[00:00:01]
UH, ONE COMMISSIONER HAS INDICATED THEY NEED TO BE OUTTA HERE BY 10, CLEARLY LIGHT AGENDA WITH A COUPLE OTHER ITEMS. SO WE'LL MOVE PRETTY QUICKLY.WE DO HAVE A BEER BOARD, UH, 6 45 ON.
AGAIN, REMINDER, FIRST OF ALL, IT'S TUESDAY, NOT MONDAY.
YOU KNOW THAT HOLIDAY BEER BOARD AT 6 45.
AND THAT'S, UH, THE ONLY ITEM ON THERE IS RHIZOME, WHICH IS OUR CONTRACTOR FOR PRINT FEST.
WE'VE DONE THAT FOR THREE OR FOUR YEARS.
UM, REGULAR COMMISSION MEETING.
THEN WE START WITH OUR PUBLIC HEARINGS ON THE BUDGET TAX RATE AND CIP AND THOSE WILL ALL, UH, BE THIS MEETING.
AND THE NEXT TWO MEETINGS AFTER THIS UNTIL WE, UM, DO A FINAL READING AT THE END OF JUNE.
WE DO HAVE OATH OF OFFICE FOR TWO POLICE OFFICERS, AND THEN WE'RE ALSO DOING A PROCLAMATION, UH, RECOGNIZING THE VOLUNTEERS THAT WERE INVOLVED IN THE MOUNTAIN BIKE TRAIL PROJECT.
AND THEY ALSO WANT TO COME AND, AND WE'VE GOT A FEW SLIDES AND JUST RECOGNIZE SOME OF THEIR FOLKS.
AND I THINK THANK THE CITY IN RETURN FOR THAT PROJECT.
UM, CONSENT AGENDA, HANDFUL OF ITEMS. UM, THAT FIRST ITEM, WE'RE ALMOST KIND OF EMBARRASSED TO KEEP BRINGING THESE THINGS TO YOU, BUT VARIOUS AMENDMENTS TO AGREEMENTS WITH THE STATE RELATED TO A COUPLE, UH, LAW ENFORCEMENT THING.
THE FIRST ITEM IS A LICENSE AGREEMENT WITH TDOT TO INSTALL THE LPRS THAT ARE PART OF THE, WHAT'S THE SAFETY VIOLENT CRIME PREVENTION PROGRAM.
WE DON'T YET HAVE TDOT APPROVAL YET ON OUR PLANS, BUT WE HAVE TO HAVE A LICENSE AGREEMENT IN PLACE.
SO WE'RE JUST GETTING THAT IN PLACE SO WHEN WE DO GET THEIR APPROVAL, WE CAN MOVE FORWARD.
SO THIS JUST AUTHORIZES US TO INSTALL THEM ON THERE RIGHT OF WAY.
WHAT, WHY, WHY IS ALL THAT NECESSARY? WELL, IT'D BE SIMILAR TO US.
IF IT SOMEBODY WANTED TO PUT SOMETHING ON OUR PROPERTY, WE WOULD WANT SOME FORM OF AGREEMENT THAT SAYS, HEY, THIS IS WHAT YOU CAN DO, CAN'T DO.
HERE'S WHO, WHAT YOU'RE RESPONSIBLE FOR.
SO WE'RE NOT GATHERING INFORMATION THAT THEY MAY HAVE A PROBLEM WITH? NO.
I MEAN, THERE'S ALREADY A STATE LAW.
THAT'S HOW THAT INFORMATION IS KEPT IN FOR HOW LONG.
SO WE JUST AGREE THAT WE WON'T COMPLY WITH THAT, WHICH WE DO ALREADY.
JUST SEEMS LIKE ANOTHER LAYER OF IT IS.
UM, BUT IT'S NOT UNLIKE IF WE DO A NEW TRAFFIC SIGNAL, LIKE THE PROJECT AT THE Y IF THAT GOES FORWARD, THEN ALSO ULTIMATELY, EVEN THOUGH SOMEBODY ELSE IS PUTTING IT IN, WE BECOME RESPONSIBLE FOR IT.
THERE'LL BE SOME ONGOING MAINTENANCE AGREEMENT WITH IT.
ALSO, THERE WAS, THERE WAS A CLIP ON NEWS IN THE LAST WEEK, SMALL TOWN IN MISSOURI.
THEY HAD LPRS CAME UP THAT THE TRUCK WAS STOLEN FROM ST.
POLICE OFFICER PULLED BEHIND THEM.
A MOTHER AND DAUGHTER GOT OUT TEENAGE, UH, PROBABLY 20-YEAR-OLD DAUGHTER.
AND, UH, HE SAID, IS THAT YOUR TRUCK? SHE SAID, THAT'S MY BOYFRIEND'S TRUCK.
AND THE POLICE OFFICER VERY QUICKLY SAID, WHAT'S YOUR BOYFRIEND'S NAME? SHE SAID, UH,
LOUIS INTO THESE SMALL TOWNS, YOU KNOW.
WELL, AND AND AGAIN, WE SHARE WITH YOU SOME OF THE THINGS THAT DEVELOP OUT OF THE LPR.
AND RICHARD, NO SIR, WOULD TELL YOU THAT.
REMAIN A STRONG ADVOCATE OF THOSE, UH, OPPORTUNITIES.
UH, ITEM TWO IS AN AMENDMENT, UH, FOURTH, FIFTH, SIXTH AMENDMENT WE'VE DONE ON THIS CONTRACT RELATED TO THE PROGRAM WHERE THEY WILL REIMBURSE, UH, US OR NOT REIMBURSE.
YEAH, WELL REIMBURSE TRAINING AND THEN SOME BONUS MONEY FOR NEW HIRES.
AND THIS IS ANOTHER AMENDMENT THAT SIMPLY, UH, RICHARD, AS I UNDERSTAND IT JUST CHANGES THE DATE OF WHEN WE CAN APPLY OR BASED UPON HIRE DATE, RIGHT? YES, SIR.
WE AGREED THROUGH SEPTEMBER OF 23.
THEY'RE SAYING GO BACK TO MAY.
AND SO THIS MEANS WE HAVE A, A FEW MORE FOLKS WHO ARE QUALIFI OR JUST ON THE TRAINING SIDE OF IT.
WE'LL HAVE A FEW MORE FOLKS THAT ARE, SO AGAIN, ANOTHER AMENDMENT THERE.
ITEM THREE IS A AMENDMENT TO THE LIBRARY POLICY MANUAL RELATED TO THE DISPLAY OF ART AND COLLECTIBLES IN THE ART GALLERY THERE.
AND, UM, COMMISSIONER MCMILLAN MAY ADD TO IT, BUT MAINLY IT, SOME CLARIFYING LANGUAGE THAT WHILE THE FRIENDS OF THE LIBRARY MANAGES THAT PROGRAM, THAT ULTIMATELY THE LIBRARY CONTROLS HAS A FINAL SAY IN WHAT IS OR ISN'T DISPLAYED.
JUST A CLEANUP, UM, IN OUR MANUAL OF KIND OF THE WORDING TO MAKE IT A LITTLE MORE CLEAR IF THERE'S SOMETHING THAT THE LIBRARY NEEDS TO, UM, IF A, IF AN ART DISPLAY IS SOMETHING THAT DOESN'T REALLY FIT WHAT THE LIBRARY WOULD LIKE IN TERMS OF MAYBE IT WOULD OFFEND
[00:05:01]
SOMEBODY OR ACTUALLY BE DANGEROUS, THERE'S ONES THAT HAVE BEEN SHARP EDGES AND ALL KINDS OF THINGS.JUST GIVE THEM SOME FLEXIBILITY TO TELL THE ARTIST.
MAYBE PUT IN A DIFFERENT PIECE INSTEAD OF THAT ONE.
BUT A CLEANUP OF CONFUSION BETWEEN THE DIFFERENT ROLES OF FRIENDS OF THE BRENTWOOD LIBRARY AND THE LIBRARY STAFF AND THE CITY OF BRENTWOOD LIBRARY.
SO DO YOU WANNA TALK ABOUT
AND SO THEN WE ALSO HAVE, YOU, ME START OR? SURE.
UM, SO SIMILAR TO THE PART BOARD RAISING PART FEES, WE'VE BEEN LOOKING AT RAISING THE FEES FOR THE LIBRARY CARDS FOR PEOPLE WHO ARE OUT OF THE CITY LIMITS OF BRENTWOOD, SO THAT WHETHER THEY LIVE IN WILLIAMSON COUNTY OR OUT OF WILLIAMSON COUNTY.
AND THE LAST TIME THE FEES WERE INCREASED WAS, UM, 18 YEARS AGO.
SO IT'S, IT'S, YOU KNOW, PAST TIME TO, TO LOOK AT THIS.
UM, THE CURRENT FEES FOR RESIDENTS THAT LIVE IN WILLIAMSON COUNTY IS $50 A YEAR.
FOR THOSE THAT LIVE OUT OF WILLIAMSON COUNTY, IT'S $65 A YEAR.
AND SO THE LIBRARY BOARD VOTED, AND THEY ARE IN FAVOR OF INCREASING THE CARD FEES FOR NON BRENTWOOD CARDHOLDERS.
AND, UM, WE HAD MULTIPLE MEETINGS OVER THIS.
LOTS OF DISCUSSIONS, LOTS OF DATA THAT WENT INTO IT.
SOME OF THE FACTORS IN OUR DECISION MAKING THAT WAS WITH A $3.2 MILLION LIBRARY BUDGET AND ABOUT 45,000 RESIDENTS, EACH RESIDENT OF BRENTWOOD CONTRIBUTES APPROXIMATELY $75 A YEAR TO OUR LIBRARY.
WHETHER THEY USE IT OR NOT, THERE ARE 9,424 BRENTWOOD RESIDENTS THAT HAVE LIBRARY CARD.
SO ABOUT 20% OF OUR BRENTWOOD RESIDENTS HAVE A LIBRARY CARD.
AND THEN ADDITIONALLY, WHAT WE CONSIDERED THAT WAS, UM, SOMETHING THAT WE NEED TO FACTOR IN WAS THAT BRENTWOOD RESIDENTS GIVE BACK TO OUR LIBRARY EVERY MONTH IN THE FORM OF HOURS AND HOURS OF VOLUNTEER WORK THAT WE, WE DO PLACE A DOLLAR VALUE ON RESULTING IN SIGNIFICANT COST SAVINGS, UM, FOR THE CITY NOT HAVING TO, TO PAY EMPLOYEES TO DO THAT WORK.
CURRENTLY, THE OUT OF COUNTY CARDS ARE 344 AND THOSE LIVING IN WILLIAMSON COUNTY, THAT IS 992 CARDS.
AND THEN IN THE PAST THREE YEARS, BUT YEP.
NOW, DOES THAT INCLUDE THE TEACHERS THAT 900 OR ARE THEY OVER AND ABOVE THAT? UM, WE'RE NOT, THEY DON'T PAY.
I KNOW, BUT YOU'RE NOT THAT, SO THAT'S NOT EVEN COUNTED IN THAT NUMBER.
SO, UM, AND OVER THE PAST THREE YEARS, THE WILLIAMSON COUNTY CARD HOLDERS HAS INCREASED, UH, BY 158.
AND THOSE OUT OF BRENTWOOD AND OUTSIDE OF WILLIAMSON COUNTY HAS INCREASED BY 124 CARDS.
UM, SO AGAIN, IT'S BEEN $50 AND $75 RESPECTIVELY ANNUALLY.
UM, FOR WHAT WE ARE PROPOSING IS THAT WE GO FROM 50 TO 75 FOR THOSE IN WILLIAMSON COUNTY AND FROM 65 TO 130 FOR THOSE THAT LIVE OUTSIDE OF WILLIAMSON COUNTY.
UM, THE THINKING, BEING A, A WILLIAMSON COUNTY RESIDENT SHOULD PAY AT LEAST THE SAME AMOUNT BRENTWOOD RESIDENTS PAY TOWARDS OUR LIBRARY.
AND SINCE OUT OF COUNTY RESIDENTS DO NOT PAY ANY TAXES EITHER TO BRENTWOOD OR WILLIAMSON COUNTY, THEN FOR ABOUT $11 A MONTH, THEY WILL HAVE FULL ACCESS TO ALL THE SAME AMENITIES AT OUR LIBRARY THAT BRENTWOOD RESIDENTS PAY A LITTLE OVER $6 A MONTH FOR JUST TO KIND OF BREAK IT DOWN.
SO, UM, LIKE I JUST SAID, THE LIBRARY CARDS WILL REMAIN FREE FOR ANY EDUCATOR THAT TEACHES IN WILLIAMSON COUNTY.
AND THERE IS ACTUALLY CURRENTLY A POLICY, AND THAT WILL, THAT WILL STAY, THAT ALLOWS FOR A PERSON TO VOLUNTEER A CERTAIN NUMBER OF HOURS SO THAT THEY CAN GET A LIBRARY CARD FOR FREE IF THEY CAN'T AFFORD IT.
SO THERE ARE WAYS TO, UM, YOU KNOW, TO STILL OBTAIN A LIBRARY CARD FOR FREE.
AND THEN LIBRARY STAFF ASK THAT THIS FEE INCREASE, NOT GO INTO EFFECT UNTIL SEPTEMBER ONE BECAUSE THEY WANT TO GET THROUGH SUMMER READING.
UM, AND JUST TO GIVE STAFF TIME TO KIND OF CHANGE THE VERBIAGE ON HANDOUTS AND THE WEBSITE AND THINGS LIKE THAT, THAT'S WHERE THEY, WHEN THEY WANTED TO GO IN.
SO IF, IF THE COMMISSION IS INCLINED, WHAT WE WOULD PROBABLY DO IS, I THINK IT WOULD BE DONE BY A RESOLUTION, PROBABLY HAVE THAT AT THAT LAST MEETING IN JUNE WHEN WE'RE DOING BUDGETS AND EVERYTHING ELSE.
UM, AND THEN WE JUST HAVE AN EFFECTIVE DATE OF SEPTEMBER ONE IF THAT'S IT'S COMMISSION.
ONE MAY BE EASIER, ONE MAY BE THORNIER DEPENDING ON, ON WHAT IT IS.
UM, HOW LONG HAS IT BEEN SINCE WE'VE REVIEWED THE FEES FOR THE LIBRARY? 18 YEARS.
