Hawk Cove City Council Meeting 6/17/25
0:00:00 Speaker: I'm sure you'll know it.
0:00:06 Speaker: Okay, Ms. [name], City
0:00:08 Speaker: Council meeting, hot co -city call,
0:00:11 Speaker: June 17th, 2025. We'll come to order at 6 .39 p .m. Roll call. Thank you, minority. [name]. [name]. Here. [name]. Here. [name]
0:00:25 City Attorney: [name]. It's not present.
0:00:33 Speaker: Okay?
0:00:54 Speaker: We pray for your guidance, your wisdom, and all of the gifts that we would keep in mind that each of us are here for our community.
0:01:15 Speaker: We stand, and we know you have to proclaim your allegiance.
0:01:19 Speaker: I pledge allegiance to the flag of the United
0:01:23 Speaker: States
0:01:23 Speaker: of America,
0:01:25 Speaker: and to the Republic
0:01:25 Speaker: for which it stands, one nation, under God, indivisible, with liberty and justice for all.
0:01:35 Speaker: No,
0:01:48 Speaker: ma
0:01:48 Speaker: 'am.
0:01:56 Speaker: There are no public comments.
0:01:57 Speaker: There are no
0:01:58 Speaker: public comments. Okay.
0:02:00 Speaker: Seven new businesses received wastewater and public works reports and our report. There's no
0:02:07 Speaker: action taken on this and
0:02:08 Speaker: we have our reports in our hands. Do we have any questions on any of these reports?
0:02:27 Speaker: No lib stations now this time? I'll call it out some at the moment,
0:02:33 Speaker: and then
0:02:33 Speaker: I'll use the command now. Okay.
0:02:40 Speaker: Council, any questions?
0:02:45 Speaker: Okay, moving on. I believe you see U .S. D .A. and S .A .U. update. No action on this one either. At the USDA meeting this week on June
0:02:56 City Attorney: the
0:02:56 Speaker: 10th, 20 .5,
0:03:00 Speaker: My name is [name], and he had said that he had everything he needed from the city.
0:03:07 Speaker: We're working on the bond
0:03:08 Speaker: thing right
0:03:09 Speaker: now that's
0:03:10 Speaker: still
0:03:10 Speaker: up
0:03:11 Speaker: in the air,
0:03:12 Speaker: and we also did not receive the numbers
0:03:14 Speaker: from
0:03:14 Speaker: them
0:03:16 Speaker: yet on
0:03:17 Speaker: the exact amounts.
0:03:25 Speaker: She said he is
0:03:26 Speaker: submitting views and next week would be this week and it was a very short meeting. We will not be having a meeting on the 8th of July because Mr. [name] will not be available on the 8th.
0:03:52 Speaker: Oh, not until the 8th, sorry, on July.
0:03:58 Speaker: I think that's all I have on
0:03:59 Speaker: my notes. Do you have anything on your notes?
0:04:18 Speaker: I don't know if we're going to make it and I don't know what's going to happen if we don't
0:04:33 Speaker: I'm also concerned
0:04:34 Speaker: about
0:04:34 Speaker: budget and tax season coming up and those numbers
0:04:38 Speaker: still being out. But at this point in time, like the Mayor said,
0:04:44 Speaker: we've turned in everything that they've asked for.
0:04:48 Speaker: I ask them specifically,
0:04:49 Speaker: have you had
0:04:49 Speaker: any other things?
0:04:51 Speaker: Anything that's outstanding? And any additional things?
0:04:55 Speaker: I think the only thing that they asked for would be 5 to 24.
0:04:59 Speaker: You can have an update from anything that we have on the block. That's what you're trying to do. And then on the,
0:05:11 Speaker: you can apply this to it,
0:05:13 Speaker: too,
0:05:13 Speaker: because documents
0:05:14 Speaker: don't see it.
0:05:16 Speaker: It's going to be the same basic thing that you got
0:05:18 Speaker: last time. This came from the USDA. [name] was kind of undertaken and put it into
0:05:24 Speaker: a
0:05:24 Speaker: spreadsheet,
0:05:26 Speaker: which
0:05:27 Speaker: looks very nice,
0:05:28 Speaker: by the way, better than mine.
0:05:30 Speaker: The last page on there
0:05:32 Speaker: is the only numbers
0:05:34 Speaker: that
0:05:34 Speaker: we
0:05:35 Speaker: did anything to. And you'll see where it
0:05:38 Speaker: shows
0:05:39 Speaker: the
0:05:40 Speaker: totals
0:05:41 Speaker: that were paid
0:05:41 Speaker: and the total interest that was paid.
0:05:44 Speaker: And then it shows the
0:05:45 Speaker: interest and
0:05:46 Speaker: principal
0:05:47 Speaker: both paid. That means that from 2007
0:05:51 Speaker: to January 1 of 2025,
0:05:54 Speaker: The
0:05:55 Speaker: city of [name] has paid the
0:05:57 Speaker: USDA
0:05:57 Speaker: $899 ,493
0:06:01 Speaker: .13.
0:06:07 City Attorney: I would have
0:06:08 Speaker: that, I would have 63 ,200, 836 ,293 .13 cents
0:06:16 Speaker: in interest.
