[00:00:02]
>> GOOD EVENING, FLOWER MOUND.
[A. CALL TO ORDER]
THE TIME IS NOW 6:00 O'CLOCK.I AM NOW CALLING THIS MEETING TO ORDER.
PLEASE WELCOME CHAPLAIN LANGSTAFF, AND HE WILL LEAD US INTO OUR INVOCATION AND THEN REMAIN STANDING FOR OUR PLEDGES.
>> MIGHTY, PROVIDER HEALER GOD, WE COME THIS DAY FOREVER, DECLARE THAT YOU ARE OUR GOD.
WE LOVE YOU, WE PRAISE YOU AND GOD, WE'RE GIVING BACK JUST A SIMPLE OF YOUR LOVE.
YOUR LOVE IS AMAZING, IT SPREADS THROUGHOUT ALL CREATION, AND IT'S HERE IN FLOWER MOUNT, AND I THANK YOU.
IF THERE IS ANYTHING LIKE SIN IN MY HEART OR IN THIS CIRCLE, PLEASE WASH US BY THE BLOOD OF JESUS CHRIST.
WE MAY BE PERFECTED IN YOUR WILL AND THAT LOVE GROW IN US, AND IT'S SPARE IN OUR COMMUNITY AND EVERYBODY KNOW THAT FLOWER MOUNT IS A LOVING COMMUNITY WITH PEOPLE WHO WILL SERVE.
AS PAUL TOLD US IN ROMANS 12: 1 "HE SAID, I BESEECH YOU" THEREFORE, HE'S BEGGING THAT YOU PRESENT YOURSELF AS A LIVING SACRIFICE, HOLDING ACCEPTED GOD, WHICH IS YOUR REASONABLE SERVICE.
GOD, IT IS ONLY REASONABLE THAT WE SERVE YOU.
THANK YOU FOR A LEADERSHIP TEAM THAT SERVES YOU AND GIVES A GOOD EXAMPLE.
I THANK YOU FOR THEM, I THANK YOU FOR ALL OF OUR FAMILIES, SCHOOLS, TEACHERS, CHURCHES, POLICE OFFICERS WHO ARE ON THE LINE, THE FIREMEN ON THE LINE, CITY COUNCILMAN WHO GIVE IT, AND FOR THE WORKERS WHO DO IT, THE ACTIVE DUTY SERVICE MEMBERS, THE VETERANS, AND ESPECIALLY FOR THE MAYOR OF THIS CITY.
THANK YOU. I THANK YOU FOR PLACING US IN THE GREATEST NATION IN THE GREATEST WORLD, IN THE GREATEST CITY SO THAT WE CAN BE BLESSED TO BLESS OTHERS.
BLESS OUR MAYOR, HER LEADERS, THE COUNCIL, THE WORKERS, AND ALL OF THAT AS THEY MOVE FORWARD IN THIS AGENDA TONIGHT WITH THE CAPITAL CAMPAIGN IMPROVEMENT, ECONOMIC DEVELOPMENT LEADERSHIP, AND DEVELOPMENT OF THEM, THE PREPARATION, THE POLICIES, PROVISIONS, THE FUTURE, THE AGENDA ITEMS, AND HELPING THE PEOPLE TO GROW STRONG IN 2025 SO THAT IT'S PREPARATION FOR EVEN GREATER YEARS TO COME.
HELP US TO ALWAYS HELP THE SICK, THE HURTING AND POOR IN FLOWER MOUNT, TEXAS.
THE WORLD, UKRAINE, AND AROUND THE WORLD, BLESS NOW THIS MEETING, PROVIDE AND INFORM US AS CITIZENS, SO WE PROSPER IN PRAYER AND WE WORK TOGETHER WITH THE LOVE THAT YOU HAVE SHOWN US IN JESUS OF CHRIST'S NAME, AMEN.
>> THANK YOU, CHAMPLAIN. I'M GOING TO COME DOWN THERE FOR SOME PRESENTATIONS.
[D. PRESENTATION(S)]
I'M GOING TO WELCOME TONIGHT'S HOMETOWN HERO.VICTOR FLORES, IF YOU'D LIKE TO COME UP HERE.
THIS IS A PROCLAMATION IN HONOR OF VIEW.
WHEREAS STAFF SERGEANT VICTOR FLORES JOINED THE UNITED STATES MARINE CORPS IN 2001.
HE SERVED AS AN INFANTRY MAN IN THE IRAQ WAR BEFORE BEING HONORABLY DISCHARGED IN 2008.
VICTOR FLORES PURSUED A LAW DEGREE FOLLOWING HIS MILITARY SERVICE AND IS NOW A MUNICIPAL ATTORNEY IN NORTH TEXAS.
HE USES HIS LAW DEGREE AND MILITARY EXPERIENCE TO SERVE HIS COMMUNITY.
HE LIVES IN FLOWER MOUNT, TEXAS WITH HIS WIFE AND HIS TWO SONS.
I CHERYL MOORE, MAYOR OF THE TOWN OF FLOWER MOUNT, TEXAS, AND ON BEHALF OF THE MEMBERS OF OUR TOWN COUNCIL, AND ALL OF OUR CITIZENS HERE IN FLOWER MOUNT, DO HEREBY RECOGNIZE AND HONOR YOU AS OUR HOMETOWN HERO. [APPLAUSE]
[00:05:17]
>> WE HAVE ANOTHER PROCLAMATION TONIGHT.
THIS IS FOR OUR SENIOR PROGRAMS MANAGER.
HELLO, JAMIE, SO THIS IS A SPECIAL ONE TOO AS WELL.
ON THIS PROCLAMATION, THROUGH ITS WIDE RANGE OF SERVICES, PROGRAMS AND ACTIVITIES, THE FLOWER MOUND SENIOR CENTER, EMPOWER CITIZENS 15 YEARS AND OLDER TO ENHANCE THEIR OWN HEALTH AND WELL BEING, AS WELL AS THAT OF FELLOW RESIDENTS OF ALL AGES.
THE FLOWER MOUND SENIOR CENTER AFFIRMS THE DIGNITY, SELF WORTH, AND INDEPENDENCE OF OLDER ADULTS BY SUPPORTING THEIR DECISIONS, TAPPING THEIR EXPERIENCE AND SKILLS, AND ENABLING CONTINUED CONTRIBUTIONS TO THE COMMUNITY.
THE FLOWER MOUND SENIOR CENTER, IS RECOGNIZED AS A NATIONALLY ACCREDITED SENIOR CENTER THROUGH THE NATIONAL COUNCIL ON AGING.
WE VALUE THE VITAL CONTRIBUTIONS OF EMPLOYEES AND VOLUNTEERS WHO PROVIDE NUTRITIOUS MEALS, FITNESS, CREATIVE ARTS CLASSES, HEALTH AND WELLNESS EDUCATION, BENEFITS AND FINANCIAL INFORMATION, TRANSPORTATION, AND A VARIETY OF OTHER SERVICES AND ACTIVITIES.
NOW, THEREFORE, I CHERYL MOORE, MAYOR OF THE TOWN OF FLOWER MOUND, AND ON BEHALF OF OUR MEMBERS OF THE TOWN COUNCIL DO HEREBY PROCLAIM AUGUST 2025 AS SENIOR CENTER MONTH.
[APPLAUSE] JAMIE, WOULD YOU LIKE TO SAY A FEW WORDS?
>> THANK YOU. MY NAME IS JAMIE JACO COOPER, AND I'M THE MANAGER OF THE FLORE MOUNT SENIOR CENTER.
I'D LOVE TO INVITE ALL OF YOU GUYS TO COME UP NEXT MONTH TO CELEBRATE NATIONAL SENIOR CENTER MONTH WITH US.
WE ARE TAKING ON THE THEME OF WE ARE THE SENIOR CENTER OF THE FUTURE, AND WE ARE ABLE TO DELIVER A LOT OF REALLY EXCITING PROGRAMS FOR OUR MEMBERS AND FOR FUTURE MEMBERS.
HOPEFULLY ALL OF YOU GUYS WILL BE MEMBERS ONE DAY.
NEXT MONTH, WE'RE GOING TO BE HAVING A REALLY FUN NON DISCO PARTY.
WE'LL BE LEARNING ABOUT NINTENDO SWITCH BOWLING.
WE'LL BE CONTINUING OUR VIRTUAL REALITY CLASSES, AND WE'LL BE LEARNING A LOT OF DIFFERENT CLASSES ABOUT TECHNOLOGY AND WHERE THINGS ARE GOING.
I'VE GOT SOME CALENDARS OUT FRONT FOR YOU AND COME CELEBRATE SENIOR CENTER MONTH WITH US.
WE ARE GOING TO GO AHEAD AND DO PUBLIC COMMENT. LET ME GET ON.
[E. PUBLIC COMMENT]
[INAUDIBLE] ITEM E IS THE PUBLIC COMMENT.WE HAVE JUST A FEW COMMENT CARDS.
IF YOU WISH TO MAKE ANY PUBLIC COMMENTS THAT ARE NOT RELATED TO THE PUBLIC HEARING TONIGHT, YOU MAY FILL OUT A CARD AND GIVE IT TO THE TOWN SECRETARY.
FIRST TO SPEAK TONIGHT ON PUBLIC COMMENT IS MICHELLE MCMAHON WHEN YOU COME UP FOR PUBLIC COMMENT, JUST STATE YOUR NAME AND ADDRESS AND YOU HAVE THREE MINUTES TO SPEAK.
>> GOOD EVENING, MAYOR CHERYL MORE, GOOD EVENING, COUNSEL.
I'M SO HAPPY TO BE HERE I'M MICHELLE MCMAHON 9204 CHEROKEE TRAIL AND FLOWER MOUND.
I'M ALSO HERE AS A REPRESENTATIVE OF SPAM MILLS ON WHEELS OF DENTON COUNTY, AND REALLY WANTED TO THANK YOU FOR ALL YOUR SUPPORT.
WE'VE BEEN SERVING DENTON COUNTY FOR 51 YEARS, AND WE LOVE WHAT WE DO.
MAYOR CHERYL MORE, THANK YOU FOR ALL YOUR SUPPORT GOING ABOVE AND BEYOND FOR OUR FUND RAISERS, WHICH IS SO IMPORTANT.
FEDERAL FUNDING IS NOT ENOUGH AND RAISING IS VERY IMPORTANT AND YOU'VE GONE ABOVE AND BEYOND TO SUPPORT OUR MISSION AND WHAT WE DO.
I WANTED TO PERSONALLY THANK YOU AND ACKNOWLEDGE ALL YOUR EFFORTS.
YOU MAY NOTICE I DON'T REALLY WEAR THIS EVERY DAY.
[00:10:03]
I'M DUCT OUT TODAY BECAUSE I'M ALSO VERY EXCITED ABOUT THE BUCKET DUCK CAMPAIGN BY CROSS TIMBERS ROTARY AND THEY DO THE DUCK DERBY EVERY YEAR.SEPTEMBER 20TH, THEY'LL BE DOING THE DUCK DERBY RIGHT HERE IN FLOWER MOUND AT THE RIVER WALK.
WE ARE VERY HAPPY FOR THE SUPPORT THAT WE GET THROUGH THIS EVENT AND MANY MANY WORTHY CHARITIES GET SUPPORTED THROUGH THIS ACTIVITY BY THE CROSS TIMBERS ROTARY.
I HAVE MY COACH AT ON TODAY BECAUSE WE WERE OUT TRAINING OUR REPRESENTATIVE, CLINTON THE DUCK.
IT'S CALLED QUACK STREET BOYS.
THERE WILL BE A MUSIC VIDEO COMING OUT SOON AND CLINTON IS GOING TO TELL YOU ALL ABOUT THE DUCK DERBY.
>> GOOD EVENING, MAYOR, COUNCIL MEMBERS AND NEIGHBORS.
MY NAME IS CLINTON THE DUCK, AND I'M HERE WITH MEALS ON WHEELS OF DENTON COUNTY AND WE'RE HERE TO PUT ALL OUR DUCKS IN A ROW AND INVITE YOU TO THE CROSS TIMBERS ROTARY DUCK DERBY AT THE FLOWER MOUND RIVER WALK.
AT THIS EVENT, YOU CAN ADOPT A RUBBER DUCK TO RACE DOWN THE WATER.
EACH DUCK ADOPTED HELPS MEALS ON WHEELS DELIVER HOT MEALS AND WARM SMILES TO OUR SENIORS.
IT ALSO HELPS SENIOR PAS GET THE FOOD AND CARE THEY NEED SO THEY CAN KEEP QUACKING ALONG AT THEIR HAY HOMES.
IT'S A SPECTACULAR WAY TO SUPPORT YOUR COMMUNITY.
WE'RE NOT JUST WINGING IT EITHER.
AT THIS EVENT, IT'S A PROVEN WAY TO FEATHER THE NEST OF OUR PROGRAMS THAT KEEPS OUR SENIORS HEALTHY, SAFE, AND LOVED.
COME FLOCK TOGETHER WITH US, WEDDLE DOWN TO THE RIVER ROCK, ADOPT A DUCK, CHEER THEM ON AS THEY PADDLE TOWARDS VICTORY.
EACH DUCK MAKES A SPLASH AND EVERY SPLASH MAKES A DIFFERENCE.
LET'S SHOW THAT FLOWER MOUNT ISN'T JUST A GREAT PLACE TO LIVE, IT'S A PLACE TO GIVE.
TOGETHER, WE CAN PROVE THAT WHEN IT COMES TO CARING FOR OUR SENIORS, WE DON'T DUCK OUT, WE STEP UP.
THANK YOU VERY MUCH FOR YOUR TIME, CONSIDERATION, AND ALL HAVE A GREAT DIET.
>> THAT WAS FUN. WE HAVE DEBRA AND RICHARD HEINS.
>> HI, I'M DEBORAH HEINS, AND WE LIVE AT 233 LAKE SHORE DRIVE HERE IN FLOWER MOUNT.
LONG STORY SHORT IS I'VE CALLED THREE TIMES TO THE TOWN OR MAYBE EVEN FOUR, AND ONE TIME I GOT A CALL BACK SAYING THAT THE FOUNTAIN WAS GOING TO BE FIXED AND EVERYTHING WOULD BE DONE ACCORDING TO THE CONTRACTORS SCHEDULE.
HOWEVER, SINCE THAT TIME, THE GRASS HAS GONE WILD LIKE BY THE CANAL, THERE'S LIKE AN OPENING, LIKE I WANT TO SAY UNDER THE STREET, THERE'S A BIG OPENING.
THAT LITERALLY IS OUTSIDE OUR HOUSE.
IT'S FILLED WITH GRASS, MOSQUITOES, AND RATS.
MY HUSBAND TAKES THE DOG FOR A WALK AT NIGHT AND WITH MY GRANDDAUGHTER, AND THERE ARE RATS RUNNING ALL AROUND WHERE THE BENCHES ARE AND BY THE BASKETBALL COURTS.
WE'VE HAD IN LAST WEEK FOUR RATS THAT MY HUSBAND CAUGHT, AND LITERALLY WE LIVE ON THE WATER.
JUST SAYING, WE CALLED ALREADY AND I DON'T KNOW WHAT YOU ALL ARE PLANNING ON DOING WITH THAT, BUT IT'S NOT GOOD BECAUSE IT'S A BEAUTIFUL PARK AND THAT'S TAKEN.
THIS YEAR HAS BEEN REALLY A BAD EXAMPLE OF BEING CARED FOR, I GUESS, THAT'S THE BEST WAY TO SAY.
IS THAT SOMETHING HAVE YOU HEARD OTHER PEOPLE? BECAUSE I KNOW OUR NEIGHBORS HAVE CALLED TO OTHER HOMES AND THEN THE HOME AT THE END TO A BLOCK?
>> NO, WHAT WE'LL DO IS WE'LL LOOK INTO THESE ISSUES AND WE'LL FOLLOW UP WITH YOU.
I'M TAKING NOTES, AND WE ALSO HAVE OUR PARKS AND RECREATION DIRECTOR HERE TAKING NOTES.
WE'LL LOOK INTO IT, AND WE'LL FOLLOW UP WITH YOU.
IT'S NOT ONLY THE WAY IT LOOKS.
>> ABSOLUTELY, I HAVEN'T RECEIVED ANYTHING MORE FROM OTHER PEOPLE, BUT WE CAN.
>> WE LOVE THE PARK, BUT I DON'T THINK YOU WANT IT LIKE THAT.
>> WE'LL GET A RESPONSE. YOU WILL.
>> GOOD EVENING, CARLYN AUBURN, 7,500 ARABIAN CIRCLE.
THANK YOU FOR THE OPPORTUNITY TO SPEAK AGAIN.
[00:15:02]
I PREVIOUSLY CAME BEFORE YOU ON JULY 7TH, AFTER MY MINIATURE HORSES WERE SAVAGELY ATTACKED BY TWO PIT BULLS IN THE NEIGHBORHOOD.AT THAT TIME, I WAS A LITTLE TOO CLOSE, AND I'M STILL A BIT EMOTIONAL ABOUT THE SITUATION.
A COUPLE OF THINGS THAT I'VE LEARNED DURING THIS WHOLE PROCESS GOING THROUGH THE DANGEROUS DOG ORDINANCE, AND THANK YOU FOR ADDRESSING THAT THIS EVENING.
COUPLE OF THINGS THAT I WOULD LIKE TO SEE THAT OTHER TOWNS HAVE THE ABILITY TO DO THAT WE ARE NOT DOING.
OTHER TOWNS HAD THE DOGS INJURED AN ANIMAL OR EVEN A PERSON.
THIS SEVERELY, THEY WOULD HAVE BEEN ABLE TO BE HUMANELY EUTHANIZED.
IN OUR TOWN, THE OWNERS HAD THE OPPORTUNITY TO GET THESE DOGS BACK.
I HAVE MY OWN REASONS WHY I BELIEVE THEY DID NOT GET THEM BACK.
THE INJURIES WERE SO SEVERE THAT THE VETERINARIANS IN AUBURN SAID, WE'VE NEVER SEEN ANIMALS SURVIVE INJURIES THIS SEVERE.
