* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. HERE WE GO. THANK [00:00:01] YOU. [Community Services Committee on January 10, 2023. ] ALL RIGHT. GOOD AFTERNOON. IT IS FOUR O'CLOCK ON TUESDAY, JANUARY 10TH, 2023. UH, THIS IS A MEETING OF THE COMMUNITY SERVICES COMMITTEE. I AM CHAIR DEBORAH MORRIS. AND WITH ME OUR COMMITTEE MEMBERS, COUNCILMAN ED MOORE, AND COUNCIL MEMBER MARGARET LUCK. AND, UM, BRIAN ENGLAND, OUR CITY ATTORNEY, AND A NUMBER OF DIFFERENT STAFF MEMBERS. SO, UM, ITEM ONE ON THE AGENDA AS APPROVAL OF MINUTES FROM THE DECEMBER 6TH, 2022 MEETING. UM, COMMITTEE MEMBERS, HAVE YOU HAD A CHANCE TO REVIEW THE MINUTES AND DO I HAVE A MOTION MOVE FOR APPROVAL? SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY. THANK YOU. SO PASSED. ITEM TWO IS DISCUSSED, RETAIL, PET STORE HEALTH INSPECTION RULES, AND, UM, WE HAD MET ABOUT THIS LAST MONTH AND HAD, UM, HAD ASKED ART MUNOZ TO COME BACK AND GIVE US SOME MORE INFORMATION. UM, COMMITTEE MEMBERS, YOU SHOULD HAVE IN FRONT OF YOU TWO SETS OF INSPECTION REPORTS FROM THE TWO RETAIL PET STORES WE ACTUALLY HAVE IN GARLAND, WHICH WOULD BE PUPPY DREAMS AND FIND A PET. AND, UM, THERE'S NOT, THERE'S NOT MANY BECAUSE THESE ARE BASICALLY, UM, ANNUAL, SO THERE'S ONLY A FEW. BUT, UM, MR. MUNOZ, CAN I HAVE YOU GO AHEAD AND COME UP THIS GOOD? YES. OKAY. SO WE DIDN'T HAVE THIS EARLIER, SO IF YOU WANNA TAKE A MINUTE, IT'S NOT HARD TO, UM, TO FLIP THROUGH IT. THE ONE, THE ONE AT THE TOP THAT SAYS, UM, 44 41 BASS PRO, THAT IS THE STORE CALLED FIND A PET, AND THE OTHER ONE THAT'S ON I 30 IS, UM, PUPPY DREAMS. SO THOSE ARE THE TWO THAT ARE CURRENTLY ACTIVE IN THE CITY. SO ART, DID YOU HAVE ANYTHING YOU WANTED TO, UM, SHARE WITH US ABOUT ANY, ANY ADDITIONAL INFORMATION FROM LAST MONTH THAT YOU WANNA SHARE WITH US ABOUT THE INSPECTION PROCESS? YES. AND WHAT YOU SEE AS A GOOD PATH MOVING FORWARD? MM-HMM. , UH, SO YOU GUYS HAVE A COPY OF THE ESTABLISHING INSPECTION REPORT. UM, AND IT GOES OVER ADMINISTRATION, ANIMAL HOUSING AREAS, AND ANIMAL CARE. UM, AND I MEAN, I COULD READ IT OFF, BUT YOU GUYS HAVE IN FRONT OF YOU THERE, UM, THAT OUR OFFICERS WILL LOOK FOR WHEN WE DO THE INSPECTIONS. ALSO, WE ALSO MAKE SURE THAT THEY ARE FOLLOWING THE CHAPTER FOUR RULES, UH, THAT WE HAVE IN THERE. AND THEN HOW MANY ANIMALS ARE THERE, UH, AND HOW, AND IF THERE'S ANY OVERCROWDING. UM, WHAT ELSE? NOW THE ONLY THING THAT IS NOT IN HERE THAT WE MAY ADD TO THE ACTUAL PERMIT, UM, IS HOW MANY INSPECTIONS THAT WE WILL DO A YEAR. UH, WHAT I RECOMMEND AT, AT A MINIMUM IS EVERY QUARTER. UM, BUT WE CAN GO, THE PERMIT STATES THAT WE CAN, UH, ARRIVE UNANNOUNCED AT ANY GIVEN TIME TO INSPECT THE PROPERTY. BUT THAT HAS NOT BEEN THE, THE NORMAL PRACTICE. CORRECT. COMMITTEE MEMBERS, DO YOU HAVE QUESTIONS? YES, I DO. UM, SO IT LOOKS LIKE ON THE ACTIVITY CARD FOR, UM, THE BASS PRO PROPERTY, UM, IT WAS KIND OF DIFFICULT TO GET AHOLD OF SOMEONE. SO THERE WASN'T ANYONE AT THE LOCATION. THERE WAS NO ONE TAKING CARE OF ANIMALS, I GUESS IS MY MAJOR QUESTION. ? YEAH. SO MY UNDERSTANDING IS THEY ARE ONLY OPEN CERTAIN DAYS AND THEY BRING THEIR ANIMALS FROM, I BELIEVE IT'S HOUSTON. UM, SO I THINK THEY'RE ONLY OPEN, AND I COULD BE WRONG, BUT I HAVE TO GO BACK AND CHECK, BUT LIKE FRIDAYS AND SATURDAYS AND SUNDAYS. OKAY. UM, I DON'T THINK THEY LEAVE THE ANIMALS THERE UNATTENDED. OKAY. YEP. THANK YOU. MM-HMM. , DO YOU KNOW FOR A FACT THEY DON'T LEAVE THE ANIMALS THERE AND HAVE SOMEONE COME IN? OR IS THAT JUST AN ASSUMPTION THAT WE THAT YEAH, THAT'S AN ASSUMPTION I BELIEVE I CAN GET WITH THE OFFICER THAT WENT OUT THERE. HE SPOKE WITH HIM, BUT THEY TOLD HIM, YOU, NO, WE DON'T LEAVE THE ANIMALS HERE. WE TAKE 'EM WITH US. UM, BUT I, WE CAN ALSO DOUBLE CHECK ON THAT. COUNCILMAN MOORE, DO YOU HAVE ANY QUESTIONS? NO, IT LOOKS LIKE IT'S, UH, PRETTY SELF-EXPLANATORY THAT, UH, SO ART, I HAVE A QUESTION. UM, AND AGAIN, I'VE BEEN GOING BACK AND FORTH BETWEEN THE WAY WE DO RESTAURANT INSPECTIONS, WHICH WE CHANGED, HAVEN'T BEEN ABLE TO REMEMBER EXACTLY WHEN LAST YEAR, YEAR BEFORE, UM, WE CHANGED [00:05:01] OUR, UM, HEALTH, OUR, OUR RESTAURANT INSPECTIONS, PENALTIES, RHYTHM, THE WHOLE, THE WHOLE THING. AND I'VE BEEN LOOKING BACK AND FORTH BETWEEN THOSE, THOSE TWO THINGS BECAUSE THEY BOTH INVOLVE, UM, THE HEALTH OF HUMANS AND IN THIS CASE OF ANIMALS. UM, OUR RESTAURANT HEALTH INSPECTIONS INVOLVE A SCORE. SO THEY GET RATED ON A WHOLE BUNCH OF THINGS. IT HAS A NUMERICAL VALUE, AND THEN THEY COME OUT AT THE BOTTOM. IT IS, THEY HAVE, YOU KNOW, AT SOME POINT THERE'S A, A PASS FAIL, BUT THEY HAVE SCORES ANYWHERE FROM REALLY APPALLING IN THE THIRTIES ALL THE WAY UP TO A HUNDRED. AND THEN IT MEANS DIFFERENT THINGS ALONG THE WAY. DO YOUR, UM, INSPECTIONS IN THIS CASE, DO THESE HAVE NUMERICAL SCORES ASSIGNED? WE DON'T. SO THIS IS A PASS OR FAIL. UM, AND THEN IF THEY DO FAIL, WHAT WE DO IS WE'LL REINSPECT AFTER GIVING THEM INSTRUCTIONS. UM, BUT THAT IS SOMETHING THAT WE CAN LOOK AT. UM, AND MAYBE I CAN COME UP WITH SOMETHING FOR YOU GUYS. UH, I'VE SPOKEN TO SEVERAL OTHER CITIES. I HAVEN'T SEEN ANYTHING AS FAR AS A POINT SYSTEM. UM, MO MOSTLY IT IS THE PASS OR FAIL. OKAY. WELL, SINCE A NUMBER OF OTHER CITIES ARE JUST TAKING CARE OF THAT PROBLEM BY BANNING THE STORY MM-HMM. FROM THE CITY LIMITS ANYWAY, UM, I WOULD PROBABLY, WHAT WE'VE DONE WITH RESTAURANTS IS WE'VE BASICALLY, BECAUSE THEY DO HAVE A NUMERICAL SCORE, WE HAVE, UM, MADE IT WHERE IF THEY, A LOT MORE INSPECTIONS IF THEY FAIL, THREE HAVE BENEATH A A, A CERTAIN ACTUALLY VERY MODEST SCORE, THREE TIMES WITHIN AN A ROLLING 18 MONTH PERIOD, THEY'RE