0:06:19 Speaker: Right. So if anybody could get your calculator down.
0:06:23 Speaker: This is a calculator from where?
0:06:25 Speaker: We have
0:06:26 Speaker: a calculator over there.
0:06:27 Speaker: From the numbers that USDA gave you.
0:06:29 Speaker: From the
0:06:29 Speaker: numbers that USDA
0:06:30 Speaker: gave you.
0:06:31 Speaker: We can summarize that. This is where
0:06:32 Speaker: he comes
0:06:32 Speaker: from?
0:06:33 Speaker: This is where he came from
0:06:34 Speaker: USDA? Yeah,
0:06:35 Speaker: all that kind of things.
0:06:38 Speaker: She just put it into a
0:06:40 Speaker: spreadsheet I
0:06:41 Speaker: didn't even read, but you
0:06:42 Speaker: have
0:06:42 Speaker: from your class
0:06:45 Speaker: record session
0:06:46 Speaker: document that I provided to you that all the 10, all the yellow,
0:06:50 Speaker: how about us?
0:06:51 Speaker: And again,
0:06:52 Speaker: that's something
0:06:52 Speaker: that you have to
0:06:53 Speaker: pay attention to.
0:06:54 Speaker: We don't have an answer, but
0:06:55 Speaker: we are seeking an answer
0:06:57 Speaker: on
0:06:58 Speaker: those numbers
0:06:59 Speaker: and
0:07:00 Speaker: why, and
0:07:01 Speaker: it's again on these sheets. to re -antipodel these sheets.
0:07:05 Speaker: The date that the
0:07:06 Speaker: payment was made
0:07:07 Speaker: versus
0:07:08 Speaker: the date that the payment was processed.
0:07:11 Speaker: In some cases, that was as long
0:07:13 Speaker: as a couple of months.
0:07:14 Speaker: So we don't know because of the information that they provided
0:07:18 Speaker: for us
0:07:18 Speaker: that they
0:07:19 Speaker: penalized us
0:07:20 Speaker: by charging us interest
0:07:21 Speaker: for that
0:07:22 Speaker: conference. We don't know the answer.
0:07:24 Speaker: We can't say they
0:07:24 Speaker: did, but we
0:07:25 Speaker: also can't say they
0:07:26 Speaker: didn't because we don't know until we've come back from them.
0:07:30 Speaker: We're still stuck with the same questions like we had
0:07:33 Speaker: when we were here last month.
0:07:37 Speaker: We're here.
0:07:40 Speaker: Yes, we did.
0:07:49 Speaker: So, you said 63 ,000 what?
0:07:52 Speaker: She said something like, show the last page.
0:07:57 Speaker: Show the
0:07:58 Speaker: last
0:08:03 Speaker: page.
0:08:18 Speaker: Yeah, from 2007
0:08:19 Speaker: to
0:08:20 Speaker: January 1 of
0:08:20 Speaker: 2017 and if you look,
0:08:23 Speaker: I'll do a
0:08:23 Speaker: sheet, January 15th,
0:08:33 Speaker: and Yeah,
0:08:34 Speaker: it's kind of backwards
0:08:36 Speaker: because it starts at the bottom as opposed to starting at the top and going down. So it's looking at your last payments and going down the line.
0:08:47 Speaker: But like I said,
0:08:49 Speaker: feel
0:08:49 Speaker: free
0:08:51 Speaker: to
0:08:51 Speaker: cover those numbers yourself. There's something else that
0:08:56 Speaker: [name] made a note of.
0:08:58 Speaker: there were several things in here where it's a pay scope, delinquent interest, some where they
0:09:06 Speaker: removed
0:09:07 Speaker: them and re -applied the numbers.
0:09:10 Speaker: We had no idea
0:09:11 Speaker: what that was about, what happened,
0:09:13 Speaker: we just don't know.
0:09:15 Speaker: Well, there were returned things, the piece of paper.
0:09:18 Speaker: We don't know.
0:09:58 Speaker: that's what we've asked for on the waiting on exactly so
0:10:23 Speaker: I know the numbers will
0:10:24 Speaker: change a lot,
0:10:25 Speaker: but we're just
0:10:26 Speaker: not
0:10:27 Speaker: going to provide it before
0:10:28 Speaker: I'll tell you what the inside of it is.
0:10:30 Speaker: We did have
0:10:30 Speaker: the same
0:10:31 Speaker: over an ounce. [name].
0:10:33 Speaker: I think the stuff that came
0:10:34 Speaker: from the USDA and I was just...
0:10:37 Speaker: So... The amount of amounts were
0:10:39 Speaker: what they...
0:10:40 Speaker: I
0:10:40 Speaker: think
0:10:41 Speaker: it's
0:10:43 Speaker: really sad, so much of that was interest, interest, over $800 ,000 was interest, and only $63 ,000.
0:11:02 Speaker: Okay,
0:11:05 Speaker: so hopefully we're turning this around.
0:11:12 Speaker: Yes.
0:11:16 Speaker: Anyone else else
0:11:17 Speaker: have any questions about this?
0:11:57 Speaker: Okay, we're going to move on to item C,
0:12:01 Speaker: C -U -S -D -A -N -S -A -U update from the city attorney, no action.