IT WASN'T THEY JUST NIPPED THEM, THEY CAME OVER AND JUST PLAYED WITH THEM.
THEY WENT INTO MY BARN, THEY WENT INTO MY HORSES STALLS.
PLEASE, DESTRUCTION OF THE DOGS IS SOMETHING I REALLY THINK WE NEED TO CONSIDER IF THE EVIDENCE WARNS IT OR WARRANTS IT.
I'M NOT FOR EVERY DOG LOOSE ON THE STREET, BE PICKED UP.
I'VE BEEN PART OF TAKING DOGS BACK TO PEOPLE.
PLEASE LOOK AT THE DEFINITION OF OWNER TONIGHT.
ANIMAL CONTROL THE JUDGE AND THE PROSECUTOR FAILED ME IN THAT SITUATION.
LOOK AT YOUR CURRENT ORDINANCE OF DEFINITION OF OWNER.
THEY LET THE SON TAKE THE FALL FOR THIS.
WHO LIVES OUT OF STATE, SUPPOSEDLY. BUT GUESS WHAT? HIS PREVIOUS DOG WAS OUT THERE BARKING TODAY.
PLEASE LOOK AT DEFINITION OF OWNER.
PLEASE LOOK AT REPEAT OFFENDERS.
JUST PLEASE LOOK AT REPEAT OFFENDERS.
>> ANYWAY, PLEASE LOOK AT IMPOUND FEES.
OUR IMPOUND FEES ARE RIDICULOUSLY LOW.
PLEASE LOOK AT YOUR ANIMAL CONTROL RESPONSE BECAUSE MANY PEOPLE HAVE CALLED FROM OUR NEIGHBORHOOD UP AND DOWN HIGH ROAD, AND ANIMAL CONTROL HAS SAID, WE KNOW THE OWNERS THERE'S NOTHING WE CAN DO.
ALSO, PLEASE LOOK AT ANIMAL CONTROL FOLLOW UP BECAUSE I BELIEVE THE DOGS INVOLVED IN MAY 2021 INCIDENT HAD PUPPIES WHERE THEY WERE CONSIDERED DANGEROUS DOGS AND WERE SUPPOSED TO BE STERILIZED.
ALSO, PLEASE LOOK AT YOUR POLICE RESPONSE.
THEY SUGGESTED I TAKE THE DOGS BACK AFTER THEY SAW ME COVERED IN BLOOD.
>> DO WE HAVE ANY MORE PUBLIC COMMENT CARDS? DOES ANYONE IN THE AUDIENCE WISH TO SPEAK TONIGHT? WE'RE GOING TO CLOSE PUBLIC COMMENT AND MOVE ON TO ANNOUNCEMENTS.
[F. ANNOUNCEMENTS]
COUNCIL, YOU HAVE ANY ANNOUNCEMENTS? GO FOR IT.>> IF YOU FOLLOW ALONG, YOU MIGHT HAVE SEEN THAT COUNCIL RECENTLY EXPANDED THE ROLES AND RESPONSIBILITIES OF THOSE ON THE ANIMAL SERVICES BOARD.
ONE OF THE THINGS THAT THEY'RE GOING TO BE DOING IS HAVING SOME SPEAKERS ATTEND THEIR MEETINGS.
I WAS HOPING TO INVITE EVERYONE.
HOPEFULLY, WE'LL SEE MANY PARTICIPANTS COMING TO THE MEETING.
THE NEXT ONE IS WEDNESDAY, AUGUST 27TH.
FOR THE FIRST TIME, THEY'LL HAVE A GUEST SPEAKER AND IT'S OUR VERY OWN LORIAN CASH FROM DEV SERVICES, AND SHE'LL BE BRINGING HER BRAND NEW BEAUTIFUL BABY PUPPY STRUDLE [LAUGHTER].
LORIAN PARTICIPATES IN THE CANINE COMPANIONS PROGRAM, AND SHE IS A TRAINER FOR SERVICE DOGS.
SHE'S GOING TO TALK TO US AT ANIMAL SERVICES BOARD ABOUT THAT. HOPE TO SEE YOU ALL THERE.
>> CHRIS, DO YOU HAVE ANYTHING YOU KNOW? RYAN, ANYTHING? WE'LL GO AHEAD AND MOVE ON TO THE TOWN MANAGER'S REPORT TO JAMES.
[G. TOWN MANAGER'S REPORT]
>> THANK YOU, MAYOR. WE HAVE TWO ITEMS IN OUR TOWN MANAGER'S REPORT.
FIRST, MARY, IF YOU CAN JOIN ME ON THE FLOOR, WE HAVE A COUPLE OF EMPLOYEE RECOGNITIONS THAT WE WANT TO DO.
[00:20:05]
ONE OF THE THINGS WE TRY TO DO EVERY MONTH IS A RECOGNITION FOR EMPLOYEES THAT HIT SERVICE MILESTONES GREATER THAN 15 YEARS.JUST AS AN OPPORTUNITY TO SHOW THE MEN AND WOMEN IN THIS ORGANIZATION THAT HAS SERVED FOR A LONG TIME AND PROVIDED GREAT SERVICES.
WE HAVE TWO PEOPLE IN PERSON THAT ARE JOINING US THIS EVENING, AND I'M GOING TO ASK MICHELLE HOCH TO SEE YOU.
THAT'S INSIDE JOKE LAURA GOT ME THINKING ABOUT THAT TO COME UP AND JOIN US REAL QUICK.
MICHELLE IS A POLICE OFFICER THAT WORKS IN OUR CRIMINAL INVESTIGATION DIVISION.
SHE WAS HIRED ON AS A POLICE OFFICER ON AUGUST 29TH OF 2005.
ONE OF THE THINGS WE DO FOR EMPLOYEES, WE RECOGNIZE, WE ASK ABOUT A FUN FACT ABOUT THEM AND SOMETIMES THEY'RE FUN, INTERESTING.
HERS IS A REALLY COOL ONE BECAUSE I'LL READ THE FACT AND I'LL GIVE SOME MORE CONTEXT TO IT.
WHEN NOT WORKING, MICHELLE ASSISTS OTHER FIRST RESPONDERS WITH WELLNESS AND RESILIENCY, WHICH IS A GREAT THING.
BUT SHE'S ALSO ASSET FORCE HERE IN FLOWER MOUND PD AND THE JOB THAT SHE DOES.
SHE'S NOT ONLY JUST HELPING FLOWER MOUND BY SERVING AND HELPING OUR OFFICERS HERE, BUT SHE EXTENDS HER SERVICES TO OFFICERS IN MULTIPLE AGENCIES AND JURISDICTIONS AROUND THE COUNTRY AND DOES A GREAT WORK BECAUSE POLICE WORK IS A VERY DIFFICULT JOB AND WE NEED TO MAKE SURE THAT OUR OFFICERS ARE TAKEN CARE OF AND MICHELLE GOES A LONG WAY TO DOING THAT.
IT'S A FUN FACT, BUT IT'S ALSO VERY COOL AND INTERESTING FACT.
IF YOU COULD, PLEASE JOIN ME AS WE CELEBRATE 20 YEARS FOR MICHELLE WITH FLOWER MOUND PD [APPLAUSE].
WE'RE GOING TO HAVE LAURA SHEIN COME JOIN US UP FRONT.
LAURA SHEIN IS A POLICE OFFICER IN OUR TRAFFIC DIVISION, AND SHE WAS HARD ON AS A POLICE OFFICER RECRUIT ON AUGUST 15TH OF 2005.
HER FUN FACT ISN'T QUITE SO FUN.
LAURA IS A LONG TIME HOUSTON ASTRO FAN, SO WE WON'T HOLD THAT AGAINST ZAL RANGERS FANS IN HERE.
THE RANGERS ARE NOT GOING TO CATCH THE ASTROS THIS YEAR.
THEY'RE GOING TO WIN THE DIVISION.
BUT WE JUST APPRECIATE LAURA'S SERVICE FOR 20 YEARS WITH TOWN OF FLOWER MOUND.
SO PLEASE JOIN ME AROUND APPLAUSE TO CELEBRATE LAURA ATTAIN THAT 20 YEARS [APPLAUSE] SINCE I'M DOWN HERE, I'LL GO AHEAD AND QUEUE UP MATT HOTEL TO COME UP FRONT, AND MATT'S GOING TO PROVIDE A PRESENTATION.
GENERAL, WE HAVE A LOT OF TEXTO OR TEXAS DEPARTMENT OF TRANSPORTATION PROJECTS GOING ON IN TOWN OF FLOWER MOUND.
WE'VE ASKED MATT TO GIVE AN OVERVIEW OF THOSE PROJECTS AND JUST WHERE THEY'RE AT IN THEIR VARIOUS STAGES AROUND TOWN. MATT.
>> THANK YOU. COUNCIL, FOR THOSE THAT WERE ON THE TRANSPORTATION COMMISSION, THIS SHOULD FEEL NORMAL, GIVEN UP DATES ON PROJECTS.
THESE ARE ALL TEXTO PROJECTS OR ON TEXTO ROADWAYS.
THE FIRST ONE I HAVE IS 2499 AT FM 407.
YOU'VE BEEN UP THERE. YOU KNOW THEY'VE BEEN WORKING.
THEY'RE ADDING DUAL LEFTS ALL THE WAY AROUND THAT INTERSECTION, SO WE'LL BE ABLE TO GET THROUGH THAT INTERSECTION A LOT BETTER, ESPECIALLY THAT WESTBOUND LEFT.
THAT PROJECT STARTED ON JUNE 16TH AND HAS 144 WORKING DAYS.
IT'S AT LEAST A SIX MONTH PROJECT.
THEY HAVE DRILLED THE SIGNAL POLE FOUNDATION, SO THAT'S ONE OF THE THINGS THEY NEED TO GET DONE SO THEY CAN GET THE NEW LONGER POLES IN SO THAT THEY CAN START SHIFTING TRAFFIC AROUND.
BUT OTHER THAN THAT, WHAT I'VE SEEN IS THEY'VE BEEN SAW CUT, I BELIEVE, THE EASTBOUND RIGHT TURN LANE TO MAKE THAT EASTBOUND RIGHT A LITTLE BIT LONGER. PEOPLE CAN GET IN THERE.
THAT'S WHERE THEY'RE AT RIGHT NOW.
THE NEXT ONE I HAVE IS FM 2499 PANEL REPLACEMENTS.
I DON'T KNOW IF HOW MANY PEOPLE KNOWN THAT TEXT WAS BEEN EVEN IN TOWN, BUT COUNCIL MEMBER WARNER HAS BECAUSE THEY'VE BEEN CLOSE TO HER HOUSE.
BUT THEY'VE BEEN DOING IT OVERNIGHT.
THEY CLOSE A ROW DOWN BY EIGHT, NINE O'CLOCK, CUT IT OUT, PUT THE REBAR BACK IN, PUT HIGH REALLY HIGH EARLY STRENGTH CONCRETE AND THEY REOPEN IT BY THE MORNING.
THEY'RE DOING IT REALLY FAST. THEY'RE ON SCHEDULE.
ONE THING THAT YOU WILL SEE THEM DO THEY'LL COME BACK DURING THE DAY AND DO THE STRIPING OF THOSE PANELS THAT THEY TOOK OUT.
THAT LEADS ME INTO THE DENTON TEXT STRIPING CONTRACT.
THERE'S A PRE CONSTRUCTION MEETING ACTUALLY THIS FRIDAY WITH MANY OTHER COMMUNITIES AROUND THE DENTON COUNTY AREA.
[00:25:04]
WE DON'T KNOW EXACTLY WHAT THEIR SCOPE OF WORK IS, BUT WE'LL FIND OUT A LOT MORE OF IT ON FRIDAY.THE NEXT ONE IS THE US 377 ARGYLE SECTION. IS WHAT IT'S CALLED.
IT'S FROM SOUTH OF 1171 TO NORTH TO CRAWFORD ROAD.
MY OPERATIONS' MANAGER AND MYSELF, WE HAD A MEETING A COUPLE OF WEEKS AGO, SO WE WERE TALKING ABOUT TRAFFIC SIGNAL STUFF.
I KNOW THE PROJECTS MOVING ALONG.
WE DID ASK THEM FOR THEY TOLD US 2028.
BUT OBVIOUSLY, THOSE ARE SUBJECT TO CHANGE DEPENDING ON IT'S A TEXT TOP PROJECT, SO WE'RE NOT REALLY IN CONTROL OF THAT.
THE NEXT ONE IS THE 377 TO CALL IT THE CREEK SECTION, THE SOUTH OF 1171.
THERE'S NOT A WHOLE LOT OF INFORMATION TO HAVE ON THAT ONE.
RIGHT NOW, THE LATEST INFORMATION I HAVE IS THAT THE READY TO LET DATE IS MARCH OF 2030. IT'S STILL A LITTLE WAYS OUT.
THAT'LL BE QUITE THE PROJECT, WHICH WOULD BE A BUNCH OF BRIDGE WORK.
NEXT ONE I HAVE IS I35 FRINGE ROAD SOUTH, WHICH IS ONE THAT COVERS THE PIECE OF FLOWER MOUND.
LATEST INFORMATION THAT I HAVE IS READY TO LET DATE WAS DECEMBER OF 2027 WITH 100% PLANS LATER THIS YEAR.
AGAIN, I THINK IF EVERYTHING FALLS IN PLACE, IT DEPENDS ON HOW THEIR PROJECTS FALL OUT, BUT RIGHT NOW IT'S READY TO LET IN DECEMBER 27TH.
NOW THESE LAST FOUR THAT I HAVE, THEY'RE NOT REALLY TEXTO PROJECTS, BUT THEY'RE EITHER OR THEY COULD BE A TEXTO PROJECT, JUST NOT IN TOWN, BUT THEY AFFECT FLOWER MOUND RESIDENTS.
THE FIRST ONE I HAVE IS IN TOWN, NOT A TEXTO PROJECT IS THE FIRST RANCH TRAFFIC SIGNALS.
WE'VE RECEIVED OUR SECOND SUBMITTAL AND WE'RE READY TO SEND THOSE OFF TO TEXTO TO GET THEIR FIRST REVIEW.
TYPICALLY, IT TAKES ONE OR TWO OR THREE TIMES OR TEXTO REVIEW TO FINALLY GET IT APPROVED, BUT WE'RE GETTING CLOSE.
NEXT ONE I HAVE IS FM 1171 WEST, WHICH IS 1171 WEST OF 35 W, IT'S GOING TO CONNECT INTO 156.
THAT'LL AFFECT PEOPLE ON THE WEST SIDE OF TOWN, BEING ABLE TO GET MORE WAYS TO GET OUT OVER THERE.
TRAFFIC SIGNALS ARE INCLUDED WITH THAT PROJECT.
BUT AGAIN, IT'S QUITE A WAYS OUT THERE.
RIGHT NOW, THE LATE DATE THAT WE HAVE IS SEPTEMBER OF 2030.
THE NEXT ONE I HAVE IS LEWISVILLE, THAT'S THE I35,1171.
I DON'T HAVE A WHOLE LOT ON IT.
I KNOW THEY'VE BEEN POURING BRIDGE DECK, BUT IT'S SCHEDULED, I JUST WANTED PEOPLE TO KNOW THAT IT'S STILL SCHEDULED NOT TO FINISH UNTIL DECEMBER OF 26TH.
WE STILL HAVE A LITTLE WAYS FOR THAT ONE TO FINISH.
THE LAST ONE I HAVE ON MY LIST IS FM 2499 & FM 3040.
THAT'S ACTUALLY A TOWN PROJECT, LOOKING TO LET IT LATER THIS FALL.
IT'LL GIVE US A SOUTHBOUND EASTBOUND LEFT DUAL LEFT IN THOSE DIRECTIONS.
IT'LL ACTUALLY ADD A THIRD THROUGH LANE IN BOTH DIRECTIONS.
THAT'LL BE GOOD TO GET MORE PEOPLE THROUGH THAT PART OF TOWN.
>> MATT, WITH SCHOOL BEING BACK IN, I'VE NOTICED SOME HANG UPS ON 2499, ESPECIALLY AT THE RIVER WALK INTERSECTION, WHICH IS GRAPEVINE.
THE RACETRACK. IT SEEMS LIKE THE OTHER DAY IT WAS BACKED UP ALL THE WAY TO SILVER ON AND UP ON THE FLYOVER.
BUT IT SEEMS LIKE ONCE YOU GET PAST THAT INTERSECTION, YOU'RE HOME FREE.
IS THERE ANYTHING WE CAN DO TO WORK WITH GRAPEVINE TO TRY TO IMPROVE THE PERFORMANCE OF THAT?
>> ACTUALLY HAD CALL FROM ANOTHER RESIDENT EARLIER TODAY.
BUT MY PLAN IS TO GET WITH GRAPEVINE, ONE TO SEE IF THEY HAVE ANY COUNTS DOWN THERE.
THEN ONCE WE GET THOSE COUNTS, WE'LL RUN INTO THE SYSTEM AND SEE IF WE CAN TWEAK THE TIMING DOWN THERE TO SEE IF WE CAN GET MORE PEOPLE THROUGH.
>> WE HAVE PRETTY GOOD COOPERATION WITH GRAPEVINE?
>> AS LONG AS ARE AWARE OF IT, THEN I'M SURE IT'LL GET RESOLVED QUICKLY.
>> WE HAVE A GOOD ENOUGH RELATIONSHIP WITH THE CITY OF GRAPEVINE, THAT THEY ALLOWED US TO PUT A PTZ CAMERA IN THAT SIGNAL SO WE CAN CONTROL IT FROM HERE.
>> I WOULD SAY WE HAVE A PRETTY GOOD RELATIONSHIP [LAUGHTER].
>> ANY ADDITIONAL QUESTIONS. GUYS, REMOTELY. BRIAN AND CHRIS.
>> IS THERE ANY CONTACT INFORMATION FOR RESIDENTS TO REACH OUT AND REQUEST UPDATES ON ROADS?
>> YOU CAN ALWAYS CONTACT EITHER OUR PUBLIC WORKS OR OUR TRANSPORTATION E MAIL.
THOSE ARE PROBABLY THE EASIEST WAY TO DO IT.