SO, AND ARE THE ONES WE'RE GOING TO, DID WE LOOK AT THE MARKET AT ALL OR ARE THEY PRETTY SIMILAR TO WHAT YOU'D FIND THE WILLIAMSON COUNTY LIBRARY OR OTHER LIBRARIES IN THE AREA? WELL, IT'S, WE LOOKED AT IT, IT'S VERY DIFFERENT BECAUSE, UM, SOME LIBRARIES CHARGE FEES FOR CERTAIN SERVICES, BUT OUR LIBRARY HAS A LOT OF THINGS THAT ANYBODY, WHETHER THEY HAVE A CARD OR NOT, CAN COME TAKE ADVANTAGE OF LIKE SUMMER READING OR THE EASTER EGG HUNT OR THINGS LIKE THAT.
SO WE TRIED TO DO A, A COMPARISON, BUT YEAH.
[00:10:01]
SO MUCH LARGER AND HAS SUCH A LARGER BUDGET THAN MOST OF THE ONES AROUND THE THORNIER ISSUE AS FAR AS THE, UM, DISPLAY CASES.AND I GUESS MAYBE A QUESTION FOR KRISTEN.
SO WE CAN WITHIN REASON LIMIT WHAT, WHAT IS IN THERE AND, AND THE POLICY ITSELF SWELLS OUT, WHAT'S APPROPRIATE FOR ARE IN THERE.
SO IT'S NOT NECESSARILY FREE FOR ALL.
THAT IS A VERY GOOD QUESTION THOUGH.
SO JUST, SO JUST MAKING SURE WE'RE BEING, BEING CAREFUL AND KNOWING HOW, YOU KNOW, POLITICAL LIBRARIES SEEM TO HAVE GOTTEN LATELY.
I JUST DON'T WANT THIS TO BE THE LIGHTNING ROD FOR SOMETHING IF IT'S A, A WELL INTENDED THING FOR PROPERTY CONTENT FOR LAB, AND I'M, I'M NOT AWARE WE REALLY HAD AN ISSUE THAT SPARKED NO.
SO I THINK IT WAS JUST A RECOGNITION THAT WE NEED TO CLARIFY THAT THE FRIENDS DON'T HAVE LIBRARY KIND FINAL.
IT'S, WHO KIND OF HAS THE FINAL SAY ON, UM, DECISIONS ON ABOUT WHAT KIND OF ARTWORK COMES IN? GUESS IT IS THE CITY'S IT'S 'CAUSE IT'S THE CITY'S RESPONSIBILITY CITY'S LIBRARY.
WELL, JUST MAKING SURE KNOW THERE'S SOME LAWSUITS FLOATING AROUND INVOLVING LIBRARIES AND CONTENT AND WHATNOT.
I HAD A QUESTION ABOUT THE FEES.
UM, THANKS FOR REVIEWING ALL THAT.
I MEAN, IT MAKES SENSE THAT AFTER 18 YEARS THAT WE WOULD AT LEAST LOOK AT IT.
SO THANK YOU ALL FOR INITIATING THAT.
UM, THEN WHEN, AND WE, MAYBE THIS IS A QUESTION MORE FOR THE PUBLIC WATCHING AT HOME, BUT, UM, WHEN SOMEONE COMES TO THE LIBRARY, THE LIBRARY MEMBERSHIP IS NOT JUST FOR WHAT'S ON THE SHELVES OR THE PROGRAMS THAT ARE THERE, THE MEMBERSHIP'S ALSO FOR THE, ALL THE ELECTRONIC BOOKS.
SO THOSE MEMBERS COULD EFFECTIVELY LIVE IN MONTANA AND USE OUR LIBRARY FOR ITS ELECTRONIC USES.
SO THAT IS A WAY TO COVER THAT EXPENSE, BECAUSE IF I UNDERSTAND CORRECTLY, THOSE EX THAT ELECTRONIC LICENSING ISN'T GONNA CONTINUE TO GO UP.
THANK YOU FOR BRINGING THAT UP, PRICEWISE.
IT'S ACTUALLY THE LIBRARY IS ADDING JUST TO COVER THE EBOOK EXPENSES ANOTHER $35,000 YEAH.
AND, AND THIS THAT WAS ALSO FACTORED IN, IN OUR CONSIDERATION THAT, UM, YOU KNOW, A LOT OF PEOPLE THAT LIVE OUTSIDE THE COUNTY MAY BE MORE INCLINED 'CAUSE OF GEOGRAPHIC LOCATION NOT COMING TO THE LIBRARY TO GET BOOKS THAT THEY WILL BE USING EBOOKS MORE.
WE, WE USE THE EBOOKS AND, YOU KNOW, WE CAN BE AT THE LAKE AND FINISH ONE BOOK AND YOU JUST CALL IT UP, YOU CAN GET ANOTHER BOOK.
I MEAN, IT REALLY IS, AND, AND DUSTIN CAN, HE'S OVER THERE SPEAK TO IT.
I MEAN YEAH, THEY'RE MORE EXPENSIVE AND REALLY MORE LIMITING.
AND EVEN GETTING MORE AND MORE LIMITING IN HOW YOU CAN CIRCULATE THEM AND ALL THAT.
AND UM, THE PUBLISHING COMPANIES ARE STARTING TO HAVE MORE OPEN ACCESS, BUT AT THE SAME TIME, ALSO THE, UM, DEMAND HAS DEFINITELY INCREASED.
IT, IT'S WORTH STATING THAT THE, THE METHODOLOGY FOR THIS IS CONSISTENT WITH WHAT WE DID IN 2005 WHEN WE FIRST ADOPTED IT.
WE SAID THAT IT'D BE BASED ON THE PER CAPITA SPEND, AND ABOUT $73 IS WHAT WE'RE SPENDING FOR EVERY RESIDENT OF BRENTWOOD.
EVEN THOSE, YOU KNOW, CHILDREN AND THE ELDERLY FOLKS WHO MAY NOT USE OUR LIBRARY.
AND SO FOR THE IN COUNTY RATE, THAT'S ABSOLUTELY CONSISTENT.
AND THEN THERE SHOULD BE A PREMIUM FOR THOSE WHO ARE OUT OF COUNTY BECAUSE THERE'S NOTHING COMING BACK TO THE CITY FROM THEIR TAX DOLLARS.
SO WE'LL HAVE THAT RESOLUTION.
BECAUSE THEY DON'T NEED TO BE DEALING WITH THIS.
ALRIGHT, IN THE NEW BUSINESS THEN, FIRST READING OF THE BUDGET ORDINANCE.
UM, AGAIN, WE WENT OVER THAT IN GREAT DETAIL LAST WEEK.
SO THIS IS USUALLY, THIS IS JUST THE FIRST READING.
IT'S THAT SECOND READING WHEN WE GET INTO THE MOTIONS AND DISTRIBUTING FUNDS AND ALL THAT.
UM, SO THIS WOULD BE JUST FIRST READING OF THAT ORDINANCE.
SECOND ITEM WOULD BE THE TAX RATE, WHICH OBVIOUSLY STAYS THE SAME AT 29 CENTS.
UM, AND THEN, UH, THIRD ITEM IS THE, UH, LETTER OF INTENT WITH PATENT LOGISTICS REGARDING THE POSSIBLE COOPERATION FOR A RACKET FACILITY.
UM, OBVIOUSLY WE WON'T TALK, UH, SPENCER WAS HERE THE LAST TIME.
SO THE LETTER OF INTENT, JUST AGAIN, TO BE CLEAR, IS NON-BINDING, MEANING THAT EITHER PARTY COULD AT SOME POINT SAY IT'S JUST NOT GONNA WORK WITHIN, YOU KNOW, AGREE TO DISAGREE AND, AND OR DISAGREE, DISAGREE TO MOVE ON AND, AND DO SOMETHING DIFFERENT.
BUT IT KIND OF OUTLINES THE BASIC TENETS OF WHAT THE, UH, OF A DEAL MIGHT LOOK LIKE.
UH, IT'S PRETTY CONSISTENT WITH EVERYTHING WE'VE TALKED ABOUT.
UM, A COUPLE ITEMS WE'VE JUST, YOU KNOW, STATED WOULD NEED TO
[00:15:01]
BE PART OF THE NEGOTIATIONS, WHICH IS THE TERM OF THE, UH, OPERATING LEASE.UH, I THINK HE, IT'S ORIGINAL THING.
WELL, MAY HAVE BEEN 30 THEN WE WENT TO 25.
THERE WAS SOME TALK AMONG YOU ALL THAT, SOMETHING LESS THAN THAT.
SO WE HAVEN'T TRIED TO SPELL THAT OUT.
WE'LL JUST SAY THAT THAT'S SUBJECT TO, UM, THE NEGOTIATIONS AS WELL AS THE EXACT STRUCTURE OF, AND THE DETAILS OF WHAT A, OF BRENTWOOD RESIDENT PRIORITY SYSTEM WOULD LOOK LIKE.
I THINK IN GENERAL, WE'RE TALKING ABOUT SOMETHING THAT, UH, GIVES BRENTWOOD RESIDENTS, UH, AN ADVANCE OPPORTUNITY TO EITHER BUY MEMBERSHIPS AND OR SCHEDULE AVAILABLE PUBLIC COURT TIME.
BUT WHAT THAT COULD LOOK LIKE IS, IS TO BE DETERMINED.
UM, IT'S A 90 DAY KIND OF AGREEMENT PERIOD FOR US TO TRY TO WORK THROUGH THOSE DETAILS AND BRING BACK TO YOU.
UH, WE DON'T KNOW IF, I DON'T KNOW IF IT'LL BE ONE AGREEMENT, TWO AGREEMENTS, ONE THAT WOULD BE JUST THE CAPITAL CONTRIBUTION AND THEN THE SECOND ONE THAT WOULD BE THE OPERATING KIND OF LEASE AGREEMENT.
WE'RE STILL WORKING THROUGH THAT, WHAT IT'S CALLED.
I'VE, UH, ORIGINALLY WAS TALKING ABOUT A, A, CREATING A PARTNERSHIP, A LEGAL PARTNERSHIP.
UM, THERE'S SOME STATE LAWS THAT USE THE TERM PUBLIC-PRIVATE PARTNERSHIP.
WHETHER WE CAN USE THAT TERM OR NOT, I DON'T KNOW.
WE STILL GOTTA WORK THROUGH A LOT OF THE DETAILS.
THERE'S A LOT TO THINK ABOUT THAT PERSPECTIVE.
BUT AGAIN, SO THAT'S KIND OF THE, THE OUTLINE OF WHAT THIS DOES.
IT, IT DOESN'T COMMIT YOU TO AN AGREEMENT WITH MR. PATTON.
IT DOESN'T COMMIT HIM TO CONTRIBUTING ANY MONEY TO THE AGREEMENT.
IT'S JUST, IT COMMITS US TO CONTINUE AND GETTING MORE SPECIFIC IN PROPOSING OR DEVELOPING A PROPOSED AGREEMENT FOR YOU ALL TO EVENTUALLY CONSIDER AT THE END OF THAT 60 TO 90 DAY PERIOD.
I BELIEVE IT'S A, A FRAMEWORK OF THE MAIN POINTS RIGHT.
UH, AND THEN THAT GIVES US THE OPPORTUNITY TO COME IN AND, AND PAPER, UH, WHAT THAT AGREEMENT LOOKS LIKE AND AT LEAST, UH, LOOKS LIKE AND GET INTO, UH, THOSE FINE DETAILS.
I I'VE SAID IT BEFORE, WE AS A COMMISSION WILL HAVE TO AGREE ON THOSE, UH, THOSE STRUCTURED DEAL POINTS, UH, AND THEN NEGOTIATE, UH, THE REST.
BUT FOR SEVEN OF US TO GET INTO NEGOTIATING, UM, WHERE, UH, THEIR HOUR AND ALL OF, UH, THOSE TYPE OF, UH, COMPONENTS WITHIN AN AGREEMENT WOULD BE VERY DIFFICULT.
SO I THINK WE AGREE ON MAJOR DEAL POINTS AND THEN MOVE TO AND WHEN DO YOU WANT THAT? BY MONDAY? YOU, I MEAN BY TUESDAY OR YOU MEAN EARLY ON IN THE PROCESS? NO, NO.
UM, THE, DURING THE 90 DAY, UH, PERIOD, THAT IS THE NON-BINARY LETTER THAT WOULD TERM, UM, YOU KNOW, IF, IF A DEAL IS TO BE HAD, UM, IT COULD BE DONE FASTER THAN THAT.
UM, IT COULD TAKE A LITTLE BIT LONGER.
AND WE AS A COMMISSION MAY AGREE, UH, TO THAT.
UH, IT MAY BE THAT, UM, THIS NON-BINDING LETTER OF INTENT DOESN'T, UM, GET THE, UH, THE MAJORITY OF, UH, THE VOTE OF THE COMMISSION.
BUT, UH, THIS IS THE FRAMEWORK FOR US TO GET INTO, UH, SAY, HEY, THIS IS WHERE WE'RE TRYING TO GO, THIS IS THE DEAL.
UH, AND THEN GET INTO PAPERING, UH, THOSE FINE COMPONENTS.
SO I MEAN, THE WAY WE LOOK AT IT IS, THIS IS YOUR DIRECTION TO US STAFF TO GO NEGOTIATE OR ATTEMPT TO NEGOTIATE AN AGREEMENT UNDER THE GENERAL FRAMEWORK OF WHAT'S IN THIS LETTER.
NO, A YEAR AGO THIS MONTH, WE HAD A RESOLUTION AT THE SAME MEETING TO ENTER INTO A NONBINDING AGREEMENT WITH THE COUNTY TO NEGOTIATE.
AND WE WALKED OUT OF THIS MEETING WITH ALL OF US THINKING THAT'S WHERE WE WERE.
AND BY MONDAY NIGHT IT WAS DEFERRED.
SO ARE WE, ARE WE IN AGREEMENT TODAY THAT THIS IS, I KNOW IT'S NOT A VOTE, BUT YEAH, I AM.
I WOULD LIKE TO HEAR PEOPLE ACTUALLY PUT WORDS TO THAT THIS TIME.
I THINK THAT THEY, THAT CITY STAFF NEEDS TO START.
I, I'M, I WON'T SAY THAT I'M OKAY WITH ALL THE DEAL POINTS, RIGHT.
BUT YOU'RE GR YOU'RE OKAY WITH, BUT I THINK THAT WE NEED TO START SOLUTION BECAUSE THAT'S CHANGED.
THE RESOLUTION WAS PUT OFF, TAKEN OFF THE TABLE AFTER WE ALL WALKED OUT OF THIS MEETING THINKING WE WERE ON BOARD WITH IT.
AGAIN, I'M OF THE BELIEF THAT THERE'S OPPORTUNITY, UH, TO, SO THIS WAS, UM, SPENCER PATTON'S, UH, FIRST, UH, OFFER TO US.