OUT OF BUSINESS. OH, OKAY. UM, SO WITH SOMETHING LIKE THIS, UM, THAT INVOLVES THE, THE HEALTH AND WE WELFARE OF ANIMALS THAT ARE IN THE CARE OF, YOU KNOW, WITHIN OUR CITY BOUNDARIES, UM, I AM CONSIDERING SOMETHING ALONG THOSE SAME LINES. SO IF YOU KEEP GOING BACK AND NOBODY ANSWERS AND NOBODY'S THERE, OR YOU DO REPEAT, UM, I SEE THE, THE ONE THAT YOU WENT BACK QUITE A FEW TIMES MM-HMM. AND HAD TO, UH, ISSUE CITATIONS FOR THE SAME THING REPEATEDLY. UM, THEY HAD QUITE A LIST. UM, THAT'S FINE TO PET. HOW LONG HAVE THEY BEEN IN THE CITY? OH, THEY'VE BEEN HERE. I I'VE BEEN HERE THREE YEARS AND I KNOW THEY HAD BEEN THERE AT LEAST TWO YEARS PRIOR. UM, SO I, I'M FIVE, SIX YEARS AROUND THERE. OKAY. GREAT. ALL RIGHT. WELL, I'M TOYING ALONG THOSE LINES. OKAY. I WOULD LIKE TO, SO ESPECIALLY SINCE WE'VE ONLY GOT TWO, YOU KNOW, AND I WOULDN'T WANT THIS TO TRIGGER YOU HAVING TO GO TO ROACHES FEED AND SEED AND HAMSTER STORES AND FISH STORES. I, I, I DON'T WANNA THAT, THAT WILL OVERBURDEN YOUR SERVICES. SURE. BUT WITH ONLY HAVING TWO STORES AND WE ARE ON THE WAY TO CLOSING THE DOOR TO ADDITIONAL ONES OPENING MM-HMM. , UM, I WOULD LIKE TO SEE A, A GREATLY INCREASED, UM, INSPECTION CYCLE WITH A LOT OF, UM, UNANNOUNCED INSPECTIONS. AND SO I'LL FIND OUT WHAT THE REST OF THE COMMITTEE FEELS AS FAR AS HAVING NU GRANTING NUMERICAL VALUES AND THEN MAKING SOME KIND OF A THREE STRIKES AND YOU'RE OUT. OKAY. UM, OVERLAY FOR THIS. SO MOORE, OR COULD YOU SPEAK TO, UH, BECAUSE I'M, I'M SAYING THE SAME THING. UH, CAN YOU SPEAK TO WHAT YOU THINK AS IT RELATES TO THIS CONTINUALLY GOING BACK, UH, IT SEEMS THAT DURING THE MONTH OF DECEMBER, EVERY TIME THE INSPECTOR WENT OUT, THE MANAGER STATES SHE HAS THE PAPERWORK, SHE HAS THE PERMIT, BUT SHE'S BEEN TOO BUSY TO PROCESS IT. WHAT WOULD YOUR THOUGHTS BE IN THE WAY OF HOW THIS COULD BE HANDLED BETTER? WELL, I THINK IT'S GETTING WHAT THE STORE OWNERS AND COMING UP WITH A SCHEDULE. IF FIND A PET IS ONLY COMING THURSDAY, FRIDAYS AND SATURDAYS, WHAT ARE THOSE HOURS? UM, AND THEN CAN WE INSPECT THE, THE PROPERTY, THE DAYS THAT THEY'RE NOT THERE? CAN THEY MEET US UP THERE TO SHOW US THAT THERE ARE NO ANIMALS? UM, IT'S REALLY JUST WORKING WITH THEM AND GETTING A BETTER SCHEDULE AND LET 'EM KNOW THAT, HEY, WE CAN ARRIVE HERE AT ANY GIVEN TIME TO DO AN INSPECTION. AND IF YOU SAY YOU'RE OPEN BETWEEN WHATEVER HOURS, [00:10:01] THEN WE EXPECT YOU TO BE OPEN AT THOSE HOURS. SO THERE IS NO, WE'RE HERE, NOBODY'S HERE TYPE OF DEAL. UM, I THINK IT'S JUST WORKING WITH THE OWNERS ON THAT AND COMING UP WITH A BETTER SCHEDULE FOR THEM. YOU KNOW, A LOT OF TIMES WE, WE PUT EXPECTATIONS ON, UH, PEOPLE TO CARRY OUT CERTAIN ORDERS. DO YOU HAVE THE AUTHORITY WHEN THEY DON'T ADHERE TO, DO YOU HAVE ANY AUTHORITY THERE ANY POWERS WHATSOEVER TO ENFORCE, OR HOW DO WE GO ABOUT DOING THAT? HMM. UM, SO I LOOK AT WHAT OUR ORDINANCE STATES AND WHAT CITATIONS WE CAN ISSUE. UM, FOR THIS PARTICULAR CASE, BECAUSE SHE SAYS SHE WAS TOO BUSY, THEN WE ISSUED A CITATION FOR SELLING ANIMALS WITHOUT A PERMIT. UM, AND I BELIEVE WE ALSO ISSUED, UH, A CITATION FOR NOT PUBLICIZING THE PERMIT IN, UH, IN AN AREA WHERE IT COULD BE SEEN BY THE PUBLIC. UM, AND THEN, YOU KNOW, THEY SHOWED UP, UH, YOU KNOW, THE NEXT WEEK SAYING, HEY, WE HAVE EVERYTHING, YOU KNOW? SO, UM, I THINK IT'S JUST SETTING THOSE EXPECTATIONS, LETTING 'EM KNOW, HEY, IF WE DON'T HAVE THIS IN A TIMELY MANNER OR WHEN WE DO THE INSPECTION, THEN YOU ARE SUBJECT TO CITATIONS. OKAY. SO WHEN THE CITATIONS ARE ISSUED, THEN, UH, BUT IF THEY'VE COME, IF THEY COME THROUGH BEFORE IT GOES TO COURT OR WHATEVER, THEN YOU JUST STOP THE PROCESS? IS THAT WHAT WE'RE SAYING? NO, SO THAT ACTUALLY GOES TO A COURT. THEY'LL ACTUALLY SET A COURT DATE, AND THEN NORMALLY THEY'D HAVE TO SHOW UP TO COURT AND SAY, HEY, WE ACTUALLY GOT THE DOCUMENTS IN TIME, UM, BECAUSE WE ISSUE WHAT IS CALLED AN INSPECTION REPORT. AND IT SAYS, I'LL GIVE YOU AN EXAMPLE. THEY NEED TO HAVE THEIR PERMIT UP BY DECEMBER 26TH. AND IF THEY DON'T, THEN THEY'RE SUBJECT FOR A CITATION. IF THEY DO GET THE PERMIT WITHIN THAT TIMEFRAME, THEN THEY HAVE TO SHOW, COME TO COURT AND SAY, HEY, LOOK, JUDGE, I DID GET THE, UH, PERMIT WITHIN THE TIMEFRAME. AND THEY HAVE, THEY CAN DISMISS IT OR, UH, HOWEVER THEY FEEL IT'S NECESSARY IN COURT. OKAY. THANK YOU. I NEED TO PROCESS IT. GO AHEAD. WHAT ARE THE FEES AGAIN FOR THE CITATIONS? DO YOU KNOW? OOH, I DON'T HAVE THAT IN FRONT OF ME EXACTLY. UM, I DON'T KNOW IF BRIAN, YOU WOULD KNOW A RANGE MAXIMUM FINE WOULD BE $500. UM, THE, I DON'T KNOW WHAT THE WINDOW FINE IS. A WINDOW FINE IS BASICALLY JUST A, A PRESET PLEA AGREEMENT. IF YOU COME IN AND PLEAD NO CONTEST OR GUILTY, THEN WE'LL WINDOW. AND I DON'T KNOW WHAT THE JUDGE AND THE JUDGE SET THE WINDOW FINES FOR THE VARIOUS OFFENSES, I DON'T BELIEVE SET THAT AT, I WOULD SUSPECT IT'S SOMEWHERE BETWEEN 200 TO TWO 50 WOULD BE MY SUSPICION. BUT IT MAY BE HIGHER, IT MAY BE A LITTLE LOWER. I THINK, SORRY, GO AHEAD. I THINK THAT WE'RE IN A GOOD POSITION PRESENTLY BECAUSE WE ONLY HAVE TWO THAT GIVES US OPPORTUNITY TO, UH, MAKE, UH, WHATEVER CHANGES NEED TO BE MADE. AND AS, AS I'M LISTENING IT, IT SOUNDED LIKE THAT THE FINES OR THE PENALTIES ARE NOT STRINGENT ENOUGH TO STOP THE PERSON FROM THE BAD BEHAVIOR. UM, SO GOING FORWARD, DO WE NEED TO PUTS MORE TIGHTER, STRICTER PENALTIES ON THEM? OR WHAT WOULD YOU SUGGEST THERE? UM, WE CAN, I THINK THAT'S SOMETHING WE LOOK AT AND, UM, YOU KNOW, AND MAYBE THAT'S SOMETHING THAT I GET WITH BRIAN AND HIS TEAM AND SEE WHAT ALL CAN WE ISSUE CITATIONS FOR. UM, YOU KNOW, BUT