THEY'RE BOTH PUBLIC WORKS @FLOWERMOUND.GOVTRANSPORTATION AT FLOWERMOUND.GOV.
THEN THE TRANSPORTATION ONE COMES TO ME AND MY ADMIN, AND WE CAN GET ANSWERS BACK.
>> THANK YOU, MATT. JAMES, YOU'RE ALL DONE WITH THE MANAGER'S REPORT?
>> WE'RE GOING TO GO AHEAD AND MOVE ON TO FUTURE AGENDA ITEMS. DOES ANYBODY YOUNG COUNSEL HAVE ANY FUTURE AGENDA ITEMS YOU'D LIKE TO ADD? MOVING RIGHT ALONG TO COORDINATION OF CALENDARS.
[I. COORDINATION OF CALENDARS]
[00:30:03]
WE HAVE AN AUGUST 21ST WORK SESSION ON THE BUDGET.THE SEPTEMBER 1ST REGULAR MEETING IS CANCELED FOR LABOR DAY, AND THEN SEPTEMBER 15TH, WE HAVE A REGULAR MEETING.
WILL EVERYBODY BE ABLE TO ATTEND THOSE? GREAT. WE'LL MOVE ON TO CONSENT ITEMS.
[J. CONSENT ITEM(S)]
DOES ANYONE WISH TO REMOVE ANY ITEMS FROM THE CONSENT LIST OR DO YOU WANT TO MAKE A MOTION TO APPROVE THOSE CONSENT ITEMS?>> MAYOR, I'LL MOVE APPROVAL OF THE CONSENT AGENDA ITEMS ONE THROUGH 17 AS PRESENTED.
>> TRACY, IF YOU WANT TO TAKE A ROLE.
>> DEPUTY MAYOR PRO TEM SHISTO?
>> THANK YOU. COUNCIL MEMBER WARNER.
>> ITEMS J1-17 PASSED BY UNANIMOUS VOTE.
WE WILL GO ON TO OUR REGULAR ITEMS.
[K.1. Crime District FY 25-26 Budget Public Hearing - Public Hearing by the Town Council acting as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District to consider the Flower Mound Crime Control and Prevention District proposed budget for the fiscal year beginning on October 1, 2025, and ending on September 30, 2026.]
THE FIRST ITEM IS THE CRIME DISTRICT FISCAL YEAR '25 '26 BUDGET PUBLIC HEARING.IF YOU WISH TO MAKE ANY COMMENTS DURING THIS PUBLIC HEARING, YOU CAN FILL OUT A COMMENT CARD. WE'LL DO THAT LATER.
>> YES. GOOD EVENING, MAYOR AND COUNCIL.
I'M SURE SOME OF YOU ARE LOOKING AT THIS GOING ORDER IS A LITTLE WEIRD BECAUSE WE HAVEN'T HAD OUR BUDGET WORK SESSION.
BUT THIS IS JUST A PROCEDURAL IN LINE WITH WHAT THE COUNTY COUNCIL HAS ADOPTED IN SPECIFIC REFERENCE TO THESE DISTRICTS.
THESE ARE OUR PUBLIC HEARINGS.
OF COURSE, ALL THE INFORMATION IS INCLUDED IN THE PROPOSED BUDGET DOCUMENT THAT IS AVAILABLE ONLINE AND HAS BEEN SINCE THE BEGINNING OF THE MONTH.
THIS IS JUST AN OPPORTUNITY FOR SPECIFICALLY ON THESE BUDGETS.
OF COURSE, WE WILL STILL HAVE OUR BUDGET WORK SESSION, YOU'LL HAVE THE ABILITY TO DISCUSS.
IF THERE IS EVENTUALLY ANY CHANGES YOU'D LIKE TO MAKE BEFORE ADOPTION IN SEPTEMBER.
BUT I DO HAVE JUST OVERVIEWS, AND IF YOU'RE FINE WITH IT, I'LL JUST HIT BOTH OF THEM, AND THEN OPEN IT UP AS YOU GUYS ARE READY FOR THE PUBLIC HEARING.
CRIME CONTROL PREVENTION DISTRICT, WE ARE LOOKING AT A PROPOSED REVENUE BUDGET JUST OVER FIVE MILLION FOR THAT FUND.
THIS IS PRIMARILY SALES TAX AND SOME INTEREST EARNINGS.
WE ARE LOOKING TO GO INTO FUND BALANCE, AND I ACTUALLY BELIEVE I CROSSED THE TABLES.
THESE ARE ACTUALLY THE NUMBERS HERE FOR THE CRIME DISTRICT BUDGET.
WE ARE STILL PLANNING TO GO INTO FUND BALANCE, BUT THEY ARE FOR ONE TIME THINGS.
YOU CAN SEE HERE IN CRIME CONTROL, WE DO HAVE 36.5 FTE IN THAT FUND.
THE COMPENSATION CHANGES, SO THAT'S OUR MARKET AND MERIT PACKAGE, THAT'S JUST OVER 128,000 FOR THIS FUND.
WE HAVE ONE NON DISCRETIONARY, WHICH IS GAS MASK REPLACEMENTS, AND TWO DECISION PACKAGES THAT ARE PRIMARILY ONE TIME ITEMS, THE AES MULTI KEY RADIO ENCRYPTION FOR JUST OVER 180,000, AND THE WIRELINE CONNECTION BACK TO DENTON COUNTY WITH OUR DISPATCHERS, $392,580.
AGAIN, WE ARE GOING THIS IS YOUR FINANCIAL TABLE HERE FOR THE FIRE CONTROL.
WE ARE USING FUND BALANCE TO PAY DEBT SERVICE FOR SOME OF THE FIRE PROJECTS.
THAT'S THE SIGNIFICANT REASON YOU CAN SEE THAT WE'RE PROPOSING TO GO INTO FUND BALANCE ON THE FIRE DISTRICT.
THERE ARE 26 FTES IN THE FIRE CONTROL FUND.
COMPENSATION PACKAGE HERE IS JUST OVER 213.
WE HAVE ONE NON DISCRETIONARY IN THERE FOR EQUIPMENT REPLACEMENTS AND THERE ARE NO DECISION PACKAGES PROPOSED THIS YEAR OUT OF THE FIRE DISTRICT.
HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS YOU MAY HAVE.
OF COURSE, WE WILL TALK ABOUT ALL OF THIS MORE IN DEPTH ON THURSDAY EVENING.
>> THANK YOU MAYOR. THIS IS A PUBLIC HEARING.
I'M GOING TO OPEN THIS PUBLIC HEARING FOR ANY PUBLIC COMMENT.
WE DIDN'T HAVE ANY COMMENT CARDS.
DOES ANYBODY IN THE AUDIENCE WISH TO MAKE A PUBLIC COMMENT DURING THIS PUBLIC HEARING? IF NOT, I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING.
DOES ANYBODY ON COUNCIL WISH TO DISCUSS?
>> FOR ME WE'RE GOING TO DISCUSS THIS IN EXCRUCIATING DETAIL ON THURSDAY.
WE'RE JUST DISCUSSING ANY QUESTIONS YOU MIGHT HAVE NOW,
[00:35:02]
BUT REALLY WE'LL GO IN DEPTH ON THURSDAY.>> I'LL HOLD ON MY QUESTIONS TILL THURSDAY. THANK YOU.
>> WE'RE GOING TO GO AHEAD AND MOVE ON TO THE FIRE DISTRICT FISCAL YEAR '25 '26 BUDGET PUBLIC HEARING.
[K.2. Fire District FY25-26 Budget Public Hearing - Public Hearing by the Town Council acting as the Board of Directors for the Town of Flower Mound Fire Control, Prevention, and Emergency Medical Services District to consider the Flower Mound Fire Control, Prevention, and Emergency Medical Services District proposed budget for the fiscal year beginning on October 1, 2025, and ending on September 30, 2026.]
>> DO YOU WANT TO ADD ANYTHING MORE? WE WILL COMBINE THIS, BUT NOTHING MORE.
WE'RE GOING TO GO AHEAD AND MOVE ON TO THE MIWD HOLDING COMPANY, LLC.
[K.3. MIWD Holding Company, LLC (MI Windows and Doors) Chapter 380 - Public Hearing to consider approval of a Chapter 380 Agreement with MIWD Holding Company, LLC (MI Windows and Doors) for the economic development of Flower Mound, and authorization for the Mayor to execute same on behalf of Town.]
RAY WATSON, YOU'RE GOING TO GO AHEAD AND THANK YOU, RAY.>> THANK YOU. MAYOR, COUNSEL, THANK YOU FOR THE OPPORTUNITY TO BE IN FRONT OF YOU TODAY.
WANTED TO PRESENT THE 380 PROJECT TO YOU TONIGHT.
WE WERE TASKED WITH STARTING A BUSINESS RETENTION AND EXPANSION PROGRAM THIS PAST YEAR.
WE ASKED FOR AN EXTRA FTE TO BE ABLE TO DO THAT.
RECEIVE THAT FTE STARTED THIS PROGRAM A LITTLE OVER NINE MONTHS AGO.
IN THAT PROCESS, WE MET WITH MI WINDOWS AND DOORS.
WE WERE MEETING WITH THEM BECAUSE THEY'RE THE SECOND LARGEST EMPLOYER IN THE TOWN OF THE PRIVATE EMPLOYERS.
AS WE WERE MEETING WITH THEM, WE REALIZED THAT THEY WERE LOOKING AT THE POSSIBILITY OF MOVING THEIR ENTIRE OPERATION, WHICH IS 600 EMPLOYEES, TO FLORIDA AND CONSOLIDATING THOSE EMPLOYEES AND THEIR OPERATION IN FLORIDA.
THEY ALREADY HAVE TWO OTHER FACILITIES.
AS WE WALKED DOWN THE ROAD, WHAT WE REALIZED WAS THAT THEIR PROBLEM WAS THAT THEIR LEASES WERE COMING UP, AND THEY WERE HAVING A LOT OF EXTRA ADDITIONS TO THOSE LEASE.
THIS IS A WAY TO HELP THEM OFFSET SOME OF THOSE LEASE NUMBERS.
I WANT TO PRESENT THIS TO YOU RIGHT QUICK.
MI WINDOWS AND DOORS WERE FOUND PUT HERE IN FLOWER MOUND IN 2015.
THEY HAVE 600 FULL-TIME EMPLOYEES AND 400,000 SQUARE FEET, AND THEY'RE OFF THE LAKESIDE.
THIS IS WHERE THEIR LOCATION IS, YOU CAN SEE IT IT'S BETWEEN LAKESIDE AND SPINK ROAD, JUST EAST OF LONG PRAIRIE ROAD.
WHAT WE'RE LOOKING AT, THEY ARE CURRENTLY UNDER AN INCENTIVE PROGRAM THAT WAS AT 75% FOR 10 YEARS ON THE PROPERTY TAX, AND WHAT THE NEW REQUEST WOULD BE FOR EIGHT YEARS AT 50%, WHICH WOULD DECREASE THE AMOUNT THAT WE'RE GIVING UP BY 25%.
THEY ARE ALSO WORKING WITH THE STATE ON A TEF FUND OF UP TO $3,000,000 AND A SKILLS DEVELOPMENT FUND OF $168,000.
WHAT THEY'RE DOING WITH THE $ 168,000 IS THAT THEY'RE LOOKING AT EMPLOYING ANOTHER 120 EMPLOYEES, AND ALSO INVESTING AN ADDITIONAL NINE MILLION IN EQUIPMENT FOR THE FACILITY.
AS YOU CAN SEE HERE, THAT SHOWS 120 EMPLOYEES, AVERAGE SALARY IS 66560, AND THEN THEY'VE ALREADY INVESTED WITHIN THAT FACILITY, 18 MILLION, WITH ANOTHER NINE MILLION TO BE INVESTED IF THEY DETERMINE TO STAY HERE.
FAILURE TO MEET THESE FUNDING NEEDS, AS WE STATED EARLIER, WOULD RESULT IN THEM MOVING THIS OPERATION TO FLORIDA.
THEY ARE LOOKING TO MAKE A FINAL DECISION AT THE END OF THIS MONTH IS THEIR GOAL.
COST-BENEFIT ANALYSIS, WHEN YOU RUN THE NUMBERS, WE'RE AT BREAK-EVEN FROM THE BEGINNING BECAUSE WE ARE ONLY DOING A 50% PROPERTY EVALUATION.
WE'RE ACTUALLY, AHEAD OF WHERE WE WERE THIS PAST YEAR BECAUSE WE'RE GETTING 25% OF WHAT WAS BEING TAKEN BACK.
IT ACTUALLY PUT MORE MONEY ON THE TAX ROLLS FROM THE FACILITY.
THAT IS MY PRESENT, JR MINNICK IS HERE WITH THE COMPANY AND GOT A PRESENTATION AS WELL.
DO YOU WANT TO DO THIS FIRST? WE'LL DO HIS FIRST AND THEN WE CAN DO QUESTIONS AND ANSWERS FROM THERE.
>> GOOD EVENING. MY NAME IS JONATHAN MINNICK.
I AM A RESIDENT OF TEXAS AT 24360 STATE HIGHWAY 78 SOUTH IN BLUE RIDGE, TEXAS, 7542.
I'M HERE TODAY TO DISCUSS THE AGENDA AND PROVIDE YOU WITH A COMPANY OVERVIEW AND WHO MITER BRANDS, MI WINDOWS INDOORS IS.
I'M GOING TO GO THROUGH THE REVIEW OF THE PROJECT PARAMETERS AND SOME OF THE KEY DRIVERS, AND THEN SOME OF THE SUPPORT OPPORTUNITIES FROM TEAM FLOWER MOUND.
GOT A BRIEF VIDEO FOR YOU TO WATCH, SO I HOPE YOU ENJOY.
[00:40:06]
>> INTRODUCING THE SECOND-GENERATION BLINK VIDEO DOORBELL DESIGN.
>> IN 1947, MITER BRANDS TOOK FLIGHT FROM WITHIN THE WALLS OF A HUMBLE AIRPLANE HANGAR AND CLEARWATER FLORIDA.
WHAT BEGAN AS A SMALL MANUFACTURER OF WINDOW BRANDS HAS GROWN INTO A PORTFOLIO OF LEADING WINDOW AND DOOR BRANDS PRODUCED IN NEARLY 20 MANUFACTURING FACILITIES ACROSS THE UNITED STATES.
THE POWER OF MITER BRANDS GOES BEYOND THE PRODUCTS WE MAKE.
IT COMES FROM INVESTING IN THE RIGHT PEOPLE.
PEOPLE WHO DREAM BIG, SET GOALS, AND GET TO WORK.
FROM OUR TALENTED TEAM MEMBERS TO OUR TRUSTED SUPPLIERS, CUSTOMERS, AND COMMUNITIES EVERY RELATIONSHIP IS BUILT ON OUR PASSION FOR QUALITY AND OUR RELENTLESS PURSUIT OF 100%, EVERY DAY, EVERYWHERE.
FROM TWO INNOVATORS AND AN AIRPLANE HANGAR TO A NATIONWIDE MANUFACTURER OF MARKET-PREFERRED WINDOW AND DOOR BRAND, WE ARE MORE THAN A MANUFACTURER.
WE ARE AND ALWAYS HAVE BEEN BUILDERS OF A VISION, A VISION TO BUILD THE MOST VALUED WINDOW AND DOOR BRAND IN AMERICA.
>> I THINK WE'RE BACK. I DID THAT WITHOUT BREAKING.
MITER BRANDS IS A COMBINATION OF FAST-GROWING REGIONAL BRANDS.
WE WERE FOUNDED IN 1947 AS MI WINDOWS AND DOORS.
WE RECENTLY IN 2019, WE ACQUIRED MILGARD WINDOWS AND BRANDS.
PGT INNOVATION WAS AN ACQUISITION THAT WAS DONE LAST YEAR, AND WE CURRENTLY HAVE MORE THAN 18 MANUFACTURING SITES ACROSS THE UNITED STATES.
MITER BRANDS SPECIALIZES IN HIGH-QUALITY BUILDING PRODUCTS, SORRY, AND IS PARTICULARLY KNOWN FOR ITS INNOVATIVE WINDOW AND DOOR SOLUTIONS DESIGNED TO ENHANCE ENERGY EFFICIENCY.
OUR VISION, OUR DEFINITION OF SUCCESS, IS TO BUILD THE MOST VALUABLE WINDOW AND DOOR BRAND IN AMERICA.
OUR DAY-TO-DAY PHILOSOPHY IS TO DELIVER VALUE BY MANUFACTURING THE FINEST GOODS, SERVICES, AND CUSTOMER EXPERIENCES EVERY DAY, EVERYWHERE.
WE LIVE BY OUR FOUNDATIONAL VALUES, WHICH IS SAFETY, INTEGRITY, CONTINUOUS IMPROVEMENT, CREATIVITY, AND PROFITABLE PARTNERSHIPS.
WE FEEL THAT ADHERENCE TO THESE PRINCIPLES WE ENSURES SATISFACTION AND SUCCESS TO OUR TEAM MEMBERS, OUR CUSTOMERS, OUR SUPPLIERS, AND OUR COMMUNITY.
THIS IS A QUICK SNAPSHOT OF THE MITER DNA.
THERE ARE A COUPLE OF ONES HERE THAT STAND OUT.
WE QUESTION THE STATUS QUO AND HAVE A BIAS FOR ACTION.
WE BELIEVE THE WORST DECISION IS NOT MAKING A DECISION AT ALL.
WE CELEBRATE THE WINS AND WE LEARN FROM OUR LOSSES.
WE ARE NEVER TOO PROUD TO ASK FOR HELP.
WE ALWAYS WIN WHEN WE INVEST IN THE RIGHT PEOPLE.
ONE THING THAT MITER BRANDS IS VERY PASSIONATE ABOUT IS PHILANTHROPY.
WE GIVE BACK TO SUPPORT CANCER, CHILDREN WELL-BEING, LOCAL OUTREACHES, AND HEROES' SUPPORT.
SOME OF THOSE THAT I CAN MENTION ARE BREAST CANCER, F DIAMONDS, LOOKING AT COOK'S CHILDREN'S HOSPITAL, AND RONALD MCDONALD.