I BELIEVE THERE'S AN OPPORTUNITY, UH, TO COME BACK, UH, AND SAY, HEY, UM, MAYBE, UM, UH, WE, WE WOULD AGREE TO THESE ITEMS. HOWEVER, LET'S LOOK AT, UH, THE TERM, LET'S LOOK AT, UH, THE RETURN, UH, TO THE CITY.
UH, LET'S LOOK AT THE RATE, UH, SOME OF, UH, THOSE TYPE THINGS.
UM, IT WOULD BE, I THINK, UM, NAIVE ON OUR PART, UH, TO THINK THAT THIS IS HIS BEST AND FINAL
[00:20:01]
OFFER.OH, I THINK WE'RE IN AGREEMENT ON THAT.
BUT I JUST DIDN'T WANT THIS YANKED OFF THE TABLE MONDAY NIGHT.
WELL, I THINK WHAT WE MOVED THROUGH LAST TIME, I, I WAS IMPRESSED WITH SPENCER PATTON LAST TIME.
I'LL SAY THAT I WAS IMPRESSED WITH SPENCER PATTON LAST TIME.
I FOUND IT TO BE A VERY SINCERE INDIVIDUAL.
I FEEL LIKE HE REALLY WANTS TO WORK ON THIS.
AND I DO THINK BECAUSE OF HIS ATTITUDE AND HOW HE CONDUCTED THE MEETING, I THINK THIS IS A NATURAL STEP AND I'M VERY, VERY, VERY SUPPORTIVE OF GIVING KIRK THE ABILITY TO MOVE FORWARD ON IT.
KIRK, WHAT WILL THAT LOOK LIKE AS YOU START TO MOVE FORWARD? UM, WILL YOU COME BACK AND REPORT TO US? WE'LL BE THERE.
WILL THERE BE A REPRESENTATIVE FROM US WITH YOU AND SOME OF THOSE CONVERSATIONS? I, HOW, HOW WILL THAT WORK? JUST SO WE CAN UNDERSTAND.
I MEAN, I WOULD KEEP YOU UPDATED AS WE MOVE ALONG.
OBVIOUSLY IF ANY OF YOU HAVE INDIVIDUAL THOUGHTS OR WHATEVER, THEN I'M CERTAINLY OPEN TO TAKING THOSE.
BUT I MEAN, AT THIS POINT IT'S THE COMMISSION WITH CHRIS OR COMMISSION THE MANAGER WITH KRISTEN AND, UH, NEGOTIATING BACK AND FORTH.
AND I'LL CERTAINLY, THAT WILL KEEP YOU UPDATED.
AND HOW WILL THAT WORK? LIKE WILL WE EXPECT A WEEKLY EMAIL? UH, JUST AN EMAIL AFTER YOU HAVE CONVERSATION? I THINK WE, AS WE MOVE, I DON'T KNOW THAT IT'LL BE WEEKLY, BUT AS WE GET THROUGH CERTAIN KIND OF MAJOR POINTS OF THE DISCUSSIONS, YEAH.
AND IS THERE A WAY THAT YOU NEED US TO MAKE OUR THOUGHTS CLEAR TO YOU IN THAT SETTING? I KNOW WE'VE TALKED ABOUT IT, UM, IN THESE MEETINGS, BUT IS THERE A WAY THAT YOU WOULD LIKE, UH, TO RECEIVE THAT INFORMATION FROM US SO THAT YOU KNOW, WHAT WE'RE IN INTERESTED IN? AGAIN, I THINK IF THE COMMISSION AS A WHOLE, WHETHER IT'S, I MEAN, WE'VE HAD A LITTLE CONVERSATION AS YOU SAID, IF ON MONDAY NIGHT THERE ARE CERTAIN THINGS YOU WANT TO PUT ON THE TABLE, OTHERWISE A A PHONE CALL OR ONE-ON-ONE MEETINGS WITH ME AND SAY, HERE'S YOUR THING.
NOW AGAIN, REALIZE ONE-ON-ONE, IF I HEAR THAT FROM ONE VIEW AND, AND THE OTHER SIX DON'T SEEM TO HAVE THAT SAME CONCERN, THEN THAT WILL AFFECT KIND OF HOW WE APPROACH THINGS.
BUT I, I WOULD TAKE EVERYBODY'S INPUT AND TRY TO COME TO A, UH, GET AS MUCH OF THAT IN THE AGREEMENT AS POSSIBLE.
WELL, DURING THIS WHOLE PROCESS, UM, I THINK WE ALL HAVE DIFFERENT THINGS WE WANNA SEE OUT OF THIS, AND I WOULD LIKE TO KNOW IF THEY SHARE IT WITH YOU AND YOU CAN SHARE IT WITH US.
I DON'T KNOW HOW WE DO THAT WITHOUT THE SUNSHINE BEING A PROBLEM.
BUT WHAT ARE LIKE THE THREE MOST IMPORTANT THINGS, KNOWING NONE OF IT'S GONNA BE PERFECT IF WE WAIT FOR THE PERFECT, WE'LL NEVER HAVE ANYTHING.
EVEN IF WE WERE JUST PLEASING ONE PERSON AND WE'VE GOT SEVEN TO PLEASE.
BUT WHAT ARE THE, LIKE THE TWO OR THREE MOST IMPORTANT ISSUES THAT THIS WE WANT IN A DEAL? AND I'M NOT JUST TALKING MONEY, I'M TALKING, YOU KNOW, BECAUSE EVERYBODY'S GONNA HAVE SOMETHING DIFFERENT.
AND I'D LIKE TO KNOW WHAT IS HOLDING YOU BACK OR WHAT IS THE BIGGEST DEAL TO YOU, YOU KNOW, THAT HELPS IN A DISCUSSION.
I THINK PEOPLE PUT THEIR CARDS ON THE TABLE AND SAY WHAT'S REALLY THE KEY THING.
I APPRECIATE YOU ASKING THAT QUESTION.
I APPRECIATE YOU ASKING THAT QUESTION.
UM, YEAH, I, I DO, AND I THINK THAT WITH THIS LATEST, I READ THROUGH THE PATENT PROPOSAL AND IT IS DIFFERENT FROM THE FIRST ONE HE GAVE US.
THERE ARE FEW THINGS THAT ARE NOT AS DETAILED AS THE FIRST ONE.
AND SO WHAT I SAW WAS MOVEMENT IN THE RIGHT DIRECTION, AND THAT IS THAT, UM, PRIORITY, BRENTWOOD PRIORITY WASN'T, THERE WASN'T A NUMBER PLACED ON IT.
SO THERE'S NOT A LIMITING FACTOR ON THAT, WHICH I THINK IS GREAT.
UM, MOVEMENT IN THE RIGHT DIRECTION, AND ALSO THE TERM WAS NOT NUMBERED.
UM, SO I THINK THAT'S GREAT, UM, MOVEMENT IN THE RIGHT DIRECTION AS WELL.
UM, THE LAST, THE, THE THING THAT I'M INTERESTED IN SEEING SOME MOVEMENT FROM PAT, THE THING I'M INTERESTED IN SEEING SOME MOVEMENT FROM PATON IS THE RETURN ON INVESTMENT FOR RESIDENTS OF BRENTWOOD.
THEIR TAX DOLLARS ARE GOING IN, UM, AS WELL AS HIS INVESTMENT.
AND IT'S CLEAR TO ME THAT HIS INVESTMENT IS BEING MADE BACK.
THE NUMBERS ARE CLEAR OF MILLION DOLLARS A YEAR EVERY YEAR, BUT THE CITY OF BRENTWOOD IS NOT GETTING THE SAME RETURN.
SO I WOULD LIKE TO SEE THAT BALANCE OUT A LITTLE BIT MORE.
AND THAT WOULD BE IMPORTANT TO ME.
THAT'S STOPPING MOST IMPORTANT TO ME,
AND THAT'S WHY THERE'S SEVEN OF US, RIGHT? UH, THERE'S SEVEN OF US HERE.
UM, I WOULD TELL YOU WHAT'S IMPORTANT TO ME, I'VE GOT, OH, I DIDN'T MEAN YOU HAD TO DO IT TODAY.
I'M JUST SAYING I'M GONNA GO AHEAD AND GET 'EM ON THE, ON THE TABLE.
UM, GOVERNANCE, UH, IS, UH, IS MOST IMPORTANT PRIORITY ACCESS, UH, TO OUR RESIDENTS RATE.
UH, AND THEN TERM, UH, RETURN ON, UH, INVESTMENT TO, UH, TO THE RESIDENTS OF BRENTWOOD IN THAT ORDER, UM, JUST FOR ME, WHEN YOU SAY RATE, MEANING FEES, UH, WHEN YOU, RIGHT.
SO HE'S GOT A, UH, A HURDLE THAT HE'S TRYING TO CLIMB OVER BEFORE WE START TO, UH, TO SHARE.
AND SO, UM, YOU KNOW, UH, HE CAME WITH, UM, A FIRST OFFER AND,
[00:25:01]
UH, I THINK THERE'S PROBABLY SOME ROOM, UH, THERE.UH, AND WHAT THAT LOOKS LIKE, UM, WE'LL GET KIND OF HASHED OUT.
I, TO ME, THE, THE GIVING THE PREFERENCE TO BRENTWOOD CITIZENS, UM, IT'S GONNA BE OUR FACILITY ON OUR LAND EVENTUALLY.
AND I DO THINK WE HAVE TO HAVE THE A A VERY, VERY AGGRESSIVE, UH, THING SET IN PLACE TO ALLOW BRENTWOOD RESIDENTS TO GET A PRIORITY.
AND, UM, I DO THINK THE TERM, I THINK THE TERM WAS A LITTLE LONG.
I'M GLAD TO SEE WE'VE MOVED A LITTLE ON THAT AND JUST OVERLOOKED THE FINANCIAL THING AS YOU JUST SAID, MARK.
SO THOSE ARE THE THREE THINGS I JUST JOTTED DOWN THAT'S KIND OF SHARED WITH YOU BEFORE MY THREE THINGS TOO.
I MEAN, AND I DON'T, THAT'S CONSISTENTLY WHAT I'VE HEARD FACTORS.
I DO THINK, AND I THINK I SAID THIS TO YOU FOREVER AGO, THAT, UM, THE, I THINK ON THE FRONT END WITH THE, HIM TAKING THE FIRST 900,000 OR WHATEVER BEYOND THAT, IF HE MAKES THAT, THERE'S NOT AS MUCH MOTIVATION.
GRANTED ANYTHING AFTER THAT THAT WE SPLIT, IT'S KIND OF EXTRA FOR HIM.
BUT THERE'S NOT A LOT OF MOTIVATION TO GO BEYOND THAT.
IF HE'S MAKING ALL THE RETURN, I WOULD LIKE TO, FOR US TO SEE SOMETHING OF THAT FIRST 900,000 THAT'S, THAT'S COMING TO US.
UM, WHETHER IT'S, YOU KNOW, HE PAYS A, A CERTAIN SET AMOUNT FOR LEASE OF THE LAND, LEASE OF THE BUILD, WHATEVER IT LOOKS LIKE.
I DO FEEL LIKE THERE NEEDS TO BE SOMETHING ON THAT FRONT END IN THAT FIRST 900,000 THAT COMES NO MATTER WHAT TO THE CITY.
UM, BECAUSE THERE, THERE, THERE MAY NOT BE THE MOTIVATION AND BEYOND THE 900,000 TO WORK FOR, YOU KNOW, THE CITY TO GET A HUNDRED THOUSAND SPLIT, YOU KNOW, HALF OF, OF 300,000 OR HALF OF 200,000.
SO I NEED, I NEED TO SEE SOMETHING THAT IS A SET AMOUNT THAT WE GET IN THAT FIRST 900,000, WHATEVER THAT LOOKS LIKE.
AND THEN PRIORITY SCHEDULING, UM, FOR BRENTWOOD RESIDENTS, I WAS VERY PLEASED, LIKE YOU SAID, WITH HIS WILLINGNESS TO, YOU KNOW, IN THAT MEETING WE WERE KIND OF THROWING QUESTIONS AT HIM AND HE WAS ALREADY WILLING TO, YEAH, WE CAN DO, YOU KNOW, PRIORITY MEMBERSHIP FOR BRENTWOOD RESIDENTS OR WHATEVER THAT, THAT WILLINGNESS TO, TO, TO MEET THOSE NEEDS, UM, AND SEE THAT IT'S A PARTNERSHIP AND IT NEEDS TO BE SOMETHING THAT, UM, BOTH SIDES ARE, ARE OKAY WITH.
UM, WITH THAT, I DO FEEL LIKE IT MAY BE ADVANTAGEOUS FOR US TO HAVE, I KNOW FOR SUNSHINE LAWS, WE CAN'T HAVE A COUPLE OF US, BUT HAVE ONE REPRESENTATIVE FROM THE COMMISSION WORKING WITH STAFF ON THIS NEGOTIATION, UM, SINCE WE'VE ALL KIND OF, YOU KNOW, SAID WHAT WE WANTED, BUT JUST TO HAVE ANOTHER, UM, ONE OF THE SEVEN OF US THERE WITH YOU AND, AND DAVE, UM, TO KIND OF GO THROUGH THE NEGOTIATION.
I, I DON'T, I PERSONALLY JUST DON'T FAVOR THAT.
I THINK IT DOESN'T GO WITH OUR CHARTER WHERE ALL OF YOU ARE EQUAL.
AND SO IF YOU MAKE ONE, HAVING SOME ROLE IN, IN AN ADMINISTRATIVE PROCESS, I DON'T THINK THAT'S APPROPRIATE.
SO AS Y'ALL ARE TALKING ABOUT THIS AND, YOU KNOW, HAVING AN ENTREPRENEURIAL BACKGROUND, YOU KNOW, IT SEEMS LIKE WE'VE GOT SOME BLIND SPOTS AS A COMMISSION.
UM, SO AS, AS WE'RE LOOKING AT THIS NANDA MAYOR GORMAN'S PO POINT ON GOVERNANCE, UM, PART OF THE GOVERNANCE IS THE GOVERNANCE OF THE FACILITY FROM THE STANDPOINT OF RUNNING IT.
AND I KNOW WE TALK A LOT ABOUT HOW BRENT LOOKS GOOD AT WHAT WE'RE DOING FOR WHAT WE DO.
THE PART OF THE REASON BRENTWOOD IS VERY GOOD IS BECAUSE BRENTWOOD HAS PICKED ITS BATTLES VERY CAREFULLY.
AND THERE'S A NUMBER OF THINGS OUT THERE DOCUMENTING THE DIFFERENCE BETWEEN SAY HOW A GOVERNMENT OR COMMISSION RUNS VERSUS HOW A BUSINESS RUNS AND HAVING TO MAKE DECISIONS QUICKLY AND BASED ON MARKET OR MARKET CHANGES.
