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Transcript · 2013-10-15

San Angelo City Council 10-15-13

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[0:00:00] let's go ahead and get this meeting started officially it is 4:33 and we will then go into an executive meeting and then we will be back to start the regular meeting at 5:30 but I do need to read the executive Clos session statement so that we can go into executive executive session under the revision of government code Title 5 open government ethics subtitle a open government chapter 551 open meeting sub chapter D exceptions to requirements at meeting be open under the following sections section 551 0711 a to consult with an attorney on pending or contemplated litigation or B a settlement offer relating to atmost rates under rate review mechanism tariff section 551 0711 a to consult with attorney on pending or contemplated litigation b or a settlement offer to acap health for clinical care Engineering Services for the city health insurance program section 551 072 to deliberate the purchase exchange lease or value of real property for Hickory water supply project relating to Ford Ranch located within Mulla manard and cono counties and the west Texas water partnership section 55174 A1 to deliberate the evaluation and duties of the city manager it is 534 I will now send us into executive session Mr Mayor yes sir uh point of order two right quick uh I'd like to uh suggest and move to pull a couple items from the agenda and one of them is from the uh executive session so okay uh and the first one is well not necessarily in the right order but uh uh 551.074 A1 Liberate the duties of the city manager we got two people absent uh two Council people and I think that ought to be done by full counsil so very good point very good point then uh let's do pull 551 7481 to liberate the evaluation and duties of city manager we

[0:02:04] will place this one please ma'am on the next agenda when we have a full Council for consideration yes sir and and I have one one or two more uh on the regular agenda I don't know if you want to handle them now or later no let's pull those when we get into when we get into that okay okay thank you sir let us go to Executive is 540 so we're not but 10 minutes late starting our meeting we welcome each and every one of you here to today we knew that we had a nighttime meeting we were going to have a full house so we're glad you're here let's get this started Tim her for you to come forward please and we will start with an invocation we'll ask you to stand as we as we say our invocation how are you sir very well would you please pray with me wondrous God we give you thanks for this community and for these leaders that you have called into service we ask that your spirit would be here now Lord you call us to pray for the welfare of the city where we find ourselves and we pray tonight for the welfare of s Angelo we pray God that as we look to the future with issues with water with trust with security as we look for jobs as we look for the future that you bring that you might open up the eyes of all those who need to see the path Lord help us Lord to follow you to go in your ways and we pray for the world Beyond St Angelo as well for we know that we are a part of a greater World be with all those who are far away who are In Harm's Way we give you thanks God for those that stand between us in danger and we pray Lord that your spirit would descend upon us tonight that we might truly meet here and be bonded together with your love your fellowship and most of all your wisdom we pray these things in Jesus name amen amen amen thank you

[0:04:11] buddy and now if I could have Zach Fleming come to the front Zach is the son of Rodney Fleming and he's going to lead us in our pledges tonight you'll start buddy with father to the flag of the United States of America and to the repu for it stands one nation under God indivisible with liberty and justice for all the Texas flag I pledge algi to be Texas one State under God one and indivisible thank great job good [Applause] job we do have a few proclamations this afternoon or tonight uh the first one will be red ribbon wheat and Mary a Payton prevention coordinator alcohol drug abuse Council for the cono Valley if you would come forward we will read this and I will present it to you good evening come up here with me and I'll read this and when I get through then y'all each get to make make a speech and get some pictures taken the proclamation is whereas the alcohol and drug abuse Council for the cono Valley prevention team provides values the health and safety of all of our citizens and whereas substance abuse is particularly damaging to one of our most valuable resources our children and is a contributing factor in the three leading causes of death for teenagers accidents homicides and suicides and whereas the red ribbon was chosen as a symbol Comm commemorating the work of Enrique Kiki kamarina a Drug Enforcement Administration agent who was murdered in the line of duty and has come to represent the belief that one person can make a difference and whereas the Red Ribbon campaign was established by

[0:06:13] Congress in 1988 to promote this belief and encourage a drug-free lifestyle and involvement in drug prevention efforts and now therefore I Dwayne Morrison the mayor of the city of San Angelo Texas on behalf of the city council du here proclaimed the week of October 28th through November 1 213 2013 as National red redond week and asked for community support and encouragement of use decisions to Be Drug Free by wearing red clothing red ribbons and replacing red ribbons on vehicles homes and businesses speech thank you I'm paulet shell with the alcohol and drug abuse Council for the koncho valley and on behalf of our agency and its team members that are here today if you'll please stand uh we just want to thank you our community for supporting Red Ribbon Week and for city council for making this Proclamation thank you citizens of St Angelo for making our community safe um by keeping it drug free and we are always here to help um in case you have any questions or concerns and we do Red Ribbon Week every year in honor of Kiki kamarina who gave his life thinking that I'm just one person but I can make a difference and that is true for all of us thank you [Applause] here thank you very much screen all right uh zephron Temple number 100 Daughters of the Nile every child a gym day to be accepted by Mary M MC glamory that get pretty clo good how are you today ma' good thank you let me read this and then you get to make your speech okay it says whereas the daughters of the Nile temples throughout the United States and Canada support the 22 Shriners hospitals for children providing care for thousands of children regardless of their ability to pay and whereas since 1924 the daughters of the Nile have contributed monetary gifts

[0:08:16] amounting to over $51 million for the treatment of children at Shriner's hospitals for children and whereas in fiscal year 200 2012 the daughters of the Nile Foundation a 501c3 nonprofit permanent endow fund benefiting the Shriners hospitals for children presented $1.7 million to philanthropic Endeavors and whereas the daughters of the Nile is celebrating its Centennial birthday throughout 2113 I therefore Dwayne Morrison mayor of the city of St Angelo Texas on behalf of the city council do hereby proclaim the 26th day of October 2013 as zephron Temple number 100 Daughters of the Nile every child a gym day in s Angelo Texas and and urge all citizens to support this charitable effort thank you ma'am the microphone well I think the proclamation really said it all Daughters of the Nile is turning 100 this year and our sole purpose is to support the Shriners Hospital for Children so that no child will ever have to pay for Medical Care thank you so much thank you ma'am we get T picture taken oh okay this is a high point for me and now we have medical assistance recognition week uh to be accepted by Sandra b bushart medical assisting extraen ship coordinator career services coordinator American Commercial College good evening did I get through it you did let's read this one says whereas medical assistants are multi-skilled Allied health professionals who perform a wide range of administrative and clinical roles with skill dedication and loyalty and whereas medical assistants are Central figures in promoting and maintaining cooperative and successful relationships between patients and Physicians and whereas medical assistants are vital members of the healthcare deliver system and whereas medical assistants make a substantial

[0:10:19] contribution to the quality of healthc care in the United States now therefore I Dwayne Morrison mayor of the city of s Angelo Texas on behalf of the city council do hereby proclaim the week of October 21- 25 of 2013 as medical assistance recognition week and encourage the community to recognize and support the vital Services provided by medical assistance for the benefits of all citizens thank you so much thank you very much and now you get to make a speech we're grateful that we can be a part of the community and to provide the education for our students to start a new career and uh be a part of the medical community here in St Angelo thank you thank [Applause] you thank you very much and now we have some recognitions we were in Austin last week at the tml convention and there were I don't know how many thousands of people there but it was a huge Auditorium and there were gift there were Awards made in five categories for cities over 25,000 and of those five awards that were given in cities of over 25,000 St Angelo got two of them and uh we we developed quite an attitude for the rest of the day but we were in all cities of over 25,000 so we were dealing with some with some big groups out there and we won it we won two out of five so first I would like to have Bob solist to come forward and introduce the group that spearheaded the neighborhood Blitz because this is the first award that we got and I'm turning it over to you sir thank you sir appreciate it coming up guys uh Craig coming up come on front that's fine come in s uh mayor on behalf of the city staff

[0:12:30] and all our partners here uh we want to thank you for this recognition um it's always great to be recognized for for one's efforts uh I want to have a special thank you to the WT for providing Manpower and and helping us out with uh community outreach I want to thank uh Habitat for Humanity uh for providing all the paint and some of the supplies so thank you very much for that a uh shout out to the folks over at Goodfellow and for the ASU football team for their participation go Rams and um last but not least I want to thank the S Angelo Development Corporation for providing some of the funds to pay for some of the cost associated with it it is truly a community effort and uh it shows our community spirit thank you very much [Applause] there here let's go here Mr berer yes may I add something here yes ma'am you may I'm not taking anything away from any of these uh folks that are up here great bunch of people and great effort and a wonderful award but I want to just take a moment and remember how it got started and our former city manager's wife Andre domingus was on a call with her husband to check out some stuff in the neighborhood and told him he needed to be ashamed he needed to do something and Harold started the ball rolling with the staff and and Rick and Elizabeth grind staff to make the contact and do the bus

[0:14:33] trip to pinpoint the areas and the award is is much appreciated by everyone especially s Angelo I did speak Charlotte also spoke with the Herold to congratulate him he told me hey don't congratulate me congratulate my wife that was her idea so but uh anyway they're very well aware of of the the recognition and they're so appreciative and they told me to say hello to all of you too and next year we will see cities all over State trying to do this but we were first and now if AJ father would come forward we also a second award that we won was because of our Aqua Squad and the work that these Junior High children had done and the presentations that they had made and we were recognized for that as well so I'll turn that over to AJ and let her explain that and bring those children out go ahead ma'am thank you thank you so much um we're very very proud of this award and there was a good deal of coordination and work that went into this it's such an important educational opportunity and as Christy uker comes forward um she definitely deserves a lot of the the Commendation her and and the group of people that she's worked with on her Aqua Squad and so I'd really think it's appropriate for you to come and and say a little bit about this we also have with us uh Tim Wolf from our storm water department Art Gonzalez where's art please stand up you're part of this as well come on up um so great project very honored to receive an award of such a high caliber and I'm going to turn it over to to Christy uker at this point with UC um only in San Angelo can we do awesome work like this with great partners and I'm happy to say that in order to take care of our water quality along our beautiful Concho River it means that each and every one of us do our part and we can do all sorts of improvements but if we as Citizens don't see the importance and do our part It's it's really it doesn't really make a big

[0:16:35] difference in the end so the education campaign is something that we do it includes Billboards and the things you get in your water bills and it also includes all these wonderful people standing behind me we did a great program with our youth and as you know they have great power and uh this these students behind me represent three of the four four uh classes of Aqua squad over the years and I'd like to just mention them by name because they deserve it they put in many hours over the summer and during the school year to make sure that our community knows about how important it is to take care of our most precious resource our water um so I'm just going to mention them by name they range from those that are in the current class to some even that are now in high school and I have some that are now in college obviously they're not here I tried to get one here um I've got ones that are off but I'll introduce them really quickly uh this is Sophie Forbes over here uh Elizabeth gbay uh Scarlet Torres uh Zoe Flores have a Yousef uh Robbie Richardson uh Wyatt Hayes and if you can see them uh Ryan Schwarz John Chambers um Joe Navaro and Ruby shell so I want to I I please give them a round of applause and I'd like to also um recognize Tim Wolf who is um my partner in crime to make sure we do um good things for for our River and our waterways so you [Applause] thank you I would just like to say that this really is a great honor for the city of s Angelo um we couldn't do it

[0:18:39] without our partnership with the ucra they do do the heavy lifting on it but uh through them we as she said we have multiple Avenues we try to reach people and um it is a great honor to win this [Applause] that's right I get knocked off all the time thank you all very [Applause] much and this last award I really have a hard time making here because this this goes out to Tim archeleta Tim archeleta has been at the standard times for 10 years and he's leaving I think he's going to Corpus Christie come forward please sir and I really on a personal note I really hate to see him go he has he's been very fair to me he's been very honest with me and he has been very unbiased in the reporting that he was done that he has done over the years you've done a tremendous job with the standard times I wish you all the luck in the world but I really do hate to see you go thank you Tim you get to speak I want to thank uh everybody in the audience I know that a lot of you folks are readers of the standard times so I got to start by thanking you for picking up the paper getting our apps going to our

[0:20:40] websites we are we are in a a learning Newsroom in St Angelo we get a lot of young journalists but we've always tried to to look out for the best interest of the city and the best interest of our readers uh I I don't know if Jeff Delo is in the house but Jeff Delo is the publisher and he's always been a great partner in making sure that we had the resources to do what we needed to do in The Newsroom and um so I want to thank him I I want to thank the city uh and the staff I it's been an incredible uh time as I as I watch you all come together and and Advance the good uh for St Angelo the 10 years that I've been here have been kind of a remarkable time uh we finished the loop we were working on our water problems we're fixing our water lines and and a lot like uh the the city council you know no one's perfect and uh we we we make mistakes but but no that our hearts are are in the right place and trying to do a good job so thank you very much thank you mayor thank you [Applause] sir and and thank you to my wife for putting up with me for 10 years and my son was born here in St Angelo so I have a permanent tie to St Angelo thank you thank you very much best of Lu sir thank you thank you the next part the next part of our agenda is the public comment section and this is the time that we allow people that want to make comments or to

[0:22:42] approach the city or to ask for things that this is your time and I need to read I need to read the legal rules here and then we will have an opportunity the council takes public comments on all items in the regular agenda public input on a regular agenda item will be taken at its appropriate discussion public input on an item not on the agenda or consent agenda may be identified and requested for consideration by the council at this time the council May request an item to be placed on a future agenda or for a consent agenda item to be moved to the regular agenda for public comment on public hearing items public input will be received on each item immediately following the council discussion in prior to any action on the item each member of the public shall make the remarks from the podium by stating their name remarks by each citizen will be limited to 3 to 5 minutes unless waved by a council member for speaking on that matter no individual will be allowed to speak more than once on anyone subject until every citizen wishing to comment has done so uh I think tonight I will start it with the council if there are any comments that needs to be made you have one Morty and anyone else from the council that has anything after P after the council comments and we will open it up to the public go ahead Mr uh mayor it's it's been questioned uh that my holding office is in violation of the city Charter and um I am requesting that uh this be placed on the the next regular council meeting and Open Session Mr RIS did you get that ma'am yes anything else no any other any other council members wish to make a statement or speak about anything um I'm believe I will uh I would thank Mr Seth for putting this item on the agenda for the next U council meeting uh this is an important item every elected position in the United States has qualifications to run uh and if you don't meet those

[0:24:47] qualifications you cannot be elected and you cannot serve uh I have not had a chance to talk to Mr self uh at this time and it's I don't think it's my fault or his this is not something that I relish us having to go through I didn't really uh run for office to go through stuff like this I've been in tough lawsuits all my life uh for more than 40 years both as an attorney and U as uh a party and uh I consider Mr self a very good individual I helped him some on his campaign but it has come to the attention of the public and the council that he is doing substantial work for theity city of St Angelo Let's uh let's let's stop right there he's already asked it to be put on the agenda for the next meeting and at the next meeting when it's on the agenda we will discuss it but that's that's enough we are out of order is there at this time now I will ask if anyone from the public has anything they want to speak about or to bring to the attention of the council just form a line you got you're on three minutes please sir I'm on you're on identif and I would ask that you identify yourself you are you are on camera identify yourself and uh then you got three minutes yes you looking for the camera uh thank you for having an open session and thank you very much for having an evening session uh this is fantastic who' have thought this many people would have shown up for a city council meeting I'm Dr James Phelps I'm a professor at Angelo State University I'm am not here representing the university as a professor at Angelo State I teach Homeland Security emergency management disaster preparedness Disaster Response terrorism counterterrorism and you name it beyond that I go to all kinds of meetings all over the country um I also happen to besides

[0:26:50] living here in St Angelo I have a second place up in Colorado way up in Colorado it's like a bunker uh um that county has 2100 total in population and has a full-time emergency manager I was just at a meeting in Boston where the city of Boston's emergency manager presented to us for over an hour the effects of having direct leadership supervision and response and effective training in responding to the Boston Marathon bombings earlier this year uh interestingly enough he was actually at scene when those bombs went off and realized the importance of pulling himself out of being a first responder and becoming the emergency manager and coordinating with the governor because guess what the city's mayor was locked up in a hospital for some other reason and so having an effective emergency manager's key to ensuring that you can respond to various problems um San Angelo has had some very major drug busts recently which indicates that there is a potential for major overflow violence both from drug dist Distributors as well as cartels into this far end of Texas we already know that those of us who teach these subjects and down at the University in addition to that every single week 24,000 pounds of extremely dangerous poisonous chemical is delivered downtown San Angelo through residential districts by truck every week and yet we don't have an emergency manager the position has been open for nearly 10 months and i' just like the city council to find out what the delay is in hiring from the extremely well-qualified candidates I have no vested interest in any of them I know most of them but I don't have an interest in who gets hired I care about whether or not the city is able to