THIS YEAR, HAVE DONE 2108 VOLUNTEER HOURS, WHICH IS UP FROM 1300 VOLUNTEER HOURS LAST YEAR, WITH A TARGET OF 3,000.
IN NORTH TEXAS, WE PARTNERED WITH CHRISTIAN.
CHRISTIAN COMMUNITY ACTION CENTER CCA.
WE ALSO PARTNERED WITH THE RONALD MCDONALD HOUSE.
WE HAVE TEAM MEMBERS WHO GO DOWN THERE, AND WE SUPPORT BY COOKING BREAKFAST FOR THOSE FAMILIES.
THEN THE LAST THING IS THAT WE DO HAVE A CENTRALIZED ANNUAL GOLF OUTING.
THERE, WE RAISE SOME FUNDS TO SUPPORT MAKE-A-WISH IN NORTH TEXAS.
UNDER THE KEY DRIVERS AND COMPANY HIGHLIGHTS, MITER BRANDS IS A KEY PLAYER IN THE RESIDENTIAL DOOR AND WINDOW INDUSTRY, LEVERAGING CUTTING-EDGE TECHNOLOGY AND SUSTAINABLE PRACTICES TO DRIVE INDUSTRY STANDARDS AND DELIVER SUPERIOR PERFORMANCE AND DESIGN.
IN 2013, MITER BRANDS COMMITTED TO CREATING 500 JOBS IN THE CITY HERE IN FLOWER MOUND.
TO DATE, WE HAVE CREATED 600 FULL-TIME POSITIONS AND HAVE INVESTED OVER $18,000,000, SHOWCASING A STRONG COMMITMENT TO COMMUNITY.
[00:45:03]
PRODUCTION LINE EXPANSION. CURRENTLY, MITER BRANDS IS LOOKING TO EXPAND SOME PRODUCTION LINES SOMEWHERE IN SOUTH TEXAS OR IN NORTH TEXAS.IT WOULD BE TO SERVICE THE FLORIDA MARKET.
WE DO HAVE LOCATIONS IN THE FLORIDA MARKET.
WE ARE CURRENTLY SITTING IN FOUR DIFFERENT LOCATIONS.
THEY DO HAVE BANDWIDTH DOWN THERE.
I HELP BUILD AND BRING MI WINDOWS AND DOORS TO FLOWER MOUND, AND I'D LOVE NOTHING MORE THAN TO KEEP THAT DECISION TO SIGN A LEASE RIGHT HERE IN FLOWER MOUND.
THANK YOU. I WILL END WITH THAT AND QUENCH THE PARTED LIPS.
>> WHAT QUESTIONS MIGHT YOU HAVE?
>> NO QUESTIONS. DO YOU ALL HAVE ANY QUESTIONS?
>> I DON'T HAVE ANY QUESTIONS. I WANT TO THANK YOU FOR BEING IN FLOWER MOUND AND GIVING US A CHANCE TO HELP YOU BE ABLE TO STAY HERE.
THAT WAS OUR AWESOME FIRE CHIEF.
HE KNOWS HOW TO DELIVER WATER.
>> YES, I WAS GOING TO BRING MY DRINK.
I DIDN'T. I WASN'T PARCHED THAT.
>> WELL, JR, THANKS A LOT FOR YOUR 10 YEARS IN FLOWER MOUND, AND WE GAVE DIRECTION TO BRAY SEVERAL YEARS AGO THAT WE WANT TO FIGHT JUST AS HARD TO KEEP OUR EXISTING BUSINESSES AND HELP THEM BE SUCCESSFUL, AS WE SPEND CHASING NEW BUSINESSES.
NOW, OF COURSE, WE'RE GOING TO HOLD YOU ACCOUNTABLE FOR THOSE INVESTMENTS.
>> CAN YOU TELL US A LITTLE BIT ABOUT WHAT YOU'RE PLANNING FOR THE FACILITY?
>> WE ARE LOOKING AT BRINGING IN A BRAND NEW PATIO DOOR LINE.
WE'RE GOING TO MOVE IT FROM ONE OF OUR WEST COAST OPERATIONS AND CONVERT SOME BUSINESS THAT WE CURRENTLY HAVE OUT OF ONE OF OUR PHOENIX LOCATIONS AND INTRODUCE IT INTO THE SOUTHEAST TO THE NORTHEAST, AND THE EAST MARKETS.
WE ARE ALSO LOOKING AT BRINGING IN A WINDOW PLATFORM, CASEMENTS, AND AWNINGS, WHICH WE CURRENTLY DON'T MANUFACTURE HERE IN FLOWER MOUND.
ONE OF THE REASONS THAT WE'RE LOOKING AT BOTH THE DOOR AND THE WINDOW IS TO HELP COMPLEMENT THE R AND R SEGMENT HERE IN THE STATE OF TEXAS.
CURRENTLY, THOSE PRODUCTS ARE MANUFACTURED OUTSIDE THE STATE AND GET SHIPPED IN AND CROSS-STOCKED AT OUR FACILITY, BUT THE OPPORTUNITY EXISTS FOR US TO REALLY FOCUS ON THE TEXAS MARKET BECAUSE WE DON'T HAVE A HUGE PERCENTAGE OF THE MARKET HERE.
ONE OF THE WAYS THAT WE FIND OR FOUND THAT WE CAN BE MORE IMPACTFUL AND COST-EFFECTIVE IN THE MARKET IS BY RELOCATING SOME OF THAT MANUFACTURING HERE.
NOW, THOSE PRODUCTS WILL ALSO GO INTO THE SOUTHEAST, WHICH THE SOUTHEAST CURRENTLY MAKES PRODUCTS THAT ARE IMPACT-RESISTANT, THAT WE DON'T MANUFACTURE HERE IN FLOWER MOUND.
WE CURRENTLY HAVE TRUCKS THAT ARE RUNNING FROM FLORIDA INTO TEXAS EVERY SINGLE DAY.
FOR THE SENIOR LEADERSHIP AT MITER BRANDS, IT'S VERY POSSIBLE TO PUT THESE PRODUCT LINES IN FLORIDA, PUT THOSE ON THOSE TRUCKS TO HELP FILL OUT THE CUBE, DRIVE DOWN THE FREIGHT, AND SERVICE THE TEXAS MARKET.
I'M HERE TO REALLY HOPEFULLY PREVENT THAT FROM OCCURRING.
>> WELL, WE HOPE YOU'RE SUCCESSFUL.
RAY CAN ASK YOU A QUICK QUESTION? THE TEXAS GRANT THAT'S A BIG COMPONENT OF THIS.
DOES IT HELP WITH THAT CONVERSATION IF THE TOWN GETS BEHIND THIS AS WELL?
>> IT DOES. WE'VE ALREADY MET WITH THE STATE IN SUPPORT OF THIS GRANT.
WE'RE INVOLVED IN THAT AS WELL.
THEY HAVE KPMJ'S HIRED A THEIR CONSULTANT, AND THEY'RE WORKING DIRECTLY WITH THE STATE.
>> WELL, JR, THANK YOU VERY MUCH. APPRECIATE IT.
>> DOES ANY OTHER COUNCIL MEMBER HAVE ANY COMMENT? YEAH, THANK YOU.
I THINK EXTENDING THIS WILL HELP YOUR BUSINESS, WILL HELP THE COMMUNITY, AND WE APPRECIATE YOUR COMMUNITY ACTION AS WELL.
>> IT WAS INTERESTING. THEY HAD SAFETY AS THEIR NUMBER ONE DEAL UP THERE.
IF YOU GO TO THEIR FACILITY, THEY DRESS YOU IN A SUIT OF PRETTY HEAVY STUFF [LAUGHTER]. BUT THANK YOU.
>> WELL, THIS IS A PUBLIC HEARING, SO WE DON'T HAVE ANY COMMENT CARDS. WE'RE GOING TO OPEN THIS.
DOES ANYBODY IN THE LARGE CROWD WISH TO MAKE A PUBLIC COMMENT? WE WILL CLOSE THIS.
DOES ANY COUNCILMEMBER HAVE ANYTHING ELSE TO DELIBERATE AGAIN ON, OR DO YOU WANT TO MAKE A MOTION?
>> I'M READY TO MAKE A MOTION.
I MOVE TO APPROVE AGENDA ITEM K3 AS PROPOSED.
>> TRACY, WILL YOU GO AHEAD AND TAKE THE ROLE?
[00:50:01]
>> ITEM K3 PASSES BY UNANIMOUS SPOKE. CONGRATULATIONS.
>> WE HAVE BRIAN WALTENBURG IS GOING TO PRESENT TODAY FROM PUBLIC WORKS,
[L. BOARDS/COMMISSIONS]
ON THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE.>> GOOD EVENING. I'M BRIAN WALTENBURG, HERE TO TALK TO YOU A LITTLE BIT ABOUT THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE AND HOW THE RECENT LEGISLATIVE UPDATES HAVE AFFECTED THAT, AND WHAT WE NEED TO DO TO MEET THE REQUIREMENTS OF THE NEW LEGISLATION.
I'LL GET INTO EXACTLY WHAT THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE IS.
TALK A LITTLE BIT ABOUT THE CHANGES ENACTED WITH SENATE BILL 1883.
HOW THAT IMPACT CIAC, AND BY REFERENCE TO SMART GROWTH, AND THEN REQUEST FEEDBACK FROM YOU ALL ON HOW YOU'D LIKE TO SEE US PROCEED.
WHAT IS CIAC? CIAC IS A STATE-MANDATED COMMITTEE UNDER CHAPTER 395 OF THE LOCAL GOVERNMENT CODE.
ITS ONLY OBJECTIVE IS TO ADVISE COUNSEL ON WHETHER OUR PROPOSED CAPITAL IMPROVEMENTS, SO THE CAPITAL IMPROVEMENT PLAN AS IT RELATE TO IMPACT FEES AND THE ASSOCIATED IMPACT FEES, ARE REASONABLE AND EQUITABLE.
AS WE MONITOR THE PROGRESS OF THOSE CAPITAL PROJECTS AND PROVIDE A SEMI-ANNUAL REPORT TO COUNSEL ON THE COMPLIANCE WITH THAT IMPACT FEE STATUTE.
THAT'S WHAT WE DO WHEN WE UPDATE THE IMPACT FEES, CIAC REVIEWS THEM, PROVIDES RECOMMENDATIONS, AND THEN THEY HEAR A SEMI-ANNUAL REPORT THAT WE PROVIDE TO THEM ON THE PROJECTS THAT WE'RE DOING AND HOW WE ARE COLLECTING AND SPENDING IMPACT FEES.
THAT GETS DONE ON A BI-ANNUAL BASIS.
THE CURRENT CIAC MEMBERSHIP REQUIREMENTS ARE THAT THE LOCAL GOVERNMENT CODE REQUIRES A MINIMUM OF FIVE MEMBERS, 40% OF THOSE MEMBERS MUST BE REPRESENTATIVES OF THE REAL ESTATE DEVELOPMENT OR BUILDING INDUSTRIES.
OR YOU'RE ALLOWED TO HAVE YOUR PLANNING AND ZONING COMMISSION, PLUS A MINIMUM OF ONE INDUSTRY REPRESENTATIVE.
THAT'S THE CURRENT REQUIREMENTS.
FLOWER MOUND UTILIZES THAT OPTION.
WE USE P AND Z TO SERVE AS OUR CIAC MEMBERS, AND WE HAVE TWO INDUSTRY REPRESENTATION MEMBERS ON THAT BOARD.
SMART GROWTH, WE UTILIZE THE SAME COMMISSION, THE SAME MEMBERS FOR SMART GROWTH AND CIAC.
SMART GROWTH INCLUDES THOSE INDUSTRY REPRESENTATIVES BECAUSE THEY ALREADY SERVE ON CIAC.
SENATE BILL 1883 PASSED DURING THAT RECENT LEGISLATIVE SESSION.
IT WILL BECOME EFFECTIVE ON SEPTEMBER 1.
THE KEY CHANGES ARE THE INCREASED PUBLIC HEARING NOTIFICATION REQUIREMENT.
WHEN BEFORE IT WAS 30 DAYS, NOW IT'S 60 DAYS.
CERTAIN THINGS HAPPEN, AND WE HANDLE THEM AT THE STAFF LEVEL.
THAT'S NOT SOMETHING THAT WILL NEED TO BE CHANGED.
>> TWO THIRDS VOTE BY COUNCIL TO IMPOSE IMPACT FEES.
IN THE PAST, IT WAS JUST A MAJORITY.
IT LIMITS THE INCREASE OF IMPACT FEES TO NO SOONER THAN THREE YEARS SINCE THE LAST INCREASE.
HISTORICALLY, THE TOWN HAS LOOKED AND REVIEWED OUR IMPACT FEES EVERY FIVE YEARS.
THIS REALLY DOESN'T IMPACT US.
INCREASES REQUIRED INDUSTRY REPRESENTATION ON CIAC FROM 40 TO AT LEAST 50%.
IT ALSO GOES IN TO SAY THAT REPRESENTATIVES OF THOSE INDUSTRIES CANNOT BE EMPLOYEES OR OFFICIALS OF THE TOWN OF FLOWER MOUNT, WHICH INCLUDES PEOPLE WHO SERVE ON OTHER BOARDS.
YOU CAN'T HAVE THE SAME REPRESENTATION ON CIAC IF THEY ALREADY SERVE ON SMART GROWTH.
THAT MAKES SENSE. BUT THAT'S SPECIFIC TO THE INDUSTRY REPRESENTATIVE.
I'LL GET INTO A LITTLE MORE LATER ABOUT THAT.
IT ALSO REMOVES THE ALLOWANCE FOR THE PLANNING AND ZONING COMMISSION TO ACT AS CIAC, AND IT REQUIRES AN INDEPENDENT FINANCIAL AUDIT IF RAISING IMPACT FEES.
THE TWO THAT ARE UNDERLINED ARE THE ONES THAT WE'RE HERE TO DISCUSS TODAY, ALL THE OTHER ONES WE CAN HANDLE AN ADMINISTRATIVE AND STAFF LEVEL.
WHAT'S THE IMPACT TO THE TOWN? I GOT THIS LITTLE CHART HOPEFULLY THAT WALKS YOU THROUGH IT.
THIS IS THE CURRENT CIAC AND SMART GROWTH COMMITTEES.
YOU CAN SEE THERE'S NINE MEMBERS OF THE P&Z AND THERE'S TWO REPRESENTATIVES.
IF WE WERE TO MEET THE 50/50 RULE OR AT LEAST 50% INDUSTRY REPRESENTATIVES, YOU WOULD HAVE AN 18 PERSON COMMITTEE, THAT'S NOT REALISTIC.
THEN A LOT OF THOSE WOULD BE NEW MEMBERS.
WE LOOKED AT HOW SHOULD WE GO ABOUT THIS? WHAT MAKES SENSE? FROM STAFF DISCUSSION, WE ALSO TALKED WITH LEGAL,
[00:55:01]
WE'RE LOOKING AT A SIX PERSON COMMITTEE.WE HAVE THREE APPOINTED MEMBERS FROM EXISTING BOARDS.
IT WOULD BE A P&Z CHAIR, THE P&Z VICE CHAIR, AND THE TRANSPORTATION CHAIR.
THEN WE WOULD HAVE THREE INDUSTRY REPRESENTATION.
WE WOULD UTILIZE THE TWO THAT ARE EXISTING, WE WOULD ADD ONE MORE.
IT WOULD BE ONE MORE PERSON THAT WOULD NEED TO BE APPOINTED FROM THE INDUSTRY.
THEN WE WOULD SEPARATE CIAC AND SMART GROWTH BECAUSE WE COULDN'T USE THE INDUSTRY REPRESENTATION THAT WE CURRENTLY HAVE ON CIAC, OR WE WOULD NEED TO APPOINT TWO MORE PEOPLE TO KEEP THE TWO MORE INDUSTRY REPRESENTATIVES.
DOES THAT MAKE SENSE? ONE OF THE THINGS THAT HAS BEEN DIFFICULT IN THE PAST IS WHAT I UNDERSTAND IS FINDING INDUSTRY REPRESENTATIVES THAT WANT TO SERVE ON THESE BOARDS.
I THINK THAT MEETING THE LEGISLATIVE REQUIREMENTS WHILE ALSO UNDERSTANDING THE DIFFICULTIES OF OBTAINING, I GUESS, INDUSTRY REPRESENTATIVES, THIS IS MAYBE THE BEST IDEA, THE BEST RECOMMENDATION THAT WE COULD COME UP WITH.
IF YOU GUYS HAVE ANY OTHER OPTIONS OR IDEAS ON HOW WE COULD MOVE FORWARD WITH THIS, WE'RE DEFINITELY OPEN TO THAT.
BASICALLY, THAT'S THE LEGISLATIVE ACTION OR LEGISLATIVE REQUIREMENTS IN NUTSHELL.
I JUST WOULD LIKE TO GET SOME FEEDBACK FROM YOU GUYS ON HOW YOU GUYS WANT TO SEE US MOVE FORWARD AND THEN ONCE THAT FEEDBACK IS RECEIVED, WE CAN BRING BACK THE OFFICIAL ITEMS TO MAKE THAT HAPPEN.
>> COULD YOU PUT SLIDE? WOW, YOU'RE AWESOME.
I WAS THINKING ABOUT IT, AND THERE IT WAS SLIDE 5 BACK UP.
LUCKILY, WE'RE GOING TO BE SOON LOOKING FOR BOARDS AND COMMISSIONS APPOINTMENTS AND INTERVIEWS.
MAYBE IF STAFF COULD REVIEW THOSE FIRST AND MAYBE PULL SOME OUT THAT MIGHT BE QUALIFIED FOR THE INDUSTRY PORTION, THAT MIGHT BE HELPFUL FOR US BECAUSE SOMETIMES IT IS HARD TO GET THOSE FOLKS TO SERVE IN THESE WAYS.
THEN HOW OFTEN DO THEY HAVE TO MEET AGAIN?
>> THEN EVERY FIVE YEARS, THEY'LL MEET TO REVIEW USUALLY TWO OR THREE TIMES WHEN WE'RE ACTUALLY GOING THROUGH THE IMPACT FEE UPDATES.
