* 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. SO EVEN THOUGH WE'RE [00:00:01] HAVING A PARTY AND ENJOYING OURSELVES, IT IS TIME TO COME TO ORDER. ALL RIGHT. I DON'T EVEN HAVE A GAVEL. DANG. OKAY. UH, LET'S GO. OKAY, GOOD AFTERNOON. IT IS THURSDAY, MAY 11TH, 2023. IT'S 4:00 PM AND THIS IS A MEETING OF THE COMMUNITY SERVICES COMMITTEE. I AM CHAIR DEBORAH MORRIS. AND WITH ME ARE THE COMMITTEE MEMBERS, COUNCILMAN ED MOORE AND COUNCILWOMAN MARGARET LUCK, AND ALSO DEPUTY MAYOR PRO TEM ROBERT JOHN SMITH IS SITTING IN SINCE THIS WAS A REFERRAL, UM, FROM HIM. SO COMMITTEE WILL START WITH NUMBER ONE ON THE AGENDA, WHICH IS, UH, APPROVAL OF MINUTES FROM THE APRIL 4TH, 2023 MEETING. HAVE YOU HAD THE OPPORTUNITY TO REVIEW THE MINUTES? WE HAVE A MOTION THAT WE APPROVE THE MINUTES AS ALL IN FAVOR SIGNIFY. OKAY. THANK YOU. THAT PASSES UNANIMOUSLY. UH, ITEM TWO IS PUBLIC COMMENTS. I, I DON'T SEE ANY MEMBERS OF THE PUBLIC HERE. OKAY. SO WE WILL MOVE ON TO OUR THIRD AND, UH, UM, ONLY, UH, OTHER ITEM DISCUSSION OF MOBILE ICE CREAM SALES AND COMMITTEE. THIS IS A REFERRAL BY DEPUTY MAYOR PROTE, ROBERT JOHN SMITH. AND, UM, THIS IS RELATING TO SECTION 2 28 0.2 31 IN OUR HEALTH CODE, WHICH, UH, SPECIFICALLY PROHIBITS MOBILE ICE CREAM SALES. UM, WHO ARE WE GONNA HAVE PRESENT? IS THAT ALL RIGHT, MANDY? AND YOU SHOULD HAVE IN FRONT OF YOU, UM, THE, THE SECTION OF THE CODE, BUT IF YOU'LL LOOK AT THE VERY, VERY END, YOU WILL SEE WHERE SECTION 2280 0.231 IS ADDED. YES, IT'S THE LAST I THINK THREE LINES. OKAY. UM, SO I STARTED HERE BACK IN OH FOUR AND THIS WAS IN HERE, THERE THEN. AND SO IT WAS KIND OF JUST A GENERAL KNOWLEDGE. WHY IS THIS IN HERE? WE THOUGHT WE WERE TOLD IT WAS REASONS NOTHING TO DO WITH FOOD SAFETY. IT WAS MORE THAT DRUGS WERE BEING SOLD FROM THE TRUCKS. OKAY. SO IT WAS A COUNCIL DECISION. THEY ABSOLUTELY WANTED TO ABANDON ALL ICE CREAM TRUCKS. I DON'T KNOW WHAT YEAR THAT HAPPENED, BUT IT WAS PRIOR TO OH FOUR. SO SINCE I FOUND THIS MEETING WAS HAPPENING, UM, I QUERIED 12 CITIES AROUND US. UM, ADDISON CAPPEL, DALLAS FLOWER, FRISCO, MANSFIELD, MCKINNEY, MESQUITE, PLANO, PROSPER, RICHARDSON, AND ETTE. AND THREE OF THOSE DON'T HAVE, UM, DON'T PERMIT. THEY JUST LET 'EM DO WHATEVER THEY WANT. UM, TWO, ONLY LET THEM COME IN DURING SPECIAL EVENTS. AND THEN THE OTHER SEVEN ISSUE PERMITS FOR THEM. UM, I ALSO GOT PERMIT FEES IF THEY HAVE ISSUES WITH THEM. UM, AND JUST SOME OTHER COMMENTS. SO I WAS THINKING ABOUT THE THREE THAT DON'T ALLOW, HOW DO THEY GET AROUND THE RULE OF NEEDING A PERMIT TO CONVEY FOOD? AND THE, THE QUICK ANSWER IS, GARLAND CHANGED THE DEFINITION OF A FOOD ESTABLISHMENT WHEN THEY ADOPTED THE STATE REGS. SO THE FDA AND THE STATE REGS BOTH HAVE A STATEMENT THAT SAYS, UH, FOOD ESTABLISHMENT DOES NOT INCLUDE AN ESTABLISHMENT THAT OFFERS ONLY PRE-PACKAGED FOODS THAT ARE NOT, UH, TIME TEMPERATURE