[0:28:53] effectively manage and respond to disasters and I can tell you right now we aren't thank you thank you very much and uh just for your information we are addressing that I believe we're taking applications this week actually no we already have the applicants and we have uh as far as the interview process it's already um it's it's it's already in the process but as far as to say that we're not prepared we have some really good people on staff you know uh from our chief of police our fire chief we have uh Fire Marshall a lot of people that have a lot of training in this area and rest assured it's not as d as you mentioned ago we do have uh representation good representation and the position itself will be higher within the next two weeks and I agree with you because they tell me that in case of a problem it belongs to this guy right here so really I want somebody to pass the ball off too so yeah I'm very interested in this as well I appreciate your comments sir who's next excuse me state your name Barbara and you have the floor ma'am three minutes Barbara Pratt Mr Mayor um this is going to be real quick I just want to thank all of city council for these nighttime meetings and staff I know you guys are not used to this but I've been pushing for this for a year and I'm your harshest critic but when you guys do something right I mean this just warmed my heart when I read about it and heard about it so I just want to thank you all and look at this turn turnout it's great thanks you guys and I might add that it's probably been two years since Barbara brought that to the attention of the council and we discussed it and we decided that that time not to not to go to nighttime meetings but I think everyone on this Council when we were running for office this last time every one of us said that we wanted to have meetings so we will have these occasionally when there's a controversial item or things that people are interested in we will have these so I hope they're successful I'm glad to see y'all all here and I do need to make one comment I forgot to make uh don vman's wife uh don vman's mother died Sunday afternoon and that's the reason

[0:30:56] that Don vman is not with us Johnny silas's brother-in-law's father died yesterday the day before and they're having the services tonight and that's the reason that Mr silvus is not with us so the two Empty Chairs here are because of deaths in the family and they simply couldn't make it so need to excuse them and and remember them as well who's next yes ma'am state your name and you have the floor I'm Vera Kirkpatrick good evening mayor and city council um I live over in the Twin Oaks of Prestonwood area and last U session was on the was on your agenda about a zoning change that's going to be possibly taking place in our neighborhood so we've been busy the last couple weeks getting signatures I have about 130 signatures on my petition on our petition I would like to give it to the secretary and ask her to make copies and give each of you one at uh so that you'll have time to look it over and realize that there are people in our area who who prefer that we stay single family dwellings which we bought our property and Mr Hing brought his property knowing that that so we would appreciate you looking at those and uh and uh and hopefully it will be on the agenda in November thank you thank you ma'am come forward brother C state your name you have the floor for three minutes hopefully shorter than that uh my name is Jerry C and I'm one of the senior leaders of WT uh Mr Mayor City C uh Council uh excuse me uh I like to give credit where where crit is Du you've done a wonderful job on 19th Street seal coating it and the people in

[0:33:00] that area is loving it I was out uh just the other day while they were out there working I was out uh checking on the people that's volunteering their uh part of their land for the sidewalk that you're going to put in that was and I certainly appreciate that and thank you and by the way thank God for the rain while I was out there uh one of the people from the other side of the street and I heard it about that too they don't like it because the sidewalks going to be changed to the other side but uh one of the uh uh citizens over there came all the way across the street and uh was very upset because uh on 19th Street the school bus comes through there and between 3 and 3:30 it stops on 19th Street to let those children off and the people do not obey the the the the school bus laws they don't stop they go totally around that school bus they do not stop at all and that's very dangerous because if a kid get off of that bus and turn left and run across the street the way kids usually do some fool coming through there is going to kill one of those children uh I understand that a complaint was made once and on the day of and the first day of school the police was out there one time they wrote tickets they haven't been present again and it's happening again daily people has come out of their houses and gone out there and screamed at people because they are speeding down that street while the school bus has stopped and the flashes are on and the stop sign is out on the left side so that they are uh are supposed to stop but they're not

[0:35:02] stopping something has to be done about that something really has to be done about that because not that's endangering our kids it's bad enough that doing the uh summer uh uh there's no marked crosswalks and that's another thing we need a marked crosswalk it's a beautiful Street we appreciate that and when the uh sidewalks are put in it's going to look like a modern part of the city but we need a marked crosswalk there where the school sign is so uh people that they have to be living on Mars if they don't realize that they're in the school zone and we need some police presence not just for one day if they do it every other day until people get used to the used to the idea that that if they run that stop sign when the kids are present they're going to get a ticket and I hope you give them the max and I thank you very much for your time thank you appreciate it and thanks again for that black top and we love it I did see Tim Chief Tim vosque in the audience earlier so Chief did you hear that sir I was talking to the chief vosque did you hear that sir we need some traffic Patrol out on 19th Street to stop some of these drivers he heard you Jerry yes sir yes my name is Rick Abbott and I'm a member of the lake nasworthy Homeowner Association I would request that you place item 22 under your consent agenda agenda on your regular agenda for public discussion is there a possibility we can do that now ask that again sir I'm I'm what' you say I miss can we place that item under the regular agenda so we can have public comment on item 22 under your agenda Fleet okay we'll talk about that in just a minute and we will take that into

[0:37:06] consideration sir yes sir good evening my name is Dave durker we're doing a lot of Street workor and I am I don't build streets I don't engineer them I don't know about surfaces and what they cost but I do a lot of driving on them it seems like that the quality of the work is not what I would call up to par uh I live in the Bluffs driveways according to the note we got were supposed to have been swept they weren't there's loose gravel which makes it very dangerous for two wheel Vehicles which I spend a lot of time on uh bicycles as well so I don't know why we're using this rock and tar thing and there are places where it's already worn the gravel off and all we've got is just that shiny oil tar whatever it is they put down so I don't know where that needs to go but I would sure like to go back to real surface I've heard that complaint already so you're the second one I've heard that street Public Works did y'all hear that you got it who else wants to address the council this is your opportunity Carl white Carl white Parks and Recreation director I'll be brief but I I can't pass up this opportunity to mention and put a plugin for our Riverfest event that start starts this Friday at 6:00 with a sculpture reveal at the Salmon sculpture garden there's a free concert at the river stage Friday night with several bands including the old the hat band and the Texas tornadoes and then and then Saturday is full of activities and events most of them free um The Color Run is first that's a registered uh event it starts at the fort fort cono goes downtown along around Santa Fe Park and along the river

[0:39:09] and ends at the Poo that should be a great activity uh there's a washer pitching tournament and a whole day full activities so we hope folks turn out for for River Fest and 11:00 is the official dedication ceremony at Kids Kingdom park thank you we'll see you there anyone ask care no one else me this is your opportunity if there's not any public comment further than Miss farmer yes uh I didn't have a comment while ago but I I would Mr Mayor like to register uh my opinion um I respect our city took an oath to uphold the laws of the city and the charter and uh um I have a concern is if we continue tonight we only have five people tonight and that's a quorum and I would like to ask our attorney if she could render an opinion as to if there is indeed a question and if there is indeed a ineligibility uh we wouldn't have a quorum tonight or how would the vote stand I just need clarification absolutely there has been no factual determination as to disqualification that would be uh council's uh decision and that fact doesn't exist it it's very it just doesn't exist so we don't have an issue on the votes today thank you so registered all right yes Rodney I'd like to ask that number 10 and 11 on the consent agenda also be pulled and then also the the item you want to pull 22 yes 22 I do want all three of those okay are there any other items on that pull yes please include number nine to go with 10 and 11 okay and um I uh some quick explanation on 14 15 16 and 17 if you uh pull those it will only take a moment I think to explain

[0:41:13] you know for the public anyone else and then the last thing I would like to ask that number numbers 26 and 27 be moved up towards the front all right there's a lot of people here for those items I'd like to go ahead and do that and I don't have a problem moving it uh Marty do you have a problem moving those Charlie do you have a problem winky okay okay we will then move items 26 and 27 on the regular agenda we will move it ahead of 25 so we will start with item 26 then go to 27 then I suppose we'll drop back to 25 I don't see anything else on here that we need to bring forward does does anyone else see anything of the importance that needs to come ahead okay well we'll go 26 27 then 25 on the regular and if someone would make me a motion to approve the consent agenda which would be items 3 4 5 6 7 8 12 13 18 19 20 21 23 24 if someone would make the a motion to to approve those items of consent that have not been pulled then we'll vote on that and then we'll move on to the next item I move that we accept those items as written second okay I do have a motion I do have a second to approve all of the consent agenda and I'll read it one more time for clarification misss Ramirez the items that will be moved to the regular agenda item number nine number 10 number 11 number 14 15 16 17 22 and all other items will be under one vote in the consent agenda further further discussion council is there any discussion on these consent agendas from the public if not I have a motion and a second that we approve the consent agenda as presented all in favor say I I any oppose

[0:43:15] Nay put a 5 vote on that one please ma'am okay let's now move to item number nine on the consent which we have pulled this is consideration of awarding AP 1133 to Rural Electric Incorporated for Runway 321 high-intensity Runway lights hirl replacement project in the amount of 179 920 at s Angelo Regional Airport and authorize the city manager to execute all related documents airport director leis escabel your on sir good evening yes ma'am Lis my my question on nine and and and 10 both is I simply wanted to point out for you to please tell the people that no general fund are being used in this they don't have the breakdown in the agenda so they wouldn't know that and I do want to point that out that this money is not from the general fund on all three 9 10 and 11 no general fund will be spended on those projects and and those were my questions on on those items okay was that well that was one of my main questions also okay the um I'm sorry I was that's all right Mr Mayor I was in a different I was in my happy place just wanted to point out that there were no general fund dollars and if we could move to 11 since Louise was up there there my question on that one was um here we have in an amount not to exceed 1144 and I would like for Mr Valenzuela to give us the procedure that'll be in place to assure us that we will not exceed the 1144 unless it comes back to council it just will not come it's not going to exceed the 114 all the directors have been instructed to make sure they monitor each contract that they have uh to put in place and they at this point the 11 14400 falls under the responsibility of the current director S standing in front of us also along with our purchasing department and there's a procedure in place to make sure that uh as soon as uh the an amount is entered

[0:45:20] uh the amount will not be exceeded and uh those procedures are already in place the task cour to reflects that also motion to approve item uh 9 10 and 11 as presented I'm sorry one more question one of my constituents from that my district asked that uh on this on the amounts that are on here is that for the construction also it it sounds like that it's just for the engineering and the Consulting that is for the construction also no just for the engineering Consulting uh the project is extended beyond the original task order and this is to extend the support from the engineer The Architects and the multiple Engineers that are supporting the construction and for uh item 11 that's for the uh inspection of the project okay and that the just to be clear who is paying for that it's coming out of the airport front passenger facility charge and the FAA okay thank you you bet motion to approve items 9 10 11 as presented I'll second that do we have any further Council comment on this do we have any comments from the public on this state your name and you got the floor for three minutes my name is Lee Bell and uh I'm just uh commenting as uh a citizen of St Angelo that sounds awful high it's a lot of money I I agree with you L that sounds awful High it is Sir and I have uh KSA Engineers here to answer any questions that you may have in regards to the fees was there a bid process involved in that the bid process was done in 2010 uh we have task orders from then on we have a 5-year contract with KFA

[0:47:22] Engineers but this is a change order to basically a change order to do more work than than was on the original contract the original contract was on original contract for 5 years with multiple task orders okay so each task order that comes up comes to city council if it's allowed if it's below the limit we don't have to take it would you like to hear from the engineer yall want to hear from the engineer it is what it is any further public comment or any further comment from the public if not I do have a motion and I do have a second I will call for the vote all of those in favor say I I oppose Nay put a 5 on that one all right let's move on now to items 14 15 16 17 do you also want to take these as a group ma'am as a group okay okay hi uh I just would like an explanation uh for myself as well to the public is we omitted some healthc care items due to budget cuts and that were just one years I I'm concerned if the are one-year type grants and I read where one of them is not we put something back in the public gets to expecting services and stuff that is paid for or freebie out there and then we take it away again uh I'm not understanding how the process works I guess and I don't want to give a false hope to anyone out there in the public that we're reinstating something because of pressures of U shutting down some things that we could no longer afford because there's no more money available from the government fund can you explain this to me sure um the first one number 14 which is the PHP Grant we have been getting that grant for about the last 10 years um it only pays for salaries and it's um emergency planning basically for that um and number 15 is the rlss th that particular Grant pays for two

[0:49:25] environmental health sanitarians uh we have been getting that one even farther even before I got here so probably even the last 15 years or so and that has it's doesn't seem to be going away it has been pretty level for the last probably 10 years both of those have been the 16 which is the um okay the 16 I'm sorry that's the RLS t for the environmental health 15 going back to that one that is a that one may go away that one was supposed to be a one-year fund or Grant to pay for space of the nursing uh space basically the lease of the nurses we don't have a place for them to be right now and so um last year we were basically trying to figure out where we were going to place the nurses yes we did um mentioned that we were going to have to cut those two Services immunizations and STDs and we had no space to put them in so the state came in and said here we'll give you 20,000 if you will provide the one day immunization clinic so we still have the one day immunization I asked for an additional year and they said yes that was fine now this coming year we um have applied for the 1115 waivers which is not not here but that will also help pay for the lease space so if something happens to that 20,000 we should have funding to pay for space from the additional dollars that we are expecting this year and and those that she's speaking of that are on here today or more of a like a three to foure Grant process and and this is all stemming from council's challenge last year as you all were cutting services and and reducing things the challenge to Sandra was to see how we can creatively keep these Services alive and so that's what these are and when she's talking about this 20,000 that was last year Sandra's due Dil with the state in lobbying for

[0:51:28] those additional funds that other cities are getting and that we weren't Miss villain real what I'm trying to get across here as to the public by you speaking on this is this is out of the council's control as to when these grants stop and then we have to cease Services because the city has no funds to fund the program and it's not by our choice it's above us where the money come from and that is correct um and I want to say with a PHP Grant I was hired under the PHP Grant when I came back but I have always known that I can go away tomorrow because it's a grant and so I mean any time we even with the the 11:15 waiver which we're not talking about now the nurse that we have in place if that money goes away they know that they are going away so we make that very clear When anybody gets hired and that's I mean yeah that's the world we live in now the environmental health Grant I will say that that we do generate fees from the health permits so I mean that might be enough to at least have one health inspector I sure would hate the city not having Health Inspectors we've got over 500 food establishments and so we'd have to to figure out a way how how to fund that but this one again has been stable for relatively a good long time and with the G the fees generated that has maintained that particular um motion to approve 14 15 16 and 17 as presented second I'll second it any further Council consideration on this do we have any from the public like to comment on these four items if not we do have a motion and a second all of those in favor please say I I any oppose nay let's put a 5 on that one as well all right the next one we're going to deal with is item number 22 this is the second hearing and consideration of

[0:53:30] adopting an ordinance amending chapter 12 exhibit a zoning ordinance of the code of ordinances city of s Angelo Z1 1332 Fleet equipment leasing LLP and ordinance amending chapter 12 exhibit a of the code of ordinances city of St Angelo which said exhibit a of chapter 12 adopts zoning regulations use districts and zoning map in accordance with the comprehensive plan but changing the zoning and classification of the following property to do and un addressed at track of Po occupying 25.82 two acres track located south of Red Bluff Road and Hillside Drive more specifically being 25.82 two acres out of 93. 314 Acres of the Kristoff Voit survey 181 abstract 3931 in Carl danman survey 180 abstract 141 in for Southwest San Angelo the property described on the preliminary plat titled to the canals of lake nasworthy and occupies all of block six and seven changing the zoning classification from Ranch in estate to a single family residential district providing for severability and providing a penalty Jeff Hines you have the floor sir good evening mayor and councel I'll be happy to answer any questions that you um happen to have on this particular item I didn't have any questions but I had a resident from my district that wanted us to pull this from them so I'm going to ask him if he has a question to come up because I'm actually in favor of this my name's Rick and like I say I'm a lake nasworthy resident I'm just very concerned that the council has awarded a contract for $330 or $440,000 whatever it is to Gateway planning for a master plan of lake nasworthy and we are supposed to go to public meeting next week for more public comment and here we are changing the zoning on a piece of property at the lake that might have something to do with that study and it appears to me we're getting the cart before the horse I mean in their plan when they talked about work around the power plant and that's where this is they had a study and I think that right now when you start making a decision on changing zoning on something before