0:12:07 City Attorney: Okay, so what we have is, we have an outstanding FOIA request from - Could
0:12:16 Speaker: you please stand so we can -
0:12:17 City Attorney: We have an outstanding FOIA request from April, the beginning of April, to the USDA because this spreadsheet doesn't give us running balances, doesn't give us specific applications of interest, it doesn't give us the detailed history screen for the transactions, which is noted at the bottom of each segment. You'll notice that the segments are broken out by year. Some of those, like for example, if we were to go to the third page now. And you'll see that it starts with 2013, but over on the right hand side it says more. So those appear to be, that appears to have more information than what we were given. What I did to compile this is I took the item that USDA sent, which was a PDF, and I exported it to XLS. S, it did not do a very nice job of exporting, but it did make it possible for me to go through section by section and pick that up and put it in a separate XLS sheet, which is what you all have, a separate XLS workbook. Then I went back and double checked dates and amounts and that sort of thing three or four times just to make sure because it was a mess when I was working there. So, as I did that, I came across a bunch of things that really kind of, they don't sit well with me. I am not a mathematician. I cannot add without a calculator. I don't have a problem with the fact that I can't add without a calculator, a calculator is much more accurate than I am.
0:14:25 City Attorney: But I was, I do know how to make a spreadsheet talk. And in doing this, I don't get it. Again, looking at the third page. Delinquent interest. But if it's interest paid, it should just be interest paid. why is it now delinquent interest? Because city's been paying interest all along. Why is it now turned delinquent interest? You'll see delinquent interest again toward the bottom of that page. That's 2013. That's in 2013, right?
0:15:08 Speaker: And at the very bottom
0:15:09 Speaker: of that 47 ,000 is actually supposed to be a no -payment. It's supposed to go on the principle. Well,
0:15:16 City Attorney: if it was not a payment against outstanding interest, yes. If it was a payment against outstanding interest, it's in the right place. But that's an amazing amount of outstanding interest.
0:15:31 City Attorney: And yet, remember that in 2012,
0:15:41 City Attorney: In 2009, 2010, and 2012, there sure wasn't a bunch of payments made, all right? There were substantial amounts in payments made, but it wasn't the running 1800 month. So, it's possible, I suppose, that that 47
0:16:06 Speaker: ,854
0:16:07 Speaker: would
0:16:08 City Attorney: be attributable to interest. I don't know until we get the FOIA request back, because that's supposed to have everything compiled into college, including a running balance. I have a few other questions about it. a number of questions centered on when the E
0:16:30 Speaker: -F
0:16:31 Speaker: -V
0:16:31 Speaker: -D
0:16:32 Speaker: -T column, which I'm reading as effective date. That's the effective date that something happened. Well, then you compare it with the P -R -C -D -T, which to me means process date, all right? And then a bunch of those places, I've got questions about why didn't it take more than two days? Why so many times are the dates, the same date, why so many times are they different? And was the city being charged interest during that time, all right? Being charged on the effective amount. We don't know until we get to FOIA.
0:17:21 City Attorney: Some other interesting comments that I have are, we get down to,
0:17:30 City Attorney: go down to 2017. You're about five pages in, six pages maybe.
0:17:46 City Attorney: Now remember, they start at the bottom and go up. So at the top of the next page, 2017 continues. We
0:17:57 City Attorney: start with January, and there's a series of payments made, and they go up to 415 of 17. However, there's a, on the next page for 2017, which is turning your pages backwards, there's a payment reversal. Why? Was there an NSF? We don't know. We don't know that information and then there's a payment reapplied and then there's a payment uncollectible and then there's another payment uncollectible. We need to know that information. The only way I can see us getting that information is K, the FOIA request, which should
0:18:50 Speaker: be the easy way or be
0:18:53 City Attorney: going back through the city's bank records and accounts and trying to figure out from the bank records what the bank records show. [name], these questions are unanswered.
0:19:13 City Attorney: [name], so let's go to 2019 and
0:19:19 City Attorney: that one gives a big mess.
0:19:31 City Attorney: We're getting uncollectibles, we're getting delinquent interest. Those things are, in my mind, they need to be answered.
0:19:42 City Attorney: I don't think that we're going to get answers from this AU. I think that that situation is a bit adversarial, and that [name] is not inclined to do that. He's focused on pushing the city through this re -amortization. I think he's getting that pressure from above himself. I understand that. Still, these are questions that
0:20:07 Speaker: should be answered.
0:20:10 Speaker: So we're on 2019.
0:20:14 Speaker: There were a couple of other very
0:20:16 Speaker: interesting
0:20:16 Speaker: features where
0:20:21 Speaker: amounts appeared twice.
0:20:28 City Attorney: So let's look at 2014, about 4, 13, 4 pages. Top of the page is 2014.
0:20:39 City Attorney: Bottom of the page is 2014 continues. So we've got 1036, 6, 1036, 8, 7 at the bottom on the page showing a payment on the note and then we're showing them now that $763 .13 as going to the interest.
