON THE FEBRUARY MEETING THAT WERE MOVED TO THE MARCH MEETING, HAD THEY BEEN DELAYED AGAIN, WE WOULD HAVE PROVIDED THE OPTION TO THE APPLICANTS TO REQUEST A DECISION ABSENT COMMISSION'S AUTHORITY, WHICH THE STATE ALLOWS FOR IN NEW LEGISLATION.

OKAY. LET'S SEE, I, I DON'T I THINK AS THIS CITY GROWS, I THINK, I THINK IT'S IMPERATIVE THAT WE HAVE AT LEAST ALTERNATES THAT WE CAN CALL IN TO WHERE WE HAVE OUR PNC MEETINGS.

AND IT'S, I KNOW SOMETIMES IT CAN'T BE HELPED, BUT, BUT TIME IS MONEY TO ALL THESE PEOPLE THAT ARE EITHER SEEKING PLANTS OR WHATEVER, AND YOU DELAY IT AGAIN ANOTHER 15 OR 30 DAYS.

WELL, THAT'S MONEY TO A BUSINESSMAN, YOU KNOW, AND I WOULD HIGHLY RECOMMEND THAT THIS COUNCIL THE NEXT TIME WE DO COMMITTEES.

ADD WHATEVER YOU RECOMMEND.

ALTERNATES TO THE PNC SO WE DON'T GET IN THIS SITUATION AGAIN.

TO REMIND THE COUNCIL, WE, WE DID GO THROUGH ABOUT SIX MONTHS AGO,

[01:00:05]

MAYBE A LITTLE MORE. WE WENT THROUGH A PROCESS WITH OUR ZONING BOARD OF ADJUSTMENT TO ESTABLISH RULES OF PROCEDURE.

THEY HAD RULES OF PROCEDURE. WE UPDATED THEM SIGNIFICANTLY, BUT SOME OF THAT WAS TO ACCOUNT FOR HOW THE ALTERNATE MEMBERS WOULD BE SEATED IN A PARTICULAR MEETING AND WHAT THE PROCESS IS FOR THAT, HOW THEY'RE APPOINTED, PARTICULARLY BY COUNCIL.

SO WE'VE GOT A BIT OF A PRECEDENT.

IF THERE ARE ORDINANCE CHANGES, AGAIN, THIS WOULD GO THROUGH CHAPTER 118.

THIS WOULD GO THROUGH THE ZONING ORDINANCE TO MAKE CHANGES TO THE COMMISSION STRUCTURE AND POWERS. WE WOULD LOOK FOR RED LINES TO ACCOUNT FOR ALTERNATE MEMBERS, HOW THEY'RE SEATED, HOW THEY'RE APPOINTED BY COUNCIL, WHAT POTENTIALLY WHAT THE PROCESS IS FOR THEM REPLACING, A REGULAR APPOINTED MEMBER.

ALL OF THOSE THINGS WOULD WOULD KIND OF FALL INTO GETTING THAT IN PLACE TO ALLOW FOR THOSE ALTERNATES TO BE ACTIVE.

ONE OF THE ELEMENTS OF ZONING BOARD OF ADJUSTMENTS CHANGES WAS THAT THE ALTERNATE MEMBERS WOULD BE REQUIRED TO ATTEND THOSE MEETINGS, EVEN IF THEY WEREN'T SEATED ON THE DAIS AS PART OF THE VOTING MEMBERSHIP, THEY WOULD BE REQUIRED TO ATTEND AND THEREFORE READY IF NEEDED.

WE'VE ALSO ACCOUNTED FOR POTENTIAL CONFLICTS OF INTEREST.

AGAIN, WE HAVEN'T REALLY DISCUSSED THE ELEMENTS AND HOW THAT RELATES TO PNC SPECIFIC, BUT WE DID GO THROUGH THAT PROCESS WITH ZONING BOARD OF ADJUSTMENT.