[0:55:32] you've even let the horse out of the cart I think we're getting behind ourselves so I would like you to consider putting this off until we do at least get that study and everybody agrees in public comment what we're going after and not just go out here and start zoning things changing zoning before we know what we're getting into thank you thank you R Rodney would you like to address that he's got a good point the thing that I would say about this is we're changing it to single family resident this could be changed to something that's much worse than that so I it is going to be changed and I don't know I'm not sure what he means by the study the study's done it's all done well uh I'm also Lee bill again I am a member of the lake NW worthy homeowners association and as far the way I see this it looks pretty good to me other thing is that I just don't think I understand enough about it at this time and I would like to um you I wasn't in favor of the Gateway deal at all but I would like to hear what they have to say about that area and what their uh their suggestions was and I mean we've paid for it $365,000 wor that deal I mean we ought to at least listen to it before we make a decision thank you sir this is your area again that's a the Gateway study was suggestive things that should be going on out at the lake they're they're the the owner of this property doesn't have to listen to or do anything that Gateway wants them to do the owner of this property is asking us to change this zoning from the ranch to single family residential I think that that this the change that he's had and we've already gone through this one round and we passed this second hearing this is the second hearing I I I don't have any problem changing this a single family residential if you guys had a if it was changing to commercial of some sort I definitely would want to wait but when they give this they have the meeting we we got set up for October the the 21st is it 21st yes October the 21st they're going to they're going to show

[0:57:33] us their whole plan they have a master plan of what we're going to do out there and I'm not a fan of this plan as I'm not a fan of what we paid for this plan I'll say that right off the bat but this is a plan this is not us telling the owners what they have to do this was just a plan and suggestions of what they thought needed to be done out there but the owners of the properties can all ask any zonings and we can turn them down we can either turn them down or approve them I'm for this I appr I I make a I move that we approve the the zoning change as written I have a question yes ma'am yes uh Jeff if you could explain to us uh the time frame the time limit is there any delay if say we waited till next until we hear the 21st that we put this on the next agenda is there a time limit involved since it's a second hearing all right um probably a better question for mras um I'm not a you know in terms of the zoning once it's approved it's there forever but I'm not sure if there's a certain time between first and second readings you've got to have though don't you have a um public notice requirement whenever you post these we do have public notice requirements for time before um you the mail outs go out but um AJ's probably got some good background on this too the uh the legal requirement is that we take action that action could include in the item if you'd like to do so thank you m I don't have a problem with this either way I think it's a good use of the property but I'm just V why would we want to table this this could be slowing my AR my only argument on this is I if I was an investor and I'm asking you to do this I would like it to be done so I can move forward on it as soon as possible time is money on these deals Mo motion has been made is there a seconding is there a second on this I'll second it okay motion has been made and second it your on I'm Tad Logan I'm also with Lake nasworthy Homeowners Association I think our main concern is

[0:59:38] uh is this property being divided into chunks we have 96 Acres basically over there uh are we going to take 26 Acres then 15 acres and then 20 acres and and bring them through for approval for new zoning and we to me we really haven't have we discussed the sewer capacity of this area what are we going to do red bluff's been struggling forever here we're adding a a zoning going to residential more sewer what are we doing about the runoff uh have we addressed all the issues over there we got a traffic problem coming off Red Bluff are we going to put in a light uh I don't know that we've addressed all the issues you know to go to zoning change at this point but those issues will be brought up before they do any construction okay well that that's our main concern I mean you know residential yes that's that's probably one of the best uses yes but uh you know we're just concerned about all the issues we don't want more runoff going into this Lake and we want services to be adequate to handle it before we go on and Zone it or approve it so the only thing I'm I'm worried about is if you came to me and you had a ranch out there and you wanted to put in houses out there and it wasn't going to impact I would want you to be able to do that as a as a land owner if that if that's if we and we've already agreed this council's already passed this or already voted on this once and already said that it was is this I mean this property has been sold yes or is it okay well I see I wouldn't I wasn't even aware it was fully under contract I thought it was being appropriated and looked at by somebody that might purchase it but it's actually under full contract that's my understanding it's already yeah they own it AJ please it's a little tight up here um we are not notified as City staff whenever property transactions take place but what I can tell you is that it is under private ownership it's not a city-owned parcel and so when a private property owner files an application for zoning by law we are required to put it

[1:01:41] in the docket and schedule it um but again you only have to take action on it whether that would be an approval a denial or a tabling thank you Ted all right Mr Bardo my name is Richard bastardo I don't live in this District mayor I know it's inside the city limits and I've heard these three men before me at this Podium and they're absolutely correct Mr W uh Mr Abbott for example you putting that cart for that horse I'm a former planning commissioner I don't know of anybody up here that's ever come on an elected basis to those seats that you all occupy with Planning Commission experience now I don't hold it against you don't take offense to that okay but the last gentleman that was here which I don't know I really don't he's correct you want to take and change the zon from E from from RE ranching estate the single family resident before you cover the area when it comes to new infrastructure water delivery of water you people are in the business of selling water and we the public buy it and then the infrastructure when it comes to the shore new infrastructure being hooked up the old infrastructure I recommend us sir table dish because this lady that came up here first okay has signatures on a petition against it no that's not that's not okay that's not it I'm sorry I apologize I'm I'm I'm not

[1:03:43] correct but here's a thing here's the thing you're making decisions okay you want to take a boat on it and you got people coming to the podium opposing okay opposing that you are today besides discussing it take possible action I don't agree with it it's not good we have an old infrastructure underground as we speak can here y all are going to tie up new stuff to old stuff I was accused of holding up the industrial park I went ahead and voted for it even though I didn't want to the citizens of Stan Angelo wanted it they looked at it as a valuable asset and I voted for it but it just sits out there collecting dust and all the infrastructure was put in can you wait for for planning director David thurban okay agreed with me at the podium that it was not not the right thing to do put the infrastructure in as people want to line up and come in no they went ahead and did it only had one outfit move out there we don't get a lot of rain out here but when we do we get some areas flooded well that building over there that house the new photo got flooded it took $50,000 to Barrow money some of its mind to go in there and fix that huh y'all think about it I'm going tell you one more thing and I'll get out of here when I was sitting on that City Council in that chair right there Rick Abbott I didn't know him he

[1:05:48] came to the podium just like today and he shed me up I didn't hold it against him he had a right to come up here but after he was finished at the podium and it was my turn to speak into that microphone by God I did and Mr Abbot would you do me a favor sir and stand up for me please do I hold of vad against that man pur me out don't sir it was business I was conducting City business business and he was here voicing his opinion okay later and later he and I talked and we're good friends thank you sir wait now can I talk to you yes you bet now I've seen this plan that everybody's going to see on every one of us have seen this plan and what they're asking for is what he's asking for that it's in the plan that way that's why we've all seen it okay okay I hear you I and clear so you understand what I'm saying oh exactly that the Gateway plan calls for that am I correct on that AJ am I correct on that I understand so that's that's where I'm coming from I'm not trying to be I'm sitting here saying the Gateway plan is their their master plan that they had their suggestion was that this was be sing family residential so if they're going to build if they're going to build those houses there anyways and we've already looked at it once and we said as and all of us were here I believe on the first vote that we took all of us said that that was it was unanimous that we were going to do that because we've looked at the plan so that's where I'm coming from for you and the general public I've seen the plan I've gone over the plan extensively on that and this is something that fits within what the plan is talking about that's where I'm coming from and as far as adding the infrastructure on the on the industrial

[1:07:50] park like you were talking about we as a city did that this Builder is going to have to put in that infrastructure themsel and so then when we get to I think Tad brought this up as far as runoff and things like that we'll definitely have to have to look at those things and take care of those things as it comes so I'm not trying to be difficult and I'm not I I don't think that we're putting the cart before before the horse on this deal and I I'll pull it but I I I just don't think it's fair to the owner that the plan has it this way and they want it that way that's where I'm coming from on this okay you understand we we've already got a motion in a second on the floor I understand Mar but you didn't put a a Time on me you do it so don't you no he said three minutes before all no not when I walked up he didn't do it to this African-American here no sir Bob I do like Milly Holden did one time Mr Mardo when I first opened the meeting I read the remarks up here you didn't continue the time liing okay I ask for you to take consensus of the council give me that chance would would the council like for Mr bastardo to be through I appreciate your opinion and I I'm definitely looking at that but let's just be civil on this deal and let us vote and actually I don't I have no idea there's only five of us so it may not make it anyways okay okay Mr I did read at the first of the meeting 3 to five minutes you have exceeded your minutes you didn't give me a choice between three or five you didn't do B it you blew it I'm sorry sir you blew it you better understand one thing I come from a minority group of people in this country don't you dare violate my rights don't you dare do it sir don't even start there don't don't start don't do that you know that you're out of line call for a point of order right here Mr bastardo you are out of order sir and I'm asking you down call for a point of order didn't you hear me you are out of order I'm asking you to sit down you've

[1:09:52] had your five over five you've made your statement you've had it El on the council want me to hush and go sit down I'll second that I want you to sit down got to get out of here Richard that's okay I agree Charlotte that's five votes Mr bastardo you need to sit down there has been a motion made it has been seconded we will take a vote if the vote fails then I will ask for a second motion which may be to table this until another time but the motion has been made it has been seconded and we will take take a vote on it at this time any other F any further public comment if not I'm going to call for the motion and the motion is to allow this to go from ranching states to single family residence all in favor say I I hel hold up hands that's five votes it is gone to rs1 I believe that this will take care of our consent agenda how about a break thank you let's take let's take a few minutes it is 7:09 and time to bring this meeting back to order uh I did make a mistake when I was going through this because in section e followup and administrative issues we had a consideration of matters in executive and we also had a presentation by David Tumi of acap heal now the we have already voted to go ahead and allow 26 and 27 to be next followed by 25 thank I want to ask the Council on this give me a consensus do you want to go ahead and move back and pick up this followup or do you want to put him after 25 26 and 27 I told him he could have five minutes he can go ahead and go ahead and all right with you Marty yeah winky yeah that's fine okay okay well let's back up again one more time and let's go back up to number e which is consideration and possible action on matters discussed in

[1:11:57] executive close session if needed and we have a presentation by David Tumi of acap Health which deals with this and you got five minutes sir five minutes to yes sir I'm making that plain [Laughter] now I am U pleased to be here today I'm my name is David Tumi and I uh been uh in the uh Marketplace uh in city of Stan Angeles several times and I met with the Council on May 15 uh I got engaged with the city and I got a presentation up here um in August of 2011 and September of 2011 to help you with your health care cost challenges the city council charged the city manager at the time to lower health care cost maintain benefits no increase employee funding your health risk are declining uh I was brought in to help uh solve Healthcare challenges and uh the charge was once again don't increase cost maintain benefits and don't put more pressure on the employees of the city of St Angelo your adviser independent adviser went through a procurement process found uh carriers third party administrators to administer your benefits but there was no savings there because there all the discounts were about the same and that's where I came in I'm a former Healthcare Executive uh ran two insurance companies as Regional president and uh had a vast array of information to help you solve your your problem and lower your health care cost thank you and uh we went through a bid process directly with your uh the hospitals and the local Marketplace and was able to secure a 35% overall healthc care cost uh reduction and uh we agreed at the time that I would be paid on a percentage of savings basis if we didn't deliver any savings to you I would not be paid for my services we presented at May 15th uh with your staff here that health is saving money year-to dat savings as of uh April was over

[1:14:00] $250,000 and we were seeking approval to pay for my services and my team's uh services on a percentage of savings basis we were pleased to get um direction from the city council based on the city uh manager former city manager's direction that we would be paid once again on a percentage of savings basis if we did not deliver savings we would not be paid we followed the precent as with your current contracts that you have in place with your administrator today where it's a they also have 30% and 40% shared savings arrangements for certain Services they provide and at the May May 15th uh 2012 council meeting uh council member hfield uh seconded by council member farmer moved for the staff to negotiate a contract with me uh because we received verbal approval from the leadership team in multiple meetings of the course of August and September and October to move forward after that May 15th time frame I contacted the staff weekly to move forward in a contract execution weekly finally in September we were told soon new city manager was coming on board and that had to be delayed until he got involved so in preparation for meeting with the new city manager uh in November uh just wanted to emphasize to him multiple visits to St Angelo numerous conference calls on this work this is a very involved process uh significant amount of data analysis was done line byline claim analysis to show you savings and then negotiated a three-year contract on your behalf to lower your health care cost when we met with the uh the city manager we showed him that we have saved significant amount of money comparing your current contract with Community Medical Center versus your old rates we'd already seen savings as of June of $311,000 we were paid 30% what was agreed to uh for the savings that we were to uh to uh deliver for you and uh we did a very detailed lineup analysis to prove that we've saved you that amount of money we also reviewed data

[1:16:03] that showed your compliance rate with standards of care was very low and you had to fix the risk of your population because the overall result was 25% now when we met with the city manager and reviewed all this information he turned to the CFO at the time and said at the end of the meeting did we agree to a 30% gain share Arrangement if they deliver deled savings he responded Yes we did the Director of Human Resources then looked at the city manager and asked the question let's talk specific next steps as to what's needs to occur for them to be paid for their services because once again this is over 12 months past the services that we provided to the city and we sent a contract to vendum on November 9th and I got a conf confirmation email on uh November 9th that says I'm so very glad that Daniel's on board and we're moving forward I met with Daniel yesterday about the agenda going before Council he definitely wants to go on the next agenda which is November 20th at that time there was no followup with me I followed up weekly again finally on 228 we had a call that was rescheduled to go over the details of what was transpired from 11:7 supposed to be on the city council meeting on 11:20 no action no follow-up no response to my uh emails or letters or calls finally I was scheduled for uh call on uh February 28th uh the city manager asked for a detailed workup followed up with his uh comments that uh committed to be fair in the payment for the services that we provided and delivered to the city uh saving you sign significant amount of money city manager asked for uh Al alternative Financial options which were provided on uh March 27th no follow-ups no follow-ups no follow-ups finally on August 28th another follow-up meeting and the uh city manager asked for a settlement payment for the value R rendered and during that call he agreed that we'd have an opportunity for me to come to and meet with city council to present the facts as to what's transpired over

[1:18:06] the last two years I've delivered Financial savings to your company or or to your Municipality of $3.9 million those are the projected savings based on the work that was done the arrangement was I was supposed to be paid as a percentage of a uh contract bases that was a unanimous vote and approval by the city council to move forward under a percentage gain share Arrangement your challenge still to this day is bullet number three you've got a very sick population here because people are not compliant you've got individuals that have exceeded your individual reinsurance level of close to $500,000 and once again your contracts going is going to be up next year and you've got Shannon and Community very interested in working with you I received an email on 9 26 one minute I'm wrapping up saying that the city was uh not able to execute a contract due to the fact that AAP was an affiliate of Holmes Murphy AAP is a wholly owned division of Holmes Murphy there is no separate organization called AAP that's not owned by Holmes Murphy my division merged with compass in January 2013 then they uh the comment was staff was authorized to negotiate a contract with uh Kap but once again there was no contract in place to authorize that shared savings payment uh we never entered into a negotiation of contract I've never had a discussion with anyone about the contract and the negotiations of a 30% gain share arrangement we started those discussions and you can ask your independent advisor if we agreed to that it was confirmed in the November meeting of 2012 that was agreed to by the city leadership we were supposed to be on the November 2012 docket for approval and to this day every addendum every conversation every interactions I've had with the city we have emphasized that we only get paid if we deliver a 30 uh savings and we get paid 30% it's a prent you already have an effect with your contracts today you're getting paid on a gain share shade savings arrangement of 30 to 40% I am here to ask for your approval finally