AND SO I KNOW THERE HAVE BEEN SOME SUGGESTIONS, UH, THAT WE HAVE, YOU KNOW, UH, APPOINTED OR ELECTED COMMITTEES OR OTHER THINGS RUNNING A FACILITY, BUT THAT WE'RE GONNA MAKE A RETURN ON INVESTMENT BECAUSE IT'S A NEW ENTREPRENEURIAL CONCEPT.
UM, SO I MEAN, AS WE'RE DOING THIS, YOU KNOW, SOMETHING THAT I DON'T THINK WE SHOULD OVERLOOK IS THAT HAVING A PARTNER, WHETHER IT'S WILLIAMSON COUNTY OR PATTON, SOMETHING IT OFFERS IS THEY'RE TAKING ON THE, THE OPERATIONAL RISK AND ENTREPRENEURIAL RISK OF THIS.
BRENTWOOD WAS PUTTING IN, AT LEAST WITH THE COUNTY AND ALSO WITH THIS, WE'RE PUTTING IN SOME MONEY FOR FACILITIES.
THE PARTNER IS TAKING ON THE STAFFING, WHICH IS A LOT.
THEY'RE TAKING ON THE OPERATIONAL PROCESS, WHICH IS A LOT THE MARKETING AND THE REST OF IT.
AND I THINK IT'S REALLY IMPORTANT TO BOTH APPRECIATE THE RISK THEY'RE TAKING ON AND OFFERING 'EM AN OPPORTUNITY TO HAVE A RETURN TO OFFSET THE RISK, BUT ALSO TO GIVE THEM THE LATITUDE
[00:30:01]
TO RUN THE FACILITY IN A WAY THAT THEY CAN MAKE SOMETHING OF THE ENTREPRENEURIAL OPPORTUNITY.AND, UH, INTERESTINGLY, IN A LITTLE BIT DIFFERENT CONTEXT, THERE'S A PRETTY GOOD PODCAST OUT THERE CALLED YOU MIGHT BE RIGHT, WHICH IS A PODCAST DONE BY GOVERNOR HASSELMAN, GOVERNOR BISON, AND ONE OF THE EPISODES THEY HAD WAS ON THE ROLE OF GOVERNMENT AND ENTREPRENEURSHIP, AND THEY KIND OF EXPLORE SOME OF THIS AND, UM, TALK QUITE A BIT ABOUT THE DIFFERENCE IN THE GOVERNANCE MINDSET AND APPROACH VERSUS AN ENTREPRENEURIAL MINDSET AND APPROACH AND WHAT GOES INTO THAT.
AND ALSO HAVING THE PERSONAL RISK OF HAVING YOUR OWN ASSETS TIED TO THE SUCCESS OF SOMETHING.
UM, SO AS, AS WE'RE DOING THIS, IT'S VERY WELL AND GOOD TO LOOK AT BALANCE SHEETS OR PERFORMANCE OR WHATEVER, BUT I KNOW FROM STARTING BUSINESSES AND HAVING OPENED SEVERAL BUSINESSES OVER MY CAREER THAT IT'S ONE THING TO DO A PROJECTION IS SOMETHING ELSE ENTIRELY TO DO WHAT IT TAKES TO GET SOMETHING UP AND RUNNING AND SUCCESSFUL.
AND TO HAVE THE, THE LATITUDE TO MAKE THE ADJUSTMENTS YOU HAVE TO MAKE IF THINGS AREN'T WHAT YOU THOUGHT.
UM, AND WE'VE SEEN SOME OF THIS ALREADY.
I MEAN, YOU KNOW, A YEAR AGO OR A LITTLE BIT MORE THAN A YEAR AGO, WE HAD PEOPLE TELLING US, YOU KNOW, VERY BLITHELY THAT YOU SHOULD BE ABLE TO BUILD A RACKET FACILITY FOR $4 MILLION BECAUSE THEY'VE DONE IT AND THEY'D COMPLETELY OVERLOOKED SITE WORK AND OTHER STUFF, YOU KNOW, AND NOW WE'RE BACK TO THE ORIGINAL NUMBERS THAT WILLIAMSON COUNTY WAS TALKING ACTUALLY A LITTLE BIT OVER DUE TO DESIGN CHANGES AND APPRECIATION.
BUT SO, SO AS WE'RE TALKING ABOUT THIS, SOMETHING THAT'S REALLY IMPORTANT TO ME AND PART OF THE VALUE OF A, A PARTNER IS, IS KNOWING WHAT WE'RE SIGNING OR BRENTWOOD TAXPAYERS UP FOR IN TERMS OF THE RISK AND IN TERMS OF HOW MUCH WE'RE INVESTING.
AND THAT'S ANOTHER THING THAT'S IMPORTANT TO ME, IS TRYING TO GET A BALANCE FOR HOW MUCH ARE WE SPENDING ON A PROJECT FOR HOW MUCH OF OUR COMMUNITY, YOU KNOW, AND TRYING TO KEEP THAT IN BALANCE WITH THE OTHER PROJECTS THAT WE'RE DOING, THE OTHER PRIORITIES WE HAVE AS A CITY.
YOU KNOW, I THINK IT'S IMPORTANT TO, TO KEEP THAT IN MIND.
AND SO IT IS ONE THING TO, TO, TO TALK ABOUT THIS AS A, AS, YOU KNOW, SOMEHOW A, A MONEY MAKING INVESTMENT, WHICH ISN'T REALLY THE TRADITIONAL ROLE OF, OF BRENTWOOD, YOU KNOW, THE CITY OF BRENTWOOD.
BUT IT'S SOMETHING ELSE TO MAKE SURE IT'S NOT A MONEY LOSING PROPOSITION THAT'S BOTH, YOU KNOW, A DRAIN ON THE TAXPAYERS AND THE DISTRACTION FOR STAFF AND, AND VOLUNTEERS.
SO I THINK AS WE'RE TALKING THROUGH THIS, I THINK THOSE THINGS ARE VERY IMPORTANT AND HAVING, YOU KNOW, A PLAN IN PLACE, NOT JUST FOR IF THINGS GO WELL, BUT IF THEY GO BADLY AND TRYING TO HAVE A BALANCE SO THAT WE, YOU KNOW, WE HAVE SOME WAY OF, SOME PATH TO SUCCESS IF IT GOES WELL FOR BOTH US AND THE PARTNER, BUT ALSO THAT WE'RE LOOKING AFTER OUR, OUR TAXPAYERS, IF IT GOES POORLY, YOU KNOW, SOME CHANGES IN THE EXTERNAL MARKET, IF THERE'S PRACTICES THAT HAPPEN, UM, YOU KNOW, RUNNING UH, UH, AN ENTREPRENEURIAL VENTURE THROUGH A POLITICAL PROCESS IS CHALLENGING AT BEST.
SO, UH, I I THINK WE HAVE TO REALLY THINK THROUGH THAT AS WE'RE TALKING ABOUT THIS.
BUT THERE IS NO WILLIAMSON COUNTY PROPOSAL.
YOU, YOU MENTIONED WILLIAMSON COUNTY PROPOSAL.
NO, NO, I'M, BUT I'M SAYING THAT S POINT THAT WE'RE SITTING HERE LOOKING AT, ACTUALLY WE WERE LOOKING A YEAR AGO AT FRANKLY AN OBJECTIVELY BETTER OPPORTUNITY WITH WILLIAMSON COUNTY.
I WAS SAYING, AND, AND YOU KNOW, WE TALKED LITERALLY A YEAR AGO THIS MONTH ABOUT HOW BY INDEFINITELY DEFERRING IT AT THAT POINT, AND YOU KNOW, WHEN THEY HAD SUPPORT FROM THE WILLIAMSON COUNTY COMMISSION AND OTHERS INDEFINITELY DEFERRING, IT CAME ACROSS TO THEM AS A MESSAGE FROM THIS COMMISSION.
WE TALKED IN SEVERAL MEETINGS ABOUT CONCERNS THAT THAT COULD COOL THEIR INTEREST IN THAT, WHICH TURNED OUT IS WHAT HAPPENED.
HAPPENED EXACTLY LIKE WE TALKED ABOUT IN THE MEETING WHERE THEY LOST INTEREST AND BETWEEN THE CONVERSATIONS THEY HAD WITH, YOU KNOW, FROM THE COMMISSION AND FROM THE AD HOC COMMITTEE, UM, AND ALSO THE AD HOC COMMITTEE DOING THE DISCUSSION AFTER THE BUDGET DEADLINE FOR THE COUNTY, IT GOT TAKEN OFF THE TABLE.
BUT SO, SO AN OBJECTIVELY BETTER OPPORTUNITY WITH THE COUNTY FELL THROUGH IN YOUR OPINION, 'CAUSE OF THE WAY WE HANDLED IT.
BUT YOU, SO NOW WE WERE ALSO TOLD, WE WERE ALSO TOLD A YEAR AGO, MARCH, THAT WE HAD ALL THE INFORMATION THAT WE NEEDED TO MAKE A DECISION.
AND NOW YOU'RE TELLING US TO CONSIDER THIS.
WE GOTTA CONSIDER ALL THIS INFORMATION BECAUSE YOU CAN'T LOOK AT THE PERFORMER THIS WAY, THAT WAY.
HOW CAN WE HAVE ALL THE INFORMATION WE NEEDED TO GO A YEAR AND A HALF AGO AND NOW WE'RE MOVING FORWARD IN NEGOTIATIONS AND WE DON'T HAVE THAT INFORMATION.
I THINK WE'VE GOT THE INFORMATION.
I THINK SPENCER'S DONE A GREAT JOB.
I THINK KIRK SHOULD MOVE FORWARD AND I THINK THAT'S SUMS IT UP.
THINK KIRK SHOULD MOVE FORWARD AND LEMME ADDRESS SINCE KEN WAS SPEAKING TO ME DIRECTLY, BUT I, I AGREE THAT KIRK SHOULD MOVE FORWARD AND LOOK AT THIS.
UM, I THINK IT'S DEFINITELY WORTH LOOKING AT AND CONSIDERING,
[00:35:01]
I THINK, UH, IT IS OBJECTIVELY CORRECT THAT WHEN YOU GIVE, WHEN YOU ACTUALLY TAKE THE INFORMATION THAT WE HAD FROM THE COUNTY AND COMPARE IT TO INFORMATION FROM THE AD HOC COMMITTEE WITH SOME VERY SLIGHT TWEAKING, IT'S THE SAME IF, IF PEOPLE RECOGNIZED THAT WE DID HAVE THE INFORMATION.IT'S NOT IN MARCH THAT WE HAD IN NOVEMBER, IF YOU ACTUALLY LOOK AT IT AND, AND READ IT.
UM, BUT THAT DID FALL THROUGH BECAUSE OF THE HANDLING.
NOW WE'RE LOOKING AT SOMETHING AGAIN.
AND SO IF WE DO IT AT ALL, I DO THINK IT'S WORTH EXPLORING AND HAVING KIRK AND THE, AND THE GROUP, YOU KNOW, TAKE A LOOK AT THAT.
WELL, COULD, COULD WE CIRCLE BACK REAL QUICK? THANK YOU.
UM, WHEN YOU WERE SAYING ABOUT IF ONE OF US WOULD BE A REPRESENTATIVE WITH YOUR CONVERSATIONS, UM, BASED ON OUR CITY CHARTER AND, AND, AND I WOULD LOVE TO SEE WHAT, WHERE THAT POINTS TO IN THERE JUST AS A FRAME OF REFERENCE TO HELP MY MIND WORK A LITTLE MORE DILIGENTLY.
BUT IN THE ABSENCE OF THAT, CAN YOU EXPLAIN TO ME THEN HOW THAT WORKS WITH OUR CITY BOARDS AND ALL THAT? IF WE HAVE LIAISONS THAT GO WITH OUR CITY BOARDS OR DIFFERENT GROUPS, HOW DOES ALL THAT PARALLEL EACH OTHER FROM THE CHARTER? YOUR CITY BOARDS ARE ADVISORY BOARDS.
THEY'RE NOT ADMINISTRATIVE FUNCTION BOARDS.
YOUR CITY CHARTER IS VERY CLEAR THAT THE COMMISSIONERS ONLY ACT AS A BOARD OF COMMISSIONERS, NOT AS ANY INDIVIDUAL ONE COMMISSIONERS.
SO TO ME THAT'S THE CONFLICT WHEN YOU WANT A COMMISSIONER TO BE DIRECTLY INVOLVED IN NEGOTIATIONS.
THEN YOU'RE NOW, YOU'RE NO LONGER THE ADMIN OR POLICY BOARD.
YOU'RE NOW INTO THE DAY-TO-DAY ADMINISTRATION, WHICH IS DELEGATED TO THE CITY MANAGER.
SO IF I HAVE A COMMISSIONER IN NEGOTIATIONS WITH ME, THAT ONE COMMISSIONER IS ACTING ABOVE THE SIX, THE OTHER SIX OF YOU IN SOME FORM OR FASHION.
DOES THAT COMMISSIONER HAVE THIS FINAL SAY IN A AND A POINT, OR DO I HAVE THE FINAL SAY AND A POINT I I CAN'T OPERATE WITH THAT KIND OF A CONFLICT GOING ON.
COMMISSIONERS SIT AS A BODY AND ACT ON POLICY STAFF.
LET'S DO, UM, STAFF DOES THE ADMINISTRATIVE WORK OF THE CITY AND THAT'S WHAT THIS IS
IF THAT IS OUR LIMITATION, THEN I GUESS IT'S IMPORTANT THAT WE COMMUNICATE EFFECTIVELY WITH YOU AND THAT YOU UNDERSTAND WHERE WE'RE COMING FROM SO THAT THE NEGOTIATION GOES AS SMOOTHLY AND AS EFFICIENTLY AS POSSIBLE.
YEAH, AND AGAIN, IT'S NOT LIKE YOU GUYS ADOPT THIS AND I'LL COME BACK 90 DAYS LATER WITH, HEY, HERE IT IS.
I MEAN, SO THERE'S GONNA BE A BACK AND FORTH DURING, THAT'S MY RESPONSIBILITY IS TO KEEP YOU ALL UPDATED AS WE, AS WE GET THROUGH THE MAJOR POINTS OF THIS.
AND THEN IF, BASED UPON ALL UPDATES I HEAR FROM A MAJORITY OF YOU OF NOW THAT'S NOT GONNA WORK, THEN THAT TELLS ME WHAT I GO BACK TO.