0:21:07 City Attorney: And right beneath them, you're going to see a $24 ,000 payment on the note, okay? Half of February 18th, March 15th, March 15th, and all that. Let's go up above. We're seeing 2018, February 18th of 2014, $24 ,000 payment. Delinquent interest then of 1 ,036 .87 and payment on the note of 763 .13. How did that happen? Those are the same dates. They are the same amounts. They're categorized differently.
0:21:49 Speaker: And they don't make sense.
0:21:52 City Attorney: So, can I tell you that the figures at the last page where the interest paid and the principal paid, those figures are correct. They're only correct in so far as the spreadsheet because the computer did the calculations. They're not necessarily correct in so far as USDA
0:22:12 Speaker: is reporting to us. Well,
0:22:33 City Attorney: I suppose it is possible as a theoretical concept, because I can't run a balance off of these figures can't make them make sense. There's no way I can make them make sense. But as a theoretical situation, think about 2012, 2013, back there where there were a few payments made during those years. Okay, we've had about three, maybe four years in which the city did not make $24 ,400 every six months plus $1 ,800 every month. So that was not happening. During that time, that principal balance is still going to grow interest. And according to most agreements of this nature, when a payment comes in, the first thing it gets paid is the outstanding interest, however much you can. And then if there's anything left over, once all of the outstanding interest is paid, then it applies to the person.
0:23:44 Speaker: But
0:23:45 Speaker: is that interest
0:23:45 Speaker: daily or monthly?
0:23:48 Speaker: The interest is accumulating daily. And you'll see the interest column, I -N -T -R -T?
0:23:57 Speaker: Yeah, I
0:23:57 Speaker: see that in the green.
0:23:59 Speaker: Okay,
0:24:01 Speaker: so let's go back when this started. First page, 2007. The control amounts, the cash advances, you okay? Those all appear to be money that the USDA paid as this construction project progressed and required payments for work that was done, okay? I have no understanding of why there is a $5 ,300, dollar five thousand three twenty six eleven interest payment on it on August 15th of 07 it's possible I don't have the record but it's possible USDA said hey y 'all have accumulated two four six seven eight about nine hundred thousand dollars in things that we've paid you need to make an interest payment.
0:25:07 Speaker: It's possible. Do I know? No.
0:25:11 City Attorney: But it would make sense that at some point I'm thinking the interest began and accruing with a hundred and two thousand dollar payment on February 15th. And then I think that interest were to be done with that figure on that date would have continued to accumulate and be added to as these other cash advances were made on the on the water wastewater system project. That's what I'm thinking.
0:25:49 Speaker: Do I know?
0:25:52 City Attorney: Can't answer it but my limited amount of accounting from college Um, where I use the calculator a lot. Um, my limited amount of accounting makes those suggestions.
0:26:07 Speaker: So, we just
0:26:08 Speaker: don't know.
0:26:10 Speaker: Have you requested a
0:26:11 Speaker: legend code
0:26:12 Speaker: listing
0:26:14 Speaker: of what all, what all other codes name for? No, I have not. That would be helpful if we had that. And then we would better know how we're
0:26:24 Speaker: applying this
0:26:25 Speaker: because
0:26:25 Speaker: Obviously the 50 -320
0:26:27 Speaker: section has
0:26:28 Speaker: pointed out from
0:26:29 Speaker: 8 -27. I have a status card. Or along the 11th and
0:26:37 Speaker: 17th or 10th or more. From everything that I have seen, 1A is the first annual large payment. This is supposed to be made. 2A is the second large payment that is supposed to be made. I. F. appears to be funding. One now appears to be funding.
0:27:00 Speaker: All the cash advances comes to one million five hundred dollars.
0:27:05 Speaker: Okay. And there's the loan.
0:27:08 Speaker: There's the loan.
0:27:24 Speaker: We're being
0:27:25 Speaker: rushed and come along to
0:27:27 Speaker: know if as
0:27:28 Speaker: a mom they're
0:27:28 Speaker: not given
0:27:29 Speaker: what we need to do.
0:27:31 Speaker: Right.
0:27:33 Speaker: We need to be able to vet the law. I suppose it might be possible for someone on the finance team to take these figures and start applying the interest it shows. The spreadsheet has been sent to the finance team in spreadsheet format. So if they want to go with additional columns off the sign and start trying to figure out what that interest is, That's a potential, but something perhaps someone on the finance team would be able to do. Since I just produced this Monday, obviously they must get
0:28:12 Speaker: it. Yeah, it's going to take a hot minute.
0:28:13 Speaker: Yeah, they haven't had a chance to swing at it yet.
0:28:18 Speaker: We're just sitting here in the last 30
0:28:20 Speaker: minutes, and we're getting more confused with the numbers.
0:28:25 City Attorney: Well, I think the numbers make sense.
0:28:30 City Attorney: The numbers make sense. what we can't do is vet them we cannot verify them so that's in my mind that's the problem.
0:29:05 Speaker: a workout agreement in
0:29:09 Speaker: February
0:29:10 Speaker: of 2013
0:29:11 Speaker: and so because if you'll notice all the previous times we're not seeing those $1 ,800 payments.