[1:20:10] it's been over two years we've saved the city significant amounts of money I have documentation after documentation as to what's transpired I just want to be paid and what I enter this relationship is the ethics of the company and the individual I was dealing with and that's all I'm asking you to do is honor the commitments that were made to me and my company so we're supposed to be paid $1.1 million I understand that's a large sum of money I'm proposing a settlement of $500,000 based on that uh amount of savings that we've offered and delivered to your organ uh to your to your municipality so I'm asking you to please proceed and approve payments for the services rented and the value delivered thank you s thank you that's said Daniel we need some documentation on all of this uh I want legal documentation I want the votes I want the contract I want to see the signed contract I want to see the provisions in the contract I want it made made made available to every member of this Council and we'll go from there you'll get it thank you those are your orders sir got it okay all right let's move on now and we will take up item number 26 this is the presentation and update on the red royya hike and bike trail project uh councilman Fleming has asked for this and Carl bed norts our city engineer will take it over you have the floor sir okay thank you see if I can get this up uh good evening uh city council mayor uh I'm going give an update on the hiken backe trail that are run between Sherwood Way and nicobar Road uh Tim Wolf's also listed on the agenda as being a speaker I'm going to do the majority of it if we have any questions Tims in the audience to to help out if need be uh and looking back at some uh history of this project uh there's been

[1:22:13] discussions numerous discussions on this project over the years the first I found was back in 2004 uh regarding possible multi-use Trail in this area after various meetings over the years over the last uh nine plus years uh this culminated in a nomination uh for a Statewide Transportation enhancement program Grant through Tex do in December of 2009 and uh this project was selected from many many others that were nominated across uh the state from other cities and other counties so it was a a competitive type uh Grant situation and and this was this was selected um first one I might go over just the budget of this project this is a $4 million project U 3.2 million of that is coming from Statewide Transportation enhancement program Grant that's coming from teex doot 800,000 is City's obligation it's a 8020 type Arrangement uh kind talking about the specifics of the project I said it goes from Sherwood way to nicker Bacher uh there's 4.7 approximate miles 14t wide of improved surface so right now we're looking in a concrete surface um there's four major and six neighborhood Trail heads where people could have access to this H facility uh we're proposing three parking lots now for where people can park to to gain access to this uh 66 parking places at at a milbrook location I've got I'll show you side in a second that shows where these are uh 63 additional parking places at Unidad Park and 25 at near s Ross uh right now in the in the process we have two to three storm water quality ponds proposed uh that may that may change somewhat plus or minus but that's that's what we've got on the books right now six Bridge Crossings uh we're cross actually crossing the rooy with the uh with The Pedestrian path uh and one restroom facility near unit at Park and

[1:24:16] some parks and benches uh throughout and rest areas throughout the U project this a that's a joint project between us and teex do uh kind of going through who's going to be doing what staff at City St Angelo is doing the trail design Trail heads bathroom design storm water ponds parking lots uh getting the core of engineer permit uh situated so we can work in in that area doing preliminary bridge design and be doing the inspection on the project and tex dots doing the grant Administration they'll be reviewing our plans they're currently working on the FEMA study that has to be done for us to work in that flooded area they're almost through with that understand Bridge division in Austin is doing the final bridge plans for this project uh they'll be head to the leting for Tex dot doing some testing for us and possible lighting we're we're still kind of up in there on the lighting issue I got three slides here that show the uh location of this H Path U path project this is the Sherwood Sherwood Way end of the project uh um I've showed the trail heads and the neighborhood Trail heads where people would gain access I've got a slide here that shows kind of what those are here in just a second I said this is the West Westerly end of the project Central area of the project College Hills area uh across there right in here we're showing uh two of the the ponds and these are are still uh in the design phase we're looking at where the location of those would be we did show the two parking lots you'll see there at uh milbrook and at Unidad Park uh the red triangle you see there as the restroom facilities were being installing as a part of this project at Unidad Park uh the final leg of the project takes it up to nicer uh Crossing Soul Ross you'll see there with uh neighborhood Trail heads and a trail head uh parking area they on SOL Ross

[1:26:21] kind of in and as it's shown there approximate location and uh connecting on up to nicer bachra this would be kind of hard to see it apologize for that should been a bigger scale but the uh project the pathways be a 14t wide uh path uh for the most part it'll be on the ground level uh with the embankment slopes protecting you know side slopes for people if they end up stepping off of it so have sa a matter of safety there I do show a cut cut section the bottom there'll be some areas where I'm sure we'll have to cut through there it's not a very flat area there'll be some cut areas and there'll be some fill areas but uh it should be generally following the lay of the land that's there we did propose six Bridges where we actually cross the aroya with the with the bridge facility like I said this this is uh being designed in with tech out Bridge engineers in Austin right now we do have a bridge rail going across it it's a Concrete type Bridge rail that we will with stand floods that could hit it to the best that we can build there for that facility um David nap is also in the audience here that's uh working with us to design that get the trail heads designed and the neighborhood trail head Design This is really a concept of pictures that uh David's looking at U don't hold him to to that exactly but that's a general concept he's looking at uh these these will be uh positioned around the Trail to give people quick access to U where they're at how long the trail is that type of thing what kind of shopping might be nearby uh Parks might be nearby that type of thing and dve is going to be working with ASU students to produce a logo for this and trail maps uh the fin final thing I have here uh concerning the storm water is uh we're going to be cons be constructing storm water ponds in various locations throughout the project um these will be

[1:28:25] uh intercepting the flood waters and hopefully in improving the the storm storm water quality as it goes down stream uh project timeline just to wrap this up uh Pro in the current stages of design current final design uh our plans are being continually reviewed by Tech do to make sure we're within their guidelines our final plans were shooting for a January 2014 uh deadline there and letting sometime in July of next year and the project time tentatively is around nine months and what we've shown there on on the P I might back up just a second is really tentative we we plan to have several alternates in our bid to where depending on how the costs come up that we could do more we may have to do less but that's that's our first shot at it right now with that that's all I have for you questions a couple of questions I have one um you said it's going to be concrete the whole way right so it's going to make it nice and smooth where people can push strollers and bicycles and things like that yes sir it'll be real nice okay and then um do you foresee any problems with the starting in July there's a lot of problems that are out there we have core of engineer permits we have to get we we're dealing with some archaological issues I was talking with the techar representative tonight we're we're hoping to overcome all those issues and uh my goal is to to make that happen I I think the way the funding is set up we we're up against a tight deadline on this so it's uh I think it's it's got to happen in July at the latest the reason why I say this is on I'm sorry Charlotte one more thing reason why I say this is my next item is I'm going to kind of tie these two items together uh somewhat as best I can but um timing is the issue and and my next item we're going to want to move forward before that before the end of this thing would be done so that's only all the questions I have good thank you Charlotte I just listened to your presentation and it totally

[1:30:28] matches including the maps that uh I've had since June of 2009 in the book that this has been working on the timeline is what bothers me it has taken a long time to get this thing kicked off and started I started getting involved in 2005 then we waited in 2009 so I would like to push it through as fast as we can the funding's there it's been granted you know through a grant and the people have been hearing about it and we we need to see something that that is being done and I'm more than happy to share this with Mr Fleming if he doesn't have it I don't uh that will let him know give him some ideas I just would like to have it back but I'd like to share it with you thank you okay anyone else uh yes uh I would like to meet with you sometime in the next week or two to talk to you about the uh storm and floodwater ponds if I may and see what you have in mind and and let me tell you what I have in mind uh in in in fleshing out and completing this project I have a little concern that this thing has been designed for for such a long period of time uh are you running into any change in circumstances uh of the area that uh that give you cause for concern um what we are having cons concerns me with the U drainage is this being a floodway we have to have zero rise we have to have a zero rise CER certification through FEMA and it's one of the certifications we have to do we're doing Hydraulics textiles working on hydraulic calculations and drainage calculations to make that happen and that's where some of these uh drainage detention ponds are actually coming to a place so we can kind of displace some of the volume that we're having to build up for some of the bridges the bridges are not going to be very high like you consider an overpass here on the loop or something but I mean they do come up uh a distance where we're going have to displace that feel that we're having for the bridges how long is it do you anticipate before FEMA completes their study well we we just we actually do the study ourself

[1:32:30] and if we can certify that then we're good so and we're we're within a month of doing that I think okay Mar do you have anything M Fleming the last thing the cost I know this was done so long ago are we still going to be able to get what because cement costs have gone through the roof in the last three to four years that's the reason it kind of threw in the deal about the alternates I'm hoping I mean you fuel's going down now so I'm hoping maybe the prices will get a better price but uh we're we're right now working on a final not a final estimate but a tighter estimate right now to kind of see where we are okay um we're hoping we can do that that's the best I can tell you today okay thank you I think what I'm hearing is gidy up yeah okay do is there any comment from the public on this after hearing the discussion come ahead thanks for that presentation by the way very good yes sir state your name th minutes Rob Ellers I'll take much less than three minutes but I'll take probably more when I come up in a few minutes on another subject uh did I hear concrete is the building material MH okay as somebody who's run for about 32 years now um I run for a lot of reasons but I also do it to stay in shape um I will tell you that running um on concrete is one of the most destructive things things imaginable to the joints also walking um I would suggest that you look at Cinder or asphalt both of which are much cheaper and both of which will help you keep your health care costs down just a comment thank you thank you sir anyone else care to speak to this if not we thank you for the presentation let's move on now to item number 27 pardon me this is presentation to discussion on issues related to gun Club Hill Road at Lake nasworthy brother Fleming you have the floor sir okay it it came to my attention really actually came to my attention about the problems

[1:34:33] out there on Gun Club a long time ago way before I was ever elected to this position um I am myself I'm guilty of walking and running around gun club uh do we have a slide pres I think we have a slide presentation here we're going to present at the same time I myself am guilty of walking and running around gun club and um the residents there are in my district and and they came to me and just like they've come to I think several of the other council members that have held my spot in the last several years and they asked me if I could help them try to stop the amount of traffic or lesson not stop really that's a bad word but lessen the amount of traffic that's up there their main concern with what's going on on up on Gun Club is safety we are so lucky that someone has not been hit and either killed or are hurt permanently over the years and it it it truly is just pure luck that it hasn't happened yet it will happen What I Am U I've got a group of people that want to speak to us here I think Tad is one of them U we we got a petition from the homeowners that are on Gun Club and what they would like to do first of all the the area where the parking is where all the cars park for the people that that hike and and Jog and walk that area that is not a designated parking area we the city kind of have messed this up over the years where we put in a trash can we put in some benches and we made it look like a parking area but that is not a parking area that I believe that it's designated as a wildlife refuge if I'm correct on it it is and so it's not there's not supposed to be any parking in that area and we we kind of overlooked that because there's not an ordinance in place that can really allow us to ticket that the people that are there my proposal is that we put pipe fencing around all those fields that are there and help the residents I don't I've had a lot of people come to me and say they would

[1:36:35] like to have an ordinance to say they're not allow any walking or jogging around this I'm not for that I'm I'm not going to do that what I am for is stopping the illegal parking that's going on on up there in that area if someone lives on Gun Club they should have the right to be able to run it walk it whatever if you can if you can run or walk out to Gun Club you should be able to run it or walk it and try to be as safe as you can but if you don't live there and you can't get there without driving your car and parking it in that area that's you can see the cars and that one picture that just flashed I think there's about 40 cars parked there and this was not actually in the last two or three weeks it has not been very busy we were trying to get pictures um I know of times and the residents have expressed to me at times that there are over 150 to 250 people walk that Road in a single day can you imagine living on a street where 150 to 200 people people walk around your street and you have a hard time backing out you have a hard time going around a blind corner where you're afraid that you're going to hit somebody my biggest worry is that I have a friend out there that has a boy that's in high school we all know how high school boys drive and it's it's a miracle that one of these people has not been hit especially ladies pushing strollers won't be able to move fast so my proposal is that I would like to do some pipe fencing around all the field there and put it back to where it is get rid of the trash cans get rid of the bench that's there they shouldn't be there to begin with and um I would like to not even use City money for this I would like to use the lake nasworthy fund I think that we could possibly use that money and to put the pipe fencing around there and take it back to a wildlife refuge like it's meant to be did you want to say a few words Tad yes I think there's a couple people that want to say a few words is there any other Council comments on this Wildflower Wild Flower not life but there is wildlife out there but it's wild flower Refuge I believe thank you

[1:38:38] yes that's correct uh in fact I believe it was dedicated about 15 years ago with that sign six years ago it disappeared we don't know why uh but uh anyway yes that's I mean we're petitioning and I don't know if y'all received copies of the petition but anyway what what we're trying to do is get this area piped fenced uh which is probably going to be 1,00 to 1200 ft of low 2T 18in fence just so you can't drive through that area um but the purpose of that is if you don't if you can't walk over there then you don't need to be walking in the street and we also at the same time which I put on the petition we need to go ahead and and realize that we've got penal codes that are being violated and transportation codes um I also got some copies of that just to give you some examples in the penal code basically no person has the right to obstruct a highway Street sidewalk Railway Waterway aisle or elevator and this is a state law Penal Code this is under Section 42.0 3 and for the purpose of this section obstruct means to render passage unreasonably inconvenient or hazardous or impassible well I'm forced over on the left side of the road at least three to four times a week and that is a hazardous situation U our main concern is safety out here and I don't want to be the one that runs over mother and a baby out there and we've got a lot of people in that same situation uh and like uh Rodney stated we've got some we've got a lot of construction out there we've got one ton trucks concrete trucks coming through there the trash truck even comes through there at a high rate of speed at 6:30 7:00 in the morning these people are walking in

[1:40:40] total black out there I stopped the guy the other day and I said do you not understand I didn't see you until I was 30 ft from you uh at least wear a white hat I mean do something that we can see you but the safety issue is just gotten further and further out of hand uh he was saying 150 to 200 a day we're we're approaching 300 more especially during a four or five month period but uh anyway also in the transportation code just to earmark it um it basically states that Walkers or Runners along highways or streets are to stay near the left edge of the highway or on the shoulder and in the next paragraph it says a common sense meaning has to be given to this element this can never be construed that a pedestrian can walk anywhere to the left of center stripe they've got to maintain they've got to have enough sense to walk over on the shoulder on the side of the road which that's been our biggest problem we've got Defiance now from the pedestrians who think they have the right to be in the middle of the street uh just like last night my wife's coming back home at 7:00 there're three AB breast guys on the inside he's not getting out of the middle of the street she there's a car coming over the hill so she's about 2 feet from him going real slow he slaps the side of her car and gives her a gesture well that's the kind of stuff we deal with every day and the next time he needs to go to jail I mean that's just total Defiance of the law right there but anyway we've we've got a real problem problem it's just continued to Fester the only way I know to deal with it is to say no parking put up the signs and say they're violating the transportation code the penal code re and have we're going to have to have the police come out and not allow them to park in the shoulders of the road out there in the drainage ditch anywhere all

[1:42:45] that's going to have to be for a couple of months it's going to be tough but this thing's gotten to a point somebody's getting Mim or killed it's not it's just a matter when but anyway we've got several people that would like to bring up their own interpretation okay Ted thank you who's next Rob Ellers again five minutes five minutes that's pretty generous thank you sir uh Mr Mayor uh members of the council thank you uh councilman Fleming thank you very much for supporting this um I've been resident with my family uh on the loop since 2007 I run it regularly and I have seen uh many of the problems that uh that Tad has just described I'd like to give you my own my own view of what's happening out there and I'd like to thank Tad for inviting me out to do that um we live on Hillside Drive which of course is the other part of gun club that forms the What's called the KOA Loop uh when we moved there in 2007 uh Rush Hour for pedestrians for people who are walking was around 20 maybe 25 people um now in on hot summer days uh during Prime Time morning evening um and even fall winter and spring uh we will see 100 to 250 on a very hot day maybe 300 in the evening uh that would be okay uh under other circumstances but the unique circumstances and I think everybody knows this but I'll reiterate them are that this Road has 11 hair pin curves no sidewalks and in general no burm and about one quarter of the people who walk the road and I run it all the time and I drive it every day because I got to use it to get to and from work at Angelo State about one quarter of the people walking the road do not obey Texas pedestrian law um we have made innumerable phone

[1:44:49] calls um we have tried to stop and explain the the law to people and I will tell you what generally happens when we do that here in a minute and um it has gotten to the point of Crisis quite frankly the city has 38 parks and another very nice opportunity for Walkers coming right in the middle of the city let me tell you about some of the consequences of what's happened in this sort of um pedestrian creep that the councilman talked about uh I personally and all of my neighbors can tell you similar stories have had multiple near misses caused by Walkers and Runners disobeying Texas pedestrian law walking on the wrong side of the road walking in the middle of the road crossing the road just randomly in front of automobiles including mine when I'm driving on the road um I've had to slam on my brakes um I've to Swerve uh this is in a place where the speed limit is between 20 and 35 M hour I've had multiple near misses uh caused by Runners and Walkers who are out at night without reflective gear unbelievably dangerous um my wife and I a few months ago passed an entire family walking with traffic on the wrong side of the road all in dark clothes with a black baby stroller and black colored baby stroller and no reflective gear here couldn't see them just about ran them over missed them by about 10t I mean was able to start getting out of their way at about 10et uh the degradation of the grassland of the Wildflower area is significant not only because the wild flowers are dying but because if you watch what happens when the wind kicks up there in the summer uh and what it does to the to the uh KOA Campground owners facilities and to the people where am I one minute one minute okay then