BUT I CAN'T, I DON'T THINK IT'S APPROPRIATE FOR ONE CITY COMMISSIONER TO HAVE THAT AUTHORITY WITHIN A NEGOTIATION TO DIRECT THAT.
WELL, I THINK DOESN'T OUR CHARTER FORBID THAT TYPE OF THING IN MY OPINION.
I I, I HATE ALWAYS COME BACK TO SAY I'VE BEEN HERE A LONG TIME.
BUT MY PHILOSOPHY IS SHAPED A LOT BY THAT.
WE HAVE NEVER RAISED TAXES IN 32 YEARS.
SO WE'RE DOING SOMETHING RIGHT.
WE'VE TAKEN OUR STAFF'S ADVICE ON FINANCIAL MATTERS OVER THE YEARS.
WE'VE BOUGHT LOTS OF PROPERTY, BUILT LOTS OF FIRE STATIONS, POLICE STATION, AND WE STILL HAVE A NICE BALANCE IN OUR BUDGET.
AND IT'S PARTLY BECAUSE THE CITY COMMISSION HAS STAYED OUTTA MICROMANAGING EVERY FINANCIAL DETAIL THAT COMES ALONG.
WE'VE GOT A FINANCE DIRECTOR, WE'VE GOT A CITY MANAGER AND ASSISTANT CITY MANAGER.
MY PHILOSOPHY, WHAT I WANT OUT OF THIS TENNESSEE AND SOME OF YOU TENNIS PEOPLE MAY NOT BELIEVE IT, BUT IT'S ALWAYS BEEN MINE.
IT IS A SMALL GROUP OF RESIDENTS COMPARED TO SOME OTHER SPORTS.
BUT IF WE'RE GONNA DO IT, I WANT IT TO GROW AND BE POPULAR.
I MEAN, AND THEY SAY THEY CAN APPEAL TO YOUTH THAT THAT'S COMING OUT.
MY KIDS LOVE PLAYING TENNIS NOW.
NONE OF THEM TURN INTO WORLD CLASS TENNIS PLAYERS, BUT THEY STILL LIKE TO PLAY.
UM, I, I'VE NEVER FELT THAT WE, THE CITY IS IN THE MONEY MAKING BUSINESS.
WE PROVIDE SERVICES AND AS LONG AS WE DON'T GO INTO DEBT PROVIDE, PROVIDING THOSE SERVICES, WE DON'T LOSE MONEY ON IT.
IF WE BREAK EVEN OR MAKE A SMALL PROFIT, WE'RE AHEAD OF THE GAME
[00:40:01]
BECAUSE THE SERVICE, NO RESIDENT'S GOING TO COME TO US AND SAY, I SEE YOU LOST MONEY ON THE TENNIS PROGRAM THIS YEAR.BUT THEY WILL COME UP AND SAY, THAT'S THE CRAPPIEST TENNIS PROGRAM I'VE SEEN IN THIS COUNTY.
WHAT'S GOING ON OVER THERE? THAT'S WHAT WE'RE GONNA HEAR.
I WANT US NOT TO BE POOR DAVE OR HIS SUCCESSOR HAVING TO BE OVER THERE RUNNING A TENNIS PROGRAM.
HE WOULD BE THE FIRST TO TELL YOU THAT'S NOT HIS EXPERTISE.
WE GET GOOD PEOPLE, WE GET PEOPLE WHO KNOW HOW TO MANAGE THOSE PEOPLE AND WE HAVE A FIRST RATE PROGRAM AND IF WE MAKE SOME PROFIT, I'M FINE WITH THAT AS LONG AS WE DON'T LOSE MONEY ON IT.
THAT'S ALL I WANT OUT OF THIS.
AND THAT'S VERY SIMPLE, I THINK.
AND I, I LEAVE IT TO THE EXPERTS TO FIGURE OUT THE MONEY.
I'VE MANAGED TO BE A CITY COMMISSIONER FOR 32 YEARS WITHOUT TRYING TO MANAGE THE BUDGET.
AND IF YOU SLEEP A LOT BETTER AT NIGHT, IF YOU DO THAT, LET ME TELL YOU KIRK, DO YOU HAVE ANY UPDATES? YES.
WE KNOW THE W'S BEEN PULLED OVER OUR EYES AND IT'S NOT BEEN, THIS HAS BEEN THE MOST OPEN, ONGOING, DRAGGED OUT PROCESS I'VE EVER BEEN INVOLVED IN.
DO YOU HAVE ANY UPDATES ABOUT, UM, WHAT I HAD EMAILED, I CAN'T HEAR YOU.
I'M SORRY, BUT MY EAR IS, THIS ONE'S STILL TOTALLY BLOCKED.
I WAS ASKING KIRK IF HE HAD ANY UPDATES ON THE FACILITY IN TERMS OF THE SITE WORK AND ALL OF THAT.
I HAD EMAILED YOU A FEW QUESTIONS.
DO YOU MIND SHARING THAT AT THIS TIME? YEAH.
SO THE UH, ENVIRONMENTAL ASSESSMENT IS COMPLETE AND THE ONLY THING THAT THEY NOTED WAS THE FORMER PRESENCE OF A POND ON THAT SITE OR PART OF THE SITE.
IF YOU GO BACK OVER USE, YOU CAN SEE A POND.
SO THEY NOTED THAT POSSIBLE, UM, WETLAND INVESTIGATION THAT WOULD BE NEEDED AND, AND BRIAN DIDN'T THINK THAT IT WAS LOCATED IN A WAY THAT WOULD BE TOO IMPACTFUL WITH THAT THING.
THE GEOTECHNICAL REPORT IS BACK, NOTHING SURPRISING THERE.
A LITTLE LESS TOPSOIL, UH, THAN WHAT THEY ENCOUNTERED AT THE OH GOOD.
'CAUSE THAT WAS A PROBLEM FOR THE SOCCER.
AND THEN STONE, YOU KNOW, HITTING STONE AT, AT FIVE AND A HALF TO 10 FEET.
AND BRIAN THOUGHT WITH THE WAY HIS VISION OF HOW THE FOOTERS WOULD WORK, THAT, THAT WE MIGHT HAVE TO, YOU KNOW, BLAST THROUGH SOME STONE FOR SOME UTILITY WORK, BUT IT WOULDN'T NECESSARILY MEAN WE'D HAVE TO BE EXCAVATING THROUGH STONE FOR FOOTERS AND THAT KIND OF STUFF.
NOW AGAIN, THAT'S 10 OR 11 POINTS OVER A BIG AREA.
SO, YOU KNOW, ALWAYS, BUT NO CAVES NOT THAT WE'VE DISCOVERED.
SO ALL THAT CAME BACK IN LINE WITH WHAT WE, WE HAD BEEN THINKING OKAY, UH, THE SURVEY WORK ISN'T QUITE DONE, BUT AGAIN THAT'S JUST LOCATING EVERYTHING ON THE PROPERTY AND SLOPES AND ALL THAT KIND OF STUFF.
SO NOTHING, YOU KNOW, DETRIMENTAL THAT SAYS, OKAY, WE GOTTA TAKE A STEP BACK 'CAUSE THIS IS ISN'T GONNA WORK HERE.
OR INSTEAD OF, YOU KNOW, 13 MILLION AND NOW WE GOT, YOU KNOW, 15 MILLION JUST 'CAUSE WE GOTTA TAKE OUT FOUR FEET OF ROCK OR ANYTHING LIKE THAT.
SO NOTHING, NOTHING TO SCARE US OFF AT THIS POINT.
SO WHAT ARE THE NEXT STEPS IN TERMS OF THE CITY AND WHAT WE'RE DOING TO MOVE THE PROJECT FORWARD? THIS, I MEAN, DECIDING WHETHER WE'RE GONNA MOVE FORWARD WITH A, A PARTNERSHIP OR WHETHER WE'RE GONNA DO IT ON OUR OWN.
SO, UM, IS IT, HAVEN'T THERE, HASN'T THERE BEEN CONSENSUS THAT WE WANT TO MOVE FORWARD WHETHER WE DO A PARTNERSHIP OR NOT? HASN'T THAT BEEN CONSENSUS FROM THE GROUP BEFORE? YES, BUT THIS PARTNERSHIP HAS SOME DESIGN ISSUES IN IT THAT WE, WE WOULDN'T NECESSARILY DO IF WE WERE DOING IT OURSELVES.
SO THEN, UM, AND THAT WOULD, IN THE BUDGET FOR THIS YEAR, THE CIP WE HAVE HOW MUCH MONEY ALLOCATED 800,000 FOR THAT WOULD COVER DESIGN WORK FOR DESIGN WORK FOR MOVING FORWARD TO KEEP THE, IF THE PROJECT MOVES FORWARD RIGHT.
IN WHICHEVER WAY WITH A PARTNER, WITHOUT A PARTNER, THEN WE HAVE $800,000 OF DESIGN WORK IN THIS FISCAL YEAR, STARTING IN JULY.
AND, AND YOU BELIEVE IT'LL TAKE A YEAR TO GET DESIGN WORK AND GET EVERYTHING GOING OR LESS THAN A YEAR? WELL IF YOU FIGURE HERE WE ARE 1ST OF JUNE MM-HMM.
SO JUNE, JULY, AUGUST MM-HMM
SO THERE'S POTENTIALLY SOMETHING COMING TO YOU SEPTEMBER 1ST IF THIS IS, COMES ABOUT AS SOMETHING WE THINK IS POSITIVE IN SEPTEMBER TO AGREE TO, SO THEN YOU'RE REALLY TALKING NINE MONTHS OF A YEAR OR TWO.
SO I THINK YEAH, YOU WOULD BE THROUGH DESIGN AND MAYBE AT THE POINT OF, OF BIDDING CONSTRUCTION BY THIS TIME NEXT YEAR.
IF ALL, IF EVERYTHING FELL INTO PLACE.
SO, SO WHEN WAS THE PART WHEN WE TOOK A VOTE TO MOVE FORWARD WITHOUT A PARTNER WHEN IT HASN'T BEEN? SO, I MEAN I FEEL LIKE ALLISON OR COMMISSIONER SPEARS IS TALKING PAST THE CONCLUSION WHERE SHE SAYS THAT WE'VE MADE THE DECISION TO MOVE FORWARD WITH OR WITHOUT A PARTNER.
'CAUSE I DO NOT FEEL LIKE WE'VE VOTED TO MOVE FORWARD WITH OR
[00:45:01]
WITHOUT A PARTNER.I FEEL LIKE WE'RE PUTTING A VOTE TO AUTHORIZE THE COMMISSION TO EXPLORE A POSSIBILITY OF A PARTNERSHIP AND THAT WE AGREED TO DO SOME INVESTIGATIVE WORK TO, TO LOCK IN, YOU KNOW, SO INVEST WHAT, $800,000 SO FAR.
BUT I DO NOT FEEL LIKE WE'VE VOTED AND AGREED AS A COMMISSION TO ABSOLUTELY MOVE FORWARD THIS WHOLE PROJECT WITH OR WITHOUT A PARTNER.
I DON'T FEEL LIKE THAT'S WHAT WE'VE, UNLESS I MISSED A VOTE ON THAT, I THINK THE 800,000 IS MOVING FORWARD.
WELL 800,000 IS PUTTING IN PLACE FUNDING TO MOVE FORWARD, BUT THAT, THAT DOESN'T GET SPENT WITHOUT THE COMMISSION HAVING TO VOTE TO SPEND IT.
BUT I DON'T THINK THAT WE'VE COMMITTED TO SEE THIS PROJECT ALL THE WAY THROUGH TO OPENING A COMPLETELY STANDALONE BRENTWOOD ONLY PROJECT.
I JUST WANNA MAKE SURE AND UH, KEN, WHEN, WHEN I WAS SAYING THAT WE HAD THIS INFORMATION LAST MARCH, YOU, YOU WERE SHAKING YOUR HEAD SAYING THAT'S NOT TRUE.
BUT I MEAN, LOOKING AT SOME OF THE BIG NUMBERS, THE NUMBER YOU HAD FROM THE COMMISSION FOR REVENUE LAST MARCH WAS, UH, 1,000,007 73.
YOU KNOW, WHICH THE, A HIGH COMMITTEE CAME BACK WITH 1,000,007 85.
UM, SO A LITTLE BIT DIFFERENT.
THEY ADVISED IT UP SLIGHTLY, BUT THAT'S LESS THAN 10%.
UM, THE FACILITY COST FROM THE COUNTY WAS 12 MILLION RIGHT NOW FROM THE HIGH COMMISSION, 12.9 MILLION.
SO ESSENTIALLY WE HAD THAT INFORMATION AND THE NET REVENUE THAT THE, THE BRENTWOOD PART OF THE REVENUE THAT THE COUNTY WAS ESTIMATING WAS 3 4 9 250.
THAT HIGH PROVIDES IT UP $34,000 TO 3 83, 4 66.
SO, I MEAN, I DO FEEL LIKE WE HAD THIS STUFF WITH VERY SLIGHT REVISIONS BY THAT HIGH COMMITTEE AND WE'RE LOOKING AT THE SAME OPPORTUNITY TO DO, UH, A CONVERSATION THAT WE'RE PROPOSING TO DO WITH THE PRIVATE PARTNER.
WE, THIS, THIS IS THE SAME THING WE WERE LOOKING AT A YEAR AGO WITH THE COUNTY AND FOR THE SAME REASON.
AND WE COULD HAVE EXPLORED WITH THAT.
YEAH, IT'S OKAY IF I WASN'T, DIDN'T ITT DIDN'T JUST LAST MARCH.
IT WAS A YEAR AGO MARCH AND WE CAN CONTINUE IT'S YEAR.
CONTINUE TO DEBATE IF YOU WANT TO, BUT I THINK WHAT YOU'VE GOT, YOU'VE GOT A GOOD PROPOSAL FROM SPENCER.
WE'RE ALL AGREEING WE WANNA MOVE FORWARD.
WE'VE GOT THE FEW KEY POINTS HERE.
I DON'T KNOW WHY WE WANT TO BEAT THIS OVER THE HEAD LIKE THAT.
WELL, I'M, WE DON'T HAVE A COUNTY, WE DON'T HAVE A COUNTY PROPOSAL.
AND I THINK WE NEED TO QUIT TALKING ABOUT THE COUNTY.
WELL WE DON'T AND I JUST WANNA SAY THAT WE, I DON'T THINK WE WOULD HAVE A PATENT LOGISTICS PROPOSAL IF WE DON'T PA PASS THIS ON MONDAY.
AND I DO THINK WE SHOULD PASS IT.
'CAUSE I THINK THE POSSIBILITY OF A PARTNERSHIP, I THINK WE'RE, IS BETTER THAN NOT HAVING PARTNERSHIP.