0:29:19 Speaker: We're not seeing that until 2013. And I don't love that for a
0:29:24 Speaker: fact. The settlers were supposed to pay the 1 ,800
0:29:27 Speaker: a month along with
0:29:29 Speaker: them all the
0:29:30 Speaker: regular payments. [name] that,
0:29:34 Speaker: the 1
0:29:34 Speaker: ,800 was just
0:29:37 Speaker: going strictly
0:29:38 Speaker: on the interest.
0:29:40 Speaker: That's all
0:29:41 Speaker: that was going on.
0:29:42 Speaker: That's all.
0:29:42 Speaker: To keep the interest from getting as high. Did anybody get
0:29:45 Speaker: high? This is for you.
0:29:49 Speaker: Okay, any other questions on the spreadsheet or discussion for the moment? I've got a couple other points.
0:29:59 City Attorney: Okay. So the next thing is,
0:30:04 City Attorney: we're under the September 30th deadline to have the closing on reamortization, but may also be referred to as refunding. funding again.
0:30:21 City Attorney: In that vein, we have, this council has determined to choose bond counsel and
0:30:28 Speaker: we think in
0:30:28 Speaker: communication with bond counsel.
0:30:31 City Attorney: He's got a lot of work to do and he's a little upset and confused because USDA, according to him, in his practice, to find his experience, and mind you, he also was an assistant city attorney down in [name], okay, for the city of [name]. So he's familiar with these processes. He's a little unhappy because typically USDA provides a written proposal. They have not. They have, in fact, refused to, and said they were not to. And then the next
0:31:16 Speaker: meeting, he said no, but they're right. Yeah, I remember that argument.
0:31:20 City Attorney: Yeah, I remember that argument. Okay, so the bond counsel told me about that, yet he is doing his best to come forward, okay, and try and bring this thing to a point where counsel can make some decisions. In that vein, we will be going to executive session, we will be going to executive session to review a rough draft, and it's a long
0:31:55 Speaker: one, okay? I
0:31:57 City Attorney: know. We did this last week. We're sorry. Yeah, we apologize in advance. Please don't kill a messenger. We're doing our best we can to bring it to you. The bond counsel is really working for us, and he's working hard. and he's really making an effort.
0:32:20 City Attorney: In that vein, however, [name] of Special Assets Unit has said, he's not going to be available for our typical meeting on next Tuesday.
0:32:38 City Attorney: He did, however, tell [name] and I that I am to produce to him a statement of status where we are with phone counseling.
0:32:55 Speaker: Not later than the 24th.
0:32:57 City Attorney: The 24th, which would be our regularly scheduled meeting. Right. Also, in our last meeting, as you were told, the next scheduled meeting with Special Assets Unit, or SAU I referred to, will be July 8th. There's a difficulty with him having just chosen and told us that it's going to be July 8 because the City Administrator has mandatory obligations that prevent her from being able to attend at any time that week.
0:33:40 Speaker: And he knew that? No.
0:33:43 City Attorney: I don't think he knew it at the time. We have advised him of it. The next thing that he did was promptly Wednesday morning. Yeah, I didn't get to go over it.
0:34:01 City Attorney: Probably Wednesday morning, which I didn't get to go over because I was important. Wednesday afternoon and so on. Working with the financial team in the morning. But Mr. [name] said, we're going to have a site visit. We're going to have somebody come down, and you can use this as the opportunity to tell her about your progress and your challenges.
0:34:34 City Attorney: Basically, the one that you wanted to do it today,
0:34:41 City Attorney: This afternoon, not this evening, but this afternoon.
0:34:46 Speaker: Well, that was the morning. That was the morning.
0:34:50 Speaker: I mean, a certain
0:34:51 Speaker: amount of time.
0:34:52 Speaker: Wednesday
0:34:53 Speaker: morning,
0:34:56 Speaker: now remember, I
0:34:57 Speaker: didn't know anything about it.
0:34:59 Speaker: Remember, city's office hours are Monday, Tuesday, and Wednesday 9 to 5.
0:35:05 Speaker: He knows this.
0:35:06 City Attorney: He knows this, we've told him out of the comment box, and we've reminded him, and we're the courteous and
0:35:12 Speaker: gentle about it, but we, you know,
0:35:14 City Attorney: let him know. So he comes along and says, Wednesday morning, he says out this email to me, and excludes the city administrator from the email, sends it to [name], Mayor [name], me, think [name] got one. Okay. And two people at SAU. One of which is the person who is supposed to come down.
0:35:46 Speaker: And we
0:35:47 Speaker: don't
0:35:48 Speaker: know
0:35:49 Speaker: who it is. We're never better. No introduction. You can have a site visit. And so, [name] did ask, you know, what time would be convenient or whatever. or something similar to that. I didn't know the city administrator had not received it.
0:36:09 Speaker: I didn't ask him what
0:36:11 Speaker: I'm going to do, and
0:36:11 Speaker: I probably
0:36:12 Speaker: would. Yeah,
0:36:13 Speaker: so this is yesterday morning now. I didn't get to see that. I didn't get to totally review it until Wednesday evening after City [name].