[1:46:53] you'll see you'll see what I'm talking about the most significant experience I had coming around one of The Hairpin curves fortunately doing the speed limit um two kids on bikes two dogs off leashes um one kid went off the road hit a tree got a head injury the other kid crashed in the street uh multiple Cuts contusions uh the dog missed my front tire by well my front tire missed the dog by about this much um we have uh people who have thrown rocks at our vehicles hid our vehicles uh curse at us do all kinds of things when when we simply try to stop and explain the law and what they should what they must do if they would like to walk on that street so my cut on on on this and I appreciate it very much uh councilman Fleming that you're you've taken this up thank you thank you sir come ahead ma'am state your name and you got five all right five or three five I'll give you five uh my name is Marilyn Ross and we live we have lived on Hillside for over 32 years and it is getting progressively more and more hazardous every I mean by the month almost but um the um besides the things that have already been mentioned we've had people come out there on skateboards and not just on skateboards but being pulled behind a car on skateboards we've had people little old kids riding uh bicycles with training wheels they have no control over the bicycle why the parents put those children in that kind of danger I have no idea that that's you know that's their most bable prize possession and then they're you know expecting them to get you know make it through there without getting injured and all but um

[1:48:56] anyway and then besides that we have people that ride uh their bicycles uh I bet some of those bicycles are going 40 50 m an hour around there well those blind curbs and hills and stuff cars can't see them coming that fast and they can't see the pedestrians walking with the um strollers and all and all that and the uh dogs anyway they're just numerous numerous uh safety hazards out there and it's you know it's scary to have to live that way every day coming and going that's the only way we have to come and go and they have a choice where they can walk but we don't so thank you very much thank you ma'am Kirby vanover uh I'd say like to say that it's it's past time to really act on our situation on Hillside gum Club it's uh I had my father drive over 300 miles to visit us one week and he came in and he was in his 80s and he's coming around the the curve and uh there's there's one curve that we really don't show Justice when you're come around the the very end about a mile into the circle and that's son hit you right in the face you couldn't see an elephant walking around that curve much less a little baby in a strugger and and a couple of people walking he just barely missed these people and he was so shook up he it just ruined his whole trip coming out there that was just his one day every day we have to try to go around that hill to go to work and we cannot see the people the sun hit you right in the face there's a couple of turns that there's it's just impossible to see we've got over 30 Parks already in place in this town we've got over 27

[1:51:03] miles of walkway beautiful it's there's a lot of places to walk in this city I ask you women men to vote and let's get this safety hazard cleaned up and let's get it where we can be safe here in Stan Angelo thank you sir who else wants to speak to this this is your opportunity I'd like to move that we that we proceed with the process of trying to figure out if we can use one if we can use the money from the lake nasworthy fund and I would like this I would like the process to start in the spring us building this and taking it back to legally where it should be at I'm not asking them to do an ordinance to stop the walking and the running I'm asking us as a city council to stop the illegal parking that's there take out the trash cans take out the benches put up signs that say no parking and it's a Tollway zone for anything on the shoulder there that's what I'm asking for this is a it is just presentation and discussion it's not an action yes I just want us to move forward though on this yes ma'am could I ask Chief to come forward and talk talked to us where if we piped that off and people couldn't park there what kind of problems or non problems or how it would help or not help uh with traffic concerns because that's right on a curve going over the bridge well you know this this has been in front of council a couple occasions and uh We've offered some suggestions some of the things have been implemented uh we did make a we didn't but the city chose to make a No Parking Zone along the KOA area and then uh create a parking location for the other vehicles on the other side of the road there are benches there are trash cans um you know there there was a couple of suggestions that that we had brought forward we go out there we ride parking tickets we we Patrol the area um

[1:53:07] we we have signs posted already on how and what direction people are supposed to be walking um obviously it's you know there's a lot of self-discipline that needs to be taking place uh our officers uh make it a regular part of the lake officers make it a regular part of their duty to drive through the area and when they have people walking on the incorrect side of the road to have them follow the rules properly uh but we could be out there you know when you have two or 300 people you could assign an officer out there all day directing traffic our our suggestion at the time or my suggestion at the time was uh either privatize the road and then let the lake Homeowner Association maintain that road and then you can make it a private road where people don't have access to it or the other was we also when Clinton was here we looked at creating a oneway for the vehicles to go one way uh so really the choice again comes to council what are you willing to do I guess by ordinance you could keep people I don't know if you could but you could create an ordinance where that would be a no walking area the problem with that that came in that came beforehand was uh when we had the discussion with some of the residents it is a beautiful area to walk but if we create an ordinance for people to not go walk neither can the residents walk or ride bicycles on that roadway as well so then that's where we came up with the idea of privatizing the road it's their Road they maintain it and they have total control of the road but uh we spend a lot of time out there um I hear them on the radio every day checking out and that's what they're doing with the pipe rail fence there though Tim don't you think that would be the third option and I think that's the best option I think you put that all the way around and we put it off just like it is starts up there you know from the very beginning it kind of starts up there up against the hill we just bring it down and run it around and you put the no parking sign on that side you know I haven't I haven't really looked at the at nicer Bacher in that area to say that the the shoulder's not wide enough so I don't know if if if people would start

[1:55:10] parking on the shoulder and walk to that area well they but then we don't we don't solve the problem we still have all the Walkers there and um so I mean you could pipe that whole area off and and not have parking and we'll continue to go enforce in right parking citations like we do and and I think mostly now nobody parks in the no parking Zone well that's not true I saw the other day when I was out there there was four cars in it so yeah and and you know our guys usually come in around 10 some I think one guy comes in at 10: and another one comes in in the afternoon but and I'm not holding this against you guys I'm not saying that what I'm saying is I'm trying to help these people these are people that live in my district and you know if this was my street I live on a circle a little if mine's a little tiny Circle but if I if I had 300 people walking around my circle every day and I'm I don't think there's a single person in this room that would disagree with me on this it would drive you nuts and then you're scared you're constantly scared you know if you come in late at night um of hitting someone I just don't think you should have to live like this and you know at uh at me being not politically correct which I have a tendency to do sometimes on this microphone I I would say that my officers need to be spending more time fighting crime than worried about pedestrian issues uh especially on this area it is time that something is done and there is a consensus made that corrects the problem and so my guys can get back to doing policing and not traffic control on a private on on a road for Walkers I believe that the piper rail fence is the way to do that we're going to we're going to narrow it narrow it down I mean right now you've got a giant parking lot there I I counted 40 cars in that parking lot the other day if there's you know even if there were only one person at that one single time when I was there there were at least 40 people on that road at one time there probably was closer to 50 or you know the military takes their guys out there too and and they get out of the bus and they all run around I know but they shouldn't and and you know I I like that they' be able to do that but run somewhere else where you're not it's it's too many hairpin turns too danger

[1:57:14] absolutely the only way you're going to get them run anywhere else is making it against the law stop the parking good luck I don't want to do the ordinance to stop the residents from running there or something or if you if you drive and your best friend lives on that road and you're and you're jogging with your best friend you go park in your best friend's driveway and you get out there and run is the the spot on top of the hill is that open to the public or is that is that gated off do y'all know I don't know I I don't know I mean that's city property as well is not yeah so I'm just yeah we talked about you know my first when I first started talking about this we talked about maybe possibly doing a a loop interior like raise it up 20 ft above where the Ro is and go around the top the kind of Midway down the mountain well first of all the expense would be out of this world second of all you still have the parking I mean the parking is the issue if we stop having 40 people park there at a time and you have three people park there you know it make it a lot it I'm not solving the problem 100% and I you know I'm going to make a lot of people unhappy on this but the people I care about the most right on this issue is the people that live on that street and I and I'm worried about someone I'm just worried about somebody getting hurt absolutely absolutely it's it's a very dangerous area and the more people we get on there the more dangerous it becomes I don't know if part if putting a pipe rail around that area is going to solve a problem but I mean you can try there's another thing that you can try but that's it bring us some options thank you thank you sir any other questions thank you Tad I'll work I'll work on this and try to figure out how we can get if it's possible if we can get that money right okay for the I want to I don't want to drop this though I'm serious we ready to move on Bren Delle have waited patiently for number 25 presentation of downtown DSA Incorporated 2013 second quarterly report Dale Vasquez Brenda Gander y'all have the Flor thank you Council uh mayor uh we're going to try to make this as short as possible we've uh we've been

[1:59:17] very active in the last few months uh but I want to bring up one of the uh sponsorship that we provided uh for the colorup run it's part of the Riverfest uh we've got over 2100 registrations that we will be uh oh thank you that we will be uh hosting downtown over the next two days uh and about 25% of those are are are from out of town uh and we know that from the registration information so we're very happy about our participation in that and our sponsorship the other thing I want to make sure is to give credit to the uh Chamber of Commerce and the St Angelo cultural Affairs Council for their support and providing us seed money uh to be able to put this uh uh event on as or be participants in this event uh and providing a free concert for the city of St Angelo and so I want to make sure that we those that that that is acknowledged uh last weekend we had the art over Fest which an event that we started back about 2006 uh it was to highlight the Sheep spectacular project the fiberglass sheep I think I've reported that uh to y'all before we're up to 80 sheep that we've sold um and so we're obviously very proud of that uh contribution and the contribution back to our organization uh again numerous numerous things going on but I wanted to highlight those two and with that said now we're going to get into some economic numbers before I start with the numbers one of the things we would like to give you a copy of is one of the items that we are working on to help promote downtown and to make sure that everybody understands the depth and breadth and excitement that is going on in downtown in partnership with the standard times we are developing on a twice a month a twice a year basis a downtown historic downtown s Angelo uh direct mailing piece and you're about to get a copy of that I think it um particularly shows the excitement and and the quality of

[2:01:24] businesses that exist in downtown St Angelo Inc one of the things that we do to measure the success of downtown is to look at the sales tax and the liquor tax revenue as a guide to telling us what is going there so if you take a look at the 2013 second quarter numbers you will see that the city of St Angelo had a$ 72,5 55 pickup in their mixed beverage dollars from the same quarter the year before in our Central business district we look at two different areas the central business district and the Main Street District our Central business district goes from Harris Street to Randolph to Washington to Magdalene our Main Street District goes from Houston Hart to the Bryant Boulevard to Washington Street and to um the river if you look at the Central Business districts mixed average tax report you will see that we picked up 44,000 almost $45,000 in u the second quarter which was a 33.5% increase over the previous quarter in our Main Street District we picked up $50,000 which was a 28.8% increase from the second quarter the year before today the mixed beverage dollars generated by the downtown St Angelo Inc businesses now represent almost 30% of the total mixed beverage dollars in downtown in the city of St Angelo sorry so we're very proud of the increase and the opportunities that has um brought to downtown if you think back to the Year 2005 there were three businesses that were open after 5:00 in the evening one was Blain's Pub one was F's restaurant and one was Miss Hattie's restaurant today we're proud to say that there's 17 bars and restaurants in the downtown area which represents that 30% increase in the revenue driven by our downtown area in local sales tax revenue the city of s Angelo did

[2:03:28] 6,248 th000 or almost two U $249,000 it was a 12.63% increase or change of $700,000 from the year before if you look at our Central business district again that's from Harris to Randolph the Concho River and Magdalene Street we picked up $105,000 in second quarter of the year before which represented a 4 1.51% increase and um was which was $30,000 um almost $31,000 from the previous year in the Main Street District we picked up or we did $324,000 in second quarter which was a $70,000 pickup over the previous year and an almost 28% increase if you combine the sales tax and the liquor tax dollars generated in the in the in the district you will see that in fact the the city of St Angelo picked up 16.94% combining those two sales tax revenues meaning mixed beverage and sales tax where the central business district picked up 4031 31% and represented 4% of the total and in the Main Street District we picked up 99.73% or $714,000 and represented 10.19% of the totals numbers total Ci's numbers the other thing that we constantly look at is the changes in terms of permits or sales in the downtown area to look at what's happening with our businesses or buildings the 334 West Concho Avenue had been purchased um last year and they are remodeling it for a studio in the front and for living quarters in the back and upstairs at first First Financial one of the businesses has improved their offices by $5,000 the Crockett County National Bank improved their property by $6,000 sealing up interior windows All-American

[2:05:32] Chevrolet spent $42,000 improving their facility ml Lees added a back porch to their building which in was a $2,630 expenditure Starbucks of course we know has opened up or is about to open up their new facility spending $200 50,000 on Third and Bryant Boulevard Kenny Frank improved U their facility by $10,000 with a carport and the most important um addition to downtown St Angelo Inc is the Texas Financial Bank which is a Ben stribbling facility which um has spent $365,000 for new office and new behind the scenes um action for his banking facility we then um the 119 South chap building sold for $640,000 and if you take a look at what that uh amounts to is that since 2005 we have had a reinvestment in the downtown s Angelo Inc area between private and public buildings and people $79 million with a second quarter representing a $727,000 increase over second quarter the year before if you'll go back to the businesses the new businesses that opened up in downtown St Angelo Inc is a children's clothing business at 5 East Concho Heavenly shoes at 43 West 2ig yiggies at at 37 West koncho mad style vintage at 9 West board NOCO Sal salon at 212 South Irving off the pages beastro which is in the new library the Revival of St Angelo at 59 North chadburn re's Floral design at um 208 South Irving and Wise Guys um there close to the museum in downtown St Angelo Inc that is our overall presentation you have our financials in your packet if you would like us to

[2:07:36] address any issues or questions for us we'd like to hear those now Council questions are we trying to Target other businesses except for bars I've heard that you know there's a lot of bars that is correct and yes it is one of the things that um I think when we talk about trying to Model A downtown area would' like to see continued retail growth one of the challenges that downtown s Angelo Inc has of course is that it is a district of private property ownership and so what we want to do is not necessarily what we can make happen to do and certainly if if you start talking to a lot of the businesses bar owners versus retail you would say that most bar owners have probably had a greater success factor than the retail business for one of the reasons if you take a look at it you say that it's pretty hard to do the bar business on the Internet it's pretty easy to do retail business on the internet one of our great challenges is the following is that um many of our downtown businesses are closed on a Monday they're closed on a Sunday many of them close at 6 o'clock at night and if you take a look at the national trend for retail you would say that most retail businesses done from Thursday till Sunday and so what you're dealing with is a lot of people that if you will they're independent entrepreneurial who choose to take their own focus in terms of when they want to open their business we have worked aggressively to encourage people to open on Sundays we've encouraged people to open later than 5:30 but unlike a mall we cannot force anybody to do anything one of the advantages you have in a mall of course is you can dictate a lot of of of how someone will run their business the hours that will be open the days that will be open we don't have that opportunity in in downtown St Angelo Inc so we're up against that challenge if you take a look at what has happened nationally in the retail business we know the car business has been good the home selling business has been good the appliance business has been good retail business across the country has been

[2:09:40] very soft in the second and third quarter so you look again at downtown s Angelo in you see that those retail business isn't nationally trending as well right now as other things um and so um yes we agree it is a challenge and we'd like to change some of that that uh uh statistics on that we do know that one of the big opportunities that we have if we can make it happen is if you can change the living conditions downtown meaning more downtown living will change the retail business will change some of those other Dynamics we were part of the um Open Spaces um event in September as well as we helped hold an open house with 30 West board um couple weeks ago uh we are so thrilled that the three people invested in that building um those apartments if you haven't seen them are fantastic and we hope now that that facility is open that other people will look at it and say I think I could do that too that's what I want to do we have uh as you know have acquired the Roosevelt Hotel we have um worked with a couple of people the people that are interested in that hotel in terms of perhaps developing it are all interested in downtown living we met with a gentleman two weeks ago who is does not live in St Angelo he actually lived in Waco and did a lot of revitalization in Waco using Market tax credit dollars and has had great success he is very interested in St Angelo he very interested in working with us on the Roosevelt as well as another building and as he said it's so amazing to see what's happening in St Angelo because most cities have downtown living first and services follow whether they be restaurants whether they bars whether they be retail we are lucky in St Angelo downtown because we have a a grocery store nearby in fact two now we have dry cleaners we have Banks we have medical we have drugstores we have all of the