I THINK WE'VE ALL AGREED THAT I DON'T THINK ANYTHING, BUT I JUST DON'T LIKE GOING BACK AND REVISING WHAT ACTUALLY HAPPENED IN HERE AND SAYING EITHER THAT WE'VE AGREED TO MOVE FORWARD FOR BRENTWOOD ONLY PROJECT, YOU KNOW, OR THAT WE'VE AGREED TO DO THIS WITH OR WITHOUT A PARTNER.
'CAUSE I DON'T THINK WE HAVE, AND I DON'T LIKE SAYING THAT WE DIDN'T HAVE ALL THE INFORMATION.
WE DIDN'T, WE DIDN'T HAVE RATES.
WE WENT TO MURFREESBORO, THE AD HOC COMMITTEE WENT TO MURFREESBORO, GOT UPDATED RATES, THE COUNTY THEN CHANGED THEIR RATES BASED ON THE INFORMATION WE GOT.
SO I DON'T THINK THERE WAS ALL THE INFORMATION THAT YOU HAD RIGHT THEN.
WE HAD, WE HAD MACE COME TO US AND TELL US THAT WE DIDN'T HAVE GOOD PROFORMA DATA.
NOW WE'RE SAYING WE HAD THAT DATA.
I I MEAN IT'S JUST A MIXED BAG.
SO LET'S, LET'S, LET'S CUT IT.
I KNOW YOU'VE GOTTA YET WE'VE GOT SOME FOLKS WAITING HERE.
I THINK WHERE WE'RE AT TODAY IS, IS, IS WE HAVE THIS OPTION, IF YOU APPROVE THIS ON TUESDAY, WE'LL HAVE THIS WINDOW OF TIME TO TRY TO NEGOTIATE A PARTNERSHIP WITH MR. PATTON UNDER THE GENERAL TERMS OF WHAT WE'RE TALKING ABOUT.
WE WILL HAVE, I WILL CONTINUALLY KEEP YOU UPDATED AS WE GO THROUGH THIS PROCESS.
TAKE ANY INPUT FROM ANY INDIVI IN, UH, INDIVIDUALLY FROM YOU AS WE, AS WE GO THROUGH THAT PROCESS.
AT THE END OF THIS PERIOD, WE'LL EITHER NOT HAVE AN AGREEMENT 'CAUSE BOTH PARTIES JUST AGREED WE CAN'T COME TO AN AGREEMENT OR WE'LL HAVE AN AGREEMENT TO PRESENT TO YOU THAT YOU ALL WILL VOTE YAY OR NAY ON IF AT THE END OF THIS WE DON'T HAVE AN AGREEMENT WITH PAT EITHER BECAUSE IT FELL APART OR BECAUSE THE AGREEMENT FOR THESE TYPES OF THINGS.
SO TODAY WE REQUIRE THAT THESE TYPE OF THINGS BE PLACED IN THE REAR BUILDABLE AREA OF THE LOT.
UH, SO THAT'S WITHIN THE SET, YOU KNOW, WITHIN THE SETBACKS.
AND THEN, UM, THE OTHER SPECIAL REQUIREMENT WOULD BE FOR ANY OSRD LOTS, IT, IT GOES AGAINST THEIR 40% GREEN SPACE REQUIREMENT.
SO THE LOT HAS TO MAINTAIN 40% GREEN SPACE.
UM, WE HAVE THE, THE LIGHTING, YOU KNOW, THEY CAN'T EXCEED THREE FOOT CANDLES AT THE PROPERTY LINE UNLESS THE NEIGHBOR
UM, IF IT'S LESS THAN 800 SQUARE FEET, THEN UM, IT'S JUST A MISCELLANEOUS PERMIT.
IF IT'S LARGER, THEN THEY'RE REQUIRED TO DO AN ENGINEERED SITE PLAN
[00:50:01]
TO ACCOUNT FOR DRAINAGE.UH, THAT'S ANYTHING YOU DO THE PROPERTY 800 SQUARE FOOT OR GREATER REQUIRES THAT ENGINEERED SITE PLAN AND I ALREADY TALKED ABOUT.
UM, THESE ARE, THESE WOULD BE CONSIDERED TYPE A STRUCTURES.
UM, SO WE, WE WOULD TREAT THEM LIKE, YOU KNOW, SWIMMING POOLS, UH, YOU KNOW, TENNIS COURTS, UH, SPORT COURTS, ALL, ALL THAT TYPE, ALL THOSE TYPES OF THINGS HAVE TO BE WITHIN THE REAR BUILDABLE AREA OF THE LOT.
LOT TYPE B STRUCTURES ARE THINGS THAT DO NOT HAVE TO BE WITHIN THE SETBACKS.
UM, LIKE A FOUNTAIN OR A, UM, A PORTABLE BASKETBALL GOAL THAT SOMEONE MAY PUSH UP TO THE SIDE OF THEIR DRIVEWAY IN THE FRONT YARD.
BUT THESE WOULD BE TR TYPE A STRUCTURES.
WELL, WE UNDERLINED ACT GRADE PATIOS HERE AS BEING TYPE B BECAUSE YEAH, THAT'S THE CONFUSION.
SO WE DO NOT REQUIRE AT GRADE PATIOS TO BE INSIDE THE BUILDING, IN INSIDE THE SETBACKS AT GRADE PATIOS.
BUT IF, IF THAT ACT GRADE PATIO TURNS INTO A SPORTS COURT, THAT'S AN ISSUE.
YOU KNOW, THEN TECHNICALLY IT'S SUPPOSED TO BE WITHIN THE SETBACKS, BUT IT'S ALREADY THERE, BUT IT'S ALREADY THERE.
STRIPE OFF, TAPE OFF, YOU KNOW, THOSE ARE THE, AGAIN, JUST KIND OF THE COMPLEXITIES AS YOU GET INTO THAT.
SO GETTING BACK TO THAT LIGHTING THING, WHEN NEIGHBOR GIVES PERMISSION AND THEN SAY A YEAR LATER THEY MOVE AND NEW PEOPLE COME IN.
IS IT GRANDFATHER D? CAN THE NEW PEOPLE SAY, HEY, WE DIDN'T, WE DON'T WANT THIS.
I, I DON'T THINK WE'VE HAD THAT YET.
I THINK WE'D HAVE TO CONSIDER A GRANDFATHER, WHICH I'M NOT SURE THAT'S THE BEST WAY TO DO IT, BUT THAT'S WHAT THE CODE SAYS TODAY.
IT JUST, YEAH, AS LONG AS THEY KNOW AHEAD OF TIME AND JUST IN LETTING REFER, SAY PERMANENTLY INSTALLED LIGHTS AS OPPOSED TO TAKING A COUPLE CONSTRUCTION LIGHTS BACK THERE AND PLUGGING THEM IN.
UM, I MEAN WE WOULD, IF WE HAD A COMPLAINT, WE WOULD LOOK AT IT AS LIGHTING REGARDLESS OF THE SOURCE.
YEAH, JUST A DIAGRAM IN OUR ORDINANCE THAT SHOWS THE REAR BUILDABLE AREA OF A LOT.
UM, SO YOU, YOU KNOW, YOU GOT YOUR LOT LINE THEN EUD AND THEN YOUR SETBACKS.
AND SO IT WOULD HAVE TO BE IN KIND OF THAT AREA.
HERE'S ANOTHER, THIS IS A REAL LIFE ONE, RIGHT? YEAH.
SO THIS IS THE HOUSE AND THIS IS THEIR, SO AGAIN, YOU KNOW, A LOT OF THESE, ESPECIALLY IN SOME OF THESE REBUILDS IN THE BIG FLAT ONE ACRE LOTS.
YOU GOT A LOT OF ROOM IN A, IN A REAR BUILDABLE AREA.
SO HERE'S A OUTDOOR LIVING AREA, POOL, POOL HOUSE, AND A SPORT COURT.
SO, UM, AND THE PROBLEMS OF THE FIRST WORLD
UM, REALLY IT'S THE, I JUST FIND IT SO AMUSING.
IT'S A PLASTIC AND THE WOODEN PADDLE OR HARD PADDLE.
IF YOU HAD A, IF YOU HIT IT WITH A TENNIS BALL OR IT'S MUCH QUIETER, THINK OF THE DIFFERENCE BETWEEN, I MEAN, DON'T YOU SEE THAT AS THE NEXT
IT'S NOT, UM, NECESSARILY THE, THE PEOPLE PLAYING TALK, THE LOUDNESS OF IT ALL.
IT'S, IT'S, IT'S THE, IT'S THE BALL.
IT'S THE CONSISTENT DONK OR WHATEVER IT WOULD BE.
IF YOU, UH, YOU KNOW, IF YOU, IF YOU WANTED TO, AND I'M NOT, AGAIN, WE'RE NOT ADVOCATING, WE JUST KNOW THAT THIS IS COMING AND ESPECIALLY IN COMMUNITIES LIKE OURS AND SO AWARE, BUT WHEN YOU START TALKING ABOUT, OKAY, WE'RE GONNA TRY TO REGULATE A SPECIFIC USE, WHETHER WE DO IT BY A NOISE ORDINANCE OR WHETHER WE DO IT BY PLANNING LOCATION STUFF, WHAT WE JUST SHOWED YOU, PLANNING LOCATION STUFF IS YOU CAN HAVE ONE THING THAT WE ALLOW THAT CONVERTS TO THE OTHER THING YOU'RE TRYING TO REGULATE.
AND HOW DO YOU GET INTO THAT? UH, WELL MY FRIEND, I WAS MENTIONING TO HER THAT I SAID, DO YOU EVER HAVE ANYBODY IN YOUR NEIGHBORHOOD DOING PICKLE WASH? NO.
BUT THERE IS A CHILD WHO DOES LACROSSE UP AGAINST THE HOUSE.
AND SHE SAID, BUT YOU KNOW, IT'S NO DIFFERENT THAN THE KIDS PLAYING IN THE POOL ON THE OTHER SIDE.
WELL, THAT'S WHAT, AND LIKE WE'VE TALKED ABOUT, WE'VE GOT SOME BATTING CAGES AROUND.
SO YOU GOT AN ALUMINUM BAT AND THEN THE DING, DING, DING OF THAT.
SO THIS IS JUST TRYING TO SHOW YOU RIGHT NOW FROM A NOISE ORDINANCE STANDPOINT, GENERALLY SPEAKING IN RESIDENTIAL AREAS, WE DON'T REGULATE THINGS BY VOLUME OR TYPE OF NOISE, JUST REALLY BY HOURS.
SO CONSTRUCTION, OBVIOUSLY, YOU KNOW, WE, WE DO, YOU KNOW, NOTHING BETWEEN SEVEN AND SUNSET AND NINE ON SUNDAYS.
I DON'T THINK THAT WE'VE EVER REALLY DONE A WHOLE LOT OF YELLING, ENFORCEMENT OF YELLING AND SHOUTING, BUT YELLING, IT'S IN THERE BETWEEN 11 AND SEVEN.
OH MAN, POWER TOOLS AND LAWN MAINTENANCE.
YOU KNOW, OUR, OUR TIME-BASED THING, LOUDSPEAKERS, UM, THE ONLY THING WE HAVE A DECIBEL LEVEL IS IN, IN THE ENTIRE CODE, I BELIEVE, IS WHEN IT'S COMMERCIAL SITES AFFECTING RESIDENTIAL SITES, NOT RESIDENTIAL TO RESIDENTIAL.
SO COULD IT BE SOMETHING WE EASILY ADD RESIDENTIAL TO RESIDENTIAL, OR DOES THAT GET INTO THE, WHAT YOU'RE ABOUT TO SAY WITH IT DOES A LITTLE BIT.
AND WHAT, ONE THING I CAN'T SAY YOU, I, I DON'T, YOU'RE SAYING THAT YOU CAN'T PLAY PICKLEBALL WELL, OR IF IT EX, IF, IF
[00:55:01]
IT EXCEEDS A CERTAIN DECIBEL FOR A CONTINUOUS, YOU KNOW, JUST LIKE IF SOMEBODY WERE JACKHAMMERING NEXT DOOR OR WHATEVER.AND ON A COMMERCIAL PROPERTY, IF A RESIDENTIAL, IF IT CONSISTENTLY EXCEEDS A CERTAIN DECIBEL LEVEL OVER, YOU KNOW, SO I, AND I DON'T MEAN TO SPEAK OUT OF TURN OF THESE SLIDES, BUT I CAN SAY THAT, UM, BRENTWOOD WAS DOING THE NOISE ORDINANCE UPDATE AT THE SAME TIME AS WE WERE DOING IT IN FRANKLIN.
AND THE BIGGEST ISSUE THAT WE HAD WITH DOING DECIBELS, ONE, THE DECIBEL READERS, UM, TRAINING STAFF, HOW TO USE 'EM, MAKING SURE YOU HAVE ENOUGH, MAKING SURE PEOPLE CAN EVEN COME OUT AND USE 'EM.
AGAIN, I DON'T MEAN TO SAY THE ACCURACY, BUT YES, THE ACCURACY, AND AGAIN, AS KIRK SAID, EVERYTHING ELSE IS JUST LIMITED BY A TIME.
AND TO PUT SOMETHING JUST SPECIFIC TO A DECIBELS, YOU ABSOLUTELY HAVE TO HAVE THE STUDY SHOWING WHY.
BUT IF WE ALREADY HAVE IT IN THERE AS SOMETHING WE MONITOR, WE PROBABLY DON'T SHOULD HAVE, BUT WE DON'T.
BUT IF SOMEBODY HAS A COMPLAINT FROM A COMMERCIAL SITE, THEN STAFF SHOULD ALREADY, IF IT'S IN OUR REGULATIONS AND SOMEBODY COMPLAINS ABOUT IT, THEN WE HAVE TO HAVE A WAY TO ENFORCE IT.
AND I THINK WHAT OUR ISSUE IS, IS IF YOU WERE TO TRY TO TARGET A SPECIFIC ACTIVITY, RESIDENTIAL TO RESIDENTIAL BY DECIBEL LEVELS, YOU WOULD HAVE OTHER ACTIVITIES AMPLIFIED SOUND AS THE EXAMPLE THAT WOULD BE A MUCH HIGHER DECIBEL LEVEL.
THAT YOU'RE GONNA ALLOW AT THREE IN THE AFTERNOON OR EIGHT O'CLOCK AT NIGHT THAT YOU, AND YOU'RE GONNA SAY THAT YOU CAN'T PLAY PICKLEBALL AT TWO IN THE AFTERNOON BECAUSE YOU'RE TOO CLOSE TO YOUR NEIGHBOR.
I, I'M NOT SURE HOW YOU RIGHT.