0:36:26 City Attorney: So then Monday morning, I'm on the phone with the city administrator and hey what do you want to do about this and she's all about what I said got an email from by pain and I have a site visit here tomorrow at the city she says we can't possibly do that we have council meeting tomorrow night I'll
0:36:49 Speaker: just do this
0:36:50 Speaker: y
0:36:51 Speaker: 'all go ahead here a minute
0:36:52 Speaker: all
0:36:53 Speaker: right so She's trying to get everything found, compiled, and copied so that everybody gets what they need for tonight's meeting. And so she says, I
0:37:06 Speaker: can't
0:37:07 Speaker: do it.
0:37:09 City Attorney: So I wrote back, and I think I was pretty courteous, but I pointed out to him that he failed to make sure city administrator had a copy, and that between the conflicts in my calendar, because I don't work, I don't have an office in the city, I have an office that I work from. So between my calendar conflicts and the things that are going on for the city, getting ready for tonight's council meeting, and other things that said, you know, we cannot extend the hospitality to this person tomorrow.
0:37:47 City Attorney: Please choose another day and time, allowing the city at least three business days to city business days so that we can we can coordinate that and by the way please let us know what are the topics of progress and challenges that you want us to address for the site
0:38:23 City Attorney: following that. We got an email back from him late yesterday afternoon, last night. He's almost seven o 'clock. Yeah, outside of hours. So, I'm not going to see him until this morning. Then he says, oh, no future site visits will be necessary.
0:38:45 City Attorney: You know, when I was a kid, I had a doll, alright, it was a fabric doll, it was sewing together with stuffing in it. And I dripped that doll around all over the place, ran it through mud, you know, and that's what I feel like it's happening to the city right now.
0:39:10 City Attorney: So, I don't want to take the whole lot of your time with the rest of this because we're going to be an executive.
0:39:16 Speaker: But, I'm on the record.
0:39:19 City Attorney: Let me all note, this is what has been happening. This is the situation we are in. The FOIA request is still stuck in processing. I had nothing other than the second email that basically said we're having a specialist look at it to determine the materials. I haven't had anything since
0:39:38 Speaker: then.
0:39:39 Speaker: I have
0:39:39 City Attorney: looked for a phone number. If I reach somebody, that's not available.
0:39:47 City Attorney: So the only thing I can do is email the FOIA department and explain the exigency of the city's needs to have that information.
0:39:59 Speaker: The
0:40:00 Speaker: document that
0:40:00 Speaker: you guys have that
0:40:01 Speaker: we got from them,
0:40:03 Speaker: I requested it from [name].
0:40:06 Speaker: I said, we need to look at the numbers. We need to look at,
0:40:10 Speaker: you know, because you're sending us these
0:40:11 Speaker: letters intermittently
0:40:12 Speaker: over the course of time. So we should know the numbers should
0:40:16 Speaker: come high.
0:40:17 Speaker: And what he told
0:40:18 Speaker: me is, remember why this
0:40:20 Speaker: is coming from
0:40:21 Speaker: an antiquated system. And I said, okay, okay, that's fine.
0:40:26 Speaker: So the documents
0:40:27 Speaker: that you have
0:40:28 Speaker: are what they send us.
0:40:30 Speaker: I think any reasonable
0:40:31 Speaker: and hurtful person
0:40:32 Speaker: would look at
0:40:32 Speaker: that and end up
0:40:33 Speaker: with a whole lot more questions
0:40:35 Speaker: saying, we
0:40:35 Speaker: need detailed information. So we asked again, hey, can we get more like, you know,
0:40:42 Speaker: something a little
0:40:42 Speaker: more concise that we can figure out.
0:40:44 Speaker: A little more detail. And this
0:40:47 Speaker: was in an essay you made when
0:40:49 Speaker: we asked for it. I said,
0:40:56 Speaker: I don't
0:40:57 Speaker: understand
0:40:58 Speaker: that, but
0:40:59 Speaker: that is, I mean, that's how everything came down.
0:41:03 Speaker: I believe [name] in that meeting.
0:41:07 Speaker: I see her
0:41:08 Speaker: shaking her head. She's
0:41:09 Speaker: only had to miss a couple, but I'm not sure which one she did. No, she wasn't that one. So, I don't know.
0:41:21 City Attorney: think about reasonable, responsible, and national behavior. And I don't
0:41:25 Speaker: think the city's doing that. I don't think they're doing that. No,
0:41:30 Speaker: they're
0:41:31 Speaker: relying on me and the other relationships. What I don't think they're doing
0:41:35 Speaker: is
0:41:37 Speaker: they'll
0:41:37 Speaker: excited to tell you and give us everything we want, and it's not going to happen. I don't think this council will go for it. I don't think this city will go
0:41:46 Speaker: for it. We need our information.
0:41:49 City Attorney: Well, what we're talking up against. Yes, I agree with the philosophy. Okay, but what we're bucking up against is, if we take an aggressive or fairly assertive posture with them, the city's not going to get its re -em. And the city, not getting its re -em, is going to end the city up with whatever the consequences are that come out of the national programs
0:42:13 Speaker: office. And that's another thing. You build on anger. What are
0:42:16 Speaker: the consequences of that? You build on anger. They straight up said,
0:42:22 Speaker: when we asked them,
0:42:24 Speaker: yeah, what could happen?
0:42:26 Speaker: What are the
0:42:26 Speaker: potentials? What if we
0:42:27 Speaker: don't? What if we
0:42:28 Speaker: do? And he actually
0:42:30 Speaker: kind of chuckled and said,
0:42:31 Speaker: I'm going to tell you what we're going to do.