YEAH, I THINK WE CAN ABSOLUTELY. OKAY. STILL PROCESSING. GO AHEAD, BRIAN. IT IS $500 MAX SET BY THE STATE, CORRECT? THAT'S CORRECT. IT'S THE MOST, THIS, THE, THAT'S THE LEGAL JURISDICTION FOR 500 MAX. OKAY. YEAH. FOR MUNICIPAL COURT. FOR THIS TYPE OF OFFENSE. YEAH. FOR THIS ISN'T, SO FOR INSTANCE, WITH OUR FIREWORKS ORDINANCE, IT USED TO BE 500, RIGHT? WE GOT THAT TO 2000, BUT THAT WAS BECAUSE IT WAS A FIRE, IT WAS A HEALTH AND SAFETY AND SPECIFICALLY RELATED TO A FIRE HAZARD. RIGHT. WHICH IS THE EXCEPTION FOR THE, THE STATE MAX ON THAT. AND I, I DON'T, DO YOU SEE ANY, ANYTHING IN THIS THAT WOULD ALLOW US INITIALING QUESTION? I WAS JUST THINKING ABOUT WHETHER OR NOT HEALTH AND SAFETY OF ANIMALS FALL UNDER THE HEALTHY AND SAFETY CODE. UM, UM, AND I DOUBT THEY DO, BUT IT'S SOMETHING I CAN LOOK AT. I WOULD APPRECIATE THAT. I WAS THINKING THE SAME THING EARLIER, THINKING BACK TO THE FIREWORKS ORDINANCE AND HOW WE MANAGE THAT. UM, HEALTH AND SAFETY OF ANIMALS, ANIMAL ANIMALS CAN CONVEY SOME THINGS TO HUMANS. RABIES, LIKE YEAH. THE, THE ISSUE IN TEXAS, IN TEXAS IS, IT'S NOT LIKE THIS IN EVERY STATE, BUT, UM, ANIMALS, PETS ARE ONLY PERSONAL PROPERTY. THEY HAVE NO EMOTIONAL VALUE WHEN IT COMES TO COURT. SO YOU CAN'T EVER RECEIVE DAMAGES OR, SO COURTS HAVE ALWAYS TREATED ANIMALS JUST AS THE [00:15:01] VALUE OF PERSONAL PROPERTY. WHAT'S THE RETAIL VALUE OF THAT PET? THAT'S WHAT MUCH THAT PET'S WORTH. SO THEY DON'T EVER CONSIDER THAT ASPECT OF IT. AND SO THEY ARE TREATED MUCH DIFFERENTLY THAN HUMAN BEINGS ARE IN TEXAS COURTS. THAT'S THE ISSUE. AND SO THAT'S THE QUESTION. I, I'M NOT SURE IF THERE'S EVER BEEN A CASE INVOLVING A HEALTH AND SAFETY CODE VIOLATION AS TARGETED TOWARD AN ANIMAL OR NOT. I SU I SUSPECT THERE HASN'T BEEN, AND THERE PROBABLY DOESN'T, PROBABLY DOESN'T APPLY, BUT I CAN LOOK. OKAY. SO EVEN DISEASE, EVEN CONVEYING DISEASE? YES. WELL, IF, IF, IF THE ARGUMENT IS, OR IF WE HAVE EVIDENCE THAT THEIR HEALTH, THEY HAVEN'T BEEN, UM, THEY HAVEN'T HAD THEIR SHOTS AND THEY'RE CONVEYING, UM, UM, DISEASE, UM, THEN CERTAINLY THAT MIGHT BE A POSSIBILITY THAT WE CAN LOOK AT A HEALTH AND SAFETY CODE VIOLATION. WE'LL JUST HAVE TO SEE. OKAY. BECAUSE IN SOME OF THESE, THEY DID NOT HAVE THEIR BABY SHOTS, OR AT LEAST THEY COULDN'T PROVE THEY DID. CORRECT. SO I'M LOOKING FOR LOOPHOLES , BUT AS AN ATTORNEY, I, I THINK YOU'RE GOOD AT FINDING THEM. SO , UM, I WOULD BE BE FINE WITH, YOU KNOW, WITHIN THE LIMITS OF WHATEVER WE'RE ALLOWED TO DO LEGALLY, UM, SEEING THOSE KIND OF, UH, CITATION AMOUNTS BUMPED UP ENOUGH TO BE PAINFUL. KEEP IN MIND THAT WITH CITATION AMOUNTS, IT'S NEITHER MINE AS THE EXECUTIVE BRANCH OR Y'ALL'S AS THE LEGISLATIVE BRANCH SET THE, UH, FINE AMOUNTS, RIGHT? THAT IS THE JUDICIAL BRANCH. AND SO THE JUDGES WILL SET THE WINDOW FINES BASED ON, THEY, WE CAN RECOMMEND WINDOW FINES AS, AS THE EXECUTIVE BRANCH, BUT THEY'LL SET IT BASED ON WHAT THEY FEEL IS A FAIR PLEA AGREEMENT. SO YOU WANT TO HAVE AN, THEY WANT TO, THEY HAVE AN INCENTIVE TO MAKE SURE PEOPLE PLEA OUT AND NOT GO TO COURT, BECAUSE COURT TIME'S VERY VALUABLE. AND, UM, UM, SO JUST KEEP IN MIND, WE CAN RECOMMEND A, A WINDOW FINE, UM, TO THE JUDGES, BUT IT'S IN THEIR PURVIEW. THEY, THEY GET TO MAKE THE FINAL DECISION ON THAT. BUT AS WITH FIREWORKS, WE DID RAISE, IT WAS BEFORE IT WAS UP TO A $500 FINE, AND IT WAS UP TO A $2,000 FINE MAXIMUM, BUT WE DIDN'T SET THE MAX. WE DIDN'T, WE DIDN'T, WE CAN'T CONTROL WHAT THE JUDGES DO. RIGHT. EXACTLY. RIGHT. AND WE SHOULDN'T, SO, OKEY-DOKE. YEAH, I WAS JUST LOOKING AT THE MAX JUST FOR RIGHT. WHATEVER GOOD IT DOES TO MAKE PEOPLE DO WHAT THEY SHOULD. AND I'LL, I'LL, I'LL LOOK AT THAT AND MAYBE WE CAN RAISE THAT UP TO A $2,000 MAX, WHICH WOULD, WHICH SEND A MESSAGE TO THE JUDGES THAT, YOU KNOW, THIS IS SOMETHING THAT, THAT COUNSEL'S TAKING SERIOUS. AND MAYBE YOU WANNA RAISE YOUR WINDOW FINE UP, SO, OKAY. ALL RIGHT. THANK YOU. UM, I'M IN CONSIDERATION OF THE, LIKE, RATING SCALE THAT YOU'RE LOOKING AT. UM, CODE COMPLIANCE HAS A SCALE WHERE IT'S LIKE, UH, THINGS ARE GROUPED INTO TIME. HOW, HOW LONG YOU HAVE TO FIX THE OFFENSE. THAT MIGHT BE SOMETHING TO LOOK AT AS WELL. UM, OKAY. IF IT'S A A, YOU KNOW, IF IT'S AN EGREGIOUS, UH, TREATMENT OF ANIMALS, WE WANT IT TO GET DONE QUICKLY. SO WHAT'S YOUR WINDOW FOR GETTING A PERMIT OR FIXING ANY OF THE THINGS THAT THEY WERE CITED FOR? SO LIKE THE ANIMAL SERVICES PERMIT WAS EXPIRED, AND THEN THEY HAD HOW LONG TO, SO IT, IT'S THE OFFICER'S DISCRETION WHEN HE GOES OUT THERE. I GUESS EVERY SITUATION CAN BE DIFFERENT. MM-HMM. . UM, AND SOMETIMES THEY'LL ISSUE HIM, HEY, I NEED TO HAVE THIS INFORMATION WITHIN ONE WEEK, TWO WEEKS, JUST DEPENDING ON WHAT THE SITUATION IN IS. USUALLY THE OFFICER'S DISCRETION. AND THEN HE'LL FOLLOW UP ON THAT DATE, AND IF HE HASN'T RECEIVED IT, THEN HE CAN MOVE FORWARD. OKAY. YEP. CAN I ASK A QUESTION? CHEER LADY? UM, ARE THESE BUSINESSES THAT WE'RE TALKING ABOUT, THE TWO WE'RE TALKING ABOUT, DO THEY, DO THEY SELL OTHER PRODUCTS BESIDES ANIMALS, BESIDES CATS AND DOGS? OR IS IT A PET STORE THAT SELLS PETS AND DOGS? OR IS IT JUST PETS AND DOGS? UH, FIND A PET, I BELIEVE IT'S JUST PETS AND DOG OR, UH, CATS AND DOGS. UM, YEAH, I'M NOT A HUNDRED PERCENT SURE ON DREAM PUPPIES IF THEY SELL MERCHANDISE AND OTHER THINGS LIKE THAT. WOULD THAT BE A SIGNIFICANT, IT WOULD IN THE SENSE OF ANY TYPE OF REVOCATION, UM, UM, PROVISION THAT Y'ALL PLACE IN THERE. BECAUSE WHAT WE WOULD NOT WANT TO DO, IF THE, SAY FOR EXAMPLE, IF IT'S A PET STORE AND THEY HAPPEN TO HAVE A, A, THEY HAPPEN TO SELL PUPPIES AND CATS. UM, WE