>> THAT SHOULD BE COMING UP PRETTY SOON THOUGH BECAUSE WE DO IN 21?
>> THAT'S CORRECT. CIAC WOULD HAVE SEEN THIS PROBABLY LATE THIS YEAR, SO THAT'S WHY WE NEED TO GET THIS UPDATED.
>> I THINK THE TIMING IS GOOD FOR US.
I KNOW SEPTEMBER 1ST IS PRETTY FAST.
WILL WE BE IN VIOLATION BECAUSE WE DON'T NORMALLY MAKE OUR APPOINTMENTS UNTIL MID SEPTEMBER AFTER WE HAVE THE INTERVIEWS WILL BE FINE WITH THAT.
>> WE'RE HOLDING OUR SEMI ANNUAL IMPACT FEE UPDATE MEETING AT THE END OF AUGUST.
WE'LL GET ON THERE WITH THE CURRENT CIAC, AND THEN THIS WILL NEED TO BE DONE BEFORE WE BRING IT TO CIAC TO MOVE THE IMPACT FEE UPDATE FORWARD.
>> DOES THAT HAVE TO BE THE P&Z CHAIR? COULD IT BE ANYBODY ON P&Z?
>> ANYBODY. THIS IS JUST RECOMMENDED.
THIS IS WHAT WE THREW UP THERE, BUT IF P&Z WANTS TO GET TOGETHER AND A POINT OR RECOMMEND PEOPLE OR IF YOU GUYS HAVE PEOPLE THAT YOU WOULD LIKE TO SPECIFICALLY RECOMMEND, THAT'S FINE AS WELL.
ALSO, I PUT ON THERE, I DIDN'T MENTION THIS, BUT IT'S A SIX PERSON COMMITTEE.
YOU CAN'T HAVE A 50/50 VOTE BECAUSE THEN AS I UNDERSTAND IT, IT'S NOT EVEN A VOTE.
IT'S LIKE A NO MOTION. THAT'S CORRECT.
IT HAS TO BE AFFIRMATIVE OR IT HAS TO BE ONE OF THE OTHER.
IF THERE'S A SIX PERSON COMMITTEE, ONE OF THE PEOPLE WOULDN'T BE VOTING.
IT WOULD BE THE CHAIR OF THAT COMMITTEE WOULDN'T VOTE UNLESS IT'S A TIE.
IF SOMEONE'S MISSING, THEN THEY CAST THE TIE BREAKING VOTE.
>> THE RECOMMENDATION TO HAVE THE TRANSPORTATION CHAIR, P&Z AND CHAIR ADVISOR, WE'RE JUST MAKING THAT UP.
THAT'S NOT RIGHT. WE COULD HAVE JUST THE THREE MEMBERS OF P&Z AS A SUBCOMMITTEE TO DO THIS IF WE WANTED TO.
>> HE WAS SAYING IT DOESN'T HAVE TO BE THE CHAIR.
>> THAT'S JUST ANOTHER OPTION, MAYBE TO MAKE IT EASIER, ESPECIALLY IF YOU WANT TO CO HAVE THEM ON THE SAME DAY.
>> THAT'S CORRECT. ONE OF THE REASONS WHY WE DID THROW OUT THE IDEA OF PUTTING IN THE TRANSPORTATION CHAIR IS BECAUSE THERE ARE ROADWAY IMPACT FEES ASSOCIATED WITH THIS.
THEY'RE MAYBE MORE FAMILIAR WITH SOME OF THOSE PROJECTS.
>> NO, I THINK I LIKE THE IDEA.
>> I LIKE THAT BETTER AND THROWING EVERYBODY FROM P&Z ON THAT COMMISSION.
>> THE NEW LAW SAYS, SHOULD THE THREE MEMBERS NEED TO BE EITHER DEVELOPMENT, REAL ESTATE, OR BUILDING INDUSTRY.
>> HOW DO WE DETERMINE IF SOMEONE QUALIFIES? FORMER REALTOR RETIRED.
IS THAT WOULD THAT BE A QUALIFYING MEMBER?
MY GUESS IS THOSE MAY BE DEFINED TERMS, AND IF SO, THEN WE WOULD NEED TO COMPLY WITH THAT DEFINITION.
OTHERWISE, IT WOULD JUST BE A COMMON SENSE READING OF THE ORDER.
[01:00:02]
>> CAN IT BE THREE REALTORS? IT HAVE TO BE ONE OF EACH?
>> IT JUST SAYS THE MEMBERS HAVE TO BE ONE OF THE INDUSTRY. HAS TO HAVE THAT JOB.
>> THIS IS NOT GOING TO BE A PROBLEM THEN.
I DON'T THINK WE'LL HAVE ANY PROBLEM FINDING REALTORS WHO WANT TO PARTICIPATE.
I ALREADY KNOW SO. DIRECTION. ARE YOU LOOKING FOR DIRECTION THEN ON HOW WE WOULD LIKE TO PROCEED? I'M OKAY WITH THE TRANSPORTATION CHAIR BEING PART OF THIS. I THINK THAT'S.
>> I LIKE THAT WHOLE LAYOUT EXCEPT NOT MAKING IT A P&Z CHAIR.
VICE CHAIR, IT CAN BE WHOEVER'S ELECTED TO THIS.
>> WELL, I WOULD HAVE THE P&Z OR [OVERLAPPING] CHAIR ELECTED OR.
WHOEVER P&Z APPOINTS THE P&Z CHAIR COULD TAKE OR [OVERLAPPING]
>> CHAIR MAY NOT WANT [INAUDIBLE]
>> I WOULD GIVE THEM THE OPTION OF DELEGATING TO OTHER MEMBERS OF THE SAME BOARD.
IF THE P&Z CHAIR, FOR EXAMPLE, DIDN'T HAVE THE BANDWIDTH TO GO TO ANOTHER MEETING? JUST A THOUGHT. MAYBE THEY CAN HAVE THAT OPTION.
>> BUT DIDN'T YOU SAY YOU MIGHT BE ABLE TO HOLD IT ON THE SAME NIGHT, JUST LIKE MAYBE AN EARLIER TIME SLOT SO THAT THEY DON'T HAVE TO.
>> WELL, THE TRANSPORTATION CHAIR, I GUESS WOULD BE. THEY WOULD BE CONCERNED.
>> THEY WOULD HAVE [INAUDIBLE].
>> THEY COULD PROBABLY DELEGATE THAT IF THEY WANTED TO.
>> I THINK WE'VE DONE THAT BEFORE.
>> THEN WE WOULD HAVE THIS BOARD APPOINT THEIR OWN CHAIR OR ELECT THEIR OWN CHAIR.
IS THAT WHAT YOU SAID, MAYOR? IS THAT OKAY?
>> IN THE COMMITTEE DOCUMENT DOESN'T SAY WHO'S THE CHAIR.
I WAS SURE IT WOULD JUST MEET THE STANDARD BRAND.
>> WE WOULD ESTABLISH THE RULE.
YOU ALL COULD EITHER DECIDE TO HOLD THAT AUTHORITY YOURSELF FOR APPOINTMENT OR YOU COULD ALLOW THE COMMITTEE ITSELF TO DECIDE.
BY THE WAY, I DON'T SEE A DEFINITION FOR THOSE THREE TYPES OF INDUSTRY.
>> THAT IS SOMETHING THAT'S TIED INTO THE BOARDS LIKE YOU WERE TALKING ABOUT THE BOARDS AND COMMISSIONS, WE DESIGNATE THAT, DO IT AT THE SAME TIME, AND THEN PEOPLE CAN SAY WHETHER OR NOT THEY WANT TO BE ON THERE.
>> EXCEPT THEY HAVE TO MEET BEFORE.
>> WELL, THE CURRENT ONE MEETS BEFORE THE NEW RULE CHANGES.
THIS CURRENT SCHEME HERE, THEY'LL SATISFY THAT IN AUGUST AND THEN SEPTEMBER 1ST IS THE NEW REQUIREMENT.
WE'LL GET SIX MONTHS BEFORE WE HAD TO DO IT AGAIN OR IS IF WE WANTED, AS LONG AS IT'S TWICE A FISCAL YEAR OR CALENDAR YEAR.
>> IT'S TYPICALLY CALENDAR YEAR.
AS LONG AS YOU'RE HOLDING IT TWICE A YEAR.
>> IS AUGUST OUR SECOND ONE FOR THIS YEAR?
>> I WOULD JUST HAVE THE P&Z CHAIR OF THIS COMMITTEE.
>> HE MIGHT NOT WANT TO DO IT.
>> I AGREE WITH ADAM. I LIKE HAVING THE P&Z CHAIR, CHAIR THIS COMMISSION.
I ALSO LIKE HAVING THE TRANSPORTATION CHAIR AS ONE OF THE MEMBERS AS WELL.
>> BUT WHAT IF HE MAY NOT WANT TO DO IT?
>> WE CAN A LANGUAGE OR THEIR DELEGATE.
BUT THAT WAY THEY GET THE DEFAULT BEING ON THE COMMITTEE, IF THEY CHOOSE NOT TO, THEN THEY CAN DELEGATE SOMEONE ELSE FROM THEIR RESPECTIVE COMMISSIONS.
>> THEY WERE ALREADY ON THE COMMITTEE BEFORE.
>> IT SHOULDN'T BE ANYTHING DIFFERENT.
IT WOULD JUST BE MORE FOR TRANSPORTATION SHARE BECAUSE IT WOULD BE TWO MORE MEETINGS PER YEAR.
>> YOU'RE ASSUMING THAT IT'S AGAIN BEFORE A REGULAR P&Z MEETING, LIKE IT WAS IN THE PAST?
>> YEAH. WE WOULD TYPICALLY PROBABLY HOLD AT THE SAME TIME.
WE WOULD TRY TO GET IT RIGHT BEFORE THE P&Z.
IT SEEMS LIKE IT WORKED PRETTY WELL AND IF WE HAVE TWO P&Z MEMBERS ON THERE, MOST LIKELY, WE'LL CONTINUE THAT.
>> CAN WE DO AWAY WITH THE REQUIREMENT THAT WE HAVE A DEVELOPMENT REPRESENTATIVE, REAL ESTATE REPRESENT JUST MAKE IT STICK WITH WHAT THE LAW SAYS, WHICH IS, IT CAN BE ALL THREE MEMBERS CAN BE FROM THE SAME INDUSTRY IF THAT'S HOW WE HAPPEN TO.
>> ANY INDUSTRY REPRESENTATION.
>> THAT'S JUST NOT HOW WE DO IT TODAY. WE HAVE ONE OF EACH.
IS THAT THE LAW REQUIRE US TO DO IT THAT WAY TODAY?
>> THEN THE SMART GROWTH COMMISSION REMAIN, BUT IT'LL JUST BE P&Z WITH NO INDUSTRY REPRESENTATION. THAT'S FINE.
>> GOOD. WHAT I HEARD IS, WE'LL GO FORWARD WITH THIS EXCEPT WE'LL ADD A DELEGATE IF THEY WOULD LIKE THAT OPTION, AND WE'LL MOVE FORWARD WITH THAT.
>> CAN I JUST WEIGH IN ON THAT ASPECT JUST QUICKLY? I THINK IT WOULD BE INCUMBENT ON COUNSEL TO DECIDE WHO THE MEMBERS ARE RATHER THAN HAVING AN ADVISORY COMMITTEE MEMBER APPOINT THEIR OWN REPLACEMENT.
THERE COULD BE SOME QUESTION ABOUT CAPACITY AND WHETHER THEY'VE BEEN LAWFULLY APPOINTED.
IN THEORY, I LIKE THE IDEA, BUT LEGALLY THAT MAY BE INEFFECTIVE TO JUST HAVE SOMEONE SAY TONIGHT, MY ASSOCIATE IS COMING TO FILL THAT POSITION.
>> LET'S MAKE IT PART OF OUR BOARDS AND COMMISSIONS PROCESS.
>> ALSO, WHEN THEY ELECT THE CHAIRS OF THESE BOARDS, IT CAN BE CLEAR THAT THAT'S A REQUIREMENT AS THE CHAIR, SO DON'T VOLUNTEER TO BE THE CHAIR IF YOU DON'T INTEND TO PARTICIPATE.
>> THANK YOU, BRIAN FOR CLARIFYING THAT. IT HELPS.
[01:05:01]
[N. CLOSED MEETING (Part 1 of 2)]
THE TOWN COUNCIL IS CONVENING INTO A CLOSED SESSION PURSUANT TO.>> THANK YOU. PURSUANT TO CODE 551071.
THAT'S THE ONLY ONE. WE'LL BE BACK.
>> WE HAVE ALL COUNCIL MEMBERS HERE.
NOW, WE HAVE TWO PEOPLE REMOTE.
[O. RECONVENE (Part 1 of 2)]
WE ARE RECONVENING INTO OPEN SESSION.THERE'S NO ACTION TO BE TAKEN AS A RESULT OF OUR CLOSED SESSION.
WE HAVE BLAKE MANUAL FROM OUR MANAGEMENT ANALYST,
[M. WORK SESSION ITEM]
WHO IS GOING TO PRESENT ON AN ITEM THAT WE DISCUSSED, I BELIEVE ON JULY 7TH AT ONE OF OUR COUNCIL MEETINGS.WE PUT THIS ON THE WORK SESSION.
WE ARE GOING TO REVIEW TONIGHT THE DANGEROUS DOG ORDINANCE. BLAKE.
>> YES. TONIGHT, WE'RE HERE TO REVIEW OUR DANGEROUS DOG ORDINANCE.
DURING OUR JULY 17 TOWN COUNCIL MEETING, TOWN COUNCIL REQUESTED A REVIEW OF OUR ANIMAL ORDINANCES OR MORE SPECIFICALLY OUR DANGEROUS DOG ORDINANCE.
IN THIS PRESENTATION, I'LL JUST BE GOING OVER OUR CURRENT DANGEROUS DOG ORDINANCE FOR THE TOWN.
THEN I'LL BE COMPARING THAT TO THE STATE CODE AS WELL AS SOME OF OUR BENCHMARK CITIES.
THEN AT THE END, COUNCIL CAN REVIEW AND THEN DISCUSS AND PROVIDE STAFF WITH ANY DIRECTION.
THE DANGEROUS DOGS ARE CURRENTLY UNDER THE TEXAS STATE CODE.
THEY'RE GOVERNED BY OUR TEXAS HEALTH AND SAFETY CODE CHAPTER 822.
IN THIS CHAPTER, IT DECIDES WHAT DETERMINES A DANGEROUS DOG, THE RESPONSIBILITIES OF OWNERS OF DANGEROUS DOGS, AND THEN ANY PENALTIES IN THE APPEALS PROCESS FOR AFTER A DOG HAS BEEN DETERMINED DANGEROUS.
BUT WITHIN THAT SAME CODE, THERE IS THAT CAVEAT THAT ALLOWS LOCAL GOVERNMENTS TO ADD MORE STRINGENT REQUIREMENTS TO THE DANGEROUS DOG ORDINANCE AS LONG AS IT'S NOT BREED SPECIFIC.
AS I SAID, A LOT OF OUR DANGEROUS DOG, WILL ALL OF OUR DANGEROUS DOG CODES COME FROM OUR TEXAS STATE CODE, AND IN SO IS OUR DANGEROUS DOG DEFINITION.
IN OUR DANGEROUS DOG DEFINITION, TO BE DETERMINED A DANGEROUS DOG, THE DOG HAS TO EITHER MAKE AN UNPROVOKED ATTACK ON A PERSON OR ANIMAL OUTSIDE OF THEIR DESIGNATED ENCLOSURE, OR THEY HAVE TO COMMIT AN UNPROVOKED ATTACK THAT MAKES A REASONABLY SUSPICIOUS THAT THEY ARE, IN FACT, A DANGEROUS DOG.
BUT ONE THING YOU'LL SEE NOTED IN THAT GREEN IS THAT OR ANOTHER ANIMAL.
CURRENTLY IN THE TEXAS STATE CODE, IT ONLY APPLIES TO ATTACKS THAT ARE AGAINST ANOTHER PERSON.
BUT WHAT THE TOWN DECIDED TO DO BACK IN 2019 IS AT THE OR ANOTHER ANIMAL.
ANY PENALTIES THAT WERE PREVIOUSLY APPLY TO A PERSON IN OUR CURRENT DEFINITION, IT WILL ALSO APPLY TO AN ANIMAL AS WELL.
BOTH PENALTIES WILL ALIGN FOR ANIMAL AND PEOPLE ATTACKS.
AS I SAID, WE DID END UP REVIEWING OUR DANGEROUS DOG ORDINANCE IN THE PAST IN 2019, ACTUALLY.
IN DOING SO, WE UPDATED IT SO IT ALIGNED MORE WITH WHAT THE TEXAS STATE LAW WAS.
WHEN WE UPDATED IT, WE JUST EXPANDED THE DEFINITION TO INCLUDE ATTACK ON ANIMALS, WHICH JUST APPLIED THE SAME PROCESS AS A TAX ON PEOPLE.
WE ALSO SHIFTED THE DANGEROUS DOG TERMINATION FROM THE ANIMAL SERVICES MANAGER TO THE MUNICIPAL COURT.
PREVIOUSLY WERE THE ANIMAL SERVICES MANAGER WAS JUST ALLOWED TO DETERMINE WHETHER A DOG WAS DANGEROUS.
THIS NOW ALLOWED THE MUNICIPAL COURT TO GO THROUGH A COURT'S PROCESS TO DECIDE WHETHER THAT DOG WAS DANGEROUS OR NOT.
THEN SINCE OUR 2019 ORDINANCE UPDATE, THERE HAVE BEEN A TOTAL OF 11 DANGEROUS DOG CASES, AND OUT OF THOSE 11, ONLY EIGHT OF THOSE WERE DETERMINED TO BE DANGEROUS DOGS.
IN THE LAST FIVE YEARS, WE'VE ONLY HAD EIGHT DANGEROUS DOG DECLARATIONS.
HOWEVER, IN THE TOWN'S HISTORY, THERE HAVE BEEN OVER 40 DIFFERENT DANGEROUS DOG DECLARATIONS WITHIN THE TOWN.