0:42:34 Speaker: That's exactly what I meant.
0:42:39 Speaker: First of all, this guy didn't even tell us where he was going to
0:42:45 Speaker: Now we actually have the attorney.
0:42:49 Speaker: Well, not only that,
0:42:51 Speaker: we had a bond counsel attorney
0:42:53 Speaker: from Mr.
0:42:55 Speaker: [name] that had
0:42:55 Speaker: stayed with us
0:42:56 Speaker: the
0:42:57 Speaker: entirety of the time.
0:42:59 Speaker: Even when we went back to the
0:43:00 Speaker: table again.
0:43:01 Speaker: Up until early this year.
0:43:03 Speaker: Yeah, when we
0:43:04 Speaker: went back to the table with the USDA
0:43:06 Speaker: in 2019, that same bond
0:43:09 Speaker: counsel attorney
0:43:10 Speaker: had informed us that
0:43:11 Speaker: And if they would play
0:43:12 Speaker: ball,
0:43:13 Speaker: so to speak,
0:43:14 Speaker: and re
0:43:15 Speaker: -amp,
0:43:16 Speaker: you know, that they would
0:43:16 Speaker: rewrite
0:43:17 Speaker: the bond force. They were all set to go.
0:43:19 Speaker: And then in some of the latter communications
0:43:21 Speaker: with the bond counsel attorney, he was included in the stuff
0:43:26 Speaker: with the USDA and the Special Assets Unit.
0:43:29 Speaker: At some
0:43:29 Speaker: point, they became uncomfortable
0:43:33 Speaker: with that
0:43:34 Speaker: situation. I'm not really sure why. We could probably guess, but I don't want to put ideas
0:43:40 Speaker: in my mind. He just felt uncomfortable with that situation.
0:43:45 Speaker: Then whenever he said,
0:43:46 Speaker: well you need to have your
0:43:47 Speaker: bond counsel on board, we're like, okay. So we called
0:43:51 Speaker: the bond counsel to find out that he
0:43:53 Speaker: has now
0:43:53 Speaker: become a partner in the
0:43:55 Speaker: firm in the student taxes and switched us to the other guy
0:43:59 Speaker: that was on your
0:44:01 Speaker: agenda
0:44:02 Speaker: at
0:44:03 Speaker: the
0:44:03 Speaker: last regular session.
0:44:04 Speaker: Okay. So up until March, through March, we were still communicating with the old bond council law firm,
0:44:16 Speaker: okay, who was ready to re
0:44:18 Speaker: -end. He was
0:44:18 Speaker: in USDA. I said, let's go. When
0:44:20 Speaker: you're ready, let us know. We'll do it. No problem. Then we had a change of
0:44:26 Speaker: purpose. of saying
0:44:27 Speaker: there's things
0:44:28 Speaker: that should have been
0:44:28 Speaker: done that weren't
0:44:29 Speaker: done. Right. Then there was a change in personnel in their law firms. And that's part of what sent us looking for other law counsel. Because we talked with Mr. [name]. And I mean, he was painting a very bleak picture. And he was being rude, snide, belittling, clashing down to us. So we looked at several others, and Mr. [name] and Mr. [name] is the one that came on board.
0:45:13 City Attorney: So, those are the points I think I've covered.
0:45:21 Speaker: And now it's running
0:45:22 Speaker: out. And now we're paying for it.
0:45:25 Speaker: Well, why do you?
0:45:26 Speaker: Because now U .S. needs things changed, okay?
0:45:31 Speaker: Yeah. I think he'd
0:45:32 Speaker: taken it back when he discovered that they refused to put any kind
0:45:36 Speaker: of proposal in writing, or give us anything in
0:45:40 Speaker: writing. He said,
0:45:41 Speaker: instead of us doing
0:45:42 Speaker: special servicing
0:45:43 Speaker: requests
0:45:44 Speaker: and what have you,
0:45:45 Speaker: that that was something
0:45:46 Speaker: that was supposed to
0:45:46 Speaker: come from the USDA. So you can imagine our
0:45:49 Speaker: surprise, but none
0:45:49 Speaker: of us have ever been
0:45:50 Speaker: through this particular thing before.
0:45:53 Speaker: So obviously, we're gonna,
0:45:54 Speaker: you know, we're such an
0:45:56 Speaker: attorney that does this. I will continue to have conversations with Mr. [name] as we complete to as much finalize we can, the ordinance that you will be reviewing on during the executive because that's, that's conference with [name]. And it is confidential. So it doesn't sound complete.
0:46:30 Speaker: We have so much in the executive session.
0:46:36 Speaker: Get to that point.
0:46:39 City Attorney: I'm good with it. [name],
0:46:48 Speaker: We got
0:46:49 Speaker: item D, this guy's considering take action
0:46:51 Speaker: on appointing a
0:46:52 Speaker: new mayor for [name].
0:46:54 Speaker: Is it one year time?
0:46:56 Speaker: President Mayor [name] approaching him, he's got to sit next to him. How long have you been there for?
0:47:02 Speaker: I've been there a while.