WOULDN'T WANNA REVOKE THE CEO FOR THE ENTIRE PET STORE. WE MIGHT HAVE TO REVOKE A PERMIT FOR SELLING THE, UM, CATS AND DOGS, BUT WE WOULDN WE WOULDN'T WANNA REVOKE THE WHOLE, UM, CO GOOD POINT. ART, IS THAT SOMETHING YOU CAN FIND OUT ABOUT, SINCE AGAIN, WE'RE ONLY DEALING WITH TWO? YES, ABSOLUTELY. I'M ASSUMING WHAT WE, OUR DECISION THE OTHER NIGHT HOLDS, THEN THOSE ARE THE ONLY TWO WE WILL BE DEALING WITH. UM, ED, DO YOU HAPPEN TO KNOW IN THE ONE IN YOUR, HAVE YOU BEEN IN THE ONE IN YOUR, OKAY. IF YOU CAN FIND OUT ABSOLUTELY. IF THEY HAVE ANY BUSINESS, ANY MERCHANDISE. OKAY. THAT WOULD BE BE HELPFUL, BECAUSE THAT WOULD MAKE A DIFFERENCE WHEN WE CRAFT THIS TO PUT ASIDE THE SELLING OF DOGS AND CATS FROM THE WHOLE CO SO, WILL DO [00:20:01] QUESTION. UH, IT JUST SEEMS THAT AS I'M LISTENING TO THE CONVERSATION, THERE ARE A, A LOT OF DIFFERENT AREAS HERE IS HERE , THERE WAS AN ART. CAN YOU, CAN YOU, AND WHAT I'M THINKING IS THAT MAYBE, UH, AND MAYBE THIS IS NOT ONE FOR THE AUDIT TEAM, BUT IT JUST SEEMS THAT THIS IS ONE OF THOSE SITUATIONS THAT IT'S JUST KIND OF SO LOOSE THAT WE NEED SOMETHING THAT IS STRUCTURED TO THE EXTENT THAT IT WILL EXAMINE ALL OF THESE DIFFERENT NUANCES THAT WE'RE DEALING WITH. WOULD IT BE GOOD TO MAYBE BRING A JET IN TO MAYBE HELP US TO TAKE A LOOK AT WHAT THE PROBLEMS REALLY ARE AND TO MAYBE WOULDN'T. OKAY. ALL RIGHT. BUT IT JUST SEEMED TO ME AT THIS POINT, UH, WE, WE WE'RE JUST, YOU KNOW, WE'RE, WE'RE PULLING AT STUFF AND I DON'T THINK THAT ANY OF WHAT WE'RE SEEING RIGHT NOW IS JUST REALLY GONNA SOLVE THE PROBLEM. UH, I'D LIKE TO SEE US DO SOMETHING THAT'S GOING TO REALLY GIVE US SOME REAL DIRECTION ON WHAT TO DO WITH IT. AND SO MAYBE YOU CAN, IF JED IS NOT THE PERSON, MAYBE I, I THINK IT'S A, I THINK THE CORRECT DEPARTMENT IS ANIMAL SERVICES MM-HMM. , AND I THINK THEY'RE EQUIPPED AND, UM, ABLE TO DO THAT, UM, THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT JED'S BEEN, UM, UM, CHARGED WITH UNDER THE CHARTER. AND SO, UM, I THINK THE, TO RELY ON, UM, UM, ANIMAL SERVICE WOULD BE THE BEST WAY TO DO THIS. AND, AND YOU'RE RIGHT, THIS MAY NOT COMPLETELY SOLVE THE PROBLEM, BUT IT SURE. SOME OF THESE IDEAS, IF THEY, IF THEY WORK OUT THE WAY THAT WE'RE DISCUSSING, I THINK IT WILL SIGNIFICANT, HAVE A SIGNIFICANT IMPACT. AND QUITE FRANKLY, ONCE THEY GET TO A POINT TO WHERE A PERMIT IS REVOKED THEIR PERMIT, THE, THE TWO LEFT ONCE THEIR PERMIT'S REVOKED, UM, THEY'RE PROBABLY DONE IN THE CITY FOR THE REST OF THE TIME. SO REALLY, WE'RE TALKING ABOUT TWO SHOPS. AND I THINK THAT PERSPECTIVE IS PROBABLY IS IMPORTANT AS WE MOVE FORWARD, BECAUSE IT'S NOT LIKE WE HAVE TO MAKE A BUNCH OF CHANGES HERE, BUT WE CAN MAKE TWO OR THREE THAT ARE SIGNIFICANT ENOUGH TO WHERE WE CAN ADDRESS, UM, THE ABUSE OF ANIMALS IN THOSE TWO REMAINING SHOPS. AND DID WE NOT DECIDE AT THIS POINT THAT, UH, THESE SHOPS WILL NOT BE ABLE TO SELL DOGS AND CATS? WE DID NOT. THESE TWO ARE GRANDFATHERED. NO, NOT THESE TWO, BUT THOSE THAT COMING IN THE FUTURE. THAT'S CORRECT. WE DID DECIDE, CORRECT. WE, WE MAY, WE'VE STARTED DOWN THAT PATH. IT HAS TO GO, I BELIEVE, TO PLAN AND THEN BACK TO US. OKAY. BUT IF, IF WHAT OUR, IF OUR DECISION FROM THE OTHER NIGHT HOLDS YES, THEN YES, THERE WOULD BE NO MORE OF THESE. AND KEEP IN MIND THAT ALL OF THIS, INCLUDING WHAT Y'ALL DID THE OTHER LAST NIGHT, AND WHAT Y'ALL ARE GONNA DO HERE IN THE NEXT MONTH IN REGARD TO REGULATING, UM, CATS AND DOGS, THE LEGISLATURE IS GOING TO PASS LEGISLATION THIS SESSION THAT MOST LIKELY, I SUSPECT WILL PREEMPT US, NUMBER ONE. BUT NUMBER TWO, IT'LL PROBABLY BE PRETTY GOOD LEGISLATION BECAUSE RIGHT. THERE'S A, THERE'S A BIG ANIMAL ADVOCACY DOWN IN AUSTIN THAT HAVE BEEN TRYING TO PUSH THIS BILL. SO I SUSPECT THAT WHATEVER WE DO WILL BE UNDONE ANYWAY. BUT, UM, IT CERTAINLY DOESN'T HURT TO GET SOMETHING ON THE BOOKS. WELL, AND OUR, OUR GUESTS WHO, WHO, UH, SPOKE LAST NIGHT AND, AND SOME OF THE ANIMAL ADVOCATES THAT SHE WORKS WITH ARE, ARE SAYING THAT THEIR LOBBYISTS IN AUSTIN ARE SAYING THIS WILL NOT PASS AND IT DOESN'T HAVE ENOUGH SUPPORT. SO I DON'T THINK WE SHOULD COUNT ON THAT. SURE. WHICH IS WHY WE'RE DOING THIS. UM, YOU KNOW, YOU, YOU CLOSE AS MANY DOORS AS YOU CAN TO TRY TO BE PROTECTIVE AS AS YOU CAN. AND AGAIN, IT'S, I'M THANKFUL WE'VE ONLY GOT TWO. AND WITH OTHER CITIES CLOSING DOWN THESE BUSINESSES, IT WOULD, IT COULD EASILY HAPPEN QUITE QUICKLY THAT WE WOULD HAVE THEM POP UP ALL OVER THE CITY. SO, WELL IN SUMMARY, ARE WE SAYING THEN THAT, UH, WE'RE GOING TO BE LOOKING AT SOME TYPE OF NUMERICAL SCALE? WE'RE DISCUSSING IT, WE'RE TALKING ABOUT, UH, BEING ABLE TO INSPECT EVEN WHEN THEY'RE NOT THERE OTHERWISE? I'M LOOKING FOR NOW ALL THE DIFFERENT THINGS THAT WE'VE JUST PUT ON THE TABLE THAT NOW THE INSPECTION WHEN THEY'RE NOT THERE IS PROBLEMATIC. UM, WE CANNOT REQUIRE A BUSINESS TO HAVE CERTAIN HOURS OF OPERATION. NOW OUR INSPECTIONS SHOULD BE AROUND A SCHEDULE OF THEIR BUSINESS HOURS. AND SO IF THEY'RE OPEN ON FRIDAYS AS SATURDAYS AND SUNDAYS, IT SEEMS TO ME THAT FRIDAYS WOULD PROBABLY BE THE BEST TIME TO SCHEDULE THEM INSPECTIONS NOW, BECAUSE THAT'S THEIR REGULAR BUSINESS HOURS. THE COURTS WOULD NOT VIEW THAT AS AN UNREASONABLE INSPECTION. THEY'RE THE ONE THAT GAVE US THOSE HOURS. SURE. AND SO WE COULD CERTAINLY SCHEDULE INSPECTIONS ON FRIDAYS OR EVEN SATURDAYS IF YOU, IF YOU HAVE, UM, UM, YOUR TEAM OUT ON THE FIELD. AND SO THEY CAN CLOSE THEIR SHOP WHEN THEY WANT, BUT THEY DO HAVE AN OBLIGATION TO GIVE US REGULAR BUSINESS HOURS AND SCHEDULE. WE CAN SCHEDULE INSPECTIONS DURING REGULAR BUSINESS HOURS. SO FOR