SO WE CAN MOVE A LITTLE BIT QUICKLY TO GET THINGS IN PLACE TO, TO FOLLOW COUNCIL'S REGULAR APPOINTMENT SCHEDULE FOR THIS NEXT CYCLE.

AND TO THE MAYOR'S POINT DEVELOPMENT DOES FOLLOW A TIMELINE AND TIME WASTED IS, IS MONEY LOST TYPICALLY IN A LOT OF DECISIONS.

WE DON'T WANT TO GET AHEAD OF OUR PROCESS AND OUR PURPOSE, BUT WE WANT TO BE EFFICIENT AND TIMELY AND WE SCHEDULE.

WE HAVE REGULARLY SCHEDULED MEETING DAYS OF EVERY MONTH FOR THAT VERY REASON.

IF WE WERE TO CONSIDER POTENTIALLY ADDING OTHER MEETING DATES, I DON'T KNOW THAT THAT WOULD NECESSARILY FIX THIS ISSUE.

IT MAY EVEN COMPLICATE IT EVEN MORE.

IF WE'RE PROVIDING MORE NOTICES AND MORE MEETING DATES. BUT WE DEFINITELY DON'T WANT TO MISS THOSE 30 DAY WINDOWS.

IF THERE ARE FUTURE LEGISLATIVE CHANGES THAT COULD COMPLICATE IT EVEN MORE.

IF OUR TIMELINES ARE SHRUNK OR SHRUNK EVEN MORE, THAT MAY CHANGE. OUR PROCESS FOR HOW PLANNING AND ZONING MEETS AND DOES BUSINESS, BUT FOR NOW. MAYBE EVEN THE POTENTIAL FOR TWO ALTERNATE MEMBERS WOULDN'T WANT TO DO MORE THAN THAT WOULD SUFFICE.

TO KIND OF COVER GROUND AND MAKE SURE THAT MEMBERS AREN'T OVERLY BURDENED.

BUT ALSO THAT THERE'S SOME FLEXIBILITY IN MAKING SURE THESE MEETINGS TAKE PLACE. RIGHT? WELL, I'D JUST LIKE TO SAY I APPRECIATE YOUR FORESIGHT IN THINKING ABOUT THAT, PARTICULARLY WITH THE SHOT CLOCK.

CLOCK CLOCK. SHOT CLOCK.

SHOT CLOCK. THAT'S RIGHT. AND AND ALSO I APPRECIATE THAT IT'S GOING TO GO THROUGH THE SAME PROCEDURES WITH THE COMMITTEE.

I THINK THAT'S GREAT. AND MOST OF ALL, I APPRECIATE THAT YOU DON'T ANTICIPATE THAT WE NEED TO FILL THOSE POSITIONS UNTIL THE NEXT CYCLE, BUT WE'D BE READY TO DO IT.

IT SOUNDS GREAT TO ME.

THE TWO MEMBERS AND BUT BUT I'D LEAVE IT UP TO THE COMMITTEE.

HOW HOW WHAT THEIR SUGGESTION IS.

ALL THREE. I JUST SENT A RSVP REQUEST TO THE SUBCOMMITTEE MEMBERS TO MEET AT THE VERY END OF THIS MONTH. WE HAVE A COUPLE OF OTHER ITEMS OF BUSINESS TO GO THROUGH.

THIS WOULD BE ANOTHER ITEM, BUT AGAIN, THE COMMITTEE HAS ALREADY GONE THROUGH THE HARD PARTS OF PROCEDURAL RULES FOR ALTERNATE MEMBERS.

WITH THE ZONING BOARD OF ADJUSTMENT. SO I THINK THERE'LL BE SOME HOPEFULLY SOME SWIFT ACTION AND SOME GOOD FEEDBACK FROM THE SUBCOMMITTEE THAT WE CAN BRING TO COUNCIL VERY QUICKLY. SO IN A WORST CASE SCENARIO, IF THE SHOT CLOCK WAS ACTIVATED AND YOU GOT 30 DAYS THE COUNCIL USUALLY MEETS TWO WEEKS AFTER THAT.