HOW YOU DEFEND AND, AND, AND THAT ONE, RIGHT.
SO CAN YOU NOT DO AN ACTIVITY BUT JUST DO THE DECIBEL LEVEL LIKE WE HAVE HERE? SO AGAIN, I THINK DIFFERENT, WELL, YOU WOULD BE PICKING EVERY, YEAH.
SO YOU NEVER HAVE, UH, AMPLIFIED MUSIC AT THE COUNTRY CLUB.
THE Y OR ANYBODY'S BACKYARD A POOL PARTY.
A POOL PARTY WITH AMPLIFIED MUSIC.
IF YOU PICK THAT, THAT, THAT'S THE, THE CONUNDRUM BETWEEN MM-HMM.
AND WHAT ELSE DO YOU THEN PICK IN, GRAB INTO THAT, RIGHT.
OR YOU, OR YOU HAVE COMPLETE INCONSISTENCY, WHICH IS I CAN PLAY MY MUSIC AT 80 DECIBELS AT THE PROPERTY LINE AT THREE IN THE AFTERNOON FROM MY SATURDAY POOL PARTY, BUT I CAN'T PLAY PICKLEBALL AT THREE IN THE AFTERNOON BECAUSE IT'S 65 DES I MEAN, WE'VE ONLY HAD ONE COMPLAINT.
I'M NOT SAYING THEY'RE NOT GONNA COME, BUT SEE HOW IT'S HANDLED IN SOME OTHER COMMUNITIES.
YOU KNOW, LET'S DON'T BE THE GROUNDBREAKER ON THIS.
LET'S, WELL, AND AGAIN, WE'RE NOT ADVOCATING THAT.
I JUST, I WOULD LIKE TO BE A SCAR OF HAIR.
I'LL THINK ABOUT IT TOMORROW WHEN THERE'S A BIGGER PROBLEM REALLY.
WELL, AND I THINK WHAT KIRK SAID WAS IT'S, IT'S NOT SO MUCH THE, THE DECIBEL LEVEL OF THE DONK, UM, THAT SEEMS TO BE OFFENSIVE TO PEOPLE'S HEARING, HONESTLY.
AND TO THEIR, TO THEIR PERSON.
SO I THINK THAT'S THE BIGGEST ISSUE IS TRYING TO DO SPECIFIC, SAY 50 DECIBELS.
WELL, YOU MAY BE OVER, YOU MAY SAY 85 DECIBELS OR WHATEVER, BUT THAT IS YOUR POOL PARTY'S GONNA BE WAY HIGHER THAN THAT.
THIS WAS THE, THE HOUR LONG PRESENTATION I SAID, AND THEN THEY TALKED ABOUT, LIKE YOU SAID, IT'S THE PLASTIC, THE PLASTIC V HITTING THE PEDAL.
I WAS JUST GONNA ADD THE SECONDARY ISSUE FROM AN ENFORCEMENT STANDPOINT IS ACTUALLY CATCHING THEM AND BEING ABLE TO MEASURE IT.
I MEAN, IF SOMEONE CALLS IN AND COMPLAINS AND WE GET OUT THERE AN HOUR OR TWO LATER, THEY MAY BE GONE OR, OR YOU PULL UP AND THEY STOP PLAYING OR YOU PULL UP AND THEY STOP.
OR IF IT'S ON THE WEEKEND, I MEAN, JUST ACTUALLY BEING ABLE TO MONITOR IT AND CATCH THEM IN PERSON IS, IS DIFFICULT ALSO.
SO, AND HOW LONG BEFORE THE PICKLEBALL INDUSTRY COMES OUT WITH A QUIET BALL, WHICH I THINK IS PART OF WHAT, AND WE'LL GET INTO THIS HERE IF WE CAN.
SO THE OTHER THING WE HAVE IN OUR NOISE ORDINANCE IS JUST KIND OF THESE GENERAL THINGS.
IT'S A CATCHALL THAT FOR THINGS WE DON'T SPECIFY, BUT THOSE ARE, THOSE ARE ALL VERY SUBJECTIVE TYPE.
CAN YOU HEAR THIS? THOSE OF YOU WHO I DON'T
SO I DON'T KNOW IF YOU'RE INSIDE YOUR HOUSE OR DO YOU HAVE TO BE KIND OF OUT? NO, YOU CAN HEAR IT INSIDE.
YOU CAN HEAR IT INSIDE YOUR HOUSE.
IF YOU'RE INSIDE, YOU CAN HEAR IT.
HOUSE SUPPOSED TO BE CLOSED TOGETHER.
I THINK IT DEPENDS ON LOCATION YEAH.
SO CORRECTLY CHRISTIAN, IF YOU CAN, AS FAR AS WHAT, WHAT YOURS.
SO AS I MENTIONED CENTENNIAL COLORADO, THEY CONSIDERED THE SAME RISKS THAT WE'RE, OR THE SAME CONCERNS THAT WE'RE TALKING ABOUT, JUST HOW TO ADDRESS IT.
WHAT DOES IT LOOK LIKE? WHERE ARE THEY? SO KIRK, YOU CAN YEAH.
SO THEY HIRED A, A NOISE CONSULTANT TO DO SPECIFIC STUDY.
WHAT THEY DID IN THE MEANTIME, THEY PUT A MORATORIUM ON ALL NEW, UM, PICKLEBALL COURTS, WHICH, UM, I DON'T, THEY, THEY DID SOME STUDIES.
THEY FELT COMFORTABLE DOING THAT, BUT THEN THEY COMMISSIONED A PARTICULAR NOISE STUDY.
[01:00:01]
HERE IS THE RECOMMENDATIONS FROM THAT NOISE STUDY.AND AS YOU CAN SEE, COMMISSIONER DENNIS, WE WERE TALKING ABOUT THE DISTANCES.
THIS LENDS US TO BELIEVE THAT IT IS VERY SIMILARLY SITUATED AS FAR AS YARD UM, SIZES, BECAUSE YOU CAN SEE 600 FEET AND BEYOND.
AND THIS IS TO THE, TO THE ADJACENT PROPERTY LINE, NOT TO THE HOUSE, NOT TO THE FRONT DOOR, TO THE PROPERTY LINE.
SO THAT WAS THE, UM, THOSE WERE THE RECOMMENDATIONS.
YOU WANNA GO TO THE NEXT ONE? SO HERE IS WHAT THEY ENDED UP ACTUALLY DOING.
THE PRO PROXIMITY TO THE RESIDENTIAL USE.
UM, SO FOR PERMANENT PICKLEBALL COURTS, ANYTHING CLOSER THAN 250 FEET TO THE ADJACENT PROPERTY LINE, THEY JUST SAID NO, ABSOLUTELY NOT.
BETWEEN 250 FEET AND 600 FEET, THEY SAID, UH, PERMIT REQUIRED.
YOU HAVE TO DO A NOISE STUDY TO SHOW IF THERE'S ANY KIND OF NOISE MITIGATION REQUIRED.
UM, AND THEN AGAIN, YOU SEE THAT TEMPORARY, ANYTHING 350 FEET OR FARTHER IS ALLOWED WITHOUT A PERMIT 350 FEET OR CLOSER, EVEN TEMPORARY OR PROHIBITED.
SO IF THE KIDS WENT OUT AND YEP.
PUT TAPE DOWN ON THE CONCRETE DRIVEWAY AND IT WAS WITHIN 350 FEET OF A MM-HMM.
NEIGHBORING LOT, THEN WE'D HAVE TO GO OUT AND SAY, YOU CAN'T DO THAT.
WE'RE NOT, I DON'T THINK WE WOULD EVER GO TO ANYTHING LIKE THIS.
AS I WAS SITTING IN THIS SESSION, I, I PULLED UP OUR GIS AND I START MEASURING AND I'M LIKE, OH GOSH, THAT TAKES OUT A LOT.
SO I'M, I DON'T, THE CONCERN IS THE, IS THE PERSON PUTTING CHALK OR TAPE ON THEIR DRIVEWAY? IT'S THE PERMANENTLY INSTALLED AND A CONSISTENT, ACTUALLY, THEIR COMPLAINTS WERE TEMPORARY COURTS AS WELL.
THAT'S WHERE THEY HEARD JUST AS MANY COMPLAINTS ABOUT THE TEMPORARY, THE KIDS SETTING UP THINGS ON THE DRIVEWAY.
WHICH THEN I THINK THOUGH, IF WE WERE TO TAKE THAT APPROACH, I DON'T KNOW, YOU'RE NOT ADVOCATING THAT, BUT LESSENS YOUR ARGUMENT TO SAY, WELL, A PERMANENT COURT AND THE NOISE FROM IT, IT REALLY ISN'T ANY DIFFERENT THAN A TEMPORARY ONE.
SO HOW DO YOU SAY ONE IS A, YOU KNOW, THAT'S THE RIGHT, RIGHT, RIGHT.
AND AGAIN, WE'RE NOT THERE YET, BUT IT, I BELIEVE IT WILL, WILL, I I DO THINK, YEAH, I'M GLAD WE'RE LOOKING AT THIS BECAUSE I THINK IT'S GOING TO BE MORE OF AN ISSUE.
I DON'T KNOW IF YOU REMEMBER ME SAYING LAST TIME, I, I MYSELF HAD A COMPANY CONTACT ME AND SOLICIT WANTING ME TO PUT A PICKLEBALL COURT IN MY BACKYARD.
AND SO OBVIOUSLY THIS COMPANY KNOWS THAT BRENTWOOD IS RIPE FOR ESPECIALLY THE LARGER LOTS FOR LARGE LOTS AND THE FINANCIAL, YOU KNOW, BRENTWOOD HAS THE INCOME, BRI RESIDENTS HAVE THE INCOME TO HAVE THESE EXTRA, YOU KNOW, BY EVIDENCE OF ALL THE DIFFERENT SPORT COURTS WE ALREADY HAVE.
AND SO I THINK WE NEED TO BE ALREADY LOOKING AT IT.
AND SO I APPRECIATE Y'ALL DOING THIS SO THAT WE HAVE ANSWERS FOR THOSE CURRENTLY COMPLAINING.
BUT ALSO IF THERE'S SOMETHING ELSE WE NEED TO DO, I, I THINK WE DO HAVE TO LOOK AT IT.
UM, AND, AND ONE THING THAT WAS ON THE SLIDE, BUT THAT I DIDN'T MENTION AND THESE ATTORNEYS REALLY PUSHED OR REALLY PRESSED THIS ISSUE, IS THAT THE NOISE STUDY WAS SPECIFIC TO, IT'S NOT LIKE WE COULD JUST COPY CENTENNIAL COLORADO'S NOISE STUDY AND USE IT FOR OUR, OUR PURPOSES.
IT WAS SPECIFIC TO THEIR CITY, TO THE LAYOUT OF THE CITY, TO THEIR TOPOGRAPHY, THE WAY SOUND ECHOES OFF OF CERTAIN TYPE OF BUILDINGS.
SO THOSE ARE THINGS THAT WOULD HAVE TO BE CONCERNED OR BE CONSIDERED IF THAT WERE, IF THAT WERE DONE SO CORRECTLY.
IF YOU WANNA, BUT THERE IS SOMETHING WHERE IT, INSTEAD OF CHAIN LINK FENCE OR WHATEVER, THERE, THERE ARE SOME WAYS PEOPLE CAN MITIGATE NOISE BY OTHER TYPES OF FENCING.
WELL, AND IT WAS INTERESTING BECAUSE ONE THING THAT HE ALSO SAID THAT WAS, UM, CONSIDERED IN THEIR STUDY IS SOME OF THE, THE FENCING AND, AND BARRIERS THAT PEOPLE USE THINKING ARE GONNA HELP ACTUALLY MAKE IT WORSE OR ACTUALLY MAKE IT MOVE OVER THE ADJACENT PROPERTY AND THEN JUST ECHO TO A PROPERTY THREE, OBVIOUSLY I'M NOT A SOUND SOUND ENGINEER, BUT CAN ECHO OVER AND MAKE IT WORSE FOR NEIGHBORS FARTHER DOWN THE STREET.
SO THAT WAS KIND OF AN INTERESTING POINT TOO.
OUR HOA REGULATIONS DEFER TO CITY ON NOISE ORDINANCE, YOU KNOW? MM-HMM.
WE, WE DON'T SAY YOU CAN'T DO ANYTHING.
WE SAY YOU HAVE TO COMPLY TO CITY ORDINANCES 'CAUSE YOU KNOW, MOST NOISE FOR YOU ALL TO EVEN WANT TO EVEN TRY TO ENFORCING.
SO WE WE'RE GONNA TOSS IT BACK OVER HERE.
SO AGAIN, WITH THE, UM, AS PART OF THEIR, AND AGAIN, THEY DID LAND USE REGULATIONS AND NOT NOISE REGULATIONS FOR THE REASONS THAT THAT WE'VE TALKED ABOUT.
THE SPECIFIC, THE SOUND, THE UM, COMPLEXITY AND INTENSITY OF THE SOUND ITSELF.
BUT AS PART OF WHAT THEY HAVE TO, WHAT RESIDENTS HAVE TO SHOW OR PROPERTY OWNERS HAVE TO SHOW WITH THE NOISE OR NOISE STUDIES THAT THEY SUBMIT TO THIS CITY TO GET THEIR PERMIT, THEY HAVE TO SHOW THAT IT'S, THE LEVEL IS NO HIGHER THAN 47 DECIBELS AT THE NEAREST ADJACENT PROPERTY THAT'S REALLY LOW'S.
UM, I THINK YOU DO NEED TO LEARN VOICE.
I MEAN, AGAIN, COMPARED TO WHAT WE MM-HMM.
SO WHAT I DIDN'T INCLUDE, AND NOW IN HINDSIGHT PROBABLY SHOULD HAVE THEY HAD A CHART OF WHAT OTHER
[01:05:01]
STANDARD SOUNDS, WHAT DECIBEL LEVELS THEY ARE.UM, I PROBABLY SHOULD HAVE PUT THAT IN THERE.
AND AGAIN, THE LIGHTING THAT THE PLAYTIME AND LIGHTING ALL HAVE TO BE LIMITED BETWEEN 8:00 AM AND 8:00 PM AGAIN, THAT WAS BECAUSE ONE EMAIL WE GOT, AND I CAN'T REMEMBER THE NUMBERS, BUT SHE DID, AND I DIDN'T VERIFY IT, BUT SHE COMPARED, COMPARED IT TO LIKE A JET ENGINE.
SO GETTING IT DOWN TO 42 IS THE OTHER BUSINESS.