ME, AND I ALSO HAD A A PART, WHAT ARE YOU GONNA BE BRINGING BACK TO US BASED ON WHAT WE'VE SAID SO FAR? YEP. SO I'M GONNA LOOK AT A POINT SYSTEM AND I'LL PROBABLY GET WITH CODE AND HEALTH AND SEE HOW THEY UTILIZE THEIR POINT SYSTEM, UM, AND THEN COME BACK WITH BETTER [00:25:01] SCHEDULES FOR, UH, BOTH PET STORES. UH, AND THEN ALSO FIND OUT IF THEY'RE SELLING MERCHANDISE OR ANY OTHER ITEMS WITHIN THE STORE. UH, AND I'LL COME BACK AND PRESENT THAT TO YOU GUYS AND SEE IF THAT THAT WORKS OUT. OKAY. OKAY. ANOTHER THING WOULD BE, UM, COUNCIL MEMBER LUX, UM, REQUEST THAT, THAT A POINT SYSTEM AND AND INSPECTION SCHEDULE WOULD INCLUDE A TIMELINE SIMILAR TO CODES. YES. AND, AND LIKE FIRE TO SAY THIS IS A CRITICAL VI SAFETY VIOLATION. YOU'VE GOT 24 HOURS, WHATEVER, UM, A TIMELINE FOR THE SEVERITY OF THE, UM, ISSUES. YOU MENTIONED QUARTERLY INSPECTIONS AND, AND THAT, THAT AGAIN SOUNDS GOOD AS LONG AS THE, THE ONCE A YEAR WOULD BE PLANNED AND THE QUARTERLY ONES WOULD BE UNANNOUNCED. UNANNOUNCED AND NOT THE SAME EVERY YEAR. I ASSUME YOU COULD SPEAK SOMEWHAT RANDOM DURING THEIR BUSINESS HOURS MM-HMM. . UM, IF THEY, IF THEY ARE IN VIOLATION, WHAT WOULD THE NORMAL POLICY BE FOR FOLLOW FOLLOW-UPS? I MEAN, AND THAT AGAIN, IF IT'S, IF IT'S A CRITICAL OR SICK ANIMAL OR SOMETHING REALLY APPALLING, WOULD YOU BE BACK IN LIKE 24 HOURS, 48 HOURS? WE'D LIKE TO, I GUESS WHAT SAY IT WOULD BE GOOD TO HAVE A, SOME KIND OF A PLAN AND SCALE. OKAY. I CAN COME UP WITH THAT. OKAY. ABSOLUTELY. BECAUSE I KNOW WE DO THAT WITH THINGS WITH FIRE STUFF. WE, AND WITH, UM, RENTAL INSPECTIONS AND THINGS LIKE THAT, WE'RE, AT LEAST WE PLAN, WE, WE TRY TO WE PLAN TO, IT'S ON OUR, IT'S ON OUR, YOU KNOW, SCHEDULE. UM, YEAH. AND IF, UH, I WOULD LOVE TO SEE SOMETHING WHERE LIKE, UH, WITH RESTAURANT INSPECTIONS, WE DO HAVE SOMETHING THAT BELOW THIS IS A FAIL MM-HMM. , AND I WOULD, I'M STILL A BIG FAN OF SAYING, YOU KNOW, IF YOU FAIL THREE TIMES IN 18 MONTHS, YOU EITHER LOSE YOUR RIGHT TO DO BUSINESS OR YOU LOSE YOUR LI RIGHT. TO SELL ANIMALS DEPENDING ON WHAT YOU FIND AS FAR AS MERCHANDISING IN THOSE STORES. GOT IT. UM, ABSOLUTELY. COMMITTEE, IS THERE ANYTHING ELSE THAT WE'VE MISSED IN ASKING HIM TO COME BACK WITH THESE THINGS? THINK OF ANYTHING ELSE? UM, NO, BUT I JUST WANTED TO SAY, LOOKING THROUGH THESE ACTIVITY CARDS, UM, THANK YOU AND THANK YOU TO YOUR OFFICERS FOR THEIR DILIGENCE. UM, I, THEY OBVIOUSLY WORKED VERY HARD TO MM-HMM. , YOU KNOW, GIVE US THIS INFORMATION AND, AND TAKE CARE OF THE PET STORE. SO ABSOLUTELY. THANK YOU. APPRECIATE THAT. MM-HMM. . ALL RIGHT. THANK YOU ALL. YES, SIR. APPRECIATE IT. ALL RIGHT. SO WE'LL JUST LOOK TO HEAR FROM YOU. OKAY. UM, NEXT MONTH WITH THIS, AND BRIAN, YOU ARE GONNA LOOK AND SEE ABOUT, UM, MAXIMUM FINES AND WHETHER DOGS AND CATS MIGHT SLIDE UNDER THE, UH, HEALTH. OKAY. THANK YOU. THANK YOU. ALL RIGHT. ITEM THREE IS DISCUSSED MULTI-FAMILY PROPERTY AC REQUIREMENTS, AND I THINK RICK IS OVER THERE, ALTHOUGH I CAN'T SEE HIM. THERE YOU ARE. YOU'RE HIDING BEHIND THESE TALL, TALL CHAIRS STANDING BEHIND BRIAN . THAT WAS REALLY GOOD. SOMEBODY GOTTA DO THAT. . YEAH, SOMEBODY'S GOTTA DO THAT SINCE HE WON'T . YEAH. OKAY. WELL, THANK YOU MADAME CHAIR COUNSEL. UH, RICK BARKER, CITY OF GARLAND CODE COMPLIANCE AND LANCE POLLSTER HOUSING STANDARDS MANAGER CODE COMPLIANCE. NO, WE APPRECIATE BEING HERE AGAIN TODAY. UM, JUST TO RECAP WHAT WE DID LAST MEETING IN DECEMBER, UH, WE BROUGHT FORWARD SOME, UH, COMPARISONS TO OTHER CITIES, UH, AS FAR AS OUR AIR CONDITIONING REQUIREMENTS. UH, AND THEN I THINK WE WERE ABLE TO ANALYZE THOSE AND REVIEW THOSE. AND THEN WE, WE TALKED ABOUT OUR CURRENT ORDINANCE THAT WE HAVE AS FAR AS SOME OF THE AIR CONDITIONING REQUIREMENTS AND THINGS OF THAT NATURE. UH, WE, WE DISCUSSED PRETTY MUCH THREE AREAS THAT WE COULD, WE COULD CHANGE AND, AND REVISE OUR ORDINANCE. AND I THINK IT WAS AT THAT TIME IT WAS ACCEPTED. UH, AT THAT PARTICULAR TIME. BRIAN HAS DRAFTED A, AN ORDINANCE, UM, DO THEY HAVE A COPY? YES, THEY DO. OKAY. AND SO, UH, WE, WE, AS A DEPARTMENT, WE REVIEWED THIS ORDINANCE AND IT LOOKS, LOOKS VERY FAVORABLE, IS EXACTLY WHAT WE TALKED ABOUT. SO, UH, WE REALLY DON'T HAVE ANY, ANY QUESTIONS OR CONCERNS ABOUT IT. UH, JUST TO RECAP, UM, ONE OF THE AREAS THAT WE DECIDED WE COULD, WE COULD IMPROVE ON WAS THE LENGTH OF TIME, UH, OF REQUIREMENT AND OF ENFORCEMENT FROM CURRENTLY TO, FROM 72 HOURS TO 24 HOURS. UH, WE, WE CURRENTLY, UH, COULD DO THAT BY POLICY, BUT IT WAS, IT WAS, IT WAS MENTIONED TO GO AHEAD AND PUT THAT IN THE ORDINANCE JUST TO MAKE THAT, UM, A LITTLE BIT MORE ENFORCEABLE. UH, AND THEN ALSO, UH, UH, THE ADDITION OF, UH, SOME ACCOMMODATIONS, SPECIAL [00:30:01] ACCOMMODATIONS SUCH AS WINDOW UNITS. UH, AND THEN IF, IF THE WINDOW UNITS WEREN'T AVAILABLE IN THAT TIME PERIOD, UH, THEN WE COULD REQUIRE THE, UH, THE APARTMENT COMPLEX MANAGEMENT TO PROVIDE SPECIAL ACCOMMODATIONS TO RESIDENTS BY, UH, HOTEL MOTEL, UM, RELOCATION, UH, AT THE OWNERSHIP'S EXPENSE. UM, AND THEN ALSO TO REMOVE ANY OF THE PROHIBITION OF, UH, ALLOWING WINDOW UNITS. UM, SO, UH, I THINK THOSE WERE THE THREE AREAS THAT WE REALLY TALKED ABOUT THAT WE COULD REALLY IMPROVE. AND, AND, UM, AGAIN, I THINK BRIAN DID A, A REAL NICE JOB, UM, DRAFTING THIS. AND WE'RE, WE'RE VERY, UH, COMFORTABLE WITH IT. UH, AND THAT'S, THAT'S WHERE WE ARE TODAY. SO I'D BE GLAD TO ANSWER ANY QUESTIONS OR ADDITIONAL COMMENTS, UH, THAT YOU MAY HAVE. AND I WOULD LIKE TO ADD THIS TOO. UM, WE CAN CERTAINLY, UH, COMMUNICATE WITH THE, UH, THE MULTIFAMILY COMMUNITY. UH, WE, WE TAKE PRIDE IN HAVING THAT RELATIONSHIP