WHAT IS THE PROCESS TO DETERMINE WHETHER A DOG IS DANGEROUS OR NOT?
[01:10:06]
IT REALLY STARTS OFF WITH THAT INCIDENT, WHETHER THAT DOG ATTACKS ANOTHER ANIMAL OR A PERSON.IT STARTS OFF WITH THAT JUST INCIDENT, AND THEN IT GOES TO A REPORT BEING FILED.
A WITNESS OR THE OWNER OF HAVE TO GO TO THE MUNICIPAL COURT AND THEY HAVE TO GET A NOTARIZED COMPLAINT, STATING ALL THE DETAILS, WITNESSES, THE DOGS, AND WHATNOT.
THEN FROM THERE, ANIMAL CONTROL STARTS THEIR INVESTIGATION.
THE OWNER IS NOTIFIED AT THIS POINT.
THE OWNER OF THE DOG THAT MADE THE ATTACK IS NOTIFIED, AND FROM THERE, THEIR ANIMAL IS SEIZED WITH A WARRANT AND THEY ARE IMPOUNDED WITHIN THE ANIMAL SERVICES CARE.
>> FOLLOWING THAT, A HEARING IS HELD AND AT THIS POINT, THE COURT WILL DETERMINE IF THAT DOG IS DANGEROUS OR NOT.
IF THE DOG ISN'T DANGEROUS, IT WILL BE RELEASED BACK INTO ITS OWNER.
HOWEVER, IF THE DOG IS DETERMINED DANGEROUS, THERE ARE DIFFERENT REQUIREMENTS THAT THE OWNER MUST MEET IN ORDER TO RECEIVE THEIR ANIMAL BACK FROM ANIMAL SERVICES CARE, WHICH I'LL GET MORE TO ON THE NEXT SLIDE.
HOWEVER, IF THE DANGEROUS DOG OWNER IS IN NON-COMPLIANCE, THE TOWN DOES HAVE THE OPTION TO HUMANELY DESTROY OR EUTHANIZE THE ANIMAL OR HAVE IT REMOVED FROM THE TOWN.
BUT AT THE END OF THE PROCESS, ONCE THAT DOG HAS BEEN DETERMINED DANGEROUS, THE DANGEROUS DOG OWNER DOES HAVE THE ABILITY TO APPEAL THE DECISION TO THE COUNTY COURT.
WHAT HAPPENS AFTER THAT DOG HAS BEEN DETERMINED DANGEROUS? THERE ARE CERTAIN REQUIREMENTS OF DANGEROUS DOG OWNERS THAT WERE SET OUT BY THE TEXAS STATE CODE.
THOSE ARE ALL ON THE LEFT HAND SIDE.
THOSE STARTS OFF WITH THE DANGEROUS DOG MUST WEAR A MUZZLE AND RESTRAINT IN PUBLIC.
THEY HAVE TO GET A 100,000 LIABILITY INSURANCE, HAVE A SECURE ENCLOSURE WITH A PADLOCK REQUIRED, AND THERE ARE A FEW MORE, BUT I DID WANT TO POINT OUT THAT.
SINCE THE TOWN IS ALLOWED TO ADD MORE STRINGENT REQUIREMENTS, THAT IS WHAT WE DID TO THE OWNER ENFORCEMENT REQUIREMENTS.
ALL OF THOSE YOU'RE GOING TO SEE IN BOLD ARE SOME OF THE TOWN RESTRICTIONS THAT ARE NOT CURRENTLY IN THE STATE CODE.
THOSE INCLUDE HAVING TO POST A DANGEROUS DOG SIGNAGE, PROVIDE A FLUORESCENT ORANGE COLLAR, AND THEY MUST BE MICROCHIPPED AND STERILIZED.
THE FIRST FOUR UP UNTIL THE PROVIDE FLUORESCENT ORANGE COLLAR HAVE TO ALL BE DONE BEFORE THE OWNER CAN RECEIVE THEIR DANGEROUS DOG BACK.
HOWEVER, AFTER THEY RECEIVE THEIR DANGEROUS DOG BACK, THEY HAVE UP TO 30 DAYS TO GET THEIR DANGEROUS DOG MICROCHIPPED AND STERILIZED.
THEN ON THE RIGHT HAND SIDE OR JUST SOME OF THE PENALTIES IF THE OWNER ENFORCEMENT REQUIREMENTS ARE NOT MAINTAINED OR IF THE DANGEROUS DOG DOES END UP ATTACKING ANOTHER PERSON OR ANIMAL.
THOSE PENALTIES INCLUDE CLASSY MISDEMEANOR WITH FINES UP TO 2,000 PER OFFENSE.
EACH DAY IS EQUAL TO A SEPARATE OFFENSE.
THE COURT MAY ALSO ORDER THE REMOVAL OF THE DANGEROUS DOG FROM THE TOWN HUMANE EUTHANIZATION, OR THE OWNER CAN PROVIDE PROOF OF THE OWNER ENFORCEMENT REQUIREMENTS.
BUT WHEN IT'S ALL SAID AND DONE, IF THE DANGEROUS DOG DOES END UP MAKING A SECOND OFFENSE AS IN ATTACKING ANOTHER ANIMAL OR A PERSON, THE TOWN DOES HAVE THE OPTION TO HAVE IMMEDIATE HUMANE DESTRUCTION.
JUST LIKE THE LEFT HAND SIDE, THE PENALTIES DO ALSO COME FROM THE TEXAS STATE CODE AS WELL.
THEN IN COMPARISON WITH OUR BENCHMARK CITIES, SO CURRENTLY, OUR ORDINANCES ALIGNS PRETTY MUCH TO THE POINT WITH OUR TEXAS STATE CODE.
BUT WE ALSO LOOKED UP HOW OUR DANGEROUS DOG ORDINANCE APPLIES TO SOME OF OUR BENCHMARK CITIES AND HOW IT COMPARES.
OUR DANGEROUS DOG ORDINANCE PRETTY MUCH IS THE SAME ACROSS OUR BENCHMARK CITIES.
IF THERE ARE ANY DIFFERENCES, OUR FLOWER MOUND CODE OFTEN HAS MORE OF THOSE STRICTER REQUIREMENTS, HOWEVER, DENTON AND NORTH RICHLAND HILLS DID SOUND OUT AS AN EXCEPTION WHEN IT CAME TO THAT INITIAL DETERMINATION OF A DOG BEING DANGEROUS.
WHEN A DOG IS INITIALLY DETERMINED DANGEROUS WITHIN THE TOWN, THE TOWN ACCORDING TO THE ORDINANCE,
[01:15:01]
THEY HAVE THE OWNER COMPLY TO THE SPECIFIC CONDITIONS, THOSE REQUIREMENTS, THE MUZZLE, THE PADLOCK, SECURING THEM IN THEIR ENCLOSURE.HOWEVER, DENTON AND NORTH RICHLAND HILLS OFFERS OPTIONS WHEN IT COMES TO THAT INITIAL DETERMINATION.
IN ADDITION TO REQUIRING THESE SPECIFIC OWNER REQUIREMENTS, THEY ALSO ALLOW FOR THE HUMANE DESTRUCTION OR EUTHANIZATION, OR REMOVAL OF THAT DANGEROUS DOG FROM THE TOWN.
HOWEVER, THESE ARE OPTIONS THAT ARE GIVEN TO THAT MUNICIPAL COURT JUDGE, SO THEY HAVE THE OPTIONS TO PICK THROUGH ONE OF THESE THREE.
>> AT THAT POINT, ARE THERE ANY QUESTIONS FOR THE COUNCIL?
>> THANK YOU, BLAKE FOR PRESENTING ON THAT.
THIS WORK SESSION IS TO GIVE YOU ALL INPUT ON HOW IF WE WANT TO CHANGE THE ORDINANCE, THIS IS SPECIFIC AND IF YOU MIGHT WANT TO ADD TO THIS, I THINK I MAY BE SAYING THIS RIGHT.
THIS ORDINANCE IS SPECIFICALLY FOR DOGS ON OTHER ANIMALS AND NOT HUMANS IN PARTICULAR.
>> OUR CURRENT ORDINANCE ADDRESSES BOTH.
WE HAVE PROCEDURES FOR DOGS THAT ATTACK HUMANS AND ALSO DOGS THAT ATTACK OTHER ANIMALS?
>> THE CHANGES TO BE MADE THOUGH ARE SPECIFIC FOR DOGS ON OTHER ANIMALS.
>> I THINK THAT'S THE PRIMARY PURPOSE OF OUR DISCUSSION.
I'M OBVIOUSLY OPEN TO ANY SUGGESTIONS FOR DOGS THAT ATTACK HUMANS, BUT I THINK THE ISSUES AND THE CONCERNS TODAY ARE PRIMARILY DOGS THAT ATTACK OTHER ANIMALS.
>> THIS IS A SESSION WHERE WE CAN GIVE YOU ALL FEEDBACK SO THAT WE CAN COME BACK AND CHANGE THE ORDINANCE AS APPROPRIATE AND AS MANDATED ALSO BY STATE.
>> DOES ANYBODY WANT TO START?
>> I GUESS I HAVE A CONCERN ABOUT THERE IS AN OPTION THAT THE OWNER CAN TAKE THE DOG OUT OF TOWN.
IS THERE ANY ENFORCEMENT IF IT COMES BACK? SOMEONE SEES THE DOG, IS THERE ANY OTHER CONDITION THAT WE NEED TO ADD TO THE ORDINANCE POSSIBLY TO COVER THAT?
>> THEY WOULD BE IN VIOLATION OF THE DANGEROUS DOG OF THE COURT ORDER.
WE WOULD BRING IT BACK FORWARD TO COURT TO TRY TO GET A WARRANT TO RE-SEIZE THE DOG.
THE HARD PART IS PROVING IT'S THE SAME DOG, BUT IF IT WAS, WE WOULD GO BACK TO COURT FOR THAT.
>> THERE'S REALLY NOTHING ADDITIONAL THAT WE COULD ADD TO THE ORDINANCE THAT COULD COVER THAT BECAUSE IT'S ALREADY GOING TO BE CARRIED FORWARD.
>> IF WE CAN DEMONSTRATE THROUGH IDENTITY THAT IT IS THE SAME DOG, THEN IT'S IN VIOLATION OF THE COURT ORDER AND THEN THE DOG CAN BE SEIZED AND EUTHANIZED BY COURT ORDER.
WE ALREADY HAVE THE MOST POWERFUL MECHANISM IN PLACE IN OUR ORDINANCE.
IF SOMEONE BRINGS A DANGEROUS DOG BACK TO THE TOWN AND THEY DON'T HAVE THE $100,000 INSURANCE AND THEY DON'T HAVEN'T COMPLIED WITH ALL THE OTHER REQUIREMENTS, THEN THAT'S A DANGEROUS DOG, IT'S IN VIOLATION OF OUR ORDINANCE AND IT CAN BE SEIZED AND EUTHANIZED.
>> JUST TO ADD TO THAT AS WELL.
WHENEVER A DANGEROUS DOG THAT HAS BEEN CONSIDERED DANGEROUS FROM A DIFFERENT MUNICIPALITY COMES INTO FLOWER MOUND, THEY ARE REQUIRED TO GIVE ANIMAL SERVICE NOTIFICATION THAT THAT THEIR ANIMAL IS A DANGEROUS DOG, AND MOST MUNICIPALITIES HAVE THIS IN THEIR ORDINANCE AS WELL.
IF ANY OUTSIDE DOG THAT COMES INTO THE TOWN IS A DANGEROUS DOG, THEY HAVE TO NOTIFY ANIMAL SERVICES.
>> HOW DOES AN OWNER KNOW THAT? JUST BECAUSE THEY ALREADY HAD THE DETERMINATION OF DANGEROUS DOG AND THEN THAT MUNICIPALITY SAYS, IF YOU GO ANYWHERE ELSE, YOU HAVE TO LET THEM KNOW?
>> YES. IF THAT DOG HAS BEEN DETERMINED DANGEROUS PREVIOUSLY, THEY HAVE TO LET THE TOWN KNOW.
>> I NOTED DOWN THE LIST OF CONCERNS THAT MS. AUBURN BROUGHT UP DURING HER PUBLIC COMMENTS.
I JUST WANT TO GO THROUGH THESE REAL QUICK.
DOGS THAT INJURE ANIMALS CAN BE RETURNED TO OWNERS IN FLOWER MOUND.
ACCORDING TO STATE LAW, DOGS THAT INJURE PEOPLE HAVE TO BE RETURNED TO THEIR OWNERS IF THE OWNER IS WILLING TO COMPLY WITH THE SCHEDULE OF REQUIREMENTS?
>> AS LONG AS THE DOG DOESN'T CAUSE SERIOUS BODILY INJURY TO ANOTHER PERSON.
IN OTHER WORDS, I USE THAT TERM LOOSELY MERELY BODILY INJURY.
BUT IF A DOG ATTACKS A HUMAN AND IT KILLS THE PERSON OR THE INJURY IS SUCH THAT IT WOULD REQUIRE HOSPITALIZATION, EVEN IF THEY DON'T SEEK MEDICAL ATTENTION, THEN THAT DOG CAN BE ORDERED TO BE PUT DOWN IMMEDIATELY.
IF THE DOGS THAT ATTACK PEOPLE AND THE INJURIES DON'T RISE TO THAT LEVEL, THEN THERE IS THIS PROVISION UNDER STATE LAW THAT ALLOWS FOR THE OWNER TO PURCHASE THE INSURANCE AND COMPLY WITH ALL OF THE OTHER REQUIRES.
>> DISTINCTION YOU JUST MADE WAS
[01:20:02]
BODILY INJURY AND SERIOUS BODILY INJURY, IS THAT CORRECT?>> WE HAVE TAKEN THOSE SAME RULES AND APPLIED THEM AS IS TO ANIMALS AS WE DO WITH PEOPLE?
>> WE HAVE ONLY APPLIED THE BODILY INJURY RULES TO ANIMALS IN OUR ORDINANCE CURRENTLY. WE DON'T HAVE [OVERLAPPING]
>> WE DID NOT APPLY THE SERIOUS BODILY INJURY RULE?
>> THAT'S CORRECT. AGAIN, I DON'T KNOW WHAT DISCUSSIONS PROMPTED THE 2019 AMENDMENT, BUT WE WOULD NEED TO FIND THE EQUIVALENT OF REQUIRING HOSPITALIZATION.
>> I THINK IN THIS EXAMPLE, WE COULD SAY THAT SERIOUS BODILY INJURY IS PROBABLY SATISFIED.
THEREFORE, IF WE HAD ADOPTED THE COMPLETE ORDINANCE, WE WOULD HAVE THEN HAD THAT OPTION, CORRECT?
>> IF WE HAD DEVELOPED LANGUAGE THAT WAS THE EQUIVALENT OF SERIOUS BODILY INJURY WHEN AN ANIMAL ATTACKS ANOTHER ANIMAL, THEN I THINK WE CAN INCLUDE IT IN OUR ORDINANCE RIGHT AWAY.
>> I THINK I'D LIKE TO GO IN THAT DIRECTION, BUT I MIGHT EVEN TAKE IT A STEP FURTHER AND I'D LIKE TO SEE SEPARATE ORDINANCES PERTAINING TO ANIMAL ON HUMAN, WHICH IS TO MY BEST RECOLLECTION, VERY PRESCRIPTIVE BASED ON STATE STATUTE.
WE HAVE VERY LITTLE LEEWAY IN THAT SCENARIO, UNFORTUNATELY.
I THINK THE STATE'S WRONG ON THAT.
THEY NEED TO GIVE MORE CONTROL, AND THEY NEED TO HAVE BETTER REMEDIES FASTER.
BUT THAT ISSUE ASIDE, I WOULD LIKE TO SEE STAFF EXPLORE ANOTHER ORDINANCE FOR ANIMAL ON ANIMAL.
THE DETERMINATION OF DANGEROUS FOR WHICHEVER ONE OR BOTH ARE THE AGGRESSORS? I DON'T KNOW.
IS ONE TYPICALLY THE PRIMARY AGGRESSOR LIKE THE UNPROVOKED ATTACKER, AND THAT WOULD BE THE DANGEROUS DOG.
IF A DOG, ANOTHER ANIMAL DEFENDS ITSELF, THAT WOULDN'T APPLY TO THEM, TOO, WOULD IT OR COULD IT?
>> I GUESS IT DEPENDS ON WHOSE PROPERTY, THEY END UP ON.
>> I SEE. WELL, THAT'S PART OF THE QUESTION.
BECAUSE I THINK IF WE ARE ABLE TO ADDRESS AND CURTAIL THE VERY DETRIMENTAL BEHAVIOR OF A DANGEROUS ANIMAL BEFORE IT ATTACKS A HUMAN, THAT'S PREFERRED.
OUR HANDS ARE TIED WITH DOG ON HUMAN, BUT THEY'RE NOT TIED ON DOG ON DOG OR ANIMAL ON ANIMAL, HOWEVER YOU WANT TO DEFINE IT.
>> IF BOTH ANIMALS ARE AT LARGE AND ONE KILLS THE OTHER, FOR US, HOW DO YOU DETERMINE WHO'S THE AGGRESSOR?
>> I GUESS YOU COULDN'T BECAUSE IF YOU HAVE NO WITNESS AND NO VIDEO, YOU WOULDN'T BE ABLE TO.
I'M SURE WE COULD [OVERLAPPING]
>> WOULD HAVE TO SATISFY THE UNPROVOKED.
IF YOU COULDN'T MAKE A DETERMINATION OF UNPROVOKED, THEN I WOULD THINK WOULD LIMIT YOUR OPTIONS IN THAT CASE.
>> IT STILL REQUIRES EVIDENCE AND YOUR ABILITY TO PERSUADE WITH THE FACTS AND PERSUADE THE MUNICIPAL COURT JUDGE TO DECLARE THAT IT'S A DANGEROUS DOG, AND THAT'S WHY WE MOVED IT FROM YOUR ANIMAL CONTROL OFFICER MAKING THAT DETERMINATION.