[2:11:43] services that are important to make downtown living happen and he said I've never seen another town who's had the success you guys have had in downtown without downtown Living Charlotte yes could you tell me how much money a year the city of St Angelo contributes to downtown St Angelo $75,000 thank you and that dollar factor for us last year um based off of the money we raised uh was um 34% of our total budget last year okay on your profit and loss budget versus actual that you provided for us uh is that $75 000 is not included in that line it's all included in the um contributions in contributions That's Where It's At than it's in Revenue so it's in contributions yes further comment from Council do we have any comment from the public on the downtown presentation if not thank you very much thank thank you y'all all right you want to stop for a minute or keep stop like take a short break let's take a break oh several items left and it is 823 and we're going to push them through we are now ready for item number 28 which is a presentation of the city of St Angelo Development Corporation calendar year 212 annual report discussion possible action regarding goals objectives procedures for Costa DC your on brother snan thank you sir good evening uh I'll try to keep this as brief as I can but it's yes sir that's that's that's it is annual says it's about a Year's worth we can do the short version which would be the end um uh I do want to point out that U uh I've uploaded the the annual report to the website now so at it's at www.s angelod development.com or you can now go to Advan s angelo.com and we have a portal there that has all

[2:13:48] of the um uh Economic Development partners website so you can just click on whichever one you want and that is again www.advance angelo.com and I just stole all of John Dugan Thunder on that one because he hasn't really um released that yet so the uh the mission statement for Costa DC is working with economic development Partners Costa DC retains strengthens and diversifies the job base of the community to ensure a vibrant business climate for S Angelo and the region and this shows the uh all of our um Economic Development Partners uh which includes of course the uh Development Corporation um the Chamber of Commerce Small Business Development Center the business incubator now called the business Factory uh the Contra Valley Workforce Development board city of St Angelo which is one of our obviously most important Downtown St Angelo and Howard College and we've got this all centered around now the business resource center logo um because we are trying to uh concentrate a lot of our efforts now through the business resource center I was going to tell you a little bit about the evolution of uh Costa DC uh of course original ballot was passed in 1999 and it was approval of a half cent sales tax and had very limited approved uses including Dred the dredging of Lake nasworthy some Coliseum and Fairgrounds improvements and the promotion and expansion or promotion and or development of new and existing uh or expanding business enterprises and it had a term of six years for uh uh that original ballot issue then in 2004 uh it went to the voters again the um approved uses were extended I'm not going to go through each and every one of these but there's quite a list of of approved uses and uh one of the biggest CH changes was that the term was EX Ed

[2:15:51] for 20 years 2010 it went back to the voters uh the approved uses basically were voter approved projects affordable housing uh which was extended for a 30-year period at the current rate which is $335,000 a year water related projects on an increasing basis from a minimum of 21% of total receipts increasing up to a maximum of 72% of receipts uh as the voter approved projects are paid off which then uh left a Max leaves a maximum of 28% for economic development related projects Capital Improvements and infrastructure projects other than water infrastructure and economic development requiring additional funding must be submitted to the voters uh for approval so that was the biggest change in 2010 was the 7228 split and in future um financials you'll see there's we we now run two columns in the financials the ballot side projects and then the economic development side economic snapshot uh for 20 and keep in mind this is 2012 calendar year um uh so it these numbers have changed and there are some things that have gone on in the last nine months here that um will not be reflected in these numbers but as everybody knows for example the uh oil and gas industry is uh really starting to pick up so these numbers are going to be skewed considerably but um first quarter uh from 2007 through 2013 this gives you an idea what uh what has happened across the industry sectors uh in the information sector we've lost a a number of jobs uh everything else we've picked up um the most being in trade transportation and utilities and also in Leisure and Hospitality third behind that is education and Health Services new businesses Tom Green County from

[2:17:53] 2007 through 2013 and this is first quarter third month uh for each of those years again uh professional business services um showed some some significant gains 38 new companies also Leisure and Hospitality uh Education Health Services 25 um some losses in financial activities information uh manufacturing jobs actually went down during that period um one of the better indicators of what's going on is the half cent sales tax and our our sales tax receipts overall have gone up now for three uh 36 straight months uh so since we had our low in 2009 um which is actually the uh Gold Line there in 2010 uh was kind of up and down but 2012 2013 have been good years for for uh sales tax idea of the balance sheet give you an idea where we are uh this was again the December 2012 uh balance sheet this is not an audited balance sheet the last audited statement we have is from the end of fiscal year 2012 which would have been September 2012 uh we had total assets of 6 million 6.1 million roughly uh total in checking and savings was 4 .6 million counts receivable about 400,000 other current assets including the inventory at the business park uh total just over a million uh and then liabilities uh we had unreserved fund balance of uh 2.8 million uh so the balance sheet balances under marketing and recruitment uh in this presentation by the way follows generally with the the format of the report um that I believe you had a draft copy of in your in your um packet uh of course marketing recruitment is

[2:19:54] done by the S Angelo Chamber of Commerce and it's done by a contract uh annual contract with kosa DC the annual contract amount currently is $225,000 and we are in the process now of renewing that contract um marketing efforts uh through 2012 attended five uh John Dugan in particular uh attended five trade shows 10 Association Advance hosted 21 prospects here here uh ads placed in trade magazine 6 marketing material sent to trade show cont contacts over 600 and we had a request for 49 different proposals from different companies some of the recruitment projects of course our latest is medh Hab LLC um which is a medical device company uh doing Mark manufacturing and sales uh the job Target job creation is between 75 and 225 jobs intended capital investment a minimum of 125,000 within 2 years capital investment or lease within 6 years up to $2 million and the incentives include uh job creation uh at at a rate of $7,900 per job uh or per full-time equivalent of $1.8 million maximum and they must retain uh those jobs for six years from the date that they receive an incentive and to date they have not received any incentive uh capital investment 15 we we have a a we would give them a an incentive of 15% of their capital investment to 300,000 Max uh real property investment within 6 years uh 52% uh up to $575,000 code compliance items uh if they were to buy a building and had specific items they needed to specific improvements they needed to do that were code related uh we would pay 25% of those up to 12,500 maximum rent forgiveness uh they are currently located at 2009 West Bard Avenue uh

[2:21:59] which is our cbcd or Kono Valley Center for entrepreneurial development business Factory Annex uh three years at a dollar per year uh and that lease was valued at $188,000 per month uh so when you see the the rather large numbers in U incentives to Med have keep in mind that one of of those things was that they uh they agreed with us that to to value that lease at $188,000 a month so there's a huge uh apparent incentive there that's that's no cash out of pocket as of December 31st medh Hab had received no incentives and to date uh they have not received anything other than uh rent forgiveness and I believe they have about 10 employees now uh in St Angelo ethicon um in 2012 uh we entered into some negotiations with them they intended to spend between 16 and $28 million uh their local plant uh to upgrade uh to newer systems and also to retain and or retrain uh up to 30 atrisk positions to date they have not uh signed the agreement for the uh 30 positions they've only done the um tax rebates uh they have however done the majority of the investment that they intended to do and uh they continue to be a good good uh client of Costa DC's herfeld Energy Systems uh formerly marford herfeld this was an agreement that was entered into in 2010 to for an energy plant uh they did a they made a capital investment of $20 million in phase one which they have completed and they were looking at the time at an additional $20 million investment for phase two intended job creation was up to220 5 uh full-time equivalents actually in 2012 the first two quarters they hit that uh Target of 225,000 and actually exceeded it however in the second two quarters as we went

[2:24:03] through our audit of uh their annual report uh we noted that their their employment had uh dropped off um we evaluated the second two quarters at um about 155 full-time equivalent positions down from 181 that we had originally incentivized we are now in negotiations with them to uh look at a longer term plan and how we're going to how we're going to address that they have um gone away from the uh Wind Tower business uh they were doing oil field related uh tanks and vessels that sort of thing they've now um completed almost a a total conversion of the plant over to the bridge side uh so they're they're will be doing Bridge Manufacturing in that plant um they probably will have in the neighborhood of a hundred employees um they've been required by they also received in addition to our incentives they also received a grant from the governor's office from the uh uh Enterprise fund and the governor's office has uh required that they repay that fund we are now looking at because our agreements also quoted the governor's fund uh the the um Enterprise fund we're looking at what our procedure is to re-evaluate everything that we've done and uh I've been working with the legal department to determine whether or not we're going to ask for uh a portion of that Grant back at some point we are going to be asking for some amount back I feel fairly confident but I think we want to look at this company as they're not going to do 225 jobs however they still have created about a 100 jobs and so um there's going to be a sort of balancing

[2:26:07] act there and we've got we've got pretty good um numbers on where they are in their job creation from uh quarter to quarter over the uh three years basically that they've been in business so Mr ston yes sir were you saying that the the audit uh that state of Texas performed that the standard times reported that they had 37 jobs as opposed to 225 jobs is are you saying that report in standard times is wrong you're throwing around these 1002 200 jobs and in standard times reported they had 37 jobs based on the state audit I'm not sure how they looked at that um whether they were looking at again 37 sounds awfully awfully low but um our last audit was based on their 2012 in year end numbers for 2012 could they have dropped down as low as that yes uh and as a part of our continuing uh dealings with them I would suspect we're going to do another audit before we firm up anything uh that that that state audit would be available to you wouldn't it it should be yeah it's matter it's a matter of public information uh and they have they have just submitted a a fairly lengthy packet of information to us that I've requested concerning uh their agreement with the state their um current agreement with the state which is a repayment agreement so I've I've gotten all the details on that I have not had the opportunity to sit down and analyze that at this point well I I think the first thing you would do would be to get that state audit and uh and and put that as a first order of business because if they're down to 37 jobs out of 225 they're supposed to have and they're having to rebate all this money to the state uh wouldn't that be a red flag for the city of San Angelo uh it has been uh and continues to be and as I say we are working with them on it would your curiosity get you ask want to ask for that report immediately um from the

[2:28:11] state again I've been in contact I believe our contract calls for its own reporting mechanism yes sir and that that would be what Bob would use you're certainly right that that that would get our attention but Bob is uh required to follow up in accordance with the terms of our contract I understand but I think you would want their their factual information and their finding for compare to to compare and see what what they're saying what the state's found is as opposed to what they're reporting to the city of San Angelo Michael and I think I think I did mention that I have requested and received that information I just have not had the opportunity I've received it within the last couple of days haven't had the opportunity to go through it yet and I'm not prepared to to make a a hazard a guess at what that's going to what that's going to indicate at this point uh incentives paid to date for herzfeld uh in 2010 uh we paid them for 47 uh full-time equivalents total of $282,000 uh 2011 uh added an additional 134 and then in 2012 they added an additional 50 which took them over their uh 225 however as I said at the beginning of the this part of the presentation we have not paid them any money this year for either their job creation or their uh tax incentives or tax rebates pending a final decision on where we are on all of these agreements glazers wholesale was another one was done in 2010 it's it's a continuing effort uh they were required to purchase 10.75 acres of land and construct uh a facility of about $7.2 million they were also required to retain 45 full-time equivalents and to create an additional 79 uh full-time equivalents uh the incentives uh that we've paid to

[2:30:14] date are 124 FTE uh and we've rebated uh 4,000 in taxes currently they have 173 full-time employees and they've continually from from day one continually uh performed above the required levels in in our agreement with them Blue Cross Blue Shield um they have a total payroll of at least they're required to maintain a total payroll of at least $12 million their incentive is $ 37,1 18 per year for 10 years uh we've paid them to date 111,000 and they have not uh filed their uh 2012 uh request yet I've reminded them of that uh and uh they have been a bit slow in applying uh for that but uh anticipate we'll be getting their request in the near future and again they have maintained their employment level their uh total payroll well above what was required in the agreement how long do we give them to apply once they've once they exceed about uh 60 days we're not technically obligated to do anything with it't we wait past 60 days um yeah we are however we we're not quite to we've we've sort of allowed them to not do that it's not that they aren't performing they're just not asking for the money which is kind of a different kettle of fish they're performing under their contract they're just not asking for the money but they have to they have to give us that report correct yes sir and this sorry this was for 2012 that they haven't given that's correct sir so I I suggest if somebody is working for that company I would be telling them they need to get that report in we're way past 60 days I agree uh business retention and expansion for the uh strategic plan uh

[2:32:19] one of the items supposed to implement a formalized business retention expansion program uh or bre with regular Outreach to existing San Angelo businesses um I'm not going to go through each and every one of these goals and objectives but uh suffice it to say at this point that we have uh with coasta DC we have established a bre committee that consists of three uh board members plus uh members from uh the chamber uh myself and also the Small Business Development Center um and we've we've met about four times now uh to identify some tentative goals and objectives for a business retention expansion uh program uh we would we've had some suggestions from those board members or from those committee members that we perhaps uh approach Council about having two or three members of Council on that committee um as we go forward uh over the next couple of years uh we know that uh particularly some of the smaller uh existing businesses in s Angelo are going to be feeling the effects of the oil and gas boom uh they're already seeing it uh in the way of salary demands uh and difficulty in hiring people and if there the idea is maybe with working with Council we can set up some goals and objectives for how we want to address that situation and really at this point we're we're just sort of brainstorming that uh that approach one of the big uh uh elements in what we've been doing uh thus far is the business resource center um as I'm sure everyone here is aware uh we've taken that from concept to completion of the facility now we've we've been in there um almost 11 months um the um Small Business Development Center kosa DC the business Factory have uh permanent offices in the facility and then our other partners ERS have satellite offices uh that they can

[2:34:23] utilize when uh when we're working together on projects and we're still um I would say working through some of the machinations of how uh the partnership is going to work relative to that that centralized resource it has been a uh I think a great resource from the standpoint of uh our in relationship with the Small Business Development Center where um um they bring their they have their clients come in and um as an example we now hold the development review committee meetings in our conference room in that building so as a Small Business Development Center brings in a client uh that client wants to uh build a building or renovate a building or is looking for a building whatever they can bring them over to uh to me and we work directly with them in conjunction with the Small Business Development Center to get them into into a uh or get them at least to understand the the application permitting process and uh and then eventually get them into a building we've also uh been able to move some of their clients into the um business incubator upstairs um we now our incubator space is full and we've got uh two or three people on the waiting list uh to get U office space there of course business resource center is a a One-Stop shop for business resources to to grow and maintain local businesses by providing uh exceptional business services and to strengthen s Angela appeal as a place to do business and basically uh the bottom line is to create a business friendly environment uh within the city of s Angelo uh we've talked before about this but Target Industries is part of our strategic plan we had basically five uh major areas of Target Industries um energy was a very uh important Target industry when we first started the um strategic

[2:36:27] plan we've sort of been given a gift of that one now and we're not uh promoting it as much but Agri business Regional goods and services uh including Regional Medical Arts and entertainment festivals that sort of thing and especially retail stores uh are some of the target Industries we're looking at also information technology and customer support and advanced manufacturing and log istics uh and of course this is a plan just like any other plan and um although we're not concentrating as much effort on uh the energy industry now uh either wind energy or uh oil and gas uh we may want us to re-evaluate some of our uh Target Industries and look at other other options excuse me um goals of of the Strategic plan if if yall want me to go through these one at a time I will but um that be okay sorry it's all right me to pass okay U that the plan is available on the website uh something that we looked at and I'll just touch on this very briefly another thing that we did in 2012 is we we had a consultant uh look at our development process for for subdivisions and permitting this is our Subdivision plat process and this is the improved process which seems a little bit long but there's really only one two there's about five six steps there uh and this you can get this thing through the process probably quicker than any place I've ever worked and and I've spent a lot of time in in Land Development um our site plan permitting process again uh looks like a um something of a complex process until you look at something like a city that's not too terribly far from here about three hours and this is their development process I don't think it'd be fair to say that it was San Antonio that's that's off the city of San Antonio