WITH THEM. UH, WE CAN CERTAINLY BRING THIS FORWARD, UH, AND, AND COMMUNICATE THESE CHANGES IF IT GETS PASSED BY COUNCIL. UM, AND WE CAN CERTAINLY, UM, START A, A MARKETING CAMPAIGN, UH, COMMUNICATION CAMPAIGN WITH THEM, UH, TO LET THEM KNOW, UH, THAT THESE, THESE, UM, REVISIONS ARE, ARE COMING, UH, SOON AND, AND, UH, WHEN, WHEN THEY DO GET DRAFTED INTO ORDINANCE. SO WE CAN CERTAINLY START THAT, UH, REALLY QUICKLY. AND, AND NOW'S THE TIME, UH, WITH THE, WITH, YOU KNOW, WITH WINTER UPON US, AND THEN IN THE SPRINGTIME AND THEN, UH, THE, THE MAY TIME PERIOD FOR THAT, UH, THE TEMPERATURE ZONE, UH, TO KICK IN AND, AND ON MAY 1ST. SO I JUST WANTED TO, UH, ADD THAT AS WELL. UH, DO YOU HAVE ANY COMMENTS, QUESTIONS? YES. UH, BRIAN, COULD YOU, UH, JUST BRIEFLY TAKE US THROUGH IT? SURE. UM, THERE WAS A COUPLE OF CHANGES THAT WE'VE MADE TO THE CURRENT ORDINANCE. ONE OF THOSE CHANGES, IF YOU'LL SEE IN SECTION ONE OF THE, UM, ORDINANCE THAT I PROVIDED THE COMMITTEE, AND THAT'S RELATED TO SUBSTANDARD PREMISES. AND CURRENTLY THE, UM, FAILURE TO MAINTAIN THE AIR CONDITION. UM, THE MULTIFAMILY AIR CONDITIONING IS NOT CONSIDERED A SUBSTANDARD PREMISE. AND THE REASON THAT'S IMPORTANT IS SUBSTANDARD. ONCE SOMETHING IS LABELED TO SUBSTANDARD PREMISES, THEN WE HAVE THE ABILITY TO, TO HAVE A LOT OF LEGISLATIVE OR, UM, UM, ENFORCEMENT OPTIONS THAT WE WOULD NOT OTHERWISE, INCLUDING THE RIGHT TO GO AND GET A WARRANT TO DO SEARCHES AND TO ACTUALLY GO IN AND ULTIMATELY, UM, UM, WHERE NEEDED TO GO IN AND RAISE THE FINES, FINE AMOUNTS, AND ALSO, UM, UM, GET INJUNCTIONS FOR THEM IN DISTRICT COURT BECAUSE THEY'RE SUBSTANDARD. THAT'S THE MOST, THAT'S PROBABLY ONE OF THE MORE IMPORTANT THINGS THAT WE DID WITH THIS PIECE OF LEGISLATION. THE SECOND THING THAT WE DID IS WHO ESTABLISHES THAT SUBSTANDARD? IT'S, IT'S BY DEF, Y'ALL DO, IT'LL BE BY DEFINITION. AND SO IF THEY VIOLATE SECTION TWO, THE PROVISIONS OF SECTION TWO IN THIS ORDINANCE, IF THEY VIOLATE THOSE, THEN AT THAT POINT IT BECOMES A SUBSTANDARD PREMISES. OKAY. UM, AND IF YOU FLIP OVER TO PAGE TWO, YOU'LL SEE THE MECHANICAL REQUIREMENTS AND THE CHANGES WE MADE TO THE AIR CONDITIONING. AND THERE'S A COUPLE OF THEM THERE THAT YOU'LL SEE. AND, UM, UM, ONE IS THE DATE FROM MAY ONE TO THROUGH OCTOBER ONE, THAT'S A SLIGHT EXTENSION BECAUSE WE'RE TAKEN TO ACCOUNT THE HEAT THAT WE'VE EXPERIENCED IN SEPTEMBER OVER THE LAST, UM, UH, 10 YEARS. UM, WE DID SET IT, IT SET THE TEMPERATURE OF 81 DEGREES. I KNOW THERE WAS A DISCUSSION LAST TIME, HOW DID WE REACH THAT NUMBER? UM, AND WE DID SOME RESEARCH ON THAT. AND THE TRUTH IS WE DON'T EXACTLY KNOW HOW WE GOT TO THAT NUMBER, BUT, UM, IT'S NOT, IT'S NOT UNREASONABLE. IT'S KIND OF IN THE MIDDLE OF WHAT OTHER CITIES ARE DOING. UM, WE, WE SUSPECT THAT IT SOMEHOW, AT ONE POINT IT WAS TIED TO THE, UM, UM, NURSING HOME, UM, UM, REQUIREMENTS, BUT THAT'S NOT THE CASE ANYMORE. NURSING HOME REQUIREMENTS ARE ACTUALLY MUCH LOWER THAN THAT. IT'S, I BELIEVE THEY'RE IN THE HIGH, IN THE HIGH SEVENTIES. UM, UM, AND SO THAT'S, THOSE ARE TWO THINGS THAT I WANNA DRAW Y'ALL'S ATTENTION TO. THE SECOND THING IS, UM, THE 20 DEGREES BELOW, UM, UM, AMBIENT TEMPERATURE OF OUTSIDE AMBIENT TEMPERATURE. AND SO FOR ANYTHING OVER 101 DEGREES, WE RECOGNIZE THE FACT THAT, UM, UM, IT'S DIFFICULT FOR AIR CONDITIONERS TO KEEP UP WITH HOT WEATHER. AND SO IF IT GETS ABOVE 101 DEGREES, AN AIR CONDITIONER'S GONNA HAVE A HARD TIME, UM, UM, GETTING THE TEMPERATURE OF THE APARTMENT, UM, TO 82 OR TO 81. AND SO WE RECOGNIZE THAT, SO YOU HAVE THE 20 DEGREES BELOW OUTDOOR AMBIENT TEMPERATURE. UM, AND ALSO, UM, IF YOU GO TO SUBSECTION C, YOU'LL SEE SOME OF THE MORE SUBSTANTIVE ITEMS THAT WE'VE ADDED THAT ARE REQUIREMENTS OF THE PROPERTY OWNER. AND IF YOU GO TO SUBSECTION C, UM, SUBSECTION ONE, UM, NUMBER ONE, THERE'S A REQUIREMENT THAT EACH DWELLING HAVE A REFRIGERATOR, UM, A WINDOW AIR UNIT THAT'S CAPABLE [00:35:01] OF MEETING THE AIR CONDITIONING REQUIREMENTS WE JUST DISCUSSED. BUT NUMBER TWO ALSO, THAT, UM, UH, UM, IF THERE IS A PROBLEM AND THERE ARE NO AIR CONDITION, UM, UM, UNITS AVAILABLE, THEN, UM, UM, NO REFRIGERATED WINDOW AIR UNITS THAT ARE AVAILABLE, THEN THEY HAVE TO PROVIDE, UM, HOUSING, UM, HOTEL MOTEL ACCOMMODATIONS, UM, WITHIN 24 HOURS TO THEIR RESIDENCE AT THE MANAGEMENT COMPANY'S EXPENSE. AND THEN NUMBER THREE IS REALLY JUST, OKAY, WHAT HAPPENS IF YOU HAVE AN APARTMENT COMPLEX OF 200 UNITS, 150 UNITS? IT'S GONNA BE HARD TO COME UP WITH 150 UNITS. THE AIR CONDITION, I, I KNOW THERE'S RENTAL, UM, COMPANIES THAT ARE DESIGNED FOR, FOR THIS TYPE OF THINGS, BUT SOMETIMES THAT'S A BIG ORDER. SO NUMBER THREE GIVES THE OPTION OF, OF, UM, OF THE TENANTS OF BRINGING THEIR OWN WINDOW AIR UNITS IN AND PLACING THEM IN THE WINDOW DURING THOSE TIMES IF THEY'RE NOT AVAILABLE, UM, UM, BY THE MANAGEMENT COMPANY. AND THOSE ARE THE BIG CHANGES, UM, THAT YOU'LL SEE WITH THIS PARTICULAR ORDINANCE. IS THE PROPERTY OWNER MANAGER MANAGEMENT COMPANY RESPONSIBLE FOR PAYING FOR THOSE WINDOW UNITS THAT THE OCCUPANTS BRING IN AS WELL? UH, IT DOES NOT ADDRESS THAT. UM, UM, AND SO IT DOES NOT ADDRESS THAT IF THEY SHOULD IT OH, GO AHEAD. SHOULD IT, THEY CERTAINLY COULD. WE COULD CERTAINLY MAKE 'EM CREDIT THAT EITHER PAY FOR IT OR CREDIT IT ON THEIR, I MEAN, WE COULD CERTAINLY MAKE 'EM PAY FOR THAT. THAT'S WHAT Y'ALL WOULD SEEM LIKE WE SHOULD. OKAY. AND WHAT'S THE CONSEQUENCE IF THE MANAGEMENT COMPANY DOES NOT, UH, PROVIDE, UM, RE UH, REFRIGERATED AIR UNITS TO ALL 200 OR HOWEVER MANY? IT'S A, IT'S A, IT'S A VIOLATION FOR EACH ONE THAT THEY DO NOT PROVIDE. AND