INSTEAD A COURT WHERE FACTS ARE INTRODUCED AND WITNESSES ARE SWORN IN.
>> IF A DOG GOES ONTO ANOTHER PERSON'S PROPERTY, THEN THAT SATISFIES THAT?
>> THAT CERTAINLY WOULD BE EVIDENCE THAT WOULD SUPPORT THE FINDING.
>> I'LL JUST SAY IT IS A MINIMUM EXTENDING THE SERIOUS INJURY.
TWO DOGS ON ANIMAL ATTACKS, WOULD MAYBE GET US CLOSER TO WHERE WE NEED.
>> THAT'S CLOSER TO WHERE WE NEED TO GO.
BUT I ALSO WANT TO MAKE SURE THAT THE LANGUAGE WOULD INCLUDE THAT THE DETERMINATION IS TO BE MADE BY THE COURT AND NOT OUR ANIMAL CONTROL OFFICERS OR MANAGER.
>> THE NEXT ONE WAS THE DEFINITION OF THE OWNER IN THE ORDINANCE.
NOW, FOR OUR PERSPECTIVE, EITHER THE OWNER OR WHOEVER'S IN POSSESSION OF THE DOG AT THAT TIME, IS THAT RIGHT?
>> THIS IS TAKEN MIRRORED FROM STATE LAW AND STATE LAWS DEFINITION OF OWNER INCLUDES ANYONE THAT HAS CARE CUSTODY AND CONTROL OF THE DOG, WHETHER IT'S THE LEGAL OWNER OF THE PROPERTY OR NOT.
>> IF YOU SAY I'M WATCHING SOME RELATIVES DOG AND [OVERLAPPING]
>> THAT'S RIGHT. THEN THAT QUALIFIES AS YOU BEING THE OWNER.
>> SORRY. DID YOU WANT TO SAY THAT?
>> NO. WELL, I WAS JUST GOING TO TAG INTO THE DEFINITION AND SAY, WHAT IF SOMEONE IS VISITING ME AND THEY BRING THEIR DOG? I DON'T HAVE CUSTODY OF IT, BUT THEY'RE VISITING ME?
>>THESE ARE ALL FACTUAL QUESTIONS.
OBVIOUSLY, IF YOU'RE PRESENT WITH YOUR DOG, YOU'RE THE OWNER, EVEN IF YOU'RE VISITING SOMEBODY'S HOUSE, IF YOU DROP THE DOG OFF.
>> IF IT IS A NON-RESIDENT, IT DOESN'T MATTER.
IT'S WHOEVER'S HAS DOGS IN OUR BOUNDARY.
>> IF YOU HAVE CARE CUSTODY AND CONTROL OF THE DOG, WHICH WOULD MEAN YOU DROPPED IT OFF WITH SOMEONE AND THEY HAD THE CARE CUSTODY AND CONTROL, THEN THEY WOULD CONSTITUTE THE OWNER, EVEN IF YOU WERE THE TITLE LEGAL OWNER.
>> BUT I MEAN WHAT IF SOMEONE COMES TO VISIT ME AND THEY'RE STILL THERE AND IT'S NOT MY DOG, AND IT'S JUST THE DOG OF A PERSON WHO'S VISITING ME?
>> THAT'S WHAT I'M SAYING, SO IF SOMEONE [OVERLAPPING]
>> BUT THEY ARE STAYING, THEY'RE NOT LEAVING THE DOG WITH ME.
>> THAT'S RIGHT. THEY'RE THE ONES THAT HAVE CARE CUSTODY AND CONTROL OF THE DOG.
>> EVEN IF THEY'RE NON-RESIDENT, THEY CAN STILL BE BROUGHT INTO?
>> RESIDENCY WOULD BE RELEVANT.
>> I DON'T RECALL IF THAT WAS IN OUR ORDINANCE READING.
[01:25:03]
DOES THAT NEED TO BE ADDED?>> I DON'T THINK IT DOES BECAUSE STATE LAW ALREADY ADDRESSES IT.
HOWEVER, IF YOU'D LIKE, WE CAN COPY THAT DEFINITION.
>> BREN, DOES STATE LAW CONTEMPLATE DANGEROUS OWNERS, PEOPLE WHO MAYBE HAVE MULTIPLE DANGEROUS DOGS AND DON'T SEEM TO BE DOING ANYTHING ABOUT IT?
IT JUST CONTEMPLATES COMMITTING A CRIMINAL OFFENSE, IF AFTER A DOG IN PARTICULAR THAT YOU ARE THE OWNER OF IS DECLARED DANGEROUS AND THEN YOU DON'T TAKE THE STEPS REQUIRED UNDER THE LAW TO EITHER SURRENDER THE DOG, REMOVE IT FROM THE TOWN OR COMPLY WITH ALL OF THE CONDITIONS, INCLUDING INSURANCE.
>> IF SOMEONE HAS A DOG THAT IS EUTHANIZED WITHOUT THEIR CONSENT AND THEN GOES AND GETS ANOTHER DOG RIGHT AWAY, THEY'RE ALLOWED TO DO THAT LEGALLY?
WE DON'T HAVE AN ORDINANCE PROHIBITING OWNERSHIP OF DOGS BY INDIVIDUALS WHO HAVE PREVIOUSLY OWNED OR MAINTAINED A DOG THAT HAS BEEN DECLARED DANGEROUS.
>> WOULD WE BE ALLOWED TO HAVE SUCH AN ORDINANCE?
>> I THINK THAT'S A QUESTION I'M HAPPY TO RESEARCH IT.
I'M CONCERNED THERE MAY BE SOME DUE PROCESS REQUIREMENTS.
HOW WOULD YOU KNOW THAT THE NEW DOG, THE NEW PUPPY, THAT'S IMMEDIATELY ADOPTED WOULD GROW TO BE A DANGEROUS DOG?
>> I THINK THAT'S WORTH A CLOSER LOOK.
I THOUGHT IT SOUNDS LIKE WE'RE GOING TO HAVE A FEE DISCUSSION AND WE MIGHT NEED TO UPDATE THE FEES TO MAKE THEM MORE APPROPRIATE.
WHAT DO WE CHARGE FOR AN IMPOUND FEE?
>> THAT'S A PRETTY GOOD PRICE.
A LOT LESS THAN A PRIVATE SECTOR BOARDING.
I WOULD THINK OUR FEES SHOULD AT LEAST BE COMPARABLE TO WHAT THE MARKET RATE IS BECAUSE THAT'S PROBABLY REFLECTIVE.
>> THE FEES SHOULD BE ADJUSTED TO ALLOW THE TOWN TO RECOUP ITS COSTS INCURRED IN PERFORMING ALL OF THOSE SERVICES.
WE CAN'T CHARGE MORE THAN THAT.
THAT'S CALLED THE ILLEGAL TAX.
THE ONLY WAY WE CAN GENERATE REVENUE IS THROUGH TAXES.
BUT WE ARE NOT REQUIRED TO DISCOUNT THE COST OF OUR SERVICES AND HAVE YOUR AVERAGE TAXPAYER BASICALLY SUBSIDIZING THAT COST, WHICH IS MAYBE WHAT'S HAPPENING NOW.
>> BUT WE MIGHT BE LOSING MONEY WITH THAT SMALL FEE?
>> WE'LL FIND OUT HOW MUCH THAT COST.
>> WE'RE GOING TO HAVE A DISCUSSION OF FEES.
THIS WOULD BE APPROPRIATE TO BE IN SCOPE FOR THAT, RIGHT?
>> YES. AS PART OF THE BUDGET DISCUSSION, SOME OF THE INITIAL FEEDBACK WE RECEIVED AS RES TO JUST TAKE A LOOK AT ALL OF OUR FEES AND ALL OUR REVENUE STREAMS AND WE CAN CAPTURE THIS AS PART OF THAT EXERCISE.
AS FAR AS TIMING IS CONCERNED, OBVIOUSLY, WE CAN'T PUT ANYTHING IN PLACE.
WELL, THAT'S SOMETHING I'LL WORK WITH JOHN ON, AND SO WE'LL HAVE MORE DETAILS AS WE GET TO THE WORK SESSION.
WE CAN GIVE YOU MORE DEFINITIVE ANSWER AT THAT TIME.
>> MY LAST QUESTION. THERE WAS SOME CONCERN ABOUT THE RESPONSE FROM THE TOWN.
IF SOMEONE HAS AN ALTERCATION AND THINKS THERE'S A DANGEROUS DOG, WHOSE RESPONSIBILITY IS IT TO MAKE THE COURT AWARE OF THIS DANGEROUS DOG SO THAT IT CAN THEN GO AND BE DEALT WITH?
>> THE PERSON WHO BELIEVES IT'S DANGEROUS.
IF A DOG ATTACKS YOUR DOG, THEN IT'S ME AS THE OWNER OF THAT VICTIM DOG IT'S UP TO ME TO GO TO COURT.
>> DO I CALL YOU AND THEN ANIMAL CONTROL COMES AND IT'S ALL TAKEN CARE OF, OR DO I HAVE MORE STEPS I NEED TO TAKE?
>> I HAVE TO GO TO THE COURT AND FILE PAPERWORK?
>> IT'S UP TO THE PERSON WHO HAD THE ALTERCATION TO GO TO THE COURT AND DEAL AND MAKE THAT REPORT, IS THAT RIGHT? DO WE HELP RESIDENTS THROUGH THAT PROCESS IF IT COMES UP?
>> YES. WE GIVE THEM A COPY OF THE ORDINANCE AND ALL THE INFORMATION THAT'S REQUIRED.
>> BUT THAT'S WHAT STARTS THIS PROCESS.
>> WELL, I THINK THE ADDITIONAL PART OF THAT RESIDENT'S CONCERN WAS ALSO THE FOLLOW-UP AFTER, WHAT HAPPENS IN THE FOLLOW-UP PROCESS.
>> AFTER IT'S DECLARED DANGEROUS?
>> WE DO AN INSPECTION ANNUALLY TO MAKE SURE THEY'RE COMPLYING WITH THE KEEPING OF A DANGEROUS DOG.
>> NOW, THE POLICE, DID THE POLICE FOLLOW UP AS WELL, BESIDES ANIMAL SERVICES, EVEN THOUGH ANIMAL SERVICES IS UNDER THE POLICE, IS THERE MORE FOLLOW-UP WITH THE RESIDENT, THE OWNER?
>> WELL, I DID CALL JUST TO TALK TO THEM ABOUT IT.
THEY'RE THE ONES THAT ARE THE EXPERTS, SO THAT'S THE COURT CASE.
IF THEY DID IT ON PURPOSE TO ANOTHER PERSON, THAT WOULD BE ASSAULT, SO THEN THAT WOULD BE A POLICE CASE.
IF THE DOGS JUST GOT OUT, AND THEY DIDN'T KNOW ABOUT IT, THAT'S REALLY AN ANIMAL SERVICES DANGEROUS DOG ORDINARY.
>> I JUST DIDN'T KNOW IF THERE WAS ANY OTHER FOLLOW-UP, IF YOU ALL HAD A PROCEDURE TO DO THE FOLLOW-UP.
>> NO, I DID TELL THE CAPTAIN OVER CID JUST TO MAKE SURE HE GOT WITH ANIMAL SERVICES TO MAKE SURE
[01:30:01]
THEY DIDN'T HELP WITH AN INVESTIGATION BECAUSE THEY DO MORE INVESTIGATIONS.WE DID DO THAT, I MEAN, THAT'S NOT REQUIRED.
WE JUST DID THAT AS A LITTLE TO HELP MAKE SURE WE HAD A COURT CASE THAT WAS GOING TO WIN.
>> YEAH, I WAS JUST CURIOUS IN THE ORDINANCE, IF THERE'S ANYTHING THAT WE CAN DO FOR THE PEOPLE WHO WERE AFFECTED, IF THERE'S ANY OTHER PROCESS THAT WE CAN DO IN OUR ORDINANCE.
I DON'T KNOW IF THAT GOES BEYOND THE STATE.
IF THERE'S ANYTHING THAT WE CAN DO TO FOLLOW UP IN THE FOLLOW-UP PROCESS TO MAKE SURE THAT THERE'S NO MORE CONCERNS WITH MULTIPLE ATTACKS FROM OTHER DOGS.
>> I THINK IF WE'RE JUST TALKING ABOUT AN ADMINISTRATIVE ADJUSTMENT?
>> I DON'T KNOW THAT THAT HAS TO BE IN THE ORDINANCE, STAFF WORK FOR YOU.
>> YEAH, THAT'S WHERE I'M GOING.
>> YOU COULD HAVE A POLICY THAT SAYS, THIS IS WHAT WE DO, AND THESE ARE THE FOLLOW-UP PHONE CALLS WE MAKE, AND VISITS IN EVERY INSTANCE WHERE THERE IS A REPORT OF A DANGEROUS DOG.
>> IF THERE WERE A SITUATION, ANIMAL ON ANIMAL, AND THE AGGRESSOR DOG.
JUST SAY IT WAS SO TRAUMATIZED, I JUST CALLED 911, AND THE POLICE WOULD COME, OR THEY WOULD CALL ANIMAL SERVICES BECAUSE I'M SCARED IT'S GOING TO ATTACK ME NEXT, WHATEVER.
THEN THE DOG IS IMPOUNDED AT THAT TIME BECAUSE OF WHAT YOU WITNESS IN THE CIRCUMSTANCES, THEN YOU TAKE THE DOG AWAY.
BUT IF I THEN WANT TO PURSUE A CIVIL CASE AGAINST THE AGGRESSOR DOG, YOU ALL MIGHT PROVIDE THE POLICE REPORT OR CORROBORATING INFORMATION, SUPPORTIVE INFORMATION FOR THAT CASE AS WELL, YOU COULD BE SUBPOENAED TO TESTIFY.
>> EXACTLY. THEY WOULD JUST ASK FOR THE PAPERWORK OR WHATEVER, AND EVERYTHING WE HAVE, WE CAN GIVE TO THEM.
THEN THEY CAN SUBPOENA US TO SHOW UP AT COURT, THEY CAN SUBPOENA THE ANIMAL SERVICES OFFICERS TO SAY WHAT THEY KNOW ABOUT THESE DOGS OR THE OWNER, OR PRETTY MUCH ANYTHING THAT THE COURT WANTS TO TALK ABOUT.
>> INCLUDING ANY VIDEO YOU MIGHT TAKE, SAY, THE POLICE WEAR BODY CAMS. DO ANIMAL SERVICES ALSO? I'M OKAY, GOOD.
THERE COULD BE VIDEO EVIDENCE, POSSIBLY, IF YOU ARRIVE SOON ENOUGH AFTER A SITUATION.
>> YEAH. AS LONG AS WE KNOW YOU WANT TO PRESERVE ANY DOCUMENTS, TOO, THAT HELPS.
JUST SO WE CAN MAKE SURE THAT YOU NOTHING'S GETTING PURGED OR WHATEVER DURING PURGE PERIODS, BECAUSE SOMETIMES IT CAN BE YEARS AND YEARS AND YEARS FOR CIVIL CASE.
>> THOSE DOCUMENTS MIGHT HAVE ALREADY BEEN UP FOR DESTRUCTION, SO WE JUST NEED TO MARK THEM.
BUT THAT'S PRETTY STANDARD PROCEDURE FOR LAWYERS, THEY SENT US A LETTER PRETTY EARLY ON AND SAY, HEY, KEEP ALL THIS INFORMATION FOR US.
WE'RE GOING TO EVENTUALLY GET THE COURT PAPERS OR WHATEVER WE NEED TO GET ALL THAT STUFF GIVEN TO US, BUT BREN CAN PROBABLY ANSWER THAT A LITTLE BIT BETTER.
>> SURE. I MEAN, THAT'S RIGHT.
WE CAN GET A NOTICE TO PRESERVE EVERYTHING, AND THEN WE WOULD BE SUBPOENAED IF THEY WANT TO DO IT AFTER THEY FILE SUIT.
IF IT'S PRIOR TO FILING SUIT, THEN THEY'D FILE PUBLIC INFORMATION ACT REQUESTS.
>> THANK YOU. I DO THINK WE SHOULD HAVE STAFF COME UP WITH A SEPARATE ORDINANCE FOR ANIMAL-ON-ANIMAL.
IT SOUNDS LIKE WE HAVE A LOT MORE LEEWAY IN THAT SCENARIO, AND THAT MAY BE IF AN ANIMAL ATTACKS ANOTHER ANIMAL FIRST, SO WE CAN ADDRESS IT IMMEDIATELY, THEN WE MIGHT NOT HAVE AN ANIMAL-ON-HUMAN CASE WITH THAT SAME DANGEROUS ANIMAL NEXT TIME.
THAT'S WHAT I WOULD PREFER TO EXPLORE.
>> IF THAT'S THE DIRECTION, WE CAN CERTAINLY DO THAT.
I'VE CERTAINLY NOTED THE FACT THAT IF IT IS AN ANIMAL-ON-ANIMAL ATTACK, AND IT CAUSES THE EQUIVALENT OF SERIOUS BODILY INJURY, WE WANT TO INCORPORATE THAT INTO OUR ORDINANCES TO ALLOW THE JUDGE TO ORDER TO BE EUTHANIZED.
JUST TAKING YOUR SUGGESTION FURTHER, ARE WE ALSO INCLUDING SCENARIOS WHERE IT CAUSES BODILY INJURY TO ANOTHER ANIMAL, BUT NOT SERIOUS BODILY INJURY, AND WE WANT THE ANIMAL TO BE CALM?
>> I THINK IF IT REQUIRES EMERGENCY VETERINARY CARE, THAT COULD BE THE TRIGGER, BECAUSE IF AN ANIMAL IS BLEEDING, I DON'T THINK, I MEAN, IT COULD BE VERY MINOR, A SCRATCH.
I DON'T KNOW, BUT YOU'D HAVE A PUNCTURE WOUND INVESTIGATED BY A VET.
>> WHAT I'M SUGGESTING IS, IF WE JUST WANT TO COMPLETELY MIRROR THE REGULATIONS REGARDING DOGS THAT ATTACK HUMANS, WE WOULDN'T NEED A SEPARATE ORDINANCE TO JUST COPY WHAT'S ALREADY THERE WITH RESPECT TO SERIOUS BODILY INJURY, BUT IF WE WANT A MORE SEVERE PENALTY [OVERLAPPING]
>> THEN THAT COULD CERTAINLY BE A SURPRISE.