COULD THE COUNCIL CONSIDER A DECISION? FOR THE PNC WITHOUT THEM MEETING? SORRY. WELL, WE'D HAVE TO LOOK AT WHAT OUR WHAT OUR ORDINANCE SAYS AND WHAT THE STATE PROVIDES FOR. BUT THAT'S THAT'S A POSSIBILITY.

WE JUST WANT TO MAKE SURE OUR ORDINANCE LANGUAGE REFLECTS THAT AS WELL.

IT'S SOMETHING TO CHECK INTO BECAUSE WE MAY HAVE THAT WORST CASE SCENARIO.

SURE, SURE. BUT JERRY, I GUESS TECHNICALLY THEY, THEY STILL HAVE TO HAVE A SEPARATE.

YOU STILL HAVE TO IF YOU HAVE ZONING, YOU STILL HAVE TO HAVE A SEPARATE BODY.

CORRECT. AND I THINK DON'T QUOTE ME ON THIS, BUT I THINK, AS I RECALL, LOOKING AT BOTH OUR ORDINANCE AND THE LOCAL GOVERNMENT CODE, THAT THAT THAT PURVIEW IS GIVEN TO THE PLANNING AND ZONING IF YOU HAVE THAT COMMISSION. SO I DON'T THINK THAT THE CITY COUNCIL COULD THEN STEP IN AND TAKE ON THAT ROLE. IF THE COUNCIL IF THE CITY IF THE PLANNING ZONING COMMISSION COULD NOT MEET.

I DON'T THINK THAT'S PERMITTED. YOU WOULD STILL HAVE THE POSTING REQUIREMENTS TOO, CORRECT? CORRECT. SO, I MEAN, IF YOU IF YOU KICKED IT OUT PAST THE 30 DAYS FOR THAT, YOU WOULD STILL HAVE THAT SAME ISSUE, CORRECT? THAT MAY APPLY IN SOME CASES PRIMARILY WHAT THE, WHAT MAY HAVE BEEN AFFECTED BY STATE STATUTE IN THE LAST DELAYED MEETING WOULD HAVE BEEN

[01:05:05]

APPLICATIONS THAT WOULDN'T REQUIRE A PUBLIC HEARING POSTING.

THOSE ARE MORE STRINGENT FOR ZONING REQUESTS PARTICULARLY.

SO SOMETIMES THAT WILL APPLY AND OTHER TIMES NOT WHERE MEETINGS CAN BE HELD.

AND THE COMMISSION COULD EVEN CALL A SPECIAL MEETING.

CORRECT. AGAIN, ONE OF THE THINGS THAT LED TO A POTENTIALLY A SUBSEQUENT SECOND DELAY OF THAT MEETING OR CANCELLATION OF THAT MEETING WAS JUST SOME SCHEDULING CHANGES AT THE LAST MINUTE. SO WE WANTED TO MAKE SURE THIS COULD BE A WAY TO KIND OF BUFFER THAT ISSUE SO THAT IT REALLY ISN'T AN ISSUE IN THE FUTURE.

AND JERRY, I GUESS IT LET'S SAY THERE WASN'T A QUORUM, AT LEAST ON THAT ONE ITEM.

IT ALMOST WOULD HAVE BEEN EFFECTIVELY DEEMED APPROVED AND THEN ONLY UP TO COUNCIL TO DENY IS. AND THERE'S A BODY OF CASEWORK.

I'M ASSUMING THAT ALREADY SPEAKS TO THAT SAME SCENARIO.

WE'RE TALKING ABOUT A PLANNING ISSUE. IT WOULDN'T COME UP TO THE COUNCIL AT THAT POINT. OKAY. SO IT JUST IT JUST IT'S APPROVED AND THAT'S IT.