SO YOU'RE LOOKING AT SUBSTANTIAL FINE AT THAT POINT. SO IT'S FOR EVERY, EVERY DWELLING UNIT THAT DOES NOT HAVE ONE, THAT WOULD BE A SINGLE VIOLATION. OKAY. AND WHAT IS THAT? UM, WHAT IS THAT FINE, THAT WOULD BE, UM, IT WOULD FALL UNDER HEALTH AND SAFETY, SO THAT WOULD BE A MAXIMUM FINE OF 2000 PER SECOND OFFENSE. ALRIGHT. OKAY. AND YOU MENTIONED A MINUTE AGO THAT THERE WERE, THERE WERE, UM, COMPANIES THAT PROVIDED REFRIGERATED AIR UNITS. I LOOKED FOR ONE. THERE SHOULD BE ONE. I'M TEMPTED TO START ONE. OH, THERE'S NOT ONE THAT I HAVEN'T FOUND ANY. DO YOU KNOW OF ANY THAT ACTUALLY PROVIDE THAT SERVICE? ARE YOU TALKING ABOUT LIKE THE THE CHILLER UNITS? WELL, OR JUST IN WINDOW UNITS, PORT PORTABLE AIR CONDITIONING PULLING UP TO EQUIP A, UH, 200 UNIT APARTMENT COMPLEX TO CENTRAL CHILLER UNITS DOWN. YES. IN, IN THE PARTS. YEAH. THERE, THERE IS A 60 YEARS, THERE IS A COMPANY LOCATED IN GARLAND CALLED INTECH. OKAY. UH, AS A MATTER OF FACT, WE HAD THEM COME TO OUR ANNUAL MULTI-FAMILY MEETING, UH, TO GIVE A PRESENTATION. UH, AND IT WAS VERY WELL RECEPTIVE AND VERY WELL DONE. UH, JUST TO GIVE THEM, JUST TO GIVE PROPERTY OWNERS AND MANAGERS TIPS ON HOW TO MAINTAIN THEIR SYSTEMS AND JUST EDUCATE THEM ON THEIR SYSTEMS. AND SO, UH, BUT THERE, THERE IS, THERE IS COMPANIES THROUGHOUT THE METROPLEX THAT, THAT DO THAT I KNOW, AND THEY ACTUALLY COME AND BRING INDIVIDUAL UNITS TO PUT THROUGH A BIG CHILLER UNIT. THEY'LL BRING 'EM IN ON A, A BACK OF AN 18 WHEELER TRUCK OR A TRAILER AND THEY'LL PARK 'EM IN A PARKING LOT. AND, UH, THEY CAN DO THAT. THEY'RE, THEY'RE, THEY'RE RATHER EXPENSIVE AND IT MAY BE CHEAPER TO DO THAT THAN, THAN BUY INDIVIDUAL UNITS. WE'VE, WE'VE HAD MULTI-FAMILY PROPERTIES DO IT BOTH WAYS. UH, THIS PAST SUMMER WE HAD ONE COMPLEX THAT WENT OUT AND BOUGHT A HUNDRED AND HUNDRED TO 150 WINDOW UNITS. MM-HMM. THEY MADE THREE TRIPS TO HOME DEPOT AND THEY BASICALLY BOUGHT EVERYTHING THEY HAD. SO THEY DO YOU, AS FAR AS THE INTAKE, THOSE COMPANIES, THEY PROVIDE THE, THE LARGE COMMERCIAL TEMPORARY CHILLER TYPE UNITS. IT WORKS FOR ME AS LONG AS THERE IS A, HOW DO YOU GET A HERE, GET THERE FROM HERE? SO I PUT MYSELF AS AN OWNER OF A 200 UNIT MULTI-FAMILY COMMUNITY AND THE 60 YEAR OLD CHILLER GOES DOWN AND THE PARTS HAVE TO BE MADE BY, YOU KNOW, ELVES, UM, IN SOME OTHER STATE OUT OF NOTHING. AND I MEAN, WE, WE SAW SOME OF THIS WITH PLUMBING PARTS LAST, YOU KNOW, IN FEBRUARY 21 WHERE WE HAD PLUMBERS DRIVING THREE STATES AWAY TO FIND PARTS NEEDED, UH, PLUMBING PARTS TO FIX WHEN ALL THE PIPES WENT OUT. SO I, I HAVE SOME SYMPATHY IF THERE IS EXACTLY, HAVING SOMETHING LIKE THAT, HAVING IT READILY AVAILABLE, HAVING IT HERE EASES MY MIND ABOUT, UM, HAVING A REQUIREMENT TO THAT LEVEL. SO IT'S, I'VE HEARD OF INTECH. I DIDN'T REALIZE THAT WAS PART OF WHAT THEY DID. SO, AND, AND [00:40:01] THEY'RE IN GARLAND AND I LIKE THEM. THEY'VE JUST BECOME ONE OF MY FAVORITES. OKAY. UM, A COUPLE THINGS ON, AND THANK YOU FOR YOUR WORK ON THIS BRIAN. A COUPLE THINGS THAT CAUGHT MY EYE IN READING THIS, UM, IN THE SECTION FIVE AIR CONDITIONING, WE'RE USING REFRIGERATED AIR EQUIPMENT AND I'M FINE WITH THAT. A COUPLE THINGS, UM, SOME LINES DOWN, UH, MUST BE CAPABLE OF MAINTAINING THE INSIDE OF THE DWELLING UNIT OR LODGING ROOM AT A COMFORTABLE TEMPERATURE ZONE. MOST OF THE OTHER CITIES, UH, IN JUST GLANCING AT THINGS THIS MORNING, THEY'RE NOT USING COMFORTABLE. AND I DON'T REALLY KNOW THAT THAT ADDS ANYTHING TO THIS CUZ IT'S NOT COMFORTABLE TO BE AT 81 DEGREES. UM, DO WE NEED IT TO BE COMFORTABLE? WHERE IS THIS? I'M, I'M SORRY I'M MISSING, UH, D FIVE. IT DOESN'T HAVE TO, I MEAN, THAT'S JUST THAT WORD WOULD MEAN NOTHING LEGALLY, QUITE FRANKLY. RIGHT. AND SO YEAH, IF YOU DON'T WANT THAT, I, I WOULD RATHER SEE THAT STRICKEN. UM, I DON'T, I DON'T SEE IT. WHERE IS IT? D FIVE PAGE TWO, A FIVE A AT THE TOP, AND IT'S THREE, THREE LINES UP FROM THE BOTTOM OF THAT PARAGRAPH. AND I THINK IT'S PROBABLY SCATTERED THROUGH HERE. AND THAT'S A, THAT'S A SMALL THING, NOT A LEGAL THING, BUT I JUST THOUGHT THAT CAME UP LAST TIME WHERE PEOPLE SAYING, OH, THAT'S NOT COMFORTABLE. NO, IT'S NOT. SO WHY ARE WE PUTTING THAT IN THERE? UM, THE 81 DEGREES VERSUS 85, I, I UNDERSTAND IT SPLITS A DIFFERENCE BETWEEN 78 AND 85. MOST OF THE OTHER CITIES ARE AT 85. AND JUST IN, IN GENERAL, I LIKE TO, A LOT OF APARTMENT OWNERS OWN APARTMENTS IN DIFFERENT CITIES. SO MY PREFERENCE WOULD STILL TO MAKE BE TO MAKE THIS MORE CONSISTENT WITH THE REST OF THEM. I THINK WE'RE THE LONELY LITTLE 81 DEGREE PEOPLE IN THE METROPLEX . SO I WOULD PREFER TO SEE THAT BE 85. I DON'T THINK THAT SIG IS SIGNIFICANTLY LESS COMFORTABLE THAN 81. BUT, UH, COMMITTEE, THAT'S UP TO YOU. THAT JUST STRIKES ME. 81 IS A WEIRD NUMBER, BUT PURDUE 85 WILL WE'LL NEED TO, TO RAISE THE, UM, AMBIENT, OUTSIDE AMBIENT TEMPERATURE TO 1 0 5. RIGHT. IT WOULD BE A 2020 DEGREE DIFF AND I, YOU KNOW, THIS ISN'T, UM, IT'S NOT A HILL I'M GONNA DIE ON. I JUST, I LIKE HAVING THINGS STANDARDIZED WHEN I CAN. OTHER QUESTION, WHAT IS THE PURPOSE OF US ONLY MAKING THIS BE LIMITED, UM, ON THE CALENDAR FROM MAY 1ST THROUGH OCTOBER 1ST, WE TALKED ABOUT EXTENDING IT OCTOBER 31ST AT THE LAST MEETING, BUT WHAT IS THE POINT OF US PUTTING DATES ON IT ANYWAY? WHY DO WE DO THAT? BECAUSE ANYTIME YOU PASS THE LEGISLATION, SPECIAL LEGISLATION LIKE THAT, YOU HAVE TO HAVE A RATIONAL BASIS. AND IN THIS CASE, THE RATIONAL BASIS, THAT'S THE HOTTEST TIME OF THE YEAR FOR TEXAS, UH, BETWEEN THE MONTHS OF MAY AND OCTOBER. REALLY BETWEEN JUNE AND OCTOBER. UM, AND SO WE'RE ALREADY PUSHING THAT FROM THE OUTSIDE. AND