[2:38:29] website uh and there's a lot of if you if the answer is no you start back at the beginning this doesn't just go through the process once you can go through this several times and the bottom line on it is seriously going through their development process what takes six months six to nine months in San Antonio probably takes two to three months here if you had to really go through the whole process uh major voter approved projects of course we got the affordable housing uh $335,000 per year um and they in 2012 they did Gap financing of about $22,000 uh for five new housing units for firsttime buyers did Helping Hands did 53,000 rehabbing 25 houses housing units for homeowners and the blitz 150,000 did siding and painting on 48 housing units for low and income homeowners Contra River uh Improvement project 13.6 million and that was a specific voter approved project that number may have changed a little bit now uh we still have some some there's still some work going on and there's there's been some modifications to the contract but contract's moving along Hickory aquafer $12 million COA DC funding uh we're paying the U the Debt Service on that or a portion of the debt service on it um pipelines complete um working on the treatment plant Rio Vista Park now haime madon Memorial Park pedone Memorial Park sorry and I misspelled padon um $636,000 that's complete it was just uh rededicated here um about two weeks ago livestock Barn 100 about a million dollar um that was complete and they did a really good job got that done in time for the rodeo last year or this past year uh ma other major Pro uh voter approved projects municipal pool 3.2 million Airport terminal Reser renovation is ongoing uh it's a $5.9

[2:40:34] million project 500,000 of which is coad DC funding uh and our funding is for non uh FAA funded items course 50th Street now Lake View Heroes Drive uh is completed um and I don't recall what the uh budget was on that one on the horizon uh of course the activation of the advanced San Angelo web portal uh which is now up and working with the exception of Howard College which is having a problem with their site for some reason development of the industrial park uh we've just closed uh the sale on 28 or in the process of closing the sale on 20 acres um there they've signed the contracts now uh I'm going to meet with the um environmental guy next week to walk the site and that should finish that up and all the paperwork is in the Title Company's hands we looking at a possible co-working space in the business Factory I won't go into that but it's basically a uh a uh first step for small entrepreneurs we have some space available we may be able to use for that and it's something we're just starting to look at and of course completion of the BS BRC finish out um we didn't we have some money left in the budget from the construction project uh which basically means we came in under budget um and we uh may use some of that for furniture uh and or uh other things once we just make some determinations on some of the use of space in the meantime we're not uh looking to spend that money and one of the biggest things probably on the horizon is I think um what I've talked about here as far as not just business uh retention and and expansion but also just the general working and establishment of goals and objectives for Coosa DC as we go forward uh we have a new Council we have a new relatively new board um and I think it's going to require some some working some

[2:42:39] co-working between Council and Coosa DC to identify the goals and objectives um that this Council sees for for Coosa DC and give us the guidance uh with Coosa DC that we need moving forward and this is what the advance s Angelo website looks like um you can this is just obviously just a slideshot but you can click on any one of these and it'll take you directly to the um website of the of the partners you are our board of directors uh this was the 2012 board of directors um towards the uh the fall 2012 U excuse me Joe Tzus uh left the board and uh uh Pedro Ramirez joined the board um Pedro is still on the board now and then our 2013 board uh with the new members and uh at this point I'll open it to questions sh yes when um preferably by the end of November if you could provide uh me or the rest of the council I'd like to know you mentioned the minimum 21% Max 72 and economic development 28% that's the numbers that are allowed to certain things water is a minimum of 21% maximum 72% half cent sales tax and economic development 28 cents if you could provide us with a breakdown uh each year where those percentages lie what has been spent whether am I making myself clear okay I was afraid it was too late because you were looking at me through squinted eyes okay I really would like to know that and then um also um was either the end of the July 1st of August Council had requested uh the cad DC board work on changes on eligibility requirements and have not

[2:44:43] seen anything in the minutes or the Costa DC board minutes where there working on that or do we have any anticipation of when it's going to come back we did a um yes as a matter of fact um we did uh the original change which was back to the um 2012 uh January 2012 we did that change and then I took a change a proposed change to the um Costa DC board and they've approved it for uh tightening that requirement a little bit more by including something Mr W wordlaw had requested which was to address the not just the individual receiving uh a benefit from kosad DC but the company at which the individual is employed whether that be a council person a coad DC member or an employee um so we have we have done that I have not brought that back to council um because I I think um we'd like to look at some other changes I Believe Miss farmer you suggested that we look at all of the uh policy guidelines and and work work through that and I that's part of what I think what I would like to do with Council if we can do just don't want it to linger and and get lost uh in the followup um the other thing I wanted to ask you is if you could provide some statistics or numbers for us at some time is that I noticed in your presentation the half cent sales tax uh that one of your goals was directed in promoting the Downtown Association of the downtown s Angelo revitalization and I I'm reminded that the half cent sales tax is paid by citizens of all over San Angelo not just downtown and uh every now and then it's good to refresh us or let us know I know

[2:46:45] at one time I believe it was Rick provided us a map of the city in the areas where it showed us a picture of where half cent sales tax monies had been paid and it's I would like to see that updated if possible those are my questions and requests okay thank you I think something we can do right you said that you were under budget on the BRC how much under budget were you I think there's about 60 some thousand left then you said something about furniture which really perked my ears up on that uh as we all know the furniture situation um we're not going to spend 60 something thousand on furniture I hope no sir we're not um and we had some we had some expenditures that were actually that were actually approved that I haven't G I haven't gone out and spent the money just simply because if if if we change sort of directions on some of the the space we may not need to spend it I certainly don't want to buy something that we're not going to use six months from now um we don't see an immediate need where it's holding us back on anything so I'd rather just not do that for the time being so are you going to hold that 66,000 or as long as you all will let me well if it were up to me I wouldn't let you hold it for very long um I would I'd be using it for other things but that's just my opinion and that is 60 6 roughly 65 I could use that for um thank you Mar no sir I'm sorry your your your your expense doesn't qualify I understand further councel that's it have anything from the Public Public comments on brother steam's presentation if not then we thank you sir thank you thank you Bob it's 859 how L you how late do youall want to stay here let's get it done let's keep going 15 minutes okay let's hit with consideration possible action on matters relating to watering of the city parks sport field Santa Fe golf course Fairmount Cemetery Shane

[2:48:49] kilton Roger havac and when it when any one of y'all says motion to adjourn you've got an automatic second so I'm going to get started quick mayor yes sir we I'm I'm about to make that motion but uh in in interest of speeding this thing along uh we've had this presentation twice uh I don't think we need it again and I'll I'll make a suggestion y'all can either vote it down or or approv it or modified or whatever but I'm I'm ready to act on this cuz that these guys made a great presentation the last at the last council meeting councilman we do have some uh staff recommendations uh towards the end of the presentation if y'all would like for me to go through that that's fine go to the end go to the end go to the end okay yeah if if you don't mind I'd like to pick up right here for just a moment just to show you a couple of things as you can see we have different divisions that we're that we're discussing we're talking about Parks we're talking about the sports complex Fairmount cemetery and Santa Fe golf course our current budget is about $28,000 for the parks Division if we are going to need or require up to 38 in of water a year as supplemental irrigation then my budget would need to be $840,000 at $4.20 per th000 gallons you made this presentation last time correct correct and it has to do with what our recommendations are uh uh 28 would be 620 and you can see what the numbers are as we go down the list if you keep the parks budget the same at roughly 208,000 I would need that figure or that rate to be a do four per thousand gallons for me to put that same 38 in of

[2:50:53] water or at least have the ability to have that budget in place so that it did not limit myself or Oscar at the cemetery or the golf course folks and others uh as managers of those sites and you can see if we even go down to 28 in of irrigation it's going to need to be at $141 the reason why I have the 38 inch highlighted is because that is again it it does not provide those limitations it's not that I want to use the water or that I will use the water but if you only give me enough money to do 28 in that amount of money could actually end Midsummer and then we be we'd be back in the same shape that we're in now to where I don't have a budget to continue watering at the critical times when we need to especially if we have an extremely dry year the recommendations that we have uh would be to uh to continue to irrigate basically our highly utilized sites that we have of course with the wonderful rains we've had over the last month uh we're not watering in fact we haven't turned on any irrigation since I've met with you a month ago um and of course we'd like to look look at things that we can do to possibly some of those other areas uh but again it's going to depend on the amount of budget that I have in place and right now it's pretty minimal and again there's other uh recommendations there one of the things about Fairmount Cemetery uh of course we've we've had issues with stressed and dead trees in that area and I know there's great concern with that area but that's a little bit different type of budget as well because to me that's more of a business type or an Enterprise budget to where they're looking at Revenue versus expense and hopefully the revenue is

[2:52:57] above the expense at the end of the fiscal year well on their irrigation it limited them to only about $115,000 in their budget which only gives them about three waterings in a given year so with that being said if you do provide the additional funds to water that site adequately at the lower rate that we would recommend uh again we need to be careful as we go through the process of of looking at it at the end of the fiscal year if we're if you give them $ 59 or $61,000 and at the end of the year they're over by $61,000 they actually did quite well because they used the water that they needed to appropriately if they had to use that amount but yet they did not overspend in all of the other line items within their budget uh would you'all like for me to go over some of the recommendations on the golf course and whatnot I'm seeing a no I I would rather that the golf course of the trees have unlimited budget for the next 12 months for water and not be charged uh you know uh so that we save those trees we don't get oursel back in a situation where we're losing 50 60 80 trees and that's one way to do it and other people may not agree with it but that's my solution to the problem and the same way with a Fairmount Cemetery you pick an arbitrary number and it always falls way short I mean the Fairmount was out of water just early on like you said three waterings a year I mean why are we even talking about this so that's my recommendation uh I don't know whether this Council wants to go back and look for three or 4 $500,000 for for watering fees if they do I'll I'll go along for the but I I'd prefer not to is that a motion yeah I'll move second clar clarify the motion for the next for the next uh fiscal year uh that

[2:55:03] these four entities be allowed to water uh prudently uh without any charge to their respective uh departments um and uh that that would just be for 12- Monon period uh and and I'd also just say it's not part of the motion uh if we if if it doesn't rain we're going to run out of water in a couple of months anyway and so you know the exercise of coming up with all this money might be for not anyway is my thought okay and that's my second well I think it's moot point anyway because we've got about 14 months of water left and we're not catching any water but from our recent rains I mean we it's it's been good for the grass and trees but we're not catching any runoff MH and in another 3 or 4 months we're going to be in drought level three and all of this is this is wasted time I'd suggest since we're this far to the end of the year let's wait and see what happens in the next 3 or four months that would be my suggestion but we do have a motion in a second on the floor and we need to deal with that but I'm not in favor of unlimited watering especially with the drought circumstances that we're in now one of the things that we do as managers of this city property is we're able to make those assessments once we get the records back in terms of how much how many gallons are used per site and it's based on acreage and it's based on 27,1 154 gallons per acre inch so I'm able to look at those sites once I see how much we've used and make the assessments of yes we're we're staying within the 1 in or you know we need to make this type of adjust what's going on here that type of thing so accountability is already in place at least from our standpoint watch those types of things and and and that's the basis of my motion I'm willing I have confidence and Trust in in you guys to use the water appropriately and uh we don't have we

[2:57:07] don't have the money in our budget so I I don't have any problem in going this way and turning it over to you guys if it were a private citizen or a company or something that was using in the water I'd feel differently about it but not the city's parks department which I have a lot of confidence in okay I appreciate it it's a it's a a charge we're charging and we're paying so you know it's an offset that's U you keep track of and know exactly what it is and Ultra conservative but it's we're doing the charging and we're doing the receiving and it's kind like Mr Morrison said you know in a few months we're not going to have any water anyway so that's a great concern of ours as well Rodney Marty the thing I've got a problem with winky is is is the part of it where you say unlimited and I realize that these guys are that you will do a good job on this I I don't I don't think there's going to be a problem there but I'm seeing what it shows the public and what we need to be doing is cutting water back everywhere everywhere and because we are going to run out in 3 months I mean I I hate saying this more than anything but we probably are going to lose a bunch of trees but you know what I'd rather have my kids drinking water and let a tree die that's where I'm at so there's no way I mean winky if if we go through with this vote I won't I'm not going to agree with unlimited I can't I I just can't do it okay just vote your conscience I'm not with I I just can't I I can see I hate letting trees die and grass D but we the people have to have water before the trees you can buy you can buy AAR of water all this other kind of water in in in the grocery store you and I you and I can but there's a lot of people in this town that don't have it in their budget to buy bottle water well they can't afford our water bills right now and that's something I'm going to put on the

[2:59:09] agenda for the next time but I I just people don't want to live don't want to lose any more trees in this town and uh uh you know uh we spend $120 million down here on Mulla County why can't we use that for drinking yeah well I I'm I'm all with you on that because we the council the previous councils they messed up that that filtration house should have been done we should be using that water right now when that pipeline was finished the filtration house should have been done and it's not and I I still don't understand that that just boggles my mind but uh I think the the the word word that turns everybody off or whatever is unlimited and I that's not what Mr that I heard him say I said prudent watering prudent watering and with a limitation that it's just asking for forgiveness of the parks department be uh the monetary end we we're still limited and will'll always be limited to the ordinance just like everybody else is well I guess you could always change the ordinance but we're limited with how much water we can actually put out with the ordinance and actually we actually throughout all of this last year the last two years have actually put out substantially less than what the ordinance allows us to uh simply trying to be very good stewards of of what resources we do have well you didn't have it in their budget either and we didn't have it in the budget either yes sir and and I believe Mr WLW and it's strictly up to yall how you want to do it uh I believe what his deal is just to do away with the monetary end of things not necessarily allow us unlimited water to go out and put on the ground because we definitely know we cannot do that uh at this point so so you're saying abide by the in this case the two if we go to stage three then you'd have to abide by yes we abide by the ordinance just like everybody else and and let me say one other thing Rodney in relation to my motion is uh I I'm not saying that even I don't think it would be legal anyway

[3:01:11] but I'm not saying that we couldn't modify what we're doing U I'm not anticipating that we would if we run out of water we'll have to modify everything yeah so I'm I'm not trying to lock something in but it's just you're you're just changing money from one hand to the other and um I I I don't think that that's really necessary right now and but if y'all want to try to find the money for it that's fine with me no I like that idea but the way you made the move the motion that you made was unlimited I mean you're going to have to go back and change that in order to get my vote on it and I agree with them on this deal on I don't have a problem with taking the money part out of it way because we are creating it and then we're paying ourselves it's just going from one hand to the other really in a sense but uh I don't I can't I just don't want to say that it's unlimited it just looks bad to the public just mentioned a while ago too that we have that's a 38 in is what you're recommending 38 to 28 in so you've already established how much water would be necessary is that correct correct yeah 38 would probably be the 28 would be the minimum but it could be an upwards of 56 so already have an indication how much water you've already determined how much water we'd actually need in order for those trees and the grass I I need to maintain a health of that plan would 38 be prudent yes yeah so could we say prudent is 38 and we don't Bill wink yeah it's the bilding part that I'm trying to get at not not the use of the water yeah yeah and abide by the ordance abide we're not changing that it we have to abide by the ordinance no and we're not asking of that either as our recommendation well let me ask you this because of all the rain that we've gotten right now and we are coming into kind of the the dormant season correct how much water do we need between now and the year very little I'm hoping that we don't have to turn on the irrigation again until March then why are we this kind of comes back why are we even doing anything this was asked of staff to bring this to to y'all and

[3:03:14] again we we need to look at it from a planning standpoint too looking at into the future there's going to come a time again where hopefully we do have water in the Lakes but I'm still going to have the same type of budget problems and so again that's why we put together the recommendation we have the water man I'm all for this but again I think in four or five months we're going to the next stage and ain't nobody watering correct and that's another reason why we need clear direction if we stay in three or two or whatever it is staff is continually qu questioned about by the public you know if they're dead trees or those kind of things so we need clear Direction before we get to that stage as to what the council's intentions are and if that's you know abide by the ordinance but you know we're going to give you the money to to handle it then we know what that is up front and we're not coming to you at the last minute to ask that question I submit that there's people out there in the in the in the private sector that also would like to water 38 in a year for their trees and simply can't afford it and they can't say we're just going to change the budget up so we pay a141 cents per thousand because it cost them $4 per thousand so it may look to us like just a bookkeeping trick and I understand it but in reality the private sector can't do this this is an advantage that we are taking because we have the water we sell the water and we pay ourselves so I'm I'm not going to support this at all I think it's I don't like it well I think what we had talked about last time and I want to reiterate it here is these properties are all incom producing properties and we're trying to protect the investment that is there for the continued incom producing Advantage if we kill our ball fields and you know uh there's other cemeteries that people can be buried and it's really strange to say that a cemetery is an incom producing property but it is and so there on one hand we're trying to to