CORRECT. OKAY. YEAH. ESSENTIALLY BE APPROVED AS KIND OF A MATTER OF LAW TYPE ISSUE AT THAT POINT. WELL, I MEAN, I THINK YOU HAVE TO GIVE THEM NOTICE.

I THINK, AS I RECALL, THE STATUTE MIGHT CORRECT ME IF I'M WRONG, BUT YOU GIVE THE APPLICANT NOTICE OF THE THE INABILITY OF THE PLANNING AND ZONING TO MEET.

BUT, YOU KNOW, UNLESS THEY SAY, OKAY, WE'LL AGREE TO DELAY IT FOR ANOTHER TIME, THEN. IF BOTH PARTIES CAN AGREE TO THE DELAY, YOU CAN, YOU CAN EXTEND THAT.

BUT IF ONE PARTY DOES NOT, THEN IT CANNOT BE EXTENDED AND BE AUTOMATICALLY APPROVED AT THAT POINT. THAT'S RIGHT. THE STATE ALLOWS FOR PLATT TO BE AUTOMATICALLY APPROVED UPON THE APPLICANT'S REQUEST, MEANING WE HAVE TO PROVIDE THE APPLICANT WITH THE ABILITY OR THE KNOWLEDGE TO MAKE THAT REQUEST. I'M GOING TO TELL YOU 99.9% OF APPLICANTS WILL MAKE THAT REQUEST IF OFFERED.

SO I WOULD TOO. ALL THAT TO SAY IS THAT THERE'S A PROCESS FOR THAT TOO.

AND WE'RE OBLIGATED TO, TO FACILITATE THAT PROCESS IF WE GET TO THAT POINT, WHAT WE WANT TO DO IS MAKE SURE THE PLANNING AND ZONING COMMISSION SHOULD HAVE THE AUTHORITY IT'S GIVEN.

THEY SHOULD EXERCISE THAT AUTHORITY, THEY SHOULD BE ABLE TO MEET AND DO THAT. WE DON'T WANT THAT TO BE SUPERSEDED NECESSARILY BY THE STATE EVEN.

EVEN IF SOMETHING'S LIKELY TO BE CONSIDERED AND APPROVED, THEY SHOULD EXERCISE THAT AUTHORITY BECAUSE IT'S WHAT THEY WERE APPOINTED TO DO.

SO WE DON'T, WE DON'T WANT THERE TO BE DELAYS OR UNNECESSARY APPROVALS OR LACK OF INPUT FROM THAT COMMISSION WHEN WE DON'T HAVE TO HAVE THAT. SO I THINK IT'S A CONSENSUS.

WOULD YOU AGREE THAT. GO AHEAD AND PURSUE THIS.

WE WILL DO THAT. OUR NEXT.

THIS WILL COME ON THE NEXT ZONING SUBCOMMITTEE BUSINESS AGENDA, AND THEN WE WILL MOVE IT FORWARD TO PLANNING AND ZONING EVENTUALLY.

COUNCIL ONCE AGAIN FOR DECISION.

THANK YOU. THANK YOU VERY MUCH.

OKAY. THAT CONCLUDES THE REGULAR AGENDA OF TONIGHT'S CITY COUNCIL MEETING PURSUANT TO

[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.]

TEXAS GOVERNMENT CODE SECTION 551.071.

WE WILL ADJOURN INTO EXECUTIVE SESSION.

WE'LL BE BACK SHORTLY. VERY MUCH.

OKAY. WE'RE RETURNING FROM EXECUTIVE SESSION AT 6:52 P.M.

PURSUANT TO TEXAS GOVERNMENT CODE SECTION.

551.071. NO ACTION TAKEN.

THAT CONCLUDES OUR MEETING.

THANK EVERYBODY FOR COMING.

GOD BLESS THE GREAT CITY OF NACOGDOCHES, TEXAS.

ALL RIGHT.

* This transcript was compiled from uncorrected Closed Captioning.

Mar 17, 2026 City Council

Link

Social

Embed

Download

Download Selected Item