SO THE CHALLENGE WOULD BE IF FOR SOME REASON SOMEBODY COMPLAINED BECAUSE THE TEMP, THE AIR CONDITION WENT OUT IN NOVEMBER MM-HMM. AND THE TEMPERATURE WAS 86 INSIDE AND THE AIR CONDITIONER IS OUT, IT'S, IT'S THE MIDDLE OF NOVEMBER AND, UM, IT, IT'S MORE DIFFICULT TO DEFEND THE RATIONAL BASIS FOR IT, FOR DOING IT AT ALL TIMES OF THE YEAR. CAN I, CAN I SPEAK TO THAT AS WELL? MM-HMM. . SO ALSO ON THE, THE COMPOUNDS WE'RE TALKING ABOUT, THE ONES THAT HAVE THE BIG CHILLER SYSTEMS, THEY HAVE TO ACTUALLY BE SWITCHED OVER FROM HEATING TO COOLING AND COOLING FROM HEATING. AND IT'S PRETTY MUCH A ONE TIME SWITCH. THEY HAD TO CALL OUT CONTRACTORS, MAKE SURE EVERYTHING IS SWITCHED OVER IN TIME, AND THEY KIND OF SET THEIR CALENDAR BY THAT OCTOBER ONE DEADLINE MORE OR LESS. UM, SO THEY CAN'T REALLY SWITCH BETWEEN, BETWEEN THE TWO. RIGHT. RIGHT. AS, AS THE BIGGEST, LET'S SAY THE BIGGEST PART OF THAT FOR SURE, FOR THE BIG, THE COMPLEX THAT UTILIZE THE CHILLER UNITS, THEY, THEY REALLY KIND OF NEED A, A SET DATE. SO WE'RE GIVING THEM THE DATE, LIKE MAY 1ST IS WHEN THEY NEED TO TURN IT ON. CORRECT. AND WE'RE GIVING THEM A PASS. IF IT, WE HAVE A, YOU KNOW, NEW NORMAL OF A SUDDEN HEAT SPIKE IN APRIL, WE'RE NOT HOLDING THEM RESPONSIBLE FOR THAT. CORRECT. OKAY. BECAUSE MOST OF 'EM HAVE TO, YOU KNOW, SAME, SAME AS ANYTHING. IT'S SCHEDULED OUT FOR, YOU KNOW, WEEKS IN ADVANCE TO GET THAT SWITCHED. KEEP IN MIND, THIS IS A HEALTH AND SAFETY ISSUE IN TERMS OF A LIFE SAFETY ISSUE. RIGHT. AND SO THERE'S NOT VERY MANY CASES OF ANY OF PEOPLE DYING OF HEAT STROKE IN APRIL OR PAST OCTOBER. AND SO THAT'S THE IMPORTANT THING IS WE'RE NOT, THE, THE POINT OF Y'ALL'S LEGISLATION IS NOT TO MAKE, TO YOUR POINT, TO COMFORTABLE. RIGHT. IT'S NOT TO MAKE THEM COMFORTABLE, IT'S TO PROTECT THEIR LIVES. OKAY. ALL RIGHT. GOOD, GOOD POINT, POINT WELL TAKEN. THAT MAKES SENSE TO ME. I JUST, I DIDN'T SEE DATES IN SOME OF THE OTHER CITY'S ORDINANCES AND SO I JUST THOUGHT WHY ARE WE DOING DATES? BUT THAT, THAT MAKES SENSE. UM, SO LET ME PAUSE THERE. UH, COMMITTEE, DO YOU, DO YOU CARE ABOUT [00:45:01] 81 VERSUS 85 DEGREES? 85 IS FINE WITH ME. YEAH, I DON'T HAVE A PROBLEM. ALL RIGHT, WELL LET'S JUST, LET'S JUST GET, GET IN LINE WITH EVERYBODY ELSE AND MAKE IT THAT. UM, AND DOWN SAME PAGE, PAGE TWO UNDER FIVE C AND IN ALL THREE SUBSECTIONS, WE'RE USING THE TERM WINDOW UNITS. AND I JUST WANNA POINT OUT THAT THERE ARE CIRCUMSTANCES, UM, WITH SOME SMALLER UNITS, THEY ONLY HAVE ONE BEDROOM WINDOW, AND IF YOU PUT A ACTUAL WINDOW UNIT IN IT, THAT PUTS THEM PROBABLY IN VIOLATION OF SOME OF OUR FIRE CODES. SO I DON'T THINK WINDOW UNIT NEEDS TO BE IN THERE. IT CAN BE PORTABLE REF, REFRIGE, PORTABLE, REFRIGERATED AIR UNIT. I'M LOOKING AT YOU, BRIAN. CAN WE USE SOMETHING OTHER THAN WINDOW? THAT'S REALLY NOT MY AREA OF EXPERTISE TO BE HONEST. I DON'T KNOW. I I, I DON'T BELIEVE THERE SHOULD BE MAYBE IN SOME VERY OLD DEPARTMENTS IN GARLAND, BUT THERE SHOULD BE TWO WINDOWS IN EVERY DWELLING UNIT. ALSO, THOSE PORTABLE ONES, THEY STILL HAVE TO EXHAUST OUTSIDE, SO YOU STILL HAVE TO USE THE LIGHTS, THE WINDOW, IT DOESN'T BLOCK THE WINDOW. WINDOW UNITS ACTUALLY BLOCK THE WINDOW. UM, AND A FIRE, YOU CAN STILL KICK 'EM OUT. BUT THAT, THAT WAS SOMETHING THAT CROSSED MY MIND BECAUSE WE'VE HAD A, THERE ARE A LOT OF VERY OLD APARTMENTS. UM, IS THAT, IS THAT AN, IS, DO WE NEED IT TO SAY WINDOW UNIT OR WINDOW OR OTHER PORTABLE REFRIGERATED AIR UNIT TO COVER EVENTUALITIES? DO WE CARE? PROBABLY NOT A BAD IDEA TO HAVE THAT, THAT OTHER OPTION. SO LIKE I SAID, WE ARE NOT TELL 'EM TO PUT A WINDOW UNIT IN AND BLOCK IN THERE. THAT ONLY MEANS AN EGRESS BEDROOM. OKAY. SO REFRIGERATED UNIT, REFRIGERATED, YOU KNOW, AIR UNIT. DOES THAT, IS THAT DESCRIPTIVE ENOUGH SO WE ALL KNOW WHAT WE'RE TALKING ABOUT? I'M LOOKING AT YOU, BRIAN. OH, SORRY. . UH, YES. THAT'S, THAT'S, THAT'S FINE. OKAY. ALL RIGHT. AND ALL RIGHT. AND THAT ANSWERED, THAT ANSWERED ALL MY QUESTIONS AND I'M, I'M PRETTY HAPPY WITH THIS. I, I WILL SAY, I, I TALKED TO JASON SIMON, UM, THIS AFTERNOON WITH, UH, YOU KNOW, APARTMENT ASSOCIATION OF GREATER DALLAS. JUST TRYING TO MAKE SURE WE DON'T OPEN A PANDORA'S BOX AND BRING THINGS. PRIMARILY, WE HAVE A BUNCH OF REALLY AWESOMELY GOOD APARTMENT MANAGERS OF REALLY GOOD APARTMENTS ALL ACROSS THE CITY. I THINK WE DETERMINED LAST MONTH WE HAVE 240 MULTIFAMILIES IN GARLAND. AND UM, YOU KNOW, A PORTION OF THEM ARE THE REALLY OLD ONES AND A SMALLER PORTION ARE REALLY OLD ONES, UH, RUN POORLY. SO REALLY THESE PROBLEMS THAT WE'RE HAVING, I DON'T WANNA REIGN DIFFICULTIES DOWN ON VERY RESPONSIBLE APARTMENT MANAGERS, JUST TARGETING THE ISSUES TO THE PEOPLE THAT, UM, I THINK, I THINK WE REPORTED LAST MEETING AT, UH, APPROXIMATELY 10% OF OUR MULTI-FAMILY COMPLEXES OR USING THESE, THESE CHILLER SYSTEMS. SO, BUT, BUT TO YOUR POINT, IT'S A, IT'S A, IT'S A SMALL NUMBER, BUT THAT SMALL NUMBER, THEY HAVE A LOT OF UNITS, , A LOT OF, LOT OF, LOT OF PEOPLE ARE AFFECTED BY THAT. AND WE GET A LOT OF COMPLAINTS FROM THOSE VERY ONES REPEAT COMPLAINTS. SO. ALRIGHT. UM, COMMITTEE, ARE YOU, UM, ARE WE HAPPY WITH THIS BASIC THING AND LET IT, LET IT GET REDRAFTED WITH THESE TINY TWEAKS AND UM, BRING IT BACK LAST NEXT MONTH. SHOW IT, SHOW IT TO US, AND LET US TAKE IT TO COUNCIL. MM-HMM. . YES. GOOD. OKAY. THANK YOU FOR ALL YOUR WORK. APPRECIATE IT. THANK YOU. NOT ONLY ON THIS, BUT ALL YOUR WORK, PERIOD. THANK YOU. APPRECIATE WHAT YOU DO, . ALL RIGHT, WELL THE NEXT ITEM IS, UH, NUMBER FOUR ADJOURNED. SO AT 4:49 PM WE ARE ADJOURNED. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.