CONTROL, WHICH YOU WOULD THINK PERISHABLE. MM-HMM. . THAT'S THE EASY WAY TO THINK ABOUT IT FOR SAFETY FOODS. SO IN OUR HISTORY AT GARLAND, WE ALWAYS CONSIDER ICE CREAM A PERISHABLE FOOD. BUT IF YOU THINK ABOUT IT, IT, ONCE IT'S MELTED, NOBODY'S GOING TO EAT IT. SO THE SAFETY IS KIND OF BUILT IN, UNLESS IT'S REFROZEN, BUT IT'S, THE QUALITY IS NOT OR ANYBODY WANTS TO EAT IT. UM, ALSO THE STATE ISSUED SOME GUIDANCE ON THAT AND SAID BASICALLY ICE CREAM'S NOT A TCS FOOD. SO IF WE WANTED TO GET RID OF THIS RULE, WE WOULD JUST NEED TO STRIKE THAT SECTION AND THEN TWEAK WHAT THE DEFINITION IS TO INCLUDE THIS NOT TCS FOOD AND PREPACKAGED. IT'S AS SIMPLE AS THAT, I BELIEVE. OKAY. UM, ALSO TALKING TO OTHER CITIES, I THINK YOU HAD THIS, DALLAS HAS SOME GUIDELINES OUT, UH, FLOWER MOUND JUST GOT AN ORDINANCE, BUT IT'S A LOT OF THINGS THAT ARE NOT FOOD SAFETY. IT'S, YOU KNOW, PARKING AWAY FROM THE INTERSECTION, NOT PUTTING THE CHIMES THROUGH THE STREET OR HAVING, UM, NO MORE THAN 15 MINUTES AT EACH STOP. OR ONCE THEY'RE AT A STOP, THEY HAVE TO STOP THE MUSIC. CUZ IF YOU'RE, THEY'RE IN FRONT OF YOUR HOUSE, I GUESS YOU DON'T WANNA HEAR IT FOR 15 MINUTES, BUT , UM, AND THERE'S SOME OTHER SAFETY THINGS [00:05:01] TOO. SO I THINK THE MAJOR COMPLAINTS WE'VE HAD HAVE COME FROM ONE PERSON, , WHO OWNS IT, SNOW CONE TRUCK. SO IT'S, YOU KNOW, THEIR COMPETITION PARTICULARLY SETTING UP LIKE AT WINTERS PARK OR SOMETHING ON A WEEKEND WHERE SHE'S PERMITTED, SHE PAYS HER FEE AND THEN HERE COMES THE ICE CREAM TRUCK AND JUST CAMPS OUT COMPETITION. SO ANYBODY HAVE QUESTIONS? UM, DO WE HAVE QUESTIONS? COMMITTEE? HAVE COMMENTS? ? YEAH. RIGHT. ALL RIGHT. YEAH, GO AHEAD. UM, SO I WAS AT, UH, THIS, UM, RICK ODEN PARK NOT TOO LONG AGO. THERE WAS AN ICE CREAM TRUCK THERE AND THEIR MUSIC WAS EXTREMELY LOUD AND THEY SAT THERE FOR ABOUT 20 TO 30 MINUTES. SO I WOULD DEFINITELY LIKE TO RECOMMEND THAT THE, UH, PAUSING OF MUSIC IS, UM, IS PART OF WHATEVER WE DO, JUST BECAUSE IT'S PRETTY ANNOYING IF IT'S IN ONE SPOT. SO THERE YOU GO. , I WOULD, I WOULD HATE FOR, UH, COUNCILMAN SMITH TO LEAVE OFFICE AND NOT HAVE SOMETHING IN PLACE TO GET HIS ICE CREAM . SO HOW DIFFICULT WOULD IT BE FOR YOU TO PUT SOMETHING TOGETHER, UH, FOR US TO TAKE A LOOK AT, UH, AS IT RELATES TO SOUND LIKE THE MUSIC IS THE BIG DEAL AND THAT'S, UH, PAUSING THE MUSIC, BUT COULD WE HAVE SOMETHING BROUGHT BACK TO, WE HAVE A NOISE ORDINANCE, MAYBE WE COULD SOMEHOW PUT IT IN THERE. I MEAN, IT SEEMS TO ME THAT, UH, EVEN WITH THE DRUG RELATED SITUATION, I CAN'T IMAGINE SOMEONE JUST STOPPING ICE CREAM FROM BEING SOLD. MATTER OF FACT, I THINK I'VE SEEN A COUPLE OF GUYS, UH, WITH THE, THE BICYCLE ICE CREAM THINGS AGAIN. NO, THAT'S A WHOLE OTHER . OH, IS IS THAT A WHOLE, THAT'S A VERY HOT TOPIC RIGHT NOW. THERE'S OH, PARTS. YES. OKAY. SO IT SOUNDS LIKE WE ALL GOING TO NEED SOME TYPE OF LEGISLATION