[3:05:17] protect the income and Charlotte to add to that she brings up a good point one of the things we brought forward during the budget process was the sports complex and we told you then the budget is not adequate to cover the areation has not been for a while and that's why you've seen that fund fall into the deficit and so you know just to bring that up again we've got to address the watering sooner or later in some form or fashion so I don't I don't know how that is but that's what we brought up in the budget session as well further Council I think this is the wrong time three week three months out of out of drought stage three I think is a wrong time to we talking about 38 Ines of water on the ball field that's my opinion but it the motion has been made it has been seconded public comment further comment on from the council public comment on this before we call for the vote well what if I change what if I change the motion a little bit just to provide that there will be no allocated uh that the these departments will continue to water these properties and there will be no allocation at this time in as as far as a budget for water is concerned that's what we're talking about and they follow the restrictions and the guidelines in the keep watering prudently under the current water restrictions yes my name is Jim Turner and one of the goals that the city council has had and various people outside of the city council such as myself have had as that the water department is fully transparent and what you see reflected is exactly what it costs for water what you're talking about now is in effect a subsidy for a activity a part of the city an important part that is paid for by the

[3:07:21] water fund instead of the people who are consuming the water that water is going to have to be paid for by somebody right now it is paid for by the people who are paying the water bill if the general fund money the revenues that these properties produce Etc don't pay for that that's still going to have to be paid for the production still going to have to be paid for the utilities the chemicals needed all of that's going to have to be paid for by the water consumer so what you're doing is you're Shifting the cost of the water from One Fund within the city onto the water fund more directly to where the water patrons the water customers are going to have to take and pay to subsidize more cuz this water's not coming free you it's not a zero cost thing yeah it looks like you're moving money around but you're moving money from a fund that is paid for by Sports Complex revenues Parks revenues property tax revenues sales tax revenues and you're shifting that onto a fund that is paid for by the water bill and water users that's what you're doing when you do this that $800,000 for that water is going to have to come from somewhere it's either going to come from the general fund from ticket sales from subsidies or it's going to have to come off the consumer's water bill that's extra money that you're going to have to charge as a rate increase somewhere down the line that you're not charging today so look at this carefully and you're going to have to decide do we really want the water fund subsidizing the park grasswater that's exactly what you're asking for it is that simple thank you further public

[3:09:29] comment let's take a vote y'all heard the motion you've heard the second all in favor say I I all oppose Nay Nay n n it didn't fail because it were just three votes so I guess I'd say bring this thing back when we got enough water in the lake to deal with it and let's let the rest of the council make a decision because three votes doesn't kill it winky I am in favor of this once we get past this water situation I I I think that we should that we should do that and we should be going to keep these things alive but we got to do it when we have water we just don't have any water well I and I I just I hate that we had I mean I still don't think that the general public understands the Dire Straits that this city is in I still people out there are just they've got their heads in the sand and they just don't understand I mean we are 3 to four months away we're 13 months away or 12 months away from real real bad stuff and we're not take we're not catching any run off no it's very serious it's a great concern of ours too we have we have a a large investment we have move on to the next item Dwayne before you do I just want to clarify that they will continue to operate under their current budget so we will water accordingly with that budget including the sports complex so if the grass is dying out there I just want everybody to know I'm not I I agree with what y'all are supporting but I want to make sure we're all understanding that that that could happen and and that's clear so we're okay with that we just want we go to this next level I mean it's all over anyway we can bring it back at the more okay let's move on to item number 30 consider or unless somebody wants to make a a motion unless somebody wants to say a journ we'll move to number 30 uh Mr Mayor yes I I do have something that might help suggestion item 31 I believe was Don vardan's uh uh request and and I I would think it would be better for us to

[3:11:35] put that off and I think he would prefer that get back so I would I would request that that would be removed from the agenda and uh then items 32 and 33 I think we can put off to a later date and I think we need the other two council members there here for that is that all W with the all down here to move 31 32 and 33 to another one yes I agree yes Charlotte that's fine good for me how about 30 you want to deal with that one mayor that's that's not an item that would have an overnight impact so if you want to push that item that can be pushed let's move that one off yeah that leaves us 34 that's discussion possible action regarding the dissemination of news releases by the city of s Angelo councilwoman farmer you have the floor uh I was expecting to see Mr Wilson so I wanted to ask him so I'll ask Mr Valenzuela um what what is the difference between a blogger and a media person you have your established news sources that um actually do the um when they do the reporting uh both sides are always addressed in the reporting and so you have those established news sources um I know that as a matter of fact Here Comes U Comm Wilson but uh that's the way that I look at it well I'd like to make a comment on that uh I haven't read the constitution in two days but uh uh uh article one of of the Amendments uh says we have freedom of the speech freedom of the press and it shall not be Abridged by any governmental entity and uh Mr valuel I have to have to strongly disagree with you freedom of speech and

[3:13:37] freedom of the press is not balanced in fact that's the purpose of the First Amendment to the Constitution is to allow people that have descent however that may be uh to express that and not be stifled and the classic example of that is flag burning flag burning offends me greatly but it's but it's held by the Constitution you're smiling but it's held by the con by the Supreme Court of the state of the United States to be freedom of speech can I simplify this whole deal right here this is as far as dissemination of news releases we have the information on our website from page anyone that wants to request information as far as news releases just submit and request to have it submitted to you give us an email address and anyone and everyone that needs it we'll get it out to them may I finish now sure thank you I I looked up because I didn't know I don't know what a blogger is I but I looked it up in in Websters you know online and a Blog is an online journal for an individual group or uh group of people of activities thoughts or beliefs some blogs open filters uh but they're considered to be Diaries Diaries of what's Happening a type of online diary that someone makes available through the internet or very which is a very popular way of uh communicating uh that's what it says that a Blog a blogger is and then I looked up and you know news reporter the and I got the definitions the collection and editing of news for presentation through the media public press an academic study concerned with the collection and editing of news or the management of a news medium writing uh designed for publication in a newspaper magazine uh computer uh interviews for descriptive of events without an attempt at interpretation uh writing designed to appeal to a curtain Uh current popular taste or public interest um it's a collection of preparation and

[3:15:40] distribution of news related commentary and feature materials through media such as pamphlets newsletters newspapers magazines radio films television books there there are a number of things that it says that it is and if someone has is through publication does news and pays their dues to the international news people I I don't want to be messing around with first amendment I don't want to be deciding who we think is a blogger and and who is a journalist or a news person duly noted well as as some of you know the first uh 20 years of my uh working career was spent as a newspaper uh reporter and editor and so you know I take these things very seriously I felt like I was a protector of the First Amendment for the first 20 years of my career and the fact of the matter is as uh Mr Valen wha said you know he and I have discussed it we're happy to provide the information to whoever wants it but the information has always been available on our website on our Facebook page and on our Twitter page and in fact censorship is as you know Mr w law a uh active act by government to prevent something from being published and we have not done that so if I called you a blogger you would be insulted since your profession is journalism I am no longer a journalist that's not what I ask if you were still a journalist would you be insulted if I referred to you as a blogger or I made the decision up on Council that you're not worthy of a news position you're only worthy of a blogger I think there is a distinction between journalists and bloggers well I'm going to make the motion that we're not in the business to prevent People's First Amendment rights uh and I don't think that we should be making that decision so I want the motion uh to say that uh we don't make the decision as to who a blogger is or a news person or news

[3:17:44] Medias that we do press releases too if we're going to do press releases we do them to everybody well you do them to everybody but you character who you think they are you well as Mr Valena said and you know uh after we discussed it I mean obviously I'm in the business now of public information we want all the public as many members of the public as possible to have the information that we disseminate and so we're happy to anybody in the audience anybody in our uh watching TV audience uh anybody who request that they be put on our press release list we're happy to do that I think they should be put on a press release and that is my motion because I don't want to mess with us the city controlling or trying to control the news or the information that goes out to the public there are numerous views CNN and Fox News never have the same opinion but it's up to the person who watches to make that determination and uh my motion is that anyone who requests to be a news press release should be allowed to receive it I'll second that motion further comment yeah I know the general Public's out there going what is going on with this I think we need to explain and I think it needs to be explained a little bit better than that yeah I agree they're they're sitting there going it's going right over the top you want to explain explained it Anthony you want to explain what this is all about we had a u a blogger who was reporting on uh some issues related to the city uh with that and despite our offers to provide information and interviews um those weren't taken up on and so this blogger was reporting

[3:19:47] one side of a story without reporting City Management's side of a story and so and initially we thought and we're hopeful that this website would be providing information of All Sorts about the city and so it appeared to me that this website was just interested in commentating blogging on what happens at our City Council meetings which is fine that is that person's First Amendment right but in my professional opinion that did not measure up to the level of being a member of the media and so we made a decision to stop providing media releases via email but those releases are still available via our website our Facebook page and our Twitter page you left out that that you changed the classification did you move it from one classification down to the bloggers with the other two bloggers we have never sent press releases to bloggers do the bloggers pay anything to be on the press release that you send out no sir have you told anyone that they are not allowed to use their website to produce anything they want to no sir so you have not you have not suppressed anyone's First Amendment rights you have simply taken them from a reporter position and put them in down with the bloggers and that a position that they pay nothing to the city for I I have not violated anyone's First Amendment rights I guess if they were going to pay for this information that they would have more they would have more rights to stand but we charge them nothing it is a it is a service that you provide to put them on our City website to give them some some exposure we don't charge them well well and and again we provide every one of our press releases

[3:21:50] is posted on our website our Facebook page and our Twitter page and other local bloggers that's how they get some of their information about what happens uh with the city so maybe it's time to take all of them off maybe it's time to just remove the bloggers from our website and let them get their information from the other sources like everyone else mayor the information actually that goes out is an internal as far as the information you send out it's internal information you send out uh for uh for the council members others oh yes and there is a distinction between that I mean I do provide a daily media report for our council members so that they will know what is being reported on uh by the local media and we have included some blogs in there because from a council perspective I do think it's helpful that you know what's being said and written about city government within our within our community well I would just I would just have to make one comment the excuse given is as I'm told was that that you're not giving both sides of the story and uh you know that that's that's a wrong that's a wrong argument because that does uh that that does get into the First Amendment freedom of press and freedom of speech the have you suppressed anyone from blogging on their own website I talk about bloggers have you has the city suppressed anyone from blogging on their own website no sir how have we suppressed anyone's First Amendment rights we have not suppressed anyone anyone in this city or in the world can make their website and put anything on it that they want to we're not telling them not to are we no sir bloggers don't receive press releases press releases I'm ready to take all bloggers off of your internal information that you send out just let them get their press releases I mean take them off if if they're not satisfied with the free exposure that we give them I'm ready to take them off we got them he we got a motion in a in a second so we'll deal with it yeah but I don't see that we have done

[3:23:53] anything wrong well let me just say let me take one more shot at it to the public understand a person was uh an entity was Dow graded from press to a blogger on the basis of the excuse uh that they weren't presenting both sides and that is Miss Farmer's objection and that is my objection and that does that does infringe on the right of the Free Press you you you all think the uh the New York Times provides both sides the standard times is notorious for its liberal bias the the Austin American statesman you got to be kidding they're so liberal they're way out in out in the Twilight Zone further comment from Council no may I very quickly go ahead I don't have a problem with the motion to be honest with you I think that again as we just mentioned a while ago this decision has been made anyway anyone wants to request information as far as press releases to be uh emailed out we don't have a problem with that we'll send it out Mr Harry Harry Thomas I'm a community volunteer and I come to most of these Council meetings over the last six or eight months I will have to make one comment here and you can you can take it for what it's worth this is not worthy of the council's time or the Public's time out here thank you the difference between a news person and and a blogger I mean it it's it's very very difficult line to see but the bottom line is as long as the information is available to someone we're spending a lot of time that's not necessary thank you Harry let's spend it on water issues motion's been made made it has been seconded and what what was clarify the motion for me again you have more comments

[3:25:58] Turner yes my name is Jim Turner and as everybody knows up there I'm pretty sure I am a blogger and I've also done some news reporting I've had stories published within the Press here I think you're taking and dealing with an issue where there's really you're trying to put too fine a spin on the difference between traditional journalism Media newspapers and so on and the emerging type of Journalism that that started out as the definition you read in blog of a blogger but blogs today are not what they were even when the dictionary made their term most blogs today of any substance with any readership do not stick to just a diary type thing they do a lot of news and they are also called citizen journalism there's a lot of different names don't get hung up on the names what needs to happen here is a fair treatment of the information news opinion sources within the city and within the community and that's two parts if they're listed in the web site on the city's website you should probably have two divisions one which is commercial news organizations and non-commercial that's a distinction that is real legitimate but a lot of news sites on the internet now it's very hard to tell them from what we are also used to call blogs some of them make money some of them don't look at uh the Texas Tribune right now and compare that to some of the blogs out there not much difference one's

[3:28:01] called a new site one's not the second question is how is that information provided to these different news sources information sources whether they're bloggers journalism commercial media whatever if it's a commercial media and they want to pay a price let them get the email for that one of the things that the city had up there for a while was an online newsletter that you could subscribe to that's not there anymore there's other options as far as like automatic RSS speeds that the city could do as part of the design of the news website don't get hung up though trying to over differentiate the and the last thing I think it is not a good policy to take and give the appearance of punishing one of these news sources by taking them off a mailing list or moving them around because you don't agree with their specific method of doing information Pres ation journalism uh not getting the city's side on every issue and yes the the information should be put out complete but the First Amendment and even journalism historically has never required that all sides but are treated equal in order to be considered as a news source or an information Source it's only fairly recently that we have presses matured in a lot of the major press especially to where they try to present a balanced perspective the Society of professional journalism that's part of their code of ethics is to provide a balanced

[3:30:04] presentation but that's not a requirement in order to take and have free speech it's not a requirement to be a commercial or any other type of news source there's a lot of news sources out there that you know we're going to have a slant just even from just their name and they need to be treated equitably they can't be treated identically but they do need to be treated fairly and it has to have not only the substance of fairness but it also has to give the appearance of fairness and if you're taking somebody and moving them around because of something that they've always been doing but you don't agree with that gives an appearance that's wrong and bad and that's what we don't want to have treat all the new sources fairly equitably and don't make it look like you're trying to get back at them because you don't like something they're doing thank you and that was my motion that the city not be involved in determining uh who does does not receive press releases by a title that we've chosen to classify them as is that motion has been made and seconded any further Council comment any further public comment all in favor say I I oppose nay nay so it's a four I abstain you abstain how about you Rodney I didn't hear yours because I'm advertise with the person's here I probably should abstained all also an exstension is a positive according to our it's not a positive no is in it is an exstension is for the motion according to I'll find it if again we're spending a lot of time on

[3:32:07] this when really I just don't feel we have the right to classify people okay I it's a nay for me okay I'm not going to abstain then okay got two two far and two against so no decision has been made bring it back all righty consideration of possible actions discussed in executive we have one uh Atmos Energy has asked for a rate increase they have asked for a rate increase to amount to $22.7 million there is a group of cities there are 60 cities that are that are grouped together that go and negotiate with Atmos and they have negotiated this down to $16.6 million of an increase uh this would amount to a 70 to average 74 cents per residential customer per month 216 per commercial account per month uh our Consultants on this told us that if this if we want to fight this we can but if it goes to the Railroad Commission we probably will not win and we'll be out a lot of money to fight and they suggested that we take the $16.6 million that has been negotiated and I guess I'm going to move that we accept the the tric the the 60 cities areas and the negotiation of $16.6 million for Atmos against their 22.7 million request which would amount to a 74% residential 7 what' I say 74 cents 74 cents average residential increase 216 average commercial increase and except the negotiations of the group that is my motion I'll second that do we have further Council discussion do we have public discussion the motion has been made in second all in favor say I I any oppos

[3:34:11] nay that ends that one announcements and considerations of future agenda items it was a resolution mayor so we're adopting the resolution we adopted do I need to rephrase my motion to adopt the resolution you could just that add an addendum to your Mo okay I I will add an addendum that we adopt the resolution that goes with those figures will you second it I'll second that all in favor I I I any oppose nay announcements consideration of future agenda items what do y'all have I'm wait later okay anyone else [Applause] okay I'm waiting second all in favor say I I meeting is over

Captured 2026-07-26 · source: youtube.com/watch?v=fsFMYCKRcw8