>> I WAS A LITTLE CONCERNED THAT A ONE-SIZE-FITS-ALL SOLUTION PROBABLY WOULD BE TOO BROAD,
[01:35:02]
BUT THE DISTINCTION OF SERIOUS BODILY INJURY WOULD INDICATE THAT THE ATTACK HAD TO BE PRETTY SERIOUS.THE CONCERNS I HAD, MAYBE LITTLE DOGS GET CAUGHT UP IN THIS, IS THEY'RE JUST NOT GOING TO GET INTO A SITUATION WHERE A SERIOUS BODILY INJURY IS A FACTOR.
THEY PROBABLY WOULDN'T RISE TO THAT LEVEL.
I THINK THAT BECAUSE I DIDN'T REALIZE THAT THE ANIMAL PORTION OF IT DIDN'T INCLUDE THE SERIOUS BODILY INJURY, WHICH EXPLAINS WHY THIS DOG HAD AN OPPORTUNITY TO BE RELEASED.
ADDING THAT MIRRORING, I THINK, MIGHT FIX THIS.
>> WOULD YOU BE OKAY WITH THE DEFINITION OF EMERGENCY VETERINARY CARE?
>> YEAH, I THINK SO. I THINK A JUDGE WOULD HAVE SOME LEEWAY TO MAKE THAT DETERMINATION, AS WE HAVE TO BE TOO PRESCRIPTIVE.
>> IF WE DEFINE WHAT SERIOUS BODILY INJURY IS, BECAUSE OBVIOUSLY, FOR TAX ON HUMANS, IT MEANS HOSPITALIZATION.
I JUST DON'T KNOW THAT THAT'S JUST COPYING IT STRAIGHT OVER MAKES SENSE.
USING YOUR PROPOSED DEFINITION OF VETERINARY CARE, ETC.
>> NOW, IF YOU THINK YOUR DOG MIGHT HAVE SOMETHING WRONG WITH IT, SO THREE DAYS LATER, YOU TAKE IT IN? NO. YOU NEED TO TAKE YOUR DOG IMMEDIATELY TO EMERGENCY VET CARE. I WOULD THINK THAT'S SERIOUS.
>> I THINK THAT SOUNDS APPROPRIATE.
I THINK THAT THERE WOULD BE AN EVIDENTIARY RECORD OF THE INJURIES THAT YOU COULD TAKE TO A COURT AND SAY, HEY, LOOK WHAT HAPPENED.
>> NOT JUST THAT YOU HAVE TO TAKE THEM, BUT IF YOU HAVE A LARGER ANIMAL, AND THE VET HAS TO COME TO YOU ON AN EMERGENCY BASIS.
>> EXACTLY. ADD THAT AS A CAVEAT, BUT ALSO, IF IT HAPPENS TO ONE OF MY DOGS, I'M NOT SURE THAT I'M GOING TO TAKE IT TO THE EMERGENCY VET IN THE MIDDLE OF THE DAY, I MIGHT TAKE IT TO MY REGULAR VET.
MAYBE EMERGENCY CARE, BUT NOT NECESSARILY IN AN EMERGENCY FACILITY.
>> I APPRECIATE THAT DISTINCTION BECAUSE YOU'RE RIGHT.
YOU COULD TAKE IT TO YOUR OWN VET ON AN EMERGENCY BASIS.
>> HOWEVER, THE LANGUAGE SHOULD BE DRAFTED TO INDICATE THOSE FACTORS.
>> IF THAT'S THE CHANGE THAT'S PROPOSED SO THAT IT REALLY MIRRORS STATE LAW WITH RESPECT TO ATTACKS ON HUMANS, I WOULDN'T RECOMMEND PULLING ALL OF THE ANIMAL REGULATIONS OUT AND CREATING AN ENTIRELY NEW ORDINANCE.
>> BUT ABOUT THE PENALTIES, THOUGH, WE CAN GO STRONGER ON THE PENALTIES.
>> THE PENALTIES ARE THE SAME, A MAXIMUM $2,000 FINE, THAT'S SET BY STATE LAW.
>> WHAT ABOUT THE FEES, WOULD IT BE THE SAME REGARDLESS?
>> WE'RE GOING TO LOOK AT THE FEES ON.
>> THE FEES ARE FOR IMPOUNDING THE DOG.
>> IT DOESN'T HAVE TO BE ASSOCIATED WITH A DANGEROUS DOG INCIDENT?
>> WELL, IT WOULD BE ASSOCIATED WITH A DANGEROUS DOG INCIDENT, BUT THE VICTIM OF THE DANGEROUS DOG WOULDN'T HAVE ANY BEARING ON WHAT FEES WE CHARGE TO HOLD IT.
>> NOW IT'S SOUNDING LIKE WE SHOULDN'T HAVE TWO SEPARATE ORDINANCES, THAT WE CAN HAVE STIFF PENALTIES IF WE HAVE IT ALL IN ONE?
>> THAT'S CORRECT. THAT WAY, EVERYTHING IS IN THE SAME LOCATION.
YOU ACTUALLY EVEN HAVE A SEPARATE SUB-CHAPTER FOR THE SERIOUS BODILY INJURY.
THAT'S THE ONLY PART WE WOULD AMEND, AND WE WOULD DO AN EQUIVALENT SCENARIO FOR DOGS THAT ATTACK ANIMALS.
WE WOULD SAY EVERYTHING ELSE FLOWS FROM THERE, INCLUDING THE ABILITY TO HAVE THE DOG EUTHANIZED IMMEDIATELY UPON ITS DECLARATION AS A DANGEROUS DOG.
>> WE KEEP TALKING ABOUT DOGS, TOO.
ARE THERE OTHER ANIMALS THAT COULD ATTACK? I DON'T REALLY KNOW, SHOULD WE KEEP IT TO ANIMAL ATTACK ON ANIMAL, OR IS, I MEAN, I BELIEVE DOG IS PROBABLY THE PREDOMINANT SITUATION, BUT WHAT IT SHOULD BE.
>> WE ARE RESTRICTED ON EXOTIC ANIMALS.
>> WE MAY HAVE REGULATIONS GOVERNING EXOTIC ANIMALS.
STATE LAW TALKS ABOUT EXOTIC ANIMALS, IF YOU'RE TALKING ABOUT SALT OR SOMETHING LIKE THAT.
BUT OTHER THAN THAT, I MEAN, I DON'T KNOW OF ANY OTHER DOMESTICATED ANIMALS THAT ATTACK THAT WOULD NECESSITATE A HEARING IN EUTHANASIA.
>> I MEAN, IN THEORY, YOU COULD HAVE A GOAT ATTACK A CHICKEN, BUT THEY'VE ALWAYS BEEN A DOG ON SOMETHING ELSE.
>> DANGEROUS GOAT, BECAUSE THEY'RE DOMESTICATED, NOT FARM ANIMALS PREDOMINANTLY.
IF IT'S A FARM ANIMAL, DO PEOPLE CALL US FOR THAT, OR THEY TAKE CARE OF IT THEMSELVES ON THEIR OWN FARM?
>> WELL, WE HAD DOGS ATTACK HORSES, BUT IF A HORSE BITES A HUMAN, WE HAVE TO QUARANTINE THE HORSE FOR 30 DAYS.
WE DO HAVE LIVESTOCK THAT HAVE BITTEN PEOPLE BEFORE, BUT IF YOU'RE TALKING ONLY ANIMAL VERSUS ANIMAL, USUALLY IT'S ALWAYS BEEN A DOG.
>> WELL, I DON'T KNOW, I'M GETTING CRAZY HERE BECAUSE I CAN THINK OF A HORSE SITUATION THAT KICKS A HUMAN BEING, AND DOES VERY SERIOUS BODILY INJURY.
>> BUT IS IT MALICIOUS LIKE THE DOG?
>> TELL ME, IS THAT RIDICULOUS, BECAUSE YOU KNOW HORSES.
>> I GUESS THE VICTIM WOULD HAVE TO BE ON THE HORSE'S PROPERTY MOST LIKELY, THOUGH.
I MEAN, IF IT'S OFF PROPERTY, I MEAN, IT MAY STILL APPLY.
>> A HORSE ISN'T GOING TO GO SEEK OUT SOMEBODY TO GO KICK, EITHER.
>> IT IS SOMETIMES USUALLY PROVOKED.
[01:40:03]
>> BEFORE WE GO TOO FAR DOWN THE ROAD, I'LL JUST POINT OUT THAT THE AGENDA ITEMS ONLY FOR DOGS.
>> THANK YOU, I APPRECIATE THAT.
>> THANK YOU. IT IS A DANGEROUS DOG AUDIENCE.
>> ANYTHING ELSE WE NEED TO ADD?
>> IS THE STAFF CLEAR ENOUGH QUICKLY?
>> I HAVE A QUICK QUESTION FOR BREN?
>> IF WE HAVE THE ORDINANCE WHERE IT COULD BE IMMEDIATE EUTHANIZED, THE DOG THAT GOES BEFORE THE JUDGE FOR THAT TO BE ORDERED, IS THAT CORRECT, OR THAT'S NOT AN AUTOMATIC EUTHANIZATION, IS IT?
>> IT IS NOT. THAT GOES BEFORE THE JUDGE, THAT'S CORRECT.
THERE IS AN APPEAL PERIOD, IN OTHER WORDS, THE COURT COULD ORDER THE EUTHANIZATION OF THE DOG, BUT IT JUST DOESN'T HAPPEN OVERNIGHT.
THERE'S DUE PROCESS INVOLVED, AND IF SOMEONE WANTS TO CHALLENGE THE JUDGE'S RULING AND APPEAL IT TO THE COUNTY COURT, THEY HAVE THAT RIGHT AS WELL.
>> WERE WE GOING TO PUT SOMETHING ON THE REPEAT OFFENDER ISSUE IN THE ORDINANCE?
>> I'M HAPPY TO RESEARCH THAT ONCE AGAIN.
IT'S JUST DIFFICULT TO SAY YOU'VE COMMITTED A CRIMINAL OFFENSE BECAUSE YOU DIDN'T KNOW YOUR OTHER DOG WOULD BE DANGEROUS.
IT'S JUST TRICKY, I'M HAPPY TO SPEND SOME TIME RESEARCHING IT, BUT [OVERLAPPING] TYPICALLY, YOU HAVE TO HAVE SOME KNOWLEDGE ABOUT THAT DOG.
>> YEAH, WITH SOMEBODY WITH A BUSINESS OF BREEDING, THAT WOULD BE GOOD TO KNOW, AND THEN THE FEES WE'LL TALK ABOUT ON THURSDAY.
>> JUST TO CLARIFY THAT, WELL, BEFORE I DO THAT, LET ME JUST RECAP THE DIRECTION AT THAT JUST TO MAKE SURE WE'RE ALL ON THE SAME PAGE.
WE TALKED ABOUT SEPARATING THE ORDINANCE, AND WE'RE CLEARLY BIFURCATING ANIMAL AND HUMAN IN THE ORDINANCE, AND CREATING THAT SERIOUSLY BODILY HARM, WE'RE GOING TO CREATE THAT THRESHOLD OF EMERGENCY VETERINARY CARE.
I THINK WHAT YOU BROUGHT UP, DEPUTY MAYOR PRO TEM SHE STILL IN SIMPLIFIES IT A BIT, MAKES IT A LITTLE LESS COMPLICATED BECAUSE YOU HAVE A CONSISTENT THRESHOLD ON BOTH SIDES OF THE EQUATION.
WE CAN PUT THAT TOGETHER AS FAR AS ADMINISTRATIVE GOES, WE CAN LOOK AT THAT COMMUNICATION PIECE, AND JUST WORK ON THAT ADMINISTRATIVELY.
JUST AS FAR AS TIME, THAT'S ASSOCIATED WITH THIS, I MEAN, OBVIOUSLY, WE'LL PUT THINGS TOGETHER, WE'LL WORK WITH BREN AND HIS OFFICE TO FIGURE OUT WHAT THAT TURNAROUND IS.
I THINK THAT BECAUSE SEPTEMBER 15TH IS GOING TO BE THE BUDGET ADOPTION, THAT'S GOING TO TAKE UP MOST OF THE AGENDA, WE CAN WORK AND TARGET EITHER THAT FIRST MEETING IN OCTOBER, WHICH IS THE 16TH, OR WAS TWO WEEKS FROM THAT 20TH.
EXCUSE ME, OCTOBER 6TH IS THE FIRST MEETING, THE 20TH, THE SECOND MEETING.
ONE OF THOSE TWO MEETINGS, WE COULD TARGET TO BRING THAT BACK.
AS FAR AS THE FEES ARE CONCERNED, I WANT TO MAKE SURE THAT I'M CLEAR, IS THAT RIGHT NOW, WHAT WE TALKED ABOUT WITH SOME OF YOU IN THE BUDGET DISCUSSIONS IS THAT IN SOME CITIES, YOU DO A COMPREHENSIVE FEE ANALYSIS AND APPROVAL WITH THE ADOPTION OF THE BUDGET? WE DON'T DO THAT. RIGHT NOW, WE LOOK AT FEES AT THE DIRECTION OF THE COUNCIL.
WE'RE NOT IN A POSITION TO LOOK AND ADJUST ANY FEES GOING INTO THE FISCAL YEAR.
OBVIOUSLY, WE CAN DO IT LATER AT A LATER DATE.
FOR SURE, THAT'S SOMETHING THAT WE CAN ADOPT IN THE FUTURE.
I WANT TO BE CLEAR. WE CAN TALK ABOUT FEES AND DIRECTION AT THAT POINT, BUT WE'RE NOT IN A POSITION TO ADOPT A NEW FEE ON THURSDAY, BECAUSE WE HAVEN'T DONE THE ANALYSIS TO DETERMINE WHERE THAT NUMBER LIES, BUT BASED UPON THE CONVERSATIONS WE'VE HAD ON OTHER FEES, WE RECOGNIZE GOING IN THE NEXT FISCAL YEAR, WE'RE GOING TO HAVE TO TAKE A COMPREHENSIVE LOOK.
I'M WORKING WITH JOHN ON THAT.
I JUST WANTED TO CLARIFY THAT WE WON'T BE IN A POSITION ON THURSDAY TO SAY, THE FEE IS $25 NOW, WE'RE GOING TO SET IT AT 40.
THAT'S JUST NOT ENOUGH TIME FOR US TO DO THE ANALYSIS TO MOVE IT, BUT HEARING YOUR DIRECTION, WE'LL CERTAINLY DO THAT IN ADDITION TO LOOKING AT ALL OF OUR OTHER FEES GOING IN THE NEXT FISCAL YEAR.
>> JUST FOR THE PUBLIC BENEFIT AS WELL, THE REASON WHY WE CAN'T ARBITRARILY SET THE FEE IS STATE LAW PROHIBITS CITIES FROM GENERATING REVENUE OFF OF FEES.
THEY CAN ONLY BE SET AN AMOUNT THAT RECOUPS THE ADMINISTRATIVE EXPENSE INCURRED.
>> IF WE'RE LOOKING AT ADOPTING THE LANGUAGE OF A POTENTIALLY MODIFIED ORDINANCE IN OCTOBER, WILL THAT BE SOON ENOUGH TO HAVE THAT FEE ANALYSIS JUST FOR THE IMPOUNDMENT?
>> THAT I DON'T KNOW UNTIL I HAVE THE OPPORTUNITY TO SIT DOWN, POTENTIALLY, BECAUSE THERE'S SEVERAL DIFFERENT APPROACHES YOU CAN TAKE WHEN YOU COME TO SETTING FEES.
YOU CAN BRING IN A CONSULTANT TO COME IN AND DO EVERYTHING COMPREHENSIVELY.
YOU CAN DO IT ADMINISTRATIVELY, TOO.
IT'S JUST A MATTER OF HOW MUCH TIME AND BANDWIDTH YOU HAVE TO GO IN AND DO IT.
I DON'T KNOW WHAT I DON'T KNOW.
CERTAINLY SOMETHING THAT WE CAN TAKE A LOOK AT, AND THEN WHEN WE COME FORWARD, WE CAN GIVE YOU A BETTER SENSE OF THE WINDOW FOR US TO BE ABLE TO FEEL CONFIDENT IN OUR ABILITY TO ADOPT AN ORDINANCE THAT MEETS ALL THE PARAMETERS THAT BREN.
[01:45:01]
>> THANK YOU. AGAIN, DO STAFF, AT THIS POINT, THOUGH, CHRISTINE, DID YOU HAVE ANY OTHER CONCERNS ABOUT THE LANGUAGE OR ANYTHING THAT WE SHOULD GIVE DIRECTION ON REGARDING THESE ORDINANCES?
>> WELL, WHAT IS YOUR GOAL? I MEAN, YOUR GOAL IS TO STRENGTHEN ANIMAL VERSUS ANIMAL.
THEN, TO ME, I MEAN, I DON'T KNOW THE LEGALITY OF IT, BUT IT'S MAKING IT WHERE WE CAN EUTHANIZE THE DOG.
>> THANK YOU. BLAKE, THANKS FOR THE PRESENTATION.
THANK YOU, CHIEF KUAN, THANK YOU, CHRISTINE.
I THINK WE'VE MOVED ON FROM THAT ONE.
[N. CLOSED MEETING (Part 2 of 2)]
THE TIME IS NOW 8:49, TOWN COUNCIL WILL CONVENE INTO CLOSED SESSION AGAIN, PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 551, SECTIONS 071, 072, 074, AND 087.[O. RECONVENE (Part 2 of 2)]
WE ARE RECONVENING INTO OPEN SESSION.IT IS NOW 9:50 RECONVENING, AND THERE IS NO ACTION TO BE TAKEN AS A RESULT OF THE CLOSED SESSION.
AT THIS TIME, AT 9:50 P.M, THIS MEETING IS ADJOURNED. GOOD NIGHT, FLOWERMOUND.
* This transcript was compiled from uncorrected Closed Captioning.