0:47:04 Speaker: It's time for
0:47:05 Speaker: us
0:47:06 Speaker: to try to pick a new mayor for [name].
0:47:11 Speaker: Or the same one.
0:47:37 City Attorney: Yeah, you have to have the motion and the second and all that, and then go to the nomination part first. on the motion.
0:47:48 City Attorney: [name] me mayor. [name] getting this off. Let's be careful. He makes a motion to entertain nominations for the position of mayor for a tenant. Once that is determined, seconded and voted on, then the nomination for it's open.
0:48:13 Speaker: Instead of putting them together, [name]. Right, sorry.
0:48:16 Speaker: You're right, [name], you're
0:48:18 Speaker: getting
0:48:18 Speaker: there. It changes every time we do this, Mrs. [name], and so, do we have a second?
0:48:26 Speaker: And by the way, I did look it up, and a mayor for [name] is allowed to vote for herself in everything I've looked up. It's only a mayor that is allowed to vote for himself.
0:48:42 City Attorney: So mayor is the motion to open the floor to nominations yes
0:49:06 Speaker: We can't go yay and nay until we see if we have
0:49:09 Speaker: nothing
0:49:10 Speaker: anybody
0:49:12 Speaker: else
0:49:12 Speaker: Well,
0:49:13 Speaker: that's why your floor is open.
0:49:17 Speaker: You can't nominate yourself either, right?
0:49:20 Speaker: You just can't move yourself.
0:49:23 Speaker: According to the mayor, you can't vote for yourself.
0:49:32 Speaker: We nominate Ms.
0:49:36 Speaker: Mayor Pro Tem. Did I get a second?
0:49:45 Speaker: Second. her nomination. We're talking about [name]. Not [name].
0:49:52 Speaker: We're talking about [name]. She's nominating herself. Oh. And she's asking for a second.
0:50:01 Speaker: Did he just say something? No. No, he thought he was still talking about [name].
0:50:08 Speaker: We're now talking about [name] was nominating
0:50:10 Speaker: herself. He's just a nomination. It was not a nomination,
0:50:14 Speaker: is that right? Okay.
0:50:16 Speaker: We did not have a second on
0:50:18 Speaker: that one. So. Mayor,
0:50:28 City Attorney: if you'll excuse me. Yes. Could we clear the record and go back to original nomination?
0:50:36 Speaker: Okay. [name]
0:50:37 Speaker: has
0:50:38 Speaker: nominated herself to continue as mayor
0:50:41 Speaker: of [name]. Do we have a second?
0:50:47 Speaker: We have no second.
0:50:52 Speaker: Okay, [name] is seconding. Okay,
0:50:58 Speaker: so now we have
0:50:59 Speaker: [name] and [name]. Do we have any other nominations? You know, nominate
0:51:04 Speaker: yourself, yourself,
0:51:06 Speaker: anybody else?
0:51:10 City Attorney: Okay. Okay, now you have a touch. Who all votes for a thank you minority as
0:51:20 Speaker: Mayor [name]? Let's say aye. You have two ayes. You can't vote for yourself. You can't, it's okay. You can't
0:51:28 Speaker: vote for yourself. Mayor just said so. Yes,
0:51:31 Speaker: I'm the leader
0:51:31 Speaker: and, and you know, and that's what you can vote
0:51:34 Speaker: for yourself.
0:51:35 Speaker: As Mayor
0:51:35 Speaker: [name], not as Mayor. [name]. Okay. So, two. All right. And for taking a favor,
0:51:46 Speaker: who votes for taking a favor?
0:51:48 Speaker: I have two. I have two.
0:51:52 Speaker: Okay. We have two and two. And you know when you stoop and two, the mayor breaks the vote. That's all. That's all. I mean, sorry.
0:52:01 Speaker: And I am going to vote, so thank you. You're not
0:52:03 Speaker: going
0:52:04 Speaker: to vote.
0:52:05 Speaker: Or I am going to. Director [name]. Director [name]. Mayor
0:52:12 Speaker: [name]. for this year.
0:52:18 Speaker: No, no.
0:52:19 Speaker: [name].
0:52:24 Speaker: Item
0:52:27 Speaker: 8, here we go y 'all. See if the Council goes into Executive Session. The City Council will be in closed Executive Session. [name] to Texas Government election.
0:52:38 Speaker: Chapter 50001.
0:52:39 Speaker: including the
0:52:40 Speaker: non -limited to section 551 .071,
0:52:44 Speaker: 551
0:52:44 Speaker: .072,
0:52:46 Speaker: 551 .074,
0:52:47 Speaker: and 551
0:52:48 Speaker: .087
0:52:50 Speaker: to discuss action related to consultation with city attorney, We are anticipating litigation
0:52:57 Speaker: relating to USDA rule development
0:53:01 Speaker: and bond counsel, attorney, real estate company personnel, and economic development negotiations. There's no action to be taken. We will now be out of record session at 7 .32.
0:53:18 Speaker: Yes. What the hell? You're fine.
0:53:22 City Attorney: You're fine. Okay, can we have like ten minute break?
0:53:31 City Attorney: Since you're recessed out of regular.
0:53:39 Speaker: You
0:53:46 Speaker: might be getting in a while there.