THOUGH TO, TO DEAL WITH IT. SO I'M GOING TO SUGGEST THAT WE, UH, ASK, UH, THAT SOMETHING BE BROUGHT BACK TO US AND, UH, WE KIND OF TAKE A SERIOUS LOOK AT IT FROM THERE. OKAY. UM, IS THIS SOMETHING WE COULD DO IN TWO STEPS? SO SINCE WE'RE COMING UP ON, UH, SCHOOL, LETTING OUT THAT WE COULD STRIKE SECTION 2 28 0.231 NOW, AND THEN CONTINUE TO BASICALLY REWRITE AND TWEAK, UM, SOME GUIDELINES FOR IT SOUNDS LIKE SOME, I WOULD LOVE TO LOOK AT WHAT YOU'VE, UH, WHAT YOU'VE GOT FROM OTHER CITIES MM-HMM. AND, AND REFINE THOSE, UM, AND BRING THEM IN. AND ALSO, DO WE HAVE ORDINANCES SPECIFIC TO PUSH CARTS? WE DO HAVE SOME ORDINANCES. UM, I WOULD LIKE TO SEE, UM, COUNCILMAN SMITH, WOULD YOU CONSIDER THAT TO BE UNDER THE UMBRELLA OF YOUR REFERRAL? UH, YES MA'AM. DO I LOVE THE TWO STEP APPROACH? UM, UH, YOU KNOW, I THINK IT WOULD BE, IT WOULD BE GREAT TO HAVE THE KONA ICE FOLKS IN TO TALK ABOUT THEIR, UH, THEIR ISSUES WITH, YOU KNOW, UH, BEING GOOD STEWARDS AND PAYING THE FEE AND THEN HAVING SOMEBODY COME ALONG AND, AND COMPETE FOR FREE. UM, AND SO THERE MIGHT BE SOME DISCUSSION AROUND SPECIAL EVENTS. I LOVE THE IDEA OF STOPPING THE MUSIC, UH, WHEN YOU, WHEN YOU ACTUALLY STOP, UH, AND BEING IN ONE PLACE FOR, UH, A SHORTER AMOUNT OF TIME, 5, 10, 15 MINUTES, WHATEVER THE COMMITTEE FEELS IS APPROPRIATE. BUT I LIKE YOUR TWO-STEP APPROACH, AND I THINK THERE'S A LOT OF VALID CONCERNS BEING, UH, PASSED AROUND THE, THE HORN HERE, SO, OKAY. YEAH. ALL RIGHT. WELL, THAT WOULD BE MY, MY, MY SIMPLEST SUGGESTION FOR TODAY IS THAT WE RECOMMEND TO COUNSEL THAT WE JUST SIMPLY STRIKE. AND I WOULD REALLY LOVE TO KNOW THE, THE, THE HISTORY. I, I WOULD LOVE TO WATCH OR LISTEN TO HOW THAT DISCUSSION CAME ABOUT, BUT IF IT WAS ABOUT DRUGS AND IF SOMEBODY WAS ACTUALLY CAUGHT DOING THAT BACK THEN I CAN SORT OF UNDERSTAND IT. UM, ANYWAY, UH, COMMITTEE, HOW WOULD YOU FEEL ABOUT THAT? JUST STARTING OUT STRIKING, BUT NOT, UM, NOT MARKING THIS AS DONE. AND THEN CONTINUING TO FOLLOW UP WITH REFINING, UH, BETTER GUIDELINES AND RULES FOR MOBILE ICE CREAM SALES, WHICH WOULD ALSO INCLUDE ICE CREAM, PUSH CARTS THAT WORK. YES. OKAY. UM, ALL WELL WITH THE CITY ATTORNEY. YES. OKAY. WELL THEN I THINK, ARE YOU OKAY WITH THIS BEING REPORTED OUT TO COUNSEL AT THE EARLIEST POSSIBILITY SINCE ICE CREAM MELTS AND IT'S THE TEMPERATURES RISING? AND WE ALSO WANT DEPUTY MAYOR PROTO ROBERT JOHN ALEXANDER SMITH TO HAVE SOME KIND OF [00:10:01] LEGACY. YOU ALL FOUR NAMES ON THAT ONE. OKAY. WELL, THIS IS, WE'RE TALKING LEGACY. OH, OKAY. OKAY. TO HAVE A LEGACY AS HE, UH, AS HE BIDS AT YOU. THANK YOU MADAM CHAIR. I APPRECIATE IT. YOU'RE WELCOME. ALL RIGHT. UM, KEVIN, DO YOU HAVE WHAT YOU NEED? YES, MA'AM. OKAY. IN THAT CASE, WE ARE VERY QUICKLY TO NUMBER FOUR, WHICH IS ADJOURNED. SO AT 4:10 PM WE ARE ADJOURNED. THANK YOU. 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.