SO AGAIN, KNOWING THAT, I HAVE NO DOUBT IT WILL, YOU WILL HEAR WHETHER IT'S NEXT WEEK, NEXT YEAR, TWO YEARS, WHATEVER, THERE WILL BE MORE COMPLAINTS ABOUT THIS.
UM, YOU HOPE IT'S AFTER FEBRUARY, RIGHT?
SO, UM, GET THESE PICKLEBALL COURTS FILLED AND CROOKING.
UM, AND WE WERE JOKING THAT IF WE, IF WE CAME OUT LIKE PUBLICLY AND STARTED DOING THIS, THEN ALL IT'S, WE'RE GONNA GET ACCUSED OF JUST FORCING PEOPLE TO COME TO OUR CENTER.
BUT, UH, SO I MEAN, WE'VE TALKED ABOUT, HERE'S OUR CONCERNS IS HOW DO YOU REGULATE ONE DAYTIME OR BACKYARD ACTIVITY VERSUS ANOTHER THAT'S GONNA BE AT LEAST AS LOUD, IF NOT LOUDER, YOU KNOW, TODAY.
UM, AND IF WE DID SOME THINGS, WOULD YOU APPLY THEM TO, FROM A LAND USE OR LOCATION THING, YOU KNOW, DO YOU APPLY IT TO ALL SPORT COURTS? 'CAUSE THEY CAN BE CONVERTED ONCE THEY'RE THERE.
WHAT DO YOU DO WITH EXISTING ONES? AND THAT'S ONE THING THAT THEY HAD TO KEEP IN MIND AS WELL.
SO IF YOU SAID, OKAY, UH, UH, PICKLEBALL COURT HAD TO BE SO MANY FEET FROM THE PROPERTY LINE AND THEN THEY COULD BUILD A TENNIS COURT UP TO 10 FEET FROM THE PROPERTY LINE AND THEN TWO DAYS LATER THAT TENNIS COURT BECOMES A PICKLEBALL COURT.
AND THEN JUST THE GENERAL KIND OF PRIVATE PROPERTY RIGHTS PHILOSOPHY.
AND THEN AS BOB MENTIONED, WHAT'S THE REASONABLE EXPECTATION OF ENFORCEABILITY OF ANYTHING THAT WE WOULD DO? RIGHT.
BUT I THINK IF WE HAVE SOMETHING, EVEN THOUGH WE CAN'T ENFORCE IT, THERE IS AN EXPECTATION THAT PEOPLE TRY AND FOLLOW IT.
YOU KNOW, WITH ANY OF OUR REGULATIONS, THERE'S CERTAIN THINGS WE CAN'T, I MEAN, IT'S HARD TO ENFORCE WHEN SOMEBODY HAS A BUSINESS IN THEIR HOME, YOU KNOW, YOU KNOW, I MEAN RIGHT.
BUT WE HAVE TO HAVE IT IN THE ORDINANCES.
I THINK THE BIGGEST ARGUMENT IS GOING TO BE ABOUT TELLING PEOPLE WHAT THEY CAN DO ON THEIR PROPERTY.
AND, AND I, I, IT ALL DEPENDS.
SOME PEOPLE HAVE NO PROBLEM WITH THE LITTLE NOISE, BUT IF YOU GOT A NEIGHBOR THAT'S SUPER SENSITIVE TO EVERY GET OFF MY LOAN TYPE THING, IT'S GONNA BE CONSTANT.
I JUST, I REALLY DO FEEL LIKE PEOPLE FEEL WHEN THEY SPEND THE KINDA MONEY THEY SPEND TO BUY THIS PROPERTY UP HERE, THAT IF THEY WANT TO PUT A COURT IN THEIR BACKYARD YARD, I THINK MOST PEOPLE FEEL THEY'VE GOT THE RIGHT TO DO THAT.
SOME OF IT GETS TO BE CHANGES IN, IN PRIVATE PROPERTY.
SOME OF IT GETS TO BE CHANGES IN PRIVATE PROPERTY RIGHTS BECAUSE FOR EXAMPLE, LIKE WHEN WE'RE TALKING ABOUT THIS, WE'RE TALKING ABOUT MAKING 'EM MORE RESTRICTIVE WHERE SOMEONE SAYS, YOU'RE TAKING AWAY MY PRIVATE PROPERTY RIGHT ON MY PROPERTY.
WHERE THE NEIGHBOR MAY SAY, WELL, YOU'RE TAKING AWAY MY RIGHT TO ENJOY MY PROPERTY.
BUT LIKE, YOU KNOW, A COUPLE WEEKS AGO WE WERE TALKING ABOUT CHICKEN COOPS AND THE CITIZEN COMMENTS, WHICH IS PRIVATE PROPERTY RIGHTS AS WELL.
BUT IN THAT CASE WE'RE TALKING ABOUT THE NEIGHBOR'S PROPERTY RIGHTS AS WELL AS, YOU KNOW, AND, AND MAKING A CHANGE.
SO IT'S REALLY, IT'S DEPARTING FROM THE CURRENT STATUS QUO THAT GETS TO BE A CHALLENGE.
IT'S 'CAUSE PEOPLE DON'T TYPICALLY LIKE CHANGE.
SO RIGHT HERE WE'VE GOT TWO CHANGES.
WE'VE GOT, DO WE CHANGE PEOPLE'S HOBBIES THAT MAKES AN IMPACT ON ENJOYMENT OF YOUR PROPERTY? OR DO WE CHANGE OUR NOISE ORDINANCE TO TRY TO PRESERVE THE OPPORTUNITY TO ENJOY YOUR PROPERTY, BUT INFRINGING ON WHAT YOUR NEIGHBOR CAN DO ON THEIR PROPERTY? THE PRIVATE PROPERTY RIGHTS ARE A BIG DEAL.
UH, AND THERE'S NO EASY ANSWER, ANSWER HERE.
AND, AND GO BACK TO THAT UH, HOUSE ON THE MEADOW LAKE.
I CAN SEE THEM NOT, I DON'T KNOW IF THAT WAS PERMANENTED OR NOT.
I CAN SEE THE GUY SAYING, I GOT A BIG BACKYARD.
IT BACKS UP TO THE GOLF COURSE.
I'M JUST GONNA PUT, WELL THAT'S PART OF THE CHALLENGE IS NOW IS MAKING SURE THAT THESE, WHEN THEY DO GET PUT IN, THAT THEY ACTUALLY DO, DO GET A PERMIT.
I MEAN, AS I WAS PUTTING SLIDES IN HERE AND TODD WAS LIKE, NO, I DON'T KNOW ABOUT THAT.
I MEAN WE, WE HAVE RULES ABOUT PUTTING A SWIMMING POOL WITH A FENCE AROUND IT ALL.
OH, DO WE HAVE ANY ABOUT PEOPLE STICKING A BIG OLD ABOVE GROUND YARD POOL IN THEIR BACKYARD? UM, WELL ABOVE GROUND.
WE STILL HAVE THE FENCING REQUIREMENTS.
I MEAN, JUST A BIG OLD RUBBER THING, YOU KNOW, IN THE SUMMER.
OH, NOT LIKE A KIDS THING OR SOMETHING.
IT'S LIKE, OKAY, WE HAVE RULES ABOUT FORMAL COURTS, BUT LIKE YOU SAID, PUT TAPE ON YOUR DRIVEWAY AND YOU PLAY.
[01:10:01]
THEN IT BECOMES REGULATING THE ACTIVITY OF PLAYING, IT BECOMES REGULATING THE ACTIVITY OF PLAYING PICKLEBALL RATHER THAN THE COURT ITSELF.IF YOU'RE PLAYING PICKLEBALL WITHIN A HUNDRED FEET OF YOUR NEIGHBOR'S PROPERTY LINE, THEN THAT'S THE ISSUE VERSUS THE STRUCTURE.
AND AGAIN, MY POINT IS, IS WHEN WE ALLOW OTHER THINGS THAT WE KNOW ARE LOUDER THAN THAT, BETWEEN 7:00 AM AND 10:00 PM I'M, I'M HARD PRESSED TO SAY WE GOT, YOU CAN'T PLAY PICKLEBALL, BUT YOU CAN HAVE YOUR POOL PARTY AND, AND AND, AND YOU KNOW, BLA YOUR MUSIC WITHIN REASON.
I MEAN, IF IT GOT TOO LOUD, THE POLICE WOULD COME ON.
IF YOU SAW IN THE LAST WEEK GOING VIRAL WAS A PHOTO, IF A GENTLEMAN WHO WAS REQUIRED BY HIS HOA TO PUT UP A FENCE TO SCREEN HIS BOAT, WHICH WAS PARKED ON THE SIDE OF HIS HOUSE FROM THE VIEW OF THE STREET TO PROVE A POINT, HE BUILT THE FENCE AND HE PAINTED A MURAL OF HIS BOAT PARKED IN THAT EXACT LOCATION.
SO IF YOU TAKE A SPEAKER AND YOU PLAYED AT THE IBLE LEVEL THAT WE ALLOW FOR MUSIC AND YOU PLAY THE SOUNDS OF PICKLEBALL,
YOU KNOW, I DON'T THINK GOVERNMENT SHOULD BE THE ONE, I MEAN, WE DO ENOUGH LIMITING IN TELLING PEOPLE WHAT THEY CAN DO ALREADY.
I THINK, AND I'M NOT A RIGHT WING PERSON.
I'M A VERY MIDDLE OF THE RIGHT PERSON.
WELL, ONE OTHER THING THAT I'VE DEALT WITH IN MY PAST JOB A LOT MORE THAN HERE, BUT YOU ALWAYS HAVE TO BE SORT OF AWARE OF THE STATE LEGISLATOR.
I DON'T KNOW WHAT COLORADO STATE LEGISLATOR DOES, BUT IF YOU GO A LITTLE TOO FAR HERE, YOU CAN ALWAYS HAVE A PREEMPTION AT THE STATE LEVEL.
THIS IS, I COULD SEE THAT SOMEBODY GETTING SYMPATHY IS LIKE, I CAN'T EVEN PLAY PICKLEBALL MY OWN BACKYARD IN BRENT.
YOU KNOW? I MEAN, I I THINK THAT'S A, A POSSIBILITY.
SO JUST, AND AGAIN, WE CAN COME BACK AND VISIT IT IN A LITTLE MORE DETAIL.
IF IT BECOMES MORE OF A PROBLEM, YOU WON'T HAVE TO VISIT IT AFTER NEXT YEAR.
AND IF IT DOESN'T GET TO BE TOO POPULAR AFTER 25, I'M OUTTA HERE.
SO
I MEAN, WHAT, I'M GLAD YOU SHOWED US THAT, BUT YEAH, I CAN'T IMAGINE IMPLEMENTING ANYTHING THAT THERE WERE A LOT OF JAWS DRAFT AND THE, AND THE PRESENTATION.
I BET VERY, VERY INTERESTING SHARING.
I'M GONNA HAVE TO GO TO A PICKLEBALL MATCH EVEN.
AND IF IT BOTHERS ME WITH MY BAD EARS, I DON'T, I DON'T KNOW IT.
THEY PLAYED A VIDEO OF A MATCH.
IT WAS, I I CAN SEND THE GRANDKIDS OVER TO YOUR HOUSE.
WELL, YOU KNOW, AND WE HAVE, I AMY, SHE PUT SOME TAPE ON HER DRIVEWAY.
NOW THEY'VE GOT A LARGE VEGETATED SCREEN.
TO MY KNOWLEDGE, WE'VE NEVER HAD ONE COMPLAINT ABOUT THE NOISE THERE, BUT I THINK THAT VEGETATIVE SCREEN HELPS.
UM, THEY, THEY HAD 'EM IN THE GYM AT HOLY FAMILY FOR A WHILE.
DO THEY STILL DO THAT? 'CAUSE THEY GOT, I THINK THEY DO PRESCHOOL AND IT DOESN'T BOTHER THEM.
I DON'T THINK IT BOTHERS THE KIDS
BUT AGAIN, THERE'S SOONER OR LATER THERE'LL BE ONE, WHETHER IT'S IN MIDDLE TENNESSEE OR NASHVILLE OR, BUT IT'LL, IT'LL HAPPEN.
AND WE, AGAIN, AWARENESS TODAY, UM, AND AGAIN, WE CAN LOOK AT IT, BUT IT, IT CAN GET VERY COMPLICATED TO TRY TO TARGET ONE ACTIVITY, SEND US LITTLE CONCISE EMAIL THAT SHOULD WE LIKE KIND OF THAT OUTLINES ORDINANCES AND, AND JUST SO WE HAVE IT FOR SENDING BACK FOR LIKE, LIKE THIS WHATEVER THE CURRENT IS TO SHOW IF WE GET A COMPLAINT, THIS IS THE CURRENT, I'M ASSUMING THE BRENTWOOD ORDINANCE RIGHT NOW.
THE BRENTWOOD ORDINANCE THAT YEAH, YEAH.
I MEAN REALLY IS THE CURRENT TODAY WE DON'T HAVE ANYTHING THAT WOULD ADDRESS THAT, THAT NOISE OTHER THAN THAT GENERAL YEAH.
QUICK PROJECT HAVE NICE, I THINK JUST GENERAL LIST THAT WE CAN STAY CONSISTENT WITH OUR RESPONSE FOR NOW.
I MEAN THIS WOULD BE WHAT WE'D HAVE TO GO BY.
AND AGAIN, IT'S, IT'S, YOU KNOW, VERY SUBJECTIVE AND, AND BEFORE I WOULD TAKE CARE, WANT ANYBODY TO, WHETHER IT'S POLICE OR CODES TO WRITE CITATIONS BASED UPON THIS.
AND I WANNA BE CAREFUL BECAUSE I KNOW THERE'S A LOT OF THINGS THAT WE WOULD NOT BE ENFORCING USING THIS SECTION TO ENFORCE THAT IS LOUDER TODAY THAT HAPPENS OUT THERE.
THAT'S THE DO YOU DO SOMETHING SO THAT WE CAN JUST BE CONSISTENT WITH OUR ANSWERS ON WHAT THE CURRENT AS FAR AS NOISE ORDINANCE.
I KNOW AND I THINK, LIKE KIRK SAID, I WOULD REALLY HESITATE TO SEND THIS TO YOU ALL AND YOU TELL CITIZENS THAT THIS IS AN OPTION BECAUSE NO, I MEANT LIKE THE, JUST THAT IT'S JUST A LITTLE TODAY.
HOW WOULD IT, BECAUSE NOBODY'S COMPLAINED GETTING NOISE ORDINANCE COMPLAIN HOURS, HOURS INVESTIGATED THIS WAY.
THE LIGHTING AND THE HOURS AND THIS IS HOW IT'S INVESTIGATED.
[01:15:01]
PUT SOMETHING TOGETHER.